S 1631 ISCommentsClose CommentsPermalink

To reauthorize customs facilitation and trade enforcement functions and programs, and for other purposes.CommentsClose CommentsPermalink

August 6, 2009CommentsClose CommentsPermalink

Mr. BAUCUS (for himself and Mr. GRASSLEY) introduced the following bill; which was read twice and referred to the Committee on FinanceCommentsClose CommentsPermalink

To reauthorize customs facilitation and trade enforcement functions and programs, and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title- This Act may be cited as the ‘Customs Facilitation and Trade Enforcement Reauthorization Act of 2009’.CommentsClose CommentsPermalink





(b) Table of Contents- The table of contents for this Act is as follows:CommentsClose CommentsPermalink





Sec. 1. Short title; table of contents.CommentsClose CommentsPermalink





Sec. 2. Definitions.CommentsClose CommentsPermalink

TITLE I--CUSTOMS FACILITATION

Subtitle A--Functions Other Than Investigative Functions

Sec. 101. Establishment of Agency; Commissioner.CommentsClose CommentsPermalink





Sec. 102. Officers and employees.CommentsClose CommentsPermalink





Sec. 103. Separate budget for U.S. Customs and Border Protection Agency.CommentsClose CommentsPermalink





Sec. 104. Revolving fund.CommentsClose CommentsPermalink





Sec. 105. Advances in foreign countries.CommentsClose CommentsPermalink





Sec. 106. Advances for enforcement of customs provisions.CommentsClose CommentsPermalink





Sec. 107. Certification of reason for advance.CommentsClose CommentsPermalink





Sec. 108. Payments in foreign countries; claims for reimbursement.CommentsClose CommentsPermalink





Sec. 109. Customs administration.CommentsClose CommentsPermalink





Sec. 110. Personnel.CommentsClose CommentsPermalink





Sec. 111. Authorization of appropriations.CommentsClose CommentsPermalink

Subtitle B--Investigative Functions

Sec. 121. Establishment of Agency.CommentsClose CommentsPermalink





Sec. 122. Separate budget for U.S. Immigration and Customs Enforcement Agency.CommentsClose CommentsPermalink





Sec. 123. Undercover investigative operations.CommentsClose CommentsPermalink





Sec. 124. Authorization of appropriations.CommentsClose CommentsPermalink

Subtitle C--Joint Strategic Plan

Sec. 131. Joint Strategic Plan.CommentsClose CommentsPermalink

TITLE II--CUSTOMS FACILITATION, TRADE ENFORCEMENT, AND TRANSPARENCY

Subtitle A--Customs Facilitation and Transparency

Sec. 201. Trade benefits under the Customs-Trade Partnership Against Terrorism.CommentsClose CommentsPermalink





Sec. 202. Customs Facilitation Partnership Program.CommentsClose CommentsPermalink





Sec. 203. Consultations with respect to mutual recognition agreements.CommentsClose CommentsPermalink





Sec. 204. Commercial Customs Operations Advisory Committee.CommentsClose CommentsPermalink





Sec. 205. Automated Commercial Environment computer system.CommentsClose CommentsPermalink





Sec. 206. International Trade Data System.CommentsClose CommentsPermalink





Sec. 207. Electronic submission of public comments.CommentsClose CommentsPermalink

Subtitle B--Trade Enforcement

Chapter 1--Commercial Risk Assessment Targeting

Sec. 211. Commercial Targeting Division and National Targeting and Analysis Groups.CommentsClose CommentsPermalink





Sec. 212. Annual illegal drug control law enforcement strategy.CommentsClose CommentsPermalink





Sec. 213. Report on oversight of revenue protection and enforcement measures by the inspector general.CommentsClose CommentsPermalink





Sec. 214. Report on security and revenue measures with respect to merchandise transported in bond.CommentsClose CommentsPermalink





Sec. 215. Importer of record program.CommentsClose CommentsPermalink

Chapter 2--Import Health and Safety

Sec. 221. Interagency Import Safety Working Group.CommentsClose CommentsPermalink





Sec. 222. Joint Import Safety Rapid Response Plan.CommentsClose CommentsPermalink





Sec. 223. Training.CommentsClose CommentsPermalink

Chapter 3--Import-Related Protection of Intellectual Property Rights

Sec. 231. Intellectual property rights.CommentsClose CommentsPermalink





Sec. 232. National Intellectual Property Rights Coordination Center.CommentsClose CommentsPermalink





Sec. 233. Joint strategic plan for the enforcement of intellectual property rights.CommentsClose CommentsPermalink





Sec. 234. Repeated import-related infringement of intellectual property rights.CommentsClose CommentsPermalink





Sec. 235. Personnel dedicated to the enforcement of intellectual property rights.CommentsClose CommentsPermalink





Sec. 236. Training with respect to the enforcement of intellectual property rights.CommentsClose CommentsPermalink





Sec. 237. Recordation of works for which a copyright is pending.CommentsClose CommentsPermalink





Sec. 238. Availability of samples to owners of copyrights and trademarks or persons injured by the importation of circumvention devices.CommentsClose CommentsPermalink





Sec. 239. Seizure of circumvention devices.CommentsClose CommentsPermalink





Sec. 240. Information for travelers regarding violations of intellectual property rights.CommentsClose CommentsPermalink





Sec. 241. International cooperation and information sharing.CommentsClose CommentsPermalink





Sec. 242. Sense of Congress regarding recordation process.CommentsClose CommentsPermalink

TITLE III--MISCELLANEOUS PROVISIONS

Sec. 301. Consultation on trade and customs revenue functions.CommentsClose CommentsPermalink





Sec. 302. Drawback for exported merchandise.CommentsClose CommentsPermalink





Sec. 303. Penalties for customs brokers.CommentsClose CommentsPermalink





Sec. 304. Articles repaired or altered.CommentsClose CommentsPermalink





Sec. 305. Charter flights.CommentsClose CommentsPermalink





Sec. 306. Symposium fees.CommentsClose CommentsPermalink





Sec. 307. Pilot program for establishing 24-hour commercial land border ports of entry.CommentsClose CommentsPermalink





Sec. 308. Prohibition on importation of goods made with forced or indentured labor or by benefit of human trafficking.CommentsClose CommentsPermalink





Sec. 309. Honey transshipment.CommentsClose CommentsPermalink





Sec. 310. Contraband archaeological or ethnological materials.CommentsClose CommentsPermalink





Sec. 311. De minimis and informal entries.CommentsClose CommentsPermalink

SEC. 2. DEFINITIONS.

In this Act:CommentsClose CommentsPermalink





(1) COMMERCIAL CUSTOMS OPERATIONS ADVISORY COMMITTEE- The term ‘Commercial Customs Operations Advisory Committee’ means the Advisory Committee established pursuant to section 202 of this Act or any successor committee.CommentsClose CommentsPermalink





(2) CUSTOMS AND TRADE LAWS OF THE UNITED STATES- The term ‘customs and trade laws of the United States’ includes the following:CommentsClose CommentsPermalink





(A) The Tariff Act of 1930.CommentsClose CommentsPermalink





(B) Section 249 of the Revised Statutes of the United States (19 U.S.C. 3).CommentsClose CommentsPermalink





(C) Section 2 of the Act of March 4, 1923 (19 U.S.C. 6).CommentsClose CommentsPermalink





(D) Section 13031 of the Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c).CommentsClose CommentsPermalink





(E) Section 251 of the Revised Statutes of the United States (19 U.S.C. 66).CommentsClose CommentsPermalink





(F) Section 1 of the Act of June 26, 1930 (19 U.S.C. 68).CommentsClose CommentsPermalink





(G) The Foreign Trade Zones Act (19 U.S.C. 81a et seq.).CommentsClose CommentsPermalink





(H) Section 1 of the Act of March 2, 1911 (19 U.S.C. 198).CommentsClose CommentsPermalink





(I) The Trade Act of 1974.CommentsClose CommentsPermalink





(J) The Trade Agreements Act of 1979.CommentsClose CommentsPermalink





(K) The North American Free Trade Area Implementation Act.CommentsClose CommentsPermalink





(L) The Uruguay Round Agreements Act.CommentsClose CommentsPermalink





(M) The Caribbean Basin Economic Recovery Act.CommentsClose CommentsPermalink





(N) The Andean Trade Preference Act.CommentsClose CommentsPermalink





(O) The African Growth and Opportunity Act.CommentsClose CommentsPermalink





(P) The Act of March 3, 1927 (44 Stat. 1381, chapter 348; 19 U.S.C. 2071 et seq.).CommentsClose CommentsPermalink





(Q) The Customs Enforcement Act of 1986 (Public Law 99-570; 100 Stat. 3207-79).CommentsClose CommentsPermalink





(R) The Customs and Trade Act of 1990 (Public Law 101-382; 104 Stat. 629).CommentsClose CommentsPermalink





(S) The Customs Procedural Reform and Simplification Act of 1978 (Public Law 95-410; 92 Stat. 888).CommentsClose CommentsPermalink





(T) The Trade Act of 2002 (Public Law 107-210; 116 Stat. 933).CommentsClose CommentsPermalink





(U) The Convention on Cultural Property Implementation Act (19 U.S.C. 2601 et seq.).CommentsClose CommentsPermalink





(V) The Act of August 7, 1939 (53 Stat. 1263, chapter 566; 19 U.S.C. 2077 et seq.).CommentsClose CommentsPermalink





(W) Any other provision of law vesting customs revenue functions in the Secretary of the Treasury.CommentsClose CommentsPermalink





(X) Any other provision of law relating to customs facilitation or trade enforcement that is administered by the U.S. Customs and Border Protection Agency on behalf of any Federal agency that is required to participate in the International Trade Data System.CommentsClose CommentsPermalink





(Y) Any other provision of customs or trade law administered by the U.S. Customs and Border Protection Agency.CommentsClose CommentsPermalink





(3) CUSTOMS REVENUE FUNCTION- The term ‘customs revenue function’ has the meaning given that term in section 415 of the Homeland Security Act of 2002 (6 U.S.C. 215).CommentsClose CommentsPermalink





(4) PRIVATE SECTOR ENTITY- The term ‘private sector entity’ means--CommentsClose CommentsPermalink





(A) an importer;CommentsClose CommentsPermalink





(B) an exporter;CommentsClose CommentsPermalink





(C) a forwarder;CommentsClose CommentsPermalink





(D) an air, sea, or land carrier or shipper;CommentsClose CommentsPermalink





(E) a contract logistics provider;CommentsClose CommentsPermalink





(F) a customs broker; orCommentsClose CommentsPermalink





(G) any other person involved in the importation or exportation of goods into or out of the United States.CommentsClose CommentsPermalink





(5) JOINT STRATEGIC PLAN- The term ‘Joint Strategic Plan’ means the plan required by section 123A of the Customs and Trade Act of 1990, as added by section 131 of this Act.CommentsClose CommentsPermalink





(6) TRADE SUPPORT NETWORK- The term ‘Trade Support Network’ means the network of private sector entities that provide input on the design and development of modernization projects of the U.S. Customs and Border Protection Agency.CommentsClose CommentsPermalink

TITLE I--CUSTOMS FACILITATIONCommentsClose CommentsPermalink

Subtitle A--Functions Other Than Investigative FunctionsCommentsClose CommentsPermalink

SEC. 101. ESTABLISHMENT OF AGENCY; COMMISSIONER.

(a) In General- The first section of the Act of March 3, 1927 (44 Stat. 1381, chapter 348; 19 U.S.C. 2071), is amended to read as follows:CommentsClose CommentsPermalink

‘SECTION 1. ESTABLISHMENT OF U.S. CUSTOMS AND BORDER PROTECTION AGENCY; COMMISSIONER.

‘(a) Establishment of U.S. Customs and Border Protection Agency- There is established in the Department of Homeland Security the U.S. Customs and Border Protection Agency.CommentsClose CommentsPermalink





‘(b) Establishment of Commissioner of U.S. Customs and Border Protection- The head of the U.S. Customs and Border Protection Agency shall be a Commissioner of U.S. Customs and Border Protection (in this Act, referred to as the ‘Commissioner’), who shall--CommentsClose CommentsPermalink





‘(1) be appointed by the President, by and with the advice and consent of the Senate;CommentsClose CommentsPermalink





‘(2) carry out the duties described in subsection (c); andCommentsClose CommentsPermalink





‘(3) report directly to the Secretary of Homeland Security.CommentsClose CommentsPermalink





‘(c) Duties-CommentsClose CommentsPermalink





‘(1) IN GENERAL- The duties of the Commissioner shall be--CommentsClose CommentsPermalink





‘(A) to carry out the duties and powers prescribed by law and such other duties as the Secretary of Homeland Security may assign;CommentsClose CommentsPermalink





‘(B) to direct the administration of the commercial operations as described in paragraph (2) and the noncommercial operations of the U.S. Customs and Border Protection Agency; andCommentsClose CommentsPermalink





‘(C) to otherwise safeguard the economic and homeland security interests of the United States at land borders and ports of entry.CommentsClose CommentsPermalink





‘(2) COMMERCIAL OPERATIONS- The commercial operations of the U.S. Customs and Border Protection Agency shall include--CommentsClose CommentsPermalink





‘(A) administering any customs revenue function delegated by the Secretary of the Treasury to the Secretary of Homeland Security pursuant to section 412 of the Homeland Security Act of 2002 (6 U.S.C. 212);CommentsClose CommentsPermalink





‘(B) facilitating legitimate international trade, and enforcing the customs and trade laws of the United States to the extent of the authority of the Commissioner under such laws;CommentsClose CommentsPermalink





‘(C) coordinating all efforts of the Department of Homeland Security to facilitate legitimate international trade and to enforce the customs and trade laws of the United States;CommentsClose CommentsPermalink





‘(D) coordinating, on behalf of the Department of Homeland Security, efforts among executive branch agencies to facilitate legitimate trade and to enforce the customs and trade laws of the United States, including--CommentsClose CommentsPermalink





‘(i) representing the Department of Homeland Security in interagency fora addressing such efforts; andCommentsClose CommentsPermalink





‘(ii) coordinating with the Director of U.S. Immigration and Customs Enforcement to develop and implement the Joint Strategic Plan required under section 123A of the Customs and Trade Act of 1990 (as added by section 131 of the Customs Facilitation and Trade Enforcement Reauthorization Act of 2009);CommentsClose CommentsPermalink





‘(E) coordinating, on behalf of the United States, efforts with foreign customs agencies to facilitate legitimate international trade and to enforce the customs and trade laws of the United States and of foreign countries;CommentsClose CommentsPermalink





‘(F) consulting with the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives on a regular and timely basis regarding the status and substance of international negotiations relating to the customs and trade laws of the United States, or of foreign countries, in which personnel of the U.S. Customs and Border Protection Agency are participating;CommentsClose CommentsPermalink





‘(G) collecting, assessing, and disseminating information as appropriate and in accordance with law, regarding cargo destined for the United States, to ensure that such cargo complies with the customs and trade laws of the United States and to facilitate the legitimate international trade of such cargo;CommentsClose CommentsPermalink





‘(H) soliciting and considering on a regular basis input from the private sector, including the Commercial Customs Operations Advisory Committee, the Trade Support Network, and private sector entities affected by the efforts of the Federal Government to facilitate legitimate international trade and to enforce the customs and trade laws of the United States, with respect to--CommentsClose CommentsPermalink





‘(i) the implementation of new or amended customs and trade laws; andCommentsClose CommentsPermalink





‘(ii) the development, implementation, or revision of policies or regulations administered by the U.S. Customs and Border Protection Agency;CommentsClose CommentsPermalink





‘(I) consulting on a regular basis with 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, regarding the resource needs of the U.S. Customs and Border Protection Agency to safeguard the economic security interests of the United States at land borders and ports of entry; andCommentsClose CommentsPermalink





‘(J) otherwise advising the Secretary of Homeland Security with respect to the development of policies associated with facilitating legitimate international trade and enforcing the customs and trade laws of the United States.CommentsClose CommentsPermalink





‘(3) DEFINITIONS- The terms ‘Commercial Customs Operations Advisory Committee’, ‘customs and trade laws of the United States’, ‘private sector entity’, and ‘Trade Support Network’ have the meaning given such terms in section 2 of the Customs Facilitation and Trade Enforcement Reauthorization Act of 2009.CommentsClose CommentsPermalink





‘(d) Compensation- The Commissioner of U.S. Customs and Border Protection, Department of Homeland Security, shall be compensated at the rate of pay for level III of the Executive Schedule as provided in section 5314 of title 5, United States Code.CommentsClose CommentsPermalink





‘(e) Absence or Disability of Commissioner- The Principal Deputy Commissioner, appointed pursuant to section 2, shall act as Commissioner of U.S. Customs and Border Protection during the absence or disability of the Commissioner of U.S. Customs and Border Protection, or in the event that there is no Commissioner of U.S. Customs and Border Protection.’.CommentsClose CommentsPermalink





(b) Administrative Continuity- The Act of March 3, 1927 (44 Stat. 1381, chapter 348; 19 U.S.C. 2073), is amended by striking section 3 and inserting the following:CommentsClose CommentsPermalink

‘SEC. 3. TRANSFER OF FUNCTIONS, ASSETS, LIABILITIES, AND DUTIES.

‘(a) In General- Section 411 of the Homeland Security Act of 2002 (6 U.S.C. 211) is repealed, and the functions and associated personnel, assets, and liabilities, identified under such section 411 on the day before the date of the enactment of the Customs Facilitation and Trade Enforcement Reauthorization Act of 2009, are transferred to the U.S. Customs and Border Protection Agency.CommentsClose CommentsPermalink





‘(b) Continuation in Office- The individual serving as Commissioner of Customs, in the Department of Homeland Security on the day before the date of the enactment of the Customs Facilitation and Trade Enforcement Reauthorization Act of 2009 may serve as the Commissioner of the U.S. Customs and Border Protection Agency until the earlier of--CommentsClose CommentsPermalink





‘(1) the date on which such individual is no longer eligible to serve as Commissioner of Customs; orCommentsClose CommentsPermalink





‘(2) the date on which a person nominated by the President to be the Commissioner of U.S. Customs and Border Protection is confirmed by the Senate.’.CommentsClose CommentsPermalink





(c) Reference- On and after the effective date of this Act, any reference in law or regulations to the ‘Commissioner of Customs’ or the ‘Commissioner of the Customs Service’ shall be deemed to be a reference to the Commissioner of U.S. Customs and Border Protection established pursuant to the first section of the Act of March 3, 1927, as amended by subsection (a) of this section.CommentsClose CommentsPermalink





(d) Conforming Amendments-CommentsClose CommentsPermalink





(1) TITLE 5- Section 5314 of title 5, United States Code, is amended by striking ‘Commissioner of Customs, Department of the Treasury’ and inserting ‘Commissioner of U.S. Customs and Border Protection, Department of Homeland Security’.CommentsClose CommentsPermalink





(2) TABLE OF CONTENTS- The table of contents for the Homeland Security Act of 2002 is amended by striking the item relating to section 411 and inserting the following:CommentsClose CommentsPermalink





‘Sec. 411. Reserved.’.CommentsClose CommentsPermalink

SEC. 102. OFFICERS AND EMPLOYEES.

(a) In General- The Act of March 3, 1927 (44 Stat. 1381, chapter 348; 19 U.S.C. 2072), is amended by striking section 2 and inserting the following:CommentsClose CommentsPermalink

‘SEC. 2. PRINCIPAL DEPUTY COMMISSIONER; DEPUTY COMMISSIONER; OTHER OFFICERS.

‘(a) Principal Deputy Commissioner-CommentsClose CommentsPermalink





‘(1) IN GENERAL- There shall be in the U.S. Customs and Border Protection Agency established by the first section, 1 Principal Deputy Commissioner who shall be appointed by the President, by and with the advice and consent of the Senate.CommentsClose CommentsPermalink





‘(2) COMMITTEE REFERRAL- As an exercise of the rulemaking power of the Senate, a nomination for Principal Deputy Commissioner of U.S. Customs and Border Protection shall be referred to the Committee on Finance of the Senate.CommentsClose CommentsPermalink





‘(3) DUTIES- The duties of the Principal Deputy Commissioner shall include--CommentsClose CommentsPermalink





‘(A) primary oversight of the commercial operations of the U.S. Customs and Border Protection Agency;CommentsClose CommentsPermalink





‘(B) overseeing the operations of the Office of Trade established pursuant to section 4 of this Act;CommentsClose CommentsPermalink





‘(C) coordinating the establishment of standards and policies for designing, developing, delivering, and evaluating training programs for the U.S. Customs and Border Protection Agency personnel with responsibilities for customs facilitation and trade enforcement;CommentsClose CommentsPermalink





‘(D) overseeing the development and implementation of information technology, research, and communication functions, including automation and modernization strategies, that support the operations of the U.S. Customs and Border Protection Agency, including the implementation of the Automated Commercial Environment computer system authorized under section 13031(f)(5) of the Consolidated Omnibus Budget and Reconciliation Act of 1985 (19 U.S.C. 58c(f)(5));CommentsClose CommentsPermalink





‘(E) overseeing the administration of customs revenue functions performed by the U.S. Customs and Border Protection Agency;CommentsClose CommentsPermalink





‘(F) overseeing the administration of the financial management activities of the U.S. Customs and Border Protection Agency, including accounting, budgeting, procurement, logistics, financial systems, policy, planning, and audit oversight;CommentsClose CommentsPermalink





‘(G) overseeing the public communication efforts of the U.S. Customs and Border Protection Agency; andCommentsClose CommentsPermalink





‘(H) overseeing the human resources operations of the U.S. Customs and Border Protection Agency.CommentsClose CommentsPermalink





‘(4) COMPENSATION- The Principal Deputy Commissioner of U.S. Customs and Border Protection, Department of Homeland Security, shall be compensated at the rate of pay for level IV of the Executive Schedule as provided in section 5315 of title 5, United States Code.CommentsClose CommentsPermalink





‘(5) ABSENCE OR DISABILITY OF PRINCIPAL DEPUTY COMMISSIONER- The Assistant Commissioner of the Office of Trade, established under section 4, shall act as the Principal Deputy Commissioner during the disability of the Principal Deputy Commissioner, or in the event that there is no Principal Deputy Commissioner.CommentsClose CommentsPermalink





‘(b) Deputy Commissioner-CommentsClose CommentsPermalink





‘(1) IN GENERAL- There shall be in the U.S. Customs and Border Protection Agency, 1 Deputy Commissioner, who shall be a member of the Senior Executive Service compensated at the maximum rate of pay provided for in section 5382 of title 5, United States Code.CommentsClose CommentsPermalink





‘(2) DUTIES- The duties of the Deputy Commissioner shall include--CommentsClose CommentsPermalink





‘(A) primary oversight of the security operations of the U.S. Customs and Border Protection Agency, including field operations at land borders and ports of entry;CommentsClose CommentsPermalink





‘(B) overseeing the noncommercial analysis and dissemination of information collected by the U.S. Customs and Border Protection Agency; andCommentsClose CommentsPermalink





‘(C) overseeing the enforcement of laws, other than the customs and trade laws of the United States, by the U.S. Customs and Border Protection Agency at land borders and ports of entry, including the detection, interdiction, or apprehension of cargo destined for the United States or persons seeking entry into the United States in contravention of such laws.CommentsClose CommentsPermalink





‘(c) Other Officers- The Secretary of Homeland Security may appoint such other officers as are necessary to manage the individual offices within the U.S. Customs and Border Protection Agency. Any appointment of personnel under this subsection shall be subject to the provisions of the civil service laws, and the salaries shall be fixed in accordance with chapter 51 and subchapter III of chapter 53 of title 5, United States Code.’.CommentsClose CommentsPermalink





(b) Trade Offices and Functions- The Act of March 3, 1927 (44 Stat. 1381, chapter 348; 19 U.S.C. 2071 et seq.), is amended by inserting after section 3 the following:CommentsClose CommentsPermalink

‘SEC. 4. OFFICE OF TRADE.

‘(a) Establishment of Office of Trade- There shall be within the U.S. Customs and Border Protection Agency an Office of Trade that shall be headed by an Assistant Commissioner.CommentsClose CommentsPermalink





‘(b) Transfer of Assets, Function, and Personnel; Elimination of Offices-CommentsClose CommentsPermalink





‘(1) OFFICE OF INTERNATIONAL TRADE-CommentsClose CommentsPermalink





‘(A) TRANSFER- Not later than 30 days after the date of the enactment of the Customs Facilitation and Trade Enforcement Reauthorization Act of 2009, the Secretary of Homeland Security shall transfer the assets, functions, personnel, and liabilities of the Office of International Trade established pursuant to section 402 of the Security and Accountability for Every Port Act of 2006 (Public Law 109-347; 120 Stat. 1924) to the Office of Trade established pursuant to subsection (a) of this section.CommentsClose CommentsPermalink





‘(B) ELIMINATION- Not later than 30 days after the date of the enactment of the Customs Facilitation and Trade Enforcement Reauthorization Act of 2009, the Office of International Trade established pursuant to section 402 of the Security and Accountability for Every Port Act of 2006 shall be abolished.CommentsClose CommentsPermalink





‘(C) LIMITATION ON FUNDS- No funds appropriated to the U.S. Customs and Border Protection Agency or the Department of Homeland Security may be used to transfer the assets, functions, personnel, and liabilities of the Office of International Trade to an office other than the Office of Trade established pursuant to subsection (a) of this section.CommentsClose CommentsPermalink





‘(2) OFFICE OF INTERNATIONAL AFFAIRS-CommentsClose CommentsPermalink





‘(A) TRANSFER- Not later than 90 days after the date of the enactment of the Customs Facilitation and Trade Enforcement Reauthorization Act of 2009, the Secretary of Homeland Security shall transfer the assets, functions, personnel, and liabilities of the Office of International Affairs (described in section 415(8) of the Department of Homeland Security Act of 2002 (6 U.S.C. 215(8))) to the Office of Trade established pursuant to subsection (a) of this section.CommentsClose CommentsPermalink





‘(B) ELIMINATION- Not later than 90 days after the date of the enactment of the Customs Facilitation and Trade Enforcement Reauthorization Act of 2009, the Office of International Affairs shall be abolished.CommentsClose CommentsPermalink





‘(C) LIMITATION ON FUNDS- No funds appropriated to the U.S. Customs and Border Protection Agency or the Department of Homeland Security may be used to transfer the assets, functions, personnel, and liabilities of the Office of International Affairs to an office other than the Office of Trade established pursuant to subsection (a) of this section.CommentsClose CommentsPermalink





‘(3) OTHER TRANSFERS-CommentsClose CommentsPermalink





‘(A) IN GENERAL- The Commissioner is authorized to transfer any other assets, functions, or personnel within the U.S. Customs and Border Protection Agency to the Office of Trade established pursuant to subsection (a) of this section.CommentsClose CommentsPermalink





‘(B) CONGRESSIONAL NOTIFICATION- Not less than 90 days prior to such transfer, the Commissioner shall notify the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives of the specific assets, functions, or personnel to be transferred, and the reason for such transfer.CommentsClose CommentsPermalink





‘(c) Assistant Commissioner-CommentsClose CommentsPermalink





‘(1) IN GENERAL- The Commissioner of U.S. Customs and Border Protection shall appoint an Assistant Commissioner who shall--CommentsClose CommentsPermalink





‘(A) be the head of the Office of Trade;CommentsClose CommentsPermalink





‘(B) report to the Principal Deputy Commissioner of U.S. Customs and Border Protection; andCommentsClose CommentsPermalink





‘(C) be employed without regard to any provision of law regulating employment or compensation at a rate not to exceed the rate of pay for level IV of the Executive Schedule as provided in section 5315 of title 5, United States Code.CommentsClose CommentsPermalink





‘(2) QUALIFICATIONS- A person appointed to be the Assistant Commissioner of the Office of Trade shall have a minimum of 10 years of professional experience in the operation of the customs and trade laws of the United States, not less than 5 of which shall be in non-Federal Government service.CommentsClose CommentsPermalink





‘(3) DUTIES- The duties of the Assistant Commissioner shall include--CommentsClose CommentsPermalink





‘(A) directing the development and implementation of rules, regulations, decisions, notices, and abstracts, related to the customs and trade laws of the United States administered by the Agency;CommentsClose CommentsPermalink





‘(B) advising the Commissioner with respect to the impact on international trade of any program or regulation otherwise proposed or administered by the Agency;CommentsClose CommentsPermalink





‘(C) directing the definition and administration of the trade priority issue areas identified by the Commissioner in the Joint Strategic Plan required under section 123A of the Customs and Trade Act of 1990;CommentsClose CommentsPermalink





‘(D) otherwise advising the Commissioner with respect to the development and implementation of the Joint Strategic Plan required under section 123A of the Customs and Trade Act of 1990;CommentsClose CommentsPermalink





‘(E) directing the trade enforcement and compliance assessment activities of the Agency, including the activities of the National Targeting and Analysis Groups established under section 211 of the Customs Facilitation and Trade Enforcement Reauthorization Act of 2009;CommentsClose CommentsPermalink





‘(F) overseeing the trade modernization activities of the Agency, including the development and implementation of the Automated Commercial Environment computer system authorized under section 13031(f)(5) of the Consolidated Omnibus Budget and Reconciliation Act of 1985 (19 U.S.C. 58c(f)(5)) and support for the establishment of the International Trade Data System under the oversight of the Department of the Treasury pursuant to section 411(d) of the Tariff Act of 1930 (19 U.S.C. 1411(d));CommentsClose CommentsPermalink





‘(G) advising the Commissioner with respect to matters arising in the World Customs Organization;CommentsClose CommentsPermalink





‘(H) directing the administration of customs revenue functions otherwise provided by law or delegated by the Commissioner; andCommentsClose CommentsPermalink





‘(I) preparing an annual report to be submitted to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives not later than March 1 of each calendar year, summarizing the changes to customs regulations, practices, and procedures adopted by the U.S. Customs and Border Protection Agency during the preceding calendar year, the public vetting that occurred with respect to each such change, and the interagency consultation that occurred with respect to each such change.CommentsClose CommentsPermalink





‘(d) Trade Advocate- The Commissioner shall appoint within the Office of Trade, a Trade Advocate, who shall report directly to the Assistant Commissioner.CommentsClose CommentsPermalink





‘(1) DUTIES- The Trade Advocate shall--CommentsClose CommentsPermalink





‘(A) serve as the primary liaison between the U.S. Customs and Border Protection Agency and the public with respect to the Agency’s administration of customs facilitation and trade enforcement functions;CommentsClose CommentsPermalink





‘(B) serve as a liaison between the Office of Trade and the Office of Field Operations with respect to the administration of customs facilitation and trade enforcement functions;CommentsClose CommentsPermalink





‘(C) consult with interested persons in the private sector, the Commercial Customs Operations Advisory Committee, and the Trade Support Network, for their input with respect to the Agency’s--CommentsClose CommentsPermalink





‘(i) development and implementation of rules, regulations, decisions, notices, and abstracts, related to the customs and trade laws of the United States administered by the Agency;CommentsClose CommentsPermalink





‘(ii) development of the Joint Strategic Plan required under section 123A of the Customs and Trade Act of 1990;CommentsClose CommentsPermalink





‘(iii) assessment of the effectiveness of customs facilitation and trade enforcement efforts; andCommentsClose CommentsPermalink





‘(iv) trade modernization activities, including the development and implementation of the Automated Commercial Environment computer system authorized under section 13031(f)(5) of the Consolidated Omnibus Budget and Reconciliation Act of 1985 (19 U.S.C. 58c(f)(5)) and support for the establishment of the International Trade Data System under the oversight of the Department of the Treasury pursuant to section 411(d) of the Tariff Act of 1930 (19 U.S.C. 1411(d));CommentsClose CommentsPermalink





‘(D) advise the Commissioner with respect to the consultations described in subparagraph (C); andCommentsClose CommentsPermalink





‘(E) otherwise consult with the public as directed by the Commissioner or by law.CommentsClose CommentsPermalink





‘(2) ELIMINATION OF OFFICE-CommentsClose CommentsPermalink





‘(A) TRANSFER- Not later than 30 days after the date of the enactment of the Customs Facilitation and Trade Enforcement Reauthorization Act of 2009, the Secretary of Homeland Security shall transfer the assets, functions, personnel, and liabilities of the Office of Trade Relations in the U.S. Customs and Border Protection Agency to the Office of Trade established pursuant to subsection (a) of this section.CommentsClose CommentsPermalink





‘(B) ELIMINATION- Not later than 30 days after the date of the enactment of the Customs Facilitation and Trade Enforcement Reauthorization Act of 2009, the Office of Trade Relations in the U.S. Customs and Border Protection Agency shall be abolished.CommentsClose CommentsPermalink





‘(C) LIMITATION ON FUNDS- No funds appropriated to the U.S. Customs and Border Protection Agency or the Department of Homeland Security may be used to transfer the assets, functions, personnel, and liabilities of the Office of Trade Relations to an office other than the Office of Trade established pursuant to subsection (a) of this section.CommentsClose CommentsPermalink

‘SEC. 5. ESTABLISHMENT OF THE CUSTOMS FACILITATION AND TRADE ENFORCEMENT DIVISION IN THE OFFICE OF FIELD OPERATIONS; DIVISION PERSONNEL.

‘(a) Establishment- There is established within the Office of Field Operations of the U.S. Customs and Border Protection Agency a Customs Facilitation and Trade Enforcement Division.CommentsClose CommentsPermalink





‘(b) Appointment- The head of the Customs Facilitation and Trade Enforcement Division shall be a Deputy Assistant Commissioner, who shall--CommentsClose CommentsPermalink





‘(1) be appointed by the Commissioner subject to the provisions of the civil service laws; andCommentsClose CommentsPermalink





‘(2) whose salary shall be fixed in accordance with chapter 51 and subchapter III of chapter 53 of title 5, United States Code.CommentsClose CommentsPermalink





‘(c) Duties- The duties of the Deputy Assistant Commissioner shall include--CommentsClose CommentsPermalink





‘(1) overseeing the customs facilitation and trade enforcement activities at ports of entry by personnel within the Office of Field Operations, including the activities of Commercial Enforcement Officers provided for under subsection (d)(2);CommentsClose CommentsPermalink





‘(2) overseeing the operational training of personnel within the Office of Field Operations at ports of entry to administer the customs facilitation and trade enforcement functions of the U.S. Customs and Border Protection Agency;CommentsClose CommentsPermalink





‘(3) evaluating on a regular basis the operational effectiveness of the customs facilitation and trade enforcement activities at ports of entry by personnel of the Office of Field Operations;CommentsClose CommentsPermalink





‘(4) overseeing the coordination of customs facilitation and trade enforcement efforts between the Office of Field Operations and the Office of Trade established under section 4;CommentsClose CommentsPermalink





‘(5) consulting regularly with the Trade Advocate established under section 4(d) with respect to any input received regarding the customs facilitation and trade enforcement efforts of the U.S. Customs and Border Protection Agency;CommentsClose CommentsPermalink





‘(6) ensuring uniform administration and implementation among ports of entry of new or revised customs and trade laws, regulations, or policies, related to the customs facilitation and trade enforcement efforts of the U.S. Customs and Border Protection Agency;CommentsClose CommentsPermalink





‘(7) implementing the operational provisions of the Joint Strategic Plan required under section 123A of the Customs and Trade Act of 1990 related to the customs facilitation and trade enforcement efforts of the U.S. Customs and Border Protection Agency at ports of entry;CommentsClose CommentsPermalink





‘(8) ensuring the prompt collection of available data regarding cargo that violates the customs and trade laws of the United States, and the prompt issuance of Trade Alerts pursuant to section 211 of the Customs Facilitation and Trade Enforcement Reauthorization Act of 2009; andCommentsClose CommentsPermalink





‘(9) otherwise overseeing the customs facilitation and trade enforcement activities of personnel within the Office of Field Operations at ports of entry, as directed by the Commissioner.CommentsClose CommentsPermalink





‘(d) Personnel-CommentsClose CommentsPermalink





‘(1) HEADQUARTERS PERSONNEL- In addition to the Deputy Assistant Commissioner, the Commissioner shall designate and dedicate not less than 5 full-time equivalent personnel to operate the Customs Facilitation and Trade Enforcement Division in the Office of Field Operations.CommentsClose CommentsPermalink





‘(2) COMMERCIAL ENFORCEMENT OFFICERS-CommentsClose CommentsPermalink





‘(A) IN GENERAL- Not later than September 30, 2011, the Commissioner shall designate and dedicate within the Office of Field Operations not less than 40 Commercial Enforcement Officers.CommentsClose CommentsPermalink





‘(B) ASSIGNMENT- The Commissioner shall assign the Commercial Enforcement Officers authorized under this section among the 40 United States ports of entry that experienced the highest volume of trade during fiscal year 2009.CommentsClose CommentsPermalink





‘(C) DUTIES- The duties of a Commercial Enforcement Officer shall be--CommentsClose CommentsPermalink





‘(i) to supervise all trade enforcement activities of personnel of the Office of Field Operations at the port of entry to which the Commercial Enforcement Officer has been assigned;CommentsClose CommentsPermalink





‘(ii) to coordinate with the Office of Trade all trade enforcement activities at the port of entry to which the Commercial Enforcement Officer has been assigned;CommentsClose CommentsPermalink





‘(iii) to direct the training of personnel at the port of entry to which the Commercial Enforcement Officer has been assigned to effectuate the trade enforcement activities of the Office of Field Operations; andCommentsClose CommentsPermalink





‘(iv) to otherwise conduct trade enforcement activities at the port of entry to which the Commercial Enforcement Officer has been assigned.CommentsClose CommentsPermalink

‘SEC. 6. ESTABLISHMENT OF INTERAGENCY CUSTOMS REVIEW BOARD.

‘(a) Establishment- There is established an interagency Customs Review Board.CommentsClose CommentsPermalink





‘(b) Membership- The interagency Customs Review Board shall be comprised of the Commissioner, the Assistant Secretary for Policy in the Department of Homeland Security, the Assistant Secretary for Tax Policy in the Department of the Treasury, the Under Secretary for International Trade in the Department of Commerce, and 1 Deputy United States Trade Representative designated by the United States Trade Representative to serve on the interagency Customs Review Board. The interagency Customs Review Board shall be cochaired by the Commissioner and the Assistant Secretary for Tax Policy in the Department of the Treasury.CommentsClose CommentsPermalink





‘(c) Duties- Before the U.S. Customs and Border Protection Agency may publicly propose or adopt a proposed change to a customs regulation, interpretation, or practice, the interagency Customs Review Board shall review the proposed change to determine if the proposed change conforms to the international trade obligations of the United States.’.CommentsClose CommentsPermalink





(c) Conforming Amendment- Section 5315 of title 5, United States Code, is amended by adding at the end the following:CommentsClose CommentsPermalink





‘Principal Deputy Commissioner of U.S. Customs and Border Protection, Department of Homeland Security.’.CommentsClose CommentsPermalink

SEC. 103. SEPARATE BUDGET FOR U.S. CUSTOMS AND BORDER PROTECTION AGENCY.

(a) In General- The President shall include in each budget transmitted to Congress under section 1105 of title 31, United States Code, 2 separate budget requests for the U.S. Customs and Border Protection Agency--CommentsClose CommentsPermalink





(1) 1 for the commercial operations of the Agency; andCommentsClose CommentsPermalink





(2) 1 for the noncommercial operations of the Agency.CommentsClose CommentsPermalink





(b) Repeal-CommentsClose CommentsPermalink





(1) IN GENERAL- Section 414 of the Homeland Security Act of 2002 (6 U.S.C. 214) is hereby repealed.CommentsClose CommentsPermalink





(2) CONFORMING AMENDMENT- The table of contents for the Homeland Security Act of 2002 is amended by striking the item relating to section 414 and inserting the following:CommentsClose CommentsPermalink





‘Sec. 414. Reserved.’.CommentsClose CommentsPermalink

SEC. 104. REVOLVING FUND.

The matter under the heading ‘REVOLVING FUND, BUREAU OF CUSTOMS’ in the Treasury and Post Office Departments Appropriation Act, 1950 (63 Stat. 360, chapter 286; 19 U.S.C. 2074), is amended by striking ‘United States Customs Service’ and inserting ‘U.S. Customs and Border Protection Agency’.CommentsClose CommentsPermalink

SEC. 105. ADVANCES IN FOREIGN COUNTRIES.

The first section of the Act of May 6, 1939 (53 Stat. 660, chapter 115; 19 U.S.C. 2076), is amended by striking ‘United States Customs Service’ and inserting ‘U.S. Customs and Border Protection Agency or the U.S. Immigration and Customs Enforcement Agency’.CommentsClose CommentsPermalink

SEC. 106. ADVANCES FOR ENFORCEMENT OF CUSTOMS PROVISIONS.

Section 2 of the Act of August 7, 1939 (53 Stat. 1263, chapter 566; 19 U.S.C. 2077), is amended to read as follows:CommentsClose CommentsPermalink

‘SEC. 2. ADVANCES FOR ENFORCEMENT OF CUSTOMS PROVISIONS.

‘The Commissioner of U.S. Customs and Border Protection and the Director of U.S. Immigration and Customs Enforcement, with the approval of the Secretary of Homeland Security and the Secretary of the Treasury, are each authorized to direct the advance of funds by the Fiscal Service in the Department of the Treasury, in connection with the enforcement of the customs and trade laws of the United States (as defined in section 2 of the Customs Facilitation and Trade Enforcement Reauthorization Act of 2009).’.CommentsClose CommentsPermalink

SEC. 107. CERTIFICATION OF REASON FOR ADVANCE.

Section 3 of the Act of August 7, 1939 (53 Stat. 1263, chapter 566; 19 U.S.C. 2078), is amended by striking ‘Commissioner of Customs’ and inserting ‘Commissioner of U.S. Customs and Border Protection or the Director of U.S. Immigration and Customs Enforcement’.CommentsClose CommentsPermalink

SEC. 108. PAYMENTS IN FOREIGN COUNTRIES; CLAIMS FOR REIMBURSEMENT.

Section 4 of the Act of August 7, 1939 (53 Stat. 1263, chapter 566; 19 U.S.C. 2079), is amended to read as follows:CommentsClose CommentsPermalink

‘SEC. 4. PAYMENTS IN FOREIGN COUNTRIES; CLAIMS FOR REIMBURSEMENT.

‘The provisions of this Act shall not affect payments made for the U.S. Customs and Border Protection Agency or the U.S. Immigration and Customs Enforcement Agency in foreign countries, or the right of any officer or employee of such Agencies to claim reimbursement for personal funds expended in connection with the enforcement of the customs and trade laws of the United States (as defined in section 2 of the Customs Facilitation and Trade Enforcement Reauthorization Act of 2009).’.CommentsClose CommentsPermalink

SEC. 109. CUSTOMS ADMINISTRATION.

Section 113 of the Customs and Trade Act of 1990 (19 U.S.C. 2082) is amended to read as follows:CommentsClose CommentsPermalink

‘SEC. 113. CUSTOMS ADMINISTRATION.

‘(a) In General- The Commissioner of U.S. Customs and Border Protection and the Director of U.S. Immigration and Customs Enforcement each shall--CommentsClose CommentsPermalink





‘(1) develop and implement accounting systems that accurately determine and report the allocation of the personnel and other resources of the U.S. Customs and Border Protection Agency and the U.S. Immigration and Customs Enforcement Agency among the various operational functions of each Agency, including merchandise processing and customs and trade law enforcement; andCommentsClose CommentsPermalink





‘(2) develop and implement periodic labor distribution surveys of major workforce activities within the U.S. Customs and Border Protection Agency and the U.S. Immigration and Customs Enforcement Agency to determine the cost of the various operational functions of each Agency and the extent to which the costs of one Agency are covered by the other Agency.CommentsClose CommentsPermalink





‘(b) Survey Reports- The Commissioner of U.S. Customs and Border Protection and the Director of U.S. Immigration and Customs Enforcement shall each, not later than June 30, 2010, submit to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives a report on the results of the first surveys implemented under paragraph (2) of subsection (a).’.CommentsClose CommentsPermalink

SEC. 110. PERSONNEL.

(a) In General- Subsection (a) of section 401 of the Security and Accountability for Every Port Act of 2006 (6 U.S.C. 115(a)) is amended to read as follows:CommentsClose CommentsPermalink





‘(a) Director of Trade Policy-CommentsClose CommentsPermalink





‘(1) IN GENERAL- There shall be in the Office of Policy and Planning of the Department of Homeland Security a Director of Trade Policy, who shall--CommentsClose CommentsPermalink





‘(A) coordinate with the Commissioner of U.S. Customs and Border Protection to ensure that the economic security interests of the United States associated with international trade are considered in the development and implementation of policies within the Department of Homeland Security; andCommentsClose CommentsPermalink





‘(B) submit to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives, not later than December 15 of each year, a report describing how the Department of Homeland Security accounted for the economic security interests of the United States associated with international trade in developing and implementing policies during the preceding fiscal year.CommentsClose CommentsPermalink





‘(2) QUALIFICATIONS- The Director of Trade Policy shall have significant experience in the development, operation, or administration of United States trade policy, and shall be compensated at a rate of pay that is not less than the rate of pay for grade 14 of the General Schedule under section 5332 of title 5, United States Code.’.CommentsClose CommentsPermalink





(b) New Personnel- Subsection (c) of section 412 of the Homeland Security Act of 2002 (16 U.S.C. 212(c)) is amended to read as follows:CommentsClose CommentsPermalink





‘(c) New Personnel- Not later than 90 days after the date of the enactment of the Customs Facilitation and Trade Enforcement Reauthorization Act of 2009, the Secretary of the Treasury shall designate and dedicate not less than 5 full-time equivalent personnel to work exclusively with the Deputy Assistant Secretary of the Treasury for Tax, Trade, and Tariff Policy in the performance and oversight of customs revenue functions.’.CommentsClose CommentsPermalink

SEC. 111. AUTHORIZATION OF APPROPRIATIONS.

(a) In General- Section 301 of the Customs Procedural Reform and Simplification Act of 1978 (19 U.S.C. 2075) is amended by redesignating subsection (h) as subsection (i) and by striking subsections (a) through (g) and inserting the following:CommentsClose CommentsPermalink





‘(a) In General-CommentsClose CommentsPermalink





‘(1) FISCAL YEARS BEGINNING OCTOBER 1, 2009- For the fiscal year beginning October 1, 2009, and each fiscal year thereafter, there are authorized to be appropriated to the Department of Homeland Security for the U.S. Customs and Border Protection Agency only such sums as may hereafter be authorized by law.CommentsClose CommentsPermalink





‘(2) REQUIREMENT FOR AUTHORIZATION- The authorization of the appropriations for the U.S. Customs and Border Protection Agency for each fiscal year after fiscal year 2009 shall specify--CommentsClose CommentsPermalink





‘(A) the amount authorized for the fiscal year for the salaries and expenses of the Agency in conducting commercial operations; andCommentsClose CommentsPermalink





‘(B) the amount authorized for the fiscal year for the salaries and expenses of the Agency for other than commercial operations.CommentsClose CommentsPermalink





‘(b) Authorization of Appropriations- There are authorized to be appropriated for the salaries and expenses of the U.S. Customs and Border Protection Agency that are incurred in commercial operations such sums as are necessary for fiscal years 2010, 2011, and 2012.CommentsClose CommentsPermalink





‘(c) Customs User Fee Account- The monies authorized to be appropriated pursuant to subsection (b) for any fiscal year, except for such sums as may be necessary for the salaries and expenses of the U.S. Customs and Border Protection Agency that are incurred in connection with the processing of merchandise that is exempt from the fees imposed pursuant to section 13031(a) (9) and (10) of the Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(a) (9) and (10)) shall be appropriated from the Customs User Fee Account.CommentsClose CommentsPermalink





‘(d) Mandatory 10-Day Deferment- No part of the funds appropriated under subsection (a) for any fiscal year may be used to provide less time for the collection of estimated duties than the 10-day deferment procedure in effect on January 1, 1981.CommentsClose CommentsPermalink





‘(e) Overtime Pay Limitations; Waiver- No part of the funds appropriated pursuant to subsection (a) for any fiscal year may be used for administrative expenses to pay any employee of the U.S. Customs and Border Protection Agency overtime pay in an amount exceeding $35,000 unless the Secretary of Homeland Security, or the designee of the Secretary, determines on an individual basis that payment of overtime pay to such employee in an amount exceeding $35,000 is necessary for national security purposes, to prevent excessive costs, or to meet emergency requirements of the Agency.CommentsClose CommentsPermalink





‘(f) Pay Comparability Authorization- For the fiscal year beginning October 1, 2009, and for each fiscal year thereafter, there are authorized to be appropriated to the Department of Homeland Security for salaries of the U.S. Customs and Border Protection Agency such additional sums as may be provided by law to reflect pay rate changes made in accordance with the Federal Pay Comparability Act of 1970 (Public Law 91-656; 84 Stat. 1946).CommentsClose CommentsPermalink





‘(g) Use of Savings Resulting From Administrative Consolidations- If savings in salaries and expenses result from the consolidation of administrative functions within the U.S. Customs and Border Protection Agency, the Commissioner of U.S. Customs and Border Protection shall apply the savings, to the extent the savings are not needed to meet emergency requirements of the Agency, to strengthening the commercial operations of the Agency by increasing the number of personnel dedicated to administering customs revenue functions.CommentsClose CommentsPermalink





‘(h) Allocation of Resources; Report to Congressional Committees- The Commissioner of U.S. Customs and Border Protection shall notify the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives at least 180 days prior to taking any action that would--CommentsClose CommentsPermalink





‘(1) result in any significant reduction in force of employees of the U.S. Customs and Border Protection Agency other than by means of attrition;CommentsClose CommentsPermalink





‘(2) result in any significant reduction in hours of operation or services rendered at any office of the U.S. Customs and Border Protection Agency or any United States port of entry;CommentsClose CommentsPermalink





‘(3) eliminate or relocate any office of the U.S. Customs and Border Protection Agency;CommentsClose CommentsPermalink





‘(4) eliminate any United States port of entry; orCommentsClose CommentsPermalink





‘(5) significantly reduce the number of employees assigned to any office or any function of the U.S. Customs and Border Protection Agency.’.CommentsClose CommentsPermalink





(b) Resource Optimization Model- Subsection (i) of section 301 of the Customs Procedural Reform and Simplification Act of 1978, as redesignated by subsection (a), is amended by striking ‘Resource Allocation Model’ each place it appears in the text and in the heading and inserting ‘Resource Optimization Model’.CommentsClose CommentsPermalink





(c) Conforming Amendments-CommentsClose CommentsPermalink





(1) IN GENERAL- Subsection (c) of section 5 of the Act of February 13, 1911 (19 U.S.C. 267(c)), is amended to read as follows:CommentsClose CommentsPermalink





‘(c) Limitations-CommentsClose CommentsPermalink





‘(1) FISCAL YEAR CAP- The aggregate of overtime pay under subsection (a) of this section (including commuting compensation under subsection (a)(2)(B) of this section) and premium pay under subsection (b) of this section that an employee of the U.S. Customs and Border Protection may be paid in any fiscal year may not exceed $35,000 unless the Secretary of Homeland Security, or the designee of the Secretary, determines on an individual basis that payment of overtime pay to such employee in an amount exceeding $35,000 is necessary for national security purposes, to prevent excessive costs, or to meet emergency requirements of the Agency.CommentsClose CommentsPermalink





‘(2) EXCLUSIVITY OF PAY UNDER THIS SECTION- An employee of the U.S. Customs and Border Protection Agency who receives overtime pay under subsection (a) of this section, or premium pay under subsection (b) of this section for time worked, may not receive pay or other compensation for that work under any other provision of law.’.CommentsClose CommentsPermalink





(2) BASIC PAY- Section 8331(3)(G) of title 5, United States Code, is amended--CommentsClose CommentsPermalink





(A) by striking ‘a customs officer’ and inserting ‘employee of the U.S. Customs and Border Protection Agency’; andCommentsClose CommentsPermalink





(B) by striking ‘customs officers’ and inserting ‘such employees’.CommentsClose CommentsPermalink

Subtitle B--Investigative FunctionsCommentsClose CommentsPermalink

SEC. 121. ESTABLISHMENT OF AGENCY.

(a) In General- Section 442 of the Homeland Security Act of 2002 (6 U.S.C. 252) is amended to read as follows:CommentsClose CommentsPermalink

‘SEC. 442. ESTABLISHMENT OF AGENCY; DIRECTOR.

‘(a) Establishment of Agency- There shall be in the Department of Homeland Security an agency to be known as the U.S. Immigration and Customs Enforcement Agency.CommentsClose CommentsPermalink





‘(b) Establishment of Director-CommentsClose CommentsPermalink





‘(1) IN GENERAL- The head of the U.S. Immigration and Customs Enforcement Agency shall be a Director of U.S. Immigration and Customs Enforcement, who shall--CommentsClose CommentsPermalink





‘(A) be appointed by the President, by and with the advice and consent of the Senate;CommentsClose CommentsPermalink





‘(B) carry out the duties and powers described in subsection (c), prescribed by law, and prescribed by the Secretary of Homeland Security;CommentsClose CommentsPermalink





‘(C) report directly to the Deputy Secretary of Homeland Security;CommentsClose CommentsPermalink





‘(D) have a minimum of 5 years professional experience in law enforcement, and a minimum of 5 years of management experience; andCommentsClose CommentsPermalink





‘(E) advise the Secretary with respect to any policy or operation of the U.S. Immigration and Customs Enforcement Agency that may affect the Bureau of Citizenship and Immigration Services established under subtitle E (redesignated as the U.S. Citizenship and Immigration Services), including potentially conflicting policies or operations.CommentsClose CommentsPermalink





‘(2) COMMITTEE REFERRAL- As an exercise of the rulemaking power of the Senate, any nomination for Director of U.S. Immigration and Customs Enforcement shall be referred to the Committee on Finance. If the Committee on Finance has not reported such nomination at the close of the 30th day after its referral to such Committee, the Committee shall be automatically discharged from further consideration of such nomination and such nomination shall be referred to the Committee on the Judiciary.CommentsClose CommentsPermalink





‘(c) Duties of Director- The duties of the Director shall include--CommentsClose CommentsPermalink





‘(1) establishing and overseeing the administration of policies with respect to functions--CommentsClose CommentsPermalink





‘(A) performed under the detention and removal program, the intelligence program, and the investigations program that were transferred to the Under Secretary for Border and Transportation Security by section 441 of this Act and delegated to the Assistant Secretary for Immigration and Customs Enforcement on the day before the date of the enactment of the Customs Facilitation and Trade Enforcement Reauthorization Act of 2009; andCommentsClose CommentsPermalink





‘(B) otherwise vested in the Assistant Secretary on the day before the date of the enactment of the Customs Facilitation and Trade Enforcement Reauthorization Act of 2009;CommentsClose CommentsPermalink





‘(2) advising the Secretary of Homeland Security with respect to any policy or operation of the U.S. Immigration and Customs Enforcement Agency that may affect the U.S. Citizenship and Immigration Services established under subtitle E, including potentially conflicting policies and operations;CommentsClose CommentsPermalink





‘(3) conducting investigations of violations of the customs and trade laws of the United States (as that term is defined in section 2 of the Customs Facilitation and Trade Enforcement Reauthorization Act of 2009), including investigations of violations of laws that protect intellectual property rights or prohibit the importation of goods that pose a threat to the health or safety of consumers in the United States; andCommentsClose CommentsPermalink





‘(4) coordinating with the Commissioner of U.S. Customs and Border Protection to ensure the development and implementation of the Joint Strategic Plan required under section 123A of the Customs and Trade Act of 1990.CommentsClose CommentsPermalink





‘(d) Deputy Director- The Secretary of Homeland Security is authorized to appoint, in the U.S. Immigration and Customs Enforcement Agency established by subsection (a), 1 Deputy Director. Such appointment shall be subject to the provisions of the civil service laws and the salary shall be fixed in accordance with chapter 51 and subchapter III of chapter 53 of title 5, United States Code.CommentsClose CommentsPermalink





‘(e) Absence or Disability of Director or Deputy Director-CommentsClose CommentsPermalink





‘(1) DIRECTOR- The Secretary of Homeland Security is authorized to designate an officer of the U.S. Immigration and Customs Enforcement Agency to serve as Director of U.S. Immigration and Customs Enforcement, during the absence or disability of the Director of U.S. Immigration and Customs Enforcement, or in the event that there is no Director of U.S. Immigration and Customs Enforcement.CommentsClose CommentsPermalink





‘(2) DEPUTY DIRECTOR- The Secretary of Homeland Security is authorized to designate an officer of the U.S. Immigration and Customs Enforcement Agency to serve as Deputy Director of U.S. Immigration and Customs Enforcement, during the absence or disability of the Deputy Director of U.S. Immigration and Customs Enforcement, or in the event that there is no Deputy Director of U.S. Immigration and Customs Enforcement.CommentsClose CommentsPermalink





‘(f) Additional Officers- The Secretary of Homeland Security may appoint such officers as are necessary to manage the individual offices within the U.S. Immigration and Customs Enforcement Agency. Appointments under this paragraph shall be subject to the provisions of the civil service laws, and the salaries shall be fixed in accordance with chapter 51 and subchapter III of chapter 53 of title 5, United States Code.CommentsClose CommentsPermalink





‘(g) Duties of Personnel- The personnel of the U.S. Immigration and Customs Enforcement Agency shall conduct and prosecute investigations for the enforcement of the customs and trade laws of the United States, and perform such other duties as are prescribed by law or by the Secretary of Homeland Security.CommentsClose CommentsPermalink





‘(h) Program To Collect Information Relating to Foreign Students- The Director of the U.S. Immigration and Customs Enforcement Agency shall be responsible for administering the program to collect information relating to nonimmigrant foreign students and other exchange program participants described in section 641 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1372), including the Student and Exchange Visitor Information System established under that section, and shall use such information to carry out the enforcement functions of the U.S. Immigration and Customs Enforcement Agency.CommentsClose CommentsPermalink





‘(i) Chief of Policy and Strategy-CommentsClose CommentsPermalink





‘(1) IN GENERAL- There shall be a position of Chief of Policy and Strategy for the U.S. Immigration and Customs Enforcement Agency.CommentsClose CommentsPermalink





‘(2) FUNCTIONS- In consultation with personnel in local offices of the U.S. Immigration and Customs Enforcement Agency, the Chief of Policy and Strategy shall be responsible for--CommentsClose CommentsPermalink





‘(A) making policy recommendations and performing policy research and analysis on immigration enforcement issues; andCommentsClose CommentsPermalink





‘(B) coordinating immigration policy issues with the Chief of Policy and Strategy for the Bureau of Citizenship and Immigration Services established under subtitle E, as appropriate.CommentsClose CommentsPermalink





‘(j) Legal Advisor- There shall be a principal legal advisor to the Director of U.S. Immigration and Customs Enforcement. The legal advisor shall provide specialized legal advice to the Director of Immigration and Customs Enforcement and shall represent the U.S. Immigration and Customs Enforcement Agency in all exclusion, deportation, and removal proceedings before the Executive Office for Immigration Review.’.CommentsClose CommentsPermalink





(b) Compensation-CommentsClose CommentsPermalink





(1) IN GENERAL- Section 5315 of title 5, United States Code, is amended by adding at the end the following:CommentsClose CommentsPermalink





‘Director of U.S. Immigration and Customs Enforcement, Department of Homeland Security.’.CommentsClose CommentsPermalink





(2) CONTINUATION IN OFFICE- The individual serving as Assistant Secretary for Immigration and Customs Enforcement of the Department of Homeland Security on the day before the date of the enactment of this Act may serve as Director of U.S. Immigration and Customs Enforcement until the earlier of--CommentsClose CommentsPermalink





(A) the date on which such individual is no longer eligible to serve as Assistant Secretary; orCommentsClose CommentsPermalink





(B) the date on which a person nominated by the President to be the Director of U.S. Immigration and Customs Enforcement is confirmed by the Senate.CommentsClose CommentsPermalink





(3) REFERENCE- On and after the effective date of this Act, any reference to the Assistant Secretary for Immigration and Customs Enforcement of the Department of Homeland Security, shall be deemed to be a reference to the Director of U.S. Immigration and Customs Enforcement.CommentsClose CommentsPermalink





(c) Conforming Amendments-CommentsClose CommentsPermalink





(1) SUBTITLE D- The heading for subtitle D of title IV of the Homeland Security Act of 2002 is amended by striking the matter preceding section 441 and inserting the following:CommentsClose CommentsPermalink

‘Subtitle D--Enforcement Functions’.CommentsClose CommentsPermalink

(2) TABLE OF CONTENTS- The table of contents for the Homeland Security Act of 2002 is amended--CommentsClose CommentsPermalink





(A) by striking the item relating to section 442 and inserting the following:CommentsClose CommentsPermalink





‘Sec. 442. Establishment of Agency; Director.’;CommentsClose CommentsPermalink





andCommentsClose CommentsPermalink





(B) by striking the item relating to subtitle D of title IV and inserting the following:CommentsClose CommentsPermalink

‘Subtitle D--Enforcement Functions’.

(3) DIRECTOR OF THE BUREAU OF CITIZENSHIP AND IMMIGRATION SERVICES- Section 451(a)(2)(C) of the Homeland Security Act of 2002 (6 U.S.C. 271(a)(2)(C)) is amended by striking ‘Assistant Secretary of the Bureau of Border Security’ and inserting ‘Director of U.S. Immigration and Customs Enforcement’.CommentsClose CommentsPermalink

SEC. 122. SEPARATE BUDGET FOR U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT AGENCY.

The President shall include in each budget transmitted to Congress under section 1105 of title 31, United States Code, a separate budget request for the U.S. Immigration and Customs Enforcement Agency--CommentsClose CommentsPermalink





(1) 1 for the customs operations of the Agency; andCommentsClose CommentsPermalink





(2) 1 for the operations of the Agency other than customs operations.CommentsClose CommentsPermalink

SEC. 123. UNDERCOVER INVESTIGATIVE OPERATIONS.

Section 3131 of the Customs Enforcement Act of 1986 (19 U.S.C. 2081) is amended to read as follows:CommentsClose CommentsPermalink

‘SEC. 3131. UNDERCOVER INVESTIGATIVE OPERATIONS OF THE U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT AGENCY.

‘(a) Certification Required for Exemption of Undercover Operations From Certain Laws- With respect to any undercover investigative operation of the U.S. Immigration and Customs Enforcement Agency (in this section referred to as the ‘Agency’) that is necessary for the detection and prosecution of offenses against the United States that are within the jurisdiction of the Secretary of Homeland Security--CommentsClose CommentsPermalink





‘(1) sums authorized to be appropriated may be used--CommentsClose CommentsPermalink





‘(A) to purchase property, buildings, and other facilities, and to lease space, within the United States, the District of Columbia, and the territories and possessions of the United States without regard to--CommentsClose CommentsPermalink





‘(i) sections 1341 and 3342 of title 31, United States Code;CommentsClose CommentsPermalink





‘(ii) sections 3732(a) and 3741 of the Revised Statutes of the United States (41 U.S.C. 11(a) and 22);CommentsClose CommentsPermalink





‘(iii) section 8141 of title 40, United States Code; andCommentsClose CommentsPermalink





‘(iv) sections 304(a) and 305 of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 254(a) and 255); andCommentsClose CommentsPermalink





‘(B) to establish or to acquire proprietary corporations or business entities as part of the undercover operation, and to operate such corporations or business entities without regard to sections 9102 and 9103 of title 31, United States Code;CommentsClose CommentsPermalink





‘(2) sums authorized to be appropriated for the Agency and the proceeds from the undercover operation, may be deposited in banks or other financial institutions without regard to the provisions of section 648 of title 18 and section 3302 of title 31, United States Code; andCommentsClose CommentsPermalink





‘(3) the proceeds from the undercover operation may be used to offset necessary and reasonable expenses incurred in such operation without regard to the provision of section 3302 of title 31, United States Code;CommentsClose CommentsPermalink





only upon written certification of the Director of the U.S. Immigration and Customs Enforcement Agency (or, if designated by the Director, such other officer within the U.S. Immigration and Customs Enforcement Agency) that any action authorized by paragraph (1), (2), or (3) of this subsection is necessary for the conduct of such undercover operation.CommentsClose CommentsPermalink





‘(b) Liquidation of Corporations and Business Entities- If a corporation or business entity established or acquired as part of an undercover operation under subsection (a)(1)(B) of this section with a net value over $50,000 is to be liquidated, sold, or otherwise disposed of, the U.S. Immigration and Customs Enforcement Agency, as much in advance as the Director (or, if designated by the Director, such other officer within the Agency) determines is practicable, shall report the circumstances to the Secretary of Homeland Security and the Secretary of the Treasury. The proceeds of the liquidation, sale, or other disposition, after obligations are met, shall be deposited in the Treasury of the United States as miscellaneous receipts.CommentsClose CommentsPermalink





‘(c) Deposits of Proceeds- As soon as the proceeds from an undercover investigative operation with respect to which an action is authorized and carried out under paragraphs (2) and (3) of subsection (a) of this section are no longer necessary for the conduct of such operation, such proceeds, or the balance of such proceeds remaining at the time, shall be deposited into the Treasury of the United States as miscellaneous receipts.CommentsClose CommentsPermalink





‘(d) Audits-CommentsClose CommentsPermalink





‘(1) IN GENERAL- The Director of U.S. Immigration and Customs Enforcement shall--CommentsClose CommentsPermalink





‘(A) conduct a detailed financial audit of each undercover investigative operation that is closed in each fiscal year;CommentsClose CommentsPermalink





‘(B) submit the results of the audit in writing to the Secretary of Homeland Security and the Secretary of the Treasury; andCommentsClose CommentsPermalink





‘(C) not later than 180 days after such undercover operation is closed, submit a report to the Congress concerning such audit.CommentsClose CommentsPermalink





‘(2) REPORT- The Director shall also submit a report annually to the Congress specifying with respect to the Agency’s undercover investigative operations--CommentsClose CommentsPermalink





‘(A) the number, by program, of undercover investigative operations pending at the end of the 1-year period for which such report is submitted;CommentsClose CommentsPermalink





‘(B) the number, by program, of undercover investigative operations commenced in the 1-year period preceding the period for which such report is submitted; andCommentsClose CommentsPermalink





‘(C) the number, by program, of undercover investigative operations closed in the 1-year period preceding the period for which such report is submitted and, with respect to each such closed undercover operation, the results obtained and any civil claims made with respect thereto.CommentsClose CommentsPermalink





‘(e) Definitions- For purposes of subsection (d), the following definitions apply:CommentsClose CommentsPermalink





‘(1) CLOSED- The term ‘closed’ refers to the earliest point in time at which--CommentsClose CommentsPermalink





‘(A) all criminal proceedings (other than appeals) are concluded; orCommentsClose CommentsPermalink





‘(B) covert activities are concluded, whichever occurs later.CommentsClose CommentsPermalink





‘(2) EMPLOYEES- The term ‘employees’ means employees of the U.S. Immigration and Customs Enforcement Agency, as defined in section 2105 of title 5, United States Code.CommentsClose CommentsPermalink





‘(3) UNDERCOVER INVESTIGATIVE OPERATION; UNDERCOVER OPERATION-CommentsClose CommentsPermalink





‘(A) IN GENERAL- The terms ‘undercover investigative operation’ and ‘undercover operation’ mean any undercover investigative operations of the U.S. Immigration and Customs Enforcement Agency--CommentsClose CommentsPermalink





‘(i) in which--CommentsClose CommentsPermalink





‘(I) the gross receipts (excluding interest earned) exceed $50,000; orCommentsClose CommentsPermalink





‘(II) expenditures (other than expenditures for salaries of employees) exceed $150,000; andCommentsClose CommentsPermalink





‘(ii) which is exempt from section 3302 or 9102 of title 31, United States Code.CommentsClose CommentsPermalink





‘(B) EXCEPTION- Clauses (i) and (ii) of subparagraph (A) shall not apply with respect to the report required under paragraph (2) of subsection (d) of this section.’.CommentsClose CommentsPermalink

SEC. 124. AUTHORIZATION OF APPROPRIATIONS.

Title III of the Customs Procedural Reform and Simplification Act of 1978 (19 U.S.C. 2075) is amended by inserting after section 301 the following:CommentsClose CommentsPermalink

‘SEC. 302. AUTHORIZATION OF APPROPRIATIONS FOR CERTAIN CUSTOMS ENFORCEMENT ACTIVITIES.

‘(a) In General-CommentsClose CommentsPermalink





‘(1) FISCAL YEARS BEGINNING ON OR AFTER OCTOBER 1, 2009- For the fiscal year beginning October 1, 2009, and each fiscal year thereafter, there are authorized to be appropriated to the Department of Homeland Security for the U.S. Immigration and Customs Enforcement Agency only such sums as may hereafter be authorized by law.CommentsClose CommentsPermalink





‘(2) SPECIFICATION OF AMOUNTS- The authorization of the appropriations for the U.S. Immigration and Customs Enforcement Agency for each fiscal year after fiscal year 2009 shall specify--CommentsClose CommentsPermalink





‘(A) the amount authorized for the fiscal year for the salaries and expenses of the Agency in conducting customs operations; andCommentsClose CommentsPermalink





‘(B) the amount authorized for the fiscal year for the salaries and expenses of the Agency for other than customs operations.CommentsClose CommentsPermalink





‘(b) Authorization of Appropriations- There are authorized to be appropriated for the salaries and expenses of the U.S. Immigration and Customs Enforcement Agency that are incurred in customs operations such sums as are necessary for fiscal years 2010, 2011, and 2012.’.CommentsClose CommentsPermalink

Subtitle C--Joint Strategic PlanCommentsClose CommentsPermalink

SEC. 131. JOINT STRATEGIC PLAN.

(a) In General- Title I of the Customs and Trade Act of 1990 (Public Law 101-382; 104 Stat. 629) is amended by inserting after section 123, the following new section:CommentsClose CommentsPermalink

‘SEC. 123A. JOINT STRATEGIC PLAN.

‘(a) In General- Not later than June 30, 2010, and every 2 years thereafter, the Commissioner of U.S. Customs and Border Protection and the Director of U.S. Immigration and Customs Enforcement shall jointly develop and submit to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives, a Joint Strategic Plan.CommentsClose CommentsPermalink





‘(b) Contents- The Joint Strategic Plan required under this section shall be comprised of a comprehensive multiyear plan for enforcing the customs and trade laws of the United States (as defined in section 2(2) of the Customs Facilitation and Trade Enforcement Reauthorization Act of 2009) and for facilitating the international trade of the United States, and shall include--CommentsClose CommentsPermalink





‘(1) a summary of actions taken to date to better enforce the customs and trade laws of the United States and to better facilitate the international trade of the United States, including a description and analysis of specific performance measures to evaluate the progress of the U.S. Customs and Border Protection Agency and the U.S. Immigration and Customs Enforcement Agency in meeting each such responsibility;CommentsClose CommentsPermalink





‘(2) a statement of objectives and plans for further improving the enforcement of the customs and trade laws of the United States and the facilitation of the international trade of the United States;CommentsClose CommentsPermalink





‘(3) a specific identification of priority trade issues that pose a high risk to public health and safety or to the public fisc, and a description of strategies and plans for addressing each such risk;CommentsClose CommentsPermalink





‘(4) a description of efforts made to improve consultation and coordination among Federal agencies, and in particular between the U.S. Customs and Border Protection Agency and the U.S. Immigration and Customs Enforcement Agency, regarding the enforcement of the customs and trade laws of the United States and the facilitation of the international trade of the United States;CommentsClose CommentsPermalink





‘(5) a description of the training that has occurred to date within the U.S. Customs and Border Protection Agency and the U.S. Immigration and Customs Enforcement Agency to improve the enforcement of the customs and trade laws of the United States and the facilitation of the international trade of the United States;CommentsClose CommentsPermalink





‘(6) a specific identification of any domestic or international best practices that may further improve the enforcement of the customs and trade laws of the United States and the facilitation of the international trade of the United States; andCommentsClose CommentsPermalink





‘(7) any legislative recommendations to further improve the enforcement of the customs and trade laws of the United States or the facilitation of the international trade of the United States.CommentsClose CommentsPermalink





‘(c) Consultations-CommentsClose CommentsPermalink





‘(1) IN GENERAL- In developing the Joint Strategic Plan required under this section, the Commissioner and the Director shall consult with--CommentsClose CommentsPermalink





‘(A) appropriate officials from the relevant Federal departments and agencies, including--CommentsClose CommentsPermalink





‘(i) the Department of the Treasury;CommentsClose CommentsPermalink





‘(ii) the Department of Agriculture;CommentsClose CommentsPermalink





‘(iii) the Department of Commerce;CommentsClose CommentsPermalink





‘(iv) the Department of Justice;CommentsClose CommentsPermalink





‘(v) the Department of the Interior;CommentsClose CommentsPermalink





‘(vi) the Department of Health and Human Services;CommentsClose CommentsPermalink





‘(vii) the Food and Drug Administration;CommentsClose CommentsPermalink





‘(viii) the Consumer Product Safety Commission; andCommentsClose CommentsPermalink





‘(ix) the Office of the United States Trade Representative; andCommentsClose CommentsPermalink





‘(B) the Commercial Customs Operations Advisory Committee and the Trade Support Network.CommentsClose CommentsPermalink





‘(2) OTHER CONSULTATIONS- In developing the Joint Strategic Plan required under this section, the Commissioner and the Director shall seek to consult with--CommentsClose CommentsPermalink





‘(A) appropriate officials from relevant foreign law enforcement agencies and international organizations, including the World Customs Organization; andCommentsClose CommentsPermalink





‘(B) private sector entities as defined in section 2(4) of the Customs Facilitation and Trade Enforcement Reauthorization Act of 2009.’.CommentsClose CommentsPermalink





(b) Conforming Amendment- The table of contents for the Customs and Trade Act of 1990 is amended by inserting after the item relating to section 123, the following new item:CommentsClose CommentsPermalink





‘Sec. 123A. Joint Strategic Plan.’.CommentsClose CommentsPermalink

TITLE II--CUSTOMS FACILITATION, TRADE ENFORCEMENT, AND TRANSPARENCYCommentsClose CommentsPermalink

Subtitle A--Customs Facilitation and TransparencyCommentsClose CommentsPermalink

SEC. 201. TRADE BENEFITS UNDER THE CUSTOMS-TRADE PARTNERSHIP AGAINST TERRORISM.

(a) In General- The Secretary of Homeland Security, acting through the Commissioner of U.S. Customs and Border Protection and in consultation with the entities specified in subsection (b), shall develop and implement additional trade benefits to be provided to Tier 1, Tier 2, and Tier 3 participants in the Customs-Trade Partnership Against Terrorism under subtitle B of title II of the Security and Accountability for Every Port Act of 2006 (6 U.S.C. 961 et seq.).CommentsClose CommentsPermalink





(b) Entities Specified- The entities specified in this subsection are--CommentsClose CommentsPermalink





(1) the Commercial Customs Operations Advisory Committee established under section 204;CommentsClose CommentsPermalink





(2) the Trade Support Network;CommentsClose CommentsPermalink





(3) the Committee on Finance of the Senate; andCommentsClose CommentsPermalink





(4) the Committee on Ways and Means of the House of Representatives.CommentsClose CommentsPermalink





(c) Reports-CommentsClose CommentsPermalink





(1) IN GENERAL- Not later than December 31, 2010, the Secretary of Homeland Security, acting through the Commissioner of U.S. Customs and Border Protection, shall submit to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives a report--CommentsClose CommentsPermalink





(A) describing the trade benefits provided to Tier 1, Tier 2, and Tier 3 participants in the Customs-Trade Partnership Against Terrorism as of the date on which the report is submitted; andCommentsClose CommentsPermalink





(B) describing the additional trade benefits developed under subsection (a) that have not been implemented as of the date on which the report is submitted.CommentsClose CommentsPermalink





(2) PROGRESS REPORT- Not later than December 31, 2011, and December 31, 2012, the Commissioner shall submit to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives a report on the progress made in providing the additional trade benefits developed under subsection (a).CommentsClose CommentsPermalink

SEC. 202. CUSTOMS FACILITATION PARTNERSHIP PROGRAM.

Title IV of the Tariff Act of 1930 (19 U.S.C. 1401 et seq.) is amended by adding at the end the following:CommentsClose CommentsPermalink

‘SEC. 499A. CUSTOMS FACILITATION PARTNERSHIP PROGRAM.

‘(a) Establishment-CommentsClose CommentsPermalink





‘(1) IN GENERAL- The Commissioner of U.S. Customs and Border Protection shall establish a voluntary government-private sector program to be known as the ‘Customs Facilitation Partnership Program’ (in this section referred to as the ‘Partnership Program’) to facilitate the entry of merchandise into the United States and to provide benefits described in paragraph (3) to persons described in paragraph (2) that meet or exceed the requirements of the Partnership Program established under subsection (b)(2).CommentsClose CommentsPermalink





‘(2) PERSONS DESCRIBED- Persons described in this paragraph are persons involved in the entry of merchandise into the United States, including intermodal transportation system providers, contract logistics providers, air, land, and sea carriers, customs brokers, importers, and forwarders.CommentsClose CommentsPermalink





‘(3) BENEFITS DESCRIBED-CommentsClose CommentsPermalink





‘(A) IN GENERAL- The benefits described in this paragraph are such benefits as the Commissioner considers appropriate for the purpose of facilitating the entry of merchandise into the United States, including--CommentsClose CommentsPermalink





‘(i) taking into account the participation of persons in the Partnership Program in assessing the risk posed by such persons for the purposes of commercial risk assessment targeting under section 211; andCommentsClose CommentsPermalink





‘(ii) to the extent practicable, giving priority to persons participating in the Partnership Program with respect to the clearance of merchandise during activities to resume trade after an incident in which merchandise entering the United States was found to pose a threat to the health or safety of consumers in the United States.CommentsClose CommentsPermalink





‘(B) CONSULTATION- In developing benefits under subparagraph (A) to be provided to persons participating in the Partnership Program, the Commissioner shall consult with the Commercial Customs Operations Advisory Committee established under section 204 of the Customs Facilitation and Trade Enforcement Reauthorization Act of 2009.CommentsClose CommentsPermalink





‘(b) Application for Participation-CommentsClose CommentsPermalink





‘(1) IN GENERAL- The Commissioner of U.S. Customs and Border Protection shall establish procedures in accordance with this subsection for persons described in subsection (a)(2) to apply to participate in the Partnership Program.CommentsClose CommentsPermalink





‘(2) MINIMUM REQUIREMENTS-CommentsClose CommentsPermalink





‘(A) IN GENERAL- The Commissioner shall establish minimum requirements for participation in the Partnership Program.CommentsClose CommentsPermalink





‘(B) SPECIFIC CONSIDERATIONS- In determining whether a person meets the minimum requirements for participation in the Partnership Program, the following shall be considered:CommentsClose CommentsPermalink





‘(i) The person’s history of entering merchandise into the United States.CommentsClose CommentsPermalink





‘(ii) The persons’s history of compliance with the customs and trade laws of the United States (as defined in section 2 of the Customs Facilitation and Trade Enforcement Reauthorization Act of 2009), including--CommentsClose CommentsPermalink





‘(I) properly maintaining importer of record numbers;CommentsClose CommentsPermalink





‘(II) properly maintaining customs bonds as required by law; andCommentsClose CommentsPermalink





‘(III) promptly responding to requests from the U.S. Customs and Border Protection Agency for information or notices of action, liquidated damages, or civil penalties.CommentsClose CommentsPermalink





‘(3) CERTIFICATION AND VERIFICATION OF APPLICATIONS- A person who applies to participate in the Partnership Program may participate in the Partnership Program after the Commissioner--CommentsClose CommentsPermalink





‘(A) certifies the person as complying with the requirements established under paragraph (2); andCommentsClose CommentsPermalink





‘(B) verifies the information contained in the person’s application pursuant to paragraph (4).CommentsClose CommentsPermalink





‘(4) VERIFICATION OF APPLICATIONS-CommentsClose CommentsPermalink





‘(A) IN GENERAL- The Commissioner shall establish procedures for verifying the information contained in applications for participation in the Partnership Program. The verification of such information may include a document review or any other verification method that the Commissioner determines to be necessary.CommentsClose CommentsPermalink





‘(B) TIMING- To the extent practicable, the Commissioner shall verify the information contained in an application for participation in the Partnership Program not later than 90 days after receiving the application.CommentsClose CommentsPermalink





‘(c) Reverifications; Maintenance of Eligibility-CommentsClose CommentsPermalink





‘(1) REVERIFICATION OF PARTICIPANTS- The Commissioner of U.S. Customs and Border Protection shall establish--CommentsClose CommentsPermalink





‘(A) a process for reverifying that persons participating in the Partnership Program continue to meet the requirements established under subsection (b)(2); andCommentsClose CommentsPermalink





‘(B) a process by which persons participating in the Partnership Program are selected for reverification--CommentsClose CommentsPermalink





‘(i) based on an assessment of the risk posed by such persons; orCommentsClose CommentsPermalink





‘(ii) using random sampling.CommentsClose CommentsPermalink





‘(2) CONSEQUENCES FOR LACK OF COMPLIANCE- If the Commissioner determines, in conducting a reverification under paragraph (1) of a person participating in the Partnership Program, that the person fails to meet the requirements for participation in the Partnership Program established under subsection (b)(2), or if the Commissioner is unable to reverify that the person meets those requirements, the Commissioner may suspend all or some of the benefits provided to the person under the Partnership Program until the Commissioner is able to reverify that the person meets those requirements.CommentsClose CommentsPermalink





‘(d) False or Misleading Information- If a person participating in the Partnership Program intentionally provides false or misleading information to the Commissioner of U.S. Customs and Border Protection in the application submitted under subsection (b)(1), during the verification process under subsection (b)(4), or during the reverification process under subsection (c), the Commissioner shall, in addition to any other penalty provided by law--CommentsClose CommentsPermalink





‘(1) deny to the person the benefits provided to the person under the Partnership Program; andCommentsClose CommentsPermalink





‘(2) prohibit the person from further participation in the Partnership Program.CommentsClose CommentsPermalink





‘(e) Appeals-CommentsClose CommentsPermalink





‘(1) IN GENERAL-CommentsClose CommentsPermalink





‘(A) APPEALS OF DENIALS OF APPLICATION- A person who submits an application under subsection (b)(1) to participate in the Partnership Program may appeal a decision of the Commissioner of U.S. Customs and Border Protection denying participation in the Partnership Program under subsection (b)(3).CommentsClose CommentsPermalink





‘(B) APPEALS OF DENIALS OF BENEFITS OR SUSPENSIONS OF PARTICIPATION- A person who participates in the Partnership Program may appeal a decision of the Commissioner denying or suspending benefits provided to the person under the Partnership Program under subsection (c) or (d) or prohibiting the person from further participation in the Partnership Program under subsection (d).CommentsClose CommentsPermalink





‘(2) FILING OF APPEAL- A person who files an appeal under paragraph (1) shall file the appeal with the Commissioner not later than 90 days after the date on which the person receives notice of the decision of the Commissioner being appealed.CommentsClose CommentsPermalink





‘(3) FINAL DETERMINATION- The Commissioner shall make a final determination with respect to an appeal under paragraph (1) not later than 180 days after the date on which the appeal is filed under paragraph (2).CommentsClose CommentsPermalink





‘(f) Administrative Provisions-CommentsClose CommentsPermalink





‘(1) STAFFING- The Commissioner of U.S. Customs and Border Protection shall designate, train, and maintain not fewer than 7 full-time equivalent personnel in the Office of Trade of the U.S. Customs and Border Protection Agency to administer the Partnership Program.CommentsClose CommentsPermalink





‘(2) CONFIDENTIAL INFORMATION SAFEGUARDS- The Commissioner, in consultation with the Commercial Customs Operations Advisory Committee established under section 204 of the Customs Facilitation and Trade Enforcement Reauthorization Act of 2009, shall establish procedures to safeguard confidential data collected, stored, or shared with the U.S. Customs and Border Protection Agency or any other Federal agency during the verification process under subsection (b)(4) or the reverification process under subsection (c)(1).CommentsClose CommentsPermalink





‘(g) Authorization of Appropriations- There are authorized to be appropriated such sums as are necessary to carry out the provisions of this section.’.CommentsClose CommentsPermalink

SEC. 203. CONSULTATIONS WITH RESPECT TO MUTUAL RECOGNITION AGREEMENTS.

Not later than 30 days before entering into a Mutual Recognition Arrangement or similar agreement between the United States and a foreign government providing for mutual recognition of supply chain security programs, the Secretary of Homeland Security shall consult with the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives.CommentsClose CommentsPermalink

SEC. 204. COMMERCIAL CUSTOMS OPERATIONS ADVISORY COMMITTEE.

(a) Establishment- Not later than June 30, 2010, the Secretary of the Treasury and the Secretary of Homeland Security shall jointly establish a Commercial Customs Operations Advisory Committee (in this section referred to as the ‘Advisory Committee’).CommentsClose CommentsPermalink





(b) Membership-CommentsClose CommentsPermalink





(1) IN GENERAL- The Advisory Committee shall be comprised of--CommentsClose CommentsPermalink





(A) 20 individuals appointed under paragraph (2);CommentsClose CommentsPermalink





(B) the Assistant Secretary for Tax Policy of the Department of the Treasury and the Assistant Secretary of Policy and Planning of the Department of Homeland Security, who shall jointly co-chair meetings of the Advisory Committee; andCommentsClose CommentsPermalink





(C) the Commissioner of U.S. Customs and Border Protection and the Director of U.S. Immigration and Customs Enforcement, who shall serve as deputy co-chairs of meetings of the Advisory Committee.CommentsClose CommentsPermalink





(2) APPOINTMENT- Not later than June 30, 2010, the Secretary of the Treasury and the Secretary of Homeland Security shall jointly appoint 20 individuals from the private sector to the Advisory Committee, not more than 10 of whom shall be of the same political party. Each individual shall be appointed to the Advisory Committee for a term of up to 4 years, and may be reappointed to subsequent terms but may not serve more than 2 terms sequentially.CommentsClose CommentsPermalink





(3) QUALIFICATIONS- The individuals appointed to the Advisory Committee shall be broadly representative of the sectors of the United States economy affected by the commercial operations of the U.S. Customs and Border Protection Agency and the U.S. Immigration and Customs Enforcement Agency.CommentsClose CommentsPermalink





(4) 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 9503(c) of the Omnibus Budget Reconciliation Act of 1987 (19 U.S.C. 2071 note) on the day before the date of the enactment of this Act to the Advisory Committee established under subsection (a).CommentsClose CommentsPermalink





(c) Duties- The Advisory Committee established under subsection (a) shall--CommentsClose CommentsPermalink





(1) advise the Secretary of the Treasury and the Secretary of Homeland Security on all matters involving the commercial operations of the U.S. Customs and Border Protection Agency and the U.S. Immigration and Customs Enforcement Agency, including advising with respect to significant changes that are proposed with respect to agency regulations, policies, or practices;CommentsClose CommentsPermalink





(2) provide recommendations to the Secretary of the Treasury and the Secretary of Homeland Security on improvements to the commercial operations of the U.S. Customs and Border Protection Agency and the U.S. Immigration and Customs Enforcement Agency; andCommentsClose CommentsPermalink





(3) perform such other functions relating to the commercial operations of the U.S. Customs and Border Protection Agency and the U.S. Immigration and Customs Enforcement Agency as prescribed by law or as the Secretary of the Treasury and the Secretary of Homeland Security jointly direct.CommentsClose CommentsPermalink





(d) Meetings-CommentsClose CommentsPermalink





(1) IN GENERAL- The Advisory Committee shall meet at the call of the Secretary of the Treasury and the Secretary of Homeland Security or at the call of not less than 2/3 of the membership of the Advisory Committee.CommentsClose CommentsPermalink





(2) NUMBER OF MEETINGS- The Advisory Committee shall, at a minimum, meet at least 4 times each calendar year. Additional meetings may be called of such special task forces or other groups made up of members of the Advisory Committee as the Advisory Committee determines appropriate.CommentsClose CommentsPermalink





(3) ADDITION OF AGENDA ITEMS- Any member of the Advisory Committee may add an item to the agenda of a meeting not less than 3 days before the meeting.CommentsClose CommentsPermalink





(4) OPEN MEETINGS- A meeting of the Advisory Committee shall be open to the public unless the Secretary of the Treasury and the Secretary of Homeland Security determine that the meeting will include matters the disclosure of which would seriously compromise the development of policies, priorities, or negotiating objectives or positions that could impact the commercial operations of the U.S. Customs and Border Protection Agency or the U.S. Immigration and Customs Enforcement Agency.CommentsClose CommentsPermalink





(e) Reports-CommentsClose CommentsPermalink





(1) ANNUAL REPORT- Not later than December 31 of each calendar year, 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--CommentsClose CommentsPermalink





(A) describes the activities of the Advisory Committee during the preceding fiscal year; andCommentsClose CommentsPermalink





(B) sets forth any recommendations of the Advisory Committee regarding the commercial operations of the U.S. Customs and Border Protection Agency and the U.S. Immigration and Customs Enforcement Agency during the preceding fiscal year.CommentsClose CommentsPermalink





(2) ADDITIONAL REPORTS- The Advisory Committee may submit directly to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives such additional reports on the commercial operations of the U.S. Customs and Border Protection Agency and the U.S. Immigration and Customs Enforcement Agency as the Advisory Committee determines appropriate.CommentsClose CommentsPermalink





(f) Applicability of Federal Advisory Committee Act- The provisions of the Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the Advisory Committee, except as follows:CommentsClose CommentsPermalink





(1) Subsections (a) and (b) of section 10 of such Act (relating to open meetings and availability of information) shall not apply.CommentsClose CommentsPermalink





(2) Section 11 of such Act (relating to the availability of transcripts of meetings) shall not apply.CommentsClose CommentsPermalink





(3) Section 14(a)(2) of such Act (relating to termination) shall be applied by substituting ‘4-year period’ for ‘two-year period’.CommentsClose CommentsPermalink





(g) Conforming Amendment-CommentsClose CommentsPermalink





(1) IN GENERAL- Effective June 30, 2010, section 9503(c) of the Omnibus Budget Reconciliation Act of 1987 (19 U.S.C. 2071 note) is repealed.CommentsClose CommentsPermalink





(2) REFERENCE- Any reference in law to the Advisory Committee on Commercial Operations of the United States Customs Service established under section 9503(c) of the Omnibus Budget Reconciliation Act of 1987 (19 U.S.C. 2071 note) made on or after June 30, 2010, shall be deemed a reference to the Commercial Customs Operations Advisory Committee established under subsection (a).CommentsClose CommentsPermalink

SEC. 205. AUTOMATED COMMERCIAL ENVIRONMENT COMPUTER SYSTEM.

(a) Funding- Section 13031(f)(5) of the Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(f)(5)) is amended--CommentsClose CommentsPermalink





(1) in subparagraph (A)--CommentsClose CommentsPermalink





(A) by striking ‘2003, 2004, and 2005’ and inserting ‘2010, 2011, and 2012’; andCommentsClose CommentsPermalink





(B) by striking ‘$350,000,000’ and inserting ‘$325,000,000’; andCommentsClose CommentsPermalink





(2) in subparagraph (B)--CommentsClose CommentsPermalink





(A) by striking ‘2003 through 2005’ and inserting ‘2010 through 2012’; andCommentsClose CommentsPermalink





(B) by striking ‘for the development’ and inserting ‘to complete the development’.CommentsClose CommentsPermalink





(b) Report- Section 311(b)(3) of the Customs Border Security Act of 2002 (19 U.S.C. 2075 note) is amended to read as follows:CommentsClose CommentsPermalink





‘(3) REPORT-CommentsClose CommentsPermalink





‘(A) IN GENERAL- Not later than December 31, 2009, the Commissioner of U.S. 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 specifying--CommentsClose CommentsPermalink





‘(i) the plans of the U.S. Customs and Border Protection Agency and deadlines for incorporating all cargo release data elements into the Automated Commercial Environment computer system not later than September 30, 2012, to conform with the admissibility criteria of agencies participating in the International Trade Data System identified pursuant to section 411(d)(4)(A)(iii) of the Tariff Act of 1930;CommentsClose CommentsPermalink





‘(ii) the Agency’s remaining priorities for incorporating entry summary data elements, cargo manifest data elements, and cargo financial data elements into the Automated Commercial Environment computer system; andCommentsClose CommentsPermalink





‘(iii) the Agency’s objectives, plans, and deadlines for implementing the priorities identified under clause (ii) not later than September 30, 2012.CommentsClose CommentsPermalink





‘(B) UPDATE OF REPORTS- Not later than December 31, 2010, and September 30, 2011, 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 (A).’.CommentsClose CommentsPermalink





(c) Government Accountability Office Report- Not later than December 31, 2012, 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--CommentsClose CommentsPermalink





(1) evaluating the cost and effectiveness of the efforts of the U.S. Customs and Border Protection Agency to complete the development, establishment, and implementation of the Automated Commercial Environment computer system; andCommentsClose CommentsPermalink





(2) assessing the extent to which any additional functionality may be added into the Automated Commercial Environment computer system at a reasonable cost.CommentsClose CommentsPermalink

SEC. 206. INTERNATIONAL TRADE DATA SYSTEM.

(a) Information Technology Infrastructure- Section 411(d) of the Tariff Act of 1930 (19 U.S.C. 1411(d)) is amended--CommentsClose CommentsPermalink





(1) by redesignating paragraphs (4) through (7) as paragraphs (5) through (8), respectively;CommentsClose CommentsPermalink





(2) by inserting after paragraph (3) the following:CommentsClose CommentsPermalink





‘(4) INFORMATION TECHNOLOGY INFRASTRUCTURE-CommentsClose CommentsPermalink





‘(A) IN GENERAL- The Secretary shall work with the head of each agency participating in the ITDS and the Interagency Steering Committee to ensure that each such agency--CommentsClose CommentsPermalink





‘(i) develops and maintains the necessary information technology infrastructure to support the operation of the ITDS;CommentsClose CommentsPermalink





‘(ii) enters into a memorandum of understanding, or takes such other action as is necessary, to provide for the information sharing between the agency and the U.S. Customs and Border Protection Agency necessary for the operation and maintenance of the ITDS; andCommentsClose CommentsPermalink





‘(iii) not later than November 30, 2009, identifies and transmits to the Commissioner of U.S. Customs and Border Protection the admissibility criteria and data elements required by the agency to authorize the release of cargo by the U.S. Customs and Border Protection Agency for incorporation into the operational functionality of the Automated Commercial Environment computer system.’; andCommentsClose CommentsPermalink





(3) in paragraph (5), as redesignated, by striking ‘each fiscal year’ and inserting ‘each of the fiscal years 2010 through 2013’.CommentsClose CommentsPermalink





(b) Authorization of Appropriations- Section 13031(f)(5) of the Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(f)(5)), as amended by section 205(a), is further amended by striking subparagraph (C) and inserting the following:CommentsClose CommentsPermalink





‘(C) Of the amounts deposited in the account established under subparagraph (A), there shall be available to the Secretary of the Treasury $25,000,000 for each of the fiscal years 2010, 2011, and 2012, to remain available until expended, to carry out the provisions of section 411(d)(4)(A) of the Tariff Act of 1930.’.CommentsClose CommentsPermalink

SEC. 207. ELECTRONIC SUBMISSION OF PUBLIC COMMENTS.

Not later than December 31, 2009, the Commissioner of U.S. Customs and Border Protection shall provide--CommentsClose CommentsPermalink





(1) for the electronic submission and posting of any public comments solicited by the U.S. Customs and Border Protection Agency on the Internet website of the Agency; andCommentsClose CommentsPermalink





(2) for the prompt posting of public comments associated with any rulemaking of the Agency on the Federal Government Internet website for Federal regulations, www.regulations.gov, or any successor website.CommentsClose CommentsPermalink

Subtitle B--Trade EnforcementCommentsClose CommentsPermalink

CHAPTER 1--COMMERCIAL RISK ASSESSMENT TARGETING

SEC. 211. COMMERCIAL TARGETING DIVISION AND NATIONAL TARGETING AND ANALYSIS GROUPS.

(a) Establishment of Commercial Targeting Division-CommentsClose CommentsPermalink





(1) IN GENERAL- The Secretary of Homeland Security shall establish and maintain within the Office of Trade of the U.S. Customs and Border Protection Agency, established under section 4 of the Act of March 3, 1927, as added by section 102, a Commercial Targeting Division.CommentsClose CommentsPermalink





(2) COMPOSITION- The Commercial Targeting Division shall be composed of--CommentsClose CommentsPermalink





(A) headquarters personnel led by an Executive Director, who shall report to the Assistant Commissioner of the Office of Trade; andCommentsClose CommentsPermalink





(B) individual National Targeting and Analysis Groups, each led by a Director who shall report to the Executive Director of the Commercial Targeting Division.CommentsClose CommentsPermalink





(3) DUTIES- The Commercial Targeting Division shall be dedicated--CommentsClose CommentsPermalink





(A) to the development and conduct of commercial risk assessment targeting with respect to cargo destined for the United States in accordance with subsection (c); andCommentsClose CommentsPermalink





(B) to issuing Trade Alerts described in subsection (d).CommentsClose CommentsPermalink





(b) National Targeting and Analysis Groups-CommentsClose CommentsPermalink





(1) IN GENERAL- The Commissioner of U.S. Customs and Border Protection shall determine the priorities of the National Targeting and Analysis Groups referred to in subsection (a)(2)(B), to include the enforcement, with respect to the importation of merchandise into the United States, of--CommentsClose CommentsPermalink





(A) intellectual property rights;CommentsClose CommentsPermalink





(B) health and safety laws and regulations;CommentsClose CommentsPermalink





(C) agriculture-related laws and regulations;CommentsClose CommentsPermalink





(D) textile- and apparel-related laws and regulations;CommentsClose CommentsPermalink





(E) general revenue laws and regulations; andCommentsClose CommentsPermalink





(F) non-general revenue laws and regulations, including with respect to antidumping and countervailing duties.CommentsClose CommentsPermalink





(c) Commercial Risk Assessment Targeting- In carrying out its duties with respect to commercial risk assessment targeting, the Commercial Targeting Division shall--CommentsClose CommentsPermalink





(1) establish targeted risk assessment methodologies and standards--CommentsClose CommentsPermalink





(A) for evaluating the risk that cargo destined for the United States may violate the customs and trade laws of the United States; andCommentsClose CommentsPermalink





(B) for issuing, as appropriate, Trade Alerts described in subsection (d); andCommentsClose CommentsPermalink





(2) to the extent practicable and otherwise authorized by law, use information available from the Automated Commercial System, the Automated Commercial Environment computer system, the Automated Targeting System, the Automated Entry System, the International Trade Data System, and the Treasury Enforcement Communications System, and any successor systems, to administer the methodologies and standards established under paragraph (1).CommentsClose CommentsPermalink





(d) Trade Alerts-CommentsClose CommentsPermalink





(1) ISSUANCE- Based upon the application of the targeted risk assessment methodologies and standards established under subsection (c), 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 inspection, or physical examination or testing, of specific merchandise to ensure compliance with all applicable customs and trade laws and regulations administered by the U.S. Customs and Border Protection Agency.CommentsClose CommentsPermalink





(2) DETERMINATIONS NOT TO IMPLEMENT TRADE ALERTS- The director of a United States port of entry may determine not to conduct further inspections, or physical examination or testing, pursuant to a Trade Alert issued under paragraph (1) if--CommentsClose CommentsPermalink





(A) the director finds that such a determination is justified by port security interests; andCommentsClose CommentsPermalink





(B) notifies the Deputy Assistant Commissioner of the Customs Facilitation and Trade Enforcement Division of the Office of Field Operations, established under section 5 of the Act of March 3, 1927, as added by section 102, of the determination and the reasons for the determination not later than 48 hours after making the determination.CommentsClose CommentsPermalink





(3) SUMMARY OF DETERMINATIONS NOT TO IMPLEMENT- The Deputy Assistant Commissioner for Customs Facilitation and Trade Enforcement shall--CommentsClose CommentsPermalink





(A) compile an annual public summary of all determinations by directors of United States ports of entry under paragraph (2) and the reasons for those determinations; andCommentsClose CommentsPermalink





(B) 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 31 of each year.CommentsClose CommentsPermalink





(4) INSPECTION DEFINED- In this subsection, the term ‘inspection’ means the comprehensive evaluation process used by the U.S. Customs and Border Protection Agency, other than physical examination or testing, to permit the entry of merchandise into the United States, or the clearance of merchandise for transportation in bond through the United States, for purposes of--CommentsClose CommentsPermalink





(A) assessing duties;CommentsClose CommentsPermalink





(B) identifying restricted or prohibited items; andCommentsClose CommentsPermalink





(C) ensuring compliance with all applicable customs and trade laws and regulations administered by the Agency.CommentsClose CommentsPermalink





(e) Use of Trade Data for Commercial Enforcement Purposes- Section 343(a)(3) of the Trade Act of 2002 (19 U.S.C. 2071 note) is amended--CommentsClose CommentsPermalink





(1) by striking subparagraph (F); andCommentsClose CommentsPermalink





(2) by redesignating subparagraphs (G) through (L) as subparagraphs (F) through (K), respectively.CommentsClose CommentsPermalink

SEC. 212. ANNUAL ILLEGAL DRUG CONTROL LAW ENFORCEMENT STRATEGY.

(a) In General- Section 123 of the Customs and Trade Act of 1990 (19 U.S.C. 2083) is amended to read as follows:CommentsClose CommentsPermalink

‘SEC. 123. ANNUAL ILLEGAL DRUG CONTROL LAW ENFORCEMENT STRATEGY.

‘(a) Reports on Violation Estimates- Not later than June 30, 2010, and annually thereafter, the Commissioner of U.S. Customs and Border Protection and the Director of U.S. Immigration and Customs Enforcement shall jointly develop and submit to the chairperson and ranking member of the Committee on Finance of the Senate and of the Committee on Ways and Means of the House of Representatives (in this section referred to as the ‘Committees’) in accordance with subsection (d) a report that contains an estimate of--CommentsClose CommentsPermalink





‘(1) the number and extent of violations of the illegal drug control laws specified in subsection (b) that are likely to occur during the year following the report; andCommentsClose CommentsPermalink





‘(2) the relative incidence of the violations described in paragraph (1) among the various United States ports of entry and customs regions within the customs territory of the United States during the year preceding the report.CommentsClose CommentsPermalink





‘(b) Illegal Drug Control Laws Specified- The Commissioner of U.S. Customs and Border Protection and the Director of U.S. Immigration and Customs Enforcement, after consultation with the Committees--CommentsClose CommentsPermalink





‘(1) shall, not later than December 31, 2009, prepare a list of those provisions of the illegal drug control laws of the United States with respect to which the U.S. Customs and Border Protection Agency and the U.S. Immigration and Customs Enforcement Agency have enforcement responsibility and to which the reports required by subsection (a) will apply; andCommentsClose CommentsPermalink





‘(2) may periodically update the list developed under paragraph (1), as warranted.CommentsClose CommentsPermalink





‘(c) Enforcement Strategy- Not later than 90 days after submitting a report under subsection (a), the Commissioner of U.S. Customs and Border Protection and the Director of U.S. Immigration and Customs Enforcement shall jointly--CommentsClose CommentsPermalink





‘(1) develop or update a strategy for enforcing the illegal drug control laws specified in subsection (b) in a nationally uniform manner and addressing the violations estimated in the report during the period covered by the report; andCommentsClose CommentsPermalink





‘(2) submit to the chairperson and ranking member of each of the Committees a confidential report setting forth the details of the strategy described in paragraph (1).CommentsClose CommentsPermalink





‘(d) Confidentiality- The contents of any report submitted to the chairperson and ranking member of each of the Committees under subsection (a) or (c) are confidential and the disclosure of the contents is restricted to--CommentsClose CommentsPermalink





‘(1) officers and employees of the United States designated by the Commissioner of U.S. Customs and Border Protection or the Director of U.S. Customs and Immigration Enforcement to have access to the contents of the report;CommentsClose CommentsPermalink





‘(2) the chairperson and ranking member of each of the Committees; andCommentsClose CommentsPermalink





‘(3) such Members of Congress and staff of such Members as the chairperson or ranking member of either of the Committees may authorize to have access to the contents of the report.’.CommentsClose CommentsPermalink





(b) Conforming Amendment- The table of contents for the Customs and Trade Act of 1990 is amended by striking the item relating to section 123 and inserting the following:CommentsClose CommentsPermalink





‘Sec. 123. Annual illegal drug control law enforcement strategy.’.CommentsClose CommentsPermalink

SEC. 213. REPORT ON OVERSIGHT OF REVENUE PROTECTION AND ENFORCEMENT MEASURES BY THE INSPECTOR GENERAL.

The Inspector General of the Department of Homeland Security shall submit to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives a report assessing the following:CommentsClose CommentsPermalink





(1) The effectiveness of the measures taken by the U.S. Customs and Border Protection Agency with respect to revenue protection, including--CommentsClose CommentsPermalink





(A) the collection of countervailing and antidumping duties;CommentsClose CommentsPermalink





(B) the assessment and collection of commercial fines and penalties; andCommentsClose CommentsPermalink





(C) the adequacy of the policies of the Agency with respect to monitoring and tracking of merchandise transported in bond and collecting duties, as appropriate.CommentsClose CommentsPermalink





(2) The effectiveness of actions taken by the U.S. Customs and Border Protection Agency to measure accountability and performance with respect to revenue protection.CommentsClose CommentsPermalink





(3) The number and outcome of investigations instituted by the U.S. Customs and Border Protection Agency with respect to the underpayment of duties.CommentsClose CommentsPermalink





(4) The adequacy of training with respect to the collection of duties provided for personnel of the U.S. Customs and Border Protection Agency.CommentsClose CommentsPermalink

SEC. 214. REPORT ON SECURITY AND REVENUE MEASURES WITH RESPECT TO MERCHANDISE TRANSPORTED IN BOND.

(a) In General- Not later than December 31 of 2009, 2011, and 2013, the Secretary of Homeland Security and the Secretary of the Treasury shall jointly submit to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives a report on efforts undertaken by the U.S. Customs and Border Protection Agency to ensure the secure transportation of merchandise in bond through the United States and the collection of revenue owed upon the entry of such merchandise into the United States for consumption.CommentsClose CommentsPermalink





(b) Contents- The report required by subsection (a) shall include information, for the 2 fiscal years preceding the submission of the report, on--CommentsClose CommentsPermalink





(1) the overall number of entries of merchandise for transportation in bond through the United States;CommentsClose CommentsPermalink





(2) 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 generated;CommentsClose CommentsPermalink





(3) 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 reexported;CommentsClose CommentsPermalink





(4) 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 States;CommentsClose CommentsPermalink





(5) the total amount of duties, taxes, and fees owed with respect to shipments of merchandise transported in bond and the total amount of such duties, taxes, and fees paid;CommentsClose CommentsPermalink





(6) the total number of notifications by carriers of merchandise being transported in bond that the destination of the merchandise has changed; andCommentsClose CommentsPermalink





(7) the number of entries that remain unreconciled.CommentsClose CommentsPermalink

SEC. 215. IMPORTER OF RECORD PROGRAM.

(a) Establishment- Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall establish an importer of record program to assign and maintain importer of record numbers.CommentsClose CommentsPermalink





(b) Requirements- The Secretary of Homeland Security shall ensure that, as part of the importer of record program, the U.S. Customs and Border Protection Agency--CommentsClose CommentsPermalink





(1) develops criteria that importers must meet in order to obtain an importer of record number;CommentsClose CommentsPermalink





(2) provides a process by which importers are assigned importer of record numbers;CommentsClose CommentsPermalink





(3) maintains a centralized database of importer of record numbers, including a history of importer of record numbers associated with each importer;CommentsClose CommentsPermalink





(4) evaluates the accuracy of the database; andCommentsClose CommentsPermalink





(5) takes measures to ensure that duplicate importer of record numbers are not issued.CommentsClose CommentsPermalink





(c) Report- Not later than 1 year after the date of the enactment of this Act, the Secretary of Homeland Security shall submit to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives a report on the importer of record program established under subsection (a).CommentsClose CommentsPermalink





(d) Number Defined- In this subsection, the term ‘number’, with respect to an importer of record, means a filing identification number described in section 24.5 of title 19, Code of Federal Regulations (as in effect on the day before the date of the enactment of this Act).CommentsClose CommentsPermalink

CHAPTER 2--IMPORT HEALTH AND SAFETY

SEC. 221. INTERAGENCY IMPORT SAFETY WORKING GROUP.

(a) Establishment- There is established an interagency Import Safety Working Group.CommentsClose CommentsPermalink





(b) Membership- The interagency Import Safety Working Group shall consist of the following officials or their designees:CommentsClose CommentsPermalink





(1) The Secretary of Homeland Security, who shall serve as the Chair.CommentsClose CommentsPermalink





(2) The Secretary of Health and Human Services, who shall serve as the Vice Chair.CommentsClose CommentsPermalink





(3) The Secretary of the Treasury.CommentsClose CommentsPermalink





(4) The Secretary of Agriculture.CommentsClose CommentsPermalink





(5) The United States Trade Representative.CommentsClose CommentsPermalink





(6) The Director of the Office of Management and Budget.CommentsClose CommentsPermalink





(7) The Commissioner of the Food and Drug Administration.CommentsClose CommentsPermalink





(8) The Commissioner of U.S. Customs and Border Protection.CommentsClose CommentsPermalink





(9) The Chairman of the Consumer Product Safety Commission.CommentsClose CommentsPermalink





(10) The head of any other Federal department or agency designated by the President to participate in the interagency Import Safety Working Group, as appropriate.CommentsClose CommentsPermalink





(c) Duties- The duties of the interagency Import Safety Working Group shall include--CommentsClose CommentsPermalink





(1) consulting on the development of the Joint Import Safety Rapid Response Plan required by section 222;CommentsClose CommentsPermalink





(2) periodically evaluating the adequacy of the plans, practices, and resources of the Federal Government dedicated to ensuring the safety of imports into the United States, including--CommentsClose CommentsPermalink





(A) reviewing the engagement and cooperation of foreign governments and foreign manufacturers in facilitating the inspection and certification, as appropriate, of such imports and the facilities producing such imports to ensure the safety of such imports into the United States; andCommentsClose CommentsPermalink





(B) recommending additional administrative measures designed to ensure the safety of imports, as appropriate;CommentsClose CommentsPermalink





(3) identifying best practices to assist United States importers in taking all appropriate steps to ensure the safety of imports into the United States, including with respect to--CommentsClose CommentsPermalink





(A) the inspection of manufacturing facilities in foreign countries;CommentsClose CommentsPermalink





(B) the inspection of imports destined for the United States before exportation from a foreign country or before distribution in the United States; andCommentsClose CommentsPermalink





(C) the protection of the international supply chain (as defined in section 2 of the Security and Accountability For Every Port Act of 2006 (6 U.S.C. 901));CommentsClose CommentsPermalink





(4) identifying best practices to assist Federal, State, and local governments and agencies, and port authorities, to improve communication and coordination among such agencies and authorities in responding to any threats to public health and safety associated with specific imports into the United States; andCommentsClose CommentsPermalink





(5) 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 imports into the United States.CommentsClose CommentsPermalink