19 U.S.C. § 4318 — Commercial risk assessment targeting and

Page 1098 TITLE 19—CUSTOMS DUTIES § 4318 (6) any planned changes in the number, scope, functions, or any other aspect of the Centers of Excellence and Expertise developed and implemented under subsection (a). (Pub. L. 114–125, title I, § 110, Feb. 24, 2016, 130 Stat. 138.) § 4318. Commercial risk assessment targeting and trade alerts (a) Commercial risk assessment targeting In carrying out its duties under section 211(g)(4) of title 6, the National Targeting Cen- ter, in coordination with the Office of Trade es- tablished under section 2084 of this title, as ap- propriate, shall— (1) establish targeted risk assessment meth- odologies and standards— (A) for evaluating the risk that cargo des- tined for the United States may violate the customs and trade laws of the United States, particularly those laws applicable to mer- chandise subject to the priority trade issues described in section 4322 of this title; and (B) for issuing, as appropriate, Trade Alerts described in subsection (b); (2) to the extent practicable and otherwise authorized by law, use, to administer the methodologies and standards established under paragraph (1)— (A) publicly available information; (B) information available from the Auto- mated Commercial System, the Automated Commercial Environment, the Automated Targeting System, the Automated Export System, the International Trade Data Sys- tem established under section 1411(d) of this title, the TECS (formerly known as the ‘‘Treasury Enforcement Communications System’’), the case management system of U.S. Immigration and Customs Enforce- ment, and any successor systems; and (C) information made available to the Na- tional Targeting Center, including informa- tion provided by private sector entities; (3) provide for the receipt and transmission to the appropriate U.S. Customs and Border Protection offices of allegations from inter- ested parties in the private sector of viola- tions of customs and trade laws of the United States with respect to merchandise relating to the priority trade issues described in section 4322 of this title; and (4) notify, on a timely basis, each interested party in the private sector that has submitted an allegation of any violation of the customs and trade laws of the United States of any civil or criminal actions taken by U.S. Cus- toms and Border Protection or any other Fed- eral agency resulting from the allegation. (b) Trade Alerts (1) Issuance In carrying out its duties under section 211(g)(4) of title 6 and based upon the applica- tion of the targeted risk assessment meth- odologies and standards established under sub- section (a), the Executive Director of the Na- tional Targeting Center may issue Trade Alerts to directors of United States ports of entry directing further inspection, or physical examination or testing, of specific merchan- dise to ensure compliance with all applicable customs and trade laws of the United States and regulations administered by U.S. Customs and Border Protection. (2) Determinations not to implement Trade Alerts The director of a United States port of entry may determine not to conduct further inspec- tions, or physical examination or testing, pur- suant to a Trade Alert issued under paragraph (1) if the director— (A) finds that such a determination is jus- tified by port security interests; and (B) not later than 48 hours after making the determination, notifies the Assistant Commissioner of the Office of Field Oper- ations of U.S. Customs and Border Protec- tion of the determination and the reasons for the determination. (3) Summary of determinations not to imple- ment The Assistant Commissioner of the Office of Field Operations of U.S. Customs and Border Protection shall— (A) compile an annual summary of all de- terminations by directors of United States ports of entry under paragraph (2) and the reasons for those determinations; (B) conduct an evaluation of the utiliza- tion of Trade Alerts issued under paragraph (1); and (C) not later than December 31 of each cal- endar year, submit the summary to the ap- propriate congressional committees. (4) Inspection defined In this subsection, the term ‘‘inspection’’ means the comprehensive evaluation process used by U.S. Customs and Border Protection, other than physical examination or testing, to permit the entry of merchandise into the United States, or the clearance of merchandise for transportation in bond through the United States, for purposes of— (A) assessing duties; (B) identifying restricted or prohibited items; and (C) ensuring compliance with all applica- ble customs and trade laws of the United States and regulations administered by U.S. Customs and Border Protection. (Pub. L. 114–125, title I, § 111, Feb. 24, 2016, 130 Stat. 139.) Editorial Notes CODIFICATION Section is comprised of section 111 of Pub. L. 114–125. Subsec. (c) of section 111 of Pub. L. 114–125 amended section 1415 of this title. § 4319. Report on oversight of revenue protection and enforcement measures (a) In general Not later than June 30, 2016, and not later than March 31 of each second year thereafter, the In- spector General of the Department of the Treas-