[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 956 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 956
To facilitate the entry and processing of merchandise and trade
enforcement, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 11 (legislative day, March 10), 2025
Mr. Cassidy (for himself and Ms. Cortez Masto) introduced the following
bill; which was read twice and referred to the Committee on Finance
_______________________________________________________________________
A BILL
To facilitate the entry and processing of merchandise and trade
enforcement, and for other purposes.
Be it enacted by the Senate and House of Representatives 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
Facilitation Act of 2025''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--ONE UNITED STATES GOVERNMENT AT THE BORDER
Sec. 101. Border Interagency Executive Council.
Sec. 102. Establishment of single window import and export cargo
processing release system.
Sec. 103. Continued modernization of the Automated Commercial
Environment.
Sec. 104. Authorization of appropriations for uniform system for
processing and release of cargo.
TITLE II--MODERNIZING CUSTOMS PROCESSES
Sec. 201. Simplification of drawback procedures.
Sec. 202. Streamlined export processes.
Sec. 203. Treatment of clerical errors in submission of export data.
Sec. 204. Government Accountability Office report on fee schedule of
U.S. Customs and Border Protection.
Sec. 205. Improvements to Centers of Excellence and Expertise.
TITLE III--IMPROVING CUSTOMS DATA AND TRANSPARENCY
Sec. 301. Requirements for regulations relating to data collection for
trade enforcement and facilitation.
Sec. 302. Updates to U.S. Customs and Border Protection website and
Customs-Trade Partnership Against Terrorism
Trade Compliance Handbook.
Sec. 303. Establishment of deadlines for agency responses to trade
community requests.
Sec. 304. Accessibility of contact information of representatives of
U.S. Customs and Border Protection and
Centers of Excellence and Expertise.
TITLE I--ONE UNITED STATES GOVERNMENT AT THE BORDER
SEC. 101. BORDER INTERAGENCY EXECUTIVE COUNCIL.
(a) Establishment.--There is established an interagency working
group, to be known as the Border Interagency Executive Council (in this
section referred to as the ``Council''), to serve as an interagency
forum to facilitate the development of policies and processes to
enhance coordination across customs, transport security, health and
safety, sanitary, conservation, trade, and phytosanitary agencies with
border management authorities--
(1) to measurably improve supply chain processes and the
identification of illicit shipments; and
(2) to facilitate and expedite the flow of legitimate
trade.
(b) Oversight.--The Secretary of Homeland Security shall oversee
the Council.
(c) Chairperson; Vice Chairperson.--
(1) Chairperson.--The Commissioner of U.S. Customs and
Border Protection or a senior-level designee from U.S. Customs
and Border Protection shall serve as the chairperson of the
Council.
(2) Vice chairperson.--There shall be a vice chairperson of
the Council, who shall be selected every 2 years from among the
members of the Council by a process determined by the members.
(d) Membership.--
(1) In general.--In addition to the chairperson and vice
chairperson, the Council shall include designated senior-level
representatives who are full-time or permanent part-time
employees of Federal agencies that provide approval before
merchandise can be imported into or exported from the United
States, or that otherwise have the authority to establish or
enforce requirements relating to the importation or exportation
of merchandise, including the following:
(A) The Department of State.
(B) The Department of the Treasury.
(C) The Department of Defense.
(D) The Department of the Interior.
(E) The Department of Agriculture.
(F) The Department of Commerce.
(G) The Department of Health and Human Services.
(H) The Department of Transportation.
(I) The Department of Homeland Security.
(J) The Environmental Protection Agency.
(K) Such other Federal agencies, including
independent regulatory and quasi-judicial agencies and
commissions, as the chairperson and vice chairperson
consider appropriate.
(2) Representatives of executive office of president.--The
Council may also include appropriate representatives of the
Executive Office of the President.
(3) Waiver of participation.--The Secretary of Homeland
Security may waive the participation, in whole or in part, of
representatives of any agency specified in paragraph (1) in the
Council if the Secretary considers it appropriate.
(e) Functions of Council.--The Council shall--
(1) facilitate the development of common risk management
principles and methods to inform agency operations associated
with the review and release of cargo at the border and to
support compliance with applicable law;
(2) facilitate the development of policies and processes to
coordinate, improve, and accelerate agency review of electronic
trade-related documentation or information transmitted, or
otherwise made available, through relevant systems and provide
coordinated and streamlined responses back to users to
facilitate trade and support compliance with applicable law and
international agreements;
(3) identify opportunities to use documentation or
information relating to the importation of merchandise,
including documentation or information provided prior to the
arrival of merchandise into the customs territory of the United
States or the filing of an entry of merchandise with U.S.
Customs and Border Protection, to facilitate priority
processing and the expedited release of such merchandise from
the custody of U.S. Customs and Border Protection and to reduce
redundancies in the trade data that each party in a supply
chain is required to provide;
(4) identify opportunities to streamline Federal Government
systems and reduce costs through the elimination of redundant
capabilities and through enhanced utilization of the
capabilities of the Automated Commercial Environment, or any
successor system, as a means of improving supply chain
management processes;
(5) identify opportunities to enhance whole-of-Government
trade processing capabilities, including capabilities relating
to processing cargo manifests, collection of advance import and
export data, uniform cargo admissibility and release processes,
entry summaries, and cargo financial data, in the Automated
Commercial Environment, or any successor system, that conform
with the criteria for the admissibility of merchandise of all
agencies represented on the Council;
(6) enhance uniformity, consistency, and transparency, by
facilitating the development, to the extent practicable and
consistent with applicable law, of a standard nomenclature,
including definitions of relevant terms, across and within the
Federal agencies represented on the Council for--
(A) any party in the supply chain; and
(B) any event related to the importation or
exportation of merchandise or any customs program;
(7) engage with and consider input from the trade community
and other relevant stakeholders regarding opportunities to
improve supply chain processes and the processing of imported
and exported merchandise, with the goal of promoting economic
competitiveness through enhanced trade facilitation and
enforcement;
(8) encourage other countries to develop similar trade
processing capabilities, including single window systems, to
facilitate the sharing of relevant trade data, as appropriate,
across governmental systems and with trading partners; and
(9) assess opportunities to facilitate electronic payment
of duties, taxes, fees, and charges imposed under Federal law
upon entry of merchandise.
(f) Report.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, and not later than December 31 of
every other year thereafter, the Council shall make available
to the public a report that describes the progress that the
Council has made toward carrying out the functions described
under subsection (e).
(2) Public comment.--The Council shall provide an
opportunity for public comment on the report required by
paragraph (1).
(g) Continuation of Members.--An individual serving as a member of
the Border Interagency Executive Council established by Executive Order
13659 (19 U.S.C. 1411 note; relating to streamlining the export/import
process for America's businesses) on the day before the date of the
enactment of this Act may continue to serve as a member of the Council
established by subsection (a).
SEC. 102. ESTABLISHMENT OF SINGLE WINDOW IMPORT AND EXPORT CARGO
PROCESSING RELEASE SYSTEM.
(a) In General.--In order to advance the national economic
security, trade enforcement, and trade facilitation missions of U.S.
Customs and Border Protection and partner government agencies of U.S.
Customs and Border Protection, the Secretary of Homeland Security shall
ensure that a scalable, uniform automated platform provides a system
for the processing and release of cargo being imported into and
exported from the United States.
(b) Elements.--The system required by subsection (a) shall include
the following elements:
(1) Incorporation of whole-of-Government trade processing
capabilities, including capabilities relating to processing
cargo manifests, collection of advance import and export data,
uniform cargo admissibility and release processes, entry
summaries, and cargo financial data, in the Automated
Commercial Environment, or any successor system, to conform
with the admissibility criteria of--
(A) the Automated Commercial Environment, or any
successor system; and
(B) all agencies--
(i) participating in the International
Trade Data System established under section
411(d) of the Tariff Act of 1930 (19 U.S.C.
1411(d)); and
(ii) represented on the Border Interagency
Executive Council, established in section 101.
(2) Continued collaboration with the head of each agency
participating in the International Trade Data System to make
efforts to ensure that--
(A) if data required by a partner government agency
is already available in the Automated Commercial
Environment, or any successor system, as a result of a
requirement of U.S. Customs and Border Protection or
another agency, the system will populate that data for
the purpose of reporting the data to the partner
government agency and the data will not need to be
reported again through a separate submission, unless
U.S. Customs and Border Protection or the partner
government agency determines an additional submission
is necessary to confirm the accuracy of data received
from 2 or more sources;
(B) the Automated Commercial Environment, or a
successor system, provides a partner government agency
with any data that is needed to facilitate the
coordination and efficient execution of inspections
conducted by that partner government agency;
(C) a partner government agency interested in
obtaining import and export data and conducting or
directing its own inspections is able to do so through
the manifest and entry functionality of the Automated
Commercial Environment, or a successor system, and in
real time when entries and manifests are submitted,
rather than as a redelivery process when cargo may have
already been delivered; and
(D) a partner government agency interested in
obtaining clearance data clearly indicates all headings
and subheadings of the Harmonized Tariff Schedule of
the United States that are subject to its jurisdiction,
such that the agency is identified when any such
heading or subheading of the Harmonized Tariff Schedule
is submitted into the Automated Commercial Environment
or a successor system.
(3) Any other feature determined by the Commissioner of
U.S. Customs and Border Protection to be necessary to
substantially advance the national economic security, trade
enforcement, and trade facilitation missions of U.S. Customs
and Border Protection and partner government agencies.
(c) Assessment.--
(1) In general.--Not later 180 days after the date of the
enactment of this Act, the Commissioner of U.S. Customs and
Border Protection shall complete an assessment of whether a
technology solution that is capable of delivering the system
required by subsection (a) is commercially available.
(2) Report required.--If the Commissioner decides not to
acquire a commercially available technology to satisfy the
system requirement of subsection (a), the Commissioner shall
submit to Congress a report that includes a description of--
(A) if applicable, the determination that--
(i) developing the system required by
subsection (a) is more cost effective than
acquiring such system from a commercial source;
and
(ii) a system developed by U.S. Customs and
Border Protection can more adequately address
the needs of partner government agencies and
the trade community than a system acquired from
a commercial source; and
(B) the manner by which the Commissioner will
provide the system required by subsection (a) within
the timeline and meeting the requirements set forth in
subsection (d).
(d) Implementation of the System.--
(1) In general.--Not later than 1 year after the date on
which amounts appropriated pursuant to the authorization of
appropriations under section 104 are first made available to
U.S. Customs and Border Protection, the Commissioner shall
implement the system required by subsection (a).
(2) Requirements.--In implementing the system required by
subsection (a), the Commissioner shall--
(A) collaborate with the Trade Support Network and
other members of the trade community as the
Commissioner considers appropriate;
(B) ensure that the system provides the same or
greater functionality as any system being replaced by
the system required by subsection (a), to include
functionality with respect to the ability of partner
government agencies and the trade community to conduct
ordinary business;
(C) ensure that the system provides the features
envisioned in the 21st Century Customs Framework of
U.S. Customs and Border Protection; and
(D) if unable to timely provide a feature of the
system required by this section, consult with the Trade
Support Network and other members of the trade
community, as the Commissioner considers appropriate,
to provide a feature of equal importance.
(3) Exemption from the federal advisory committee act.--
Chapter 10 of title 5, United States Code, shall not apply to
this section or to other efforts of U.S. Customs and Border
Protection to collaborate with members of the trade community
with respect to the development of the system required by
subsection (a).
(e) Modifications To Ensure Operation of International Trade Data
System.--Section 411(d)(4)(A) of the Tariff Act of 1930 (19 U.S.C.
1411(d)(4)(A)) is amended--
(1) in the matter preceding clause (i), by striking ``and
the Interagency Steering Committee'' and inserting ``, the
Interagency Steering Committee, and the Border Interagency
Executive Council (established by section 101 of the Customs
Facilitation Act of 2025), as appropriate, and in consultation
with the Commercial Customs Operations Advisory Committee,
Trade Support Network, and other members of the trade community
as the Secretary considers necessary,'';
(2) in clause (i), by striking the semicolon and inserting
``; and'';
(3) in clause (ii), by striking the semicolon and inserting
a period; and
(4) by striking clauses (iii) and (iv).
SEC. 103. CONTINUED MODERNIZATION OF THE AUTOMATED COMMERCIAL
ENVIRONMENT.
(a) In General.--In order to advance the national economic
security, trade enforcement, and trade facilitation missions of U.S.
Customs and Border Protection and partner government agencies of U.S.
Customs and Border Protection, the Secretary of Homeland Security shall
provide for the continuous modernization of the Automated Commercial
Environment or a successor system.
(b) Requirements.--
(1) Development priorities.--The Commissioner of U.S.
Customs and Border Protection, in consultation with the
Commercial Customs Operations Advisory Committee (established
under section 109 of the Trade Facilitation and Trade
Enforcement Act of 2015 (19 U.S.C. 4316)), the Trade Support
Network, and any other member of the trade community the
Commissioner considers appropriate, shall determine the
development priorities for the Automated Commercial
Environment, or a successor system.
(2) Collaboration with partner government agencies and
industry.--
(A) In general.--The Commissioner of U.S. Customs
and Border Protection shall collaborate with partner
government agencies, the Commercial Customs Operations
Advisory Committee, the Trade Support Network, and any
other member of the trade community the Commissioner
considers appropriate, to ensure that any enhancement
to the Automated Commercial Environment, or a successor
system, is effectively delivered to Federal agencies
and to the trade community.
(B) Meetings.--
(i) In general.--Not later than 90 days
after the date of the enactment of this Act,
and as frequently as the Commissioner considers
appropriate thereafter, but not less frequently
than every 30 days, the Commissioner shall
convene meetings to solicit feedback on
enhancements to the Automated Commercial
Environment, or a successor system.
(ii) Attendees.--For each meeting convened
under clause (i), the Commissioner shall
invite--
(I) any representative from a
partner government agency or member of
the trade community who has a stake in
the system feature being discussed at
the meeting;
(II) any contractor or technical
expert that the Commissioner considers
appropriate; and
(III) any other stakeholder the
Commissioner considers appropriate.
(iii) Tasks.--For each meeting convened
under clause (i), the Commissioner shall--
(I) solicit feedback on any
enhancement to the Automated Commercial
Environment, or a successor system,
that is planned, in development, or
newly implemented and is addressed at
the meeting;
(II) conduct user testing or
research with respect to any
enhancement to the Automated Commercial
Environment that is planned, in
development, or newly implemented;
(III) maintain a summary of the
feedback received with respect to each
such enhancement; and
(IV) incorporate, to the extent
practicable and as aligned with the
development priorities determined under
paragraph (1), the results of any
testing or research conducted under
subclause (II) into the development of
any such enhancement.
(3) Management of communication.--The Commissioner shall
establish, through the use of a ticketing system or such other
means as the Commissioner considers appropriate, a mechanism to
manage communication relating to the Automated Commercial
Environment, or a successor system, under which users of the
Automated Commercial Environment, or such successor system, may
report feedback, including with respect to bugs or any other
issue, and the appropriate contractor or agency may review and
respond to such feedback.
(c) Report.--Not later than 2 years after the date of the enactment
of this Act, and annually thereafter, the Commissioner shall submit to
Congress and make available to the public a report that describes the
development progress of the Automated Commercial Environment, or any
successor system.
SEC. 104. AUTHORIZATION OF APPROPRIATIONS FOR UNIFORM SYSTEM FOR
PROCESSING AND RELEASE OF CARGO.
There are authorized to be appropriated to the Secretary of
Homeland Security for fiscal year 2026, and each fiscal year
thereafter, such sums as may be necessary to carry out improvements in
a scalable, uniform automated platform that provides a system for the
processing and release of cargo being imported into and exported from
the United States, including improvements to and integration of the
Automated Commercial Environment, or any successor system, as described
in section 102.
TITLE II--MODERNIZING CUSTOMS PROCESSES
SEC. 201. SIMPLIFICATION OF DRAWBACK PROCEDURES.
(a) In General.--Section 313 of the Tariff Act of 1930 (19 U.S.C.
1313) is amended by inserting after subsection (s) the following:
``(t) Simplification of Drawback Procedures.--
``(1) Accelerated payment.--
``(A) In general.--A person that meets the
requirements of paragraph (3) and files a claim for
drawback under this section shall be paid all estimated
duties, taxes, and fees covered by the claim while the
liquidation of the claim is pending.
``(B) Estimated payment exceeds liquidated
amount.--If the amount of estimated duties, taxes, and
fees paid by U.S. Customs and Border Protection under
subparagraph (A) for a drawback claim exceeds an amount
that is $20 more than the final liquidated amount for
that claim, the person that filed the claim shall
refund to U.S. Customs and Border Protection the amount
by which the amount of estimated duties, taxes, and
fees paid by U.S. Customs and Border Protection exceeds
the final liquidated amount.
``(C) Liquidated amount exceeds estimated
payment.--If the final liquidated amount for a drawback
claim exceeds an amount that is $20 more than the
amount of estimated duties, taxes, and fees paid by
U.S. Customs and Border Protection under subparagraph
(A) for the claim, U.S. Customs and Border Protection
shall provide to the person that filed the claim an
additional refund in the amount by which the final
liquidated amount exceeds the amount of estimated
duties, taxes, and fees paid by U.S. Customs and Border
Protection.
``(2) Prior notice of export not required.--A person that
meets the requirements of paragraph (3) shall not be required
to provide notice to U.S. Customs and Border Protection of an
export of merchandise to be used in a claim for drawback under
this section before exporting the merchandise.
``(3) Requirements for claimants.--A person meets the
requirements of this paragraph if the person has completed the
following:
``(A) Submitted to U.S. Customs and Border
Protection information and supporting documentation
kept by the person in the normal course of business
that evidences the ability of the person to file for
and claim drawback under this section, which submission
shall--
``(i) be deemed complete when submitted to
U.S. Customs and Border Protection by the
person; and
``(ii) apply to all claims for drawback
filed by the person under this section after
the completion of the submission.
``(B) Obtained a properly executed bond securing,
pending liquidation of a drawback claim, repayment of
100 percent of the estimated duties, taxes, and fees
covered by the claim.
``(4) Electronic filings for drawback claims.--A person
making a claim for drawback under this section shall be allowed
to file an amendment to, or perfection of, a drawback claim
through electronic means.''.
(b) Prior Approval Not Required for Substitution Drawback.--Section
313(b) of the Tariff Act of 1930 (19 U.S.C. 1313(b)) is amended by
adding at the end the following:
``(5) Advance approval of claims not required.--A person
filing a claim for drawback under paragraph (1) shall not be
required to obtain any ruling or approval authorizing drawback
under that paragraph from the U.S. Customs and Border
Protection before filing the claim, but shall exercise
reasonable care in determining whether to obtain such a ruling
in advance of the filing.''.
(c) Regulations.--Not later than 180 days after the date of the
enactment of this Act, the Commissioner of U.S. Customs and Border
Protection shall prescribe regulations specifying the information
required to be included in submissions made under subsection (t) of
section 313 of the Tariff Act of 1930, as added by subsection (a).
SEC. 202. STREAMLINED EXPORT PROCESSES.
Section 304 of title 13, United States Code, is amended by adding
at the end the following:
``(d) Regulations Relating to Advance Information.--
``(1) In general.--The Secretary of Commerce shall
prescribe regulations to account for advance documentation or
information and reports described in subsection (a) made
available with respect to cargo before the exportation or
transportation of the cargo.
``(2) Consideration of timelines for submission.--In
prescribing regulations under paragraph (1), the Secretary
shall--
``(A) consider how the different business models of
persons submitting advance documentation or information
under subsection (a) impact the availability of the
documentation or information; and
``(B) adjust the timelines required for the
submission of that documentation or information as
appropriate.
``(3) Avoidance of redundancy.--If information relating to
the exportation or transportation of cargo provided under this
section or section 431 of the Tariff Act of 1930 (19 U.S.C.
1431) is redundant with information required to be provided
under any other provision of law, the Secretary shall, pursuant
to the regulations prescribed under paragraph (1), work jointly
with the Commissioner of U.S. Customs and Border Protection to
ensure that the provision of the information under this section
or such section 431 satisfies the requirement to provide the
information under such other provision of law, to the extent
practicable.''.
SEC. 203. TREATMENT OF CLERICAL ERRORS IN SUBMISSION OF EXPORT DATA.
Section 305(b) of title 13, United States Code, is amended--
(1) by striking ``The Secretary'' and inserting the
following:
``(1) In general.--The Secretary''; and
(2) by adding at the end the following:
``(2) Treatment of clerical errors.--For purposes of
paragraph (1), clerical errors or mistakes of fact are not
violations unless they are part of a pattern of violative
conduct. The mere nonintentional repetition by an electronic
system of an initial clerical error does not constitute a
pattern of violative conduct.''.
SEC. 204. GOVERNMENT ACCOUNTABILITY OFFICE REPORT ON FEE SCHEDULE OF
U.S. CUSTOMS AND BORDER PROTECTION.
Not later than one year after the date of the enactment of this
Act, the Comptroller General of the United States shall submit to
Congress a report on the fee schedule of U.S. Customs and Border
Protection that includes--
(1) an assessment of--
(A) how that schedule might be restructured; and
(B) ways--
(i) to reduce costs for the entities in the
trade community that are the most compliant
with the customs and trade laws of the United
States (as defined in section 2 of the Trade
Facilitation and Trade Enforcement Act of 2015
(19 U.S.C. 4301)); and
(ii) to ensure that all entities that
benefit from customs services provided by U.S.
Customs and Border Protection pay for those
services; and
(2) recommendations for Congress.
SEC. 205. IMPROVEMENTS TO CENTERS OF EXCELLENCE AND EXPERTISE.
Section 110(a) of the Trade Facilitation and Trade Enforcement Act
of 2015 (19 U.S.C. 4317(a)) is amended--
(1) in paragraph (8), by striking ``; and'' and inserting a
semicolon;
(2) in paragraph (9), by striking the period and inserting
a semicolon; and
(3) by adding at the end the following:
``(10) develop procedures, informed compliance
publications, or other guidance with respect to the entry of
merchandise in compliance with the law; and
``(11) provide guidance to importers on the post-entry and
clearance procedures for imported merchandise impacted by
admissibility issues including alleged violations of section
307 of the Trade Act of 1930 (19 U.S.C. 1307).''.
TITLE III--IMPROVING CUSTOMS DATA AND TRANSPARENCY
SEC. 301. REQUIREMENTS FOR REGULATIONS RELATING TO DATA COLLECTION FOR
TRADE ENFORCEMENT AND FACILITATION.
(a) Requirements for New Regulations.--In developing and imposing
regulations requiring the collection of additional information for the
purposes of trade enforcement and facilitation, each official described
in subsection (b) shall adhere to the following:
(1) The official shall solicit comments from and consult
with a broad range of parties likely to be affected by the
regulations, including importers, exporters, carriers, customs
brokers, platforms, and freight forwarders, and other
interested parties.
(2) In general, the requirement to provide particular
information shall be imposed on parties with direct knowledge
of that information, as appropriate. Where requiring
information from a party with direct knowledge of that
information is not practicable, the regulations shall take into
account how, under ordinary and reasonable commercial
practices, information is acquired by a party on which the
requirement is imposed, and whether and how such party is
reasonably able to verify the information. Where information is
not reasonably verifiable by a party on which a requirement is
imposed, the regulations shall permit that party to transmit
information on the basis of what the party reasonably believes
to be true based on commercially reasonable practices.
(3) The official shall take into account the existence of
competitive relationships among the parties on which
requirements to provide particular information are imposed.
(4) Where the regulations impose requirements on carriers
of cargo, the regulations shall take into account differences
among different modes of transportation, including differences
in commercial practices, operational characteristics, and
technological capacity to collect and transmit information
electronically.
(5) The regulations shall take into account the extent to
which the technology necessary for parties to transmit and U.S.
Customs and Border Protection to receive and analyze data in a
timely fashion is available. To the extent the official
determines that the necessary technology will not be widely
available to particular modes of transportation or other
affected parties until after promulgation of the regulations,
the regulations shall--
(A) provide interim requirements appropriate for
the technology that is available at the time of
promulgation; or
(B) other accommodations.
(6) In determining the timing for transmittal of any
information, the official shall balance likely impact on flow
of commerce with impact on trade enforcement. With respect to
requirements that may be imposed on carriers of cargo, the
timing for transmittal of information shall take into account
differences among different modes of transportation, as
described in paragraph (4).
(7) Where practicable, the regulations shall avoid imposing
requirements that are redundant with one another or that are
redundant with requirements in other provisions of law.
(8) The official shall determine whether it is appropriate
to provide transition periods between promulgation of the
regulations and the effective date of the regulations and shall
prescribe such transition periods in the regulations, as
appropriate, taking into account different business models.
(9) The official shall, in collaboration with the
Commissioner of U.S. Customs and Border Protection and the
Postmaster General, prescribe regulations requiring the United
States Postal Service to transmit the information described in
this subsection to the Commissioner of U.S. Customs and Border
Protection for international mail shipments by the Postal
Service (including shipments to the Postal Service from foreign
postal operators that are transported by private carrier).
(b) Officials Described.--The officials described in this
subsection are--
(1) the Secretary of the Treasury;
(2) the Secretary of Homeland Security; and
(3) the head of each agency represented on the Border
Interagency Executive Council established by section 101.
SEC. 302. UPDATES TO U.S. CUSTOMS AND BORDER PROTECTION WEBSITE AND
CUSTOMS-TRADE PARTNERSHIP AGAINST TERRORISM TRADE
COMPLIANCE HANDBOOK.
(a) Notification of Changes.--
(1) In general.--The Commissioner of U.S. Customs and
Border Protection shall consult with and notify members of the
trade community if content related to minimum security criteria
is added to or removed from the publicly accessible website of
U.S. Customs and Border Protection or the Trade Compliance
Handbook for the Customs-Trade Partnership Against Terrorism.
(2) Content of notifications.--A notification required by
paragraph (1) shall include a summary and explanation of the
reasons for the addition or removal of the content.
(3) Model.--The Commissioner shall use the process of the
United States International Trade Commission for disclosing
modifications to the Harmonized Tariff Schedule of the United
States as a model for the notification required by paragraph
(1).
(b) Additions to Trade Compliance Handbook.--In addition to
providing the notification required by subsection (a)(1), the
Commissioner shall consult with members of the trade community with
respect to any new requirements that may be added to the Trade
Compliance Handbook of the Customs-Trade Partnership Against Terrorism.
(c) Revisions to Trade Compliance Handbook.--The Commissioner shall
revise the Trade Compliance Handbook of the Customs-Trade Partnership
Against Terrorism to include constructive and detailed context for best
practices for mitigating the risk of importing merchandise produced
using forced labor.
(d) Consultations With Forced Labor Enforcement Task Force.--In
revising the Trade Compliance Handbook of the Customs-Trade Partnership
Against Terrorism under this section, the Commissioner shall consult
with the Forced Labor Enforcement Task Force to ensure consistent
messaging and streamlining of resources.
SEC. 303. ESTABLISHMENT OF DEADLINES FOR AGENCY RESPONSES TO TRADE
COMMUNITY REQUESTS.
(a) In General.--Not later than one year after the date of the
enactment of this Act, the Commissioner of U.S. Customs and Border
Protection--
(1) shall review any regulations governing deadlines for
rulings and decisions of U.S. Customs and Border Protection,
including with respect to petitions, protests, and requests for
advice, and customs rulings; and
(2) may, in consultation with members of the Commercial
Customs Operations Advisory Committee, revise such regulations.
(b) Updates to Existing Deadlines.--In a case in which a deadline
is already established for a response described in subsection (a), the
Commissioner shall--
(1) review the deadline; and
(2) if appropriate, revise the deadline to be more
expeditious.
(c) Report Required.--Not later than one year after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit to Congress and make available to the public a report on
rulings and decisions of U.S. Customs and Border Protection that
includes--
(1) an assessment of--
(A) the average annual number of rulings and
decisions described in subsection (a) considered by
U.S. Customs and Border Protection, including such
rulings and decisions that are not subject to a
statutory or regulatory deadline;
(B) the average response time of U.S. Customs and
Border Protection to petitions, protests, and requests
for advice, including the total amount of responses
made before and after the applicable statutory or
regulatory deadline;
(C) the average time for issuance of customs
rulings by U.S. Customs and Border Protection,
including the total amount of rulings issued before and
after the applicable statutory or regulatory deadline;
(D) for deadlines not met, the average time it took
for U.S. Customs and Border Protection to respond or
issue a ruling;
(E) reasons provided by U.S. Customs and Border
Protection explaining why the deadlines were not met;
and
(F) in the case of rulings and decisions not
subject to a statutory or regulatory deadline, reasons
for the length of time for issuing such rulings and
making such decisions;
(2) a description of the petition and protest process,
including timelines that apply under statutes or regulations as
of the date of the report; and
(3) recommendations for Congress on improving the time
taken by U.S. Customs and Border Protection to respond to
petitions, protests, and requests for advice and to issue
rulings.
SEC. 304. ACCESSIBILITY OF CONTACT INFORMATION OF REPRESENTATIVES OF
U.S. CUSTOMS AND BORDER PROTECTION AND CENTERS OF
EXCELLENCE AND EXPERTISE.
The Commissioner of U.S. Customs and Border Protection shall
develop a system to assist members of the trade community in quickly
and easily identifying up-to-date contact information for--
(1) personnel within the headquarters of U.S. Customs and
Border Protection that interact with members of the trade
community;
(2) personnel of U.S. Customs and Border Protection and
partner government agencies at ports of entry that interact
with members of the trade community; and
(3) personnel of the Centers of Excellence and Expertise
established under section 110 of the Trade Facilitation and
Trade Enforcement Act of 2015 (19 U.S.C. 4317) that interact
with members of the trade community.
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