Operations referred to in subclause (I) 
are the following: 
‘‘(aa) Personnel having the 
statutory authority to classify 
and appraise goods entering the 
United States. 
‘‘(bb) Personnel having the 
responsibility to act as principal 
point of contact and technical ex-
perts with respect to goods enter-
ing the United States, including 
responsibilities relating to collec-
tion and deposit of duties, taxes, 
and fees. 
‘‘(cc) Such other personnel 
as the Commissioner determines 
to be necessary. 
‘‘(ii) ASSISTANT
COMMISSIONER
IN 
THE OFFICE OF INTERNATIONAL TRADE.— 
The assets, functions, and personnel trans-
ferred to the Office of International Trade 
pursuant to clause (i) shall be under the 
authority of the Assistant Commissioner in 
the Office of International Trade. 
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‘‘(iii) TRAINING.—Not later than 18 
months after the date of the enactment of 
the Customs Trade Enforcement and Fa-
cilitation Act of 2012, the Commissioner 
shall ensure that sufficient training with 
respect to facilitating legitimate inter-
national trade and enforcing the customs 
and trade laws of the United States has 
been provided to personnel transferred to 
the Office of International Trade pursuant 
to clause (i). 
‘‘(iv) LIMITATION
ON
FUNDS.—No 
funds appropriated to the U.S. Customs 
and Border Protection Agency may be 
used to transfer the assets, functions, or 
personnel of the Office of Field Operations 
to an office other than the Office of Inter-
national Trade.’’. 
(C) by striking subparagraph (B); 
(D) by redesignating subparagraphs (C) 
through (F) as subparagraphs (B) through (E), 
respectively; 
(E) in subparagraph (B), as redesignated 
by subparagraph (D) of this paragraph, by 
striking ‘‘United States Customs and Border 
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Protection’’ and inserting ‘‘U.S. Customs and 
Border Protection Agency’’; and 
(F) in subparagraph (E), as redesignated 
by subparagraph (D) of this paragraph— 
(i) by striking ‘‘United States Cus-
toms and Border Protection’’ and inserting 
‘‘U.S. Customs and Border Protection 
Agency’’; and 
(ii) 
by 
striking 
‘‘subparagraph 
(E)(ii)’’ 
and 
inserting 
‘‘subparagraph 
(D)(ii)’’. 
(e) DEFINITIONS.—Section 2(f) of the Act of March 
3, 1927 (44 Stat. 1381, chapter 348; 19 U.S.C. 2072) 
is amended to read as follows: 
‘‘(f) DEFINITIONS.—In this section— 
‘‘(1) the term ‘Commissioner’ means the Com-
missioner of U.S. Customs and Border Protection; 
and 
‘‘(2) the terms ‘Commercial Customs Oper-
ations Advisory Committee’, ‘commercial operations’, 
‘customs and trade laws of the United States’, and 
‘Trade Support Network’ have the meaning given 
such terms in section 2 of the Customs Trade Facili-
tation and Enforcement Act of 2012.’’. 
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(f) ESTABLISHMENT OF INTERAGENCY CUSTOMS RE-
VIEW BOARD.—The Act of March 3, 1927 (44 Stat. 1381, 
chapter 348; 19 U.S.C. 2071 et seq.), is amended by in-
serting after section 3 the following: 
‘‘SEC. 4. ESTABLISHMENT OF INTERAGENCY CUSTOMS RE-
VIEW BOARD. 
‘‘(a) ESTABLISHMENT.—There is established an 
interagency Customs Review Board. 
‘‘(b) MEMBERSHIP.—The interagency Customs Re-
view Board shall be comprised of the Commissioner, the 
Assistant Secretary for Policy in the Department of 
Homeland Security, the Assistant Secretary for Tax Pol-
icy in the Department of the Treasury, the Under Sec-
retary for International Trade in the Department of Com-
merce, 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 co-chaired by 
the Commissioner and the Assistant Secretary for Tax 
Policy in the Department of the Treasury. 
‘‘(c) REFERRAL.—The Commissioner of U.S. Cus-
toms and Border Protection shall notify and provide full 
documentation to the interagency Customs Review Board 
not less than 30 days prior to publically proposing any 
change to a regulation, interpretation, or practice of the 
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Agency relating to commercial operations of the Agency 
that could reasonably be expected to affect compliance by 
the United States Government with its international trade 
obligations. 
‘‘(d) DUTIES.—The interagency Customs Review 
Board shall— 
‘‘(1) review any proposed change to a regula-
tion, interpretation, or practice of the Agency re-
ferred to the interagency Customs Review Board by 
the Commissioner under subsection (c) to determine 
if the change conforms to the international trade ob-
ligations of the United States; and 
‘‘(2) advise the Commissioner of U.S. Customs 
and Border Protection, not later than 30 days after 
receiving notification of a proposed change under 
paragraph (1), as to whether or not and the extent 
to which the change conforms to the international 
trade obligations of the United States and other 
cross-border initiatives. 
‘‘(e) DEFINITION.—In this section, the term ‘com-
mercial operations’ has the meaning given the term in sec-
tion 2 of the Customs Trade Facilitation and Enforcement 
Act of 2012.’’. 
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(g) COMPENSATION.—Section 5315 of title 5, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘Deputy Commissioner of U.S. Customs and 
Border Protection, Department of Homeland Secu-
rity.’’. 
SEC. 103. SEPARATE BUDGET FOR U.S. CUSTOMS AND BOR-
DER PROTECTION AGENCY. 
(a) IN GENERAL.—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 commercial operations of the U.S. Customs and 
Border Protection Agency. 
(b) REPEAL.—Section 414 of the Homeland Security 
Act of 2002 (6 U.S.C. 214), and the item relating to that 
section in the table of contents of that Act, are repealed. 
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 
‘‘Bureau of Customs’’ and inserting ‘‘U.S. Customs and 
Border Protection Agency’’. 
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SEC. 105. ADVANCES IN FOREIGN COUNTRIES. 
The matter under the heading ‘‘BUREAU OF CUS-
TOMS’’ in title I of the Treasury Department Appropria-
tion Act 1940 (53 Stat. 660, chapter 115; 19 U.S.C. 
2076), is amended in the last proviso by striking ‘‘Bureau 
of Customs’’ and inserting ‘‘U.S. Customs and Border 
Protection Agency or U.S. Immigration and Customs En-
forcement’’. 
SEC. 106. ADVANCES FOR ENFORCEMENT OF CUSTOMS 
PROVISIONS. 
Section 2 of the Act entitled ‘‘An Act to provide for 
advances of funds by special disbursing agents in connec-
tion with the enforcement of Acts relating to narcotic 
drugs’’, approved March 28, 1928 (19 U.S.C. 2077), is 
amended to read as follows: 
‘‘SEC. 2. ADVANCES FOR ENFORCEMENT OF CUSTOMS PRO-
VISIONS. 
‘‘The Commissioner of U.S. Customs and Border 
Protection and the Director of U.S. Immigration and Cus-
toms 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 Fis-
cal Service in the Department of the Treasury, in connec-
tion with the enforcement of the customs and trade laws 
of the United States (as defined in section 2 of the Cus-
toms Trade Facilitation and Enforcement Act of 2012).’’. 
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SEC. 107. CERTIFICATION OF REASON FOR ADVANCE. 
Section 3 of the Act of March 28, 1928 (19 U.S.C. 
2078), is amended by striking ‘‘Commissioner of Cus-
toms’’ and inserting ‘‘Commissioner of U.S. Customs and 
Border Protection or the Director of U.S. Immigration 
and Customs Enforcement’’. 
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: 
‘‘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 U.S. Immigration and Customs Enforcement in foreign 
countries, or the right of any officer or employee of such 
Agencies to claim reimbursement for personal funds ex-
pended in connection with the enforcement of the customs 
and trade laws of the United States (as defined in section 
2 of the Customs Trade Facilitation and Enforcement Act 
of 2012).’’. 
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: 
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‘‘SEC. 113. CUSTOMS ADMINISTRATION. 
‘‘(a) IN GENERAL.—The Commissioner of U.S. Cus-
toms and Border Protection and the Director of U.S. Im-
migration and Customs Enforcement each shall— 
‘‘(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 U.S. 
Immigration and Customs Enforcement among the 
various operational functions of each Agency, includ-
ing merchandise processing and customs and trade 
law enforcement; and 
‘‘(2) for fiscal year 2013 and each subsequent 
fiscal year, develop and implement labor distribution 
surveys of major workforce activities within the U.S. 
Customs and Border Protection Agency and U.S. 
Immigration and Customs Enforcement 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. 
‘‘(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 December 31, 2013, and December 31 of each 
subsequent calendar year, submit to the Committee on Fi-
nance of the Senate and the Committee on Ways and 
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Means of the House of Representatives a report on the 
results of the surveys implemented under paragraph (2) 
of subsection (a) for the preceding fiscal year.’’. 
SEC. 110. DESIGNATION OF TRADE OVERSIGHT PER-
SONNEL. 
Subsection (c) of section 412 of the Homeland Secu-
rity Act of 2002 (6 U.S.C. 212(c)) is amended to read 
as follows: 
‘‘(c) DESIGNATION
OF TRADE OVERSIGHT PER-
SONNEL.—Not later than 90 days after the date of the 
enactment of the Customs Trade Facilitation and En-
forcement Act of 2012, 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 Pol-
icy in the performance and oversight of customs revenue 
functions.’’. 
SEC. 111. CONSULTATION ON TRADE AND CUSTOMS REV-
ENUE FUNCTIONS. 
Section 401(c) of the Safety and Accountability for 
Every Port Act (6 U.S.C. 115(c)) is amended— 
(1) in paragraph (1), by striking ‘‘on Depart-
ment policies and actions that have’’ and inserting 
‘‘not later than 30 days after proposing, and not 
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later than 30 days before finalizing, any Department 
policies, initiatives, or actions that will have’’; and 
(2) in paragraph (2)(A), by striking ‘‘not later 
than 30 days prior to the finalization of’’ and insert-
ing ‘‘not later than 60 days before proposing, and 
not later than 60 days before finalizing,’’. 
SEC. 112. AUTHORIZATION OF APPROPRIATIONS. 
(a) IN GENERAL.—Section 301 of the Customs Pro-
cedural Reform and Simplification Act of 1978 (19 U.S.C. 
2075) is amended— 
(1) in subsection (a)— 
(A) in paragraph (1)— 
(i) by striking ‘‘October 1, 1979’’ and 
inserting ‘‘October 1, 2012’’; and 
(ii) by striking ‘‘Department of the 
Treasury for the United States Customs 
Service’’ and inserting ‘‘Department of 
Homeland Security for the U.S. Customs 
and Border Protection Agency’’; 
(B) by striking paragraph (2) and insert-
ing the following: 
‘‘(2) REQUIREMENT
FOR
AUTHORIZATION.— 
The authorization of the appropriations for the U.S. 
Customs and Border Protection Agency for each fis-
cal year after fiscal year 2012 shall specify the 
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amount authorized for the fiscal year for the salaries 
and expenses of the Agency in conducting commer-
cial operations.’’; and 
(C) by striking paragraph (3); 
(2) by striking subsections (b), (c), and (d) and 
inserting the following: 
‘‘(b) AUTHORIZATION OF APPROPRIATIONS.— 
‘‘(1) IN GENERAL.—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— 
‘‘(A) not less than $1,800,000,000 for fis-
cal year 2013; 
‘‘(B) not less than $1,817,000,000 for fis-
cal year 2014; and 
‘‘(C) not less than $1,830,000,000 for fis-
cal year 2015. 
‘‘(2) CUSTOMS USER FEE ACCOUNT.—The mon-
ies authorized to be appropriated pursuant to para-
graph (1) 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 
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Consolidated Omnibus Budget Reconciliation Act of 
1985 (19 U.S.C. 58c(a) (9) and (10)), shall be ap-
propriated from the Customs User Fee Account. 
‘‘(c) 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. 
‘‘(d) OVERTIME PAY LIMITATIONS; WAIVER.—No 
part of the funds appropriated pursuant to subsection (a) 
for any fiscal year may be used for administrative ex-
penses to pay any customs officer overtime pay in an 
amount exceeding $35,000 unless the Secretary of Home-
land Security determines on an individual basis that pay-
ment of overtime pay to such officer in an amount exceed-
ing $35,000 is necessary for national security purposes, 
to prevent excessive costs, or to meet emergency require-
ments of the Agency.’’; 
(3) in subsection (e)— 
(A) by striking ‘‘October 1, 1982’’ and in-
serting ‘‘October 1, 2012’’; 
(B) by striking ‘‘Department of the Treas-
ury for salaries of the United States Customs 
Service’’ and inserting ‘‘Department of Home-
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land Security for salaries of the U.S. Customs 
and Border Protection Agency’’; and 
(C) by striking ‘‘to reflect’’ and all that 
follows and inserting ‘‘to reflect any adjustment 
in rates of basic pay made in accordance with 
subchapter I of chapter 53 of title 5, United 
States Code.’’; 
(4) by striking subsections (f) and (g) and in-
serting the following: 
‘‘(f) USE OF SAVINGS RESULTING FROM ADMINIS-
TRATIVE CONSOLIDATIONS.—If savings in salaries and ex-
penses 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 sav-
ings are not needed to meet emergency requirements of 
the Agency, to strengthening the commercial operations 
of the Agency by increasing the number of personnel dedi-
cated to administering such commercial operations. 
‘‘(g) ALLOCATION OF RESOURCES; REPORT TO CON-
GRESSIONAL COMMITTEES.—The Commissioner of U.S. 
Customs and Border Protection shall notify the Com-
mittee 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— 
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‘‘(1) result in any significant reduction in force 
of employees of the U.S. Customs and Border Pro-
tection Agency other than by means of attrition; 
‘‘(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; 
‘‘(3) eliminate or relocate any office of the U.S. 
Customs and Border Protection Agency; 
‘‘(4) eliminate any United States port of entry; 
or 
‘‘(5) significantly reduce the number of employ-
ees assigned to any office or any function of the 
U.S. Customs and Border Protection Agency.’’; and 
(5) by adding at the end the following: 
‘‘(i) DEFINITION.—In this section, the term ‘commer-
cial operations’ has the meaning given such term in sec-
tion 2 of the Customs Trade Facilitation and Enforcement 
Act of 2012.’’. 
(b) RESOURCE OPTIMIZATION MODEL.—Subsection 
(h) of section 301 of the Customs Procedural Reform and 
Simplification Act of 1978 is amended by striking ‘‘Re-
source Allocation Model’’ each place it appears in the text 
and in the heading and inserting ‘‘Resource Optimization 
Model’’. 
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(c) CONFORMING AMENDMENT.—Subsection (c) of 
section 5 of the Act of February 13, 1911 (19 U.S.C. 
267(c)), is amended to read as follows: 
‘‘(c) LIMITATIONS.— 
‘‘(1) FISCAL
YEAR
CAP.—The aggregate of 
overtime pay under subsection (a) of this section (in-
cluding commuting compensation under subsection 
(a)(2)(B) of this section) and premium pay under 
subsection (b) of this section that a customs officer 
may be paid in any fiscal year may not exceed 
$35,000 unless the Secretary of Homeland Security 
determines on an individual basis that payment of 
overtime pay to such officer in an amount exceeding 
$35,000 is necessary for national security purposes, 
to prevent excessive costs, or to meet emergency re-
quirements of the Agency. 
‘‘(2) EXCLUSIVITY OF PAY UNDER THIS SEC-
TION.—A customs officer 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.’’. 
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Subtitle B—Investigative Functions 
SEC. 121. SEPARATE BUDGET FOR U.S. IMMIGRATION AND 
CUSTOMS ENFORCEMENT. 
The President shall include in each budget trans-
mitted to Congress under section 1105 of title 31, United 
States Code, a separate budget request of U.S. Immigra-
tion and Customs Enforcement for the enforcement of the 
customs and trade laws of the United States. 
SEC. 122. AUTHORIZATION OF APPROPRIATIONS. 
Title III of the Customs Procedural Reform and Sim-
plification Act of 1978 (19 U.S.C. 2075) is amended by 
inserting after section 301 the following: 
‘‘SEC. 302. AUTHORIZATION OF APPROPRIATIONS FOR CER-
TAIN CUSTOMS ENFORCEMENT ACTIVITIES. 
‘‘(a) IN GENERAL.— 
‘‘(1) FISCAL YEARS BEGINNING ON OR AFTER 
OCTOBER 1, 2012.—For the fiscal year beginning Oc-
tober 1, 2012, and each fiscal year thereafter, there 
are authorized to be appropriated to the U.S. Immi-
gration and Customs Enforcement of the Depart-
ment of Homeland Security for the enforcement of 
the customs and trade laws of the United States 
only such sums as may be authorized by law. 
‘‘(2) SPECIFICATION
OF
AMOUNTS.—The au-
thorization of the appropriations for the U.S. Immi-
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gration and Customs Enforcement for each fiscal 
year after fiscal year 2012 shall specify the amount 
authorized for the fiscal year for the salaries and ex-
penses of U.S. Immigration and Customs Enforce-
ment for the enforcement of the customs and trade 
laws of the United States. 
‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There 
are authorized to be appropriated for the salaries and ex-
penses of the U.S. Immigration and Customs Enforcement 
that are incurred in enforcement of the customs and trade 
laws of the United States— 
‘‘(1) not less than $86,000,000 for fiscal year 
2013; 
‘‘(2) not less than $88,150,000 for fiscal year 
2014; and 
‘‘(3) not less than $90,200,000 for fiscal year 
2015. 
‘‘(c) DEFINITION.—In this section, the term ‘customs 
and trade laws of the United States’ has the meaning 
given such term in section 2 of the Customs Trade Facili-
tation and Enforcement Act of 2012.’’. 
Subtitle C—Joint Strategic Plan 
SEC. 131. JOINT STRATEGIC PLAN. 
(a) IN GENERAL.—Not later than June 30, 2013, 
and every 2 years thereafter, the Commissioner of U.S. 
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Customs and Border Protection and the Director of U.S. 
Immigration and Customs Enforcement shall jointly de-
velop and submit to the Committee on Finance of the Sen-
ate and the Committee on Ways and Means of the House 
of Representatives, a Joint Strategic Plan. 
(b) CONTENTS.—The Joint Strategic Plan required 
under this section shall be comprised of a comprehensive 
multi-year plan for enforcing the customs and trade laws 
of the United States and for facilitating the international 
trade of the United States, and shall include— 
(1) a summary of actions taken to date to bet-
ter 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 evalu-
ate the progress of the U.S. Customs and Border 
Protection Agency and U.S. Immigration and Cus-
toms Enforcement in meeting each such responsi-
bility; 
(2) a statement of objectives and plans for fur-
ther improving the enforcement of the customs and 
trade laws of the United States and the facilitation 
of the international trade of the United States; 
(3) a specific identification of the priority trade 
issues described in paragraph (3)(B)(ii) of section 
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2(d) of the Act of March 3, 1927 (44 Stat. 1381, 
chapter 348; 19 U.S.C. 2072(d)), as added by sec-
tion 211(a) of this Act; 
(4) a description of efforts made to improve 
consultation and coordination among Federal de-
partments and agencies, and in particular between 
the U.S. Customs and Border Protection Agency 
and U.S. Immigration and Customs Enforcement, 
regarding the enforcement of the customs and trade 
laws of the United States and the facilitation of the 
international trade of the United States; 
(5) a description of the training that has oc-
curred to date within the U.S. Customs and Border 
Protection Agency and U.S. Immigration and Cus-
toms Enforcement to improve such enforcement and 
facilitation, including training under section 217 of 
this Act; 
(6) a specific identification of any domestic or 
international best practices that may further im-
prove such enforcement and facilitation; and 
(7) any legislative recommendations to further 
improve such enforcement of the customs and trade 
laws of the United States or facilitation. 
(c) CONSULTATIONS.— 
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(1) IN
GENERAL.—In developing the Joint 
Strategic Plan required under this section, the Com-
missioner and the Director shall consult with— 
(A) appropriate officials from the relevant 
Federal departments and agencies, including— 
(i) the Department of the Treasury; 
(ii) the Department of Agriculture; 
(iii) the Department of Commerce; 
(iv) the Department of Justice; 
(v) the Department of the Interior; 
(vi) the Department of Health and 
Human Services; 
(vii) the Food and Drug Administra-
tion; 
(viii) the Consumer Product Safety 
Commission; and 
(ix) the Office of the United States 
Trade Representative; and 
(B) the Commercial Customs Operations 
Advisory Committee (established in section 202 
of this Act). 
(2) OTHER
CONSULTATIONS.—In developing 
the Joint Strategic Plan required under this section, 
the Commissioner and the Director shall seek to 
consult with— 
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(A) appropriate officials from relevant for-
eign law enforcement agencies and international 
organizations, including the World Customs Or-
ganization; and 
(B) interested parties in the private sector. 
TITLE 
II—CUSTOMS 
FACILITA-
TION, TRADE ENFORCEMENT, 
AND TRANSPARENCY 
Subtitle A—Customs Facilitation 
and Transparency 
SEC. 201. CONSULTATIONS WITH RESPECT TO MUTUAL 
RECOGNITION AGREEMENTS. 
The Secretary of Homeland Security, with respect to 
any proposed Mutual Recognition Arrangement or similar 
agreement between the United States and a foreign gov-
ernment providing for mutual recognition of supply chain 
security programs and customs revenue functions, shall— 
(1) consult, not later than 30 days before initi-
ating negotiations to enter into any such agreement, 
with the Committee on Finance of the Senate and 
the Committee on Ways and Means of the House of 
Representatives; and 
(2) consult, not later than 30 days before enter-
ing into any such agreement, with the Committee on 
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Finance of the Senate and the Committee on Ways 
and Means of the House of Representatives. 
SEC. 202. COMMERCIAL CUSTOMS OPERATIONS ADVISORY 
COMMITTEE. 
(a) ESTABLISHMENT.—Not later than 60 days after 
the date of enactment of this Act, the Secretary of the 
Treasury and the Secretary of Homeland Security shall 
jointly establish a Commercial Customs Operations Advi-
sory Committee (in this section referred to as the ‘‘Advi-
sory Committee’’). 
(b) MEMBERSHIP.— 
(1) IN
GENERAL.—The Advisory Committee 
shall be comprised of— 
(A) 20 individuals appointed under para-
graph (2); 
(B) the Assistant Secretary for Tax Policy 
of the Department of the Treasury and the As-
sistant Secretary of Policy and Planning of the 
Department of Homeland Security, who shall 
jointly co-chair meetings of the Advisory Com-
mittee; and 
(C) the Commissioner of U.S. Customs 
and Border Protection and the Director of U.S. 
Immigration and Customs Enforcement, who 
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shall serve as deputy co-chairs of meetings of 
the Advisory Committee. 
(2) APPOINTMENT.— 
(A) IN GENERAL.—The Secretary of the 
Treasury and the Secretary of Homeland Secu-
rity shall jointly appoint 20 individuals from 
the private sector to the Advisory Committee. 
(B) REQUIREMENTS.—In making appoint-
ments under subparagraph (A), the Secretary 
of the Treasury and the Secretary of Homeland 
Security shall appoint members— 
(i) to ensure that the membership of 
the Advisory Committee is representative 
of the individuals and firms affected by the 
commercial operations of the U.S. Customs 
and Border Protection Agency; and 
(ii) to ensure that a majority of the 
individuals are not members of the same 
political party. 
(c) DUTIES.—The Advisory Committee established 
under subsection (a) shall— 
(1) advise the Secretary of the Treasury and 
the Secretary of Homeland Security on matters in-
volving the commercial operations of the U.S. Cus-
toms and Border Protection Agency and U.S. Immi-
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gration and Customs Enforcement, including advis-
ing with respect to significant changes that are pro-
posed with respect to agency regulations, policies, or 
practices; 
(2) provide recommendations to the Secretary 
of the Treasury and the Secretary of Homeland Se-
curity on improvements to the commercial operations 
of the U.S. Customs and Border Protection Agency 
and U.S. Immigration and Customs Enforcement; 
and 
(3) perform such other functions relating to the 
commercial operations of the U.S. Customs and Bor-
der Protection Agency and U.S. Immigration and 
Customs Enforcement as prescribed by law or as the 
Secretary of the Treasury and the Secretary of 
Homeland Security jointly direct. 
(d) MEETINGS.—The Advisory Committee shall meet 
at the call of the Secretary of the Treasury and the Sec-
retary of Homeland Security. 
(e) ANNUAL REPORT.—Not later than December 31 
of each calendar year, the Advisory Committee shall sub-
mit to the Committee on Finance of the Senate and the 
Committee on Ways and Means of the House of Rep-
resentatives a report that— 
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(1) describes the activities of the Advisory Com-
mittee during the preceding fiscal year; and 
(2) sets forth any recommendations of the Advi-
sory Committee regarding the commercial operations 
of the U.S. Customs and Border Protection Agency 
and U.S. Immigration and Customs Enforcement. 
(f) TERMINATION.—Section 14(a)(2)(B) of the Fed-
eral Advisory Committee Act (5 U.S.C. App.; relating to 
the termination of advisory committees) shall not apply 
to the Advisory Committee. 
(g) CONFORMING AMENDMENT.— 
(1) IN
GENERAL.—Effective on the date on 
which the Advisory Committee is established under 
subsection (a), section 9503(c) of the Omnibus 
Budget Reconciliation Act of 1987 (19 U.S.C. 2071 
note) is repealed. 
(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 Reconcili-
ation Act of 1987 (19 U.S.C. 2071 note) made on 
or after the date on which the Advisory Committee 
is established under subsection (a), shall be deemed 
a reference to the Commercial Customs Operations 
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Advisory Committee established under subsection 
(a). 
SEC. 203. AUTOMATED COMMERCIAL ENVIRONMENT COM-
PUTER SYSTEM. 
(a) FUNDING.—Section 13031(f)(5) of the Consoli-
dated Omnibus Budget Reconciliation Act of 1985 (19 
U.S.C. 58c(f)(5)) is amended— 
(1) in subparagraph (A)— 
(A) by striking ‘‘2003, 2004, and 2005’’ 
and inserting ‘‘2013, 2014, and 2015’’; and 
(B) by striking ‘‘$350,000,000’’ and in-
serting ‘‘$700,242,000’’; and 
(2) in subparagraph (B)— 
(A) by striking ‘‘2003 through 2005’’ and 
inserting ‘‘2013 through 2015’’; 
(B) by striking ‘‘such amounts as are 
available in that Account’’ and inserting ‘‘not 
less than $138,794,000’’; and 
(C) by striking ‘‘for the development’’ and 
inserting ‘‘to complete the development’’. 
(b) REPORT.—Section 311(b)(3) of the Customs Bor-
der Security Act of 2002 (19 U.S.C. 2075 note) is amend-
ed to read as follows: 
‘‘(3) REPORT.— 
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‘‘(A) IN
GENERAL.—Not later than De-
cember 31, 2012, the Commissioner of U.S. 
Customs and Border Protection shall submit to 
the Committee on Appropriations and the Com-
mittee on Finance of the Senate and the Com-
mittee on Appropriations and the Committee on 
Ways and Means of the House of Representa-
tives a report specifying— 
‘‘(i) the plans of the U.S. Customs 
and Border Protection Agency and dead-
lines for incorporating all cargo release 
data elements into the Automated Com-
mercial Environment computer system not 
later than September 30, 2015, 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; 
‘‘(ii) the Agency’s remaining priorities 
for incorporating entry summary data ele-
ments, cargo manifest data elements, cargo 
financial data elements, and export ele-
ments into the Automated Commercial En-
vironment computer system; and 
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‘‘(iii) the Agency’s objectives, plans, 
and deadlines for implementing the prior-
ities identified under clause (ii) not later 
than September 30, 2015. 
‘‘(B) UPDATE
OF
REPORTS.—Not later 
than December 31, 2014, and September 30, 
2015, the Commissioner shall submit to the 
Committee on Appropriations and the Com-
mittee on Finance of the Senate and the Com-
mittee on Appropriations and the Committee on 
Ways and Means of the House of Representa-
tives an updated report addressing each of the 
matters referred to in subparagraph (A).’’. 
(c) GOVERNMENT ACCOUNTABILITY OFFICE RE-
PORT.—Not later than December 31, 2015, the Comp-
troller General of the United States shall submit to the 
Committee on Appropriations and the Committee on Fi-
nance of the Senate and the Committee on Appropriations 
and the Committee on Ways and Means of the House of 
Representatives a report— 
(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; 
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(2) assessing the extent to which any additional 
functionality may be added into the Automated 
Commercial Environment computer system at a rea-
sonable cost; and 
(3) assessing the potential cost savings to the 
United States Government and importers and ex-
porters and the potential benefits to enforcement of 
the customs and trade laws of the United States if 
the elements identified in clauses (i) and (ii) of sec-
tion 311(b)(3)(A) of the Customs Border Security 
Act of 2002, as amended by subsection (b) of this 
section, are implemented. 
SEC. 204. INTERNATIONAL TRADE DATA SYSTEM. 
Section 411(d) of the Tariff Act of 1930 (19 U.S.C. 
1411(d)) is amended— 
(1) in paragraph (1), by adding at the end the 
following: 
‘‘(F) PROHIBITION
ON
OTHER
SYSTEMS 
FOR CARGO CLEARANCE.—The Secretary shall 
ensure that each agency that participates in the 
ITDS use the ITDS to collect and distribute 
data and documentation for clearing or licens-
ing the importation or exportation of cargo, in-
cluding to authorize the release of cargo by the 
U.S. Customs and Border Protection Agency, 
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and does not use any other system for such 
purposes.’’; 
(2) by redesignating paragraphs (4) through 
(7) as paragraphs (5) through (8), respectively; 
(3) by inserting after paragraph (3) the fol-
lowing: 
‘‘(4) INFORMATION TECHNOLOGY INFRASTRUC-
TURE.—The head of each Federal agency that re-
quires documentation for clearing or licensing the 
importation and exportation of cargo shall— 
‘‘(A) develop and maintain the necessary 
information technology infrastructure to sup-
port the operation of the ITDS; 
‘‘(B) not later than March 31, 2013, enter 
into a memorandum of understanding, or take 
such other action as is necessary, to provide for 
the information sharing between the agency and 
the U.S. Customs and Border Protection Agen-
cy necessary for the operation and maintenance 
of the ITDS; and 
‘‘(C) not later than March 31, 2013, iden-
tify and transmit to the Commissioner of U.S. 
Customs and Border Protection the admissi-
bility criteria and data elements required by the 
agency to authorize the release of cargo by the 
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U.S. Customs and Border Protection Agency 
for 
incorporation 
into 
the 
operational 
functionality of the Automated Commercial En-
vironment computer system.’’; 
(4) in paragraph (5), as redesignated, by strik-
ing ‘‘each fiscal year’’ and inserting ‘‘each of the fis-
cal years 2010 through 2013’’; and 
(5) in paragraph (8), as redesignated, by strik-
ing ‘‘section 9503(c) of the Omnibus Budget Rec-
onciliation Act of 1987 (19 U.S.C. 2071 note)’’ and 
inserting ‘‘section 202 of the Customs Trade Facili-
tation and Enforcement Act of 2012’’. 
Subtitle B—Trade Enforcement 
CHAPTER 1—COMMERCIAL RISK 
ASSESSMENT TARGETING 
SEC. 211. COMMERCIAL TARGETING DIVISION AND NA-
TIONAL TARGETING AND ANALYSIS GROUPS. 
(a) IN GENERAL.—Section 2(d) of the Act of March 
3, 1927 (44 Stat. 1381, chapter 348; 19 U.S.C. 2072(d)), 
as amended by section 102(d) of this Act, is further 
amended by adding at the end the following: 
‘‘(3) COMMERCIAL
TARGETING
DIVISION
AND 
NATIONAL TARGETING AND ANALYSIS GROUPS.— 
‘‘(A) ESTABLISHMENT
OF
COMMERCIAL 
TARGETING DIVISION.— 
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‘‘(i) IN GENERAL.—The Secretary of 
Homeland Security shall establish and 
maintain within the Office of International 
Trade a Commercial Targeting Division. 
‘‘(ii) COMPOSITION.—The Commercial 
Targeting Division shall be composed of— 
‘‘(I) headquarters personnel led 
by an Executive Director, who shall 
report to the Assistant Commissioner 
of the Office of International Trade; 
and 
‘‘(II) individual National Tar-
geting and Analysis Groups, each led 
by a Director who shall report to the 
Executive Director of the Commercial 
Targeting Division. 
‘‘(iii) DUTIES.—The Commercial Tar-
geting Division shall be dedicated— 
‘‘(I) to the development and con-
duct of commercial risk assessment 
targeting with respect to cargo des-
tined for the United States in accord-
ance with subparagraph (C); and 
‘‘(II) to issuing Trade Alerts de-
scribed in subparagraph (D). 
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‘‘(B) NATIONAL TARGETING AND ANALYSIS 
GROUPS.— 
‘‘(i) IN GENERAL.—A National Tar-
geting and Analysis Group referred to in 
subparagraph (A)(ii)(II) shall, at a min-
imum, be established for each priority 
trade issue described in clause (ii). 
‘‘(ii) PRIORITY TRADE ISSUES.— 
‘‘(I) IN GENERAL.—The priority 
trade issues described in this clause 
are the following: 
‘‘(aa) Agriculture programs. 
‘‘(bb) 
Antidumping 
and 
countervailing duties. 
‘‘(cc) Import safety. 
‘‘(dd) Intellectual property 
rights. 
‘‘(ee) Penalties. 
‘‘(ff) Revenue. 
‘‘(gg) Textiles. 
‘‘(hh) Trade agreements. 
‘‘(II) MODIFICATION.—The Com-
missioner is authorized to establish 
new priority trade issues and elimi-
nate, consolidate, or otherwise modify 
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the priority trade issues described in 
this paragraph if the Commissioner— 
‘‘(aa) determines it nec-
essary and appropriate to do so; 
and 
‘‘(bb) submits to the Com-
mittee on Finance of the Senate 
and the Committee on Ways and 
Means of the House of Rep-
resentatives a summary of the 
proposed changes to the priority 
trade issues not later than 60 
days before such changes are to 
take effect. 
‘‘(iii) DUTIES.—The duties of each 
National Targeting and Analysis Group 
shall include— 
‘‘(I) directing the trade enforce-
ment and compliance assessment ac-
tivities of the U.S. Customs and Bor-
der Protection Agency that relate to 
the Group’s priority trade issue; 
‘‘(II) facilitating, promoting, and 
coordinating cooperation and the ex-
change of information between the 
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U.S. Customs and Border Protection 
Agency, U.S. Immigration and Cus-
toms Enforcement, and other relevant 
Federal departments and agencies re-
garding the Group’s priority trade 
issue; and 
‘‘(III) serving as the primary liai-
son between the U.S. Customs and 
Border Protection Agency and the 
public regarding United States Gov-
ernment 
activities 
regarding 
the 
Group’s priority trade issue, includ-
ing— 
‘‘(aa) providing for receipt 
and transmission to the appro-
priate U.S. Customs and Border 
Protection Agency office of alle-
gations from interested parties in 
the private sector of violations of 
customs and trade laws of the 
United States of merchandise re-
lating to the priority trade issue; 
‘‘(bb) obtaining information 
from the appropriate U.S. Cus-
toms 
and 
Border 
Protection 
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Agency office on the status of 
any activities resulting from the 
submission of any such allega-
tion, including any decision not 
to pursue the allegation, and pro-
viding any such information to 
each interested party in the pri-
vate sector that submitted the al-
legation every 90 days after the 
allegation was received by the 
U.S. Customs and Border Pro-
tection Agency; and 
‘‘(cc) notifying on a timely 
basis each interested party in the 
private sector that submitted 
such allegation of any civil or 
criminal actions taken by the 
U.S. Customs and Border Pro-
tection Agency or other Federal 
department or agency resulting 
from the allegation. 
‘‘(C) COMMERCIAL RISK ASSESSMENT TAR-
GETING.—In carrying out its duties with re-
spect to commercial risk assessment targeting, 
the Commercial Targeting Division shall— 
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‘‘(i) establish targeted risk assessment 
methodologies and standards— 
‘‘(I) for evaluating the risk that 
cargo destined for the United States 
may violate the customs and trade 
laws of the United States, particularly 
those laws applicable to merchandise 
subject to the priority trade issues de-
scribed in subparagraph (B)(ii); and 
‘‘(II) for issuing, as appropriate, 
Trade Alerts described in subpara-
graph (D); and 
‘‘(ii) to the extent practicable and oth-
erwise authorized by law, use information 
available from the Automated Commercial 
System, the Automated Commercial Envi-
ronment computer system, the Automated 
Targeting System, the Automated Export 
System, the International Trade Data Sys-
tem, and the Treasury Enforcement Com-
munications System, and any successor 
systems, to administer the methodologies 
and standards established under clause (i). 
‘‘(D) TRADE ALERTS.— 
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‘‘(i) ISSUANCE.—Based upon the ap-
plication of the targeted risk assessment 
methodologies and standards established 
under subparagraph (C), the Executive Di-
rector of the Commercial Targeting Divi-
sion 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 spe-
cific merchandise to ensure compliance 
with all applicable customs and trade laws 
and regulations administered by the U.S. 
Customs and Border Protection Agency. 
‘‘(ii) DETERMINATIONS
NOT
TO
IM-
PLEMENT
TRADE
ALERTS.—The director 
of a United States port of entry may deter-
mine not to conduct further inspections, or 
physical examination or testing, pursuant 
to a Trade Alert issued under clause (i) 
if— 
‘‘(I) the director finds that such 
a determination is justified by port se-
curity interests; and 
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‘‘(II) notifies the Assistant Com-
missioner of the Office of Field Oper-
ations of the U.S. Customs and Bor-
der Protection Agency of the deter-
mination and the reasons for the de-
termination not later than 48 hours 
after making the determination. 
‘‘(iii) SUMMARY OF DETERMINATIONS 
NOT TO IMPLEMENT.—The Assistant Com-
missioner of the Office of Field Operations 
of the U.S. Customs and Border Protec-
tion Agency shall— 
‘‘(I) compile an annual public 
summary of all determinations by di-
rectors of United States ports of entry 
under clause (ii) and the reasons for 
those determinations; and 
‘‘(II) submit the summary to the 
Committee on Finance of the Senate 
and the Committee on Ways and 
Means of the House of Representa-
tives not later than December 31 of 
each year. 
‘‘(iv) INSPECTION DEFINED.—In this 
subparagraph, the term ‘inspection’ means 
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the comprehensive evaluation process used 
by the U.S. Customs and Border Protec-
tion Agency, other than physical examina-
tion or testing, to permit the entry of mer-
chandise into the United States, or the 
clearance of merchandise for transpor-
tation in bond through the United States, 
for purposes of— 
‘‘(I) assessing duties; 
‘‘(II) identifying restricted or 
prohibited items; and 
‘‘(III) ensuring compliance with 
all applicable customs and trade laws 
and regulations administered by the 
Agency.’’. 
(b) USE OF TRADE DATA FOR COMMERCIAL EN-
FORCEMENT PURPOSES.—Section 343(a) of the Trade Act 
of 2002 (19 U.S.C. 2071 note) is amended— 
(1) in the first sentence of paragraph (2), by 
inserting ‘‘and to carry out commercial risk assess-
ment targeting (as described in 2(d)(3)(C) of the 
Act of March 3, 1927 (44 Stat. 1381, chapter 348; 
19 U.S.C. 2072(d)))’’ after ‘‘to ensure cargo safety 
and security’’; and 
(2) in paragraph (3)— 
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(A) by striking subparagraph (F); and 
(B) by redesignating subparagraphs (G) 
through (L) as subparagraphs (F) through (K). 
SEC. 212. CENTERS OF EXCELLENCE AND EXPERTISE. 
Section 2(d) of the Act of March 3, 1927 (44 Stat. 
1381, chapter 348; 19 U.S.C. 2072(d)), as amended by 
sections 102(d) and 211 of this Act, is further amended 
by adding at the end the following: 
‘‘(4) CENTERS OF EXCELLENCE AND EXPER-
TISE.— 
‘‘(A) ESTABLISHMENT.—The Secretary of 
Homeland Security is authorized to establish 
and maintain within the Office of International 
Trade Centers of Excellence and Expertise. 
‘‘(B) COMPOSITION.—Each Center of Ex-
cellence and Expertise shall be composed of 
headquarters and field personnel of the U.S. 
Customs and Border Protection Agency led by 
an Executive Director, who shall report to the 
Assistant Commissioner of the Office of Inter-
national Trade. 
‘‘(C) DUTIES.—Each Center of Excellence 
and Expertise shall be dedicated— 
‘‘(i) to facilitating legitimate trade 
through increasing specific industry knowl-
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edge and uniformity of cargo clearance 
procedures; 
‘‘(ii) to improving enforcement efforts 
of priority trade issues described in para-
graph (3)(B)(ii) in specific industry sectors 
through application of targeting informa-
tion from the Commercial Targeting Divi-
sion established under paragraph (3)(A) 
and from other means of verifications; 
‘‘(iii) to developing and implementing 
measurable benefits to the trade commu-
nity; 
‘‘(iv) 
to 
fostering 
partnerships 
through the expansion of trade programs 
such as Importer Self Assessment program 
and other trusted partner programs; 
‘‘(v) to developing applicable perform-
ance measurements to meet internal effi-
ciency and effectiveness goals; and 
‘‘(vi) to increasing the accuracy and 
completeness of international trade data 
and facilitate a more efficient flow of infor-
mation between Federal departments and 
agencies.’’. 
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SEC. 213. REPORT ON OVERSIGHT OF REVENUE PROTEC-
TION AND ENFORCEMENT MEASURES. 
(a) CONTENTS OF REPORT.—The Inspector General 
of the Department of Homeland Security shall, at the 
times specified in subsection (b), 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, with respect to the 2-fiscal-year period to 
which the report applies: 
(1) The effectiveness of the measures taken by 
the U.S. Customs and Border Protection Agency 
with respect to revenue protection, including— 
(A) the collection of countervailing and 
antidumping duties; 
(B) the assessment and collection of com-
mercial fines and penalties; and 
(C) the adequacy of the policies of the 
Agency with respect to monitoring and tracking 
of merchandise transported in bond and col-
lecting duties, as appropriate. 
(2) The effectiveness of actions taken by the 
U.S. Customs and Border Protection Agency to 
measure accountability and performance with re-
spect to revenue protection. 
(3) The number and outcome of investigations 
instituted by the U.S. Customs and Border Protec-
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tion Agency with respect to the underpayment of du-
ties. 
(4) The adequacy of training with respect to 
the collection of duties provided for personnel of the 
U.S. Customs and Border Protection Agency. 
(b) TIMING
OF REPORT.—The report under sub-
section (a) shall be submitted not later than March 31, 
2014, and not later than March 31 of each second year 
thereafter, with respect to the 2-fiscal-year period ending 
on September 30 of the preceding calendar year. 
SEC. 214. REPORT ON SECURITY AND REVENUE MEASURES 
WITH RESPECT TO MERCHANDISE TRANS-
PORTED IN BOND. 
(a) IN GENERAL.—Not later than December 31 of 
2013, 2014, and 2015 the Secretary of Homeland Secu-
rity and the Secretary of the Treasury shall jointly submit 
to the Committee on Finance of the Senate and the Com-
mittee on Ways and Means of the House of Representa-
tives a report on efforts undertaken by the U.S. Customs 
and Border Protection Agency to ensure the secure trans-
portation 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 consump-
tion. 
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(b) CONTENTS.—The report required by subsection 
(a) shall include information, for the fiscal year preceding 
the submission of the report, on— 
(1) the overall number of entries of merchan-
dise for transportation in bond through the United 
States; 
(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; 
(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 re-exported; 
(4) the average time taken to transport mer-
chandise in bond from the port at which the mer-
chandise arrives in the United States to its final des-
tination in the United States; 
(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; 
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(6) the total number of notifications by carriers 
of merchandise being transported in bond that the 
destination of the merchandise has changed; and 
(7) the number of entries that remain 
unreconciled. 
SEC. 215. REPORT ON EFFECTIVENESS OF TRADE EN-
FORCEMENT ACTIVITIES. 
(a) IN GENERAL.—Not later than 1 year after the 
date of enactment of this Act, the Comptroller General 
of the United States shall submit to the Committee on 
Finance of the Senate and the Committee on Ways and 
Means of the House of Representatives a report on the 
effectiveness of trade enforcement activities of the U.S. 
Customs and Border Protection Agency. 
(b) CONTENTS.—The report shall include— 
(1) a description of the use of resources, results 
of audits and verifications, targeting, organization, 
and training of the U.S. Customs and Border Pro-
tection Agency; and 
(2) a description of trade enforcement activities 
to address undervaluation, transshipment, legitimacy 
of entities making entry, protection of revenues, 
fraud prevention and detection, and penalties, in-
cluding 
intentional 
misclassification, 
inadequate 
bonding, and other misrepresentations. 
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SEC. 216. PRIORITIES AND PERFORMANCE STANDARDS 
FOR CUSTOMS MODERNIZATION, TRADE FA-
CILITATION, 
AND 
TRADE 
ENFORCEMENT 
FUNCTIONS AND PROGRAMS. 
(a) PRIORITIES AND PERFORMANCE STANDARDS.— 
(1) IN GENERAL.—The Commissioner of U.S. 
Customs and Border Protection, in consultation with 
the Committee on Ways and Means of the House of 
Representatives and the Committee on Finance of 
the Senate, shall establish priorities and perform-
ance standards to measure the development and lev-
els of achievement of the Customs modernization, 
trade facilitation, and trade enforcement functions 
and programs described in subsection (b). 
(2) MINIMUM PRIORITIES AND STANDARDS.— 
Such priorities and performance standards shall, at 
a minimum, include priorities and standards relating 
to efficiency, outcome, output, and other types of ap-
plicable measures. 
(b) FUNCTIONS AND PROGRAMS DESCRIBED.—The 
functions and programs referred to in subsection (a) are 
the following: 
(1) The Automated Commercial Environment 
computer 
system 
authorized 
under 
section 
13031(f)(5) of the Consolidated Omnibus Budget 
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and Reconciliation Act of 1985 (19 U.S.C. 
58c(f)(5)). 
(2) Each of the priority trade issues described 
in paragraph (3)(B)(ii) of section 2(d) of the Act of 
March 3, 1927 (44 Stat. 1381, chapter 348; 19 
U.S.C. 2072(d)), as added by section 211(a) of this 
Act. 
(3) The Centers of Excellence and Expertise de-
scribed in section 212(c) of this Act. 
(4) Drawback for exported merchandise under 
section 313 of the Tariff Act of 1930 (19 U.S.C. 
1313), as amended by section 404 of this Act. 
(5) Transactions relating to imported merchan-
dise in bond. 
(6) Collection of countervailing duties assessed 
under subtitle A of title VII of the Tariff Act of 
1930 (19 U.S.C. 1671 et seq.) and antidumping du-
ties assessed under subtitle B of title VII of the Tar-
iff Act of 1930 (19 U.S.C. 1673 et seq.). 
(7) The expedited clearance of cargo. 
(8) The issuance of regulations and rulings. 
(9) The issuance of Regulatory Audit Reports. 
(c) SUBMISSION TO CONGRESS.— 
(1) IN GENERAL.—The Commissioner of U.S. 
Customs and Border Protection shall submit to the 
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Committee on Ways and Means of the House of 
Representatives and the Committee on Finance of 
the Senate a description of the priorities and per-
formance standards referred to in subsection (a) not 
later than 180 days after the date of enactment of 
this Act. 
(2) PROPOSED
CHANGES.—The Commissioner 
of U.S. Customs and Border Protection shall submit 
to the congressional committees referred to in para-
graph (1) a description of any changes to the prior-
ities and performance standards referred to in sub-
section (a) not later than 30 days before such 
changes are to take effect. 
(d) REPORT.—Not later than December 31, 2013, 
and December 31 of each year thereafter, the Commis-
sioner of U.S. Customs and Border Protection shall sub-
mit to the Committee on Ways and Means of the House 
of Representatives and the Committee on Finance of the 
Senate a report on the implementation of this section for 
the previous fiscal year. 
SEC. 217. EDUCATIONAL SEMINARS TO IMPROVE EFFORTS 
TO CLASSIFY AND APPRAISE IMPORTED AR-
TICLES AND TO IMPROVE TRADE ENFORCE-
MENT EFFORTS. 
(a) IN GENERAL.— 
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(1) ESTABLISHMENT.—The Commissioner of 
U.S. Customs and Border Protection and the Direc-
tor of U.S. Immigration and Customs Enforcement 
shall establish and carry out on a fiscal year basis 
educational seminars to— 
(A) improve the ability of U.S. Customs 
and Border Protection Agency personnel to 
classify and appraise articles imported into the 
United States in accordance with the customs 
and trade laws of the United States; and 
(B) improve the trade enforcement efforts 
of U.S. Customs and Border Protection Agency 
personnel and U.S. Immigration and Customs 
Enforcement personnel. 
(2) 
LOCATION.—Each 
educational 
seminar 
under this section shall be located at a United 
States port of entry or a Center of Excellence and 
Expertise described in section 212(c) of this Act. 
(b) CONTENT.— 
(1) CLASSIFYING AND APPRAISING IMPORTED 
ARTICLES.—In carrying out subsection (a)(1)(A), 
the Commissioner, the Director, and interested par-
ties in the private sector selected under subsection 
(c) shall provide instruction and related instructional 
materials at each educational seminar under this 
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section to U.S. Customs and Border Protection 
Agency personnel and, as appropriate, to U.S. Immi-
gration and Customs Enforcement Agency personnel 
on the following: 
(A) Conducting a physical inspection of an 
article imported into the United States, includ-
ing testing of samples of the article, to deter-
mine if the article is mislabeled in the manifest 
or other accompanying documentation. 
(B) Reviewing the manifest and other ac-
companying documentation of an article im-
ported into the United States to determine if 
the country of origin of the article listed in the 
manifest or other accompanying documentation 
is accurate. 
(C) Customs valuation. 
(D) Industry supply chains and other re-
lated matters as determined to be appropriate 
by the Commissioner. 
(2) TRADE ENFORCEMENT EFFORTS.—In car-
rying out subsection (a)(1)(B), the Commissioner, 
the Director, and interested parties in the private 
sector selected under subsection (c) shall provide in-
struction and related instructional materials at each 
educational seminar under this section to U.S. Cus-
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toms and Border Protection Agency personnel and, 
as appropriate, to U.S. Immigration and Customs 
Enforcement Agency personnel to identify opportuni-
ties to enhance enforcement of the following: 
(A) Collection of countervailing duties as-
sessed under subtitle A of title VII of the Tariff 
Act of 1930 (19 U.S.C. 1671 et seq.) and anti-
dumping duties assessed under subtitle B of 
title VII of the Tariff Act of 1930 (19 U.S.C. 
1673 et seq.). 
(B) Addressing evasion of duties on im-
ports of textiles. 
(C) Protection of intellectual property 
rights. 
(D) Enforcement of child labor laws. 
(3) APPROVAL OF COMMISSIONER AND DIREC-
TOR.—The instruction and related instructional ma-
terials at each educational seminar under this sec-
tion shall be subject to the approval of the Commis-
sioner and the Director. 
(c) SELECTION PROCESS.— 
(1) IN GENERAL.—The Commissioner shall es-
tablish a process to solicit, evaluate, and select inter-
ested parties in the private sector for purposes of as-
sisting in providing instruction and related instruc-
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tional materials described in subsection (b) at each 
educational seminar under this section. 
(2) CRITERIA.—The Commissioner shall evalu-
ate and select interested parties in the private sector 
under the process established under paragraph (1) 
based on— 
(A) availability and usefulness; 
(B) the volume, value, and incidence of 
mislabeling or misidentification of origin of im-
ported articles; and 
(C) other appropriate criteria established 
by the Commissioner. 
(3) PUBLIC AVAILABILITY.—The Commissioner 
shall publish in the Federal Register a detailed de-
scription of the process established under paragraph 
(1) and the criteria established under paragraph (2). 
(d) SPECIAL RULE FOR ANTIDUMPING AND COUN-
TERVAILING ORDERS.— 
(1) IN GENERAL.—The Commissioner shall give 
due consideration to carrying out an educational 
seminar under this section in whole or in part to im-
prove the ability of U.S. Customs and Border Pro-
tection Agency personnel to enforce a countervailing 
or antidumping duty order issued under section 706 
or 736 of the Tariff Act of 1930 (19 U.S.C. 1671e 
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or 1673e) upon the request of a petitioner in an ac-
tion underlying such countervailing or antidumping 
duty order. 
(2) INTERESTED
PARTY.—A petitioner de-
scribed in paragraph (1) shall be treated as an inter-
ested party in the private sector for purposes of the 
requirements of this section. 
(e) PERFORMANCE STANDARDS.—The Commissioner 
and the Director shall establish performance standards to 
measure the development and level of achievement of edu-
cational seminars under this section. 
(f) REPORTING.—Beginning September 30, 2013, the 
Commissioner and Director shall submit to the Committee 
on Ways and Means of the House of Representatives and 
the Committee on Finance of the Senate an annual report 
on the effectiveness of educational seminars under this 
section. 
(g) DEFINITIONS.—In this section: 
(1) 
COMMISSIONER.—The 
term 
‘‘Commis-
sioner’’ means the Commissioner of U.S. Customs 
and Border Protection. 
(2) DIRECTOR.—The term ‘‘Director’’ means 
the Director of U.S. Immigration and Customs En-
forcement. 
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(3) 
UNITED
STATES.—The 
term 
‘‘United 
States’’ means the customs territory of the United 
States, as defined in General Note 2 to the Har-
monized Tariff Schedule of the United States. 
(4) U.S. CUSTOMS AND BORDER PROTECTION 
AGENCY
PERSONNEL.—The term ‘‘U.S. Customs 
and Border Protection Agency personnel’’ means im-
port specialists, auditors, and other appropriate em-
ployees of the U.S. Customs and Border Protection 
Agency. 
(5) U.S. IMMIGRATION AND CUSTOMS ENFORCE-
MENT AGENCY PERSONNEL.—The term ‘‘U.S. Immi-
grations and Customs Enforcement Agency per-
sonnel’’ means Homeland Security Investigations Di-
rectorate personnel and other appropriate employees 
of the U.S. Immigrations and Customs Enforcement 
Agency. 
CHAPTER 2—IMPORTER REQUIREMENTS 
SEC. 221. 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 num-
bers. 
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(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— 
(1) develops criteria that importers must meet 
in order to obtain an importer of record number, in-
cluding— 
(A) criteria to ensure sufficient informa-
tion is collected to allow the U.S. Customs and 
Border Protection Agency to verify the exist-
ence of the importer requesting the importer of 
record number; 
(B) criteria to ensure sufficient informa-
tion is collected to allow the U.S. Customs and 
Border Protection Agency to identify linkages 
or other affiliations between importers that are 
requesting or have been assigned importer of 
record numbers; and 
(C) criteria to ensure sufficient informa-
tion is collected to allow the U.S. Customs and 
Border Protection Agency to identify changes in 
address and corporate structure of importers; 
(2) provides a process by which importers are 
assigned importer of record numbers; 
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(3) maintains a centralized database of im-
porter of record numbers, including a history of im-
porter of record numbers associated with each im-
porter, and the information described in subpara-
graphs (A), (B), and (C) of paragraph (1); 
(4) evaluates the accuracy of the database; and 
(5) takes measures to ensure that duplicate im-
porter of record numbers are not issued. 
(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). 
(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). 
SEC. 222. CUSTOMS BROKER IDENTIFICATION OF IMPORT-
ERS. 
(a) IN GENERAL.—Section 641 of the Tariff Act of 
1930 (19 U.S.C. 1641) is amended by adding at the end 
the following: 
‘‘(i) IDENTIFICATION OF IMPORTERS.— 
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‘‘(1) IN
GENERAL.—The Secretary shall pre-
scribe regulations setting forth the minimum stand-
ards for customs brokers and importers, including 
nonresident importers, regarding the identity of the 
importer that shall apply in connection with the im-
portation of merchandise into the United States. 
‘‘(2) MINIMUM
REQUIREMENTS.—The regula-
tions shall, at a minimum, require customs brokers 
to implement, and importers (after being given ade-
quate notice) to comply with, reasonable procedures 
for— 
‘‘(A) collecting the identity of importers, 
including nonresident importers, seeking to im-
port merchandise into the United States to the 
extent reasonable and practicable; and 
‘‘(B) maintaining records of the informa-
tion used to substantiate a person’s identity, in-
cluding name, address, and other identifying in-
formation. 
‘‘(3) PENALTIES.—Any customs broker who 
fails to collect information required under the regu-
lations prescribed under this subsection shall be lia-
ble to the United States, at the discretion of the 
Secretary, for a monetary penalty not to exceed 
$10,000 for each violation of those regulations and 
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subject to revocation or suspension of a license or 
permit of the customs broker pursuant to the proce-
dures set forth in subsection (d). 
‘‘(4) DEFINITIONS.—In this subsection, the 
terms ‘importer’ and ‘nonresident importer’ have the 
meaning given such terms in section 2 of the Cus-
toms Trade Facilitation and Enforcement Act of 
2012.’’. 
(b) STUDY AND REPORT REQUIRED.—Not later than 
180 days after the date of enactment of this Act, the Com-
missioner of U.S. Customs and Border Protection shall 
submit to Congress a report containing recommendations 
for— 
(1) determining the most timely and effective 
way to require foreign nationals to provide customs 
brokers with appropriate and accurate information, 
comparable to that which is required of United 
States nationals, concerning the identity, address, 
and other related information relating to such for-
eign nationals necessary to enable customs brokers 
to comply with the requirements of section 641(i) of 
the Tariff Act of 1930 (as added by subsection (a)); 
and 
(2) establishing a system for customs brokers to 
review information maintained by relevant Federal 
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agencies for purposes of verifying the identities of 
importers, including nonresident importers, seeking 
to import merchandise into the United States. 
SEC. 223. ESTABLISHMENT OF ‘‘NEW IMPORTER’’ PROGRAM. 
(a) IN GENERAL.—Not later than 180 days after the 
date of the enactment of this Act, the Commissioner of 
U.S. Customs and Border Protection shall establish a new 
importer program that directs the U.S. Customs and Bor-
der Protection Agency to adjust bond amounts for new 
importers based on the level of risk assessed by the U.S. 
Customs and Border Protection Agency for protection of 
revenue of the Federal Government. 
(b) REQUIREMENTS.—The Commissioner shall en-
sure that, as part of the new importer program established 
under subsection (a), the U.S. Customs and Border Pro-
tection Agency— 
(1) develops risk assessment guidelines for new 
importers to determine if and to what extent— 
(A) to adjust bond amounts of imported 
products of new importers; and 
(B) to increase screening of imported prod-
ucts of new importers; 
(2) develops procedures to ensure increased 
oversight of imported products of new importers re-
lating to the enforcement of the priority trade issues 
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described in paragraph (3)(B)(ii) of section 2(d) of 
the Act of March 3, 1927 (44 Stat. 1381, chapter 
348; 19 U.S.C. 2072(d)), as added by section 211(a) 
of this Act; 
(3) develops procedures to ensure increased 
oversight of imported products of new importers by 
Centers of Excellence and Expertise established 
under section 212; and 
(4) establishes a centralized database of new 
importers to ensure accuracy of information that is 
required to be provided by new importers to the U.S. 
Customs and Border Protection Agency. 
SEC. 224. REQUIREMENTS APPLICABLE TO NON-RESIDENT 
IMPORTERS. 
(a) IN GENERAL.—Part III of title IV of the Tariff 
Act of 1930 (19 U.S.C. 1481 et seq.) is amended by in-
serting after section 484b the following new section: 
‘‘SEC. 484c. REQUIREMENTS APPLICABLE TO NON-RESI-
DENT IMPORTERS. 
‘‘(a) IN GENERAL.—Except as provided in subsection 
(c), if an importer of record under section 484 of this Act 
is not a resident of the United States, the Commissioner 
of U.S. Customs and Border Protection shall require the 
non-resident importer to designate a resident agent in the 
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United States subject to the requirements described in 
subsection (b). 
‘‘(b) REQUIREMENTS.—The requirements described 
in this subsection are the following: 
‘‘(1) The resident agent shall be authorized to 
accept service of process against the non-resident 
importer in connection with the importation of mer-
chandise. 
‘‘(2) The resident agent shall be liable to the 
United States for payment of duties and penalties or 
other fines issued by the Secretary of Homeland Se-
curity or the Commissioner if the Secretary or Com-
missioner is unable to collect such duties and pen-
alties or other fines from such non-resident importer 
in connection with the importation of merchandise. 
‘‘(3) The Secretary of the Treasury may require 
the resident agent to secure a bond or other security 
in connection with the importation of merchandise 
as the Secretary may deem necessary for the protec-
tion of the revenue or to assure compliance with any 
provision of law, regulation, or instruction which the 
Secretary of the Commissioner may be authorized to 
enforce. 
‘‘(4) The Commissioner of U.S. Customs and 
Border Protection shall require the non-resident im-
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porter to establish a power of attorney with the resi-
dent agent in connection with the importation of 
merchandise. 
‘‘(c) NON-APPLICABILITY.—The requirements of this 
section shall not apply with respect to a non-resident im-
porter who is a validated Tier 2 or Tier 3 participant in 
the Customs-Trade Partnership Against Terrorism pro-
gram established under subtitle B of title II of the SAFE 
Port Act (6 U.S.C. 961 et seq.). 
‘‘(d) PENALTIES.— 
‘‘(1) IN GENERAL.—It shall be unlawful for any 
person to import into the United States any mer-
chandise in violation of this section. 
‘‘(2) CIVIL PENALTIES.—Any person who vio-
lates paragraph (1) shall be liable for a civil penalty 
of $50,000 for each such violation. 
‘‘(3) OTHER PENALTIES.—In addition to the 
penalties specified in paragraph (2), any violation of 
this section that violates any other customs and 
trade laws of the United States shall be subject to 
any applicable civil and criminal penalty, including 
seizure and forfeiture, that may be imposed under 
such customs or trade law or title 18, United States 
Code, with respect to the importation of merchan-
dise. 
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‘‘(4) DEFINITION.—In this subsection, the term 
‘customs and trade laws of the United States’ has 
the meaning given such term in section 2 of the 
Customs Trade Facilitation and Enforcement Act of 
2012.’’. 
(b) EFFECTIVE DATE.—Section 484c of the Tariff 
Act of 1930, as added by subsection (a), takes effect on 
the date of the enactment of this Act and applies with 
respect to the importation of merchandise of an importer 
of record under section 484 of the Tariff Act of 1930 who 
is not a resident of the United States on or after the date 
that is 180 days after such date of enactment. 
SEC. 225. CERTIFIED IMPORTER PROGRAM. 
(a) INTERAGENCY COMMITTEE.— 
(1) 
ESTABLISHMENT
AND
MEMBERSHIP.— 
There is established an interagency committee com-
posed of representatives of each covered Federal 
agency. 
(2) CHAIRPERSON.—The Commissioner of U.S. 
Customs and Border Protection shall serve as the 
chairperson of the interagency committee. 
(b) DUTIES.—The interagency committee shall— 
(1) not later than December 30, 2014, and in 
consultation with interested parties in the private 
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sector, establish a certified importer program as de-
scribed in subsection (c); and 
(2) assess and make recommendations with re-
spect to other trade facilitation benefits for certified 
importers. 
(c) CERTIFIED IMPORTER PROGRAM.— 
(1) IN GENERAL.—The certified importer pro-
gram described in this subsection is a program to 
authorize the release of cargo imported by a certified 
importer on an expedited basis that is subject to 
documentation for clearing or licensing the importa-
tion or exportation of such cargo by one or more 
covered Federal agencies. 
(2) CLEARANCE.—Such release of cargo shall 
include clearance through the Automated Commer-
cial 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)), as amended by section 203 of this Act, 
or its predecessor system upon transmission of data 
governing entry and immediate delivery. 
(d) DEFINITIONS.—In this section: 
(1) CERTIFIED
IMPORTER.—The term ‘‘cer-
tified importer’’ means an importer that— 
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(A)(i) is a validated Tier 2 or Tier 3 par-
ticipant in the Customs-Trade Partnership 
Against Terrorism program established under 
subtitle B of title II of the SAFE Port Act (6 
U.S.C. 961 et seq.); and 
(ii) is a participant in good standing of the 
U.S. Customs and Border Protection Agency’s 
importer self-assessment program; and 
(B) where applicable, participants in good 
standing in one or more programs maintained 
by a covered Federal agency to formally identify 
entities that are highly compliant with the cov-
ered Federal agency’s requirements and which 
maintain a rigorous system of internal controls 
and system of records to promote and document 
such compliance. 
(2) COVERED
FEDERAL
AGENCY.—The term 
‘‘covered Federal agency’’ means a Federal depart-
ment or agency that requires documentation for 
clearing or licensing the importation or exportation 
of cargo. 
(e) REPORT.— 
(1) IN GENERAL.—Not later than March 31, 
2014, the Commissioner of U.S. Customs and Bor-
der Protection shall submit to the Committee on Fi-
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nance of the Senate and the Committee on Ways 
and Means of the House of Representatives a report 
assessing the progress in establishing the certified 
importer program as described in subsection (c) and 
coordination among the Commissioner and the heads 
of each covered Federal agency in facilitating the 
implementation of the certified importer program. 
(2) UPDATE.—Not later than December 31, 
2015, the Commissioner of U.S. Customs and Bor-
der Protection shall submit to the Committee on Fi-
nance of the Senate and the Committee on Ways 
and Means of the House of Representatives an up-
date of the report required under paragraph (1). 
CHAPTER 3—IMPORT-RELATED PROTEC-
TION OF INTELLECTUAL PROPERTY 
RIGHTS 
SEC. 231. EXCHANGE OF INFORMATION RELATED TO 
TRADE ENFORCEMENT. 
The Tariff Act of 1930 is amended by inserting after 
section 628 (19 U.S.C. 1628) the following new section: 
‘‘SEC. 628A. EXCHANGE OF INFORMATION RELATED TO 
TRADE ENFORCEMENT. 
‘‘(a) SHARING OF INFORMATION RELATING TO COPY-
RIGHTS AND REGISTERED MARKS.— 
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‘‘(1) SHARING
OF
INFORMATION
AND
SAM-
PLES.—Notwithstanding any other provision of law, 
the Secretary is authorized, at the time that mer-
chandise is presented for examination and there-
after, to provide to the owner of a copyright or a 
registered mark, with notification to the importer of 
record— 
‘‘(A) any information appearing on the 
merchandise or its retail packaging, 
‘‘(B) a sample, or digital image, of the 
merchandise and its retail packaging, or 
‘‘(C) if a sample is provided under sub-
paragraph (B), any packing material accom-
panying the sample that bears either a mark 
suspected of being a counterfeit mark of the 
registered mark, or a work suspected of infring-
ing the copyright, 
as presented to the United States Customs and Bor-
der Protection Agency, without redaction, whether 
imported into or exported from, or attempted to be 
exported from, the United States, to assist the Sec-
retary in determining whether the merchandise, 
packaging, or packing material infringes the copy-
right or bears or consists of a counterfeit mark of 
the registered mark. 
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‘‘(2) NONDISCLOSURE.— 
‘‘(A) IN GENERAL.—Any owner of a copy-
right or a registered mark to whom informa-
tion, a sample, an image, or material described 
in subparagraph (A), (B), or (C) of paragraph 
(1) is provided under paragraph (1) may not 
disclose it to any other person or use it for a 
purpose other than the purpose described in 
paragraph (1). 
‘‘(B) 
EXCEPTION.—Subparagraph 
(A) 
does not apply in the case of information, a 
sample, an image, or material that is disclosed 
or used in a civil action for infringement of a 
copyright under title 17, United States Code, or 
infringement of a registered mark under the 
Lanham Act. 
‘‘(C) USE
IN
JUDICIAL
PROCEEDINGS 
BARRED.—Information, samples, images, or 
material described in subparagraph (A), (B), or 
(C) of paragraph (1), or information obtained 
from the provision of information, samples, im-
ages, or material under any such subparagraph, 
may not be used by the owner of a copyright or 
registered mark in any judicial proceeding, 
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other than a proceeding described in subpara-
graph (B). 
‘‘(3) BONDING REQUIREMENTS.—The Secretary 
may impose bonding requirements on the owner of 
the copyright or registered mark as a condition of 
disclosure of information and the provision of sam-
ples under this subsection. 
‘‘(4) IMPLEMENTATION.— 
‘‘(A) REGULATIONS.—Not later than the 
90th day after the date of the enactment of this 
section, the Secretary shall promulgate revised 
regulations to carry out this subsection. Until 
such time as the Secretary promulgates the re-
vised regulations, and notwithstanding section 
818(g)(2) of the National Defense Authoriza-
tion Act of 2012 (10 U.S.C. 2302 note; Public 
Law 112–81), those regulations in effect on the 
date of the enactment of this section imple-
menting section 818(g)(1) of the National De-
fense Authorization Act of 2012 shall be in ef-
fect, except to the extent such regulations limit 
the application of this subsection. 
‘‘(B) 
INFORMATION
SHARING
PROC-
ESSES.— 
‘‘(i) FOR IMPORTERS.— 
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‘‘(I) IN
GENERAL.—The Sec-
retary is authorized to establish a 
clearance process for those importers 
of record who wish to participate in 
the process to allow for or accelerate 
the release of merchandise from the 
custody of the United States Customs 
and Border Protection Agency without 
the provision under paragraph (1), 
prior to seizure of the merchandise, of 
information, samples, images, or ma-
terial with respect to the merchandise. 
‘‘(II) LIMITATION
ON
SHARING 
OF INFORMATION.—In the case of an 
importer of record that participates in 
the process under subclause (I), no in-
formation, samples, images, or mate-
rial described in subparagraph (A), 
(B), or (C) of paragraph (1) of mer-
chandise of that importer may be pro-
vided, without redaction, to the owner 
of a copyright or registered mark 
prior to seizure of the merchandise. 
‘‘(ii) FOR
OWNERS
OF
COPYRIGHTS 
AND REGISTERED MARKS.— 
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‘‘(I) IN GENERAL.— 
‘‘(aa) 
ESTABLISHMENT.— 
The Secretary shall establish a 
process or processes for those 
owners of copyrights and owners 
of registered marks that wish to 
participate in the process or 
processes, through which any 
sharing of information, samples, 
images, and material under para-
graph (1) will be carried out be-
fore the notification to the im-
porter of record referred to in 
paragraph (1) is made, subject to 
the limitation under subclause 
(II) of clause (i). 
‘‘(bb) 
INELIGIBILITY.—An 
owner of a copyright or a reg-
istered mark shall not be eligible 
to participate in a process de-
scribed in item (aa) if that owner 
of a copyright or a registered 
mark has violated the prohibi-
tions on disclosure under para-
graph (2). 
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‘‘(II) PROVISION
OF
SAMPLES 
AND
INFORMATION
TO
CBP.—The 
Secretary is authorized to establish a 
process for those owners of copyrights 
and owners of registered marks that 
wish to provide to the United States 
Customs and Border Protection Agen-
cy samples of, or information regard-
ing, their copyrighted merchandise or 
merchandise that bears their reg-
istered marks (as the case may be), to 
assist the Secretary in determining 
whether merchandise presented for ex-
amination infringes the copyright or 
bears or consists of a counterfeit 
mark of the registered mark. 
‘‘(b) 
MERCHANDISE
IN
VIOLATION
OF 
ANTICIRCUMVENTION MEASURES.— 
‘‘(1) NOTIFICATION UPON SEIZURE.— 
‘‘(A) 
NOTIFICATION
OF
COPYRIGHT 
OWNER.—Upon the seizure of merchandise by 
the Secretary for a violation of subsection (a) or 
(b) of section 1201 of title 17, United States 
Code, the Secretary shall notify the owner of a 
copyright who is included on the list established 
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under paragraph (4) of the seizure of the mer-
chandise that is capable of circumventing a 
technological measure of the copyright owner 
under either such subsection. The Secretary 
shall also provide to any such person additional 
information upon request, which shall be equiv-
alent to information provided pursuant to sec-
tion 602(b) of title 17, United States Code, and 
the regulations issued under that section. 
‘‘(B) 
NOTIFICATION
OF
TRADEMARK 
OWNER.—Upon the seizure of merchandise by 
the Secretary for a violation of subsection (a) or 
(b) of section 1201 of title 17, United States 
Code, the Secretary shall notify the owner of a 
registered mark— 
‘‘(i) on hardware that contains a tech-
nological measure that the seized merchan-
dise is capable of circumventing, or 
‘‘(ii) on hardware on which the use of 
the seized merchandise is capable of cir-
cumventing a technological measure of a 
copyright owner, 
in either case in a manner that would result in 
injury to the owner of a copyright under either 
such subsection, if the owner of the registered 
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mark is included on the list established under 
paragraph (4). The Secretary shall also provide 
to any such person additional information upon 
request, which shall be equivalent to informa-
tion provided pursuant to section 602(b) of title 
17, United States Code, and the regulations 
issued under that section. 
‘‘(2) PRE-SEIZURE PROVISION OF SAMPLES.— 
‘‘(A) IN GENERAL.—In the case of mer-
chandise that the Secretary reasonably suspects 
may be subject to seizure by the Secretary for 
a violation of subsection (a) or (b) of section 
1201 of title 17, United States Code, the Sec-
retary is authorized to provide a sample of the 
merchandise to any person described in sub-
paragraph (B) in the case of merchandise that 
is suspected of such a violation, when necessary 
in the view of the Secretary to assist the Sec-
retary in determining whether such a violation 
has occurred. 
‘‘(B) RECIPIENTS OF SAMPLES.—Persons 
to whom provision of samples is authorized 
under subparagraph (A) are— 
‘‘(i) the owner of a copyright whose 
technological measure the merchandise is 
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capable of circumventing under subsection 
(a) or (b) of section 1201 of title 17, 
United States Code; and 
‘‘(ii) the owner of a registered mark— 
‘‘(I) on hardware that contains a 
technological measure that the seized 
merchandise is capable of circum-
venting, or 
‘‘(II) on hardware on which the 
use of the seized merchandise is capa-
ble of circumventing a technological 
measure of a copyright owner, 
in either case in a manner that would re-
sult in injury to the owner of a copyright 
under either such subsection. 
‘‘(C) NONDISCLOSURE.— 
‘‘(i) IN GENERAL.—Any owner of a 
copyright or a registered mark to whom a 
sample is provided under subparagraph 
(A) before the merchandise is seized may 
not disclose it to any other person or use 
it for a purpose other than the purpose de-
scribed in subparagraph (A) for such pro-
vision of samples. 
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‘‘(ii) EXCEPTION.—Clause (i) does not 
apply in the case of a sample that is dis-
closed or used in a civil action for infringe-
ment of a copyright under title 17, United 
States Code, or infringement of a reg-
istered mark under the Lanham Act. 
‘‘(iii) USE IN JUDICIAL PROCEEDINGS 
BARRED.—A sample provided under sub-
paragraph (A), or information obtained 
from the provision of such a sample, may 
not be used by the owner of a copyright or 
registered mark in any judicial proceeding, 
other than a proceeding described in clause 
(ii). 
‘‘(D) BONDING REQUIREMENTS.—The Sec-
retary may impose bonding requirements on the 
owner of the copyright or trademark as a condi-
tion of the provision of samples under this 
paragraph. 
‘‘(3) POST-SEIZURE PROVISION OF SAMPLES.— 
‘‘(A) IN GENERAL.—In the case of mer-
chandise subject to seizure by the Secretary for 
a violation of subsection (a) or (b) of section 
1201 of title 17, United States Code, the Sec-
retary is authorized to provide a sample of the 
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100 
merchandise to any person described in sub-
paragraph (B) if the merchandise has been 
seized for such a violation. 
‘‘(B) RECIPIENTS OF SAMPLES.—Persons 
to whom provision of samples is authorized 
under subparagraph (A) are— 
‘‘(i) the owner of a copyright whose 
technological measure the merchandise is 
capable of circumventing under subsection 
(a) or (b) of section 1201 of title 17, 
United States Code, and who is included 
on the list established under paragraph 
(4); and 
‘‘(ii) the owner of a registered mark— 
‘‘(I) on hardware that contains a 
technological measure that the seized 
merchandise is capable of circum-
venting, or 
‘‘(II) on hardware on which the 
use of the seized merchandise is capa-
ble of circumventing a technological 
measure of a copyright owner, 
in either case in a manner that would re-
sult in injury to the owner of a copyright 
under either such subsection, if the owner 
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101 
of the registered mark is included on the 
list established under paragraph (4). The 
Secretary shall also provide to any such 
person additional information upon re-
quest, which shall be equivalent to infor-
mation 
provided 
pursuant 
to 
section 
602(b) of title 17, United States Code, and 
the regulations issued under that section. 
‘‘(C) BONDING REQUIREMENTS.—The Sec-
retary may impose bonding requirements on the 
owner of the copyright or trademark as a condi-
tion of the provision of samples under this 
paragraph. 
‘‘(4) ELIGIBLE OWNERS OF COPYRIGHTS AND 
REGISTERED MARKS.—An owner of a copyright or a 
registered mark is eligible to receive notification 
under paragraph (1) or samples under paragraph 
(3) if such owner is included on a list that the Sec-
retary is authorized to maintain and periodically re-
vise, through a process of notice and comment, for 
purposes of paragraphs (1) and (3) of this sub-
section. 
‘‘(5) REGULATIONS.—Not later than the 90th 
day after the date of the enactment of this section, 
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102 
the Secretary shall promulgate regulations estab-
lishing procedures that implement this subsection. 
‘‘(c) NOTIFICATION OF PARTIES RESPONSIBLE FOR 
INITIATION OF SECTION 337 INVESTIGATIONS.—The Sec-
retary is authorized to notify the party or parties respon-
sible for initiating an investigation under section 337 of 
this Act when merchandise is excluded under subsection 
(d) of that section, or merchandise is seized under sub-
section (i) of that section, pursuant to that investigation. 
‘‘(d) DEFINITIONS.—In this section: 
‘‘(1) The term ‘counterfeit mark’ has the mean-
ing given that term in section 2320(e) of title 18, 
United States Code. 
‘‘(2) The term ‘Lanham Act’ means the Act en-
titled ‘An Act to provide for the registration and 
protection of trademarks used in commerce, to carry 
out the provisions of certain international conven-
tions, and for other purposes’, approved July 5, 
1946 (15 U.S.C. 1051 et seq.). 
‘‘(3) The term ‘mark’ has the meaning given 
that term in section 45 of the Lanham Act (15 
U.S.C. 1127). 
‘‘(4) The term ‘registered mark’ has the mean-
ing given that term in section 45 of the Lanham Act 
(15 U.S.C. 1127). 
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103 
‘‘(5) The term ‘Secretary’ means the Secretary 
of Homeland Security, acting through the Commis-
sioner of U.S. Customs and Border Protection. 
‘‘(6) The term ‘work’ means a work within the 
meaning of title 17, United States Code. 
‘‘(7) The term ‘without redaction’ means with-
out modification, deletion or omission.’’. 
TITLE III—PREVENTION OF EVA-
SION OF ANTIDUMPING AND 
COUNTERVAILING DUTY OR-
DERS 
SEC. 301. SHORT TITLE. 
This title may be cited as the ‘‘Preventing Recurring 
Trade Evasion and Circumvention Act’’ or ‘‘PROTECT 
Act’’. 
SEC. 302. DEFINITIONS. 
In this title: 
(1) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional com-
mittees’’ means— 
(A) the Committee on Finance and the 
Committee on Appropriations of the Senate; 
and 
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104 
(B) the Committee on Ways and Means 
and the Committee on Appropriations of the 
House of Representatives. 
(2) 
COMMISSIONER.—The 
term 
‘‘Commis-
sioner’’ means the Commissioner of U.S. Customs 
and Border Protection. 
(3) COVERED MERCHANDISE.—The term ‘‘cov-
ered merchandise’’ means merchandise that is sub-
ject to— 
(A) a countervailing duty order issued 
under section 706 of the Tariff Act of 1930; or 
(B) an antidumping duty order issued 
under section 736 of the Tariff Act of 1930. 
(4) ELIGIBLE SMALL BUSINESS.— 
(A) IN
GENERAL.—The term ‘‘eligible 
small business’’ means any business concern 
which, in the Commissioner’s judgment, due to 
its small size, has neither adequate internal re-
sources nor financial ability to obtain qualified 
outside assistance in preparing and submitting 
for consideration allegations of evasion. 
(B) 
NON-REVIEWABILITY.—Any 
agency 
decision regarding whether a business concern 
is an eligible small business for purposes of sec-
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105 
tion 311(b)(3) is not reviewable by any other 
agency or by any court. 
(5) ENTER; ENTRY.—The terms ‘‘enter’’ and 
‘‘entry’’ refer to the entry, or withdrawal from ware-
house for consumption, in the customs territory of 
the United States. 
(6) EVADE; EVASION.—The terms ‘‘evade’’ and 
‘‘evasion’’ refer to entering covered merchandise into 
the customs territory of the United States by means 
of any document or electronically transmitted data 
or information, written or oral statement, or act that 
is material and false, or any omission that is mate-
rial, and that results in any cash deposit or other se-
curity or any amount of applicable antidumping or 
countervailing duties being reduced or not being ap-
plied with respect to the merchandise. 
(7) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Treasury. 
(8) TRADE REMEDY LAWS.—The term ‘‘trade 
remedy laws’’ means title VII of the Tariff Act of 
1930. 
SEC. 303. APPLICATION TO CANADA AND MEXICO. 
Pursuant to article 1902 of the North American Free 
Trade Agreement and section 408 of the North American 
Free Trade Agreement Implementation Act (19 U.S.C. 
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106 
3438), this title and the amendments made by this title 
shall apply with respect to goods from Canada and Mexico. 
Subtitle A—Actions Relating to En-
forcement 
of 
Trade 
Remedy 
Laws 
SEC. 311. TRADE REMEDY LAW ENFORCEMENT DIVISION. 
(a) ESTABLISHMENT.— 
(1) IN GENERAL.—The Secretary of Homeland 
Security shall establish and maintain within the Of-
fice of International Trade of U.S. Customs and 
Border Protection, established under section 2(d) of 
the Act of March 3, 1927 (44 Stat. 1381, chapter 
348; 19 U.S.C. 2072(d)), a Trade Remedy Law En-
forcement Division. 
(2) COMPOSITION.—The Trade Law Remedy 
Enforcement Division shall be composed of— 
(A) headquarters personnel led by a Direc-
tor, who shall report to the Assistant Commis-
sioner of the Office of International Trade; and 
(B) a National Targeting and Analysis 
Group dedicated to preventing and countering 
evasion. 
(3) DUTIES.—The Trade Remedy Law Enforce-
ment Division shall be dedicated— 
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107 
(A) to the development and administration 
of policies to prevent and counter evasion; 
(B) to direct enforcement and compliance 
assessment activities concerning evasion; 
(C) to the development and conduct of 
commercial risk assessment targeting with re-
spect to cargo destined for the United States in 
accordance with subsection (c); 
(D) to issuing Trade Alerts described in 
subsection (d); and 
(E) to the development of policies for the 
application of single entry and continuous 
bonds for entries of covered merchandise to suf-
ficiently protect the collection of antidumping 
and countervailing duties commensurate with 
the level of risk of noncollection. 
(b) DUTIES OF DIRECTOR.—The duties of the Direc-
tor of the Trade Remedy Law Enforcement Division shall 
include— 
(1) directing the trade enforcement and compli-
ance assessment activities of the U.S. Customs and 
Border Protection Agency that concern evasion; 
(2) facilitating, promoting, and coordinating co-
operation and the exchange of information between 
the U.S. Customs and Border Protection Agency, 
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108 
U.S. Immigration and Customs Enforcement, and 
other relevant agencies regarding evasion; 
(3) notifying on a timely basis the admin-
istering authority (as defined in section 771(1) of 
the Tariff Act of 1930 (19 U.S.C. 1677(1))) and the 
Commission (as defined in section 771(2) of the 
Tariff Act of 1930 (19 U.S.C. 1677(2))) of any 
finding, determination, civil action, or criminal ac-
tion taken by the U.S. Customs and Border Protec-
tion Agency or other Federal agency regarding eva-
sion; 
(4) serving as the primary liaison between the 
U.S. Customs and Border Protection Agency and 
the public regarding United States Government ac-
tivities concerning evasion, including— 
(A) receive and transmit to the appropriate 
U.S. Customs and Border Protection Agency 
office allegations from parties of evasion; 
(B) upon request by the party or parties 
that submitted an allegation of evasion, provide 
information to such party or parties on the sta-
tus of the U.S. Customs and Border Protection 
Agency’s consideration of the allegation and de-
cision to pursue or not pursue any investiga-
tions or other actions, such as changes in poli-
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109 
cies, procedures, or resource allocation as a re-
sult of the allegation; 
(C) as needed, request from the party or 
parties that submitted an allegation of evasion 
any additional information that may be relevant 
for the U.S. Customs and Border Protection 
Agency determining whether to initiate an in-
vestigation or take any other action regarding 
the allegation; 
(D) notify on a timely basis the party or 
parties that submitted such an allegation of the 
results of any civil or criminal actions taken by 
the U.S. Customs and Border Protection Agen-
cy or other Federal agency regarding evasion as 
a direct or indirect result of the allegation; 
(E) upon request, provide technical assist-
ance and advice to eligible small businesses to 
enable such businesses to prepare and submit 
allegations of evasion, except that the Director 
may deny assistance if the Director concludes 
that the allegation, if submitted, would not lead 
to the initiation of an investigation or any other 
action to address the allegation; 
(F) in cooperation with the public, the 
Commercial Customs Operations Advisory Com-
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110 
mittee, the Trade Support Network, and any 
other relevant parties and organizations, de-
velop guidelines on the types and nature of in-
formation that may be provided in allegations 
of evasion; and 
(G) regularly consult with the public, the 
Commercial Customs Operations Advisory Com-
mittee, the Trade Support Network, and any 
other relevant parties and organizations regard-
ing the development and implementation of reg-
ulations, interpretations, and policies related to 
countering evasion. 
(c) PREVENTING AND COUNTERING EVASION OF THE 
TRADE REMEDY LAWS.—In carrying out its duties with 
respect to preventing and countering evasion, the National 
Targeting and Analysis Group dedicated to preventing and 
countering evasion shall— 
(1) establish targeted risk assessment meth-
odologies and standards— 
(A) for evaluating the risk that cargo des-
tined for the United States may constitute 
evading covered merchandise; and 
(B) for issuing, as appropriate, Trade 
Alerts described in subsection (d); and 
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(2) to the extent practicable and otherwise au-
thorized by law, use information available from the 
Automated Commercial System, the Automated 
Commercial Environment computer system, the 
Automated Targeting System, the Automated Ex-
port 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). 
(d) TRADE ALERTS.—Based upon the application of 
the targeted risk assessment methodologies and standards 
established under subsection (c), the Director of the Trade 
Remedy Law Enforcement Division shall issue Trade 
Alerts or other such means of notification to directors of 
United States ports of entry directing further inspection, 
or physical examination or testing, of specific merchandise 
to ensure compliance with the trade remedy laws. 
SEC. 312. COLLECTION OF INFORMATION ON EVASION OF 
TRADE REMEDY LAWS. 
(a) AUTHORITY TO COLLECT INFORMATION.—To de-
termine whether covered merchandise is being entered into 
the customs territory of the United States through eva-
sion, the Secretary, acting through the Commissioner— 
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112 
(1) shall exercise all existing authorities to col-
lect information needed to make the determination; 
and 
(2) may collect such additional information as 
is necessary to make the determination through such 
methods as the Commissioner considers appropriate, 
including by issuing questionnaires with respect to 
the entry or entries at issue to— 
(A) a person who filed an allegation with 
respect to the covered merchandise; 
(B) a person who is alleged to have en-
tered the covered merchandise into the customs 
territory of the United States through evasion; 
or 
(C) any other person who is determined to 
have information relevant to the allegation of 
entry of covered merchandise into the customs 
territory of the United States through evasion. 
(b) ADVERSE INFERENCE.— 
(1) IN GENERAL.—If the Secretary finds that a 
person who filed an allegation, a person alleged to 
have entered covered merchandise into the customs 
territory of the United States through evasion, or a 
foreign producer or exporter of covered merchandise 
that is alleged to have entered into the customs ter-
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113 
ritory of the United States through evasion, has 
failed to cooperate by not acting to the best of the 
person’s ability to comply with a request for infor-
mation, the Secretary may, in making a determina-
tion whether an entry or entries of covered merchan-
dise may constitute merchandise that is entered into 
the customs territory of the United States through 
evasion, use an inference that is adverse to the inter-
ests of that person in selecting from among the facts 
otherwise available to determine whether evasion has 
occurred. 
(2) ADVERSE INFERENCE DESCRIBED.—An ad-
verse inference used under paragraph (1) may in-
clude reliance on information derived from— 
(A) the allegation of evasion of the trade 
remedy laws, if any, submitted to the U.S. Cus-
toms and Border Protection Agency; 
(B) a determination by the Commissioner 
in another investigation, proceeding, or other 
action regarding evasion of the unfair trade 
laws; or 
(C) any other available information. 
SEC. 313. ACCESS TO INFORMATION. 
(a) IN GENERAL.—Section 777(b)(1)(A)(ii) of the 
Trade Act of 1930 (19 U.S.C. 1677f(b)(1)(A)(ii)) is 
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114 
amended by inserting ‘‘negligence, gross negligence, or’’ 
after ‘‘regarding’’. 
(b) ADDITIONAL
INFORMATION.—Notwithstanding 
any other provision of law, the Secretary is authorized to 
provide to the Secretary of Commerce or the U.S. Inter-
national Trade Commission any information that is nec-
essary to enable the Secretary of Commerce or the U.S. 
International Trade Commission to assist the Secretary 
to identify, through risk assessment targeting or other-
wise, covered merchandise that is entered into the customs 
territory of the United States through evasion. 
SEC. 314. COOPERATION WITH FOREIGN COUNTRIES ON 
PREVENTING EVASION OF TRADE REMEDY 
LAWS. 
(a) BILATERAL AGREEMENTS.— 
(1) IN GENERAL.—The Secretary shall seek to 
negotiate and enter into bilateral agreements with 
the customs authorities or other appropriate authori-
ties of foreign countries for purposes of cooperation 
on preventing evasion of the trade remedy laws of 
the United States and the trade remedy laws of the 
other country. 
(2) PROVISIONS AND AUTHORITIES.—The Sec-
retary shall seek to include in each such bilateral 
agreement the following provisions and authorities: 
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115 
(A) On the request of the importing party, 
the exporting party shall provide, consistent 
with its laws, regulations, and procedures, pro-
duction, trade, and transit documents and other 
information necessary to determine whether an 
entry or entries exported from the exporting 
party are subject to the importing party’s trade 
remedy laws. 
(B) On the written request of the import-
ing party, the exporting party shall conduct a 
verification for purposes of enabling the import-
ing party to make a determination described in 
subparagraph (A). 
(C) The exporting party may allow the im-
porting party to participate in a verification de-
scribed in subparagraph (B), including through 
a site visit. 
(D) If the exporting party does not allow 
participation of the importing party in a 
verification described in subparagraph (B), the 
importing party may take this fact into consid-
eration in its trade enforcement and compliance 
assessment activities regarding the compliance 
of the exporting countries’ exports with the im-
porting countries’ trade remedy laws. 
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116 
(b) CONSIDERATION.—The Commissioner is author-
ized to take into consideration whether a country is a sig-
natory to a bilateral agreement described in subsection (a) 
and the extent to which the country is cooperating under 
the bilateral agreement for purposes of trade enforcement 
and compliance assessment activities of U.S. Customs and 
Border Protection that concern evasion by such country’s 
exports. 
(c) REPORT.—Not later than December 31 of each 
year beginning after the date of the enactment of this Act, 
the Secretary shall submit to the appropriate congres-
sional committees a report summarizing— 
(1) the status of any ongoing negotiations of bi-
lateral agreements described in subsection (a), in-
cluding the identities of the countries involved in 
such negotiations; 
(2) the terms of any completed bilateral agree-
ments described in subsection (a); and 
(3) bilateral cooperation and other activities 
conducted pursuant to or enabled by any completed 
bilateral agreements described in subsection (a). 
SEC. 315. TRADE NEGOTIATING OBJECTIVES. 
The principal negotiating objectives of the United 
States shall include obtaining the objectives of the bilat-
eral agreements described under section 314(a) for any 
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117 
trade agreements under negotiation as of the date of the 
enactment of this Act or future trade agreement negotia-
tions. 
Subtitle B—Other Matters 
SEC. 321. ALLOCATION AND TRAINING OF PERSONNEL. 
The Commissioner shall, to the maximum extent pos-
sible, ensure that the U.S. Customs and Border Protection 
Agency— 
(1) employs sufficient personnel who have ex-
pertise in, and responsibility for, preventing and in-
vestigating the entry of covered merchandise into the 
customs territory of the United States through eva-
sion; 
(2) on the basis of risk assessment metrics, as-
signs sufficient personnel with primary responsibility 
for preventing the entry of covered merchandise into 
the customs territory of the United States through 
evasion to the ports of entry in the United States at 
which the Commissioner determines potential eva-
sion presents the most substantial threats to the rev-
enue of the United States; and 
(3) provides adequate training to relevant per-
sonnel to increase expertise and effectiveness in the 
prevention and investigation of entries of covered 
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118 
merchandise into the customs territory of the United 
States through evasion. 
SEC. 322. ANNUAL REPORT ON PREVENTION OF EVASION 
OF 
ANTIDUMPING 
AND 
COUNTERVAILING 
DUTY ORDERS. 
(a) IN GENERAL.—Not later than February 28 of 
each year, beginning in 2013, the Commissioner, in con-
sultation with the Secretary of Commerce and the Assist-
ant Secretary for U.S. Immigration and Customs Enforce-
ment, shall submit to the appropriate congressional com-
mittees a report on the efforts being taken to prevent and 
investigate evasion. 
(b) CONTENTS.—Each report required under sub-
section (a) shall include— 
(1) for the calendar year preceding the submis-
sion of the report— 
(A) a summary of the efforts of the U.S. 
Customs and Border Protection Agency to pre-
vent and investigate evasion; 
(B) the number of allegations of evasion 
received and the number of allegations of eva-
sion resulting in investigations by the U.S. Cus-
toms and Border Protection Agency or any 
other agency; 
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119 
(C) a summary of the completed investiga-
tions of evasion, including the number and na-
ture of the investigations initiated, conducted, 
or completed, as well as their resolution; 
(D) with respect to investigations that lead 
to the issuance of a penalty notice, the penalty 
amounts; 
(E) the amounts of antidumping and coun-
tervailing duties collected as a result of any in-
vestigations or other actions by the U.S. Cus-
toms and Border Protection Agency or any 
other agency; 
(F) a description of the allocation of per-
sonnel and other resources of the U.S. Customs 
and Border Protection Agency and U.S. Immi-
gration and Customs Enforcement to prevent 
and investigate evasion, including any assess-
ments conducted regarding the allocation of 
such personnel and resources; and 
(G) a description of training conducted to 
increase expertise and effectiveness in the pre-
vention and investigation of evasion; and 
(2) a description of the U.S. Customs and Bor-
der Protection Agency processes and procedures to 
prevent and investigate evasion, including— 
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120 
(A) the specific guidelines, policies, and 
practices used by the U.S. Customs and Border 
Protection Agency to ensure that allegations of 
evasion are promptly evaluated and acted upon 
in a timely manner; 
(B) an evaluation of the efficacy of such 
existing guidelines, policies, and practices; 
(C) identification of any changes since the 
last report that have materially improved or re-
duced the effectiveness of the U.S. Customs 
and Border Protection Agency to prevent and 
investigate evasion; 
(D) a description of the development and 
implementation of policies for the application of 
single entry and continuous bonds for entries of 
covered merchandise to sufficiently protect the 
collection of antidumping and countervailing 
duties commensurate with the level of risk on 
noncollection; 
(E) the processes and procedures for in-
creased cooperation and information sharing 
with the Department of Commerce, U.S. Immi-
gration and Customs Enforcement, and any 
other relevant Federal agencies to prevent and 
investigate evasion; and 
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121 
(F) identification of any recommended pol-
icy changes of other Federal agencies or legisla-
tive changes to improve the effectiveness of the 
U.S. Customs and Border Protection Agency to 
prevent and investigate evasion. 
SEC. 323. ADDRESSING CIRCUMVENTION BY NEW SHIP-
PERS. 
Section 751(a)(2)(B) of the Tariff Act of 1930 (19 
U.S.C. 1675(a)(2)(B)) is amended— 
(1) by striking clause (iii); 
(2) by redesignating clause (iv) as clause (iii); 
and 
(3) inserting after clause (iii), as redesignated 
by paragraph (2) of this section, the following: 
‘‘(iv) Any weighted average dumping 
margin or individual countervailing duty 
rate determined for an exporter or pro-
ducer in a review conducted under clause 
(i) shall be based solely on the bona fide 
United States sales of an exporter or pro-
ducer, as the case may be, made during 
the period covered by the review. In deter-
mining whether the United States sales of 
an exporter or producer made during the 
period covered by the review were bona 
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122 
fide, the administering authority shall con-
sider, depending on the circumstances sur-
rounding such sales— 
‘‘(I) the prices of such sales; 
‘‘(II) whether such sales were 
made in commercial quantities; 
‘‘(III) the timing of such sales; 
‘‘(IV) the expenses arising from 
such sales; 
‘‘(V) whether the subject mer-
chandise involved in such sales were 
resold in the United States at a prof-
it; 
‘‘(VI) whether such sales were 
made on an arms-length basis; and 
‘‘(VII) any other factor the ad-
ministering authority determines to be 
relevant as to whether such sales are, 
or are not, likely to be typical of those 
the exporter or producer will make 
after completion of the review.’’. 
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123 
TITLE IV—MISCELLANEOUS 
PROVISIONS 
SEC. 401. PENALTIES FOR CUSTOMS BROKERS. 
(a) IN GENERAL.—Section 641(d)(1) of the Tariff 
Act of 1930 (19 U.S.C. 1641(d)(1)) is amended— 
(1) in subparagraph (E), by striking ‘‘; or’’ and 
inserting a semicolon; 
(2) in subparagraph (F), by striking the period 
and inserting ‘‘; or’’; and 
(3) by adding at the end the following: 
‘‘(G) has been convicted of committing or 
conspiring to commit an act of terrorism de-
scribed in section 2332b of title 18, United 
States Code.’’. 
(b) TECHNICAL AMENDMENTS.—Section 641 of the 
Tariff Act of 1930 (19 U.S.C. 1641) is amended— 
(1) in subsection (g)(2)(B), by striking ‘‘Sec-
retary’s notice’’ and inserting ‘‘notice under sub-
paragraph (A)’’; and 
(2) by striking ‘‘Customs Service’’ each place it 
appears and inserting ‘‘U.S. Customs and Border 
Protection Agency’’. 
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124 
SEC. 402. DE MINIMIS VALUE AND ENTRY UNDER REGULA-
TIONS. 
(a) DE MINIMIS VALUE.—Section 321(a)(2)(C) of 
the Tariff Act of 1930 (19 U.S.C. 1321(a)(2)(C)) is 
amended by striking ‘‘$200’’ and inserting ‘‘$800’’. 
(b) ENTRY UNDER REGULATIONS.—Section 498 of 
the Tariff Act of 1930 (19 U.S.C. 1498) is amended— 
(1) in subsection (a), by striking paragraph (1) 
and inserting the following: 
‘‘(1) Merchandise, when different commercial 
facilitation and risk considerations that may vary for 
different classes or kinds of merchandise or different 
classes of transactions may dictate;’’; 
(2) by redesignating subsection (b) as sub-
section (c); and 
(3) by inserting after subsection (a) the fol-
lowing: 
‘‘(b) ENTRY OF MERCHANDISE VALUED AT $2,500 
OR LESS.—The Secretary of the Treasury shall prescribe 
rules and regulations for the declaration and entry of mer-
chandise if the aggregate value of the shipment of mer-
chandise does not exceed $2,500.’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section apply to articles entered, or withdrawn from 
warehouse for consumption, on or after the 90th day after 
the date of the enactment of this Act. 
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125 
SEC. 403. COLLECTION AND REMITTANCE OF CERTAIN CUS-
TOMS USER FEES. 
(a) IN GENERAL.—Section 13031(d) of the Consoli-
dated Omnibus Budget Reconciliation Act of 1985 (19 
U.S.C. 58c(d)) is amended— 
(1) in the subsection heading, by inserting 
‘‘AND REMITTANCE’’ after ‘‘COLLECTION’’; 
(2) in paragraph (3)— 
(A) by inserting ‘‘required to be collected 
under such paragraph’’ after ‘‘shall remit those 
fees’’; and 
(B) by striking ‘‘31 days after the close of 
the calendar quarter in which the fees are col-
lected’’ and inserting ‘‘30 days after the end of 
the month in which the fees are required to be 
collected’’; and 
(3) by adding at the end the following: 
‘‘(5) The refund of any fee collected under sub-
section (a)(5) shall not be payable from the Customs 
User Fee Account. 
‘‘(6)(A) A person who collects fees under para-
graph (1) or (2) and does not remit those fees to the 
Secretary of the Treasury as required by paragraph 
(3) shall be subject to a penalty in accordance with 
the requirements of this paragraph. 
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126 
‘‘(B) The amount of such penalty shall be equal 
to 2 times the amount of the fee that was required 
to be remitted to the Secretary of the Treasury. The 
Secretary of the Treasury may establish and impose 
additional penalties through rulemaking for failure 
to comply with any provision of this subsection. 
‘‘(C) Any penalty collected under this para-
graph shall be used to directly reimburse each ap-
propriation for the amount paid out of that appro-
priation for the costs described in subsection 
(f)(3)(A).’’. 
(b) EFFECTIVE DATE.—The amendments made by 
subsection (a) take effect on the date of enactment of this 
Act and apply with respect to fees that are required to 
be collected and remitted to the Secretary of the Treasury 
under section 13031(d) of the Consolidated Omnibus 
Budget Reconciliation Act of 1985, as amended by sub-
section (a), on or after such date of enactment. 
SEC. 404. DRAWBACK AND REFUNDS. 
(a) ARTICLES MADE FROM IMPORTED MERCHAN-
DISE.—Section 313(a) of the Tariff Act of 1930 (19 
U.S.C. 1313(a)) is amended— 
(1) by striking ‘‘under customs supervision’’; 
and 
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127 
(2) by inserting ‘‘as calculated under subsection 
(r)(4)(A),’’ after ‘‘less 1 per centum of such du-
ties,’’. 
(b) SUBSTITUTION
FOR DRAWBACK PURPOSES.— 
Section 313(b) of the Tariff Act of 1930 (19 U.S.C. 
1313(b)) is amended— 
(1) by striking ‘‘If imported’’ and inserting the 
following: 
‘‘(1) IN GENERAL.—If imported’’; 
(2) by striking ‘‘and any other merchandise 
(whether imported or domestic) of the same kind 
and quality’’ and inserting ‘‘and substitute merchan-
dise’’; 
(3) by striking ‘‘three years’’ and inserting ‘‘5 
years’’; 
(4) by striking ‘‘the receipt of such imported 
merchandise by the manufacturer or producer of 
such articles’’ and inserting ‘‘the date of importation 
of such imported merchandise by the importer’’; 
(5) by striking ‘‘under customs supervision’’ 
each place it appears; 
(6) by inserting after ‘‘merchandise used there-
in been imported,’’ the following: ‘‘as calculated 
under subsection (r)(4)(A),’’; 
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128 
(7) by striking the period at the end and insert-
ing ‘‘, as calculated under subsection (r)(4)(A).’’; 
and 
(8) by adding at the end the following: 
‘‘(2) REQUIREMENTS RELATING TO TRANSFER 
OF MERCHANDISE.— 
‘‘(A) 
MANUFACTURERS
AND
PRO-
DUCERS.—Drawback may be allowed under 
paragraph (1) in the amount referred to under 
paragraph (1) only if the manufacturer or pro-
ducer of articles has received the imported, 
duty-paid merchandise or substitute merchan-
dise, directly or indirectly, of imported duty- 
paid merchandise or substitute merchandise. 
‘‘(B) EXPORTERS
AND
DESTROYERS.— 
Drawback may be allowed under paragraph (1) 
in the amount referred to under paragraph (1) 
only if the exporter or destroyer of articles has 
received the manufactured or produced article 
or substitute article, directly or indirectly, of a 
substitute article. 
‘‘(C) EVIDENCE OF TRANSFER.—Transfers 
of merchandise under subparagraph (A) and 
transfers of articles under subparagraph (B) 
may be evidenced by business records kept in 
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129 
the normal course of business and no additional 
certificates of transfer or manufacture shall be 
required.’’. 
(c) MERCHANDISE NOT CONFORMING TO SAMPLE OR 
SPECIFICATIONS.—Section 313(c) of the Tariff Act of 
1930 (19 U.S.C. 1313(c)) is amended— 
(1) in paragraph (1)— 
(A) in the matter preceding subparagraph 
(A), by striking ‘‘under the supervision of the 
Customs Service’’; 
(B) in subparagraph (D)— 
(i) by striking ‘‘3’’ and inserting ‘‘5’’; 
and 
(ii) by striking ‘‘under the supervision 
of the Customs Service’’; and 
(C) in the text immediately following sub-
paragraph (D), by inserting ‘‘as calculated 
under subsection (r)(4)(A),’’ after ‘‘merchan-
dise,’’; and 
(2) in paragraph (2)— 
(A) by striking ‘‘under the supervision of 
the Customs Service’’; 
(B) by striking the last sentence and in-
serting the following: ‘‘Transfers of merchan-
dise may be evidenced by business records kept 
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130 
in the normal course of business and no addi-
tional certificates of transfer shall be re-
quired.’’. 
(d) PROOF OF EXPORTATION.—Section 313(i) of the 
Tariff Act of 1930 (19 U.S.C. 1313(i)) is amended to read 
as follows: 
‘‘(i) PROOF OF EXPORTATION.—A person claiming 
drawback under this section shall, as proof of exportation, 
maintain the record of exportation entered in the auto-
mated export system of the United States Government or, 
if the exporter is unable to use that system, records kept 
in the normal course of business similar to the information 
contained in such record of exportation.’’. 
(e) UNUSED MERCHANDISE DRAWBACK.—Section 
313(j) of the Tariff Act of 1930 (19 U.S.C. 1313(j)) is 
amended— 
(1) in paragraph (1)(A)— 
(A) by striking ‘‘3-year’’ and inserting ‘‘5- 
year’’; and 
(B) by inserting ‘‘and before filing the 
drawback claim’’ after ‘‘the date of importa-
tion’’; and 
(2) in paragraph (2)— 
(A) in subparagraph (B)— 
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131 
(i) by striking ‘‘3-year’’ and inserting 
‘‘5-year’’; 
(ii) by inserting ‘‘and before filing the 
drawback claim’’ after ‘‘the imported mer-
chandise’’; and 
(iii) by striking ‘‘under customs su-
pervision’’; 
(B) in subparagraph (C)(ii)(II)— 
(i) by inserting ‘‘, directly or indi-
rectly,’’ after ‘‘received’’; and 
(ii) by inserting ‘‘, tax, or fee’’ after 
‘‘duty’’; and 
(C) in the text immediately following sub-
paragraph (C)— 
(i) by inserting ‘‘, as calculated under 
subsection (r)(4),’’ after ‘‘under this sub-
section’’; and 
(ii) by adding at the end the fol-
lowing: ‘‘Merchandise shall be considered 
to be received directly or indirectly from a 
person who imported and paid any duty, 
tax, or fee due on the imported merchan-
dise if the recipient received any imported 
merchandise, 
any 
other 
merchandise 
(whether imported or domestic), or any 
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132 
combination of imported merchandise and 
such other merchandise, from the importer 
through a transfer directly to the recipient, 
or a transfer from the importer through 
one or more intermediate transfers involv-
ing one or more parties of any combination 
of imported merchandise or such other 
merchandise. Transfers of merchandise 
may be evidenced by business records kept 
in the normal course of business and no 
additional certificates of transfer shall be 
required.’’. 
(f) CERTIFICATE OF DELIVERY.—Section 313 of the 
Tariff Act of 1930 (19 U.S.C. 1313) is amended by strik-
ing subsection (k). 
(g) REGULATIONS.—Section 313(l) of the Tariff Act 
of 1930 (19 U.S.C. 1313(l)) is amended by striking ‘‘and 
the designation of the person to whom any refund or pay-
ment of drawback shall be made’’ and inserting ‘‘and the 
authority to require that all drawback entries be filed elec-
tronically’’. 
(h) SUBSTITUTION OF FINISHED PETROLEUM DE-
RIVATIVES.—Section 313(p) of the Tariff Act of 1930 (19 
U.S.C. 1313(p)) is amended— 
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133 
(1) by striking ‘‘Harmonized Tariff Schedule of 
the United States’’ each place it appears and insert-
ing ‘‘HTS’’; and 
(2) the text immediately following paragraph 
(3)(A)(ii), by striking ‘‘Commissioner of Customs’’ 
and inserting ‘‘Commissioner of U.S. Customs and 
Border Protection’’. 
(i) PACKAGING MATERIAL.—Section 313(q)(3) of the 
Tariff Act of 1930 (19 U.S.C. 1313(q)(3)) is amended by 
striking ‘‘they contain’’ and inserting ‘‘it contains’’. 
(j) FILING
AND
CALCULATION
OF
DRAWBACK 
CLAIMS.—Section 313(r) of the Tariff Act of 1930 (19 
U.S.C. 1313(r)) is amended— 
(1) in the heading, by inserting ‘‘AND CAL-
CULATION OF’’ after ‘‘FILING’’; 
(2) in paragraph (1)— 
(A) by striking the first sentence and in-
serting the following: ‘‘A drawback entry shall 
be filed or applied for, as applicable, not later 
than 5 years after the date on which merchan-
dise on which drawback is claimed was im-
ported. If merchandise summarized on an entry 
summary line item with respect to which draw-
back is claimed was imported on more than one 
date, the earliest date of importation of the 
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134 
merchandise contained on that entry summary 
line item shall be used for purposes of this 
paragraph.’’; 
(B) in the second sentence, by striking ‘‘3- 
year’’ and inserting ‘‘5-year’’; and 
(C) in the third sentence, by striking ‘‘the 
Customs Service’’ and inserting ‘‘U.S. Customs 
and Border Protection’’; 
(3) in paragraph (3)(A)— 
(A) in the matter preceding clause (i), by 
striking ‘‘The Customs Service’’ and inserting 
‘‘U.S. Customs and Border Protection’’; and 
(B) in clauses (i) and (ii), by striking ‘‘the 
Customs Service’’ each place it appears and in-
serting ‘‘U.S. Customs and Border Protection’’; 
and 
(4) by adding at the end the following: 
‘‘(4) The amount used for purposes of determining 
a drawback entry for refund filed under subsection (a), 
(b), or (c) shall equal the amount determined by multi-
plying— 
‘‘(A) the amount determined by dividing— 
‘‘(i) the total amount of duties, taxes, and 
fees on the entry summary line item under 
which imported merchandise is reported; by 
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135 
‘‘(ii) the number of units of imported mer-
chandise; and 
‘‘(B) the number of units of imported merchan-
dise claimed for drawback.’’. 
(k) DRAWBACKS
FOR RECOVERED MATERIALS.— 
Section 313(x) of the Tariff Act of 1930 (19 U.S.C. 
1313(x)) is amended by striking ‘‘and (c)’’ and inserting 
‘‘(c), and (j)’’. 
(l) DEFINITIONS.—Section 313 of the Tariff Act of 
1930 (19 U.S.C. 1313) is amended by adding at the end 
the following: 
‘‘(z) DEFINITIONS.—In this section: 
‘‘(1) DIRECTLY.—The term ‘directly’ means a 
transfer of merchandise or an article from 1 person 
to another person without any intermediate transfer. 
‘‘(2) HTS.—The term ‘HTS’ means the Har-
monized Tariff Schedule of the United States. 
‘‘(3) INDIRECTLY.—The term ‘indirectly’ means 
a transfer of merchandise or an article from 1 per-
son to another person with 1 or more intermediate 
transfers. 
‘‘(4) SCHEDULE
B.—The term ‘Schedule B’ 
means the Department of Commerce Schedule B, 
Statistical Classification of Domestic and Foreign 
Commodities Exported from the United States. 
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136 
‘‘(5) SUBSTITUTE MERCHANDISE; SUBSTITUTE 
ARTICLE.—The terms ‘substitute merchandise’ and 
‘substitute article’ mean— 
‘‘(A) a good that is classifiable within the 
same 8-digit HTS subheading number as an-
other good (the Schedule B number may be 
used to demonstrate this fact) whether im-
ported or domestic; or 
‘‘(B) a good demonstrated to have been 
classifiable within the same 8-digit HTS sub-
heading number as another good at some point 
during the 5-year period beginning on the date 
of importation of the designated imported mer-
chandise (the Schedule B number may be used 
to demonstrate this fact) whether imported or 
domestic.’’. 
(m) EFFECTIVE DATE.— 
(1) IN GENERAL.—The amendments made by 
this section shall— 
(A) take effect on the date of the enact-
ment of this Act; and 
(B) except as provided in paragraph (2), 
apply to drawback claims filed with respect to 
merchandise that enters the United States on 
or after such date of enactment. 
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137 
(2) TRANSITION RULE.—During the 2-year pe-
riod beginning on the date described in paragraph 
(1)(A), a person may elect to file a claim for draw-
back under— 
(A) section 313 of the Tariff Act of 1930, 
as amended by this section; or 
(B) section 313 of the Tariff Act of 1930, 
as in effect on the day before the date described 
in paragraph (1)(A). 
(n) GOVERNMENT ACCOUNTABILITY OFFICE RE-
PORT.—Not later than one year after the date of enact-
ment of this Act, the Comptroller General of the United 
States shall submit to the Committee on Ways and Means 
of the House of Representatives and the Committee on 
Finance of the Senate a report that contains— 
(1) a description of the implementation of sec-
tion 313 of the Tariff Act of 1930 (19 U.S.C. 
1313), as amended by this section; 
(2) an evaluation of the modernization of draw-
back and refunds under subsection (b) of section 
313 of such Act (relating to substitution for draw-
back purposes), as amended by this section; 
(3) an evaluation of extending the moderniza-
tion of drawback and refunds to subjection (j) of 
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138 
section 313 of such Act (relating to unused mer-
chandise drawback), as amended by this section; and 
(4) recommendations for the processing of 
drawback claims under the Automated Commercial 
Environment computer system authorized under sec-
tion 13031(f)(5) of the Consolidated Omnibus Budg-
et and Reconciliation Act of 1985 (19 U.S.C. 
58c(f)(5)). 
SEC. 405. AMENDMENTS TO CHAPTER 98 OF THE HAR-
MONIZED TARIFF SCHEDULE OF THE UNITED 
STATES. 
(a) ARTICLES EXPORTED
AND RETURNED, AD-
VANCED OR IMPROVED ABROAD.— 
(1) IN GENERAL.—U.S. Note 3 to subchapter 
II of chapter 98 of the Harmonized Tariff Schedule 
of the United States is amended by adding at the 
end the following: 
‘‘(f)(i) For purposes of subheadings 9802.00.40 
and 9802.00.50, fungible goods exported from the 
United States for the purposes described in such 
subheadings— 
‘‘(A) may be commingled; and 
‘‘(B) the origin, value, and classification of 
such goods may be accounted for using an in-
ventory management method. 
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139 
‘‘(ii) If a person chooses to use an inventory 
management method under this paragraph with re-
spect to fungible goods, the person shall use the 
same inventory management method for any other 
goods with respect to which the person claims 
fungibility under this paragraph. 
‘‘(iii) For the purposes of this paragraph— 
‘‘(A) the term ‘fungible good’ means any 
good that is commercially interchangeable with 
another good and that has properties that are 
essentially identical to the properties of another 
good; and 
‘‘(B) the term ‘inventory management 
method’ means any method for managing inven-
tory that is based on generally accepted ac-
counting principles.’’. 
(2) EFFECTIVE DATE.—The amendment made 
by this subsection applies to articles classifiable 
under subheading 9802.00.40 or 9802.00.50 of the 
Harmonized Tariff Schedule of the United States 
that are entered, or withdrawn from warehouse for 
consumption, on or after the date that is 60 days 
after the date of the enactment of this Act. 
(b) MODIFICATION
OF PROVISIONS RELATING
TO 
RETURNED PROPERTY.— 
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140 
(1) IN GENERAL.—The article description for 
heading 9801.00.10 of the Harmonized Tariff 
Schedule of the United States is amended by insert-
ing after ‘‘exported’’ the following: ‘‘, or any other 
products when returned within 3 years after having 
been exported’’. 
(2) EFFECTIVE DATE.—The amendment made 
by paragraph (1) applies to goods entered, or with-
drawn from warehouse for consumption, on or after 
the 15th day after the date of the enactment of this 
Act. 
(c) DUTY FREE TREATMENT FOR CERTAIN UNITED 
STATES GOVERNMENT PROPERTY RETURNED TO THE 
UNITED STATES.— 
(1) IN GENERAL.—Subchapter I of chapter 98 
of the Harmonized Tariff Schedule of the United 
States is amended by inserting in numerical se-
quence the following new heading: 
‘‘ 
9801.00.11 
United States Government 
property, returned to the 
United States without having 
been advanced in value or im-
proved in condition by any 
means while abroad, entered 
by the United States Govern-
ment or a contractor to the 
United States Government, 
and certified by the importer 
as United States Government 
property .................................
Free 
’’. 
(2) EFFECTIVE DATE.—The amendment made 
by paragraph (1) applies to goods entered, or with-
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141 
drawn from warehouse for consumption, on or after 
the 15th day after the date of the enactment of this 
Act. 
TITLE V—OTHER TRADE 
AGENCIES 
SEC. 501. UNITED STATES INTERNATIONAL TRADE COMMIS-
SION. 
(a) FISCAL YEAR 2013.—There are authorized to be 
appropriated for the salaries and expenses of the United 
States International Trade Commission not to exceed 
$82,800,000 for fiscal year 2013. 
(b) FISCAL
YEARS
2014 
AND
2015.—Section 
330(e)(2)(A) of the Tariff Act of 1930 (19 U.S.C. 
1330(e)(2)(A)) is amended by striking clauses (i) and (ii) 
and inserting the following: 
‘‘(i) $86,800,000 for fiscal year 2014. 
‘‘(ii) $88,900,000 for fiscal year 
2015.’’. 
SEC. 502. OFFICE OF THE UNITED STATES TRADE REP-
RESENTATIVE. 
(a) FISCAL YEAR 2013.—There are authorized to be 
appropriated for the salaries and expenses of the Office 
of the United States Trade Representative not to exceed 
$51,300,000 for fiscal year 2013. 
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142 
(b) ANNUAL REPORT ON TRADE AGREEMENTS PRO-
GRAM AND NATIONAL TRADE POLICY AGENDA.—Section 
163(a) of the Trade Act of 1974 (19 U.S.C. 2213(a)) is 
amended— 
(1) in paragraph (1)— 
(A) in subparagraph (A), by striking 
‘‘and’’ at the end; 
(B) in subparagraph (B), by striking the 
period at the end and inserting a semicolon; 
and 
(C) by adding at the end the following: 
‘‘(C) the operation of all United States 
Trade Representative-led interagency programs 
during the preceding year and for the year in 
which the report is submitted.’’; and 
(2) by adding at the end the following: 
‘‘(4) The report shall include, with respect to 
the matters referred to in paragraph (1)(C), infor-
mation regarding— 
‘‘(A) the objectives and priorities of all 
United States Trade Representative-led inter-
agency programs for the year, and the reasons 
therefor; 
‘‘(B) the actions proposed, or anticipated, 
to be undertaken during the year to achieve 
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143 
such objectives and priorities, including actions 
authorized under the trade laws and negotia-
tions with foreign countries; 
‘‘(C) the role of each Federal agency par-
ticipating in the interagency program in achiev-
ing such objectives and priorities and activities 
of each agency with respect to their participa-
tion in the program; 
‘‘(D) the United States Trade Representa-
tive’s coordination of each participating Federal 
agency to more effectively achieve such objec-
tives and priorities; 
‘‘(E) any proposed legislation necessary or 
appropriate to achieve any of such objectives or 
priorities; and 
‘‘(F) the progress that was made during 
the preceding year in achieving such objectives 
and priorities and coordination activities in-
cluded in the statement provided for such year 
under this paragraph.’’. 
(c) 
RESOURCE
MANAGEMENT
AND
STAFFING 
PLANS.— 
(1) ANNUAL PLAN.— 
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144 
(A) IN
GENERAL.—The United States 
Trade Representative shall on an annual basis 
develop a plan— 
(i) to match available resources of the 
Office of the United States Trade Rep-
resentative to projected workload and pro-
vide a detailed analysis of how the funds 
allocated from the prior fiscal year to date 
have been spent; 
(ii) to identify existing staff of the Of-
fice and new staff that will be necessary to 
support the trade negotiation and enforce-
ment functions and powers of the Office 
(including those of the Trade Policy Staff 
Committee) as described in section 141 of 
the Trade Act of 1974 (19 U.S.C. 2171) 
and section 301 of the Trade Act of 1974 
(19 U.S.C. 2411); 
(iii) to identify existing staff of the 
Office and staff of other Federal agencies 
who will be required to be detailed to sup-
port United States Trade Representative- 
led interagency programs, including any 
associated expenses; and 
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145 
(iv) to provide a detailed analysis of 
the budgetary requirements of United 
States Trade Representative-led inter-
agency programs for the next fiscal year 
and provide a detailed analysis of how the 
funds allocated from the prior fiscal year 
to date have been spent. 
(B) REPORT.—The United States Trade 
Representative shall submit to the Committee 
on Ways and Means and the Committee on Ap-
propriations of the House of Representatives 
and the Committee on Finance and the Com-
mittee on Appropriations of the Senate a report 
that contains the plan required under subpara-
graph (A). The report required under this sub-
paragraph shall be submitted in conjunction 
with the annual budget of the United States 
Government required to be submitted to Con-
gress under section 1105 of title 31, United 
States Code. 
(2) QUADRENNIAL PLAN.— 
(A) IN GENERAL.—Pursuant to the goals 
and objectives of the strategic plan of the Office 
of the United States Trade Representative as 
required under section 306 of title 5, United 
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146 
States Code, the United States Trade Rep-
resentative shall every 4 years develop a plan— 
(i) to analyze internal quality controls 
and record management of the Office; 
(ii) to identify existing staff of the Of-
fice and new staff that will be necessary to 
support the trade negotiation and enforce-
ment functions and powers of the Office 
(including those of the Trade Policy Staff 
Committee) as described in section 141 of 
the Trade Act of 1974 (19 U.S.C. 2171) 
and section 301 of the Trade Act of 1974 
(19 U.S.C. 2411); 
(iii) to identify existing staff of the 
Office and staff in other Federal agencies 
who will be required to be detailed to sup-
port United States Trade Representative- 
led interagency programs, including any 
associated expenses; 
(iv) to provide an outline of budget 
justifications, including salaries and ex-
penses as well as non-personnel adminis-
trative expenses, for the fiscal years re-
quired under the strategic plan; and 
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147 
(v) to provide an outline of budget 
justifications, including salaries and ex-
penses as well as non-personnel adminis-
trative expenses, for United States Trade 
Representative-led interagency programs 
for the fiscal years required under the 
strategic plan. 
(B) REPORT.— 
(i) IN GENERAL.—The United States 
Trade Representative shall submit to the 
Committee on Ways and Means and the 
Committee on Appropriations of the House 
of Representatives and the Committee on 
Finance and the Committee on Appropria-
tions of the Senate a report that contains 
the plan required under subparagraph (A). 
Except as provided in clause (ii), the re-
port required under this clause shall be 
submitted in conjunction with the strategic 
plan of the Office as required under sec-
tion 306 of title 5, United States Code. 
(ii) EXCEPTION.—The United States 
Trade Representative shall submit to the 
congressional 
committees 
specified 
in 
clause (i) an initial report that contains 
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148 
the plan required under subparagraph (A) 
not later than February 1, 2013. 
Æ 
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