,,ii #aaith ,,congress #ast ,session ,s4 #ief ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #aa 7legislative day1 ,march #aj71 #bjbe,mr4 ,cassidy 7for himself and ,ms4 ,cortez ,masto7 introduced the following bill2 which was read twice and referred to the ,committee on ,finance ,a ,,bill ,to facilitate the entry and processing of merchandise and trade enforcement1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,customs ,facilitation ,act of #bjbe4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,,title ,i--,one ,united ,states ,government at the ,border,sec4 #aja4 ,border ,interagency ,executive ,council4,sec4 #ajb4 ,establishment of single window import and export cargo processing release system4,sec4 #ajc4 ,continued modernization of the ,automated ,commercial ,environment4,sec4 #ajd4 ,authorization of appropriations for uniform system for processing and release of cargo4,,title ,,ii--,modernizing ,customs ,processes,sec4 #bja4 ,simplification of drawback procedures4,sec4 #bjb4 ,streamlined export processes4,sec4 #bjc4 ,treatment of clerical errors in submission of export data4,sec4 #bjd4 ,government ,accountability ,office report on fee schedule of ,u4,s4 ,customs and ,border ,protection4,sec4 #bje4 ,improvements to ,centers of ,excellence and ,expertise4,,title ,,iii--,improving ,customs ,data and ,transparency,sec4 #cja4 ,requirements for regulations relating to data collection for trade enforcement and facilitation4,sec4 #cjb4 ,updates to ,u4,s4 ,customs and ,border ,protection website and ,customs-,trade ,partnership ,against ,terrorism ,trade ,compliance ,handbook4,sec4 #cjc4 ,establishment of deadlines for agency responses to trade community requests4,sec4 #cjd4 ,accessibility of contact information of representatives of ,u4,s4 ,customs and ,border ,protection and ,centers of ,excellence and ,expertise4 ,i ,one ,united ,states ,government at the ,border #aja4 ,border ,interagency ,executive ,council 7a7 ,establishment ,there is established an interagency working group1 to be known as the ,border ,interagency ,executive ,council 7in this section referred to as the ,council71 to serve as an interagency forum to facilitate the development of policies and processes to enhance coordination across customs1 transport security1 health and safety1 sanitary1 conservation1 trade1 and phytosanitary agencies with border management authorities-- 7#a7 to measurably improve supply chain processes and the identification of illicit shipments2 and 7#b7 to facilitate and expedite the flow of legitimate trade4 7b7 ,oversight ,the ,secretary of ,homeland ,security shall oversee the ,council4 7c7 ,chairperson2 vice chairperson 7#a7 ,chairperson ,the ,commissioner of ,u4,s4 ,customs and ,border ,protection or a senior-level designee from ,u4,s4 ,customs and ,border ,protection shall serve as the chairperson of the ,council4 7#b7 ,vice chairperson ,there shall be a vice chairperson of the ,council1 who shall be selected every #b years from among the members of the ,council by a process determined by the members4 7d7 ,membership 7#a7 ,in general ,in addition to the chairperson and vice chairperson1 the ,council shall include designated senior-level representatives who are full-time or permanent part-time employees of ,federal agencies that provide approval before merchandise can be imported into or exported from the ,united ,states1 or that otherwise have the authority to establish or enforce requirements relating to the importation or exportation of merchandise1 including the following3 7,a7 ,the ,department of ,state4 7,b7 ,the ,department of the ,treasury4 7,c7 ,the ,department of ,defense4 7,d7 ,the ,department of the ,interior4 7,e7 ,the ,department of ,agriculture4 7,f7 ,the ,department of ,commerce4 7,g7 ,the ,department of ,health and ,human ,services4 7,h7 ,the ,department of ,transportation4 7,i7 ,the ,department of ,homeland ,security4 7,j7 ,the ,environmental ,protection ,agency4 7,k7 ,such other ,federal agencies1 including independent regulatory and quasi-judicial agencies and commissions1 as the chairperson and vice chairperson consider appropriate4 7#b7 ,representatives of ,executive ,office of ,president ,the ,council may also include appropriate representatives of the ,executive ,office of the ,president4 7#c7 ,waiver of participation ,the ,secretary of ,homeland ,security may waive the participation1 in whole or in part1 of representatives of any agency specified in paragraph 7#a7 in the ,council if the ,secretary considers it appropriate4 7e7 ,functions of ,council ,the ,council shall-- 7#a7 facilitate the development of common risk management principles and methods to inform agency operations associated with the review and release of cargo at the border and to support compliance with applicable law2 7#b7 facilitate the development of policies and processes to coordinate1 improve1 and accelerate agency review of electronic trade-related documentation or information transmitted1 or otherwise made available1 through relevant systems and provide coordinated and streamlined responses back to users to facilitate trade and support compliance with applicable law and international agreements2 7#c7 identify opportunities to use documentation or information relating to the importation of merchandise1 including documentation or information provided prior to the arrival of merchandise into the customs territory of the ,united ,states or the filing of an entry of merchandise with ,u4,s4 ,customs and ,border ,protection1 to facilitate priority processing and the expedited release of such merchandise from the custody of ,u4,s4 ,customs and ,border ,protection and to reduce redundancies in the trade data that each party in a supply chain is required to provide2 7#d7 identify opportunities to streamline ,federal ,government systems and reduce costs through the elimination of redundant capabilities and through enhanced utilization of the capabilities of the ,automated ,commercial ,environment1 or any successor system1 as a means of improving supply chain management processes2 7#e7 identify opportunities to enhance whole-of-,government trade processing capabilities1 including capabilities relating to processing cargo manifests1 collection of advance import and export data1 uniform cargo admissibility and release processes1 entry summaries1 and cargo financial data1 in the ,automated ,commercial ,environment1 or any successor system1 that conform with the criteria for the admissibility of merchandise of all agencies represented on the ,council2 7#f7 enhance uniformity1 consistency1 and transparency1 by facilitating the development1 to the extent practicable and consistent with applicable law1 of a standard nomenclature1 including definitions of relevant terms1 across and within the ,federal agencies represented on the ,council for-- 7,a7 any party in the supply chain2 and 7,b7 any event related to the importation or exportation of merchandise or any customs program2 7#g7 engage with and consider input from the trade community and other relevant stakeholders regarding opportunities to improve supply chain processes and the processing of imported and exported merchandise1 with the goal of promoting economic competitiveness through enhanced trade facilitation and enforcement2 7#h7 encourage other countries to develop similar trade processing capabilities1 including single window systems1 to facilitate the sharing of relevant trade data1 as appropriate1 across governmental systems and with trading partners2 and 7#i7 assess opportunities to facilitate electronic payment of duties1 taxes1 fees1 and charges imposed under ,federal law upon entry of merchandise4 7f7 ,report 7#a7 ,in general ,not later than one year after the date of the enactment of this ,act1 and not later than ,december #ca of every other year thereafter1 the ,council shall make available to the public a report that describes the progress that the ,council has made toward carrying out the functions described under subsection 7e74 7#b7 ,public comment ,the ,council shall provide an opportunity for public comment on the report required by paragraph 7#a74 7g7 ,continuation of members ,an individual serving as a member of the ,border ,interagency ,executive ,council established by ,executive ,order #acfei 7#ai ,u4,s4,c4 #adaa note2 relating to streamlining the export_/import process for ,america's businesses7 on the day before the date of the enactment of this ,act may continue to serve as a member of the ,council established by subsection 7a74 #ajb4 ,establishment of single window import and export cargo processing release system 7a7 ,in general ,in order to advance the national economic security1 trade enforcement1 and trade facilitation missions of ,u4,s4 ,customs and ,border ,protection and partner government agencies of ,u4,s4 ,customs and ,border ,protection1 the ,secretary of ,homeland ,security shall ensure that a scalable1 uniform automated platform provides a system for the processing and release of cargo being imported into and exported from the ,united ,states4 7b7 ,elements ,the system required by subsection 7a7 shall include the following elements3 7#a7 ,incorporation of whole-of-,government trade processing capabilities1 including capabilities relating to processing cargo manifests1 collection of advance import and export data1 uniform cargo admissibility and release processes1 entry summaries1 and cargo financial data1 in the ,automated ,commercial ,environment1 or any successor system1 to conform with the admissibility criteria of-- 7,a7 the ,automated ,commercial ,environment1 or any successor system2 and 7,b7 all agencies-- 7i7 participating in the ,international ,trade ,data ,system established under section #daa7;d7 of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #adaa7;d772 and 7ii7 represented on the ,border ,interagency ,executive ,council1 established in section #aja4 7#b7 ,continued collaboration with the head of each agency participating in the ,international ,trade ,data ,system to make efforts to ensure that-- 7,a7 if data required by a partner government agency is already available in the ,automated ,commercial ,environment1 or any successor system1 as a result of a requirement of ,u4,s4 ,customs and ,border ,protection or another agency1 the system will populate that data for the purpose of reporting the data to the partner government agency and the data will not need to be reported again through a separate submission1 unless ,u4,s4 ,customs and ,border ,protection or the partner government agency determines an additional submission is necessary to confirm the accuracy of data received from #b or more sources2 7,b7 the ,automated ,commercial ,environment1 or a successor system1 provides a partner government agency with any data that is needed to facilitate the coordination and efficient execution of inspections conducted by that partner government agency2 7,c7 a partner government agency interested in obtaining import and export data and conducting or directing its own inspections is able to do so through the manifest and entry functionality of the ,automated ,commercial ,environment1 or a successor system1 and in real time when entries and manifests are submitted1 rather than as a redelivery process when cargo may have already been delivered2 and 7,d7 a partner government agency interested in obtaining clearance data clearly indicates all headings and subheadings of the ,harmonized ,tariff ,schedule of the ,united ,states that are subject to its jurisdiction1 such that the agency is identified when any such heading or subheading of the ,harmonized ,tariff ,schedule is submitted into the ,automated ,commercial ,environment or a successor system4 7#c7 ,any other feature determined by the ,commissioner of ,u4,s4 ,customs and ,border ,protection to be necessary to substantially advance the national economic security1 trade enforcement1 and trade facilitation missions of ,u4,s4 ,customs and ,border ,protection and partner government agencies4 7c7 ,assessment 7#a7 ,in general ,not later #ahj days after the date of the enactment of this ,act1 the ,commissioner of ,u4,s4 ,customs and ,border ,protection shall complete an assessment of whether a technology solution that is capable of delivering the system required by subsection 7a7 is commercially available4 7#b7 ,report required ,if the ,commissioner decides not to acquire a commercially available technology to satisfy the system requirement of subsection 7a71 the ,commissioner shall submit to ,congress a report that includes a description of-- 7,a7 if applicable1 the determination that-- 7i7 developing the system required by subsection 7a7 is more cost effective than acquiring such system from a commercial source2 and 7ii7 a system developed by ,u4,s4 ,customs and ,border ,protection can more adequately address the needs of partner government agencies and the trade community than a system acquired from a commercial source2 and 7,b7 the manner by which the ,commissioner will provide the system required by subsection 7a7 within the timeline and meeting the requirements set forth in subsection 7d74 7d7 ,implementation of the system 7#a7 ,in general ,not later than #a year after the date on which amounts appropriated pursuant to the authorization of appropriations under section #ajd are first made available to ,u4,s4 ,customs and ,border ,protection1 the ,commissioner shall implement the system required by subsection 7a74 7#b7 ,requirements ,in implementing the system required by subsection 7a71 the ,commissioner shall-- 7,a7 collaborate with the ,trade ,support ,network and other members of the trade community as the ,commissioner considers appropriate2 7,b7 ensure that the system provides the same or greater functionality as any system being replaced by the system required by subsection 7a71 to include functionality with respect to the ability of partner government agencies and the trade community to conduct ordinary business2 7,c7 ensure that the system provides the features envisioned in the #bast ,century ,customs ,framework of ,u4,s4 ,customs and ,border ,protection2 and 7,d7 if unable to timely provide a feature of the system required by this section1 consult with the ,trade ,support ,network and other members of the trade community1 as the ,commissioner considers appropriate1 to provide a feature of equal importance4 7#c7 ,exemption from the ,federal ,advisory ,committee ,act ,chapter #aj of title #e1 ,united ,states ,code1 shall not apply to this section or to other efforts of ,u4,s4 ,customs and ,border ,protection to collaborate with members of the trade community with respect to the development of the system required by subsection 7a74 7e7 ,modifications ,to ensure operation of ,international ,trade ,data ,system ,section #daa7;d77#d77;,a7 of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #adaa7;d77#d77;,a77 is amended-- 7#a7 in the matter preceding clause 7i71 by striking and the ,interagency ,steering ,committee and inserting 1 the ,interagency ,steering ,committee1 and the ,border ,interagency ,executive ,council 7established by section #aja of the ,customs ,facilitation ,act of #bjbe71 as appropriate1 and in consultation with the ,commercial ,customs ,operations ,advisory ,committee1 ,trade ,support ,network1 and other members of the trade community as the ,secretary considers necessary12 7#b7 in clause 7i71 by striking the semicolon and inserting 2 and2 7#c7 in clause 7ii71 by striking the semicolon and inserting a period2 and 7#d7 by striking clauses 7iii7 and 7iv74 #ajc4 ,continued modernization of the ,automated ,commercial ,environment 7a7 ,in general ,in order to advance the national economic security1 trade enforcement1 and trade facilitation missions of ,u4,s4 ,customs and ,border ,protection and partner government agencies of ,u4,s4 ,customs and ,border ,protection1 the ,secretary of ,homeland ,security shall provide for the continuous modernization of the ,automated ,commercial ,environment or a successor system4 7b7 ,requirements 7#a7 ,development priorities ,the ,commissioner of ,u4,s4 ,customs and ,border ,protection1 in consultation with the ,commercial ,customs ,operations ,advisory ,committee 7established under section #aji of the ,trade ,facilitation and ,trade ,enforcement ,act of #bjae 7#ai ,u4,s4,c4 #dcaf771 the ,trade ,support ,network1 and any other member of the trade community the ,commissioner considers appropriate1 shall determine the development priorities for the ,automated ,commercial ,environment1 or a successor system4 7#b7 ,collaboration with partner government agencies and industry 7,a7 ,in general ,the ,commissioner of ,u4,s4 ,customs and ,border ,protection shall collaborate with partner government agencies1 the ,commercial ,customs ,operations ,advisory ,committee1 the ,trade ,support ,network1 and any other member of the trade community the ,commissioner considers appropriate1 to ensure that any enhancement to the ,automated ,commercial ,environment1 or a successor system1 is effectively delivered to ,federal agencies and to the trade community4 7,b7 ,meetings 7i7 ,in general ,not later than #ij days after the date of the enactment of this ,act1 and as frequently as the ,commissioner considers appropriate thereafter1 but not less frequently than every #cj days1 the ,commissioner shall convene meetings to solicit feedback on enhancements to the ,automated ,commercial ,environment1 or a successor system4 7ii7 ,attendees ,for each meeting convened under clause 7i71 the ,commissioner shall invite-- 7,i7 any representative from a partner government agency or member of the trade community who has a stake in the system feature being discussed at the meeting2 7,,ii7 any contractor or technical expert that the ,commissioner considers appropriate2 and 7,,iii7 any other stakeholder the ,commissioner considers appropriate4 7iii7 ,tasks ,for each meeting convened under clause 7i71 the ,commissioner shall-- 7,i7 solicit feedback on any enhancement to the ,automated ,commercial ,environment1 or a successor system1 that is planned1 in development1 or newly implemented and is addressed at the meeting2 7,,ii7 conduct user testing or research with respect to any enhancement to the ,automated ,commercial ,environment that is planned1 in development1 or newly implemented2 7,,iii7 maintain a summary of the feedback received with respect to each such enhancement2 and 7,,iv7 incorporate1 to the extent practicable and as aligned with the development priorities determined under paragraph 7#a71 the results of any testing or research conducted under subclause 7,,ii7 into the development of any such enhancement4 7#c7 ,management of communication ,the ,commissioner shall establish1 through the use of a ticketing system or such other means as the ,commissioner considers appropriate1 a mechanism to manage communication relating to the ,automated ,commercial ,environment1 or a successor system1 under which users of the ,automated ,commercial ,environment1 or such successor system1 may report feedback1 including with respect to bugs or any other issue1 and the appropriate contractor or agency may review and respond to such feedback4 7c7 ,report ,not later than #b years after the date of the enactment of this ,act1 and annually thereafter1 the ,commissioner shall submit to ,congress and make available to the public a report that describes the development progress of the ,automated ,commercial ,environment1 or any successor system4 #ajd4 ,authorization of appropriations for uniform system for processing and release of cargo ,there are authorized to be appropriated to the ,secretary of ,homeland ,security for fiscal year #bjbf1 and each fiscal year thereafter1 such sums as may be necessary to carry out improvements in a scalable1 uniform automated platform that provides a system for the processing and release of cargo being imported into and exported from the ,united ,states1 including improvements to and integration of the ,automated ,commercial ,environment1 or any successor system1 as described in section #ajb4 ,,ii ,modernizing ,customs ,processes #bja4 ,simplification of drawback procedures 7a7 ,in general ,section #cac of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #acac7 is amended by inserting after subsection 7s7 the following3 7t7 ,simplification of drawback procedures 7#a7 ,accelerated payment 7,a7 ,in general ,a person that meets the requirements of paragraph 7#c7 and files a claim for drawback under this section shall be paid all estimated duties1 taxes1 and fees covered by the claim while the liquidation of the claim is pending4 7,b7 ,estimated payment exceeds liquidated amount ,if the amount of estimated duties1 taxes1 and fees paid by ,u4,s4 ,customs and ,border ,protection under subparagraph 7,a7 for a drawback claim exceeds an amount that is #bj more than the final liquidated amount for that claim1 the person that filed the claim shall refund to ,u4,s4 ,customs and ,border ,protection the amount by which the amount of estimated duties1 taxes1 and fees paid by ,u4,s4 ,customs and ,border ,protection exceeds the final liquidated amount4 7,c7 ,liquidated amount exceeds estimated payment ,if the final liquidated amount for a drawback claim exceeds an amount that is #bj more than the amount of estimated duties1 taxes1 and fees paid by ,u4,s4 ,customs and ,border ,protection under subparagraph 7,a7 for the claim1 ,u4,s4 ,customs and ,border ,protection shall provide to the person that filed the claim an additional refund in the amount by which the final liquidated amount exceeds the amount of estimated duties1 taxes1 and fees paid by ,u4,s4 ,customs and ,border ,protection4 7#b7 ,prior notice of export not required ,a person that meets the requirements of paragraph 7#c7 shall not be required to provide notice to ,u4,s4 ,customs and ,border ,protection of an export of merchandise to be used in a claim for drawback under this section before exporting the merchandise4 7#c7 ,requirements for claimants ,a person meets the requirements of this paragraph if the person has completed the following3 7,a7 ,submitted to ,u4,s4 ,customs and ,border ,protection information and supporting documentation kept by the person in the normal course of business that evidences the ability of the person to file for and claim drawback under this section1 which submission shall-- 7i7 be deemed complete when submitted to ,u4,s4 ,customs and ,border ,protection by the person2 and 7ii7 apply to all claims for drawback filed by the person under this section after the completion of the submission4 7,b7 ,obtained a properly executed bond securing1 pending liquidation of a drawback claim1 repayment of #ajj percent of the estimated duties1 taxes1 and fees covered by the claim4 7#d7 ,electronic filings for drawback claims ,a person making a claim for drawback under this section shall be allowed to file an amendment to1 or perfection of1 a drawback claim through electronic means4 4 7b7 ,prior approval not required for substitution drawback ,section #cac7;b7 of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #acac7;b77 is amended by adding at the end the following3 7#e7 ,advance approval of claims not required ,a person filing a claim for drawback under paragraph 7#a7 shall not be required to obtain any ruling or approval authorizing drawback under that paragraph from the ,u4,s4 ,customs and ,border ,protection before filing the claim1 but shall exercise reasonable care in determining whether to obtain such a ruling in advance of the filing4 4 7c7 ,regulations ,not later than #ahj days after the date of the enactment of this ,act1 the ,commissioner of ,u4,s4 ,customs and ,border ,protection shall prescribe regulations specifying the information required to be included in submissions made under subsection 7t7 of section #cac of the ,tariff ,act of #aicj1 as added by subsection 7a74 #bjb4 ,streamlined export processes ,section #cjd of title #ac1 ,united ,states ,code1 is amended by adding at the end the following3 7d7 ,regulations relating to advance information 7#a7 ,in general ,the ,secretary of ,commerce shall prescribe regulations to account for advance documentation or information and reports described in subsection 7a7 made available with respect to cargo before the exportation or transportation of the cargo4 7#b7 ,consideration of timelines for submission ,in prescribing regulations under paragraph 7#a71 the ,secretary shall-- 7,a7 consider how the different business models of persons submitting advance documentation or information under subsection 7a7 impact the availability of the documentation or information2 and 7,b7 adjust the timelines required for the submission of that documentation or information as appropriate4 7#c7 ,avoidance of redundancy ,if information relating to the exportation or transportation of cargo provided under this section or section #dca of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #adca7 is redundant with information required to be provided under any other provision of law1 the ,secretary shall1 pursuant to the regulations prescribed under paragraph 7#a71 work jointly with the ,commissioner of ,u4,s4 ,customs and ,border ,protection to ensure that the provision of the information under this section or such section #dca satisfies the requirement to provide the information under such other provision of law1 to the extent practicable4 4 #bjc4 ,treatment of clerical errors in submission of export data ,section #cje7;b7 of title #ac1 ,united ,states ,code1 is amended-- 7#a7 by striking ,the ,secretary and inserting the following3 7#a7 ,in general ,the ,secretary 2 and 7#b7 by adding at the end the following3 7#b7 ,treatment of clerical errors ,for purposes of paragraph 7#a71 clerical errors or mistakes of fact are not violations unless they are part of a pattern of violative conduct4 ,the mere nonintentional repetition by an electronic system of an initial clerical error does not constitute a pattern of violative conduct4 4 #bjd4 ,government ,accountability ,office report on fee schedule of ,u4,s4 ,customs and ,border ,protection ,not later than one year after the date of the enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall submit to ,congress a report on the fee schedule of ,u4,s4 ,customs and ,border ,protection that includes-- 7#a7 an assessment of-- 7,a7 how that schedule might be restructured2 and 7,b7 ways-- 7i7 to reduce costs for the entities in the trade community that are the most compliant with the customs and trade laws of the ,united ,states 7as defined in section #b of the ,trade ,facilitation and ,trade ,enforcement ,act of #bjae 7#ai ,u4,s4,c4 #dcja772 and 7ii7 to ensure that all entities that benefit from customs services provided by ,u4,s4 ,customs and ,border ,protection pay for those services2 and 7#b7 recommendations for ,congress4 #bje4 ,improvements to ,centers of ,excellence and ,expertise ,section #aaj7;a7 of the ,trade ,facilitation and ,trade ,enforcement ,act of #bjae 7#ai ,u4,s4,c4 #dcag7;a77 is amended-- 7#a7 in paragraph 7#h71 by striking 2 and and inserting a semicolon2 7#b7 in paragraph 7#i71 by striking the period and inserting a semicolon2 and 7#c7 by adding at the end the following3 7#aj7 develop procedures1 informed compliance publications1 or other guidance with respect to the entry of merchandise in compliance with the law2 and 7#aa7 provide guidance to importers on the post-entry and clearance procedures for imported merchandise impacted by admissibility issues including alleged violations of section #cjg of the ,trade ,act of #aicj 7#ai ,u4,s4,c4 #acjg74 4 ,,iii ,improving ,customs ,data and ,transparency #cja4 ,requirements for regulations relating to data collection for trade enforcement and facilitation 7a7 ,requirements for new regulations ,in developing and imposing regulations requiring the collection of additional information for the purposes of trade enforcement and facilitation1 each official described in subsection 7b7 shall adhere to the following3 7#a7 ,the official shall solicit comments from and consult with a broad range of parties likely to be affected by the regulations1 including importers1 exporters1 carriers1 customs brokers1 platforms1 and freight forwarders1 and other interested parties4 7#b7 ,in general1 the requirement to provide particular information shall be imposed on parties with direct knowledge of that information1 as appropriate4 ,where requiring information from a party with direct knowledge of that information is not practicable1 the regulations shall take into account how1 under ordinary and reasonable commercial practices1 information is acquired by a party on which the requirement is imposed1 and whether and how such party is reasonably able to verify the information4 ,where information is not reasonably verifiable by a party on which a requirement is imposed1 the regulations shall permit that party to transmit information on the basis of what the party reasonably believes to be true based on commercially reasonable practices4 7#c7 ,the official shall take into account the existence of competitive relationships among the parties on which requirements to provide particular information are imposed4 7#d7 ,where the regulations impose requirements on carriers of cargo1 the regulations shall take into account differences among different modes of transportation1 including differences in commercial practices1 operational characteristics1 and technological capacity to collect and transmit information electronically4 7#e7 ,the regulations shall take into account the extent to which the technology necessary for parties to transmit and ,u4,s4 ,customs and ,border ,protection to receive and analyze data in a timely fashion is available4 ,to the extent the official determines that the necessary technology will not be widely available to particular modes of transportation or other affected parties until after promulgation of the regulations1 the regulations shall-- 7,a7 provide interim requirements appropriate for the technology that is available at the time of promulgation2 or 7,b7 other accommodations4 7#f7 ,in determining the timing for transmittal of any information1 the official shall balance likely impact on flow of commerce with impact on trade enforcement4 ,with respect to requirements that may be imposed on carriers of cargo1 the timing for transmittal of information shall take into account differences among different modes of transportation1 as described in paragraph 7#d74 7#g7 ,where practicable1 the regulations shall avoid imposing requirements that are redundant with one another or that are redundant with requirements in other provisions of law4 7#h7 ,the official shall determine whether it is appropriate to provide transition periods between promulgation of the regulations and the effective date of the regulations and shall prescribe such transition periods in the regulations1 as appropriate1 taking into account different business models4 7#i7 ,the official shall1 in collaboration with the ,commissioner of ,u4,s4 ,customs and ,border ,protection and the ,postmaster ,general1 prescribe regulations requiring the ,united ,states ,postal ,service to transmit the information described in this subsection to the ,commissioner of ,u4,s4 ,customs and ,border ,protection for international mail shipments by the ,postal ,service 7including shipments to the ,postal ,service from foreign postal operators that are transported by private carrier74 7b7 ,officials described ,the officials described in this subsection are-- 7#a7 the ,secretary of the ,treasury2 7#b7 the ,secretary of ,homeland ,security2 and 7#c7 the head of each agency represented on the ,border ,interagency ,executive ,council established by section #aja4 #cjb4 ,updates to ,u4,s4 ,customs and ,border ,protection website and ,customs-,trade ,partnership ,against ,terrorism ,trade ,compliance ,handbook 7a7 ,notification of changes 7#a7 ,in general ,the ,commissioner of ,u4,s4 ,customs and ,border ,protection shall consult with and notify members of the trade community if content related to minimum security criteria is added to or removed from the publicly accessible website of ,u4,s4 ,customs and ,border ,protection or the ,trade ,compliance ,handbook for the ,customs-,trade ,partnership ,against ,terrorism4 7#b7 ,content of notifications ,a notification required by paragraph 7#a7 shall include a summary and explanation of the reasons for the addition or removal of the content4 7#c7 ,model ,the ,commissioner shall use the process of the ,united ,states ,international ,trade ,commission for disclosing modifications to the ,harmonized ,tariff ,schedule of the ,united ,states as a model for the notification required by paragraph 7#a74 7b7 ,additions to ,trade ,compliance ,handbook ,in addition to providing the notification required by subsection 7a77#a71 the ,commissioner shall consult with members of the trade community with respect to any new requirements that may be added to the ,trade ,compliance ,handbook of the ,customs-,trade ,partnership ,against ,terrorism4 7c7 ,revisions to ,trade ,compliance ,handbook ,the ,commissioner shall revise the ,trade ,compliance ,handbook of the ,customs-,trade ,partnership ,against ,terrorism to include constructive and detailed context for best practices for mitigating the risk of importing merchandise produced using forced labor4 7d7 ,consultations with ,forced ,labor ,enforcement ,task ,force ,in revising the ,trade ,compliance ,handbook of the ,customs-,trade ,partnership ,against ,terrorism under this section1 the ,commissioner shall consult with the ,forced ,labor ,enforcement ,task ,force to ensure consistent messaging and streamlining of resources4 #cjc4 ,establishment of deadlines for agency responses to trade community requests 7a7 ,in general ,not later than one year after the date of the enactment of this ,act1 the ,commissioner of ,u4,s4 ,customs and ,border ,protection-- 7#a7 shall review any regulations governing deadlines for rulings and decisions of ,u4,s4 ,customs and ,border ,protection1 including with respect to petitions1 protests1 and requests for advice1 and customs rulings2 and 7#b7 may1 in consultation with members of the ,commercial ,customs ,operations ,advisory ,committee1 revise such regulations4 7b7 ,updates to existing deadlines ,in a case in which a deadline is already established for a response described in subsection 7a71 the ,commissioner shall-- 7#a7 review the deadline2 and 7#b7 if appropriate1 revise the deadline to be more expeditious4 7c7 ,report required ,not later than one year after the date of the enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall submit to ,congress and make available to the public a report on rulings and decisions of ,u4,s4 ,customs and ,border ,protection that includes-- 7#a7 an assessment of-- 7,a7 the average annual number of rulings and decisions described in subsection 7a7 considered by ,u4,s4 ,customs and ,border ,protection1 including such rulings and decisions that are not subject to a statutory or regulatory deadline2 7,b7 the average response time of ,u4,s4 ,customs and ,border ,protection to petitions1 protests1 and requests for advice1 including the total amount of responses made before and after the applicable statutory or regulatory deadline2 7,c7 the average time for issuance of customs rulings by ,u4,s4 ,customs and ,border ,protection1 including the total amount of rulings issued before and after the applicable statutory or regulatory deadline2 7,d7 for deadlines not met1 the average time it took for ,u4,s4 ,customs and ,border ,protection to respond or issue a ruling2 7,e7 reasons provided by ,u4,s4 ,customs and ,border ,protection explaining why the deadlines were not met2 and 7,f7 in the case of rulings and decisions not subject to a statutory or regulatory deadline1 reasons for the length of time for issuing such rulings and making such decisions2 7#b7 a description of the petition and protest process1 including timelines that apply under statutes or regulations as of the date of the report2 and 7#c7 recommendations for ,congress on improving the time taken by ,u4,s4 ,customs and ,border ,protection to respond to petitions1 protests1 and requests for advice and to issue rulings4 #cjd4 ,accessibility of contact information of representatives of ,u4,s4 ,customs and ,border ,protection and ,centers of ,excellence and ,expertise ,the ,commissioner of ,u4,s4 ,customs and ,border ,protection shall develop a system to assist members of the trade community in quickly and easily identifying up-to-date contact information for-- 7#a7 personnel within the headquarters of ,u4,s4 ,customs and ,border ,protection that interact with members of the trade community2 7#b7 personnel of ,u4,s4 ,customs and ,border ,protection and partner government agencies at ports of entry that interact with members of the trade community2 and 7#c7 personnel of the ,centers of ,excellence and ,expertise established under section #aaj of the ,trade ,facilitation and ,trade ,enforcement ,act of #bjae 7#ai ,u4,s4,c4 #dcag7 that interact with members of the trade community4