#aadth ,,congress #ast ,session ,in the ,house of ,representatives1 ,u4 ,s41 ,june #ab1 #bjae ,,house ,,amendment ,,to ,,senate ,,amendment3 ,that the ,house agree to the amendment of the ,senate to the title of the bill 7,h4,r4 #fdd7 entitled ,an ,act to amend the ,internal ,revenue ,code of #aihf to permanently extend and expand the charitable deduction for contributions of food inventory4 and be it further ,that the ,house agree to the amendment of the ,senate to the text of the aforementioned bill1 with the following ,in lieu of the matter proposed to be inserted by the amendment of the ,senate to the text of the bill1 insert the following3 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,trade ,facilitation and ,trade ,enforcement ,act of #bjae4 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--,trade ,facilitation and ,trade ,enforcement ,sec4 #aja4 ,improving partnership programs4 ,sec4 #ajb4 ,report on effectiveness of trade enforcement activities4 ,sec4 #ajc4 ,priorities and performance standards for customs modernization1 trade facilitation1 and trade enforcement functions and programs4 ,sec4 #ajd4 ,educational seminars to improve efforts to classify and appraise imported articles1 to improve trade enforcement efforts1 and to otherwise facilitate legitimate international trade4 ,sec4 #aje4 ,joint strategic plan4 ,sec4 #ajf4 ,automated ,commercial ,environment4 ,sec4 #ajg4 ,international ,trade ,data ,system4 ,sec4 #ajh4 ,consultations with respect to mutual recognition arrangements4 ,sec4 #aji4 ,commercial ,customs ,operations ,advisory ,committee4 ,sec4 #aaj4 ,centers of ,excellence and ,expertise4 ,sec4 #aaa4 ,commercial risk assessment targeting and trade alerts4 ,sec4 #aab4 ,report on oversight of revenue protection and enforcement measures4 ,sec4 #aac4 ,report on security and revenue measures with respect to merchandise transported in bond4 ,sec4 #aad4 ,importer of record program4 ,sec4 #aae4 ,establishment of new importer program4 ,sec4 #aaf4 ,customs broker identification of importers4 ,sec4 #aag4 ,requirements applicable to non-resident importers4 ,sec4 #aah4 ,priority trade issues4 ,sec4 #aai4 ,appropriate congressional committees defined4 ,title ,,ii--,import health and safety ,sec4 #bja4 ,interagency import safety working group4 ,sec4 #bjb4 ,joint import safety rapid response plan4 ,sec4 #bjc4 ,training4 ,title ,,iii--,import-related protection of intellectual property rights ,sec4 #cja4 ,definition of intellectual property rights4 ,sec4 #cjb4 ,exchange of information related to trade enforcement4 ,sec4 #cjc4 ,seizure of circumvention devices4 ,sec4 #cjd4 ,enforcement by ,u4,s4 ,customs and ,border ,protection of works for which copyright registration is pending4 ,sec4 #cje4 ,national ,intellectual ,property ,rights ,coordination ,center4 ,sec4 #cjf4 ,joint strategic plan for the enforcement of intellectual property rights4 ,sec4 #cjg4 ,personnel dedicated to the enforcement of intellectual property rights4 ,sec4 #cjh4 ,training with respect to the enforcement of intellectual property rights4 ,sec4 #cji4 ,international cooperation and information sharing4 ,sec4 #caj4 ,report on intellectual property rights enforcement4 ,sec4 #caa4 ,information for travelers regarding violations of intellectual property rights4 ,title ,,iv--,prevention of evasion of antidumping and countervailing duty orders ,sec4 #dja4 ,short title4 ,sec4 #djb4 ,definitions4 ,sec4 #djc4 ,application to ,canada and ,mexico4 ,subtitle ,a--,actions ,relating to ,enforcement of ,trade ,remedy ,laws ,sec4 #daa4 ,trade remedy law enforcement division4 ,sec4 #dab4 ,collection of information on evasion of trade remedy laws4 ,sec4 #dac4 ,access to information4 ,sec4 #dad4 ,cooperation with foreign countries on preventing evasion of trade remedy laws4 ,sec4 #dae4 ,trade negotiating objectives4 ,subtitle ,b--,investigation of ,evasion of ,trade ,remedy ,laws ,sec4 #dba4 ,procedures for investigation of evasion of antidumping and countervailing duty orders4 ,sec4 #dbb4 ,government ,accountability ,office report4 ,subtitle ,c--,other ,matters ,sec4 #dca4 ,allocation and training of personnel4 ,sec4 #dcb4 ,annual report on prevention of evasion of antidumping and countervailing duty orders4 ,sec4 #dcc4 ,addressing circumvention by new shippers4 ,title ,v--,improvements to antidumping and countervailing duty laws ,sec4 #eja4 ,short title4 ,sec4 #ejb4 ,consequences of failure to cooperate with a request for information in a proceeding4 ,sec4 #ejc4 ,definition of material injury4 ,sec4 #ejd4 ,particular market situation4 ,sec4 #eje4 ,distortion of prices or costs4 ,sec4 #ejf4 ,reduction in burden on ,department of ,commerce by reducing the number of voluntary respondents4 ,sec4 #ejg4 ,application to ,canada and ,mexico4 ,title ,,vi--,additional enforcement provisions ,sec4 #fja4 ,trade enforcement priorities4 ,sec4 #fjb4 ,exercise of ,,wto authorization to suspend concessions or other obligations under trade agreements4 ,sec4 #fjc4 ,trade monitoring4 ,title ,,vii--,currency manipulation ,sec4 #gja4 ,enhancement of engagement on currency exchange rate and economic policies with certain major trading partners of the ,united ,states4 ,sec4 #gjb4 ,advisory committee on international exchange rate policy4 ,title ,,viii--,establishment of ,u4,s4 ,customs and ,border ,protection ,sec4 #hja4 ,short title4 ,sec4 #hjb4 ,establishment of ,u4,s4 ,customs and ,border ,protection4 ,title ,,ix--,miscellaneous provisions ,sec4 #ija4 ,de minimis value4 ,sec4 #ijb4 ,consultation on trade and customs revenue functions4 ,sec4 #ijc4 ,penalties for customs brokers4 ,sec4 #ijd4 ,amendments to chapter #ih of the ,harmonized ,tariff ,schedule of the ,united ,states4 ,sec4 #ije4 ,exemption from duty of residue of bulk cargo contained in instruments of international traffic previously exported from the ,united ,states4 ,sec4 #ijf4 ,drawback and refunds4 ,sec4 #ijg4 ,office of the ,united ,states ,trade ,representative4 ,sec4 #ijh4 ,united ,states-,israel ,trade and ,commercial ,enhancement4 ,sec4 #iji4 ,elimination of consumptive demand exception to prohibition on importation of goods made with convict labor1 forced labor1 or indentured labor2 report4 ,sec4 #iaj4 ,customs user fees4 ,sec4 #iaa4 ,report on certain ,u4,s4 ,customs and ,border ,protection agreements4 ,sec4 #iab4 ,amendments to ,bipartisan ,congressional ,trade ,priorities and ,accountability ,act of #bjae4 ,sec4 #iac4 ,certain interest to be included in distributions under ,continued ,dumping and ,subsidy ,offset ,act of #bjjj4 ,sec4 #iad4 ,report on competitiveness of ,u4,s4 recreational performance outerwear industry4 ,sec4 #iae4 ,increase in penalty for failure to file return of tax4 #b4 ,definitions ,in this ,act3 7#a7 ,automated ,commercial ,environment ,the term ,automated ,commercial ,environment means the ,automated ,commercial ,environment computer system authorized under section #acjca7;f77#d7 of the ,consolidated ,omnibus ,budget ,reconciliation ,act of #aihe 7#ai ,u4,s4,c4 #eh;c7f77#d774 7#b7 ,commissioner ,the term ,commissioner means the ,commissioner of ,u4,s4 ,customs and ,border ,protection1 as described in section #daa7;b7 of the ,homeland ,security ,act of #bjjb1 as added by section #hjb7;a7 of this ,act4 7#c7 ,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 seq474 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 ,u4,s4 ,customs and ,border ,protection 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 ,u4,s4 ,customs and ,border ,protection or ,u4,s4 ,immigration and ,customs ,enforcement4 7#d7 ,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 affected by the implementation of the customs and trade laws of the ,united ,states4 7#e7 ,trade enforcement ,the term trade enforcement means the enforcement of the customs and trade laws of the ,united ,states4 7#f7 ,trade facilitation ,the term trade facilitation refers to policies and activities of ,u4,s4 ,customs and ,border ,protection with respect to facilitating the movement of merchandise into and out of the ,united ,states in a manner that complies with the customs and trade laws of the ,united ,states4 ,i ,trade ,facilitation and ,trade ,enforcement #aja4 ,improving partnership programs 7a7 ,in general ,in order to advance the security1 trade enforcement1 and trade facilitation missions of ,u4,s4 ,customs and ,border ,protection1 the ,commissioner shall ensure that partnership programs of ,u4,s4 ,customs and ,border ,protection 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 ,u4,s4 ,customs and ,border ,protection established on or 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 benefits1 including providing pre-clearance of merchandise for qualified persons that demonstrate the highest levels of compliance with the customs and trade laws of the ,united ,states1 regulations of ,u4,s4 ,customs and ,border ,protection1 and other requirements the ,commissioner determines to be necessary2 7#b7 ensure an integrated and transparent system of trade benefits and compliance requirements for all partnership programs of ,u4,s4 ,customs and ,border ,protection2 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 ,u4,s4 ,customs and ,border ,protection2 7#d7 coordinate with the ,director of ,u4,s4 ,immigration and ,customs ,enforcement1 and 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 ,environment1 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 ,u4,s4 ,customs and ,border ,protection2 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,d7 to create pathways1 within and among the appropriate ,federal agencies1 for qualified persons that demonstrate the highest levels of compliance with the customs and trade laws of the ,united ,states to receive immediate clearance absent information that a transaction may pose a national security or compliance threat2 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 not later than ,december #ca of each calendar year thereafter1 the ,commissioner shall submit to the appropriate congressional committees a report that-- 7#a7 identifies each partnership program referred to in subsection 7a72 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 enforcement1 and trade facilitation missions of ,u4,s4 ,customs and ,border ,protection1 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 ,u4,s4 ,customs and ,border ,protection to work with other ,federal agencies with authority to detain and release merchandise entering the ,united ,states to ensure that partnership programs of those agencies are compatible with partnership programs of ,u4,s4 ,customs and ,border ,protection2 7#f7 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#g7 summarizes the efforts of ,u4,s4 ,customs and ,border ,protection to work with private sector entities and the public to develop and improve partnership programs referred to in subsection 7a72 7#h7 describes measures taken by ,u4,s4 ,customs and ,border ,protection to make private sector entities aware of the trade benefits available to participants in such programs2 and 7#i7 summarizes the plans1 targets1 and goals of ,u4,s4 ,customs and ,border ,protection with respect to such programs for the #b years following the submission of the report4 #ajb4 ,report on effectiveness of trade enforcement activities 7a7 ,in general ,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 appropriate congressional committees a report on the effectiveness of trade enforcement activities of ,u4,s4 ,customs and ,border ,protection4 7b7 ,contents ,the report required by subsection 7a7 shall include-- 7#a7 a description of the use of resources1 results of audits and verifications1 targeting1 organization1 and training of personnel of ,u4,s4 ,customs and ,border ,protection2 and 7#b7 a description of trade enforcement activities to address undervaluation1 transshipment1 legitimacy of entities making entry1 protection of revenues1 fraud prevention and detection1 and penalties1 including intentional misclassification1 inadequate bonding1 and other misrepresentations4 #ajc4 ,priorities and performance standards for customs modernization1 trade facilitation1 and trade enforcement functions and programs 7a7 ,priorities and performance standards 7#a7 ,in general ,the ,commissioner1 in consultation with the appropriate congressional committees1 shall establish priorities and performance standards to measure the development and levels of achievement of the customs modernization1 trade facilitation1 and trade enforcement functions and programs described in subsection 7b74 7#b7 ,minimum priorities and standards ,such priorities and performance standards shall1 at a minimum1 include priorities and standards relating to efficiency1 outcome1 output1 and other types of applicable measures4 7b7 ,functions and programs described ,the functions and programs referred to in subsection 7a7 are the following3 7#a7 ,the ,automated ,commercial ,environment4 7#b7 ,each of the priority trade issues described in section #aah4 7#c7 ,the ,centers of ,excellence and ,expertise described in section #aaj4 7#d7 ,drawback for exported merchandise under section #cac of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #acac71 as amended by section #ijf of this ,act4 7#e7 ,transactions relating to imported merchandise in bond4 7#f7 ,collection of countervailing duties assessed under subtitle ,a of title ,,vii of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #afga et seq47 and antidumping duties assessed under subtitle ,b of title ,,vii of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #afgc et seq474 7#g7 ,the expedited clearance of cargo4 7#h7 ,the issuance of regulations and rulings4 7#i7 ,the issuance of ,regulatory ,audit ,reports4 7c7 ,consultations and notification 7#a7 ,consultations ,the consultations required by subsection 7a77#a7 shall occur1 at a minimum1 on an annual basis4 7#b7 ,notification ,the ,commissioner shall notify the appropriate congressional committees of any changes to the priorities referred to in subsection 7a7 not later than #cj days before such changes are to take effect4 #ajd4 ,educational seminars to improve efforts to classify and appraise imported articles1 to improve trade enforcement efforts1 and to otherwise facilitate legitimate international trade 7a7 ,in general 7#a7 ,establishment ,the ,commissioner and the ,director shall establish and carry out on a fiscal year basis educational seminars to-- 7,a7 improve the ability of ,u4,s4 ,customs and ,border ,protection personnel to classify and appraise articles imported into the ,united ,states in accordance with the customs and trade laws of the ,united ,states2 7,b7 improve the trade enforcement efforts of ,u4,s4 ,customs and ,border ,protection personnel and ,u4,s4 ,immigration and ,customs ,enforcement personnel2 and 7,c7 otherwise improve the ability and effectiveness of ,u4,s4 ,customs and ,border ,protection personnel and ,u4,s4 ,immigration and ,customs ,enforcement personnel to facilitate legitimate international trade4 7b7 ,content 7#a7 ,classifying and appraising imported articles ,in carrying out subsection 7a77#a77;,a71 the ,commissioner1 the ,director1 and interested parties in the private sector selected under subsection 7c7 shall provide instruction and related instructional materials at each educational seminar under this section to ,u4,s4 ,customs and ,border ,protection personnel and1 as appropriate1 to ,u4,s4 ,immigration and ,customs ,enforcement personnel on the following3 7,a7 ,conducting a physical inspection of an article imported into the ,united ,states1 including testing of samples of the article1 to determine if the article is mislabeled in the manifest or other accompanying documentation4 7,b7 ,reviewing the manifest and other accompanying documentation of an article imported into the ,united ,states to determine if the country of origin of the article listed in the manifest or other accompanying documentation is accurate4 7,c7 ,customs valuation4 7,d7 ,industry supply chains and other related matters as determined to be appropriate by the ,commissioner4 7#b7 ,trade enforcement efforts ,in carrying out subsection 7a77#a77;,b71 the ,commissioner1 the ,director1 and interested parties in the private sector selected under subsection 7c7 shall provide instruction and related instructional materials at each educational seminar under this section to ,u4,s4 ,customs and ,border ,protection personnel and1 as appropriate1 to ,u4,s4 ,immigration and ,customs ,enforcement personnel to identify opportunities to enhance enforcement of the following3 7,a7 ,collection of countervailing duties assessed under subtitle ,a of title ,,vii of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #afga et seq47 and antidumping duties assessed under subtitle ,b of title ,,vii of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #afgc et seq474 7,b7 ,addressing evasion of duties on imports of textiles4 7,c7 ,protection of intellectual property rights4 7,d7 ,enforcement of child labor laws4 7#c7 ,approval of ,commissioner and ,director ,the instruction and related instructional materials at each educational seminar under this section shall be subject to the approval of the ,commissioner and the ,director4 7c7 ,selection process 7#a7 ,in general ,the ,commissioner shall establish a process to solicit1 evaluate1 and select interested parties in the private sector for purposes of assisting in providing instruction and related instructional materials described in subsection 7b7 at each educational seminar under this section4 7#b7 ,criteria ,the ,commissioner shall evaluate and select interested parties in the private sector under the process established under paragraph 7#a7 based on-- 7,a7 availability and usefulness2 7,b7 the volume1 value1 and incidence of mislabeling or misidentification of origin of imported articles2 and 7,c7 other appropriate criteria established by the ,commissioner4 7#c7 ,public availability ,the ,commissioner and the ,director shall publish in the ,federal ,register a detailed description of the process established under paragraph 7#a7 and the criteria established under paragraph 7#b74 7d7 ,special rule for antidumping and countervailing duty orders 7#a7 ,in general ,the ,commissioner shall give due consideration to carrying out an educational seminar under this section in whole or in part to improve the ability of ,u4,s4 ,customs and ,border ,protection personnel to enforce a countervailing or antidumping duty order issued under section #gjf or #gcf of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #afga;e or #afgc;e7 upon the request of a petitioner in an action underlying such countervailing or antidumping duty order4 7#b7 ,interested party ,a petitioner described in paragraph 7#a7 shall be treated as an interested party in the private sector for purposes of the requirements of this section4 7e7 ,performance standards ,the ,commissioner and the ,director shall establish performance standards to measure the development and level of achievement of educational seminars under this section4 7f7 ,reporting ,beginning ,september #cj1 #bjaf1 the ,commissioner and the ,director shall submit to the appropriate congressional committees an annual report on the effectiveness of educational seminars under this section4 7g7 ,definitions ,in this section3 7#a7 ,director ,the term ,director means the ,director of ,u4,s4 ,immigration and ,customs ,enforcement4 7#b7 ,united ,states ,the term ,united ,states means the customs territory of the ,united ,states1 as defined in ,general ,note #b to the ,harmonized ,tariff ,schedule of the ,united ,states4 7#c7 ,u4,s4 ,customs and ,border ,protection personnel ,the term ,u4,s4 ,customs and ,border ,protection personnel means import specialists1 auditors1 and other appropriate employees of the ,u4,s4 ,customs and ,border ,protection4 7#d7 ,u4,s4 ,immigration and ,customs ,enforcement personnel ,the term ,u4,s4 ,immigration and ,customs ,enforcement personnel means ,homeland ,security ,investigations ,directorate personnel and other appropriate employees of ,u4,s4 ,immigration and ,customs ,enforcement4 #aje4 ,joint strategic plan 7a7 ,in general ,not later than one year after the date of the enactment of this ,act1 and every #b years thereafter1 the ,commissioner and the ,director of ,u4,s4 ,immigration and ,customs ,enforcement shall jointly develop and submit to the appropriate congressional committees a joint strategic plan4 7b7 ,contents ,the joint strategic plan required under this section shall be comprised of a comprehensive multi-year plan for trade enforcement and trade facilitation1 and shall include-- 7#a7 a summary of actions taken during the #b-year period preceding the submission of the plan to improve trade enforcement and trade facilitation1 including a description and analysis of specific performance measures to evaluate the progress of ,u4,s4 ,customs and ,border ,protection and ,u4,s4 ,immigration and ,customs ,enforcement in meeting each such responsibility2 7#b7 a statement of objectives and plans for further improving trade enforcement and trade facilitation2 7#c7 a specific identification of the priority trade issues described in section #aah1 that can be addressed in order to enhance trade enforcement and trade facilitation1 and a description of strategies and plans for addressing each such issue2 7#d7 a description of efforts made to improve consultation and coordination among and within ,federal agencies1 and in particular between ,u4,s4 ,customs and ,border ,protection and ,u4,s4 ,immigration and ,customs ,enforcement1 regarding trade enforcement and trade facilitation2 7#e7 a description of the training that has occurred to date within ,u4,s4 ,customs and ,border ,protection and ,u4,s4 ,immigration and ,customs ,enforcement to improve trade enforcement and trade facilitation1 including training under section #ajd2 7#f7 a description of efforts to work with the ,world ,customs ,organization and other international organizations1 in consultation with other ,federal agencies as appropriate1 with respect to enhancing trade enforcement and trade facilitation2 7#g7 a description of ,u4,s4 ,custom and ,border ,protection organizational benchmarks for optimizing staffing and wait times at ports of entry2 7#h7 a specific identification of any domestic or international best practices that may further improve trade enforcement and trade facilitation2 7#i7 any legislative recommendations to further improve trade enforcement and trade facilitation2 and 7#aj7 a description of efforts made to improve consultation and coordination with the private sector to enhance trade enforcement and trade facilitation4 7c7 ,consultations 7#a7 ,in general ,in developing the joint strategic plan required under this section1 the ,commissioner and the ,director of ,u4,s4 ,immigration and ,customs ,enforcement shall consult with-- 7,a7 appropriate officials from the relevant ,federal agencies1 including-- 7i7 the ,department of the ,treasury2 7ii7 the ,department of ,agriculture2 7iii7 the ,department of ,commerce2 7iv7 the ,department of ,justice2 7v7 the ,department of the ,interior2 7vi7 the ,department of ,health and ,human ,services2 7vii7 the ,food and ,drug ,administration2 7viii7 the ,consumer ,product ,safety ,commission2 and 7ix7 the ,office of the ,united ,states ,trade ,representative2 and 7,b7 the ,commercial ,customs ,operations ,advisory ,committee established by section #aji4 7#b7 ,other consultations ,in developing the joint strategic plan required under this section1 the ,commissioner and the ,director shall seek to consult with-- 7,a7 appropriate officials from relevant foreign law enforcement agencies and international organizations1 including the ,world ,customs ,organization2 and 7,b7 interested parties in the private sector4 #ajf4 ,automated ,commercial ,environment 7a7 ,funding ,section #acjca7;f77#d77;,b7 of the ,consolidated ,omnibus ,budget ,reconciliation ,act of #aihe 7#ai ,u4,s4,c4 #eh;c7f77#d77;,b77 is amended-- 7#a7 by striking #bjjc through #bjje and inserting #bjaf through #bjah2 7#b7 by striking such amounts as are available in that ,account and inserting not less than #aec1gcf1jjj2 and 7#c7 by striking for the development and inserting to complete the development and implementation4 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 #bjaf1 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 detailing-- 7i7 ,u4,s4 ,customs and ,border ,protection's incorporation of all core trade processing capabilities1 including cargo release1 entry summary1 cargo manifest1 cargo financial data1 and export data elements into the ,automated ,commercial ,environment computer system authorized under section #acjca7;f77#d7 of the ,consolidated ,omnibus ,budget and ,reconciliation ,act of #aihe 7#ai ,u4,s4,c4 #eh;c7f77#d77 not later than ,september #cj1 #bjaf1 to conform with the admissibility criteria of agencies participating in the ,international ,trade ,data ,system identified pursuant to section #daa7;d77#d77;,a77iii7 of the ,tariff ,act of #aicj2 7ii7 ,u4,s4 ,customs and ,border ,protection's remaining priorities for processing entry summary data elements1 cargo manifest data elements1 cargo financial data elements1 and export elements in the ,automated ,commercial ,environment computer system1 and the objectives and plans for implementing these remaining priorities2 7iii7 the components of the ,national ,customs ,automation ,program specified in subsection 7a77#b7 of section #daa of the ,tariff ,act of #aicj that have not been implemented2 and 7iv7 any additional components 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 ,september #cj1 #bjag1 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,a71 and-- 7i7 evaluating the effectiveness of the implementation of the ,automated ,commercial ,environment computer system2 and 7ii7 detailing the percentage of trade processed in the ,automated ,commercial ,environment every month since ,september #cj1 #bjaf4 4 7c7 ,government accountability office report ,not later than ,december #ca1 #bjag1 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 assessing the progress of other ,federal agencies in accessing and utilizing the ,automated ,commercial ,environment2 and 7#b7 assessing the potential cost savings to the ,united ,states ,government and importers and exporters and the potential benefits to enforcement of the customs and trade laws of the ,united ,states if the elements identified in clauses 7i7 through 7iv7 of section #caa7;b77#c77;,a7 of the ,customs ,border ,security ,act of #bjjb1 as amended by subsection 7b7 of this section1 are implemented4 #ajg4 ,international ,trade ,data ,system ,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 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 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 ,u4,s4 ,customs and ,border ,protection necessary for the operation and maintenance of the ,,itds2 7iii7 not later than ,june #cj1 #bjaf1 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 ,u4,s4 ,customs and ,border ,protection for incorporation into the operational functionality of the ,automated ,commercial ,environment computer system authorized under section #acjca7;f77#d7 of the ,consolidated ,omnibus ,budget and ,reconciliation ,act of #aihe 7#ai ,u4,s4,c4 #eh;c7f77#d772 and 7iv7 not later than ,december #ca1 #bjaf1 utilizes the ,,itds as the primary means of receiving from users the standard set of data and other relevant documentation1 exclusive of applications for permits1 licenses1 or certifications required for the release of imported cargo and clearance of cargo for export4 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 2 and 7#c7 in paragraph 7#h71 as redesignated1 by striking section #iejc7;c7 of the ,omnibus ,budget ,reconciliation ,act of #aihg 7#ai ,u4,s4,c4 #bjga note7 and inserting section #aji of the ,trade ,facilitation and ,trade ,enforcement ,act of #bjae4 #ajh4 ,consultations with respect to mutual recognition arrangements 7a7 ,consultations ,the ,secretary of ,homeland ,security1 with respect to any proposed mutual recognition arrangement or similar agreement between the ,united ,states and a foreign government providing for mutual recognition of supply chain security programs and customs revenue functions1 shall consult-- 7#a7 not later than #cj days before initiating negotiations to enter into any such arrangement or similar agreement1 with the appropriate congressional committees2 and 7#b7 not later than #cj days before entering into any such arrangement or similar agreement1 with the appropriate congressional committees4 7b7 ,negotiating objective ,it shall be a negotiating objective of the ,united ,states in any negotiation for a mutual recognition arrangement 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 ,u4,s4 ,customs and ,border ,protection to enhance security1 trade facilitation1 and trade enforcement4 #aji4 ,commercial ,customs ,operations ,advisory ,committee 7a7 ,establishment ,not later than the date that is #fj days after the date of the enactment of this ,act1 the ,secretary of the ,treasury and the ,secretary of ,homeland ,security shall jointly establish a ,commercial ,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 ,assistant ,secretary for ,tax ,policy of the ,department of the ,treasury and the ,commissioner1 who shall jointly co-chair meetings of the ,advisory ,committee2 and 7,c7 the ,assistant ,secretary for ,policy and the ,director of ,u4,s4 ,immigration and ,customs ,enforcement of the ,department of ,homeland ,security1 who shall serve as deputy co-chairs of meetings of the ,advisory ,committee4 7#b7 ,appointment 7,a7 ,in general ,the ,secretary of the ,treasury and the ,secretary of ,homeland ,security shall jointly appoint #bj individuals from the private sector to the ,advisory ,committee4 7,b7 ,requirements ,in making appointments under subparagraph 7,a71 the ,secretary of the ,treasury and the ,secretary of ,homeland ,security shall appoint members-- 7i7 to ensure that the membership of the ,advisory ,committee is representative of the individuals and firms affected by the commercial operations of ,u4,s4 ,customs and ,border ,protection2 and 7ii7 without regard to political affiliation4 7,c7 ,terms ,each individual appointed to the ,advisory ,committee under this paragraph shall be appointed for a term of not more than #c years1 and may be reappointed to subsequent terms1 but may not serve more than #b terms sequentially4 7#c7 ,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 ,u4,s4 ,customs and ,border ,protection1 including advising with respect to significant changes that are proposed with respect to regulations1 policies1 or practices of ,u4,s4 ,customs and ,border ,protection2 7#b7 provide recommendations to the ,secretary of the ,treasury and the ,secretary of ,homeland ,security on improvements to the commercial operations of ,u4,s4 ,customs and ,border ,protection2 7#c7 collaborate in developing the agenda for ,advisory ,committee meetings2 and 7#d7 perform such other functions relating to the commercial operations of ,u4,s4 ,customs and ,border ,protection 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 ,security1 or at the call of not less than #b_/c of the membership of the ,advisory ,committee4 ,the ,advisory ,committee shall meet at least #d times each calendar year4 7#b7 ,open meetings ,notwithstanding section #aj7;a7 of the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app471 the ,advisory ,committee meetings shall be open to the public unless the ,secretary of the ,treasury or the ,secretary of ,homeland ,security determines that the meeting will include matters the disclosure of which would compromise the development of policies1 priorities1 or negotiating objectives or positions that could impact the commercial operations of ,u4,s4 ,customs and ,border ,protection or the operations or investigations of ,u4,s4 ,immigration and ,customs ,enforcement4 7e7 ,annual report ,not later than ,december #ca1 #bjaf1 and annually thereafter1 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 ,u4,s4 ,customs and ,border ,protection4 7f7 ,termination ,section #ad7;a77#b7 of the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app42 relating to the termination of advisory committees7 shall not apply to the ,advisory ,committee4 7g7 ,conforming amendment 7#a7 ,in general ,effective on the date on which the ,advisory ,committee is established under subsection 7a71 section #iejc7;c7 of the ,omnibus ,budget ,reconciliation ,act of #aihg 7#ai ,u4,s4,c4 #bjga note7 is repealed4 7#b7 ,reference ,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 made on or after the date on which the ,advisory ,committee is established under subsection 7a71 shall be deemed a reference to the ,commercial ,customs ,operations ,advisory ,committee established under subsection 7a74 #aaj4 ,centers of ,excellence and ,expertise 7a7 ,in general ,the ,commissioner shall1 in consultation with the appropriate congressional committees and the ,commercial ,customs ,operations ,advisory ,committee established by section #aji1 develop and implement ,centers of ,excellence and ,expertise throughout ,u4,s4 ,customs and ,border ,protection that-- 7#a7 enhance the economic competitiveness of the ,united ,states by consistently enforcing the laws and regulations of the ,united ,states at all ports of entry of the ,united ,states and by facilitating the flow of legitimate trade through increasing industry-based knowledge2 7#b7 improve enforcement efforts1 including enforcement of priority trade issues described in section #aah1 in specific industry sectors through the application of targeting information from the ,national ,targeting ,center under section #aaa and from other means of verification2 7#c7 build upon the expertise of ,u4,s4 ,customs and ,border ,protection in particular industry operations1 supply chains1 and compliance requirements2 7#d7 promote the uniform implementation at each port of entry of the ,united ,states of policies and regulations relating to imports2 7#e7 centralize the trade enforcement and trade facilitation efforts of ,u4,s4 ,customs and ,border ,protection2 7#f7 formalize an account-based approach to apply1 as the ,commissioner determines appropriate1 to the importation of merchandise into the ,united ,states2 7#g7 foster partnerships though the expansion of trade programs and other trusted partner programs2 7#h7 develop applicable performance measurements to meet internal efficiency and effectiveness goals2 and 7#i7 whenever feasible1 facilitate a more efficient flow of information between ,federal agencies4 7b7 ,report ,not later than ,december #ca1 #bjaf1 the ,commissioner shall submit to the appropriate congressional committees a report describing-- 7#a7 the scope1 functions1 and structure of each ,center of ,excellence and ,expertise developed and implemented under subsection 7a72 7#b7 the effectiveness of each such ,center of ,excellence and ,expertise in improving enforcement efforts1 including enforcement of priority trade issues described in section #aah1 and facilitating legitimate trade2 7#c7 the quantitative and qualitative benefits of each such ,center of ,excellence and ,expertise to the trade community1 including through fostering partnerships through the expansion of trade programs such as the ,importer ,self ,assessment program and other trusted partner programs2 7#d7 all applicable performance measurements with respect to each such ,center of ,excellence and ,expertise1 including performance measures with respect to meeting internal efficiency and effectiveness goals2 7#e7 the performance of each such ,center of ,excellence and ,expertise in increasing the accuracy and completeness of data with respect to international trade and facilitating a more efficient flow of information between ,federal agencies2 and 7#f7 any planned changes in the number1 scope1 functions or any other aspect of the ,centers of ,excellence and ,expertise developed and implemented under subsection 7a74 #aaa4 ,commercial risk assessment targeting and trade alerts 7a7 ,commercial risk assessment targeting ,in carrying out its duties under section #daa7;g77#d7 of the ,homeland ,security ,act of #bjjb1 as added by section #hjb7;a7 of this ,act1 the ,national ,targeting ,center shall-- 7#a7 establish targeted risk assessment methodologies and standards-- 7,a7 for evaluating the risk that cargo destined for the ,united ,states may violate the customs and trade laws of the ,united ,states1 particularly those laws applicable to merchandise subject to the priority trade issues described in section #aah2 and 7,b7 for issuing1 as appropriate1 ,trade ,alerts described in subsection 7b72 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 the case management system of ,u4,s4 ,immigration and ,customs ,enforcement1 and any successor systems2 and 7,c7 information made available to the ,national ,targeting ,center1 including information provided by private sector entities2 and 7#c7 provide for the receipt and transmission to the appropriate ,u4,s4 ,customs and ,border ,protection offices of allegations from interested parties in the private sector of violations of customs and trade laws of the ,united ,states of merchandise relating to the priority trade issues described in section #aah4 7b7 ,trade alerts 7#a7 ,issuance ,in carrying out its duties under section #daa7;g77#d7 of the ,homeland ,security ,act of #bjjb1 as added by section #hjb7;a7 of this ,act1 and based upon the application of the targeted risk assessment methodologies and standards established under subsection 7a71 the ,executive ,director of the ,national ,targeting ,center may issue ,trade ,alerts to directors of ,united ,states ports of entry directing further inspection1 or physical examination or testing1 of specific merchandise to ensure compliance with all applicable customs and trade laws and regulations administered by ,u4,s4 ,customs and ,border ,protection4 7#b7 ,determinations not to implement trade alerts ,the director of a ,united ,states port of entry may determine not to conduct further inspections1 or physical examination or testing1 pursuant to a ,trade ,alert issued under paragraph 7#a7 if-- 7,a7 the director finds that such a determination is justified by port security interests2 and 7,b7 not later than #dh hours after making the determination1 notifies the ,assistant ,commissioner of the ,office of ,field ,operations of ,u4,s4 ,customs and ,border ,protection of the determination and the reasons for the determination4 7#c7 ,summary of determinations not to implement ,the ,assistant ,commissioner of the ,office of ,field ,operations of ,u4,s4 ,customs and ,border ,protection shall-- 7,a7 compile an annual public summary of all determinations by directors of ,united ,states ports of entry 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 not later than ,december #ca of each year1 submit the summary to the appropriate congressional committees4 7#d7 ,inspection defined ,in this subsection1 the term inspection means the comprehensive evaluation process used by ,u4,s4 ,customs and ,border ,protection1 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 all applicable customs and trade laws and regulations administered by ,u4,s4 ,customs and ,border ,protection4 7c7 ,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 exclusively for ensuring cargo safety and security1 preventing smuggling1 and commercial risk assessment targeting1 and shall not be used for any commercial enforcement purposes1 including for determining merchandise entry4 ,notwithstanding the preceding sentence1 nothing in this section shall be treated as amending1 repealing1 or otherwise modifying title ,,iv of the ,tariff ,act of #aicj or regulations promulgated thereunder4 4 #aab4 ,report on oversight of revenue protection and enforcement measures 7a7 ,in general ,not later the ,march #ca1 #bjaf1 and not later than ,march #ca of each second year thereafter1 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 assessing1 with respect to the period covered by the report1 as specified in subsection 7b71 the following3 7#a7 ,the effectiveness of the measures taken by ,u4,s4 ,customs and ,border ,protection with respect to protection of revenue1 including-- 7,a7 the collection of countervailing duties assessed under subtitle ,a of title ,,vii of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #afga et seq47 and antidumping duties assessed under subtitle ,b of title ,,vii of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #afgc et seq472 7,b7 the assessment1 collection1 and mitigation of commercial fines and penalties2 7,c7 the use of bonds1 including continuous and single transaction bonds1 to secure that revenue2 and 7,d7 the adequacy of the policies of ,u4,s4 ,customs and ,border ,protection with respect to the monitoring and tracking of merchandise transported in bond and collecting duties1 as appropriate4 7#b7 ,the effectiveness of actions taken by ,u4,s4 ,customs and ,border ,protection to measure accountability and performance with respect to protection of revenue4 7#c7 ,the number and outcome of investigations instituted by ,u4,s4 ,customs and ,border ,protection with respect to the underpayment of duties4 7#d7 ,the effectiveness of training with respect to the collection of duties provided for personnel of ,u4,s4 ,customs and ,border ,protection4 7b7 ,period covered by report ,each report required by subsection 7a7 shall cover the period of #b fiscal years ending on ,september #cj of the calendar year preceding the submission of the report4 #aac4 ,report on security and revenue measures with respect to merchandise transported in bond 7a7 ,in general ,not later than ,december #ca of #bjaf1 #bjag1 and #bjah1 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 ,u4,s4 ,customs and ,border ,protection to ensure the secure transportation of merchandise in bond through the ,united ,states and the collection of revenue owed upon the entry of such merchandise into the ,united ,states for consumption4 7b7 ,elements ,each report required by subsection 7a7 shall include1 for the fiscal year preceding the submission of the report1 information 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 re-exported2 7#d7 the average time taken to transport merchandise in bond from the port at which the merchandise arrives in the ,united ,states to its final destination in the ,united ,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 changed2 and 7#g7 the number of entries that remain unreconciled4 #aad4 ,importer of record program 7a7 ,establishment ,not later than the date that is #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 shall ensure that1 as part of the importer of record program1 ,u4,s4 ,customs and ,border ,protection-- 7#a7 develops criteria that importers must meet in order to obtain an importer of record number1 including-- 7,a7 criteria to ensure sufficient information is collected to allow ,u4,s4 ,customs and ,border ,protection to verify the existence of the importer requesting the importer of record number2 7,b7 criteria to ensure sufficient information is collected to allow ,u4,s4 ,customs and ,border ,protection to identify linkages or other affiliations between importers that are requesting or have been assigned importer of record numbers2 and 7,c7 criteria to ensure sufficient information is collected to allow ,u4,s4 ,customs and ,border ,protection to identify changes in address and corporate structure of importers2 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 importer1 and the information described in subparagraphs 7,a71 7,b71 and 7,c7 of paragraph 7#a72 7#d7 evaluates and maintains the accuracy of the database if such information changes2 and 7#e7 takes measures to ensure that duplicate importer of record numbers are not issued4 7c7 ,report ,not later than one year after the date of the enactment of this ,act1 the ,secretary shall submit to the ,committee on ,finance of the ,senate and the ,committee on ,ways and ,means of the ,house of ,representatives a report on the importer of record program established under subsection 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 regulation7 that fully supports the requirements of subsection 7b7 with respect to the collection and maintenance of information4 #aae4 ,establishment of new importer program 7a7 ,in general ,not later than the date that is #ahj days after the date of the enactment of this ,act1 the ,commissioner shall establish a new importer program that directs ,u4,s4 ,customs and ,border ,protection to adjust bond amounts for new importers based on the level of risk assessed by ,u4,s4 ,customs and ,border ,protection for protection of revenue of the ,federal ,government4 7b7 ,requirements ,the ,commissioner shall ensure that1 as part of the new importer program established under subsection 7a71 ,u4,s4 ,customs and ,border ,protection-- 7#a7 develops risk-based criteria for determining which importers are considered to be new importers for the purposes of this subsection2 7#b7 develops risk assessment guidelines for new importers to determine if and to what extent-- 7,a7 to adjust bond amounts of imported products of new importers2 and 7,b7 to increase screening of imported products of new importers2 7#c7 develops procedures to ensure increased oversight of imported products of new importers relating to the enforcement of the priority trade issues described in section #aah2 7#d7 develops procedures to ensure increased oversight of imported products of new importers by ,centers of ,excellence and ,expertise established under section #aaj2 and 7#e7 establishes a centralized database of new importers to ensure accuracy of information that is required to be provided by new importers to ,u4,s4 ,customs and ,border ,protection4 #aaf4 ,customs broker identification of importers 7a7 ,in general ,section #fda of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #afda7 is amended by adding at the end the following3 7i7 ,identification of importers 7#a7 ,in general ,the ,secretary shall prescribe regulations setting forth the minimum standards for customs brokers and importers1 including nonresident importers1 regarding the identity of the importer that shall apply in connection with the importation of merchandise into the ,united ,states4 7#b7 ,minimum requirements ,the regulations shall1 at a minimum1 require customs brokers to implement1 and importers 7after being given adequate notice7 to comply with1 reasonable procedures for-- 7,a7 collecting the identity of importers1 including nonresident importers1 seeking to import merchandise into the ,united ,states to the extent reasonable and practicable2 and 7,b7 maintaining records of the information used to substantiate a person's identity1 including name1 address1 and other identifying information4 7#c7 ,penalties ,any customs broker who fails to collect information required under the regulations prescribed under this subsection shall be liable to the ,united ,states1 at the discretion of the ,secretary1 for a monetary penalty not to exceed #aj1jjj for each violation of those regulations and subject to revocation or suspension of a license or permit of the customs broker pursuant to the procedures set forth in subsection 7d74 7#d7 ,definitions ,in this subsection-- 7,a7 the term importer means one of the parties qualifying as an importer of record under section #dhd7;a77#b77;,b72 and 7,b7 the term nonresident importer means an importer who is-- 7i7 an individual who is not a citizen of the ,united ,states or an alien lawfully admitted for permanent residence in the ,united ,states2 or 7ii7 a partnership1 corporation1 or other commercial entity that is not organized under the laws of a jurisdiction within the customs territory of the ,united ,states 7as such term is defined in ,general ,note #b of the ,harmonized ,tariff ,schedule of the ,united ,states7 or in the ,virgin ,islands of the ,united ,states4 4 7b7 ,study and report required ,not later than #ahj days after the date of enactment of this ,act1 the ,commissioner shall submit to ,congress a report containing recommendations for-- 7#a7 determining the most timely and effective way to require foreign nationals to provide customs brokers with appropriate and accurate information1 comparable to that which is required of ,united ,states nationals1 concerning the identity1 address1 and other related information relating to such foreign nationals necessary to enable customs brokers to comply with the requirements of section #fda7;i7 of the ,tariff ,act of #aicj 7as added by subsection 7a7 of this section72 and 7#b7 establishing a system for customs brokers to review information maintained by relevant ,federal agencies for purposes of verifying the identities of importers1 including nonresident importers1 seeking to import merchandise into the ,united ,states4 #aag4 ,requirements applicable to non-resident importers 7a7 ,in general ,part ,,iii of title ,,iv of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #adha et seq47 is amended by inserting after section #dhd;b the following new section3 #dhd;c4 ,requirements applicable to non-resident importers 7a7 ,in general ,except as provided in subsection 7c71 if an importer of record under section #dhd is not a resident of the ,united ,states1 the ,commissioner of ,u4,s4 ,customs and ,border ,protection shall require the non-resident importer to designate a resident agent in the ,united ,states subject to the requirements described in subsection 7b74 7b7 ,requirements ,the requirements described in this subsection are the following3 7#a7 ,the resident agent shall be authorized to accept service of process against the non-resident importer in connection with the importation of merchandise4 7#b7 ,the ,commissioner of ,u4,s4 ,customs and ,border ,protection shall require the non-resident importer to establish a power of attorney with the resident agent in connection with the importation of merchandise4 7c7 ,non-applicability ,the requirements of this section shall not apply with respect to a non-resident importer who is a validated ,tier #b or ,tier #c participant in the ,customs-,trade ,partnership ,against ,terrorism program established under subtitle ,b of title ,,ii of the ,,safe ,port ,act 7#f ,u4,s4,c4 #ifa et seq474 7d7 ,penalties 7#a7 ,in general ,it shall be unlawful for any person to import into the ,united ,states any merchandise in violation of this section4 7#b7 ,civil penalties ,any person who violates paragraph 7#a7 shall be liable for a civil penalty of #ej1jjj for each such violation4 7#c7 ,other penalties ,in addition to the penalties specified in paragraph 7#b71 any violation of this section that violates any other customs and trade laws of the ,united ,states shall be subject to any applicable civil and criminal penalty1 including seizure and forfeiture1 that may be imposed under such customs or trade law or title #ah1 ,united ,states ,code1 with respect to the importation of merchandise4 7#d7 ,definition ,in this subsection1 the term customs and trade laws of the ,united ,states has the meaning given such term in section #b of the ,trade ,facilitation and ,trade ,enforcement ,act of #bjae4 4 7b7 ,effective date ,section #dhd;c of the ,tariff ,act of #aicj1 as added by subsection 7a71 takes effect on the date of the enactment of this ,act and applies with respect to the importation1 on or after the date that is #ahj days after such date of enactment1 of merchandise of an importer of record under section #dhd of the ,tariff ,act of #aicj who is not a resident of the ,united ,states4 #aah4 ,priority trade issues 7a7 ,in general ,the ,commissioner shall establish the following as priority trade issues3 7#a7 ,agriculture programs4 7#b7 ,antidumping and countervailing duties4 7#c7 ,import safety4 7#d7 ,intellectual property rights4 7#e7 ,revenue4 7#f7 ,textiles and wearing apparel4 7#g7 ,trade agreements and preference programs4 7b7 ,modification ,the ,commissioner is authorized to establish new priority trade issues and eliminate1 consolidate1 or otherwise modify the priority trade issues described in subsection 7a7 if the ,commissioner-- 7#a7 determines it necessary and appropriate to do so2 and 7#b7 submits to the appropriate congressional committees a summary of the proposed changes to the priority trade issues not later than #fj days before such changes are to take effect4 #aai4 ,appropriate congressional committees defined ,in this title1 the term appropriate congressional committees means-- 7#a7 the ,committee on ,finance and the ,committee on ,homeland ,security and ,government ,affairs of the ,senate2 and 7#b7 the ,committee on ,ways and ,means and the ,committee on ,homeland ,security of the ,house of ,representatives4 ,,ii ,import health and safety #bja4 ,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 #bjb2 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 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 #bjb4 ,joint import safety rapid response plan 7a7 ,in general ,not later than ,december #ca1 #bjaf1 the ,secretary of ,homeland ,security1 in consultation with the interagency ,import ,safety ,working ,group established under section #bja1 shall develop a plan 7to be known as the joint import safety rapid response plan7 that sets forth protocols and defines practices for ,u4,s4 ,customs and ,border ,protection 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 ,u4,s4 ,customs and ,border ,protection and other ,federal agencies in responding to an incident described in subsection 7a77#a72 7#b7 the protocols and practices to be used by ,u4,s4 ,customs and ,border ,protection when taking action in response to1 and coordinating ,federal responses to1 such an incident2 7#c7 the measures to be taken by ,u4,s4 ,customs and ,border ,protection and other ,federal agencies in recovering from or mitigating the effects of actions taken in response to such an incident after the incident to ensure the resumption of the entry of merchandise into the ,united ,states2 and 7#d7 exercises that ,u4,s4 ,customs and ,border ,protection 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 established under section #bja 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 #bjc4 ,training ,the ,commissioner shall ensure that personnel of ,u4,s4 ,customs and ,border ,protection assigned to ,united ,states ports of entry are trained to effectively administer the provisions of this title and to otherwise assist in ensuring the safety of merchandise imported into the ,united ,states and the expeditious entry of such merchandise4 ,,iii ,import-related protection of intellectual property rights #cja4 ,definition of intellectual property rights ,in this title1 the term intellectual property rights refers to copyrights1 trademarks1 and other forms of intellectual property rights that are enforced by ,u4,s4 ,customs and ,border ,protection or ,u4,s4 ,immigration and ,customs ,enforcement4 #cjb4 ,exchange of information related to trade enforcement 7a7 ,in general ,the ,tariff ,act of #aicj is amended by inserting after section #fbh 7#ai ,u4,s4,c4 #afbh7 the following new section3 #fbh;,a4 ,exchange of information related to trade enforcement 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 of this ,act or section #fjb1 #abja7;a77#b71 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 ,u4,s4 ,customs and ,border ,protection4 7d7 ,exception ,the ,commissioner 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 7b7 ,termination of previous authority ,notwithstanding paragraph 7#b7 of section #hah7;g7 of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjab 7,public ,law #aab-ha2 #abe ,stat4 #adif2 #aj ,u4,s4,c4 #bcjb note71 paragraph 7#a7 of that section shall have no force or effect on or after the date of the enactment of this ,act4 #cjc4 ,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 ,u4,s4 ,customs and ,border ,protection 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 ,notification of persons injured 7#a7 ,in general ,not later than the date that is #cj business 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 provide to any person identified under paragraph 7#b7 information regarding the merchandise seized that is equivalent to information provided to copyright owners under regulations of ,u4,s4 ,customs and ,border ,protection for merchandise seized for violation of the copyright laws4 7#b7 ,persons to be provided information ,any person injured by the violation of 7a77#b7 or 7b77#a7 of section #abja of title #ag1 ,united ,states ,code1 that resulted in the seizure of the merchandise shall be provided information under paragraph 7#a71 if that person is included on a list maintained by the ,commissioner that is revised annually through publication in the ,federal ,register4 7#c7 ,regulations ,not later than one year after the date of the enactment of this ,act1 the ,secretary of the ,treasury shall prescribe regulations establishing procedures that implement this subsection4 #cjd4 ,enforcement by ,u4,s4 ,customs and ,border ,protection of works for which copyright registration is pending ,not later than the date that is #ahj days after the date of the enactment of this ,act1 the ,secretary of ,homeland ,security shall authorize 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 ,united ,states ,copyright ,office1 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 #fbh;,a of the ,tariff ,act of #aicj1 as added by section #cjb4 #cje4 ,national ,intellectual ,property ,rights ,coordination ,center 7a7 ,establishment ,the ,secretary of ,homeland ,security shall-- 7#a7 establish within ,u4,s4 ,immigration and ,customs ,enforcement 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 infringe intellectual property rights to identify organizations and individuals that produce1 smuggle1 or distribute such merchandise2 7#b7 conduct and 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 ,u4,s4 ,customs and ,border ,protection1 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 infringement of intellectual property rights from domestic and international law enforcement agencies and other non-,federal sources2 7#f7 develop a means to receive and organize information regarding infringement of intellectual property rights from such agencies and other sources2 7#g7 disseminate information regarding infringement of intellectual property rights to other ,federal agencies1 as appropriate2 7#h7 develop and implement risk-based alert systems1 in coordination with ,u4,s4 ,customs and ,border ,protection1 to improve the targeting of persons that repeatedly infringe intellectual property rights2 7#i7 coordinate with the offices of ,united ,states attorneys in order 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 ,u4,s4 ,customs and ,border ,protection2 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 that the ,director of ,u4,s4 ,immigration and ,customs ,enforcement considers appropriate2 and 7#h7 any other entities that 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 ,u4,s4 ,customs and ,border ,protection and other ,federal agencies to conduct outreach to private sector entities in order to determine trends in and methods of infringing intellectual property 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 in order to coordinate public and private sector efforts to combat the infringement of intellectual property rights4 #cjf4 ,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 required by section #aje-- 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 ,u4,s4 ,customs and ,border ,protection 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 ,u4,s4 ,customs and ,border ,protection and ,u4,s4 ,immigration and ,customs ,enforcement are adequately enforcing intellectual property rights4 #cjg4 ,personnel dedicated to the enforcement of intellectual property rights 7a7 ,personnel of ,u4,s4 customs and border protection ,the ,commissioner and the ,director of ,u4,s4 ,immigration and ,customs ,enforcement shall ensure that sufficient personnel are assigned throughout ,u4,s4 ,customs and ,border ,protection and ,u4,s4 ,immigration and ,customs ,enforcement1 respectively1 who have responsibility for preventing the importation into the ,united ,states of merchandise that infringes intellectual property rights4 7b7 ,staffing of national intellectual property rights coordination center ,the ,commissioner shall-- 7#a7 assign not fewer than #c full-time employees of ,u4,s4 ,customs and ,border ,protection to the ,national ,intellectual ,property ,rights ,coordination ,center established under section #cje2 and 7#b7 ensure that sufficient personnel are assigned to ,united ,states ports of entry to carry out the directives of the ,center4 #cjh4 ,training with respect to the enforcement of intellectual property rights 7a7 ,training ,the ,commissioner shall ensure that officers of ,u4,s4 ,customs and ,border ,protection 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 ,u4,s4 ,customs and ,border ,protection and such entities with respect to training for officers of ,u4,s4 ,customs and ,border ,protection in enforcing 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 ,u4,s4 ,customs and ,border ,protection to use such technologies4 7d7 ,donations of technology ,not later than the date that is #ahj days after the date of the enactment of this ,act1 the ,commissioner shall prescribe regulations to enable ,u4,s4 ,customs and ,border ,protection to receive donations of hardware1 software1 equipment1 and similar technologies1 and to accept training and other support services1 from private sector entities1 for the purpose of enforcing intellectual property rights4 #cji4 ,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 the ,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 #caj4 ,report on intellectual property rights enforcement ,not later than ,june #cj1 #bjaf1 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 ,senate1 the ,committee on ,ways and ,means of the ,house of ,representatives1 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate1 and the ,committee on ,homeland ,security 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 referrals1 during the preceding year1 from ,u4,s4 ,customs and ,border ,protection to ,u4,s4 ,immigration and ,customs ,enforcement relating to infringement of intellectual property rights 4 7,b7 ,the number of investigations relating to the infringement of intellectual property rights referred by ,u4,s4 ,immigration and ,customs ,enforcement to a ,united ,states attorney for prosecution and the ,united ,states attorneys to which those investigations were referred4 7,c7 ,the number of such investigations accepted by each such ,united ,states attorney 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 ,u4,s4 ,custom and ,border ,protection and ,u4,s4 ,immigration and ,customs ,enforcement 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 ,international ,trade of ,u4,s4 ,customs and ,border ,protection to respond to a request from port personnel for advice with respect to whether merchandise detained by ,u4,s4 ,customs and ,border ,protection infringed intellectual property rights1 distinguished by types of intellectual property rights infringed4 7#c7 ,a summary of the outreach efforts of ,u4,s4 ,customs and ,border ,protection and ,u4,s4 ,immigration and ,customs ,enforcement with respect to-- 7,a7 the interdiction and investigation of1 and the sharing of information between those agencies and other ,federal agencies to prevent1 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 ,u4,s4 ,customs and ,border ,protection and ,u4,s4 ,immigration and ,customs ,enforcement2 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 ,u4,s4 ,customs and ,border ,protection and ,u4,s4 ,immigration and ,customs ,enforcement to address the challenges with respect to the enforcement of intellectual property rights presented by ,internet commerce and the transit of small packages and an identification of 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 #cjh and expenditures for such training4 #caa4 ,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 ,u4,s4 ,customs and ,border ,protection1 or a successor form1 including any electronic equivalent of ,declaration ,form #fjei;,b or a successor form1 printed or displayed 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 ,,iv ,prevention of evasion of antidumping and countervailing duty orders #dja4 ,short title ,this title may be cited as the ,preventing ,recurring ,trade ,evasion and ,circumvention ,act or ,,protect ,act4 #djb4 ,definitions ,in this title3 7#a7 ,appropriate congressional committees ,the term appropriate congressional committees means-- 7,a7 the ,committee on ,finance and the ,committee on ,appropriations of the ,senate2 and 7,b7 the ,committee on ,ways and ,means and the ,committee on ,appropriations of the ,house of ,representatives4 7#b7 ,covered merchandise ,the term covered merchandise means merchandise that is subject to-- 7,a7 a countervailing duty order issued under section #gjf of the ,tariff ,act of #aicj2 or 7,b7 an antidumping duty order issued under section #gcf of the ,tariff ,act of #aicj4 7#c7 ,eligible small business 7,a7 ,in general ,the term eligible small business means any business concern which1 in the ,commissioner's judgment1 due to its small size1 has neither adequate internal resources nor financial ability to obtain qualified outside assistance in preparing and submitting for consideration allegations of evasion4 7,b7 ,nonreviewability ,any agency decision regarding whether a business concern is an eligible small business for purposes of section #daa7;b77#d77;,e7 is not reviewable by any other agency or by any court4 7#d7 ,enter2 entry ,the terms enter and entry refer to the entry1 or withdrawal from warehouse for consumption1 in the customs territory of the ,united ,states4 7#e7 ,evade2 evasion ,the terms evade and evasion refer to entering covered merchandise into the customs territory of the ,united ,states by means of any document or electronically transmitted data or 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#f7 ,secretary ,the term ,secretary means the ,secretary of the ,treasury4 7#g7 ,trade remedy laws ,the term trade remedy laws means title ,,vii of the ,tariff ,act of #aicj4 #djc4 ,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 this title and the amendments made by this title shall apply with respect to goods from ,canada and ,mexico4 ,a ,actions ,relating to ,enforcement of ,trade ,remedy ,laws #daa4 ,trade remedy law enforcement division 7a7 ,establishment 7#a7 ,in general ,the ,secretary of ,homeland ,security shall establish and maintain within the ,office of ,international ,trade of ,u4,s4 ,customs and ,border ,protection1 established under section #b7;d7 of the ,act of ,march #c1 #aibg 7#dd ,stat4 #acha1 chapter #cdh2 #ai ,u4,s4,c4 #bjgb7;d771 a ,trade ,remedy ,law ,enforcement ,division4 7#b7 ,composition ,the ,trade ,law ,remedy ,enforcement ,division shall be composed of-- 7,a7 headquarters personnel led by a ,director1 who shall report to the ,assistant ,commissioner of the ,office of ,international ,trade2 and 7,b7 a ,national ,targeting and ,analysis ,group dedicated to preventing and countering evasion4 7#c7 ,duties ,the ,trade ,remedy ,law ,enforcement ,division shall be dedicated-- 7,a7 to the development and administration of policies to prevent and counter evasion2 7,b7 to direct enforcement and compliance assessment activities concerning evasion2 7,c7 to the development and conduct of commercial risk assessment targeting with respect to cargo destined for the ,united ,states in accordance with subsection 7c72 7,d7 to issuing ,trade ,alerts described in subsection 7d72 and 7,e7 to the development of policies for the application of single entry and continuous bonds for entries of covered merchandise to sufficiently protect the collection of antidumping and countervailing duties commensurate with the level of risk of noncollection4 7b7 ,duties of director ,the duties of the ,director of the ,trade ,remedy ,law ,enforcement ,division shall include-- 7#a7 directing the trade enforcement and compliance assessment activities of ,u4,s4 ,customs and ,border ,protection that concern evasion2 7#b7 facilitating1 promoting1 and coordinating cooperation and the exchange of information between ,u4,s4 ,customs and ,border ,protection1 ,u4,s4 ,immigration and ,customs ,enforcement1 and other relevant agencies regarding evasion2 7#c7 notifying on a timely basis the administering authority 7as defined in section #gga7a7 of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #afgg7a777 and the ,commission 7as defined in section #gga7b7 of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #afgg7b777 of any finding1 determination1 civil action1 or criminal action taken by ,u4,s4 ,customs and ,border ,protection or other ,federal agency regarding evasion2 7#d7 serving as the primary liaison between ,u4,s4 ,customs and ,border ,protection and the public regarding ,united ,states ,government activities concerning evasion1 including-- 7,a7 receive and transmit to the appropriate ,u4,s4 ,customs and ,border ,protection office allegations from parties of evasion2 7,b7 upon request by the party or parties that submitted an allegation of evasion1 provide information to such party or parties on the status of ,u4,s4 ,customs and ,border ,protection's consideration of the allegation and decision to pursue or not pursue any administrative inquiries or other actions1 such as changes in policies1 procedures1 or resource allocation as a result of the allegation2 7,c7 as needed1 request from the party or parties that submitted an allegation of evasion any additional information that may be relevant for ,u4,s4 ,customs and ,border ,protection determining whether to initiate an administrative inquiry or take any other action regarding the allegation2 7,d7 notify on a timely basis the party or parties that submitted such an allegation of the results of any administrative1 civil or criminal actions taken by ,u4,s4 ,customs and ,border ,protection or other ,federal agency regarding evasion as a direct or indirect result of the allegation2 7,e7 upon request1 provide technical assistance and advice to eligible small businesses to enable such businesses to prepare and submit allegations of evasion1 except that the ,director may deny assistance if the ,director concludes that the allegation1 if submitted1 would not lead to the initiation of an administrative inquiry or any other action to address the allegation2 7,f7 in cooperation with the public1 the ,commercial ,customs ,operations ,advisory ,committee1 the ,trade ,support ,network1 and any other relevant parties and organizations1 develop guidelines on the types and nature of information that may be provided in allegations of evasion2 and 7,g7 regularly consult with the public1 the ,commercial ,customs ,operations ,advisory ,committee1 the ,trade ,support ,network1 and any other relevant parties and organizations regarding the development and implementation of regulations1 interpretations1 and policies related to countering evasion4 7c7 ,preventing and countering evasion of the trade remedy laws ,in carrying out its duties with respect to preventing and countering evasion1 the ,national ,targeting and ,analysis ,group dedicated to preventing and countering evasion shall-- 7#a7 establish targeted risk assessment methodologies and standards-- 7,a7 for evaluating the risk that cargo destined for the ,united ,states may constitute evading covered merchandise2 and 7,b7 for issuing1 as appropriate1 ,trade ,alerts described in subsection 7d72 and 7#b7 to the extent practicable and otherwise authorized by law1 use 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 and the ,,tecs1 and any similar and successor systems1 to administer the methodologies and standards established under paragraph 7#a74 7d7 ,trade alerts ,based upon the application of the targeted risk assessment methodologies and standards established under subsection 7c71 the ,director of the ,trade ,remedy ,law ,enforcement ,division shall issue ,trade ,alerts or other such means of notification to directors of ,united ,states ports of entry directing further inspection1 physical examination1 or testing of merchandise to ensure compliance with the trade remedy laws and to require additional bonds1 cash deposits1 or other security to ensure collection of any duties1 taxes and fees owed4 #dab4 ,collection of information on evasion of trade remedy laws 7a7 ,authority to collect information ,to determine whether covered merchandise is being entered into the customs territory of the ,united ,states through evasion1 the ,secretary1 acting through the ,commissioner-- 7#a7 shall exercise all existing authorities to collect information needed to make the determination2 and 7#b7 may collect such additional information as is necessary to make the determination through such methods as the ,commissioner considers appropriate1 including by issuing questionnaires with respect to the entry or entries at issue to-- 7,a7 a person who filed an allegation with respect to the covered merchandise2 7,b7 a person who is alleged to have entered the covered merchandise into the customs territory of the ,united ,states through evasion2 or 7,c7 any other person who is determined to have information relevant to the allegation of entry of covered merchandise into the customs territory of the ,united ,states through evasion4 7b7 ,adverse inference 7#a7 ,in general ,if the ,secretary finds that a person who filed an allegation1 a person alleged to have entered covered merchandise into the customs territory of the ,united ,states through evasion1 or a foreign producer or exporter of covered merchandise that is alleged to have entered into the customs territory of the ,united ,states through evasion1 has failed to cooperate by not acting to the best of the person's ability to comply with a request for information1 the ,secretary may1 in making a determination whether an entry or entries of covered merchandise may constitute merchandise that is entered into the customs territory of the ,united ,states through evasion1 use an inference that is adverse to the interests of that person in selecting from among the facts otherwise available to determine whether evasion has occurred4 7#b7 ,adverse inference described ,an adverse inference used under paragraph 7#a7 may include reliance on information derived from-- 7,a7 the allegation of evasion of the trade remedy laws1 if any1 submitted to ,u4,s4 ,customs and ,border ,protection2 7,b7 a determination by the ,commissioner in another investigation1 proceeding1 or other action regarding evasion of the unfair trade laws2 or 7,c7 any other available information4 #dac4 ,access to information 7a7 ,in general ,section #ggg7;b77#a77;,a77ii7 of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #afgg;f7b77#a77;,a77ii77 is amended by inserting negligence1 gross negligence1 or after regarding4 7b7 ,additional information ,notwithstanding any other provision of law1 the ,secretary is authorized to provide to the ,secretary of ,commerce or the ,united ,states ,international ,trade ,commission any information that is necessary to enable the ,secretary of ,commerce or the ,united ,states ,international ,trade ,commission to assist the ,secretary to identify1 through risk assessment targeting or otherwise1 covered merchandise that is entered into the customs territory of the ,united ,states through evasion4 #dad4 ,cooperation with foreign countries on preventing evasion of trade remedy laws 7a7 ,bilateral agreements 7#a7 ,in general ,the ,secretary shall seek to negotiate and enter into bilateral agreements with the customs authorities or other appropriate authorities of foreign countries for purposes of cooperation on preventing evasion of the trade remedy laws of the ,united ,states and the trade remedy laws of the other country4 7#b7 ,provisions and authorities ,the ,secretary shall seek to include in each such bilateral agreement the following provisions and authorities3 7,a7 ,on the request of the importing country1 the exporting country shall provide1 consistent with its laws1 regulations1 and procedures1 production1 trade1 and transit documents and other information necessary to determine whether an entry or entries exported from the exporting country are subject to the importing country's trade remedy laws4 7,b7 ,on the written request of the importing country1 the exporting country shall conduct a verification for purposes of enabling the importing country to make a determination described in subparagraph 7,a74 7,c7 ,the exporting country may allow the importing country to participate in a verification described in subparagraph 7,b71 including through a site visit4 7,d7 ,if the exporting country does not allow participation of the importing country in a verification described in subparagraph 7,b71 the importing country may take this fact into consideration in its trade enforcement and compliance assessment activities regarding the compliance of the exporting country's exports with the importing country's trade remedy laws4 7b7 ,consideration ,the ,commissioner is authorized to take into consideration whether a country is a signatory to a bilateral agreement described in subsection 7a7 and the extent to which the country is cooperating under the bilateral agreement for purposes of trade enforcement and compliance assessment activities of ,u4,s4 ,customs and ,border ,protection that concern evasion by such country's exports4 7c7 ,report ,not later than ,december #ca of each year beginning after the date of the enactment of this ,act1 the ,secretary shall submit to the appropriate congressional committees a report summarizing-- 7#a7 the status of any ongoing negotiations of bilateral agreements described in subsection 7a71 including the identities of the countries involved in such negotiations2 7#b7 the terms of any completed bilateral agreements described in subsection 7a72 and 7#c7 bilateral cooperation and other activities conducted pursuant to or enabled by any completed bilateral agreements described in subsection 7a74 #dae4 ,trade negotiating objectives ,the principal negotiating objectives of the ,united ,states shall include obtaining the objectives of the bilateral agreements described under section #dad7;a7 for any trade agreements under negotiation as of the date of the enactment of this ,act or future trade agreement negotiations4 ,b ,investigation of ,evasion of ,trade ,remedy ,laws #dba4 ,procedures for investigation of evasion of antidumping and countervailing duty orders 7a7 ,in general ,title ,,vii of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #afga et seq47 is amended by inserting after section #gha the following3 #gha;,a4 ,procedures for prevention 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 #gga4 7#b7 ,commissioner ,the term ,commissioner means the ,commissioner of ,u4,s4 ,customs and ,border ,protection4 7#c7 ,covered merchandise ,the term covered merchandise means merchandise that is subject to-- 7,a7 a countervailing duty order issued under section #gjf2 or 7,b7 an antidumping duty order issued under section #gcf4 7#d7 ,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 administering authority 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 administering authority may determine1 notwithstanding clause 7i71 that the person has entered such covered merchandise into the customs territory of the ,united ,states by means of evasion4 7iii7 ,electronic repetition of errors ,for purposes of clause 7ii71 the mere unintentional 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 administering authority 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 by means of evasion shall not be construed to excuse that person from the payment of any duties applicable to the merchandise4 7b7 ,investigation by administering authority 7#a7 ,procedures for initiating investigations 7,a7 ,initiation by administering authority ,an investigation under this subsection shall be initiated with respect to merchandise imported into the ,united ,states whenever the administering authority determines1 from information available to the administering authority1 that an investigation is warranted with respect to whether the merchandise is covered merchandise that has entered into the customs territory of the ,united ,states by means of evasion4 7,b7 ,initiation by petition or referral 7i7 ,in general ,the administering authority shall determine whether to initiate an investigation under this subparagraph not later than #cj days after the date on which the administering authority receives a petition described in clause 7ii7 or a referral described in clause 7iii74 7ii7 ,petition described ,a petition described in this clause is a petition that-- 7,i7 is filed with the administering authority by an interested party specified in subparagraph 7,a71 7,c71 7,d71 7,e71 7,f71 or 7,g7 of section #gga7i72 7,,ii7 alleges that merchandise imported into the ,united ,states is covered merchandise that has entered into the customs territory of the ,united ,states by means of evasion2 and 7,,iii7 is accompanied by information reasonably available to the petitioner supporting those allegations4 7iii7 ,referral described ,a referral described in this clause is a referral made by the ,commissioner pursuant to subsection 7c77#a74 7#b7 ,time limits for determinations 7,a7 ,preliminary determination 7i7 ,in general ,not later than #ij days after the administering authority initiates an investigation under paragraph 7#a7 with respect to merchandise1 the administering authority shall issue a preliminary determination1 based on information available to the administering authority at the time of the determination1 with respect to whether there is a reasonable basis to believe or suspect that the merchandise is covered merchandise that has entered into the customs territory of the ,united ,states by means of evasion4 7ii7 ,expedited procedures ,if the administering authority determines that expedited action is warranted with respect to an investigation initiated under paragraph 7#a71 the administering authority may publish the notice of initiation of the investigation and the notice of the preliminary determination in the ,federal ,register at the same time4 7,b7 ,final determination by the administering authority ,not later than #cjj days after the date on which the administering authority initiates an investigation under paragraph 7#a7 with respect to merchandise1 the administering authority shall issue a final determination with respect to whether the merchandise is covered merchandise that has entered into the customs territory of the ,united ,states by means of evasion4 7#c7 ,access to information 7,a7 ,entry documents1 records1 and other information ,not later than #aj days after receiving a request from the administering authority with respect to merchandise that is the subject of an investigation under paragraph 7#a71 the ,commissioner shall transmit to the administering authority copies of the documentation and information required by section #dhd7;a77#a7 with respect to the entry of the merchandise1 as well as any other documentation or information requested by the administering authority4 7,b7 ,access of interested parties ,not later than #aj business days after the date on which the administering authority initiates an investigation under paragraph 7#a7 with respect to merchandise1 the administering authority shall provide to the authorized representative of each interested party that filed a petition under paragraph 7#a7 or otherwise participates in a proceeding1 pursuant to a protective order1 the copies of the entry documentation and any other information received by the administering authority under subparagraph 7,a74 7,c7 ,business proprietary information from prior segments ,if an authorized representative of an interested party participating in an investigation under paragraph 7#a7 has access to business proprietary information released pursuant to an administrative protective order in a proceeding under subtitle ,a1 ,b1 or ,c of title ,,vii of the ,tariff ,act of #aicj that is relevant to the investigation conducted under paragraph 7#a71 that authorized representative may submit such information to the administering authority for its consideration in the context of the investigation conducted under paragraph 7#a74 7#d7 ,authority to collect and verify additional information ,in making a determination under paragraph 7#b7 with respect to covered merchandise1 the administering authority may collect such additional information as is necessary to make the determination through such methods as the administering authority 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#a77;,b77ii7 that resulted in the initiation of an investigation under paragraph 7#a77;,a7 with respect to such covered merchandise2 7ii7 a person alleged to have entered such covered merchandise into the customs territory of the ,united ,states by means of 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 7,b7 conducting verifications1 including on-site verifications1 of any relevant information2 and 7,c7 requesting-- 7i7 that the ,commissioner provide any information and data available to ,u4,s4 ,customs and ,border ,protection1 and 7ii7 that the ,commissioner gather additional necessary information from the importer of covered merchandise and other relevant parties4 7#e7 ,adverse inference ,if the administering authority finds that a person described in clause 7i71 7ii71 or 7iii7 of paragraph 7#d77;,a7 has failed to cooperate by not acting to the best of the person's ability to comply with a request for information1 the administering authority may1 in making a determination under paragraph 7#b71 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#f7 ,effect of affirmative preliminary determination ,if the administering authority makes a preliminary determination under paragraph 7#b77;,a7 that merchandise is covered merchandise that has entered into the customs territory of the ,united ,states by means of evasion1 the administering authority shall instruct ,u4,s4 ,customs and ,border ,protection-- 7,a7 to suspend liquidation of each entry of the merchandise that-- 7i7 enters on or after the date of the preliminary determination2 or 7ii7 enters before that date1 if the liquidation of the entry is not final on that date2 and 7,b7 to require the posting of a cash deposit for each entry of the merchandise in an amount determined pursuant to the order1 or administrative review conducted under section #gea1 that applies to the merchandise4 7#g7 ,effect of affirmative final determination 7,a7 ,in general ,if the administering authority makes a final determination under paragraph 7#b77;,b7 that merchandise is covered merchandise that has entered into the customs territory of the ,united ,states by means of evasion1 the administering authority shall instruct ,u4,s4 ,customs and ,border ,protection-- 7i7 to assess duties on the merchandise in an amount determined pursuant to the order1 or administrative review conducted under section #gea1 that applies to the merchandise2 7ii7 notwithstanding section #eja1 to reliquidate1 in accordance with such order or administrative review1 each entry of the merchandise that was liquidated and is determined to include covered merchandise2 and 7iii7 to review and reassess the amount of bond or other security the importer is required to post for such merchandise entered on or after the date of the final determination to ensure the protection of revenue and compliance with the law4 7,b7 ,additional authority ,if the administering authority makes a final determination under paragraph 7#b77;,b7 that merchandise is covered merchandise that has entered into the customs territory of the ,united ,states by means of evasion1 the administering authority may instruct ,u4,s4 ,customs and ,border ,protection to require the importer of the merchandise to post a cash deposit or bond on such merchandise entered on or after the date of the final determination in an amount the administering authority determines in the final determination to be owed with respect to the merchandise4 7#h7 ,effect of negative final determination ,if the administering authority makes a final determination under paragraph 7#b77;,b7 that merchandise is not covered merchandise that has entered into the customs territory of the ,united ,states by means of evasion1 the administering authority shall terminate the suspension of liquidation and refund any cash deposit imposed pursuant to paragraph 7#f7 with respect to the merchandise4 7#i7 ,notification ,not later than #e business days after making a determination under paragraph 7#b7 with respect to covered merchandise1 the administering authority may provide to importers1 in such manner as the administering authority determines appropriate1 information discovered in the investigation that the administering authority 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 7#aj7 ,special rule for cases in which the producer or exporter is unknown ,if the administering authority is unable to determine the actual producer or exporter of the merchandise with respect to which the administering authority initiated an investigation under paragraph 7#a71 the administering authority shall1 in requiring the posting of a cash deposit under paragraph 7#f7 or assessing duties pursuant to paragraph 7#g77;,a71 impose the cash deposit or duties 7as the case may be7 in the highest amount applicable to any producer or exporter of the merchandise pursuant to any order1 or any administrative review conducted under section #gea4 7#aa7 ,publication of determinations ,the administering authority shall publish in the ,federal ,register each notice of initiation of an investigation made under paragraph 7#a77;,a71 each preliminary determination made under paragraph 7#b77;,a71 and each final determination made under paragraph 7#b77;,b74 7#ab7 ,referrals to other agencies 7,a7 ,after preliminary determination ,notwithstanding section #ggg and subject to subparagraph 7,c71 when the administering authority makes an affirmative preliminary determination under paragraph 7#b77;,a71 the administering authority shall-- 7i7 transmit the administrative record to the ,commissioner for such additional action as the ,commissioner determines appropriate1 including proceedings under section #eib2 and 7ii7 at the request of the head of another agency1 transmit the administrative record to the head of that agency4 7,b7 ,after final determination ,notwithstanding section #ggg and subject to subparagraph 7,c71 when the administering authority makes an affirmative final determination under paragraph 7#b77;,b71 the administering authority shall-- 7i7 transmit the complete administrative record to the ,commissioner2 and 7ii7 at the request of the head of another agency1 transmit the complete administrative record to the head of that agency4 7c7 ,referral by ,u4,s4 customs and border protection ,in the event the ,commissioner receives information that a person has entered covered merchandise into the customs territory of the ,united ,states through evasion1 but is not able to determine whether the merchandise is in fact covered merchandise1 the ,commissioner shall-- 7#a7 refer the matter to the administering authority for additional proceedings under subsection 7b72 and 7#b7 transmit to the administering authority-- 7,a7 copies of the entry documents and information required by section #dhd7;a77#a7 relating to the merchandise2 and 7,b7 any additional records or information that the ,commissioner considers appropriate4 7d7 ,cooperation between ,u4,s4 customs and border protection and the ,department of ,commerce 7#a7 ,notification of investigations ,upon receiving a petition and upon initiating an investigation under subsection 7b71 the administering authority shall notify the ,commissioner4 7#b7 ,procedures for cooperation ,not later than #ahj days after the date of the enactment of the ,trade ,facilitation and ,trade ,enforcement ,act of #bjae1 the ,commissioner and the administering authority shall establish procedures to ensure maximum cooperation and communication between ,u4,s4 ,customs and ,border ,protection and the administering authority in order to quickly1 efficiently1 and accurately investigate allegations of evasion of antidumping and countervailing duty orders4 7e7 ,annual report on preventing evasion of antidumping and countervailing duty orders 7#a7 ,in general ,not later than ,february #bh of each year beginning in #bjaf1 the ,under ,secretary for ,international ,trade of the ,department of ,commerce shall submit to the ,committee on ,finance and the ,committee on ,appropriations of the ,senate and the ,committee on ,ways and ,means and the ,committee on ,appropriations of the ,house of ,representatives a report on the efforts being taken under subsection 7b7 to prevent evasion of antidumping and countervailing duty orders4 7#b7 ,contents ,each report required by paragraph 7#a7 shall include1 for the calendar year preceding the submission of the report-- 7,a7 7i7 the number of investigations initiated pursuant to subsection 7b72 and 7ii7 a description of such investigations1 including-- 7,i7 the results of such investigations2 and 7,,ii7 the amount of antidumping and countervailing duties collected as a result of such investigations2 and 7,b7 the number of referrals made by the ,commissioner pursuant to subsection 7c74 4 7b7 ,technical amendment ,the table of contents for title ,,vii of the ,tariff ,act of #aicj is amended by inserting after the item relating to section #gha the following3 ,sec4 #gha;,a4 ,procedures for prevention of evasion of antidumping and countervailing duty orders4 4 7c7 ,judicial review ,section #eaf;,a7a77#b7 of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #aeaf;a7a77#b77 is amended-- 7#a7 in subparagraph 7,a77i77,i71 by striking or 7viii7 and inserting 7viii71 or 7ix72 and 7#b7 in subparagraph 7,b71 by inserting at the end the following3 7ix7 ,a determination by the administering authority under section #gha;,a4 4 7d7 ,regulations ,not later than #ahj days after the date of the enactment of this ,act-- 7#a7 the ,secretary of ,commerce shall prescribe such regulations as may be necessary to carry out subsection 7b7 of section #gha;,a of the ,tariff ,act of #aicj 7as added by subsection 7a7 of this section72 and 7#b7 the ,commissioner shall prescribe such regulations as may be necessary to carry out subsection 7c7 of such section #gha;,a4 7e7 ,effective date ,the amendments made by this section shall-- 7#a7 take effect on the date that is #ahj days after the date of the enactment of this ,act2 and 7#b7 apply with respect to merchandise entered on or after such date of enactment4 #dbb4 ,government ,accountability ,office report ,not later than #b years after the date of the enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall submit to the ,committee on ,finance and the ,committee on ,appropriations of the ,senate and the ,committee on ,ways and ,means and the ,committee on ,appropriations of the ,house of ,representatives a report assessing the effectiveness of-- 7#a7 the provisions of1 and amendments made by1 this subtitle2 and 7#b7 the actions taken and procedures developed by the ,secretary of ,commerce and the ,commissioner pursuant to such provisions and amendments to prevent evasion of antidumping and countervailing duty orders under title ,,vii of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #afga et seq474 ,c ,other ,matters #dca4 ,allocation and training of personnel ,the ,commissioner shall1 to the maximum extent possible1 ensure that ,u4,s4 ,customs and ,border ,protection-- 7#a7 employs sufficient personnel who have expertise in1 and responsibility for1 preventing and investigating the entry of covered merchandise into the customs territory of the ,united ,states through evasion2 7#b7 on the basis of risk assessment metrics1 assigns sufficient personnel with primary responsibility for preventing the entry of covered merchandise into the customs territory of the ,united ,states through evasion to the ports of entry in the ,united ,states at which the ,commissioner determines potential evasion presents the most substantial threats to the revenue of the ,united ,states2 and 7#c7 provides adequate training to relevant personnel to increase expertise and effectiveness in the prevention and identification of entries of covered merchandise into the customs territory of the ,united ,states through evasion4 #dcb4 ,annual report on prevention of evasion of antidumping and countervailing duty orders 7a7 ,in general ,not later than ,february #bh of each year1 beginning in #bjaf1 the ,commissioner1 in consultation with the ,secretary of ,commerce and the ,director of ,u4,s4 ,immigration and ,customs ,enforcement1 shall submit to the appropriate congressional committees a report on the efforts being taken to prevent and investigate 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 ,u4,s4 ,customs and ,border ,protection to prevent and identify evasion2 7,b7 the number of allegations of evasion received and the number of allegations of evasion resulting in any administrative1 civil1 or criminal actions by ,u4,s4 ,customs and ,border ,protection or any other agency2 7,c7 a summary of the completed administrative inquiries of evasion1 including the number and nature of the inquiries initiated1 conducted1 or completed1 as well as their resolution2 7,d7 with respect to inquiries that lead to issuance of a penalty notice1 the penalty amounts2 7,e7 the amounts of antidumping and countervailing duties collected as a result of any actions by ,u4,s4 ,customs and ,border ,protection or any other agency2 7,f7 a description of the allocation of personnel and other resources of ,u4,s4 ,customs and ,border ,protection and ,u4,s4 ,immigration and ,customs ,enforcement to prevent1 identify1 and investigate evasion1 including any assessments conducted regarding the allocation of such personnel and resources2 and 7,g7 a description of training conducted to increase expertise and effectiveness in the prevention1 identification1 and investigation of evasion2 and 7#b7 a description of ,u4,s4 ,customs and ,border ,protection processes and procedures to prevent and identify evasion1 including-- 7,a7 the specific guidelines1 policies1 and practices used by ,u4,s4 ,customs and ,border ,protection to ensure that allegations of evasion are promptly evaluated and acted upon in a timely manner2 7,b7 an evaluation of the efficacy of such existing guidelines1 policies1 and practices2 7,c7 identification of any changes since the last report that have materially improved or reduced the effectiveness of ,u4,s4 ,customs and ,border ,protection to prevent and identify 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 on noncollection2 7,e7 the processes and procedures for increased cooperation and information sharing with the ,department of ,commerce1 ,u4,s4 ,immigration and ,customs ,enforcement1 and any other relevant ,federal agencies to prevent and identify evasion2 and 7,f7 identification of any recommended policy changes of other ,federal agencies or legislative changes to improve the effectiveness of ,u4,s4 ,customs and ,border ,protection to prevent and identify evasion4 #dcc4 ,addressing circumvention by new shippers ,section #gea7;a77#b77;,b7 of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #afge7;a77#b77;,b77 is amended-- 7#a7 by striking clause 7iii72 7#b7 by redesignating clause 7iv7 as clause 7iii72 and 7#c7 inserting after clause 7iii71 as redesignated by paragraph 7#b7 of this section1 the following3 7iv7 ,determinations based on bonafide sales ,any weighted average dumping margin or individual countervailing duty rate determined for an exporter or producer in a review conducted under clause 7i7 shall be based solely on the bona fide ,united ,states sales of an exporter or producer1 as the case may be1 made during the period covered by the review4 ,in determining whether the ,united ,states sales of an exporter or producer made during the period covered by the review were bona fide1 the administering authority shall consider1 depending on the circumstances surrounding such sales-- 7,i7 the prices of such sales2 7,,ii7 whether such sales were made in commercial quantities2 7,,iii7 the timing of such sales2 7,,iv7 the expenses arising from such sales2 7,v7 whether the subject merchandise involved in such sales was resold in the ,united ,states at a profit2 7,,vi7 whether such sales were made on an arms-length basis2 and 7,,vii7 any other factor the administering authority determines to be relevant as to whether such sales are1 or are not1 likely to be typical of those the exporter or producer will make after completion of the review4 4 ,v ,improvements to antidumping and countervailing duty laws #eja4 ,short title ,this title may be cited as the ,american ,trade ,enforcement ,effectiveness ,act4 #ejb4 ,consequences of failure to cooperate with a request for information in a proceeding ,section #ggf of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #afgg;e7 is amended-- 7#a7 in subsection 7b7-- 7,a7 by redesignating paragraphs 7#a7 through 7#d7 as subparagraphs 7,a7 through 7,d71 respectively1 and by moving such subparagraphs1 as so redesignated1 #b ems to the right2 7,b7 by striking ,adverse ,inferences4--,if and inserting the following3 8,adverse ,inferences4-- 7#a7 ,in general ,if 2 7,c7 by striking under this title1 may use and inserting the following3 8under this title-- 7,a7 may use 2 and 7,d7 by striking facts otherwise available4 ,such adverse inference may include and inserting the following3 8facts otherwise available2 and 7,b7 is not required to determine1 or make any adjustments to1 a countervailable subsidy rate or weighted average dumping margin based on any assumptions about information the interested party would have provided if the interested party had complied with the request for information4 7#b7 ,potential sources of information for adverse inferences ,an adverse inference under paragraph 7#a77;,a7 may include 2 7#b7 in subsection 7c7-- 7,a7 by striking ,corroboration of ,secondary ,information4--,when the and inserting the following3 8,corroboration of ,secondary ,information4-- 7#a7 ,in general ,except as provided in paragraph 7#b71 when the 2 and 7,b7 by adding at the end the following3 7#b7 ,exception ,the administrative authority and the ,commission shall not be required to corroborate any dumping margin or countervailing duty applied in a separate segment of the same proceeding4 2 and 7#c7 by adding at the end the following3 7d7 ,subsidy rates and dumping margins in adverse inference determinations 7#a7 ,in general ,if the administering authority uses an inference that is adverse to the interests of a party under subsection 7b77#a77;,a7 in selecting among the facts otherwise available1 the administering authority may-- 7,a7 in the case of a countervailing duty proceeding-- 7i7 use a countervailable subsidy rate applied for the same or similar program in a countervailing duty proceeding involving the same country1 or 7ii7 if there is no same or similar program1 use a countervailable subsidy rate for a subsidy program from a proceeding that the administering authority considers reasonable to use1 and 7,b7 in the case of an antidumping duty proceeding1 use any dumping margin from any segment of the proceeding under the applicable antidumping order4 7#b7 ,discretion to apply highest rate ,in carrying out paragraph 7#a71 the administering authority may apply any of the countervailable subsidy rates or dumping margins specified under that paragraph1 including the highest such rate or margin1 based on the evaluation by the administering authority of the situation that resulted in the administering authority using an adverse inference in selecting among the facts otherwise available4 7#c7 ,no obligation to make certain estimates or address certain claims ,if the administering authority uses an adverse inference under subsection 7b77#a77;,a7 in selecting among the facts otherwise available1 the administering authority is not required1 for purposes of subsection 7c7 or for any other purpose-- 7,a7 to estimate what the countervailable subsidy rate or dumping margin would have been if the interested party found to have failed to cooperate under subsection 7b77#a7 had cooperated1 or 7,b7 to demonstrate that the countervailable subsidy rate or dumping margin used by the administering authority reflects an alleged commercial reality of the interested party4 4 #ejc4 ,definition of material injury 7a7 ,effect of profitability of domestic industries ,section #gga7g7 of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #afgg7g77 is amended by adding at the end the following3 7,j7 ,effect of profitability ,the ,commission may not determine that there is no material injury or threat of material injury to an industry in the ,united ,states merely because that industry is profitable or because the performance of that industry has recently improved4 4 7b7 ,evaluation of impact on domestic industry in determination of material injury ,subclause 7,i7 of section #gga7g77;,c77iii7 of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #afgg7g77;,c77iii77 is amended to read as follows3 7,i7 actual and potential decline in output1 sales1 market share1 gross profits1 operating profits1 net profits1 ability to service debt1 productivity1 return on investments1 return on assets1 and utilization of capacity1 4 7c7 ,captive production ,section #gga7g77;,c77iv7 of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #afgg7g77;,c77iv77 is amended-- 7#a7 in subclause 7,i71 by striking the comma and inserting 1 and2 7#b7 in subclause 7,,ii71 by striking 1 and and inserting a comma2 and 7#c7 by striking subclause 7,,iii74 #ejd4 ,particular market situation 7a7 ,definition of ordinary course of trade ,section #gga7ae7 of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #afgg7ae77 is amended by adding at the end the following3 7,c7 ,situations in which the administering authority determines that the particular market situation prevents a proper comparison with the export price or constructed export price4 4 7b7 ,definition of normal value ,section #ggc7;a77#a77;,b77ii77,,iii7 of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #afgg;b7a77#a77;,b77ii77,,iii77 is amended by striking in such other country44 7c7 ,definition of constructed value ,section #ggc7;e7 of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #afgg;b7e77 is amended-- 7#a7 in paragraph 7#a71 by striking business and inserting trade2 and 7#b7 by striking the flush text at the end and inserting the following3 ,for purposes of paragraph 7#a71 if a particular market situation exists such that the cost of materials and fabrication or other processing of any kind does not accurately reflect the cost of production in the ordinary course of trade1 the administering authority may use another calculation methodology under this subtitle or any other calculation methodology4 ,for purposes of paragraph 7#a71 the cost of materials shall be determined without regard to any internal tax in the exporting country imposed on such materials or their disposition that is remitted or refunded upon exportation of the subject merchandise produced from such materials4 4 #eje4 ,distortion of prices or costs 7a7 ,investigation of below-cost sales ,section #ggc7;b77#b7 of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #afgg;b7b77#b77 is amended by striking subparagraph 7,a7 and inserting the following3 7,a7 ,reasonable grounds to believe or suspect 7i7 ,review ,in a review conducted under section #gea involving a specific exporter1 there are reasonable grounds to believe or suspect that sales of the foreign like product have been made at prices that are less than the cost of production of the product if the administering authority disregarded some or all of the exporter's sales pursuant to paragraph 7#a7 in the investigation or1 if a review has been completed1 in the most recently completed review4 7ii7 ,requests for information ,in an investigation initiated under section #gcb or a review conducted under section #gea1 the administering authority shall request information necessary to calculate the constructed value and cost of production under subsections 7e7 and 7f7 to determine whether there are reasonable grounds to believe or suspect that sales of the foreign like product have been made at prices that represent less than the cost of production of the product4 4 7b7 ,prices and costs in nonmarket economies ,section #ggc7;c7 of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #afgg;b7c77 is amended by adding at the end the following3 7#e7 ,discretion to disregard certain price or cost values ,in valuing the factors of production under paragraph 7#a7 for the subject merchandise1 the administering authority may disregard price or cost values without further investigation if the administering authority has determined that broadly available export subsidies existed or particular instances of subsidization occurred with respect to those price or cost values or if those price or cost values were subject to an antidumping order4 4 #ejf4 ,reduction in burden on ,department of ,commerce by reducing the number of voluntary respondents ,section #ghb7;a7 of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #afggm7a77 is amended-- 7#a7 in paragraph 7#a71 by redesignating subparagraphs 7,a7 and 7,b7 as clauses 7i7 and 7ii71 respectively1 and by moving such clauses1 as so redesignated1 #b ems to the right2 7#b7 by redesignating paragraphs 7#a7 and 7#b7 as subparagraphs 7,a7 and 7,b71 respectively1 and by moving such subparagraphs1 as so redesignated1 #b ems to the right2 7#c7 by striking ,investigations and ,reviews4--,in and inserting the following3 8,investigations and ,reviews4-- 7#a7 ,in general ,in 2 7#d7 in paragraph 7#a71 as designated by paragraph 7#c71 by amending subparagraph 7,b71 as redesignated by paragraph 7#b71 to read as follows3 7,b7 the number of exporters or producers subject to the investigation or review is not so large that any additional individual examination of such exporters or producers would be unduly burdensome to the administering authority and inhibit the timely completion of the investigation or review4 2 and 7#e7 by adding at the end the following3 7#b7 ,determination of unduly burdensome ,in determining if an individual examination under paragraph 7#a77;,b7 would be unduly burdensome1 the administering authority may consider the following3 7,a7 ,the complexity of the issues or information presented in the proceeding1 including questionnaires and any responses thereto4 7,b7 ,any prior experience of the administering authority in the same or similar proceeding4 7,c7 ,the total number of investigations under subtitle ,a or ,b and reviews under section #gea being conducted by the administering authority as of the date of the determination4 7,d7 ,such other factors relating to the timely completion of each such investigation and review as the administering authority considers appropriate4 4 #ejg4 ,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 title shall apply with respect to goods from ,canada and ,mexico4 ,,vi ,additional enforcement provisions #fja4 ,trade enforcement priorities 7a7 ,in general ,section #caj of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #bdbj7 is amended to read as follows3 #caj4 ,trade enforcement priorities 7a7 ,trade enforcement priorities1 consultations1 and report 7#a7 ,trade enforcement priorities consultations ,not later than ,may #ca of each calendar year that begins after the date of the enactment of the ,trade ,facilitation and ,trade ,enforcement ,act of #bjae1 the ,united ,states ,trade ,representative 7in this section referred to as the ,trade ,representative7 shall consult with the ,committee on ,finance of the ,senate and the ,committee on ,ways and ,means of the ,house of ,representatives with respect to the prioritization of acts1 policies1 or practices of foreign governments that raise concerns with respect to obligations under the ,,wto ,agreements or any other trade agreement to which the ,united ,states is a party1 or otherwise create or maintain barriers to ,united ,states goods1 services1 or investment4 7#b7 ,identification of trade enforcement priorities ,in identifying acts1 policies1 or practices of foreign governments as trade enforcement priorities under this subsection1 the ,united ,states ,trade ,representative shall focus on those acts1 policies1 and practices the elimination of which is likely to have the most significant potential to increase ,united ,states economic growth1 and take into account all relevant factors1 including-- 7,a7 the economic significance of any potential inconsistency between an obligation assumed by a foreign government pursuant to a trade agreement to which both the foreign government and the ,united ,states are parties and the acts1 policies1 or practices of that government2 7,b7 the impact of the acts1 policies1 or practices of a foreign government on maintaining and creating ,united ,states jobs and productive capacity2 7,c7 the major barriers and trade distorting practices described in the most recent ,national ,trade ,estimate required under section #aha7;b72 7,d7 the major barriers and trade distorting practices described in other relevant reports addressing international trade and investment barriers prepared by a ,federal agency or congressional commission during the #ab months preceding the date of the most recent report under paragraph 7#c72 7,e7 a foreign government's compliance with its obligations under any trade agreements to which both the foreign government and the ,united ,states are parties2 7,f7 the implications of a foreign government's procurement plans and policies2 and 7,g7 the international competitive position and export potential of ,united ,states products and services4 7#c7 ,report on trade enforcement priorities and actions taken to address 7,a7 ,in general ,not later than ,july #ca of each calendar year that begins after the date of the enactment of the ,trade ,facilitation and ,trade ,enforcement ,act of #bjae1 the ,trade ,representative shall submit to the ,committee on ,finance of the ,senate and the ,committee on ,ways and ,means of the ,house of ,representatives a report on acts1 policies1 or practices of foreign governments identified as trade enforcement priorities based on the consultations under paragraph 7#a7 and the criteria set forth in paragraph 7#b74 7,b7 ,report in subsequent years ,the ,trade ,representative shall include1 when reporting under subparagraph 7,a7 in any calendar year after the calendar year that begins after the date of the enactment of the ,trade ,facilitation and ,trade ,enforcement ,act of #bjae1 a description of actions taken to address any acts1 policies1 or practices of foreign governments identified as trade enforcement priorities under this subsection in the calendar year preceding that report and1 as relevant1 any year before that calendar year4 7b7 ,semi-annual enforcement consultations 7#a7 ,in general ,at the same time as the reporting under subsection 7a77#c71 and not later than ,january #ca of each following year1 the ,trade ,representative shall consult with the ,committee on ,finance of the ,senate and the ,committee on ,ways and ,means of the ,house of ,representatives with respect to the identification1 prioritization1 investigation1 and resolution of acts1 policies1 or practices of foreign governments of concern with respect to obligations under the ,,wto ,agreements or any other trade agreement to which the ,united ,states is a party1 or that otherwise create or maintain trade barriers4 7#b7 ,acts1 policies1 or practices of concern ,the semi-annual enforcement consultations required by paragraph 7#a7 shall address acts1 policies1 or practices of foreign governments that raise concerns with respect to obligations under the ,,wto ,agreements or any other trade agreement to which the ,united ,states is a party1 or otherwise create or maintain trade barriers1 including-- 7,a7 engagement with relevant trading partners2 7,b7 strategies for addressing such concerns2 7,c7 availability and deployment of resources to be used in the investigation or resolution of such concerns2 7,d7 the merits of any potential dispute resolution proceeding under the ,,wto ,agreements or any other trade agreement to which the ,united ,states is a party relating to such concerns2 and 7,e7 any other aspects of such concerns4 7#c7 ,active investigations ,the semi-annual enforcement consultations required by paragraph 7#a7 shall address acts1 policies1 or practices that the ,trade ,representative is actively investigating with respect to obligations under the ,,wto ,agreements or any other trade agreement to which the ,united ,states is a party1 including-- 7,a7 strategies for addressing concerns raised by such acts1 policies1 or practices2 7,b7 any relevant timeline with respect to investigation of such acts1 policies1 or practices2 7,c7 the merits of any potential dispute resolution proceeding under the ,,wto ,agreements or any other trade agreement to which the ,united ,states is a party with respect to such acts1 policies1 or practices2 7,d7 barriers to the advancement of the investigation of such acts1 policies1 or practices2 and 7,e7 any other matters relating to the investigation of such acts1 policies1 or practices4 7#d7 ,ongoing enforcement actions ,the semi-annual enforcement consultations required by paragraph 7#a7 shall address all ongoing enforcement actions taken by or against the ,united ,states with respect to obligations under the ,,wto ,agreements or any other trade agreement to which the ,united ,states is a party1 including-- 7,a7 any relevant timeline with respect to such actions2 7,b7 the merits of such actions2 7,c7 any prospective implementation actions2 7,d7 potential implications for any law or regulation of the ,united ,states2 7,e7 potential implications for ,united ,states stakeholders1 domestic competitors1 and exporters2 and 7,f7 other issues relating to such actions4 7#e7 ,enforcement resources ,the semi-annual enforcement consultations required by paragraph 7#a7 shall address the availability and deployment of enforcement resources1 resource constraints on monitoring and enforcement activities1 and strategies to address those constraints1 including the use of available resources of other ,federal agencies to enhance monitoring and enforcement capabilities4 7c7 ,investigation and resolution ,in the case of any acts1 policies1 or practices of a foreign government identified as a trade enforcement priority under subsection 7a71 the ,trade ,representative shall1 not later than the date of the first semi-annual enforcement consultations held under subsection 7b7 after the identification of the priority1 take appropriate action to address that priority1 including-- 7#a7 engagement with the foreign government to resolve concerns raised by such acts1 policies1 or practices2 7#b7 initiation of an investigation under section #cjb7;b77#a7 with respect to such acts1 policies1 or practices2 7#c7 initiation of negotiations for a bilateral agreement that provides for resolution of concerns raised by such acts1 policies1 or practices2 or 7#d7 initiation of dispute settlement proceedings under the ,,wto ,agreements or any other trade agreement to which the ,united ,states is a party with respect to such acts1 policies1 or practices4 7d7 ,enforcement notifications and consultation 7#a7 ,initiation of enforcement action ,the ,trade ,representative shall notify and consult with the ,committee on ,finance of the ,senate and the ,committee on ,ways and ,means of the ,house of ,representatives in advance of initiation of any formal trade dispute by or against the ,united ,states taken in regard to an obligation under the ,,wto ,agreements or any other trade agreement to which the ,united ,states is a party4 ,with respect to a formal trade dispute against the ,united ,states1 if advance notification and consultation are not possible1 the ,trade ,representative shall notify and consult at the earliest practicable opportunity after initiation of the dispute4 7#b7 ,circulation of reports ,the ,trade ,representative shall notify and consult with the ,committee on ,finance of the ,senate and the ,committee on ,ways and ,means of the ,house of ,representatives in advance of the announced or anticipated circulation of any report of a dispute settlement panel or the ,appellate ,body of the ,world ,trade ,organization or of a dispute settlement panel under any other trade agreement to which the ,united ,states is a party with respect to a formal trade dispute by or against the ,united ,states4 7e7 ,definitions ,in this section3 7#a7 ,,wto ,the term ,,wto means the ,world ,trade ,organization4 7#b7 ,,wto agreement ,the term ,,wto ,agreement has the meaning given that term in section #b7i7 of the ,uruguay ,round ,agreements ,act 7#ai ,u4,s4,c4 #ceja7i774 7#c7 ,,wto agreements ,the term ,,wto ,agreements means the ,,wto ,agreement and agreements annexed to that ,agreement4 4 7b7 ,clerical amendment ,the table of contents for the ,trade ,act of #aigd is amended by striking the item relating to section #caj and inserting the following3 4 ,sec4 #caj4 ,trade enforcement priorities4 4 #fjb4 ,exercise of ,,wto authorization to suspend concessions or other obligations under trade agreements 7a7 ,in general ,section #cjf of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #bdaf7 is amended-- 7#a7 by redesignating subsection 7c7 as subsection 7d72 and 7#b7 by inserting after subsection 7b7 the following3 7c7 ,exercise of ,,wto authorization to suspend concessions or other obligations ,if-- 7#a7 action has terminated pursuant to section #cjg7;c71 7#b7 the petitioner or any representative of the domestic industry that would benefit from reinstatement of action has submitted to the ,trade ,representative a written request for reinstatement of action1 and 7#c7 the ,trade ,representatives has completed the requirements of subsection 7d7 and section #cjg7;c77#c71 the ,trade ,representative may at any time determine to take action under section #cja7;c7 to exercise an authorization to suspend concessions or other obligations under ,article #bb of the ,understanding on ,rules and ,procedures ,governing the ,settlement of ,disputes 7referred to in section #aja7;d77#af7 of the ,uruguay ,round ,agreements ,act 7#ai ,u4,s4,c4 #ceaa7;d77#af7774 4 7b7 ,conforming amendments ,chapter #a of title ,,iii of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #bdaa et seq47 is amended-- 7#a7 in section #cja7;c77#a7 7#ai ,u4,s4,c4 #bdaa7;c77#a771 in the matter preceding subparagraph 7,a71 by inserting or section #cjf7;c7 after subsection 7a7 or 7b72 7#b7 in section #cjf7;b7 7#ai ,u4,s4,c4 #bdaf7;b771 in the subsection heading1 by striking ,further ,action and inserting ,action on the ,basis of ,monitoring2 7#c7 in section #cjf7;d7 7#ai ,u4,s4,c4 #bdaf7;d771 as redesignated by subsection 7a77#a71 by inserting or 7c7 after subsection 7b72 and 7#d7 in section #cjg7;c77#c7 7#ai ,u4,s4,c4 #bdag7;c77#c771 by inserting or if a request is submitted to the ,trade ,representative under section #cjf7;c77#b7 to reinstate action1 after under section #cja14 #fjc4 ,trade monitoring 7a7 ,in general ,chapter #a of title ,,ii of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #bbea et seq47 is amended by adding at the end the following3 #bje4 ,trade monitoring 7a7 ,monitoring tool for imports 7#a7 ,in general ,not later than #ahj days after the date of the enactment of the ,trade ,facilitation and ,trade ,enforcement ,act of #bjae1 the ,united ,states ,international ,trade ,commission shall make available on a website of the ,commission an import monitoring tool to allow the public access to data on the volume and value of goods imported to the ,united ,states for the purpose of assessing whether such data has changed with respect to such goods over a period of time4 7#b7 ,data described ,for purposes of the monitoring tool under paragraph 7#a71 the ,commission shall use data compiled by the ,department of ,commerce and such other government data as the ,commission considers appropriate4 7#c7 ,periods of time ,the ,commission shall ensure that data accessed through the monitoring tool under paragraph 7#a7 includes data for the most recent quarter for which such data are available and previous quarters as the ,commission considers practicable4 7b7 ,monitoring reports 7#a7 ,in general ,not later than #bgj days after the date of the enactment of this section1 and not less frequently than quarterly thereafter1 the ,secretary of ,commerce shall publish on a website of the ,department of ,commerce1 and notify the ,committee on ,finance of the ,senate and the ,committee on ,ways and ,means of the ,house of ,representatives of the availability of1 a monitoring report on changes in the volume and value of trade with respect to imports and exports of goods categorized based on the #f-;digit subheading number of the goods under the ,harmonized ,tariff ,schedule of the ,united ,states during the most recent quarter for which such data are available and previous quarters as the ,secretary considers practicable4 7#b7 ,requests for ,comment ,not later than one year after the date of the enactment of this section1 the ,secretary of ,commerce shall solicit through the ,federal ,register public comment on the monitoring reports described in paragraph 7#a74 7c7 ,sunset ,the requirements under this section terminate on the date that is seven years after the date of the enactment of this section4 4 7b7 ,clerical amendment ,the table of contents for the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #baja et seq47 is amended by inserting after the item relating to section #bjd the following3 ,sec4 #bje4 ,trade monitoring4 4 ,,vii ,currency manipulation #gja4 ,enhancement of engagement on currency exchange rate and economic policies with certain major trading partners of the ,united ,states 7a7 ,major trading partner report 7#a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 and not less frequently than once every #ahj days thereafter1 the ,secretary shall submit to the appropriate committees of ,congress a report on the macroeconomic and currency exchange rate policies of each country that is a major trading partner of the ,united ,states4 7#b7 ,elements 7,a7 ,in general ,each report submitted under paragraph 7#a7 shall contain-- 7i7 for each country that is a major trading partner of the ,united ,states-- 7,i7 that country's bilateral trade balance with the ,united ,states2 7,,ii7 that country's current account balance as a percentage of its gross domestic product2 7,,iii7 the change in that country's current account balance as a percentage of its gross domestic product during the #c-year period preceding the submission of the report2 7,,iv7 that country's foreign exchange reserves as a percentage of its short-term debt2 and 7,v7 that country's foreign exchange reserves as a percentage of its gross domestic product2 and 7ii7 an enhanced analysis of macroeconomic and exchange rate policies for each country that is a major trading partner of the ,united ,states that has-- 7,i7 a significant bilateral trade surplus with the ,united ,states2 7,,ii7 a material current account surplus2 and 7,,iii7 engaged in persistent one-sided intervention in the foreign exchange market4 7,b7 ,enhanced analysis ,each enhanced analysis under subparagraph 7,a77ii7 shall include1 for each country with respect to which an analysis is made under that subparagraph-- 7i7 a description of developments in the currency markets of that country1 including1 to the greatest extent feasible1 developments with respect to currency interventions2 7ii7 a description of trends in the real effective exchange rate of the currency of that country and in the degree of undervaluation of that currency2 7iii7 an analysis of changes in the capital controls and trade restrictions of that country2 7iv7 patterns in the reserve accumulation of that country2 and 7v7 an analysis of the macroeconomic policy mix of that country and its pattern of savings-investment imbalances4 7#c7 ,guidance ,the ,secretary shall publicly issue guidance not later than #ij days after the date of enactment of the ,act that describes the factors used to assess under paragraph 7#b77;,a77ii7 whether a country has a significant bilateral trade surplus with the ,united ,states1 has a material current account surplus1 and has engaged in persistent one-sided intervention in the foreign exchange market4 7b7 ,engagement on exchange rate and economic policies 7#a7 ,in general ,the ,president1 through the ,secretary1 shall commence enhanced bilateral engagement with each country for which an enhanced analysis of macroeconomic and currency exchange rate policies is included in the report submitted under subsection 7a71 in order to1 as appropriate-- 7,a7 urge implementation of policies to address the causes of the undervaluation of its currency1 its bilateral trade surplus with the ,united ,states1 and its material current account surplus1 including undervaluation and surpluses relating to exchange rate management2 7,b7 express the concern of the ,united ,states with respect to the adverse trade and economic effects of that undervaluation and those surpluses2 and_/or 7,c7 advise that country of the ability of the ,president to take action under subsection 7c74 7#b7 ,waiver 7,a7 ,in general ,the ,secretary may waive the requirement under subsection 7b77#a7 to commence enhanced bilateral engagement with a country if the ,secretary determines that commencing enhanced bilateral engagement with the country-- 7i7 would have an adverse impact on the ,united ,states economy greater than the benefits of such action2 or 7ii7 would cause serious harm to the national security of the ,united ,states4 7,b7 ,certification ,the ,secretary shall promptly certify to ,congress a determination under subparagraph 7,a74 7c7 ,remedial action 7#a7 ,in general ,if1 on or after the date that is one year after the commencement of enhanced bilateral engagement by the ,president1 through the ,secretary1 with respect to a country under subsection 7b77#a71 the ,secretary determines that the country has failed to adopt appropriate policies to correct the undervaluation and surpluses described in subsection 7b77#a77;,a7 with respect to that country1 the ,president shall take one or more of the following actions3 7,a7 ,prohibit the ,overseas ,private ,investment ,corporation from approving any new financing 7including any insurance1 reinsurance1 or guarantee7 with respect to a project located in that country on and after such date4 7,b7 ,except as provided in paragraph 7#b71 and pursuant to paragraph 7#c71 prohibit the ,federal ,government from procuring1 or entering into any contract for the procurement of1 goods or services from that country on and after such date4 7,c7 ,instruct the ,united ,states ,executive ,director of the ,international ,monetary ,fund to call for additional rigorous surveillance of the macroeconomic and exchange rate policies of that country and1 as appropriate1 formal consultations on findings of currency manipulation4 7,d7 ,instruct the ,united ,states ,trade ,representative to take into account1 in consultation with the ,secretary1 in assessing whether to enter into a bilateral or regional trade agreement with that country or to initiate or participate in negotiations with respect to a bilateral or regional trade agreement with that country1 the extent to which that country has failed to adopt appropriate policies to correct the undervaluation and surpluses described in subsection 7b77#a77;,a74 7#b7 ,waiver 7,a7 ,in general ,the ,president may waive the requirement under paragraph 7#a7 to take remedial action if the ,president determines that taking remedial action under paragraph 7#a7 would-- 7i7 have an adverse impact on the ,united ,states economy greater than the benefits of taking remedial action2 or 7ii7 would cause serious harm to the national security of the ,united ,states4 7,b7 ,certification ,the ,president shall promptly certify to ,congress a determination under subparagraph 7,a74 7#c7 ,exception ,the ,president may not apply a prohibition under paragraph 7#a77;,b7 in a manner that is inconsistent with ,united ,states obligations under international agreements4 7#d7 ,consultations 7,a7 ,office of ,management and ,budget ,before applying a prohibition under paragraph 7#a77;,b71 the ,president shall consult with the ,director of the ,office of ,management and ,budget to determine whether such prohibition would subject the taxpayers of the ,united ,states to unreasonable cost4 7,b7 ,congress ,the ,president shall consult with the appropriate committees of ,congress with respect to any action the ,president takes under paragraph 7#a77;,b71 including whether the ,president has consulted as required under subparagraph 7,a74 7d7 ,definitions ,in this section3 7#a7 ,appropriate committees of ,congress ,the term appropriate committees of ,congress means-- 7,a7 the ,committee on ,banking1 ,housing1 and ,urban ,affairs and the ,committee on ,finance of the ,senate2 and 7,b7 the ,committee on ,financial ,services and the ,committee on ,ways and ,means of the ,house of ,representatives4 7#b7 ,country ,the term country means a foreign country1 dependent territory1 or possession of a foreign country1 and may include an association of #b or more foreign countries1 dependent territories1 or possessions of countries into a customs union outside the ,united ,states4 7#c7 ,real effective exchange rate ,the term real effective exchange rate means a weighted average of bilateral exchange rates1 expressed in price-adjusted terms4 7#d7 ,secretary ,the term ,secretary means the ,secretary of the ,treasury4 #gjb4 ,advisory committee on international exchange rate policy 7a7 ,establishment 7#a7 ,in general ,there is established an ,advisory ,committee on ,international ,exchange ,rate ,policy 7in this section referred to as the ,committee74 7#b7 ,duties ,the ,committee shall be responsible for advising the ,secretary of the ,treasury with respect to the impact of international exchange rates and financial policies on the economy of the ,united ,states4 7b7 ,membership 7#a7 ,in general ,the ,committee shall be composed of #i members as follows1 none of whom shall be employees of the ,federal ,government3 7,a7 ,three members shall be appointed by the ,president pro tempore of the ,senate1 upon the recommendation of the chairmen and ranking members of the ,committee on ,banking1 ,housing1 and ,urban ,affairs and the ,committee on ,finance of the ,senate4 7,b7 ,three members shall be appointed by the ,speaker of the ,house of ,representatives upon the recommendation of the chairmen and ranking members of the ,committee on ,financial ,services and the ,committee on ,ways and ,means of the ,house of ,representatives4 7,c7 ,three members shall be appointed by the ,president4 7#b7 ,qualifications ,members shall be selected under paragraph 7#a7 on the basis of their objectivity and demonstrated expertise in finance1 economics1 or currency exchange4 7#c7 ,terms 7,a7 ,in general ,members shall be appointed for a term of #b years or until the ,committee terminates4 7,b7 ,reappointment ,a member may be reappointed to the ,committee for additional terms4 7#d7 ,vacancies ,any vacancy in the ,committee shall not affect its powers1 but shall be filled in the same manner as the original appointment4 7c7 ,duration of committee 7#a7 ,in general ,the ,committee shall terminate on the date that is #b years after the date of the enactment of this ,act unless renewed by the ,president for a subsequent #b-year period4 7#b7 ,continued renewal ,the ,president may continue to renew the ,committee for successive #b-year periods by taking appropriate action to renew the ,committee prior to the date on which the ,committee would otherwise terminate4 7d7 ,meetings ,the ,committee shall hold not less than #b meetings each calendar year4 7e7 ,chairperson 7#a7 ,in general ,the ,committee shall elect from among its members a chairperson for a term of #b years or until the ,committee terminates4 7#b7 ,reelection2 subsequent terms ,a chairperson of the ,committee may be reelected chairperson but is ineligible to serve consecutive terms as chairperson4 7f7 ,staff ,the ,secretary of the ,treasury shall make available to the ,committee such staff1 information1 personnel1 administrative services1 and assistance as the ,committee may reasonably require to carry out the activities of the ,committee4 7g7 ,application of the federal advisory committee act 7#a7 ,in general ,except as provided in paragraph 7#b71 the provisions of the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app47 shall apply to the ,committee4 7#b7 ,exception ,meetings of the ,committee shall be exempt from the requirements of subsections 7a7 and 7b7 of section #aj and section #aa of the ,federal ,advisory ,committee ,act 7relating to open meetings1 public notice1 public participation1 and public availability of documents71 whenever and to the extent it is determined by the ,president or the ,secretary of the ,treasury that such meetings will be concerned with matters the disclosure of which-- 7,a7 would seriously compromise the development by the ,government of the ,united ,states of monetary or financial policy2 or 7,b7 is likely to-- 7i7 lead to significant financial speculation in currencies1 securities1 or commodities2 or 7ii7 significantly endanger the stability of any financial institution4 7h7 ,authorization of appropriations ,there are authorized to be appropriated to the ,secretary of the ,treasury for each fiscal year in which the ,committee is in effect #a1jjj1jjj to carry out this section4 ,,viii ,establishment of ,u4,s4 ,customs and ,border ,protection #hja4 ,short title ,this title may be cited as the ,u4,s4 ,customs and ,border ,protection ,authorization ,act4 #hjb4 ,establishment of ,u4,s4 ,customs and ,border ,protection 7a7 ,in general ,section #daa of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #baa7 is amended to read as follows3 #daa4 ,establishment of ,u4,s4 ,customs and ,border ,protection2 ,commissioner1 ,deputy ,commissioner1 and operational offices 7a7 ,in general ,there is established in the ,department an agency to be known as ,u4,s4 ,customs and ,border ,protection4 7b7 ,commissioner of ,u4,s4 ,customs and ,border ,protection ,there shall be at the head of ,u4,s4 ,customs and ,border ,protection a ,commissioner of ,u4,s4 ,customs and ,border ,protection 7in this section referred to as the ,commissioner71 who shall be appointed by the ,president1 by and with the advice and consent of the ,senate4 7c7 ,duties ,the ,commissioner shall-- 7#a7 ensure the interdiction of persons and goods illegally entering or exiting the ,united ,states2 7#b7 facilitate and expedite the flow of legitimate travelers and trade2 7#c7 detect1 respond to1 and interdict terrorists1 drug smugglers and traffickers1 human smugglers and traffickers1 and other persons who may undermine the security of the ,united ,states1 in cases in which such persons are entering1 or have recently entered1 the ,united ,states2 7#d7 safeguard the borders of the ,united ,states to protect against the entry of dangerous goods2 7#e7 oversee the functions of the ,office of ,trade established under section #hjb7;h7 of the ,trade ,facilitation and ,trade ,enforcement ,act of #bjae2 7#f7 enforce and administer all customs laws of the ,united ,states1 including the ,tariff ,act of #aicj2 7#g7 enforce and administer all immigration laws1 as such term is defined in paragraph 7#ag7 of section #aja7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a771 as necessary for the inspection1 processing1 and admission of persons who seek to enter or depart the ,united ,states1 and as necessary to ensure the detection1 interdiction1 removal1 departure from the ,united ,states1 short-term detention1 and transfer of persons unlawfully entering1 or who have recently unlawfully entered1 the ,united ,states1 in coordination with ,u4,s4 ,immigration and ,customs ,enforcement and ,united ,states ,citizenship and ,immigration ,services2 7#h7 develop and implement screening and targeting capabilities1 including the screening1 reviewing1 identifying1 and prioritizing of passengers and cargo across all international modes of transportation1 both inbound and outbound2 7#i7 in coordination with the ,secretary1 deploy technology to collect the data necessary for the ,secretary to administer the biometric entry and exit data system pursuant to section #gbjh of the ,intelligence ,reform and ,terrorism ,prevention ,act of #bjjd 7#h ,u4,s4,c4 #acfe;b72 7#aj7 enforce and administer the laws relating to agricultural import and entry inspection referred to in section #dba2 7#aa7 in coordination with the ,under ,secretary for ,management of the ,department1 ensure ,u4,s4 ,customs and ,border ,protection complies with ,federal law1 the ,federal ,acquisition ,regulation1 and the ,department's acquisition management directives for major acquisition programs of ,u4,s4 ,customs and ,border ,protection2 7#ab7 enforce and administer-- 7,a7 the ,container ,security ,initiative program under section #bje of the ,security and ,accountability for ,every ,port ,act of #bjjf 7#f ,u4,s4,c4 #ide2 ,public ,law #aji-cdg72 and 7,b7 the ,customs-,trade ,partnership ,against ,terrorism program under sections #baa through #bbc of such ,act 7#f ,u4,s4,c4 #ifa-igc72 7#ac7 conduct polygraph examinations in accordance with section #c7a7 of the ,anti-,border ,corruption ,act of #bjaj 7,public ,law #aaa-cgf72 7#ad7 establish the standard operating procedures described in subsection 7k72 7#ae7 carry out the training required under subsection 7l72 and 7#af7 carry out other duties and powers prescribed by law or delegated by the ,secretary4 7d7 ,deputy ,commissioner ,there shall be in ,u4,s4 ,customs and ,border ,protection a ,deputy ,commissioner who shall assist the ,commissioner in the management of ,u4,s4 ,customs and ,border ,protection4 7e7 ,u4,s4 ,border ,patrol 7#a7 ,in general ,there is established in ,u4,s4 ,customs and ,border ,protection the ,u4,s4 ,border ,patrol4 7#b7 ,chief ,there shall be at the head of the ,u4,s4 ,border ,patrol a ,chief1 who shall report to the ,commissioner4 7#c7 ,duties ,the ,u4,s4 ,border ,patrol shall-- 7,a7 serve as the law enforcement office of ,u4,s4 ,customs and ,border ,protection with primary responsibility for interdicting persons attempting to illegally enter or exit the ,united ,states or goods being illegally imported into or exported from the ,united ,states at a place other than a designated port of entry2 7,b7 deter and prevent illegal entry of terrorists1 terrorist weapons1 persons1 and contraband2 and 7,c7 carry out other duties and powers prescribed by the ,commissioner4 7f7 ,office of ,air and ,marine ,operations 7#a7 ,in general ,there is established in ,u4,s4 ,customs and ,border ,protection an ,office of ,air and ,marine ,operations4 7#b7 ,assistant commissioner ,there shall be at the head of the ,office of ,air and ,marine ,operations an ,assistant ,commissioner1 who shall report to the ,commissioner4 7#c7 ,duties ,the ,office of ,air and ,marine ,operations shall-- 7,a7 serve as the law enforcement office within ,u4,s4 ,customs and ,border ,protection with primary responsibility to detect1 interdict1 and prevent acts of terrorism and the unlawful movement of people1 illicit drugs1 and other contraband across the borders of the ,united ,states in the air and maritime environment2 7,b7 conduct joint aviation and marine operations with ,u4,s4 ,immigration and ,customs ,enforcement2 7,c7 conduct aviation and marine operations with international1 ,federal1 ,state1 and local law enforcement agencies1 as appropriate2 7,d7 administer the ,air and ,marine ,operations ,center established under paragraph 7#d72 and 7,e7 carry out other duties and powers prescribed by the ,commissioner4 7#d7 ,air and ,marine ,operations ,center 7,a7 ,in general ,there is established in the ,office of ,air and ,marine ,operations an ,air and ,marine ,operations ,center4 7,b7 ,executive director ,there shall be at the head of the ,air and ,marine ,operations ,center an ,executive ,director1 who shall report to the ,assistant ,commissioner of the ,office of ,air and ,marine ,operations4 7,c7 ,duties ,the ,air and ,marine ,operations ,center shall-- 7i7 manage the air and maritime domain awareness of the ,department2 7ii7 monitor and coordinate the airspace for ,unmanned ,aerial ,systems operations of the ,office of ,air and ,marine ,operations in ,u4,s4 ,customs and ,border ,protection2 7iii7 detect1 identify1 and coordinate a response to threats to national security in the air domain2 7iv7 provide aviation and marine support to other ,federal1 ,state1 tribal1 and local agencies2 and 7v7 carry out other duties and powers prescribed by the ,assistant ,commissioner4 7g7 ,office of ,field ,operations 7#a7 ,in general ,there is established in ,u4,s4 ,customs and ,border ,protection an ,office of ,field ,operations4 7#b7 ,assistant commissioner ,there shall be at the head of the ,office of ,field ,operations an ,assistant ,commissioner1 who shall report to the ,commissioner4 7#c7 ,duties ,the ,office of ,field ,operations shall coordinate the enforcement activities of ,u4,s4 ,customs and ,border ,protection at ,united ,states air1 land1 and sea ports of entry to-- 7,a7 deter and prevent terrorists and terrorist weapons from entering the ,united ,states at such ports of entry2 7,b7 conduct inspections at such ports of entry to safeguard the ,united ,states from terrorism and illegal entry of persons2 7,c7 prevent illicit drugs1 agricultural pests1 and contraband from entering the ,united ,states2 7,d7 in coordination with the ,commissioner1 facilitate and expedite the flow of legitimate travelers and trade2 7,e7 administer the ,national ,targeting ,center established under paragraph 7#d72 and 7,f7 carry out other duties and powers prescribed by the ,commissioner4 7#d7 ,national ,targeting ,center 7,a7 ,in general ,there is established in the ,office of ,field ,operations a ,national ,targeting ,center4 7,b7 ,executive ,director ,there shall be at the head of the ,national ,targeting ,center an ,executive ,director1 who shall report to the ,assistant ,commissioner of the ,office of ,field ,operations4 7,c7 ,duties ,the ,national ,targeting ,center shall-- 7i7 serve as the primary forum for targeting operations within ,u4,s4 ,customs and ,border ,protection to collect and analyze traveler and cargo information in advance of arrival in the ,united ,states2 7ii7 identify1 review1 and target travelers and cargo for examination2 7iii7 coordinate the examination of entry and exit of travelers and cargo2 7iv7 develop and conduct commercial risk assessment targeting with respect to cargo destined for the ,united ,states2 7v7 issue ,trade ,alerts pursuant to section #aaa of the ,trade ,facilitation and ,trade ,enforcement ,act of #bjae2 and 7vi7 carry out other duties and powers prescribed by the ,assistant ,commissioner4 7#e7 ,annual report on staffing ,not later than #cj days after the date of the enactment of the ,trade ,facilitation and ,trade ,enforcement ,act of #bjae and annually thereafter1 the ,assistant ,commissioner shall submit to the appropriate congressional committees a report on the staffing model for the ,office of ,field ,operations1 including information on how many supervisors1 front-line ,u4,s4 ,customs and ,border ,protection officers1 and support personnel are assigned to each ,field ,office and port of entry4 7h7 ,office of ,intelligence 7#a7 ,in general ,there is established in ,u4,s4 ,customs and ,border ,protection an ,office of ,intelligence4 7#b7 ,assistant ,commissioner ,there shall be at the head of the ,office of ,intelligence an ,assistant ,commissioner1 who shall report to the ,commissioner4 7#c7 ,duties ,the ,office of ,intelligence shall-- 7,a7 develop1 provide1 coordinate1 and implement intelligence capabilities into a cohesive intelligence enterprise to support the execution of the duties and responsibilities of ,u4,s4 ,customs and ,border ,protection2 7,b7 collect and analyze advance traveler and cargo information2 7,c7 establish1 in coordination with the ,chief ,intelligence ,officer of the ,department1 as appropriate1 intelligence-sharing relationships with ,federal1 ,state1 local1 and tribal agencies and intelligence agencies2 7,d7 conduct risk-based covert testing of ,u4,s4 ,customs and ,border ,protection operations1 including for nuclear and radiological risks2 and 7,e7 carry out other duties and powers prescribed by the ,commissioner4 7i7 ,office of ,international ,affairs 7#a7 ,in general ,there is established in ,u4,s4 ,customs and ,border ,protection an ,office of ,international ,affairs4 7#b7 ,assistant ,commissioner ,there shall be at the head of the ,office of ,international ,affairs an ,assistant ,commissioner1 who shall report to the ,commissioner4 7#c7 ,duties ,the ,office of ,international ,affairs1 in collaboration with the ,office of ,policy of the ,department1 shall-- 7,a7 coordinate and support ,u4,s4 ,customs and ,border ,protection's foreign initiatives1 policies1 programs1 and activities2 7,b7 coordinate and support ,u4,s4 ,customs and ,border ,protection's personnel stationed abroad2 7,c7 maintain partnerships and information sharing agreements and arrangements with foreign governments1 international organizations1 and ,united ,states agencies in support of ,u4,s4 ,customs and ,border ,protection duties and responsibilities2 7,d7 provide necessary capacity building1 training1 and assistance to foreign border control agencies to strengthen global supply chain and travel security1 as appropriate2 7,e7 coordinate mission support services to sustain ,u4,s4 ,customs and ,border ,protection's global activities2 7,f7 coordinate ,u4,s4 ,customs and ,border ,protection's engagement in international negotiations2 and 7,g7 carry out other duties and powers prescribed by the ,commissioner4 7j7 ,office of ,internal ,affairs 7#a7 ,in general ,there is established in ,u4,s4 ,customs and ,border ,protection an ,office of ,internal ,affairs4 7#b7 ,assistant ,commissioner ,there shall be at the head of the ,office of ,internal ,affairs an ,assistant ,commissioner1 who shall report to the ,commissioner4 7#c7 ,duties ,the ,office of ,internal ,affairs shall-- 7,a7 investigate criminal and administrative matters and misconduct by officers1 agents1 and other employees of ,u4,s4 ,customs and ,border ,protection2 7,b7 perform investigations of applicants for employment with ,u4,s4 ,customs and ,border ,protection and periodic reinvestigations 7in accordance with section #cjja of the ,intelligence ,reform and ,terrorism ,prevention ,act of #bjjd 7#ej ,u4,s4,c4 #ccda2 ,public ,law #ajh-deh77 of officers1 agents1 and other employees of ,united ,states ,custom and ,border ,protection1 including investigations to determine suitability for employment and eligibility for access to classified information2 7,c7 manage integrity of ,u4,s4 ,customs and ,border ,protection's counter-intelligence operations1 including conduct of counter-intelligence investigations2 7,d7 conduct research and analysis regarding misconduct of officers1 agents1 and other employees of ,u4,s4 ,customs and ,border ,protection2 and 7,e7 carry out other duties and powers prescribed by the ,commissioner4 7k7 ,standard operating procedures 7#a7 ,in general ,the ,commissioner shall establish-- 7,a7 standard operating procedures for searching1 reviewing1 retaining1 and sharing information contained in communication1 electronic1 or digital devices encountered by ,u4,s4 ,customs and ,border ,protection personnel at ,united ,states ports of entry2 7,b7 standard use of force procedures that officers and agents of ,u4,s4 ,customs and ,border ,protection may employ in the execution of their duties1 including the use of deadly force2 7,c7 a uniform1 standardized1 and publically-available procedure for processing and investigating complaints against officers1 agents1 and employees of ,u4,s4 ,customs and ,border ,protection for violations of professional conduct1 including the timely disposition of complaints and a written notification to the complainant of the status or outcome1 as appropriate1 of the related investigation1 in accordance with section #eeb;a of title #e1 ,united ,states ,code 7commonly referred to as the ,privacy ,act or the ,privacy ,act of #aigd72 7,d7 an internal1 uniform reporting mechanism regarding incidents involving the use of deadly force by an officer or agent of ,u4,s4 ,customs and ,border ,protection1 including an evaluation of the degree to which the procedures required under subparagraph 7,b7 were followed2 and 7,e7 standard operating procedures1 acting through the ,assistant ,commissioner for ,air and ,marine ,operations and in coordination with the ,office for ,civil ,rights and ,civil ,liberties and the ,office of ,privacy of the ,department1 to provide command1 control1 communication1 surveillance1 and reconnaissance assistance through the use of unmanned aerial systems1 including the establishment of-- 7i7 a process for other ,federal1 ,state1 and local law enforcement agencies to submit mission requests2 7ii7 a formal procedure to determine whether to approve or deny such a mission request2 7iii7 a formal procedure to determine how such mission requests are prioritized and coordinated2 and 7iv7 a process regarding the protection and privacy of data and images collected by ,u4,s4 ,customs and ,border ,protection through the use of unmanned aerial systems4 7#b7 ,requirements regarding certain notifications ,the standard operating procedures established pursuant to subparagraph 7,a7 of paragraph 7#a7 shall require-- 7,a7 in the case of a search of information conducted on an electronic device by ,u4,s4 ,customs and ,border ,protection personnel1 the ,commissioner to notify the individual subject to such search of the purpose and authority for such search1 and how such individual may obtain information on reporting concerns about such search2 and 7,b7 in the case of information collected by ,u4,s4 ,customs and ,border ,protection through a search of an electronic device1 if such information is transmitted to another ,federal agency for subject matter assistance1 translation1 or decryption1 the ,commissioner to notify the individual subject to such search of such transmission4 7#c7 ,exceptions 7,a7 ,in general ,the ,commissioner may withhold the notifications required under paragraphs 7#a77;,c7 and 7#b7 if the ,commissioner determines that such notifications would impair national security1 law enforcement1 or other operational interests4 7,b7 ,terrorist watch lists 7i7 ,searches ,if the individual subject to search of an electronic device pursuant to subparagraph 7,a7 of paragraph 7#a7 is included on a ,government-operated or ,government-maintained terrorist watch list1 the notifications required under paragraph 7#b7 shall not apply4 7ii7 ,complaints ,if the complainant using the process established under subparagraph 7,c7 of paragraph 7#a7 is included on a ,government-operated or ,government-maintained terrorist watch list1 the notification required under such subparagraph shall not apply4 7#d7 ,update and review ,the ,commissioner shall review and update every three years the standard operating procedures required under this subsection4 7#e7 ,audits ,the ,inspector ,general of the ,department of ,homeland ,security shall develop and annually administer an auditing mechanism to review whether searches of electronic devices at or between ,united ,states ports of entry are being conducted in conformity with the standard operating procedures required under subparagraph 7,a7 of paragraph 7#a74 ,such audits shall be submitted to the appropriate congressional committees and shall include the following3 7,a7 ,a description of the activities of officers and agents of ,u4,s4 ,customs and ,border ,protection with respect to such searches4 7,b7 ,the number of such searches4 7,c7 ,the number of instances in which information contained in such devices that were subjected to such searches was retained1 copied1 shared1 or entered in an electronic database4 7,d7 ,the number of such devices detained as the result of such searches4 7,e7 ,the number of instances in which information collected from such device was subjected to such searches was transmitted to another ,federal agency1 including whether such transmission resulted in a prosecution or conviction4 7#f7 ,requirements regarding other notifications ,the standard operating procedures established pursuant to subparagraph 7,b7 of paragraph 7#a7 shall require-- 7,a7 in the case of an incident of the use of deadly force by ,u4,s4 ,customs and ,border ,protection personnel1 the ,commissioner to notify the appropriate congressional committees2 and 7,b7 the ,commissioner to provide to such committees a copy of the evaluation pursuant to subparagraph 7,d7 of such paragraph not later than #cj days after completion of such evaluation4 7#g7 ,report on unmanned aerial systems ,the ,commissioner shall submit to the appropriate congressional committees an annual report that reviews whether the use of unmanned aerial systems are being conducted in conformity with the standard operating procedures required under subparagraph 7,e7 of paragraph 7#a74 ,such reports-- 7,a7 shall be submitted with the ,president's annual budget2 7,b7 may be submitted in classified form if the ,commissioner determines that such is appropriate1 and 7,c7 shall include-- 7i7 a detailed description of how1 where1 and for how long data and images collected through the use of unmanned aerial systems by ,u4,s4 ,customs and ,border ,protection is collected and stored2 and 7ii7 a list of ,federal1 ,state1 and local law enforcement agencies that submitted mission requests in the previous year and the disposition of such requests4 7l7 ,training ,the ,commissioner shall require all officers and agents of ,u4,s4 ,customs and ,border ,protection to participate in a specified amount of continuing education 7to be determined by the ,commissioner7 to maintain an understanding of ,federal legal rulings1 court decisions1 and departmental policies1 procedures1 and guidelines4 7m7 ,short term detention standards 7#a7 ,access to food and water ,the ,commissioner shall make every effort to ensure that adequate access to food and water is provided to an individual apprehended and detained at or between a ,united ,states port of entry as soon as practicable following the time of such apprehension or during subsequent short term detention4 7#b7 ,access to information on detainee rights at border patrol processing centers 7,a7 ,in general ,the ,commissioner shall ensure that an individual apprehended by a ,u4,s4 ,border ,patrol agent or an ,office of ,field ,operations officer is provided with information concerning such individual's rights1 including the right to contact a representative of such individual's government for purposes of ,united ,states treaty obligations4 7,b7 ,form ,the information referred to in subparagraph 7,a7 may be provided either verbally or in writing1 and shall be posted in the detention holding cell in which such individual is being held4 ,the information shall be provided in a language understandable to such individual4 7#c7 ,short term detention defined ,in this subsection1 the term short term detention means detention in a ,u4,s4 ,customs and ,border ,protection processing center for #gb hours or less1 before repatriation to a country of nationality or last habitual residence4 7#d7 ,daytime repatriation ,when practicable1 repatriations shall be limited to daylight hours and avoid locations that are determined to have high indices of crime and violence4 7#e7 ,report on procurement process and standards ,not later than #ahj days after the date of the enactment of this section1 the ,comptroller ,general of the ,united ,states shall submit to the appropriate congressional committees a report on the procurement process and standards of entities with which ,u4,s4 ,customs and ,border ,protection has contracts for the transportation and detention of individuals apprehended by agents or officers of ,u4,s4 ,customs and ,border ,protection4 ,such report should also consider the operational efficiency of contracting the transportation and detention of such individuals4 7#f7 ,report on inspections of short-term custody facilities ,the ,commissioner shall-- 7,a7 annually inspect all facilities utilized for short term detention2 and 7,b7 make publically available information collected pursuant to such inspections1 including information regarding the requirements under paragraphs 7#a7 and 7#b7 and1 where appropriate1 issue recommendations to improve the conditions of such facilities4 7n7 ,wait times transparency 7#a7 ,in general ,the ,commissioner shall-- 7,a7 publish live wait times at the #bj ,united ,states airports that support the highest volume of international travel 7as determined by available ,federal flight data72 7,b7 make information about such wait times available to the public in real time through the ,u4,s4 ,customs and ,border ,protection ,web site2 7,c7 submit to the appropriate congressional committees quarterly reports that include compilations of all such wait times and a ranking of such ,united ,states airports by wait times2 and 7,d7 provide adequate staffing at the ,u4,s4 ,customs and ,border ,protection information center to ensure timely access for travelers attempting to submit comments or speak with a representative about their entry experiences4 7#b7 ,calculation ,the wait times referred to in paragraph 7#a77;,a7 shall be determined by calculating the time elapsed between an individual's entry into the ,u4,s4 ,customs and ,border ,protection inspection area and such individual's clearance by a ,u4,s4 ,customs and ,border ,protection officer4 7o7 ,other authorities 7#a7 ,in general ,the ,secretary may establish such other offices or ,assistant ,commissioners 7or other similar officers or officials7 as the ,secretary determines necessary to carry out the missions1 duties1 functions1 and authorities of ,u4,s4 ,customs and ,border ,protection4 7#b7 ,notification ,if the ,secretary exercises the authority provided pursuant to paragraph 7#a71 the ,secretary shall notify the appropriate congressional committees not later than #cj days before exercising such authority4 7p7 ,other ,federal agencies ,nothing in this section may be construed as affecting in any manner the authority1 existing on the date of the enactment of the ,trade ,facilitation and ,trade ,enforcement ,act of #bjae1 of any other ,federal agency1 including the ,transportation ,security ,administration1 with respect to the duties of ,u4,s4 ,customs and ,border ,protection described in subsection 7c74 4 7b7 ,special rules 7#a7 ,treatment ,section #daa of the ,homeland ,security ,act of #bjjb1 as amended by subsection 7a7 of this section1 shall be treated as if included in such ,act as of the date of the enactment of such ,act1 and1 in addition to the functions1 missions1 duties1 and authorities specified in such amended section #daa1 ,u4,s4 ,customs and ,border ,protection shall continue to perform and carry out the functions1 missions1 duties1 and authorities under section #daa of such ,act as in existence on the day before such date of enactment1 and section #dae of such ,act4 7#b7 ,rules of construction 7,a7 ,rules and regulations ,notwithstanding paragraph 7#a71 nothing in this title or any amendment made by this title may be construed as affecting in any manner any rule or regulation issued or promulgated pursuant to any provision of law1 including section #daa of the ,homeland ,security ,act of #bjjb as in existence on the day before the date of the enactment of this ,act1 and any such rule or regulation shall continue to have full force and effect on and after such date4 7,b7 ,other actions ,notwithstanding paragraph 7#a71 nothing in this ,act may be construed as affecting in any manner any action1 determination1 policy1 or decision pursuant to section #daa of the ,homeland ,security ,act of #bjjb as in existence on the day before the date of the enactment of this ,act1 and any such action1 determination1 policy1 or decision shall continue to have full force and effect on and after such date4 7c7 ,continuation in office 7#a7 ,commissioner ,the individual serving as the ,commissioner of ,customs on the day before the date of the enactment of this ,act may serve as the ,commissioner of ,u4,s4 ,customs and ,border ,protection on and after such date of enactment until a ,commissioner of ,u4,s4 ,customs and ,border ,protection is appointed under section #daa of the ,homeland ,security ,act of #bjjb1 as amended by subsection 7a7 of this section4 7#b7 ,other positions ,the individuals serving as ,assistant ,commissioners and other officers and officials under section #daa of the ,homeland ,security ,act of #bjjb on the day before the date of the enactment of this ,act may serve as the appropriate ,assistant ,commissioners and other officers and officials under such section #daa as amended by subsection 7a7 of this section unless the ,commissioner of ,u4,s4 ,customs and ,border ,protection determines that another individual should hold such position or positions4 7d7 ,reference 7#a7 ,title #e ,section #ecad of title #e1 ,united ,states ,code1 is amended by striking ,commissioner of ,customs1 ,department of ,homeland ,security and inserting ,commissioner of ,u4,s4 ,customs and ,border ,protection1 ,department of ,homeland ,security4 7#b7 ,other references ,on and after the date of the enactment of this ,act1 any reference in law or regulations to the ,commissioner of ,customs or the ,commissioner of the ,customs ,service shall be deemed to be a reference to the ,commissioner of ,u4,s4 ,customs and ,border ,protection4 7e7 ,clerical amendment ,the table of contents in section #a7;b7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #aja et seq47 is amended by striking the item relating to section #daa and inserting the following new item3 ,sec4 #daa4 ,establishment of ,u4,s4 ,customs and ,border ,protection2 ,commissioner1 ,deputy ,commissioner1 and operational offices4 4 7f7 ,repeals ,sections #daf and #dah of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #baf and #bah71 and the items relating to such sections in the table of contents in section #a7;b7 of such ,act1 are repealed4 7g7 ,clerical and conforming amendments 7#a7 ,in general ,the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #aja et seq47 is amended-- 7,a7 in title ,i-- 7i7 in section #ajb7;f77#aj7 7#f ,u4,s4,c4 #aab7;f77#aj771 by striking the ,directorate of ,border and ,transportation ,security and inserting the ,commissioner of ,u4,s4 ,customs and ,border ,protection2 and 7ii7 in section #ajc7;a77#a7 7#f ,u4,s4,c4 #aac7;a77#a77-- 7,i7 in subparagraph 7,c71 by striking ,an ,under ,secretary for ,border and ,transportation ,security4 and inserting ,a ,commissioner of ,u4,s4 ,customs and ,border ,protection42 and 7,,ii7 in subparagraph 7,g71 by striking ,a ,director of the ,office of ,counternarcotics ,enforcement4 and inserting ,a ,director of ,u4,s4 ,immigration and ,customs ,enforcement42 and 7,b7 in title ,,iv-- 7i7 by striking the title heading and inserting ,border1 ,maritime1 and ,transportation ,security2 7ii7 in subtitle ,a-- 7,i7 by striking the subtitle heading and inserting ,border1 ,maritime1 and ,transportation ,security ,responsibilities and ,functions2 and 7,,ii7 in section #djb 7#f ,u4,s4,c4 #bjb7-- 7aa7 in the section heading1 by striking ,responsibilities and inserting ,border1 ,maritime1 and ,transportation ,responsibilities2 and 7bb7 by striking 1 acting through the ,under ,secretary for ,border and ,transportation ,security12 7iii7 in subtitle ,b-- 7,i7 by striking the subtitle heading and inserting ,u4,s4 ,customs and ,border ,protection2 7,,ii7 in section #dab7;b7 7#f ,u4,s4,c4 #bab71 by striking the ,united ,states ,customs ,service each place it appears and inserting ,u4,s4 ,customs and ,border ,protection2 7,,iii7 in section #dac 7#f ,u4,s4,c4 #bac71 by striking available to the ,united ,states ,customs ,service or2 7,,iv7 in section #dad 7#f ,u4,s4,c4 #bad71 by striking the ,united ,states ,customs ,service and inserting ,u4,s4 ,customs and ,border ,protection2 and 7,v7 in section #dae 7#f ,u4,s4,c4 #bae7-- 7aa7 in paragraph 7#g71 by inserting before the colon the following3 1 and of ,u4,s4 ,customs and ,border ,protection on the day before the effective date of the ,u4,s4 ,customs and ,border ,protection ,authorization ,act2 and 7bb7 in paragraph 7#h71 by inserting before the colon the following3 1 and of ,u4,s4 ,customs and ,border ,protection on the day before the effective date of the ,u4,s4 ,customs and ,border ,protection ,authorization ,act2 7iv7 in subtitle ,c-- 7,i7 by striking section #dbd 7#f ,u4,s4,c4 #bcd7 and inserting the following new section3 #dbd4 ,preservation of ,transportation ,security ,administration as a distinct entity ,notwithstanding any other provision of this ,act1 the ,transportation ,security ,administration shall be maintained as a distinct entity within the ,department4 2 and 7,,ii7 in section #dcj 7#f ,u4,s4,c4 #bch7-- 7aa7 by amending subsection 7a7 to read as follows3 7a7 ,establishment ,there is established in the ,department an ,office for ,domestic ,preparedness4 2 7bb7 in subsection 7b71 by striking the second sentence2 and 7cc7 in subsection 7c77#g71 by striking ,directorate and inserting ,department2 and 7v7 in subtitle ,d-- 7,i7 in section #dda 7#f ,u4,s4,c4 #bea7-- 7aa7 by striking the section heading and inserting ,transfer of functions2 and 7bb7 by striking ,under ,secretary for ,border and ,transportation ,security and inserting ,secretary2 7,,ii7 in section #ddc 7#f ,u4,s4,c4 #bec7-- 7aa7 in the matter preceding paragraph 7#a71 by striking ,under ,secretary for ,border and ,transportation ,security and inserting ,secretary2 and 7bb7 by striking the ,bureau of ,border ,security and inserting ,u4,s4 ,immigration and ,customs ,enforcement each place it appears2 and 7,,iii7 by amending section #ddd 7#f ,u4,s4,c4 #bed7 to read as follows3 #ddd4 ,employee discipline ,notwithstanding any other provision of law1 the ,secretary may impose disciplinary action on any employee of ,u4,s4 ,immigration and ,customs ,enforcement and ,u4,s4 ,customs and ,border ,protection who willfully deceives ,congress or agency leadership on any matter4 4 7#b7 ,conforming amendments ,section #dja of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #bja7 is repealed4 7#c7 ,clerical amendments ,the table of contents in section #a7;b7 of the ,homeland ,security ,act of #bjjb is amended-- 7,a7 by striking the item relating to title ,,iv and inserting the following3 ,title ,,iv--,border1 ,maritime1 and ,transportation ,security 2 7,b7 by striking the item relating to subtitle ,a of title ,,iv and inserting the following3 ,subtitle ,a--,border1 ,maritime1 and ,transportation ,security ,responsibilities and ,functions 2 7,c7 by striking the item relating to section #dja2 7,d7 by striking the item relating to subtitle ,b of title ,,iv and inserting the following3 ,subtitle ,b--,u4,s4 ,customs and ,border ,protection 2 7,e7 by striking the item relating to section #dda and inserting the following3 ,sec4 #dda4 ,transfer of functions4 2 and 7,f7 by striking the item relating to section #ddb and inserting the following3 ,sec4 #ddb4 ,u4,s4 ,immigration and ,customs ,enforcement4 4 7h7 ,office of ,trade 7#a7 ,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 ,in general ,there is established in ,u4,s4 ,customs and ,border ,protection an ,office of ,trade4 7b7 ,assistant commissioner 7#a7 ,in general ,there shall be at the head of the ,office of ,trade an ,assistant ,commissioner1 who shall report to the ,commissioner of ,u4,s4 ,customs and ,border ,protection4 7#b7 ,qualifications ,the ,assistant ,commissioner shall have a minimum of #aj years of professional experience with the customs and trade laws of the ,united ,states4 7#c7 ,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 7c7 ,duties ,the ,office of ,trade shall-- 7#a7 direct the development and implementation1 pursuant to the customs and trade laws of the ,united ,states1 of policies and regulations administered by ,u4,s4 ,customs and ,border ,protection2 7#b7 advise the ,commissioner with respect to the impact on trade facilitation and trade enforcement of any policy or regulation otherwise proposed or administered by ,u4,s4 ,customs and ,border ,protection2 7#c7 coordinate and cooperate with the ,assistant ,commissioner for the ,office of ,field ,operations with respect to the trade facilitation and trade enforcement activities of ,u4,s4 ,customs and ,border ,protection carried out at the land borders and ports of entry of the ,united ,states2 7#d7 direct the development and implementation of matters relating to the priority trade issues identified by the ,commissioner of ,u4,s4 ,customs and ,border ,protection 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 advise the ,commissioner of ,u4,s4 ,customs and ,border ,protection with respect to the development and implementation of the joint strategic plan2 7#f7 direct the trade enforcement activities of ,u4,s4 ,customs and ,border ,protection2 7#g7 oversee the trade modernization activities of ,u4,s4 ,customs and ,border ,protection1 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 ,treasury pursuant to section #daa7;d7 of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #adaa7;d772 7#h7 direct the administration of customs revenue functions as otherwise provided by law or delegated by the ,commissioner of ,u4,s4 ,customs and ,border ,protection2 and 7#i7 prepare an annual report to be submitted to the ,committee on ,finance of the ,senate and the ,committee on ,ways and ,means of the ,house of ,representatives not later than ,march #a of each calendar year that includes-- 7,a7 a summary of the changes to customs policies and regulations adopted by ,u4,s4 ,customs and ,border ,protection during the preceding calendar year2 and 7,b7 a description of the public vetting and interagency consultation that occurred with respect to each such change4 7d7 ,transfer of assets1 functions1 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 ,act of #bjae1 the ,commissioner shall transfer the assets1 functions1 personnel1 and liabilities of the ,office of ,international ,trade to the ,office of ,trade established under subsection 7b74 7,b7 ,elimination ,not later than #cj days after the date of enactment of the ,trade ,facilitation and ,trade ,enforcement ,act of #bjae1 the ,office of ,international ,trade shall be abolished4 7,c7 ,limitation on funds ,no funds appropriated to ,u4,s4 ,customs and ,border ,protection 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 by section #b of the ,act of ,march #c1 #aibg 7#dd4 ,stat4 #acha1 chapter #cdh2 #ai ,u4,s4,c4 #bjgb71 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 ,act of #bjae4 7#b7 ,other transfers 7,a7 ,in general ,the ,commissioner is authorized to transfer any other assets1 functions1 or personnel within ,u4,s4 ,customs and ,border ,protection to the ,office of ,trade established under subsection 7d74 7,b7 ,congressional notification ,not less than #ij days prior to the transfer of assets1 functions1 or personnel under subparagraph 7,a77i71 the ,commissioner shall notify the ,committee on ,finance of the ,senate1 the ,committee on ,homeland ,security and ,government ,affairs of the ,senate1 the ,committee on ,ways and ,means of the ,house of ,representatives1 and the ,committee on ,homeland ,security of the ,house of ,representatives of the specific assets1 functions1 or personnel to be transferred1 and the reason for the transfer4 7e7 ,definitions ,in this section1 the terms customs and trade laws of the ,united ,states1 trade enforcement1 and trade facilitation have the meanings given such terms in section #b of the ,trade ,facilitation and ,trade ,enforcement ,act of #bjae4 4 7#b7 ,continuation in office ,the individual serving as the ,assistant ,commissioner of the ,office of ,international ,trade on the day before the date of the enactment of this ,act may serve as the ,assistant ,commissioner for ,trade on or after such date of enactment1 at the discretion of the ,commissioner4 7#c7 ,conforming amendments ,section #b of the ,act of ,march #c1 #aibg 7#dd4 ,stat4 #acha1 chapter #cdh2 #ai ,u4,s4,c4 #bjgb71 as added by section #djb of the ,security and ,accountability for ,every ,port ,act of #bjjf 7,public ,law #aji-cdg2 #abj ,stat4 #aibd71 is amended-- 7,a7 by striking subsection 7d72 and 7,b7 by redesignating subsections 7e7 and 7f7 as subsections 7d7 and 7e71 respectively4 7i7 ,reports and assessments 7#a7 ,report on ,business ,transformation ,initiative ,not later than #ij days after the date of the enactment of this ,act1 the ,commissioner of ,u4,s4 ,customs and ,border ,protection shall submit to the ,committee on ,homeland ,security and the ,committee on ,ways and ,means of the ,house of ,representatives and the ,committee on ,homeland ,security and ,governmental ,affairs and the ,committee on ,finance of the ,senate a report on ,u4,s4 ,customs and ,border ,protection's ,business ,transformation ,initiative1 including locations where the ,initiative is deployed1 the types of equipment utilized1 a description of protocols and procedures1 information on wait times at such locations since deployment1 and information regarding the schedule for deployment at new locations4 7#b7 ,port of entry infrastructure needs assessments ,not later #ahj days after the date of the enactment of this ,act1 the ,commissioner of ,u4,s4 ,customs and ,border ,protection shall assess the physical infrastructure and technology needs at the #bj busiest land ports of entry 7as measured by ,u4,s4 ,customs and ,border ,protection7 with a particular attention to identify ways to-- 7,a7 improve travel and trade facilitation2 7,b7 reduce wait times2 7,c7 improve physical infrastructure and conditions for individuals accessing pedestrian ports of entry2 7,d7 enter into long-term leases with nongovernmental and private sector entities2 7,e7 enter into lease-purchase agreements with nongovernmental and private sector entities2 and 7,f7 achieve cost savings through leases described in subparagraphs 7,d7 and 7,e74 7#c7 ,personal searches ,not later than #ij days after the date of the enactment of this ,act1 the ,commissioner of ,u4,s4 ,customs and ,border ,protection shall submit to the ,committee on ,homeland ,security of the ,house of ,representatives and the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate a report on supervisor-approved personal searches conducted in the previous year by ,u4,s4 ,customs and ,border ,protection personnel4 ,such report shall include the number of personal searches conducted in each sector and field office1 the number of invasive personal searches conducted in each sector and field office1 whether personal searches were conducted by ,office of ,field ,operations or ,u4,s4 ,border ,patrol personnel1 and how many personal searches resulted in the discovery of contraband4 7j7 ,trusted traveler programs ,the ,secretary of ,homeland ,security may not enter into or renew an agreement with the government of a foreign country for a trusted traveler program administered by ,u4,s4 ,customs and ,border ,protection unless the ,secretary certifies in writing that such government-- 7#a7 routinely submits to ,,interpol for inclusion in ,,interpol's ,stolen and ,lost ,travel ,documents database information about lost and stolen passports and travel documents of the citizens and nationals of such country2 or 7#b7 makes available to the ,united ,states ,government the information described in paragraph 7#a7 through another means of reporting4 7k7 ,sense of ,congress regarding the ,foreign ,language ,award ,program 7#a7 ,findings ,congress finds the following3 7,a7 ,congress established the ,foreign ,language ,award ,program 7,,flap7 to incentivize employees at ,united ,states ports of entry to utilize their foreign language skills on the job by providing a financial incentive for the use of the foreign language for at least ten percent of their duties after passage of competency tests4 ,,flap incentivizes the use of more than two dozen languages and has been instrumental in identifying and utilizing ,u4,s4 ,customs and ,border ,protection officers and agents who are proficient in a foreign language4 7,b7 ,in #aiic1 ,congress provided for dedicated funding for this program by stipulating that certain fees collected by ,u4,s4 ,customs and ,border ,protection be used to fund ,,flap4 7,c7 ,through ,,flap1 foreign travelers are aided by having an officer at a port of entry who speaks their language1 and ,u4,s4 ,customs and ,border ,protection benefits by being able to focus its border security efforts in a more effective manner4 7#b7 ,sense of ,congress ,it is the sense of ,congress that ,,flap incentivizes ,u4,s4 ,customs and ,border ,protection officers to attain and maintain competency in a foreign language1 thereby improving the efficiency of operations for the functioning of ,u4,s4 ,customs and ,border ,protection's security mission1 making the ,united ,states a more welcoming place when foreign travelers find officers can communicate in their language1 and helping to expedite traveler processing to reduce wait times4 ,,ix ,miscellaneous provisions #ija4 ,de minimis value 7a7 ,de minimis value ,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 7b7 ,effective date ,the amendment made by subsection 7a7 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 #ijb4 ,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 #ijc4 ,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 by striking the ,customs ,service each place it appears and inserting ,u4,s4 ,customs and ,border ,protection2 7#b7 in subsection 7d77#b77;,b71 by striking ,the ,customs ,service and inserting ,u4,s4 ,customs and ,border ,protection2 and 7#c7 in subsection 7g77#b77;,b71 by striking ,secretary's notice and inserting notice under subparagraph 7,a74 #ijd4 ,amendments to chapter #ih of the ,harmonized ,tariff ,schedule of the ,united ,states 7a7 ,articles exported and returned1 advanced or improved abroad 7#a7 ,in general ,u4,s4 ,note #c to subchapter ,,ii of chapter #ih of the ,harmonized ,tariff ,schedule of the ,united ,states is amended by adding at the end the following3 7f7 7#a7 ,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 7#b7 ,if a person chooses to use an inventory management method under this paragraph with respect to fungible articles1 the person shall use the same inventory management method for any other articles with respect to which the person claims fungibility under this paragraph4 7#c7 ,for the purposes of this paragraph-- 7,a7 the term fungible articles means merchandise or articles that1 for commercial purposes1 are identical or interchangeable in all situations2 and 7,b7 the term inventory management method means any method for managing inventory that is based on generally accepted accounting principles4 4 7#b7 ,effective date ,the amendment made by this subsection applies to articles classifiable under subheading #ihjb4jj4dj or #ihjb4jj4ej of the ,harmonized ,tariff ,schedule of the ,united ,states that are entered1 or withdrawn from warehouse for consumption1 on or after the date that is #fj days after the date of the enactment of this ,act4 7b7 ,modification of provisions relating to returned property 7#a7 ,in general ,the article description for heading #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 7#b7 ,effective date ,the amendment made by paragraph 7#a7 applies to articles entered1 or withdrawn from warehouse for consumption1 on or after the date that is #fj days after the date of the enactment of this ,act4 7c7 ,duty-,free treatment for certain ,united ,states ,government property returned to the ,united ,states 7#a7 ,in general ,subchapter ,i of chapter #ih of the ,harmonized ,tariff ,schedule of the ,united ,states is amended by inserting in numerical sequence the following new heading3 #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 7#b7 ,effective date ,the amendment made by paragraph 7#a7 applies to goods entered1 or withdrawn from warehouse for consumption1 on or after the date that is #fj days after the date of the enactment of this ,act4 #ije4 ,exemption from duty of residue of bulk cargo contained in instruments of international traffic previously exported from the ,united ,states 7a7 ,in general ,general ,note #c7;e7 of the ,harmonized ,tariff ,schedule of the ,united ,states is amended-- 7#a7 in subparagraph 7v71 by striking and at the end2 7#b7 in subparagraph 7vi71 by adding and at the end2 7#c7 by inserting after subparagraph 7vi7 7as so amended7 the following new subparagraph3 7vii7 residue of bulk cargo contained in instruments of international traffic previously exported from the ,united ,states1 2 and 7#d7 by adding at the end of the flush text following subparagraph 7vii7 7as so added7 the following3 ,for purposes of subparagraph 7vii7 of this paragraph3 ,the term residue means material of bulk cargo that remains in an instrument of international traffic after the bulk cargo is removed1 with a quantity1 by weight or volume1 not exceeding #g percent of the bulk cargo1 and with no or de minimis value4 ,the term bulk cargo means cargo that is unpackaged and is in either solid1 liquid1 or gaseous form4 ,the term instruments of international traffic means containers or holders1 capable of and suitable for repeated use1 such as lift vans1 cargo vans1 shipping tanks1 skids1 pallets1 caul boards1 and cores for textile fabrics1 arriving 7whether loaded or empty7 in use or to be used in the shipment of merchandise in international traffic1 and any additional articles or classes of articles that the ,commissioner of ,u4,s4 ,customs and ,border ,protection designates as instruments of international traffic44 7b7 ,effective date ,the amendments made by subsection 7a7 take effect on the date of the enactment of this ,act and apply with respect to residue of bulk cargo contained in instruments of international traffic that are imported into the customs territory of the ,united ,states on or after such date of enactment and that previously have been exported from the ,united ,states4 #ijf4 ,drawback and refunds 7a7 ,articles made from imported merchandise ,section #cac7;a7 of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #acac7;a77 is amended by striking the full amount of the duties paid upon the merchandise so used shall be refunded as drawback1 less #a per centum of such duties1 except that such and inserting an amount calculated pursuant to regulations prescribed by the ,secretary of the ,treasury under subsection 7l7 shall be refunded as drawback1 except that4 7b7 ,substitution for drawback purposes ,section #cac7;b7 of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #acac7;b77 is amended-- 7#a7 by striking ,if imported and inserting the following3 7#a7 ,in general ,if imported 2 7#b7 by striking and any other merchandise 7whether imported or domestic7 of the same kind and quality are and inserting or merchandise classifiable under the same #h-;digit ,,hts subheading number as such imported merchandise is2 7#c7 by striking three years and inserting #e years2 7#d7 by striking the receipt of such imported merchandise by the manufacturer or producer of such articles and inserting the date of importation of such imported merchandise2 7#e7 by striking an amount of drawback equal to and all that follows through the end period and inserting an amount calculated pursuant to regulations prescribed by the ,secretary of the ,treasury under subsection 7l71 but only if those articles have not been used prior to such exportation or destruction42 and 7#f7 by adding at the end the following3 7#b7 ,requirements relating to transfer of merchandise 7,a7 ,manufacturers and producers ,drawback shall be allowed under paragraph 7#a7 with respect to an article manufactured or produced using imported merchandise or other merchandise classifiable under the same #h-;digit ,,hts subheading number as such imported merchandise only if the manufacturer or producer of the article received such imported merchandise or such other merchandise1 directly or indirectly1 from the importer4 7,b7 ,exporters and destroyers ,drawback shall be allowed under paragraph 7#a7 with respect to a manufactured or produced article that is exported or destroyed only if the exporter or destroyer received that article1 directly or indirectly1 from the manufacturer or producer4 7,c7 ,evidence of transfer ,transfers of merchandise under subparagraph 7,a7 and transfers of articles under subparagraph 7,b7 may be evidenced by business records kept in the normal course of business and no additional certificates of transfer or manufacture shall be required4 7#c7 ,submission of bill of materials or formula 7,a7 ,in general ,drawback shall be allowed under paragraph 7#a7 with respect to an article manufactured or produced using imported merchandise or other merchandise classifiable under the same #h-;digit ,,hts subheading number as such imported merchandise only if the person making the drawback claim submits with the claim a bill of materials or formula identifying the merchandise and article by the #h-;digit ,,hts subheading number and the quantity of the merchandise4 7,b7 ,bill of materials and formula defined ,in this paragraph1 the terms bill of materials and formula mean records kept in the normal course of business that identify each component incorporated into a manufactured or produced article or that identify the quantity of each element1 material1 chemical1 mixture1 or other substance incorporated into a manufactured article4 7#d7 ,special rule for sought chemical elements 7,a7 ,in general ,for purposes of paragraph 7#a71 a sought chemical element may be-- 7i7 considered imported merchandise1 or merchandise classifiable under the same #h-;digit ,,hts subheading number as such imported merchandise1 used in the manufacture or production of an article as described in paragraph 7#a72 and 7ii7 substituted for source material containing that sought chemical element1 without regard to whether the sought chemical element and the source material are classifiable under the same #h-;digit ,,hts subheading number1 and apportioned quantitatively1 as appropriate4 7,b7 ,sought chemical element defined ,in this paragraph1 the term sought chemical element means an element listed in the ,periodic ,table of ,elements that is imported into the ,united ,states or a chemical compound consisting of those elements1 either separately in elemental form or contained in source material4 4 7c7 ,merchandise not conforming to sample or specifications ,section #cac7;c7 of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #acac7;c77 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 in subparagraph 7,c77ii71 by striking under a certificate of delivery each place it appears2 7,b7 in subparagraph 7,d7-- 7i7 by striking #c and inserting #e2 and 7ii7 by striking the ,customs ,service and inserting ,u4,s4 ,customs and ,border ,protection2 and 7,c7 in the flush text at the end1 by striking the full amount of the duties paid upon such merchandise1 less #a percent1 and inserting an amount calculated pursuant to regulations prescribed by the ,secretary of the ,treasury under subsection 7l72 7#b7 in paragraph 7#b71 by striking the ,customs ,service and inserting ,u4,s4 ,customs and ,border ,protection2 and 7#c7 by amending paragraph 7#c7 to read as follows3 7#c7 ,evidence of transfers ,transfers of merchandise under paragraph 7#a7 may be evidenced by business records kept in the normal course of business and no additional certificates of transfer shall be required4 4 7d7 ,proof of exportation ,section #cac7;i7 of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #acac7;i77 is amended to read as follows3 7i7 ,proof of exportation ,a person claiming drawback under this section based on the exportation of an article shall provide proof of the exportation of the article4 ,such proof of exportation-- 7#a7 shall establish fully the date and fact of exportation and the identity of the exporter2 and 7#b7 may be established through the use of records kept in the normal course of business or through an electronic export system of the ,united ,states ,government1 as determined by the ,commissioner of ,u4,s4 ,customs and ,border ,protection4 4 7e7 ,unused merchandise drawback ,section #cac7;j7 of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #acac7;j77 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 in subparagraph 7,a71 in the matter preceding clause 7i7-- 7i7 by striking #c-year and inserting #e-year2 and 7ii7 by inserting and before the drawback claim is filed after the date of importation2 and 7,b7 in the flush text at the end1 by striking #ii percent of the amount of each duty1 tax1 or fee so paid and inserting an amount calculated pursuant to regulations prescribed by the ,secretary of the ,treasury under subsection 7l72 7#b7 in paragraph 7#b7-- 7,a7 in the matter preceding subparagraph 7,a71 by striking paragraph 7#d7 and inserting paragraphs 7#d71 7#e71 and 7#f72 7,b7 in subparagraph 7,a71 by striking commercially interchangeable with and inserting classifiable under the same #h-;digit ,,hts subheading number as2 7,c7 in subparagraph 7,b7-- 7i7 by striking #c-year and inserting #e-year2 and 7ii7 by inserting and before the drawback claim is filed after the imported merchandise2 and 7,d7 in subparagraph 7,c77ii71 by striking subclause 7,,ii7 and inserting the following3 7,,ii7 received the imported merchandise1 other merchandise classifiable under the same #h-;digit ,,hts subheading number as such imported merchandise1 or any combination of such imported merchandise and such other merchandise1 directly or indirectly from the person who imported and paid any duties1 taxes1 and fees imposed under ,federal law upon importation or entry and due on the imported merchandise 7and any such transferred merchandise1 regardless of its origin1 will be treated as the imported merchandise and any retained merchandise will be treated as domestic merchandise72 2 7,e7 in the flush text at the end-- 7i7 by striking the amount of each such duty1 tax1 and fee and all that follows through #ii percent of that duty1 tax1 or fee and inserting an amount calculated pursuant to regulations prescribed by the ,secretary of the ,treasury under subsection 7l7 shall be refunded as drawback2 and 7ii7 by striking the last sentence and inserting the following3 ,notwithstanding subparagraph 7,a71 drawback shall be allowed under this paragraph with respect to wine if the imported wine and the exported wine are of the same color and the price variation between the imported wine and the exported wine does not exceed #ej percent4 ,transfers of merchandise may be evidenced by business records kept in the normal course of business and no additional certificates of transfer shall be required42 and 7#c7 in paragraph 7#c77;,b71 by striking the commercially interchangeable merchandise and inserting merchandise classifiable under the same #h-;digit ,,hts subheading number as such imported merchandise2 and 7#d7 by adding at the end the following3 7#e7 7,a7 ,for purposes of paragraph 7#b7 and except as provided in subparagraph 7,b71 merchandise may not be substituted for imported merchandise for drawback purposes based on the #h-;digit ,,hts subheading number if the article description for the #h-;digit ,,hts subheading number under which the imported merchandise is classified begins with the term other4 7,b7 ,in cases described in subparagraph 7,a71 merchandise may be substituted for imported merchandise for drawback purposes if-- 7i7 the other merchandise and such imported merchandise are classifiable under the same #aj-;digit ,,hts statistical reporting number2 and 7ii7 the article description for that #aj-;digit ,,hts statistical reporting number does not begin with the term other4 7#f7 7,a7 ,for purposes of paragraph 7#b71 a drawback claimant may use the first #h digits of the #aj-;digit ,schedule ,b number for merchandise or an article to determine if the merchandise or article is classifiable under the same #h-;digit ,,hts subheading number as the imported merchandise1 without regard to whether the ,schedule ,b number corresponds to more than one #h-;digit ,,hts subheading number4 7,b7 ,in this paragraph1 the term ,schedule ,b means the ,department of ,commerce ,schedule ,b1 ,statistical ,classification of ,domestic and ,foreign ,commodities ,exported from the ,united ,states4 4 7f7 ,liability for drawback claims ,section #cac7k7 of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #acac7k77 is amended to read as follows3 7k7 ,liability for drawback claims 7#a7 ,in general ,any person making a claim for drawback under this section shall be liable for the full amount of the drawback claimed4 7#b7 ,liability of importers ,an importer shall be liable for any drawback claim made by another person with respect to merchandise imported by the importer in an amount equal to the lesser of-- 7,a7 the amount of duties1 taxes1 and fees that the person claimed with respect to the imported merchandise2 or 7,b7 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 paragraphs 7#a7 and 7#b7 shall be jointly and severally liable for the amount described in paragraph 7#b74 4 7g7 ,regulations ,section #cac7l7 of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #acac7l77 is amended to read as follows3 7l7 ,regulations 7#a7 ,in general ,allowance of the privileges provided for in this section shall be subject to compliance with such rules and regulations as the ,secretary of the ,treasury shall prescribe4 7#b7 ,calculation of drawback 7,a7 ,in general ,not later than the date that is #b years after the date of the enactment of the ,trade ,facilitation and ,trade ,enforcement ,act of #bjae 7or1 if later1 the effective date provided for in section #ijf7q77#b77;,b7 of that ,act71 the ,secretary shall prescribe regulations for determining the calculation of amounts refunded as drawback under this section4 7,b7 ,claims with respect to unused merchandise ,the regulations required by subparagraph 7,a7 for determining the calculation of amounts refunded as drawback under this section shall provide for a refund of equal to #ii percent of the duties1 taxes1 and fees paid with respect to the imported merchandise1 except that where there is substitution of the merchandise or article1 then-- 7i7 in the case of an article that is exported1 the amount of the refund shall be equal to #ii percent of the lesser of-- 7,i7 the amount of duties1 taxes1 and fees paid with respect to the imported merchandise2 or 7,,ii7 the amount of duties1 taxes1 and fees that would apply to the exported article if the exported article were imported2 and 7ii7 in the case of an article that is destroyed1 the amount of the refund shall be an amount that is-- 7,i7 equal to #ii percent of the lesser of-- 7aa7 the amount of duties1 taxes1 and fees paid with respect to the imported merchandise2 and 7bb7 the amount of duties1 taxes1 and fees that would apply to the destroyed article if the destroyed article were imported2 and 7,,ii7 reduced by the value of materials recovered during destruction as provided in subsection 7x74 7,c7 ,claims with respect to articles into which substitute merchandise is incorporated ,the regulations required by subparagraph 7,a7 for determining the calculation of amounts refunded as drawback under this section shall provide for a refund of #ii percent of the duties1 taxes1 and fees paid with respect to the imported merchandise incorporated into an article that is exported or destroyed1 except that where there is substitution of the imported merchandise1 then-- 7i7 in the case of an article that is exported1 the amount of the refund shall be equal to #ii percent of the lesser of-- 7,i7 the amount of duties1 taxes1 and fees paid with respect to the imported merchandise2 or 7,,ii7 the amount of duties1 taxes1 and fees that would apply to the substituted merchandise if the substituted merchandise were imported2 and 7ii7 in the case of an article that is destroyed1 the amount of the refund shall be an amount that is-- 7,i7 equal to #ii percent of the lesser of-- 7aa7 the amount of duties1 taxes1 and fees paid with respect to the imported merchandise2 and 7bb7 the amount of duties1 taxes1 and fees that would apply to the substituted merchandise if the substituted merchandise were imported2 and 7,,ii7 reduced by the value of materials recovered during destruction as provided in subsection 7x74 7#c7 ,status reports on regulations ,not later than the date that is one year after the date of the enactment of the ,trade ,facilitation and ,trade ,enforcement ,act of #bjae1 and annually thereafter until the regulations required by paragraph 7#b7 are final1 the ,secretary shall submit to ,congress a report on the status of those regulations4 4 7h7 ,substitution of finished petroleum derivatives ,section #cac7p7 of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #acac7p77 is amended-- 7#a7 by striking ,harmonized ,tariff ,schedule of the ,united ,states each place it appears and inserting ,,hts2 and 7#b7 in paragraph 7#c77;,a7-- 7,a7 in clause 7ii77,,iii71 by striking 1 as so certified in a certificate of delivery or certificate of manufacture and delivery2 and 7,b7 in the flush text at the end-- 7i7 by striking 1 so designated on the certificate of delivery or certificate of manufacture and delivery2 and 7ii7 by striking the last sentence and inserting the following3 ,the party transferring the merchandise shall maintain records kept in the normal course of business to demonstrate the transfer44 7i7 ,packaging material ,section #cac7q7 of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #acac7q77 is amended-- 7#a7 in paragraph 7#a71 by striking of #ii percent of any duty1 tax1 or fee imposed under ,federal law on such imported material and inserting in an amount calculated pursuant to regulations prescribed by the ,secretary of the ,treasury under subsection 7l72 7#b7 in paragraph 7#b71 by striking of #ii percent of any duty1 tax1 or fee imposed under ,federal law on the imported or substituted merchandise used to manufacture or produce such material and inserting in an amount calculated pursuant to regulations prescribed by the ,secretary of the ,treasury under subsection 7l72 and 7#c7 in paragraph 7#c71 by striking they contain and inserting it contains4 7j7 ,filing of drawback claims ,section #cac7r7 of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #acac7r77 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 by striking the first sentence and inserting the following3 ,a drawback entry shall be filed or applied for1 as applicable1 not later than #e years after the date on which merchandise on which drawback is claimed was imported42 7,b7 in the second sentence1 by striking #c-year and inserting #e-year2 and 7,c7 in the third sentence1 by striking the ,customs ,service and inserting ,u4,s4 ,customs and ,border ,protection2 7#b7 in paragraph 7#c7-- 7,a7 in subparagraph 7,a7-- 7i7 in the matter preceding clause 7i71 by striking ,the ,customs ,service and inserting ,u4,s4 ,customs and ,border ,protection2 7ii7 in clauses 7i7 and 7ii71 by striking the ,customs ,service each place it appears and inserting ,u4,s4 ,customs and ,border ,protection2 and 7iii7 in clause 7ii77,i71 by striking #c-year and inserting #e-year2 and 7,b7 in subparagraph 7,b71 by striking the periods of time for retaining records set forth in subsection 7t7 of this section and and inserting the period of time for retaining records set forth in 2 and 7#c7 by adding at the end the following3 7#d7 ,all drawback claims filed on and after the date that is #b years after the date of the enactment of the ,trade ,facilitation and ,trade ,enforcement ,act of #bjae 7or1 if later1 the effective date provided for in section #ijf7q77#b77;,b7 of that ,act7 shall be filed electronically4 4 7k7 ,designation of merchandise by successor ,section #cac7s7 of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #acac7s77 is amended-- 7#a7 in paragraph 7#b71 by striking subparagraph 7,b7 and inserting the following3 7,b7 subject to paragraphs 7#e7 and 7#f7 of subsection 7j71 imported merchandise1 other merchandise classifiable under the same #h-;digit ,,hts subheading number as such imported merchandise1 or any combination of such imported merchandise and such other merchandise1 that the predecessor received1 before the date of succession1 from the person who imported and paid any duties1 taxes1 and fees due on the imported merchandise2 2 and 7#b7 in paragraph 7#d71 by striking certifies that and all that follows and inserting certifies that the transferred merchandise was not and will not be claimed by the predecessor44 7l7 ,drawback certificates ,section #cac of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #acac7 is amended by striking subsection 7t74 7m7 ,drawback for recovered materials ,section #cac7x7 of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #acac7x77 is amended by striking and 7c7 and inserting 7c71 and 7j74 7n7 ,definitions ,section #cac of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #acac7 is amended by adding at the end the following3 7z7 ,definitions ,in this section3 7#a7 ,directly ,the term directly means a transfer of merchandise or an article from one person to another person without any intermediate transfer4 7#b7 ,,hts ,the term ,,hts means the ,harmonized ,tariff ,schedule of the ,united ,states4 7#c7 ,indirectly ,the term indirectly means a transfer of merchandise or an article from one person to another person with one or more intermediate transfers4 4 7o7 ,recordkeeping ,section #ejh7;c77#c7 of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #aejh7;c77#c77 is amended-- 7#a7 by striking #crd and inserting #eth2 and 7#b7 by striking payment and inserting liquidation4 7p7 ,government ,accountability ,office report 7#a7 ,in general ,not later than one year after the issuance of the regulations required by subsection 7l77#b7 of section #cac of the ,tariff ,act of #aicj1 as added by subsection 7g7 of this section1 the ,comptroller ,general of the ,united ,states shall submit to the ,committee on ,finance of the ,senate and the ,committee on ,ways and ,means of the ,house of ,representatives a report on the modernization of drawback and refunds under section #cac of the ,tariff ,act of #aicj1 as amended by this section4 7#b7 ,contents ,the report required by paragraph 7#a7 include the following3 7,a7 ,an assessment of the modernization of drawback and refunds under section #cac of the ,tariff ,act of #aicj1 as amended by this section4 7,b7 ,a description of drawback claims that were permissible before the effective date provided for in subsection 7q7 that are not permissible after that effective date and an identification of industries most affected4 7,c7 ,a description of drawback claims that were not permissible before the effective date provided for in subsection 7q7 that are permissible after that effective date and an identification of industries most affected4 7q7 ,effective date 7#a7 ,in general ,the amendments made by this section shall-- 7,a7 take effect on the date of the enactment of this ,act2 and 7,b7 apply to drawback claims filed on or after the date that is #b years after such date of enactment4 7#b7 ,reporting of operability of ,automated ,commercial ,environment computer system ,not later than one year after the date of the enactment of this ,act1 and not later than #b years after such date of enactment1 the ,secretary of the ,treasury shall submit to ,congress a report on-- 7,a7 the date on which the ,automated ,commercial ,environment will be ready to process drawback claims2 and 7,b7 the date on which the ,automated ,export ,system will be ready to accept proof of exportation under subsection 7i7 of section #cac of the ,tariff ,act of #aicj1 as amended by subsection 7d74 7#c7 ,transition rule ,during the one-year period beginning on the date that is #b years after the date of the enactment of this ,act 7or1 if later1 the effective date provided for in paragraph 7#b77;,b771 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 of the enactment of this ,act4 #ijg4 ,office of the ,united ,states ,trade ,representative 7a7 ,annual report on trade agreements program and national trade policy agenda ,section #afc7;a7 of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #bbac7;a77 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 in subparagraph 7,a71 by striking and at the end2 7,b7 in subparagraph 7,b71 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following3 7,c7 the operation of all ,united ,states ,trade ,representative-led interagency programs during the preceding year and for the year in which the report is submitted4 2 and 7#b7 by adding at the end the following3 7#d7 ,the report shall include1 with respect to the matters referred to in paragraph 7#a77;,c71 information regarding-- 7,a7 the objectives and priorities of all ,united ,states ,trade ,representative-led interagency programs for the year1 and the reasons therefor2 7,b7 the actions proposed1 or anticipated1 to be undertaken during the year to achieve such objectives and priorities1 including actions authorized under the trade laws and negotiations with foreign countries2 7,c7 the role of each ,federal agency participating in the interagency program in achieving such objectives and priorities and activities of each agency with respect to their participation in the program2 7,d7 the ,united ,states ,trade ,representative's coordination of each participating ,federal agency to more effectively achieve such objectives and priorities2 7,e7 any proposed legislation necessary or appropriate to achieve any of such objectives or priorities2 and 7,f7 the progress that was made during the preceding year in achieving such objectives and priorities and coordination activities included in the statement provided for such year under this paragraph4 4 7b7 ,resource management and staffing plans 7#a7 ,annual plan 7,a7 ,in general ,the ,united ,states ,trade ,representative shall on an annual basis develop a plan-- 7i7 to match available resources of the ,office of the ,united ,states ,trade ,representative to projected workload and provide a detailed analysis of how the funds allocated from the prior fiscal year to date have been spent2 7ii7 to identify existing staff of the ,office and new staff that will be necessary to support the trade negotiation and enforcement functions and powers of the ,office 7including those of the ,trade ,policy ,staff ,committee7 as described in section #ada of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #baga7 and section #cja of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #bdaa72 7iii7 to identify existing staff of the ,office and staff of other ,federal agencies who will be required to be detailed to support ,united ,states ,trade ,representative-led interagency programs1 including any associated expenses2 and 7iv7 to provide a detailed analysis of the budgetary requirements of ,united ,states ,trade ,representative-led interagency programs for the next fiscal year and provide a detailed analysis of how the funds allocated from the prior fiscal year to date have been spent4 7,b7 ,report ,the ,united ,states ,trade ,representative shall submit to the ,committee on ,ways and ,means and the ,committee on ,appropriations of the ,house of ,representatives and the ,committee on ,finance and the ,committee on ,appropriations of the ,senate a report that contains the plan required under subparagraph 7,a74 ,the report required under this subparagraph shall be submitted in conjunction with the annual budget of the ,united ,states ,government required to be submitted to ,congress under section #aaje of title #ca1 ,united ,states ,code4 7#b7 ,quadrennial plan 7,a7 ,in general ,pursuant to the goals and objectives of the strategic plan of the ,office of the ,united ,states ,trade ,representative as required under section #cjf of title #e1 ,united ,states ,code1 the ,united ,states ,trade ,representative shall every #d years develop a plan-- 7i7 to analyze internal quality controls and record management of the ,office2 7ii7 to identify existing staff of the ,office and new staff that will be necessary to support the trade negotiation and enforcement functions and powers of the ,office 7including those of the ,trade ,policy ,staff ,committee7 as described in section #ada of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #baga7 and section #cja of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #bdaa72 7iii7 to identify existing staff of the ,office and staff in other ,federal agencies who will be required to be detailed to support ,united ,states ,trade ,representative-led interagency programs1 including any associated expenses2 7iv7 to provide an outline of budget justifications1 including salaries and expenses as well as non-personnel administrative expenses1 for the fiscal years required under the strategic plan2 and 7v7 to provide an outline of budget justifications1 including salaries and expenses as well as non-personnel administrative expenses1 for ,united ,states ,trade ,representative-led interagency programs for the fiscal years required under the strategic plan4 7,b7 ,report 7i7 ,in general ,the ,united ,states ,trade ,representative shall submit to the ,committee on ,ways and ,means and the ,committee on ,appropriations of the ,house of ,representatives and the ,committee on ,finance and the ,committee on ,appropriations of the ,senate a report that contains the plan required under subparagraph 7,a74 ,except as provided in clause 7ii71 the report required under this clause shall be submitted in conjunction with the strategic plan of the ,office as required under section #cjf of title #e1 ,united ,states ,code4 7ii7 ,exception ,the ,united ,states ,trade ,representative shall submit to the congressional committees specified in clause 7i7 an initial report that contains the plan required under subparagraph 7,a7 not later than ,february #a1 #bjaf4 #ijh4 ,united ,states-,israel ,trade and ,commercial ,enhancement 7a7 ,findings ,congress finds the following3 7#a7 ,israel is ,america's dependable1 democratic ally in the ,middle ,east--an area of paramount strategic importance to the ,united ,states4 7#b7 ,the ,united ,states-,israel ,free ,trade ,agreement formed the modern foundation of the bilateral commercial relationship between the two countries and was the first such agreement signed by the ,united ,states with a foreign country4 7#c7 ,the ,united ,states-,israel ,free ,trade ,agreement has been instrumental in expanding commerce and the strategic relationship between the ,united ,states and ,israel4 7#d7 ,more than #de billion in goods and services is traded annually between the two countries in addition to roughly #aj billion in ,united ,states foreign direct investment in ,israel4 7#e7 ,the ,united ,states continues to look for and find new opportunities to enhance cooperation with ,israel1 including through the enactment of the ,united ,states-,israel ,enhanced ,security ,cooperation ,act of #bjab 7,public ,law #aab-aej7 and the ,united ,states-,israel ,strategic ,partnership ,act of #bjad 7,public ,law #aac-bif74 7#f7 ,it has been the policy of the ,united ,states ,government to combat all elements of the ,arab ,league ,boycott of ,israel by-- 7,a7 public statements of ,administration officials2 7,b7 enactment of relevant sections of the ,export ,administration ,act of #aigi 7as continued in effect pursuant to the ,international ,emergency ,economic ,powers ,act71 including sections to ensure foreign persons comply with applicable reporting requirements relating to the boycott2 7,c7 enactment of the #aigf ,tax ,reform ,act 7,public ,law #id-dee7 that denies certain tax benefits to entities abiding by the boycott2 7,d7 ensuring through free trade agreements with ,bahrain and ,oman that such countries no longer participate in the boycott2 and 7,e7 ensuring as a condition of membership in the ,world ,trade ,organization that ,saudi ,arabia no longer enforces the secondary or tertiary elements of the boycott4 7b7 ,statements of policy ,congress-- 7#a7 supports the strengthening of ,united ,states-,israel economic cooperation and recognizes the tremendous strategic1 economic1 and technological value of cooperation with ,israel2 7#b7 recognizes the benefit of cooperation with ,israel to ,united ,states companies1 including by improving ,american competitiveness in global markets2 7#c7 recognizes the importance of trade and commercial relations to the pursuit and sustainability of peace1 and supports efforts to bring together the ,united ,states1 ,israel1 the ,palestinian territories1 and others in enhanced commerce2 7#d7 opposes politically motivated actions that penalize or otherwise limit commercial relations specifically with ,israel such as boycotts1 divestment or sanctions2 7#e7 notes that the boycott1 divestment1 and sanctioning of ,israel by governments1 governmental bodies1 quasi-governmental bodies1 international organizations1 and other such entities is contrary to the ,general ,agreement on ,tariffs and ,trade 7,,gatt7 principle of non-discrimination2 7#f7 encourages the inclusion of politically motivated actions that penalize or otherwise limit commercial relations specifically with ,israel such as boycotts1 divestment from1 or sanctions against ,israel as a topic of discussion at the ,u4,s4-,israel ,joint ,economic ,development ,group 7,,jedg7 and other areas to support the strengthening of the ,united ,states-,israel commercial relationship and combat any commercial discrimination against ,israel2 7#g7 supports efforts to prevent investigations or prosecutions by governments or international organizations of ,united ,states persons on the sole basis of such persons doing business with ,israel1 with ,israeli entities1 or in ,israeli-controlled territories2 and 7#h7 supports ,american ,states examining a company's promotion or compliance with unsanctioned boycotts1 divestment from1 or sanctions against ,israel as part of its consideration in awarding grants and contracts and supports the divestment of ,state assets from companies that support or promote actions to boycott1 divest from1 or sanction ,israel4 7c7 ,principal trade negotiating objectives of the ,united ,states 7#a7 ,commercial partnerships ,among the principal trade negotiating objectives of the ,united ,states for proposed trade agreements with foreign countries regarding commercial partnerships are the following3 7,a7 ,to discourage actions by potential trading partners that directly or indirectly prejudice or otherwise discourage commercial activity solely between the ,united ,states and ,israel4 7,b7 ,to discourage politically motivated actions to boycott1 divest from1 or sanction ,israel and to seek the elimination of politically motivated non-tariff barriers on ,israeli goods1 services1 or other commerce imposed on the ,state of ,israel4 7,c7 ,to seek the elimination of state-sponsored unsanctioned foreign boycotts against ,israel or compliance with the ,arab ,league ,boycott of ,israel by prospective trading partners4 7#b7 ,effective date ,this subsection takes effect on the date of the enactment of this ,act and applies with respect to negotiations commenced before1 on1 or after the date of the enactment of this ,act4 7d7 ,report on politically motivated acts of boycott1 divestment from1 and sanctions against ,israel 7#a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 and annually thereafter1 the ,president shall submit to ,congress a report on politically motivated acts of boycott1 divestment from1 and sanctions against ,israel4 7#b7 ,matters ,to ,be ,included ,the report required by paragraph 7#a7 shall include the following3 7,a7 ,a description of the establishment of barriers to trade1 including non-tariff barriers1 investment1 or commerce by foreign countries or international organizations against ,united ,states persons operating or doing business in ,israel1 with ,israeli entities1 or in ,israeli-controlled territories4 7,b7 ,a description of specific steps being taken by the ,united ,states to encourage foreign countries and international organizations to cease creating such barriers and to dismantle measures already in place and an assessment of the effectiveness of such steps4 7,c7 ,a description of specific steps being taken by the ,united ,states to prevent investigations or prosecutions by governments or international organizations of ,united ,states persons on the sole basis of such persons doing business with ,israel1 with ,israeli entities1 or in ,israeli-controlled territories4 7,d7 ,decisions by foreign persons1 including corporate entities and state-affiliated financial institutions1 that limit or prohibit economic relations with ,israel or persons doing business in ,israel or in ,israeli controlled territories4 7e7 ,certain foreign judgments against ,united ,states persons ,notwithstanding any other provision of law1 no domestic court shall recognize or enforce any foreign judgment entered against a ,united ,states person that conducts business operations in ,israel1 or any territory controlled by ,israel1 if the domestic court determines that the foreign judgment is based1 in whole or in part1 on a determination by a foreign court that the ,united ,states person's conducting business operations therein or with ,israeli entities constitutes a violation of law4 7f7 ,definitions ,in this section3 7#a7 ,boycott1 divestment from1 and sanctions against ,israel ,the term boycott1 divestment from1 and sanctions against ,israel means actions by states1 non-member states of the ,united ,nations1 international organizations1 or affiliated agencies of international organizations that are politically motivated and are intended to penalize or otherwise limit commercial relations specifically with ,israel or persons doing business in ,israel or in ,israeli-controlled territories4 7#b7 ,domestic court ,the term domestic court means a ,federal court of the ,united ,states1 or a court of any ,state or territory of the ,united ,states or of the ,district of ,columbia4 7#c7 ,foreign court ,the term foreign court means a court1 an administrative body1 or other tribunal of a foreign country4 7#d7 ,foreign judgment ,the term foreign judgment means a final civil judgment rendered by a foreign court4 7#e7 ,foreign person ,the term foreign person means-- 7,a7 any natural person who is not lawfully admitted for permanent residence 7as defined in section #aja7;a77#bj7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#bj77 or who is not a protected individual 7as defined in section #bgd;,b7a77#c7 of such ,act 7#h ,u4,s4,c4 #acbd;b7a77#c772 or 7,b7 any foreign corporation1 business association1 partnership1 trust1 society or any other entity or group that is not incorporated or organized to do business in the ,united ,states1 as well as any international organization1 foreign government and any agency or subdivision of foreign government1 including a diplomatic mission4 7#f7 ,person 7,a7 ,in general ,the term person means-- 7i7 a natural person2 7ii7 a corporation1 business association1 partnership1 society1 trust1 financial institution1 insurer1 underwriter1 guarantor1 and any other business organization1 any other nongovernmental entity1 organization1 or group1 and any governmental entity operating as a business enterprise2 and 7iii7 any successor to any entity described in clause 7ii74 7,b7 ,application to governmental entities ,the term person does not include a government or governmental entity that is not operating as a business enterprise4 7#g7 ,united states person ,the term ,united ,states person means-- 7,a7 a natural person who is a national of the ,united ,states 7as defined in section #aja7;a77#bb7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#bb7772 or 7,b7 a corporation or other legal entity which is organized under the laws of the ,united ,states1 any ,state or territory thereof1 or the ,district of ,columbia1 if natural persons described in subparagraph 7,a7 own1 directly or indirectly1 more than #ej percent of the outstanding capital stock or other beneficial interest in such legal entity4 #iji4 ,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 #iaj4 ,customs user fees 7a7 ,in general ,section #acjca7;j77#c7 of the ,consolidated ,omnibus ,budget ,reconciliation ,act of #aihe 7#ai ,u4,s4,c4 #eh;c7j77#c77 is amended by adding at the end the following3 7,c7 ,fees may be charged under paragraphs 7#i7 and 7#aj7 of subsection 7a7 during the period beginning on ,july #h1 #bjbe1 and ending on ,july #bh1 #bjbe4 4 7b7 ,rate for merchandise processing fees ,section #ejc of the ,united ,states-,korea ,free ,trade ,agreement ,implementation ,act 7,public ,law #aab-da2 #abe ,stat4 #dfj7 is amended-- 7#a7 by striking ,for the period and inserting 7a7 ,in general4--,for the period2 and 7#b7 by adding at the end the following3 7b7 ,additional period ,for the period beginning on ,july #a1 #bjbe1 and ending on ,july #ad1 #bjbe1 section #acjca7;a77#i7 of the ,consolidated ,omnibus ,budget ,reconciliation ,act of #aihe 7#ai ,u4,s4,c4 #eh;c7a77#i77 shall be applied and administered-- 7#a7 in subparagraph 7,a71 by substituting #j4cdfd for #j4ba2 and 7#b7 in subparagraph 7,b77i71 by substituting #j4cdfd for #j4ba4 4 #iaa4 ,report on certain ,u4,s4 ,customs and ,border ,protection agreements 7a7 ,in general ,not later than one year after entering into an agreement under a program specified in subsection 7b71 and annually thereafter until the termination of the program1 the ,commissioner shall submit to the ,committee on ,finance of the ,senate1 the ,committee on ,ways and ,means of the ,house of ,representatives1 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate1 and the ,committee on ,homeland ,security of the ,house of ,representatives a report that includes the following3 7#a7 ,a description of the development of the program4 7#b7 ,a description of the type of entity with which ,u4,s4 ,customs and ,border ,protection entered into the agreement and the amount that entity reimbursed ,u4,s4 ,customs and ,border ,protection under the agreement4 7#c7 ,an identification of the type of port of entry to which the agreement relates and an assessment of how the agreement provides economic benefits at the port of entry4 7#d7 ,a description of the services provided by ,u4,s4 ,customs and ,border ,protection under the agreement during the year preceding the submission of the report4 7#e7 ,the amount of fees collected under the agreement during that year4 7#f7 ,a detailed accounting of how the fees collected under the agreement have been spent during that year4 7#g7 ,a summary of any complaints or criticism received by ,u4,s4 ,customs and ,border ,protection during that year regarding the agreement4 7#h7 ,an assessment of the compliance of the entity described in paragraph 7#b7 with the terms of the agreement4 7#i7 ,recommendations with respect to how activities conducted pursuant to the agreement could function more effectively or better produce economic benefits4 7#aj7 ,a summary of the benefits to and challenges faced by ,u4,s4 ,customs and ,border ,protection and the entity described in paragraph 7#b7 under the agreement4 7b7 ,program specified ,a program specified in this subsection is-- 7#a7 the program for entering into reimbursable fee agreements for the provision of ,u4,s4 ,customs and ,border ,protection services established by section #efj of the ,department of ,homeland ,security ,appropriations ,act1 #bjac 7division ,d of ,public ,law #aac-f2 #abg ,stat4 #cgh72 or 7#b7 the pilot program authorizing ,u4,s4 ,customs and ,border ,protection to enter into partnerships with private sector and government entities at ports of entry established by section #eei of the ,department of ,homeland ,security ,appropriations ,act1 #bjad 7division ,f of ,public ,law #aac-gf2 #f ,u4,s4,c4 #baa note74 #iab4 ,amendments to ,bipartisan ,congressional ,trade ,priorities and ,accountability ,act of #bjae 7a7 ,immigration laws of the ,united ,states ,section #ajb7;a7 of the ,bipartisan ,congressional ,trade ,priorities and ,accountability ,act of #bjae is amended-- 7#a7 in paragraph 7#ab71 by striking and at the end2 7#b7 in paragraph 7#ac71 by striking the period at the end and inserting 2 and2 and 7#c7 by adding at the end the following3 7#ad7 to ensure that trade agreements do not require changes to the immigration laws of the ,united ,states or obligate the ,united ,states to grant access or expand access to visas issued under section #aja7;a77#ae7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae774 4 7b7 ,global warming ,section #ajb7;a7 of the ,bipartisan ,congressional ,trade ,priorities and ,accountability ,act of #bjae1 as amended by subsection 7a7 of this section1 is amended-- 7#a7 in paragraph 7#ac71 by striking and at the end2 7#b7 in paragraph 7#ad71 by striking the period at the end and inserting 2 and2 and 7#c7 by adding at the end the following3 7#ae7 to ensure that trade agreements do not require changes to ,u4,s4 law or obligate the ,united ,states with respect to global warming or climate change4 4 7c7 ,fisheries negotiations ,section #ajb7;b7 of the ,bipartisan ,congressional ,trade ,priorities and ,accountability ,act of #bjae is amended by adding at the end the following3 7#bb7 ,fisheries negotiations ,the principal negotiating objectives of the ,united ,states with respect to trade in fish1 seafood1 and shellfish products are to obtain competitive opportunities for ,united ,states exports of fish1 seafood1 and shellfish products in foreign markets substantially equivalent to the competitive opportunities afforded foreign exports of fish1 seafood1 and shellfish products in ,united ,states markets and to achieve fairer and more open conditions of trade in fish1 seafood1 and shellfish products1 including by reducing or eliminating tariff and non-tariff barriers and eliminating subsidies that distort trade4 4 7d7 ,accreditation ,section #ajd7;c77#b77;,c7 of the ,bipartisan ,congressional ,trade ,priorities and ,accountability ,act of #bjae is amended by inserting after the first sentence the following3 ,in addition1 the chairman and ranking members described in subparagraphs 7,a77i7 and 7,b77i7 shall each be permitted to designate up to #c personnel with proper security clearances to serve as delegates to such negotiations44 7e7 ,trafficking in persons ,section #ajf7;b77#f7 of the ,bipartisan ,congressional ,trade ,priorities and ,accountability ,act of #bjae is amended-- 7#a7 by redesignating subparagraph 7,b7 as subparagraph 7,c72 and 7#b7 by inserting after subparagraph 7,a7 the following3 7,b7 ,exception 7i7 ,invoking exception ,if the ,president submits to the appropriate congressional committees a letter stating that a country to which subparagraph 7,a7 applies has taken concrete actions to implement the principal recommendations with respect to that country in the most recent annual report on trafficking in persons1 this paragraph shall not apply with respect to agreements with that country4 7ii7 ,content of letter2 public availability ,a letter submitted under clause 7i7 with respect to a country shall-- 7,i7 include a description of the concrete actions that the country has taken to implement the principal recommendations described in clause 7i72 and 7,,ii7 be made available to the public4 7iii7 ,appropriate congressional committees defined ,in this subparagraph1 the term appropriate congressional committees means-- 7,i7 the ,committee on ,ways and ,means and the ,committee on ,foreign ,affairs of the ,house of ,representatives2 and 7,,ii7 the ,committee on ,finance and the ,committee on ,foreign ,relations of the ,senate4 2 7f7 ,technical amendments ,the ,bipartisan ,congressional ,trade ,priorities and ,accountability ,act of #bjae is amended-- 7#a7 in section #aje7;b77#c7-- 7,a7 in subparagraph 7,a77ii71 by striking section #ajb7;b77#af7 and inserting section #ajb7;b77#ag72 and 7,b7 in subparagraph 7,b77ii71 by striking section #ajb7;b77#af7 and inserting section #ajb7;b77#ag72 and 7#b7 in section #ajf7;b77#e71 by striking section #ajb7;b77#ae77;,c7 and inserting section #ajb7;b77#af77;,c74 7g7 ,effective date ,the amendments made by this section shall take effect as if included in the enactment of the ,bipartisan ,congressional ,trade ,priorities and ,accountability ,act of #bjae4 #iac4 ,certain interest to be included in distributions under ,continued ,dumping and ,subsidy ,offset ,act of #bjjj 7a7 ,in general ,notwithstanding any other provision of law1 the ,commissioner shall include in all distributions of collected antidumping and countervailing duties described in subsection 7b7 all interest earned on such duties1 including-- 7#a7 interest accrued under section #ggh of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #afgg;g71 7#b7 interest accrued under section #eje7;d7 of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #aeje7;d771 and 7#c7 common-law equitable interest1 and all interest under section #ifc of the ,revised ,statutes of the ,united ,states 7#ai ,u4,s4,c4 #ehj71 awarded by a court against a surety's late payment of antidumping or countervailing duties and interest described in paragraph 7#a7 or 7#b71 under its bond1 which is1 or was1 realized through application of any payment received on or after ,october #a1 #bjad1 by ,u4,s4 ,customs and ,border ,protection under1 or in connection with1 any customs bond pursuant to a court order or judgment1 or any settlement for any such bond4 7b7 ,distributions described ,the distributions described in subsection 7a7 are all distributions made on or after the date of the enactment of this ,act pursuant to section #ged of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #afge;c7 7as such section was in effect on ,february #g1 #bjjf7 of collected antidumping and countervailing duties assessed on or after ,october #a1 #bjjj1 on entries made through ,september #cj1 #bjjg4 #iad4 ,report on competitiveness of ,u4,s4 recreational performance outerwear industry ,not later than ,june #a1 #bjaf1 the ,united ,states ,international ,trade ,commission 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 competitiveness of the ,united ,states recreational performance outwear industry and its effects on the ,united ,states economy1 including an assessment of duty structures on inputs as well as finished products and global supply chains4 #iae4 ,increase in penalty for failure to file return of tax 7a7 ,in general ,section #ffea7;a7 of the ,internal ,revenue ,code of #aihf is amended by striking #ace in the last sentence and inserting #bje4 7b7 ,conforming amendment ,section #ffea7;i7 of such ,code is amended by striking #ace and inserting #bje4 7c7 ,effective date ,the amendments made by this section shall apply to returns required to be filed in calendar years after #bjae4 ,clerk4