,,ii #aadth ,,congress #ast ,session ,s4 #ajae ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,april #bj1 #bjae,mr4 ,hatch introduced the following bill2 which was read twice and referred to the ,committee on ,finance ,a ,,bill ,to reauthorize trade facilitation and trade enforcement functions and activities1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,trade ,facilitation and ,trade ,enforcement ,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 ,targeting ,division and ,national ,targeting and ,analysis ,groups4 ,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 ,,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--,evasion of antidumping and countervailing duty orders ,sec4 #dja4 ,short title4 ,sec4 #djb4 ,procedures for investigating claims of evasion of antidumping and countervailing duty orders4 ,sec4 #djc4 ,annual report on prevention and investigation of evasion of antidumping and countervailing duty orders4 ,,title ,v--,additional trade enforcement and intellectual property rights protection ,subtitle ,a--,trade enforcement ,sec4 #eja4 ,trade enforcement priorities4 ,sec4 #ejb4 ,exercise of ,,wto authorization to suspend concessions or other obligations under trade agreements4 ,sec4 #ejc4 ,trade monitoring4 ,sec4 #ejd4 ,honey transshipment4 ,sec4 #eje4 ,illicitly imported1 exported1 or trafficked cultural property1 archaeological or ethnological materials1 and fish1 wildlife1 and plants4 ,subtitle ,b--,intellectual property rights protection ,sec4 #eaa4 ,establishment of ,chief ,innovation and ,intellectual ,property ,negotiator4 ,sec4 #eab4 ,measures relating to countries that deny adequate protection for intellectual property rights4 ,,title ,,vi--,miscellaneous provisions ,sec4 #fja4 ,de minimis value4 ,sec4 #fjb4 ,consultation on trade and customs revenue functions4 ,sec4 #fjc4 ,penalties for customs brokers4 ,sec4 #fjd4 ,amendments to chapter #ih of the ,harmonized ,tariff ,schedule of the ,united ,states4 ,sec4 #fje4 ,exemption from duty of residue of bulk cargo contained in instruments of international traffic previously exported from the ,united ,states4 ,sec4 #fjf4 ,drawback and refunds4 ,sec4 #fjg4 ,inclusion of certain information in submission of nomination for appointment as ,deputy ,united ,states ,trade ,representative4 ,sec4 #fjh4 ,biennial reports regarding competitiveness issues facing the ,united ,states economy and competitive conditions for certain key ,united ,states industries4 ,sec4 #fji4 ,report on certain ,u4,s4 ,customs and ,border ,protection agreements4 ,sec4 #faj4 ,charter flights4 ,sec4 #faa4 ,amendment to ,tariff ,act of #aicj to require country of origin marking of certain castings4 #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 responsible for ,u4,s4 ,customs and ,border ,protection4 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 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 preclearance of merchandise for qualified persons that demonstrate the highest levels of compliance with the customs and trade laws of the ,united ,states1 regulations of ,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 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 ,december #ca of each year thereafter1 the ,commissioner shall submit to the ,committee on ,finance of the ,senate and the ,committee on ,ways and ,means of the ,house of ,representatives a report that-- 7#a7 identifies each partnership program referred to in subsection 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 ,committee on ,finance of the ,senate and the ,committee on ,ways and ,means of the ,house of ,representatives 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 ,committee on ,finance of the ,senate and the ,committee on ,ways and ,means of the ,house of ,representatives1 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 paragraph 7#c77;,b77ii7 of section #b7;d7 of the ,act of ,march #c1 #aibg 7#dd ,stat4 #acha1 chapter #cdh2 #ai ,u4,s4,c4 #bjgb7;d771 as added by section #aaa7;a7 of this ,act4 7#c7 ,the ,centers of ,excellence and ,expertise described in section #aaj of this ,act4 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 #fjf 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 ,committee on ,finance of the ,senate and the ,committee on ,ways and ,means of the ,house of ,representatives 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 ,committee of ,finance of the ,senate and the ,committee of ,ways and ,means of the ,house of ,representatives 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 ,committee on ,finance of the ,senate and the ,committee on ,ways and ,means of the ,house of ,representatives1 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 paragraph 7#c77;,b77ii7 of section #b7;d7 of the ,act of ,march #c1 #aibg 7#dd ,stat4 #acha1 chapter #cdh2 #ai ,u4,s4,c4 #bjgb7;d771 as added by section #aaa7;a7 of this ,act1 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 #ajd of this ,act2 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 ,customs 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 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 #aji of this ,act4 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 responsible for ,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 7a7 ,information technology infrastructure ,section #daa7;d7 of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #adaa7;d77 is amended-- 7#a7 by redesignating paragraphs 7#d7 through 7#g7 as paragraphs 7#e7 through 7#h71 respectively2 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 responsible for ,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 ,committee on ,finance of the ,senate and the ,committee on ,ways and ,means of the ,house of ,representatives2 and 7#b7 not later than #cj days before entering into any such arrangement or similar agreement1 with the ,committee on ,finance of the ,senate and the ,committee on ,ways and ,means of the ,house of ,representatives4 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 trade facilitation 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 ,committee on ,finance of the ,senate1 the ,committee on ,ways and ,means of the ,house of ,representatives1 and the ,commercial ,customs ,operations ,advisory ,committee established by section #aji of this ,act1 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 subparagraph 7,b77ii7 of section #b7;d77#c7 of the ,act of ,march #c1 #aibg 7#dd ,stat4 #acha1 chapter #cdh2 #ai ,u4,s4,c4 #bjgb7;d771 as added by section #aaa7;a7 of this ,act1 in specific industry sectors through the application of targeting information from the ,commercial ,targeting ,division established under subparagraph 7,a7 of such section #b7;d77#c7 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 ,committee on ,finance of the ,senate and the ,committee on ,ways and ,means of the ,house of ,representatives 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 issues1 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 ,targeting ,division and ,national ,targeting and ,analysis ,groups 7a7 ,in general ,section #b7;d7 of the ,act of ,march #c1 #aibg 7#dd ,stat4 #acha1 chapter #cdh2 #ai ,u4,s4,c4 #bjgb7;d77 is amended by adding at the end the following3 7#c7 ,commercial targeting division and national targeting and analysis groups 7,a7 ,establishment of commercial targeting division 7i7 ,in general ,the ,secretary of ,homeland ,security shall establish and maintain within the ,office of ,international ,trade a ,commercial ,targeting ,division4 7ii7 ,composition ,the ,commercial ,targeting ,division shall be composed of-- 7,i7 headquarters personnel led by an ,executive ,director1 who shall report to the ,assistant ,commissioner for ,trade2 and 7,,ii7 individual ,national ,targeting and ,analysis ,groups1 each led by a ,director who shall report to the ,executive ,director of the ,commercial ,targeting ,division4 7iii7 ,duties ,the ,commercial ,targeting ,division shall be dedicated-- 7,i7 to the development and conduct of commercial risk assessment targeting with respect to cargo destined for the ,united ,states in accordance with subparagraph 7,c72 and 7,,ii7 to issuing ,trade ,alerts described in subparagraph 7,d74 7,b7 ,national targeting and analysis groups 7i7 ,in general ,a ,national ,targeting and ,analysis ,group referred to in subparagraph 7,a77ii77,,ii7 shall1 at a minimum1 be established for each priority trade issue described in clause 7ii74 7ii7 ,priority trade issues 7,i7 ,in general ,the priority trade issues described in this clause are the following3 7aa7 ,agriculture programs4 7bb7 ,antidumping and countervailing duties4 7cc7 ,import safety4 7dd7 ,intellectual property rights4 7ee7 ,revenue4 7ff7 ,textiles and wearing apparel4 7gg7 ,trade agreements and preference programs4 7,,ii7 ,modification ,the ,commissioner is authorized to establish new priority trade issues and eliminate1 consolidate1 or otherwise modify the priority trade issues described in this paragraph if the ,commissioner-- 7aa7 determines it necessary and appropriate to do so2 7bb7 submits to the ,committee on ,finance of the ,senate and the ,committee on ,ways and ,means of the ,house of ,representatives a summary of proposals to consolidate1 eliminate1 or otherwise modify existing priority trade issues not later than #fj days before such changes are to take effect2 and 7cc7 submits to the ,committee on ,finance of the ,senate and the ,committee on ,ways and ,means of the ,house of ,representatives a summary of proposals to establish new priority trade issues not later than #cj days after such changes are to take effect4 7iii7 ,duties ,the duties of each ,national ,targeting and ,analysis ,group shall include-- 7,i7 directing the trade enforcement and compliance assessment activities of ,u4,s4 ,customs and ,border ,protection that relate to the ,group's priority trade issue2 7,,ii7 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 ,federal departments and agencies regarding the ,group's priority trade issue2 and 7,,iii7 serving as the primary liaison between ,u4,s4 ,customs and ,border ,protection and the public regarding ,united ,states ,government activities regarding the ,group's priority trade issue1 including-- 7aa7 providing for receipt and transmission to the appropriate ,u4,s4 ,customs and ,border ,protection office 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 issue2 7bb7 obtaining information from the appropriate ,u4,s4 ,customs and ,border ,protection office on the status of any activities resulting from the submission of any such allegation1 including any decision not to pursue the allegation1 and providing any such information to each interested party in the private sector that submitted the allegation every #ij days after the allegation was received by ,u4,s4 ,customs and ,border ,protection unless providing such information would compromise an ongoing law enforcement investigation2 and 7cc7 notifying on a timely basis each interested party in the private sector that submitted such allegation of any civil or criminal actions taken by ,u4,s4 ,customs and ,border ,protection or other ,federal department or agency resulting from the allegation4 7,c7 ,commercial risk assessment targeting ,in carrying out its duties with respect to commercial risk assessment targeting1 the ,commercial ,targeting ,division shall-- 7i7 establish targeted risk assessment methodologies and standards-- 7,i7 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 subparagraph 7,b77ii72 and 7,,ii7 for issuing1 as appropriate1 ,trade ,alerts described in subparagraph 7,d72 and 7ii7 to the extent practicable and otherwise authorized by law1 use1 to administer the methodologies and standards established under clause 7i7-- 7,i7 publicly available information2 7,,ii7 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,,iii7 information made available to the ,commercial ,targeting ,division1 including information provided by private sector entities4 7,d7 ,trade alerts 7i7 ,issuance ,based upon the application of the targeted risk assessment methodologies and standards established under subparagraph 7,c71 the ,executive ,director of the ,commercial ,targeting ,division and the ,directors of the ,national ,targeting and ,analysis ,groups 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 7ii7 ,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 clause 7i7 if-- 7,i7 the director finds that such a determination is justified by security interests2 and 7,,ii7 notifies the ,assistant ,commissioner of the ,office of ,field ,operations and the ,assistant ,commissioner of ,international ,trade of ,u4,s4 ,customs and ,border ,protection of the determination and the reasons for the determination not later than #dh hours after making the determination4 7iii7 ,summary of determinations not to implement ,the ,assistant ,commissioner of the ,office of ,field ,operations of ,u4,s4 ,customs and ,border ,protection shall-- 7,i7 compile an annual public summary of all determinations by directors of ,united ,states ports of entry under clause 7ii7 and the reasons for those determinations2 7,,ii7 conduct an evaluation of the utilization of ,trade ,alerts issued under clause 7i72 and 7,,iii7 submit the summary to the ,committee on ,finance of the ,senate and the ,committee on ,ways and ,means of the ,house of ,representatives not later than ,december #ca of each year4 7iv7 ,inspection defined ,in this subparagraph1 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,i7 assessing duties2 7,,ii7 identifying restricted or prohibited items2 and 7,,iii7 ensuring compliance with all applicable customs and trade laws and regulations administered by ,u4,s4 ,customs and ,border ,protection4 4 7b7 ,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 prescribed thereunder4 4 #aab4 ,report on oversight of revenue protection and enforcement measures 7a7 ,in general ,not later than ,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 reexported2 7#d7 the average time taken to transport merchandise in bond from the port at which the merchandise arrives in the ,united ,states to 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 paragraph 7#c77;,b77ii7 of section #b7;d7 of the ,act of ,march #c1 #aibg 7#dd ,stat4 #acha1 chapter #cdh2 #ai ,u4,s4,c4 #bjgb7;d771 as added by section #aaa7;a7 of this ,act2 7#d7 develops procedures to ensure increased oversight of imported products of new importers by ,centers of ,excellence and ,expertise established under section #aaj of this ,act2 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 ,,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 responsible for ,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 #bjb of this ,act2 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 ,group1 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 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 responsible for ,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 ,public ,law #aab-ha 7#abe ,stat4 #adif71 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 of this ,act-- 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 #cje of this ,act2 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 ,senate and the ,committee on ,ways and ,means of the ,house of ,representatives a report that contains the following3 7#a7 ,with respect to the enforcement of intellectual property rights1 the following3 7,a7 ,the number of referrals from ,u4,s4 ,customs and ,border ,protection to ,u4,s4 ,immigration and ,customs ,enforcement relating to infringement of intellectual property rights during the preceding year4 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 ,customs 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 prevent the infringement of intellectual property rights2 7,b7 collaboration with private sector entities-- 7i7 to identify trends in the infringement of1 and technologies that infringe1 intellectual property rights2 7ii7 to identify opportunities for enhanced training of officers of ,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 of this ,act 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 ,evasion of antidumping and countervailing duty orders #dja4 ,short title ,this title may be cited as the ,enforcing ,orders and ,reducing ,customs ,evasion ,act of #bjae4 #djb4 ,procedures for investigating claims of evasion of antidumping and countervailing duty orders 7a7 ,in general ,the ,tariff ,act of #aicj is amended by inserting after section #eaf;,a 7#ai ,u4,s4,c4 #aeaf;a7 the following3 #eag4 ,procedures for investigating claims of evasion of antidumping and countervailing duty orders 7a7 ,definitions ,in this section3 7#a7 ,administering authority ,the term administering authority has the meaning given that term in section #gga7a74 7#b7 ,commissioner ,the term ,commissioner means the ,commissioner responsible for ,u4,s4 ,customs and ,border ,protection1 acting pursuant to the delegation by the ,secretary of the ,treasury of the authority of the ,secretary with respect to customs revenue functions 7as defined in section #dae of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #bae774 7#c7 ,covered merchandise ,the term covered merchandise means merchandise that is subject to-- 7,a7 an antidumping duty order issued under section #gcf2 7,b7 a finding issued under the ,antidumping ,act1 #aiba2 or 7,c7 a countervailing duty order issued under section #gjf4 7#d7 ,enter2 entry ,the terms enter and entry refer to the entry1 or withdrawal from warehouse for consumption1 of merchandise in the customs territory of the ,united ,states4 7#e7 ,evasion 7,a7 ,in general ,except as provided in subparagraph 7,b71 the term evasion refers to entering covered merchandise into the customs territory of the ,united ,states by means of any document or electronically transmitted data or information1 written or oral statement1 or act that is material and false1 or any omission that is material1 and that results in any cash deposit or other security or any amount of applicable antidumping or countervailing duties being reduced or not being applied with respect to the merchandise4 7,b7 ,exception for clerical error 7i7 ,in general ,except as provided in clause 7ii71 the term evasion does not include entering covered merchandise into the customs territory of the ,united ,states by means of-- 7,i7 a document or electronically transmitted data or information1 written or oral statement1 or act that is false as a result of a clerical error2 or 7,,ii7 an omission that results from a clerical error4 7ii7 ,patterns of negligent conduct ,if the ,commissioner determines that a person has entered covered merchandise into the customs territory of the ,united ,states by means of a clerical error referred to in subclause 7,i7 or 7,,ii7 of clause 7i7 and that the clerical error is part of a pattern of negligent conduct on the part of that person1 the ,commissioner may determine1 notwithstanding clause 7i71 that the person has entered such covered merchandise into the customs territory of the ,united ,states through evasion4 7iii7 ,electronic repetition of errors ,for purposes of clause 7ii71 the mere nonintentional repetition by an electronic system of an initial clerical error does not constitute a pattern of negligent conduct4 7iv7 ,rule of construction ,a determination by the ,commissioner that a person has entered covered merchandise into the customs territory of the ,united ,states by means of a clerical error referred to in subclause 7,i7 or 7,,ii7 of clause 7i7 rather than through evasion shall not be construed to excuse that person from the payment of any duties applicable to the merchandise4 7#f7 ,interested party 7,a7 ,in general ,the term interested party means-- 7i7 a manufacturer1 producer1 or wholesaler in the ,united ,states of a domestic like product2 7ii7 a certified union or recognized union or group of workers that is representative of an industry engaged in the manufacture1 production1 or wholesale in the ,united ,states of a domestic like product2 7iii7 a trade or business association a majority of whose members manufacture1 produce1 or wholesale a domestic like product in the ,united ,states2 7iv7 an association1 a majority of whose members is composed of interested parties described in clause 7i71 7ii71 or 7iii7 with respect to a domestic like product2 and 7v7 if the covered merchandise is a processed agricultural product1 as defined in section #gga7d77;,e71 a coalition or trade association that is representative of either-- 7,i7 processors2 7,,ii7 processors and producers2 or 7,,iii7 processors and growers1 but this clause shall cease to have effect if the ,united ,states ,trade ,representative notifies the administering authority and the ,commission that the application of this clause is inconsistent with the international obligations of the ,united ,states4 7,b7 ,domestic like product ,for purposes of subparagraph 7,a71 the term domestic like product means a product that is like1 or in the absence of like1 most similar in characteristics and uses with1 covered merchandise4 7b7 ,investigations 7#a7 ,in general ,not later than #aj business days after receiving an allegation described in paragraph 7#b7 or a referral described in paragraph 7#c71 the ,commissioner shall initiate an investigation if the ,commissioner determines that the information provided in the allegation or the referral1 as the case may be1 reasonably suggests that covered merchandise has been entered into the customs territory of the ,united ,states through evasion4 7#b7 ,allegation described ,an allegation described in this paragraph is an allegation that a person has entered covered merchandise into the customs territory of the ,united ,states through evasion that is-- 7,a7 filed with the ,commissioner by an interested party2 and 7,b7 accompanied by information reasonably available to the party that filed the allegation4 7#c7 ,referral described ,a referral described in this paragraph is information submitted to the ,commissioner by any other ,federal agency1 including the ,department of ,commerce or the ,united ,states ,international ,trade ,commission1 that reasonably suggests that a person has entered covered merchandise into the customs territory of the ,united ,states through evasion4 7#d7 ,consolidation of allegations and referrals 7,a7 ,in general ,the ,commissioner may consolidate multiple allegations described in paragraph 7#b7 and referrals described in paragraph 7#c7 into a single investigation if the ,commissioner determines it is appropriate to do so4 7,b7 ,effect on timing requirements ,if the ,commissioner consolidates multiple allegations or referrals into a single investigation under subparagraph 7,a71 the date on which the ,commissioner receives the first such allegation or referral shall be used for purposes of the requirement under paragraph 7#a7 with respect to the timing of the initiation of the investigation4 7#e7 ,information-sharing to protect health and safety ,if1 during the course of conducting an investigation under paragraph 7#a7 with respect to covered merchandise1 the ,commissioner has reason to suspect that such covered merchandise may pose a health or safety risk to consumers1 the ,commissioner shall provide1 as appropriate1 information to the appropriate ,federal agencies for purposes of mitigating the risk4 7#f7 ,technical assistance and advice 7,a7 ,in general ,upon request1 the ,commissioner shall provide technical assistance and advice to eligible small businesses to enable such businesses to prepare and submit allegations described in paragraph 7#b71 except that the ,commissioner may deny assistance if the ,commissioner concludes that the allegation1 if submitted1 would not lead to the initiation of an investigation under this subsection or any other action to address the allegation4 7,b7 ,eligible small business defined 7i7 ,in general ,in this paragraph1 the term eligible small business means any business concern that the ,commissioner determines1 due to its small size1 has neither adequate internal resources nor the financial ability to obtain qualified outside assistance in preparing and filing allegations described in paragraph 7#b74 7ii7 ,nonreviewability ,the determination of the ,commissioner regarding whether a business concern is an eligible small business for purposes of this paragraph is not reviewable by any other agency or by any court4 7c7 ,determinations 7#a7 ,in general ,not later than #bgj calendar days after the date on which the ,commissioner initiates an investigation under subsection 7b7 with respect to covered merchandise1 the ,commissioner shall make a determination1 based on substantial evidence1 with respect to whether such covered merchandise was entered into the customs territory of the ,united ,states through evasion4 7#b7 ,authority to collect and verify additional information ,in making a determination under paragraph 7#a7 with respect to covered merchandise1 the ,commissioner may collect such additional information as is necessary to make the determination through such methods as the ,commissioner considers appropriate1 including by-- 7,a7 issuing a questionnaire with respect to such covered merchandise to-- 7i7 an interested party that filed an allegation under paragraph 7#b7 of subsection 7b7 that resulted in the initiation of an investigation under paragraph 7#a7 of that subsection with respect to such covered merchandise2 7ii7 a person alleged to have entered such covered merchandise into the customs territory of the ,united ,states through evasion2 7iii7 a person that is a foreign producer or exporter of such covered merchandise2 or 7iv7 the government of a country from which such covered merchandise was exported2 and 7,b7 conducting verifications1 including on-site verifications1 of any relevant information4 7#c7 ,adverse inference ,if the ,commissioner finds that a party or person described in clause 7i71 7ii71 or 7iii7 of paragraph 7#b77;,a7 has failed to cooperate by not acting to the best of the party or person's ability to comply with a request for information1 the ,commissioner may1 in making a determination under paragraph 7#a71 use an inference that is adverse to the interests of that party or person in selecting from among the facts otherwise available to make the determination4 7#d7 ,notification ,not later than #e business days after making a determination under paragraph 7#a7 with respect to covered merchandise1 the ,commissioner-- 7,a7 shall provide to each interested party that filed an allegation under paragraph 7#b7 of subsection 7b7 that resulted in the initiation of an investigation under paragraph 7#a7 of that subsection with respect to such covered merchandise a notification of the determination and may1 in addition1 include an explanation of the basis for the determination2 and 7,b7 may provide to importers1 in such manner as the ,commissioner determines appropriate1 information discovered in the investigation that the ,commissioner determines will help educate importers with respect to importing merchandise into the customs territory of the ,united ,states in accordance with all applicable laws and regulations4 7d7 ,effect of determinations 7#a7 ,in general ,if the ,commissioner makes a determination under subsection 7c7 that covered merchandise was entered into the customs territory of the ,united ,states through evasion1 the ,commissioner shall-- 7,a7 7i7 suspend the liquidation of unliquidated entries of such covered merchandise that are subject to the determination and that enter on or after the date of the initiation of the investigation under subsection 7b7 with respect to such covered merchandise and on or before the date of the determination2 or 7ii7 if the ,commissioner has already suspended the liquidation of such entries pursuant to subsection 7e77#a71 continue to suspend the liquidation of such entries2 7,b7 pursuant to the ,commissioner's authority under section #ejd7;b7-- 7i7 extend the period for liquidating unliquidated entries of such covered merchandise that are subject to the determination and that entered before the date of the initiation of the investigation2 or 7ii7 if the ,commissioner has already extended the period for liquidating such entries pursuant to subsection 7e77#a71 continue to extend the period for liquidating such entries2 7,c7 notify the administering authority of the determination and request that the administering authority-- 7i7 identify the applicable antidumping or countervailing duty assessment rates for entries described in subparagraphs 7,a7 and 7,b72 or 7ii7 if no such assessment rate for such an entry is available at the time1 identify the applicable cash deposit rate to be applied to the entry1 with the applicable antidumping or countervailing duty assessment rate to be provided as soon as that rate becomes available2 7,d7 require the posting of cash deposits and assess duties on entries described in subparagraphs 7,a7 and 7,b7 in accordance with the instructions received from the administering authority under paragraph 7#b72 and 7,e7 take such additional enforcement measures as the ,commissioner determines appropriate1 such as-- 7i7 initiating proceedings under section #eib or #eif2 7ii7 implementing1 in consultation with the relevant ,federal agencies1 rule sets or modifications to rules sets for identifying1 particularly through the ,automated ,targeting ,system and the ,automated ,commercial ,environment authorized under section #acjca7;f7 of the ,consolidated ,omnibus ,budget ,reconciliation ,act of #aihe 7#ai ,u4,s4,c4 #eh;c7f771 importers1 other parties1 and merchandise that may be associated with evasion2 7iii7 requiring1 with respect to merchandise for which the importer has repeatedly provided incomplete or erroneous entry summary information in connection with determinations of evasion1 the importer to deposit estimated duties at the time of entry2 and 7iv7 referring the record in whole or in part to ,u4,s4 ,immigration and ,customs ,enforcement for civil or criminal investigation4 7#b7 ,cooperation of administering authority 7,a7 ,in general ,upon receiving a notification from the ,commissioner under paragraph 7#a77;,c71 the administering authority shall promptly provide to the ,commissioner the applicable cash deposit rates and antidumping or countervailing duty assessment rates and any necessary liquidation instructions4 7,b7 ,special rule for cases in which the producer or exporter is unknown ,if the ,commissioner and the administering authority are unable to determine the producer or exporter of the merchandise with respect to which a notification is made under paragraph 7#a77;,c71 the administering authority shall identify1 as the applicable cash deposit rate or antidumping or countervailing duty assessment rate1 the cash deposit or duty 7as the case may be7 in the highest amount applicable to any producer or exporter1 including the all-others rate of the merchandise subject to an antidumping order or countervailing duty order under section #gcf or #gjf1 respectively1 or a finding issued under the ,antidumping ,act1 #aiba1 or any administrative review conducted under section #gea4 7e7 ,interim measures ,not later than #ij calendar days after initiating an investigation under subsection 7b7 with respect to covered merchandise1 the ,commissioner shall decide based on the investigation if there is a reasonable suspicion that such covered merchandise was entered into the customs territory of the ,united ,states through evasion and1 if the ,commissioner decides there is such a reasonable suspicion1 the ,commissioner shall-- 7#a7 suspend the liquidation of each unliquidated entry of such covered merchandise that entered on or after the date of the initiation of the investigation2 7#b7 pursuant to the ,commissioner's authority under section #ejd7;b71 extend the period for liquidating each unliquidated entry of such covered merchandise that entered before the date of the initiation of the investigation2 and 7#c7 pursuant to the ,commissioner's authority under section #fbc1 take such additional measures as the ,commissioner determines necessary to protect the revenue of the ,united ,states1 including requiring a single transaction bond or additional security or the posting of a cash deposit with respect to such covered merchandise4 7f7 ,administrative review 7#a7 ,in general ,not later than #cj business days after the ,commissioner makes a determination under subsection 7c7 with respect to whether covered merchandise was entered into the customs territory of the ,united ,states through evasion1 a person determined to have entered such covered merchandise through evasion or an interested party that filed an allegation under paragraph 7#b7 of subsection 7b7 that resulted in the initiation of an investigation under paragraph 7#a7 of that subsection with respect to such covered merchandise may file an appeal with the ,commissioner for de novo review of the determination4 7#b7 ,timeline for review ,not later than #fj business days after an appeal of a determination is filed under paragraph 7#a71 the ,commissioner shall complete the review of the determination4 7g7 ,judicial review 7#a7 ,in general ,not later than #cj business days after the ,commissioner completes a review under subsection 7f7 of a determination under subsection 7c7 with respect to whether covered merchandise was entered into the customs territory of the ,united ,states through evasion1 a person determined to have entered such covered merchandise through evasion or an interested party that filed an allegation under paragraph 7#b7 of subsection 7b7 that resulted in the initiation of an investigation under paragraph 7#a7 of that subsection with respect to such covered merchandise may commence a civil action in the ,united ,states ,court of ,international ,trade by filing concurrently a summons and complaint contesting any factual findings or legal conclusions upon which the determination is based4 7#b7 ,standard of review ,in a civil action under this subsection1 the court shall hold unlawful any determination1 finding1 or conclusion found to be arbitrary1 capricious1 an abuse of discretion1 or otherwise not in accordance with law4 7h7 ,rule of construction with respect to other civil and criminal proceedings and investigations ,no determination under subsection 7c7 or action taken by the ,commissioner pursuant to this section shall be construed to limit the authority to carry out1 or the scope of1 any other proceeding or investigation pursuant to any other provision of ,federal or ,state law1 including sections #eib and #eif4 4 7b7 ,conforming amendment ,section #aeha7;c7 of title #bh1 ,united ,states ,code1 is amended by inserting or #eag after #eaf;,a4 7c7 ,effective date ,the amendments made by this section shall take effect on the date that is #ahj days after the date of the enactment of this ,act4 7d7 ,regulations ,not later than the date that is #ahj days after the date of the enactment of this ,act1 the ,secretary of the ,treasury shall prescribe such regulations as may be necessary to implement the amendments made by this section4 7e7 ,application to ,canada and ,mexico ,pursuant to article #aijb of the ,north ,american ,free ,trade ,agreement and section #djh of the ,north ,american ,free ,trade ,agreement ,implementation ,act 7#ai ,u4,s4,c4 #cdch71 the amendments made by this section shall apply with respect to goods from ,canada and ,mexico4 #djc4 ,annual report on prevention and investigation of evasion of antidumping and countervailing duty orders 7a7 ,in general ,not later than ,january #ae of each calendar year that begins on or after the date that is #bgj days after the date of the enactment of this ,act1 the ,commissioner1 in consultation with the ,secretary of ,commerce and the ,director of ,u4,s4 ,immigration and ,customs ,enforcement1 shall submit to the ,committee on ,finance of the ,senate and the ,committee on ,ways and ,means of the ,house of ,representatives a report on the efforts being taken to prevent and investigate the entry of covered merchandise into the customs territory of the ,united ,states through evasion4 7b7 ,contents ,each report required under subsection 7a7 shall include-- 7#a7 for the calendar year preceding the submission of the report-- 7,a7 a summary of the efforts of ,u4,s4 ,customs and ,border ,protection to prevent and investigate the entry of covered merchandise into the customs territory of the ,united ,states through evasion2 7,b7 the number of allegations of evasion received under subsection 7b7 of section #eag of the ,tariff ,act of #aicj1 as added by section #djb of this ,act1 and the number of such allegations resulting in investigations by ,u4,s4 ,customs and ,border ,protection or any other agency2 7,c7 a summary of investigations initiated under subsection 7b7 of such section #eag1 including-- 7i7 the number and nature of the investigations initiated1 conducted1 and completed2 and 7ii7 the resolution of each completed investigation2 7,d7 the number of investigations initiated under that subsection not completed during the time provided for making determinations under subsection 7c7 of such section #eag and an explanation for why the investigations could not be completed on time2 7,e7 the amount of additional duties that were determined to be owed as a result of such investigations1 the amount of such duties that were collected1 and1 for any such duties not collected1 a description of the reasons those duties were not collected2 7,f7 with respect to each such investigation that led to the imposition of a penalty1 the amount of the penalty2 7,g7 an identification of the countries of origin of covered merchandise determined under subsection 7c7 of such section #eag to be entered into the customs territory of the ,united ,states through evasion2 7,h7 the amount of antidumping and countervailing duties collected as a result of any investigations or other actions by ,u4,s4 ,customs and ,border ,protection or any other agency2 7,i7 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 prevent and investigate evasion1 including any assessments conducted regarding the allocation of such personnel and resources2 and 7,j7 a description of training conducted to increase expertise and effectiveness in the prevention and investigation of evasion2 and 7#b7 a description of processes and procedures of ,u4,s4 ,customs and ,border ,protection to prevent and investigate 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 those guidelines1 policies1 and practices2 7,c7 an identification of any changes since the last report required by this section1 if any1 that have materially improved or reduced the effectiveness of ,u4,s4 ,customs and ,border ,protection in preventing and investigating evasion2 7,d7 a description of the development and implementation of policies for the application of single entry and continuous bonds for entries of covered merchandise to sufficiently protect the collection of antidumping and countervailing duties commensurate with the level of risk of not collecting those duties2 7,e7 a description of the processes and procedures for increased cooperation and information sharing with the ,department of ,commerce1 ,u4,s4 ,immigration and ,customs ,enforcement1 and any other relevant ,federal agencies to prevent and investigate evasion2 and 7,f7 an identification of any recommended policy changes for other ,federal agencies or legislative changes to improve the effectiveness of ,u4,s4 ,customs and ,border ,protection in preventing and investigating evasion4 7c7 ,public summary ,the ,commissioner shall make available to the public a summary of the report required by subsection 7a7 that includes1 at a minimum-- 7#a7 a description of the type of merchandise with respect to which investigations were initiated under subsection 7b7 of section #eag of the ,tariff ,act of #aicj1 as added by section #djb of this ,act2 7#b7 the amount of additional duties determined to be owed as a result of such investigations and the amount of such duties that were collected2 7#c7 an identification of the countries of origin of covered merchandise determined under subsection 7c7 of such section #eag to be entered into the customs territory of the ,united ,states through evasion2 and 7#d7 a description of the types of measures used by ,u4,s4 ,customs and ,border ,protection to prevent and investigate evasion4 7d7 ,definitions ,in this section1 the terms covered merchandise and evasion have the meanings given those terms in section #eag7;a7 of the ,tariff ,act of #aicj1 as added by section #djb of this ,act4 ,v ,additional trade enforcement and intellectual property rights protection ,a ,trade enforcement #eja4 ,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 report to the ,committee on ,finance of the ,senate and the ,committee on ,ways and ,means of the ,house of ,representatives 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 ,semiannual 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 semiannual 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 semiannual 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 semiannual 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 semiannual 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 semiannual 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 ,sec4 #caj4 ,trade enforcement priorities4 4 #ejb4 ,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 ,representative 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 #cjf7;c77#b7 to reinstate action1 after under section #cja14 #ejc4 ,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 this section1 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 into 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 #g 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 #ejd4 ,honey transshipment 7a7 ,in general ,the ,commissioner shall direct appropriate personnel and resources of ,u4,s4 ,customs and ,border ,protection to address concerns that honey is being imported into the ,united ,states in violation of the customs and trade laws of the ,united ,states4 7b7 ,country of origin 7#a7 ,in general ,the ,commissioner shall compile a database of the individual characteristics of honey produced in foreign countries to facilitate the verification of country of origin markings of imported honey4 7#b7 ,engagement with foreign governments ,the ,commissioner shall seek to engage the customs agencies of foreign governments for assistance in compiling the database described in paragraph 7#a74 7#c7 ,consultation with industry ,in compiling the database described in paragraph 7#a71 the ,commissioner shall consult with entities in the honey industry regarding the development of industry standards for honey identification4 7#d7 ,consultation with food and drug administration ,in compiling the database described in paragraph 7#a71 the ,commissioner shall consult with the ,commissioner of ,food and ,drugs4 7c7 ,report required ,not later than #ahj days after the date of the enactment of this ,act1 the ,commissioner shall submit to ,congress a report that-- 7#a7 describes and assesses the limitations in the existing analysis capabilities of laboratories with respect to determining the country of origin of honey samples or the percentage of honey contained in a sample2 and 7#b7 includes any recommendations of the ,commissioner for improving such capabilities4 7d7 ,sense of congress ,it is the sense of ,congress that the ,commissioner of ,food and ,drugs should promptly establish a national standard of identity for honey for the ,commissioner responsible for ,u4,s4 ,customs and ,border ,protection to use to ensure that imports of honey are-- 7#a7 classified accurately for purposes of assessing duties2 and 7#b7 denied entry into the ,united ,states if such imports pose a threat to the health or safety of consumers in the ,united ,states4 #eje4 ,illicitly imported1 exported1 or trafficked cultural property1 archaeological or ethnological materials1 and fish1 wildlife1 and plants 7a7 ,in general ,the ,commissioner and the ,director of ,u4,s4 ,immigration and ,customs ,enforcement shall ensure that appropriate personnel of ,u4,s4 ,customs and ,border ,protection and ,u4,s4 ,immigration and ,customs ,enforcement1 as the case may be1 are trained in the detection1 identification1 detention1 seizure1 and forfeiture of cultural property1 archaeological or ethnological materials1 and fish1 wildlife1 and plants1 the importation1 exportation1 or trafficking of which violates the laws of the ,united ,states4 7b7 ,training ,the ,commissioner and the ,director are authorized to accept training and other support services from experts outside of the ,federal ,government with respect to the detection1 identification1 detention1 seizure1 and forfeiture of cultural property1 archaeological or ethnological materials1 or fish1 wildlife1 and plants described in subsection 7a74 ,b ,intellectual property rights protection #eaa4 ,establishment of ,chief ,innovation and ,intellectual ,property ,negotiator 7a7 ,in general ,section #ada of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #baga7 is amended-- 7#a7 in subsection 7b71 by striking paragraph 7#b7 and inserting the following3 7#b7 ,there shall be in the ,office three ,deputy ,united ,states ,trade ,representatives1 one ,chief ,agricultural ,negotiator1 and one ,chief ,innovation and ,intellectual ,property ,negotiator1 who shall be appointed by the ,president1 by and with the advice and consent of the ,senate4 ,as an exercise of the rulemaking power of the ,senate1 any nomination of a ,deputy ,united ,states ,trade ,representative1 the ,chief ,agricultural ,negotiator1 or the ,chief ,innovation and ,intellectual ,property ,negotiator submitted to the ,senate for its advice and consent1 and referred to a committee1 shall be referred to the ,committee on ,finance4 ,each ,deputy ,united ,states ,trade ,representative1 the ,chief ,agricultural ,negotiator1 and the ,chief ,innovation and ,intellectual ,property ,negotiator shall hold office at the pleasure of the ,president and shall have the rank of ,ambassador4 2 and 7#b7 in subsection 7c7-- 7,a7 by moving paragraph 7#e7 two ems to the left2 and 7,b7 by adding at the end the following3 7#f7 ,the principal functions of the ,chief ,innovation and ,intellectual ,property ,negotiator shall be to conduct trade negotiations and to enforce trade agreements relating to ,united ,states intellectual property and to take appropriate actions to address acts1 policies1 and practices of foreign governments that have a significant adverse impact on the value of ,united ,states innovation4 ,the ,chief ,innovation and ,intellectual ,property ,negotiator shall be a vigorous advocate on behalf of ,united ,states innovation and intellectual property interests4 ,the ,chief ,innovation and ,intellectual ,property ,negotiator shall perform such other functions as the ,united ,states ,trade ,representative may direct4 4 7b7 ,compensation ,section #ecad of title #e1 ,united ,states ,code1 is amended by striking ,chief ,agricultural ,negotiator4 and inserting the following3 ,chief ,agricultural ,negotiator1 ,office of the ,united ,states ,trade ,representative4 ,chief ,innovation and ,intellectual ,property ,negotiator1 ,office of the ,united ,states ,trade ,representative4 4 7c7 ,report required ,not later than one year after the appointment of the first ,chief ,innovation and ,intellectual ,property ,negotiator pursuant to paragraph 7#b7 of section #ada7;b7 of the ,trade ,act of #aigd1 as amended by subsection 7a71 and annually thereafter1 the ,united ,states ,trade ,representative shall submit to the ,committee on ,finance of the ,senate and the ,committee on ,ways and ,means of the ,house of ,representatives a report describing in detail-- 7#a7 enforcement actions taken by the ,trade ,representative during the year preceding the submission of the report to ensure the protection of ,united ,states innovation and intellectual property interests2 and 7#b7 other actions taken by the ,trade ,representative to advance ,united ,states innovation and intellectual property interests4 #eab4 ,measures relating to countries that deny adequate protection for intellectual property rights 7a7 ,inclusion of countries that deny adequate protection of trade secrets ,section #ahb7;d77#b7 of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #bbdb7;d77#b77 is amended by inserting 1 trade secrets1 after copyrights4 7b7 ,special rules for countries on the priority watch list of the ,united ,states ,trade ,representative 7#a7 ,in general ,section #ahb of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #bbdb7 is amended by striking subsection 7g7 and inserting the following3 7g7 ,special rules for foreign countries on the priority watch list 7#a7 ,action plans 7,a7 ,in general ,not later than #ij days after the date on which the ,trade ,representative submits the ,national ,trade ,estimate under section #aha7;b71 the ,trade ,representative shall develop an action plan described in subparagraph 7,c7 with respect to each foreign country described in subparagraph 7,b74 7,b7 ,foreign country described ,the ,trade ,representative shall develop an action plan pursuant to subparagraph 7,a7 with respect to each foreign country that-- 7i7 the ,trade ,representative has identified for placement on the priority watch list2 and 7ii7 has remained on such list for at least #a year4 7,c7 ,action plan described ,an action plan developed pursuant to subparagraph 7,a7 shall contain the benchmarks described in subparagraph 7,d7 and be designed to assist the foreign country-- 7i7 to achieve-- 7,i7 adequate and effective protection of intellectual property rights2 and 7,,ii7 fair and equitable market access for ,united ,states persons that rely upon intellectual property protection2 or 7ii7 to make significant progress toward achieving the goals described in clause 7i74 7,d7 ,benchmarks described ,the benchmarks contained in an action plan developed pursuant to subparagraph 7,a7 are such legislative1 institutional1 enforcement1 or other actions as the ,trade ,representative determines to be necessary for the foreign country to achieve the goals described in clause 7i7 or 7ii7 of subparagraph 7,c74 7#b7 ,failure to meet action plan benchmarks ,if1 #a year after the date on which an action plan is developed under paragraph 7#a77;,a71 the ,president1 in consultation with the ,trade ,representative1 determines that the foreign country to which the action plan applies has not substantially complied with the benchmarks described in paragraph 7#a77;,d71 the ,president may take appropriate action with respect to the foreign country4 7#c7 ,priority watch list defined ,in this subsection1 the term priority watch list means the priority watch list established by the ,trade ,representative4 7h7 ,annual report ,not later than #cj days after the date on which the ,trade ,representative submits the ,national ,trade ,estimate under section #aha7;b71 the ,trade ,representative shall transmit to the ,committee on ,ways and ,means of the ,house of ,representatives and the ,committee on ,finance of the ,senate a report on actions taken under this section during the #ab months preceding such report1 and the reasons for such actions1 including-- 7#a7 any foreign countries identified under subsection 7a72 7#b7 a description of progress made in achieving improved intellectual property protection and market access for persons relying on intellectual property rights2 and 7#c7 a description of the action plans developed under subsection 7g7 and any actions taken by foreign countries under such plans4 4 7#b7 ,authorization of appropriations 7,a7 ,in general ,there are authorized to be appropriated to the ,office of the ,united ,states ,trade ,representative such sums as may be necessary to provide assistance to any developing country to which an action plan applies under section #ahb7;g7 of the ,trade ,act of #aigd1 as amended by paragraph 7#a71 to facilitate the efforts of the developing country to comply with the benchmarks contained in the action plan4 ,such assistance may include capacity building1 activities designed to increase awareness of intellectual property rights1 and training for officials responsible for enforcing intellectual property rights in the developing country4 7,b7 ,developing country defined ,in this paragraph1 the term developing country means a country classified by the ,world ,bank as having a low-income or lower-middle-income economy4 7#c7 ,rule of construction ,nothing in this subsection shall be construed as limiting the authority of the ,president or the ,united ,states ,trade ,representative to develop action plans other than action plans described in section #ahb7;g7 of the ,trade ,act of #aigd1 as amended by paragraph 7#a71 or to take any action otherwise authorized by law in response to the failure of a foreign country to provide adequate and effective protection and enforcement of intellectual property rights4 ,,vi ,miscellaneous provisions #fja4 ,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 #fjb4 ,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 #fjc4 ,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 #fjd4 ,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 #fje4 ,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 responsible for ,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 #fjf4 ,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 inserting or articles classifiable under the same #h-;digit ,,hts subheading number as such articles1 after any such articles12 7#f7 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#g7 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 article or an article classifiable under the same #h-;digit ,,hts subheading number as 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 responsible for ,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 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 and 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 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 #fjf7q77#b77;,b7 of that ,act71 the ,secretary shall prescribe regulations for determining the calculation of amounts refunded as drawback under this section4 7,b7 ,requirements ,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 up 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 ,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 as 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 #fjf7q77#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 7g71 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 except as provided in paragraphs 7#b77;,b7 and 7#c71 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 7,a7 ,in general ,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-- 7i7 the date on which the ,automated ,commercial ,environment will be ready to process drawback claims2 and 7ii7 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,b7 ,delay of effective date ,if the ,secretary indicates in the report required by subparagraph 7,a7 that the ,automated ,commercial ,environment will not be ready to process drawback claims by the date that is #b years after the date of the enactment of this ,act1 the amendments made by this section shall apply to drawback claims filed on and after the date on which the ,secretary certifies that the ,automated ,commercial ,environment is ready to process drawback claims4 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 #fjg4 ,inclusion of certain information in submission of nomination for appointment as ,deputy ,united ,states ,trade ,representative ,section #ada7;b7 of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #baga7;b77 is amended by adding at the end the following3 7#d7 ,when the ,president submits to the ,senate for its advice and consent a nomination of an individual for appointment as a ,deputy ,united ,states ,trade ,representative under paragraph 7#b71 the ,president shall include in that submission information on the country1 regional offices1 and functions of the ,office of the ,united ,states ,trade ,representative with respect to which that individual will have responsibility4 4 #fjh4 ,biennial reports regarding competitiveness issues facing the ,united ,states economy and competitive conditions for certain key ,united ,states industries 7a7 ,in general ,the ,united ,states ,international ,trade ,commission shall conduct a series of investigations1 and submit a report on each such investigation in accordance with subsection 7c71 regarding competitiveness issues facing the economy of the ,united ,states and competitive conditions for certain key ,united ,states industries4 7b7 ,contents of report 7#a7 ,in general ,each report required by subsection 7a7 shall include1 to the extent practicable1 the following3 7,a7 ,a detailed assessment of competitiveness issues facing the economy of the ,united ,states1 over the #aj-year period beginning on the date on which the report is submitted1 that includes-- 7i7 projections1 over that #aj-year period1 of economic measures1 such as measures relating to production in the ,united ,states and ,united ,states trade1 for the economy of the ,united ,states and for key ,united ,states industries1 based on ongoing trends in the economy of the ,united ,states and global economies and incorporating estimates from prominent ,united ,states1 foreign1 multinational1 and private sector organizations2 and 7ii7 a description of factors that drive economic growth1 such as domestic productivity1 the ,united ,states workforce1 foreign demand for ,united ,states goods and services1 and industry-specific developments4 7,b7 ,a detailed assessment of a key ,united ,states industry or key ,united ,states industries that1 to the extent practicable-- 7i7 identifies with respect to each such industry the principal factors driving competitiveness as of the date on which the report is submitted2 and 7ii7 describes1 with respect to each such industry1 the structure of the global industry1 its market characteristics1 current industry trends1 relevant policies and programs of foreign governments1 and principal factors affecting future competitiveness4 7#b7 ,selection of key ,united ,states industries 7,a7 ,in general ,in conducting assessments required under paragraph 7#a77;,b71 the ,commission shall1 to the extent practicable1 select a different key ,united ,states industry or different key ,united ,states industries for purposes of each report required by subsection 7a74 7,b7 ,consultations with ,congress ,the ,commission shall consult with the ,committee on ,finance of the ,senate and the ,committee on ,ways and ,means of the ,house of ,representatives before selecting the key ,united ,states industry or key ,united ,states industries for purposes of each report required by subsection 7a74 7c7 ,submission of reports 7#a7 ,in general ,not later than ,may #ae1 #bjag1 and every #b years thereafter through #bjbe1 the ,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 most recent investigation conducted under subsection 7a74 7#b7 ,extension of deadline ,the ,commission may1 after consultation with the ,committee on ,finance of the ,senate and the ,committee on ,ways and ,means of the ,house of ,representatives1 submit a report under paragraph 7#a7 later than the date required by that paragraph4 7#c7 ,confidential business information ,a report submitted under paragraph 7#a7 shall not include any confidential business information unless-- 7,a7 the party that submitted the confidential business information to the ,commission had notice1 at the time of submission1 that the information would be released by the ,commission2 or 7,b7 that party consents to the release of the information4 7d7 ,key ,united ,states industry defined ,in this section1 the term key ,united ,states industry means a goods or services industry that-- 7#a7 contributes significantly to ,united ,states economic activity and trade2 or 7#b7 is a potential growth area for the ,united ,states and global markets4 #fji4 ,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 ,senate and the ,committee on ,ways and ,means 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 #faj4 ,charter flights ,section #acjca7;e77#a7 of the ,consolidated ,omnibus ,budget ,reconciliation ,act of #aihe 7#ai ,u4,s4,c4 #eh;c7e77#a77 is amended-- 7#a7 by striking 7#a7 ,notwithstanding section #dea of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #adea7 or any other provision of law 7other than paragraph 7#b77 and inserting the following3 7#a7 7,a7 ,notwithstanding section #dea of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #adea7 or any other provision of law 7other than subparagraph 7,b7 and paragraph 7#b77 2 and 7#b7 by adding at the end the following3 7,b7 7i7 ,an appropriate officer of ,u4,s4 ,customs and ,border ,protection may assign a sufficient number of employees of ,u4,s4 ,customs and ,border ,protection 7if available7 to perform services described in clause 7ii7 for a charter air carrier 7as defined in section #djajb of title #di1 ,united ,states ,code7 for a charter flight arriving after normal operating hours at an airport that is an established port of entry serviced by ,u4,s4 ,customs and ,border ,protection1 notwithstanding that overtime funds for those services are not available1 if the charter air carrier-- 7,i7 not later than #d hours before the flight arrives1 specifically requests that such services be provided2 and 7,,ii7 pays any overtime fees incurred in connection with such services4 7ii7 ,services described in this clause are customs services for passengers and their baggage or any other such service that could lawfully be performed during regular hours of operation4 4 #faa4 ,amendment to ,tariff ,act of #aicj to require country of origin marking of certain castings 7a7 ,in general ,section #cjd7;e7 of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #acjd7;e77 is amended-- 7#a7 in the subsection heading1 by striking ,manhole rings or frames1 covers1 and assemblies thereof and inserting ,castings2 7#b7 by inserting inlet frames1 tree and trench grates1 lampposts1 lamppost bases1 cast utility poles1 bollards1 hydrants1 utility boxes1 before manhole rings12 and 7#c7 by adding at the end before the period the following3 in a location such that it will remain visible after installation4 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 the importation of castings described in such amendments on or after the date that is #ahj days after such date of enactment4