U.S.C. 1411(d)(4)(B)) is amended by inserting before the 
semicolon the following: ‘‘, in particular the progress of 
the United States Customs and Border Protection, the 
Department of Health and Human Services, the Depart-
ment of Transportation, the Environmental Protection 
Agency, the Consumer Product Safety Commission, the 
Federal Trade Commission, and other appropriate depart-
ments and agencies in implementing ITDS’’. 
SEC. 303. INTERAGENCY COORDINATION. 
(a) ACCESS TO ACE.—The Commissioner shall en-
sure that appropriate officials of the relevant departments 
and agencies have access to the Automated Commercial 
Environment for purposes of identifying cargo destined for 
importation into the United States as ‘‘high risk’’ with 
respect to public health or safety under the laws adminis-
tered by those departments and agencies. 
(b) COMMUNICATION AND RESPONSE PROTOCOLS.— 
The Secretary, acting through the Commissioner, shall 
take the necessary steps to implement protocols with the 
heads of the relevant departments and agencies that en-
sure rapid communication with and response by those de-
partments and agencies upon the discovery of goods des-
tined for importation into the United States that may pose 
a risk to public health or safety. 
VerDate Nov 24 2008 
00:20 Jan 16, 2009
Jkt 079200
PO 00000
Frm 00061
Fmt 6652
Sfmt 6201
E:\BILLS\H496.IH
H496
wwoods2 on PRODPC68 with BILLS
(c) 
INTERDEPARTMENTAL
PROCEDURES; 
LEVERAGING OF RESOURCES AT PORTS OF ENTRY.—The 
Secretary, acting through the Commissioner, shall, in con-
sultation with the heads of the relevant departments and 
agencies— 
(1) develop uniform interagency procedures, 
where appropriate, for clearing and controlling im-
ported goods at ports of entry, including procedures 
to streamline the entry process and facilitate the ex-
change of information and intelligence, processing of 
samples, providing training (where necessary) to 
keep the relevant departments and agencies updated 
on import requirements at the border, and other 
forms of interagency cooperation; and 
(2) take the necessary steps so that, in order to 
ensure that imported cargo does not pose risks to 
the public health or safety under laws administered 
by the relevant departments and agencies, personnel 
of the relevant department or agency or U.S. Cus-
toms and Border Protection officers are available to 
inspect and sample the cargo at the port of entry in 
the United States. 
The Secretary shall enter into such arrangements as are 
appropriate to ensure that U.S. Customs and Border Pro-
VerDate Nov 24 2008 
00:20 Jan 16, 2009
Jkt 079200
PO 00000
Frm 00062
Fmt 6652
Sfmt 6201
E:\BILLS\H496.IH
H496
wwoods2 on PRODPC68 with BILLS
tection officers are authorized to inspect and sample cargo 
under paragraph (2). 
SEC. 304. DEVELOPMENT OF IMPORT SAFETY PROGRAM. 
(a) 
ESTABLISHMENT.—The 
Secretary, 
acting 
through the Commissioner, shall, in consultation with the 
Advisory Committee on Import Safety and Intellectual 
Property Rights Enforcement established pursuant to sec-
tion 362 of this Act, establish a voluntary government- 
private sector program (to be known as the ‘‘Import Safe-
ty Program’’) to ensure that all goods in the international 
supply chain do not pose risks to public health or safety, 
and to facilitate the movement of such goods through the 
international supply chain. Under the program— 
(1) eligible entities described in subsection (d) 
voluntarily agree to abide by the minimum require-
ments under subsection (b); and 
(2) the Secretary agrees to expedite the move-
ment of the goods of such persons through the in-
spection process and to provide other benefits to 
participants meeting or exceeding the requirements 
of the Import Safety Program. 
(b) MINIMUM REQUIREMENTS.— 
(1) 
IN
GENERAL.—The 
Secretary, 
acting 
through the Commissioner, shall establish the min-
imum requirements for eligible entities described in 
VerDate Nov 24 2008 
00:20 Jan 16, 2009
Jkt 079200
PO 00000
Frm 00063
Fmt 6652
Sfmt 6201
E:\BILLS\H496.IH
H496
wwoods2 on PRODPC68 with BILLS
subsection (d) seeking to participate in the Import 
Safety Program and review such requirements at 
least once every year and update such requirements 
as necessary. In establishing such requirements, the 
Secretary shall— 
(A) require that each such eligible entity 
applying be a participant in the C–TPAT pro-
gram under subtitle B of title II of the SAFE 
Port Act (in this section referred to as ‘‘C– 
TPAT’’; 6 U.S.C. 961 et seq.); and 
(B) incorporate standards for the fol-
lowing: 
(i) Controls for ensuring the eligible 
entity’s compliance with health and safety 
standards under the laws and regulations 
of the United States for goods moved by 
the eligible entity through the international 
supply chain. 
(ii) Tracking and maintaining records 
on goods moved by the eligible entity 
through the international supply chain. 
(iii) Documentation of controls re-
ferred to in clause (i), including mainte-
nance of testing results. 
VerDate Nov 24 2008 
00:20 Jan 16, 2009
Jkt 079200
PO 00000
Frm 00064
Fmt 6652
Sfmt 6201
E:\BILLS\H496.IH
H496
wwoods2 on PRODPC68 with BILLS
(iv) Access by the Secretary to the eli-
gible entity’s business records for review. 
(v) Access by the Secretary to vendor 
and supplier information. 
(vi) Such other factors as the Sec-
retary determines are necessary. 
(2) SPECIFIC
REQUIREMENTS.—An applicant 
seeking to participate in the Import Safety Program 
must— 
(A) demonstrate a history of moving cargo 
in the international supply chain in compliance 
with health and safety standards under the laws 
and regulations of the United States; 
(B) have procedures in place to ensure 
that the cargo is not subject to an Import Alert 
of the Food and Drug Administration or to any 
voluntary or mandatory recall imposed because 
of a potential risk to public health or safety; 
(C) have in place internal controls and 
product-testing regimes to ensure compliance 
with health and safety standards under the laws 
and regulations of the United States, including 
compliance by the applicant’s suppliers with 
such health and safety standards; and 
VerDate Nov 24 2008 
00:20 Jan 16, 2009
Jkt 079200
PO 00000
Frm 00065
Fmt 6652
Sfmt 6201
E:\BILLS\H496.IH
H496
wwoods2 on PRODPC68 with BILLS
(D) conduct an assessment of its supply 
chain based upon health and safety criteria es-
tablished by the Secretary, acting through the 
Commissioner. 
(c) COORDINATION.—The Secretary shall coordinate 
with the heads of the relevant departments and agencies 
for purposes of verifying the compliance of imported goods 
with health and safety standards under subsection 
(b)(1)(B)(i). 
(d) ELIGIBLE ENTITIES.—Importers, producers, sell-
ers, ultimate consignees, and other entities in the inter-
national supply chain and intermodal transportation sys-
tem are eligible to apply to voluntarily enter into the Im-
port Safety Program. 
(e) VALIDATION.—The Secretary, acting through the 
Commissioner, shall validate the compliance of each par-
ticipant in the Import Safety Program with the require-
ments under this section. Such validation shall, to the ex-
tent practicable, be completed no later than 1 year after 
the applicant is accepted into the Import Safety Program, 
in accordance with a schedule and guidelines that the Sec-
retary, acting through the Commissioner, shall establish. 
(f) REVALIDATION.—The Secretary, acting through 
the Commissioner, shall develop and implement— 
VerDate Nov 24 2008 
00:20 Jan 16, 2009
Jkt 079200
PO 00000
Frm 00066
Fmt 6652
Sfmt 6201
E:\BILLS\H496.IH
H496
wwoods2 on PRODPC68 with BILLS
(1) a revalidation process for all participants in 
the Import Safety Program that shall be conducted 
not less frequently than once during each 5-year pe-
riod after the initial validation under subsection (e); 
and 
(2) an annual plan for revalidation that in-
cludes— 
(A) performance measures; 
(B) an assessment of the personnel needed 
to perform the revalidations; and 
(C) the number of participants that will be 
revalidated during the following year. 
SEC. 305. INFORMATION EXCHANGE PROCESS. 
The Secretary, acting through the Commissioner, 
shall work with importers and other interested persons 
and other entities in the private and public sectors to de-
velop a process through which— 
(1) persons and other entities in the private and 
public sectors can report critical information relating 
to the safety of imported goods in a timely manner 
at one virtual location through existing information- 
sharing systems; and 
(2) the Secretary can share such information 
with private and public entities, consistent with the 
protection of business confidential information. 
VerDate Nov 24 2008 
00:20 Jan 16, 2009
Jkt 079200
PO 00000
Frm 00067
Fmt 6652
Sfmt 6201
E:\BILLS\H496.IH
H496
wwoods2 on PRODPC68 with BILLS
SEC. 306. TRAINING. 
The Secretary, acting through the Commissioner, 
shall ensure that U.S. Customs and Border Protection 
personnel receive appropriate training in order to carry 
out this subtitle and the amendments made by this sub-
title. 
SEC. 307. SANCTIONS ON CERTAIN SUPPLIERS. 
(a) LIST OF SUPPLIERS WITH INADMISSABLE IM-
PORTED PRODUCTS.—Upon the development of unique 
identifiers under section 302(a), the Secretary, acting 
through the Commissioner, shall establish and maintain 
a list of importers of record, foreign manufacturers, for-
eign processing facilities, foreign exporters, and foreign 
suppliers whose imported products have been determined 
to be inadmissible into the United States or have been the 
subject of recalls in the United States because of violations 
of health or safety standards. 
(b) SANCTIONS.— 
(1) 
IN
GENERAL.—The 
Secretary, 
acting 
through the Commissioner, shall establish sanctions 
to be imposed on entities on the list described in 
subsection (a), taking into account the number of 
occurrences on which the products of the entity con-
cerned have been determined to be inadmissible or 
have been the subject of recalls in the United States 
and the severity of the violation of law that was the 
VerDate Nov 24 2008 
00:20 Jan 16, 2009
Jkt 079200
PO 00000
Frm 00068
Fmt 6652
Sfmt 6201
E:\BILLS\H496.IH
H496
wwoods2 on PRODPC68 with BILLS
basis for such determination or recall. Such sanc-
tions shall include the following: 
(A) In the case of a first occurrence, an in-
crease in the bond required to be posted for im-
ports of the products of the entity concerned. 
(B) Increased inspection of up to 100 per-
cent of the products of the entity concerned, in 
the case of a second occurrence of a violation 
within 6 months after the first occurrence of 
the same violation; and 
(C) A prohibition on imports of the prod-
ucts of an entity whose products have repeat-
edly been the subject of such a determination or 
recall, or in a case in which the products con-
cerned caused bodily injury or death, for a pe-
riod of time determined by the Secretary, acting 
through the Commissioner, but generally not 
less than 6 months or until the relevant depart-
ment or agency with the authority to determine 
the admissibility of the products verifies that 
the banned products are in compliance with the 
relevant health or safety standards. Products 
subject to the prohibition shall be the same type 
of products as those determined to be inadmis-
sible or subject to the recall, and any other type 
VerDate Nov 24 2008 
00:20 Jan 16, 2009
Jkt 079200
PO 00000
Frm 00069
Fmt 6652
Sfmt 6201
E:\BILLS\H496.IH
H496
wwoods2 on PRODPC68 with BILLS
of product that is subject to the same standard 
as the one violated by the entity. 
(2) DETERMINATION
OF ‘‘REPEATEDLY’’.—In 
determining under paragraph (1)(C) whether the 
products of an entity have ‘‘repeatedly’’ been the 
subject of a determination of inadmissibility or re-
call, the Secretary, acting through the Commis-
sioner, shall take into account not only the number 
of such determinations but the seriousness of the 
violation of health or safety standards that gave rise 
to any such determination. 
(c) AVAILABILITY TO PUBLIC.— 
(1) 
IN
GENERAL.—The 
Secretary, 
acting 
through the Commissioner, shall make public, in-
cluding through the official website of U.S. Customs 
and Border Protection and, as appropriate, any 
other Federal department or agency website relating 
to health or safety matters, the names of all import-
ers of record, foreign manufacturers, foreign proc-
essing facilities, foreign exporters, and foreign sup-
pliers who have been made subject to a prohibition 
on imports under subsection (b)(1)(C) that has be-
come final under subsection (f), and the products 
that are subject to the prohibition. If an entity sub-
ject to such a prohibition files, in the appropriate 
VerDate Nov 24 2008 
00:20 Jan 16, 2009
Jkt 079200
PO 00000
Frm 00070
Fmt 6652
Sfmt 6201
E:\BILLS\H496.IH
H496
wwoods2 on PRODPC68 with BILLS
Federal court, an appeal of the determination of the 
Secretary imposing the prohibition, such appeal shall 
also be made public in accordance with the preceding 
sentence. 
(2) UPDATING.—The information made public 
under paragraph (1) shall be updated as frequently 
as necessary to keep the information current. 
(d) ALERT SYSTEM
IN ACE.—The Commissioner 
shall establish in the Automated Commercial Environment 
an alert system notifying the relevant departments and 
agencies of the identity of all importers of record, foreign 
manufacturers, foreign processing facilities, foreign ex-
porters, and foreign suppliers described in subsections (a) 
and (b). 
(e) MITIGATING ACTIONS.—The Secretary, acting 
through the Commissioner, in consultation with the heads 
of the relevant departments and agencies, shall establish 
actions that an entity that is on the list established under 
subsection (a) or is subject to a sanction under subsection 
(b) may take to warrant removal from the list or removal 
of the sanction, as the case may be. 
(f) ADMINISTRATIVE
APPEAL.—Any importer of 
record, foreign manufacturer, foreign processing facility, 
foreign exporter, or foreign supplier may appeal a decision 
of the Secretary under subsection (a) or (b) by filing the 
VerDate Nov 24 2008 
00:20 Jan 16, 2009
Jkt 079200
PO 00000
Frm 00071
Fmt 6652
Sfmt 6201
E:\BILLS\H496.IH
H496
wwoods2 on PRODPC68 with BILLS