I 
112TH CONGRESS 
2D SESSION 
H. R. 6642 
To reauthorize customs trade facilitation and enforcement functions and 
programs, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
DECEMBER 7, 2012 
Mr. BRADY of Texas introduced the following bill; which was referred to the 
Committee on Ways and Means, and in addition to the Committees on 
Homeland Security and the Budget, for a period to be subsequently de-
termined by the Speaker, in each case for consideration of such provisions 
as fall within the jurisdiction of the committee concerned 
A BILL 
To reauthorize customs trade facilitation and enforcement 
functions and programs, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Customs Trade Facilitation and Enforcement Act of 
2012’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Definitions. 
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TITLE I—CUSTOMS FACILITATION 
Subtitle A—Functions Other Than Investigative Functions 
Sec. 101. Establishment of Agency; Commissioner. 
Sec. 102. Officers and employees. 
Sec. 103. Separate budget for U.S. Customs and Border Protection Agency. 
Sec. 104. Revolving fund. 
Sec. 105. Advances in foreign countries. 
Sec. 106. Advances for enforcement of customs provisions. 
Sec. 107. Certification of reason for advance. 
Sec. 108. Payments in foreign countries; claims for reimbursement. 
Sec. 109. Customs administration. 
Sec. 110. Designation of trade oversight personnel. 
Sec. 111. Consultation on trade and customs revenue functions. 
Sec. 112. Authorization of appropriations. 
Subtitle B—Investigative Functions 
Sec. 121. Separate budget for U.S. Immigration and Customs Enforcement. 
Sec. 122. Authorization of appropriations. 
Subtitle C—Joint Strategic Plan 
Sec. 131. Joint Strategic Plan. 
TITLE II—CUSTOMS FACILITATION, TRADE ENFORCEMENT, AND 
TRANSPARENCY 
Subtitle A—Customs Facilitation and Transparency 
Sec. 201. Consultations with respect to mutual recognition agreements. 
Sec. 202. Commercial Customs Operations Advisory Committee. 
Sec. 203. Automated Commercial Environment computer system. 
Sec. 204. International Trade Data System. 
Subtitle B—Trade Enforcement 
CHAPTER 1—COMMERCIAL RISK ASSESSMENT TARGETING 
Sec. 211. Commercial Targeting Division and National Targeting and Analysis 
Groups. 
Sec. 212. Centers of Excellence and Expertise. 
Sec. 213. Report on oversight of revenue protection and enforcement measures. 
Sec. 214. Report on security and revenue measures with respect to merchandise 
transported in bond. 
Sec. 215. Report on effectiveness of trade enforcement activities. 
Sec. 216. Priorities and performance standards for Customs modernization, 
trade facilitation, and trade enforcement functions and pro-
grams. 
Sec. 217. Educational seminars to improve efforts to classify and appraise im-
ported articles and to improve trade enforcement efforts. 
CHAPTER 2—IMPORTER REQUIREMENTS 
Sec. 221. Importer of record program. 
Sec. 222. Customs broker identification of importers. 
Sec. 223. Establishment of ‘‘new importer’’ program. 
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Sec. 224. Requirements applicable to non-resident importers. 
Sec. 225. Certified importer program. 
CHAPTER 3—IMPORT-RELATED PROTECTION OF INTELLECTUAL PROPERTY 
RIGHTS 
Sec. 231. Exchange of information related to trade enforcement. 
TITLE III—PREVENTION OF EVASION OF ANTIDUMPING AND 
COUNTERVAILING DUTY ORDERS 
Sec. 301. Short title. 
Sec. 302. Definitions. 
Sec. 303. Application to Canada and Mexico. 
Subtitle A—Actions Relating to Enforcement of Trade Remedy Laws 
Sec. 311. Trade Remedy Law Enforcement Division. 
Sec. 312. Collection of information on evasion of trade remedy laws. 
Sec. 313. Access to information. 
Sec. 314. Cooperation with foreign countries on preventing evasion of trade 
remedy laws. 
Sec. 315. Trade negotiating objectives. 
Subtitle B—Other Matters 
Sec. 321. Allocation and training of personnel. 
Sec. 322. Annual report on prevention of evasion of antidumping and counter-
vailing duty orders. 
Sec. 323. Addressing circumvention by new shippers. 
TITLE IV—MISCELLANEOUS PROVISIONS 
Sec. 401. Penalties for customs brokers. 
Sec. 402. De minimis value and entry under regulations. 
Sec. 403. Collection and remittance of certain Customs User Fees. 
Sec. 404. Drawback and refunds. 
Sec. 405. Amendments to chapter 98 of the Harmonized Tariff Schedule of the 
United States. 
TITLE V—OTHER TRADE AGENCIES 
Sec. 501. United States International Trade Commission. 
Sec. 502. Office of the United States Trade Representative. 
SEC. 2. DEFINITIONS. 
In this Act: 
(1) COMMERCIAL CUSTOMS OPERATIONS ADVI-
SORY COMMITTEE.—The term ‘‘Commercial Customs 
Operations Advisory Committee’’ means the Advi-
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sory Committee established pursuant to section 202 
of this Act or any successor committee. 
(2) 
COMMERCIAL
OPERATIONS.—The 
term 
‘‘commercial operations’’, with respect to the U.S. 
Customs and Border Protection Agency, includes— 
(A) administering any customs revenue 
function delegated by the Secretary of the 
Treasury to the Secretary of Homeland Secu-
rity pursuant to section 412 of the Homeland 
Security Act of 2002 (6 U.S.C. 212); 
(B) facilitating legitimate international 
trade, and enforcing the customs and trade 
laws of the United States to the extent of the 
authority of the Commissioner under such laws; 
(C) coordinating all efforts of the Depart-
ment of Homeland Security to facilitate legiti-
mate international trade and to enforce the cus-
toms and trade laws of the United States; 
(D) coordinating, on behalf of the Depart-
ment of Homeland Security, efforts among ex-
ecutive branch agencies to facilitate legitimate 
trade and to enforce the customs and trade 
laws of the United States, including— 
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(i) representing the Department of 
Homeland Security in interagency fora ad-
dressing such efforts; and 
(ii) coordinating with the Director of 
U.S. Immigration and Customs Enforce-
ment to develop and implement the Joint 
Strategic Plan; 
(E) coordinating, on behalf of the United 
States, efforts with foreign customs agencies to 
facilitate legitimate international trade and to 
enforce the customs and trade laws of the 
United States and of foreign countries; 
(F) collecting, assessing, and disseminating 
information as appropriate and in accordance 
with law, regarding cargo destined for the 
United States, to ensure that such cargo com-
plies with the customs and trade laws of the 
United States and to facilitate the legitimate 
international trade of such cargo; 
(G) soliciting and considering on a regular 
basis input from the private sector, including 
the Commercial Customs Operations Advisory 
Committee, the Trade Support Network, and 
other entities affected by the efforts of the Fed-
eral Government to facilitate legitimate inter-
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national trade and to enforce the customs and 
trade laws of the United States, with respect 
to— 
(i) the implementation of new or 
amended customs and trade laws of the 
United States; and 
(ii) the development, implementation, 
or revision of policies or regulations admin-
istered by the U.S. Customs and Border 
Protection Agency; and 
(H) otherwise advising the Secretary of 
Homeland Security with respect to the develop-
ment of policies associated with facilitating le-
gitimate international trade and enforcing the 
customs and trade laws of the United States. 
(3) CUSTOMS
AND
TRADE
LAWS
OF
THE 
UNITED
STATES.—The term ‘‘customs and trade 
laws of the United States’’ includes the following: 
(A) The Tariff Act of 1930. 
(B) Section 249 of the Revised Statutes of 
the United States (19 U.S.C. 3). 
(C) Section 2 of the Act of March 4, 1923 
(19 U.S.C. 6). 
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(D) Section 13031 of the Consolidated 
Omnibus Budget Reconciliation Act of 1985 
(19 U.S.C. 58c). 
(E) Section 251 of the Revised Statutes of 
the United States (19 U.S.C. 66). 
(F) Section 1 of the Act of June 26, 1930 
(19 U.S.C. 68). 
(G) The Foreign Trade Zones Act (19 
U.S.C. 81a et seq.). 
(H) Section 1 of the Act of March 2, 1911 
(19 U.S.C. 198). 
(I) The Trade Act of 1974. 
(J) The Trade Agreements Act of 1979. 
(K) The North American Free Trade Area 
Implementation Act. 
(L) The Uruguay Round Agreements Act. 
(M) The Caribbean Basin Economic Re-
covery Act. 
(N) The Andean Trade Preference Act. 
(O) The African Growth and Opportunity 
Act. 
(P) The Act of March 3, 1927 (44 Stat. 
1381, chapter 348; 19 U.S.C. 2071 et seq.). 
(Q) The Customs Enforcement Act of 
1986 (Public Law 99–570; 100 Stat. 3207–79). 
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(R) The Customs and Trade Act of 1990 
(Public Law 101–382; 104 Stat. 629). 
(S) The Customs Procedural Reform and 
Simplification Act of 1978 (Public Law 95– 
410; 92 Stat. 888). 
(T) The Trade Act of 2002 (Public Law 
107–210; 116 Stat. 933). 
(U) The Convention on Cultural Property 
Implementation Act (19 U.S.C. 2601 et seq.). 
(V) The Act of August 7, 1939 (53 Stat. 
1263, chapter 566; 19 U.S.C. 2077 et seq.). 
(W) Any other provision of law vesting 
customs revenue functions in the Secretary of 
the Treasury. 
(X) Any other provision of law relating to 
customs facilitation or trade enforcement that 
is administered by the U.S. Customs and Bor-
der Protection Agency on behalf of any Federal 
agency that is required to participate in the 
International Trade Data System established 
pursuant to section 411(d) of the Tariff Act of 
1930 (19 U.S.C. 1411(d)), as amended by sec-
tion 204 of this Act. 
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(Y) Any other provision of customs or 
trade law administered by the U.S. Customs 
and Border Protection Agency. 
(4) CUSTOMS REVENUE FUNCTION.—The term 
‘‘customs revenue function’’ has the meaning given 
that term in section 415 of the Homeland Security 
Act of 2002 (6 U.S.C. 215). 
(5) IMPORTER.—The term ‘‘importer’’ means 
one of the parties qualifying as an importer of 
record under section 484(a)(2)(B) of the Tariff Act 
of 1930 (19 U.S.C. 1484(a)(2)(B)). 
(6) NONRESIDENT IMPORTER.—The term ‘‘non-
resident importer’’ means an importer who is— 
(A) an individual who is not a citizen of 
the United States or an alien lawfully admitted 
for permanent residence in the United States; 
or 
(B) a partnership, corporation, or other 
commercial entity that is not organized under 
the laws of a jurisdiction within the customs 
territory of the United States (as such term is 
defined in General Note 2 of the Harmonized 
Tariff Schedule of the United States) or in the 
Virgin Islands of the United States. 
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(7) JOINT STRATEGIC PLAN.—The term ‘‘Joint 
Strategic Plan’’ means the plan required by section 
131 of this Act. 
(8) TRADE
SUPPORT
NETWORK.—The term 
‘‘Trade Support Network’’ means representatives of 
the private sector that provide input on the design 
and development of modernization projects of the 
U.S. Customs and Border Protection Agency. 
TITLE I—CUSTOMS 
FACILITATION 
Subtitle A—Functions Other Than 
Investigative Functions 
SEC. 101. ESTABLISHMENT OF AGENCY; COMMISSIONER. 
(a) IN GENERAL.—The first section of the Act of 
March 3, 1927 (44 Stat. 1381, chapter 348; 19 U.S.C. 
2071), is amended to read as follows: 
‘‘SEC. 1. ESTABLISHMENT OF U.S. CUSTOMS AND BORDER 
PROTECTION AGENCY; COMMISSIONER. 
‘‘(a) ESTABLISHMENT OF U.S. CUSTOMS AND BOR-
DER PROTECTION AGENCY.—There is established in the 
Department of Homeland Security the U.S. Customs and 
Border Protection Agency. 
‘‘(b) ESTABLISHMENT OF COMMISSIONER OF U.S. 
CUSTOMS AND BORDER PROTECTION.—The head of the 
U.S. Customs and Border Protection Agency shall be a 
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Commissioner of U.S. Customs and Border Protection (in 
this Act referred to as the ‘Commissioner’), who shall— 
‘‘(1) be appointed by the President, by and with 
the advice and consent of the Senate; 
‘‘(2) carry out the duties described in sub-
section (c); and 
‘‘(3) report directly to the Secretary of Home-
land Security. 
‘‘(c) DUTIES.— 
‘‘(1) IN GENERAL.—The Commissioner shall— 
‘‘(A) carry out the duties and powers pre-
scribed by law or by the Secretary of Homeland 
Security; 
‘‘(B) direct the administration of the com-
mercial operations of the U.S. Customs and 
Border Protection Agency and the enforcement 
of the customs and trade laws of the United 
States; and 
‘‘(C) otherwise safeguard the economic and 
homeland security interests of the United 
States at land borders and ports of entry. 
‘‘(2) DEFINITIONS.—In this subsection, the 
terms ‘commercial operations’ and ‘customs and 
trade laws of the United States’ have the meanings 
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given such terms in section 2 of the Customs Trade 
Facilitation and Enforcement Act of 2012. 
‘‘(d) ABSENCE OR DISABILITY OF COMMISSIONER.— 
The Deputy Commissioner of U.S. Customs and Border 
Protection, appointed pursuant to section 2, shall act as 
Commissioner of U.S. Customs and Border Protection 
during the absence or disability of the Commissioner of 
U.S. Customs and Border Protection, or in the event that 
there is no Commissioner of U.S. Customs and Border 
Protection.’’. 
(b) ADMINISTRATIVE CONTINUITY.— 
(1) IN GENERAL.—The Act of March 3, 1927 
(44 Stat. 1381, chapter 348; 19 U.S.C. 2073), is 
amended by striking section 3 and inserting the fol-
lowing: 
‘‘SEC. 3. TRANSFER OF FUNCTIONS, ASSETS, LIABILITIES, 
AND DUTIES. 
‘‘(a) IN GENERAL.—Effective on the date of the en-
actment of the Customs Trade Facilitation and Enforce-
ment Act of 2012, the functions and associated personnel, 
assets, and liabilities, identified under section 411 of the 
Homeland Security Act of 2002 (6 U.S.C. 211) on the 
day before such date of enactment, are transferred to the 
U.S. Customs and Border Protection Agency. 
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‘‘(b) CONTINUATION
IN OFFICE.—The individual 
serving as Commissioner of Customs, in the Department 
of Homeland Security, on the day before the date of the 
enactment of the Customs Trade Facilitation and En-
forcement Act of 2012 may serve as the Commissioner of 
the U.S. Customs and Border Protection Agency until the 
earlier of— 
‘‘(1) the date on which such individual is no 
longer eligible to serve as Commissioner of Customs; 
or 
‘‘(2) the date on which a person nominated by 
the President to be the Commissioner of U.S. Cus-
toms and Border Protection is confirmed by the 
Senate.’’. 
(2) REPEAL.—Section 411 of the Homeland Se-
curity Act of 2002 (6 U.S.C. 211), and the item re-
lating to that section in the table of contents for 
that Act, are repealed. 
(c) REFERENCE.—On and after the effective date of 
this Act, any reference in law or regulations to the ‘‘Com-
missioner of Customs’’ or the ‘‘Commissioner of the Cus-
toms Service’’ shall be deemed to be a reference to the 
Commissioner of U.S. Customs and Border Protection es-
tablished pursuant to section 1 of the Act of March 3, 
1927, as amended by subsection (a) of this section. 
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(d) COMPENSATION.—Section 5314 of title 5, United 
States Code, is amended by striking ‘‘Commissioner of 
Customs, Department of Homeland Security’’ and insert-
ing ‘‘Commissioner of U.S. Customs and Border Protec-
tion, Department of Homeland Security’’. 
SEC. 102. OFFICERS AND EMPLOYEES. 
(a) DEPUTY COMMISSIONER.—Section 2 of the Act 
of March 3, 1927 (44 Stat. 1381, chapter 348; 19 U.S.C. 
2072), is amended by striking subsection (a) and inserting 
the following: 
‘‘(a) DEPUTY COMMISSIONER.— 
‘‘(1) IN GENERAL.—There shall be in the U.S. 
Customs and Border Protection Agency established 
by the first section, 1 Deputy Commissioner who 
shall be appointed by the President, by and with the 
advice and consent of the Senate. 
‘‘(2) QUALIFICATIONS.—A person appointed to 
be the Deputy Commissioner of U.S. Customs and 
Border Protection shall have a minimum of 10 years 
of professional experience in the operation of the 
customs and trade laws of the United States. 
‘‘(3) DUTIES.—The duties of the Deputy Com-
missioner shall include— 
‘‘(A) overseeing the commercial operations 
of the U.S. Customs and Border Protection 
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Agency, including the operations of the Office 
of International Trade and all other offices of 
the Agency whose duties primarily relate to the 
commercial operations of the Agency; 
‘‘(B) resolving issues relating to the com-
mercial operations of the U.S. Customs and 
Border Protection Agency, including liaising be-
tween offices primarily charged with carrying 
out the commercial operations of the Agency 
and any operational or port level office, includ-
ing the Office of Field Operations or any suc-
cessor office, in the administration of duties re-
lating to the commercial operations of the 
Agency; 
‘‘(C) overseeing the development and im-
plementation information technology, research, 
and communication functions of the U.S. Bor-
der and Protection Agency that affect the com-
mercial operations of the Agency, including 
modernization strategies, that support the com-
mercial operations of the Agency, including the 
implementation of the Automated Commercial 
Environment computer system authorized under 
section 13031(f)(5) of the Consolidated Omni-
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bus Budget and Reconciliation Act of 1985 (19 
U.S.C. 58c(f)(5)); 
‘‘(D) overseeing the customs revenue func-
tions of the U.S. Customs and Border Protec-
tion Agency in consultation, as appropriate, 
with the Deputy Assistant Secretary for Tax, 
Trade, and Tariff Policy of the Department of 
the Treasury or any successor position; 
‘‘(E) overseeing the administration of cus-
toms revenue functions of the U.S. Customs 
and Border Protection Agency; and 
‘‘(F) consulting with the Committee on Fi-
nance of the Senate and the Committee on 
Ways and Means of the House of Representa-
tives on a regular and timely basis regarding 
the administration of the commercial operations 
of the U.S. Customs and Border Protection 
Agency, including— 
‘‘(i) the status and substance of inter-
national negotiations relating to the cus-
toms and trade laws of the United States, 
or of foreign countries, in which personnel 
of the Agency are participating; 
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‘‘(ii) the resource needs of the Agency 
in relation to the commercial operations of 
the Agency; 
‘‘(iii) any proposed changes to policy, 
regulations, interpretations, or practices 
that relate to commercial operations; 
‘‘(iv) any legislative proposals that the 
Agency or the Department of Homeland 
Security provides to other committees of 
the Senate or the House of Representatives 
or individual members of such committees 
that relate to the commercial operations of 
the Agency; and 
‘‘(v) the implementation of new or 
amended customs and trade laws of the 
United States. 
‘‘(4) ABSENCE OR DISABILITY OF DEPUTY COM-
MISSIONER.—The Assistant Commissioner of the Of-
fice of International Trade shall act as the Deputy 
Commissioner during the disability of the Deputy 
Commissioner, or in the event that there is no Dep-
uty Commissioner.’’. 
(b) TRADE ADVOCATE.—Section 2 of the Act of 
March 3, 1927 (44 Stat. 1381, chapter 348; 19 U.S.C. 
2072), as amended by subsection (a) of this section, is 
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further amended by striking subsection (b) and inserting 
the following: 
‘‘(b) TRADE ADVOCATE.— 
‘‘(1) IN
GENERAL.—The Commissioner shall 
appoint within the U.S. Customs and Border Protec-
tion Agency, a Trade Advocate, who shall report di-
rectly to the Commissioner. 
‘‘(2) QUALIFICATIONS.—A person appointed to 
be Trade Advocate shall have not less than 5 years 
experience working in international trade in the pri-
vate sector. 
‘‘(3) DUTIES.—The Trade Advocate shall— 
‘‘(A) serve as the primary liaison between 
the U.S. Customs and Border Protection Agen-
cy and the public with respect to the Agency’s 
administration of customs facilitation and trade 
enforcement functions; 
‘‘(B) assist the Commissioner in resolving 
issues relating to the commercial operations of 
the Agency by effectively communicating the 
perspectives held by interested parties in the 
private sector and other private commercial in-
terests; 
‘‘(C) consult with interested parties in the 
private sector, the Commercial Customs Oper-
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ations Advisory Committee, and the Trade Sup-
port Network, for their input with respect to 
the Agency’s— 
‘‘(i) development and implementation 
of rules, regulations, decisions, and notices 
related to the customs and trade laws of 
the United States administered by the 
Agency; 
‘‘(ii) development of the Joint Stra-
tegic Plan required under section 131 of 
the Customs Trade Facilitation and En-
forcement Act of 2012; 
‘‘(iii) assessment of the effectiveness 
of customs facilitation and trade enforce-
ment efforts; and 
‘‘(iv) trade modernization activities, 
including the development and implementa-
tion of the Automated Commercial Envi-
ronment 
computer 
system 
authorized 
under section 13031(f)(5) of the Consoli-
dated Omnibus Budget and Reconciliation 
Act of 1985 (19 U.S.C. 58c(f)(5)) and 
support for the establishment of the Inter-
national Trade Data System under the 
oversight of the Department of the Treas-
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