Sec. 202. Trade facilitation partnership program
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Title IV of the Tariff Act of 1930 (19 U.S.C. 1401 et seq.) is amended by adding at the end the following: The Commissioner of U.S. Customs and Border Protection (in this section referred to as the Commissioner ) shall establish a voluntary government–private sector program or modify an existing such program to enhance trade facilitation and trade enforcement and to provide trade benefits developed under subsection
(c)to qualified persons. For purposes of this section, the term qualified person means a person that— is involved in the entry of merchandise into the United States, including as an intermodal transportation system provider, contract logistics provider, air, land, or sea carrier, customs broker, importer, or forwarder; and demonstrates compliance with the requirements established under subsection
(e)in accordance with the procedures established under subsection (d). The Commissioner shall, in consultation with the entities specified in paragraph (3), develop enhanced commercially significant and measurable trade benefits to be provided to qualified persons. The trade benefits developed under paragraph
(1)shall— be designed to expedite the release of merchandise of qualified persons upon arrival of the merchandise in the United States; and include— consideration of the status of persons as qualified persons for the purposes of commercial targeting under section 211(c) of the Trade Facilitation and Trade Enforcement Reauthorization Act of 2013 ; to the extent practicable, giving priority to qualified persons with respect to the clearance of merchandise during activities to resume trade after any disruption to the processing of merchandise entering the United States; providing preclearance of merchandise for qualified persons that demonstrate the highest levels of compliance with the customs and trade laws of the United States, regulations of the U.S. Customs and Border Protection Agency, and requirements established under subsection (e); and any other trade benefits the Commissioner determines appropriate for achieving the goals of the program under subsection (a). The entities specified in this paragraph are— the Customs Operations Advisory Committee established under section 205 of the Trade Facilitation and Trade Enforcement Reauthorization Act of 2013 ; the Trade Support Network (as defined in section 2 of that Act); the Committee on Finance of the Senate; and the Committee on Ways and Means of the House of Representatives. The Commissioner shall establish procedures with respect to the following: Submission and approval of applications to receive trade benefits under the program under subsection (a). Verification that an applicant to receive trade benefits under the program is a qualified person. Reverification that a person receiving trade benefits under the program continues to be a qualified person. Withdrawal of trade benefits from a person that the Commissioner determines is not a qualified person. Appeals of decisions of the Commissioner under this section. The Commissioner, in consultation with the entities specified in subsection (c)(3)— shall establish requirements for receiving trade benefits under the program under subsection (a); and may establish multiple tiers of requirements and trade benefits under the program. The minimum requirements for a person to receive trade benefits under the program under subsection
(a)are the following: The certification of the person as a member of the Customs–Trade Partnership Against Terrorism established under subtitle B of title II of the Security and Accountability for Every Port Act of 2006 ( 6 U.S.C. 961 et seq. ) or an equivalent certification in a successor program. A history of compliance by the person with the customs and trade laws of the United States and regulations of the U.S. Customs and Border Protection Agency. The Commissioner shall collaborate with the head of each Federal agency with authority to detain and release merchandise entering the United States to develop benefits to be provided to persons that receive trade benefits under the program under subsection
(a)and that import merchandise into the United States that requires clearance by that agency, including— the submission to, and retrieval of information from, that agency relating to the entry and release of that merchandise through the Automated Commercial Environment, or its predecessor, and the International Trade Data System; the preclearance of that merchandise by that agency through the Automated Commercial Environment or its predecessor to the extent possible; and any other benefits that the Commissioner and the head of that agency determine appropriate. The Commissioner, in consultation with the Customs Operations Advisory Committee established under section 205 of the Trade Facilitation and Trade Enforcement Reauthorization Act of 2013 , shall establish procedures to safeguard confidential data collected, stored, or shared with the U.S. Customs and Border Protection Agency or any other Federal agency pursuant to this section. In this section, the term customs and trade laws of the United States has the meaning given that term in section 2 of the Trade Facilitation and Trade Enforcement Reauthorization Act of 2013 . . Not later than 90 days after the date of the enactment of this Act, the Commissioner shall publish a notice in the Federal Register setting forth the requirements of section 499A of the Tariff Act of 1930, as added by subsection (a), and seeking public comments on the development and implementation of the program under that section.
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