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Federal Register / Vol. 86, No. 173 / Friday, September 10, 2021 / Proposed Rules
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Committee Act, as amended 5 U.S.C.
App., whether online or in-person;
iii The preparation of a subject matter for presentation as an instructor, discussion leader, or speaker at a training or educational activity described in paragraphs a2i and ii of this section, subject to the requirements set forth in paragraph b of this section; and iv The presentation of a subject matter as an instructor, discussion leader, or speaker at a training or educational activity described in paragraph a2i or ii of this section, subject to the requirements set forth in paragraph b of this section.
b Special allowance for instructors, discussion leaders, and speakers. 1
Contingent upon the approval by a CBPselected accreditor, an individual broker may claim one continuing education credit for each full 60 minutes spent:
i Presenting subject matter as an instructor, discussion leader, or speaker at a training or educational activity described in paragraph a2i or ii of this section; or ii Preparing subject matter for presentation as an instructor, discussion leader, or speaker at a training or educational activity described in paragraph a2i or ii of this section.
2 The special allowance for instructors, discussion leaders, and speakers is subject to the following limitations:
i For any session of presentation given at one time, regardless of the duration of that session, an individual broker may claim, at a maximum, one continuing education credit for the time spent preparing subject matter for that presentation pursuant to paragraph b1ii of this section.
ii Per triennial period, an individual broker may claim, at a maximum, a combined total of 12 continuing education credits earned in accordance with paragraphs b1i and ii of this section.
3 Regardless of whether the training or educational activity is offered by a U.S. Government agency or another provider, any instructor, discussion leader, or speaker seeking to claim continuing education credit in accordance with paragraph b1 of this section must obtain the approval of a CBP-selected accreditor.

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c Selection of accreditors. The Office of Trade will select accreditors based on a Request for Information RFI and a Request for Proposal RFP announced through the System for Award Management SAM or any other electronic system for award management approved by the U.S.
General Services Administration, in accordance with the Federal Acquisition Regulation 48 CFR chapter 1, for a specific period of award, subject to renewal. The Executive Assistant Commissioner, Office of Trade, will periodically publish notices in the Federal Register announcing the criteria that CBP will use to select an accreditor, the period during which CBP will accept applications by potential accreditors, and the period of award for a CBP-selected accreditor.
d Responsibilities of CBP-selected accreditors. CBP-selected accreditors administer the accreditation of trainings or educational activities other than those described in paragraph a1 of this section for the purpose of the continuing broker education requirement by reviewing and approving or denying such educational content for continuing education credit.
A CBP-selected accreditors approval of a training or educational activity for continuing education credit is valid for one year, and the accreditation may be renewed through any CBP-selected accreditor.
e Prohibition of self-certification by an accreditor. CBP-selected accreditors may not approve their own trainings or educational activities for continuing education credit.
111.104 Failure to report and certify compliance with continuing broker education requirement.

a Notification by CBP. If an individual broker is subject to the continuing broker education requirement pursuant to 111.102 and submits a status report as required under 111.30d2, but fails to report and certify compliance with the continuing broker education requirement as part of the submission of the status report, then CBP will notify the individual broker of the brokers failure to report and certify compliance in accordance with 111.30d. The notification will be sent to the address
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reflected in CBPs records, or transmitted electronically pursuant to any electronic means authorized by CBP
for that purpose.
b Required response to notice. Upon the issuance of such notification, the individual broker must within 30
calendar days:
1 Submit a corrected status report that, in accordance with 111.30d, reflects the individual brokers compliance with the continuing broker education requirement, if the individual broker completed the required number of continuing education credits but failed to report and certify compliance with the requirement as part of the submission of the status report; or 2 Complete the required number of continuing education credits of qualifying continuing broker education and submit a corrected status report that, in accordance with 111.30d, reflects the brokers compliance with the continuing broker education requirement, if the individual broker had not completed the required number of continuing education credits at the time the status report was due.
c Suspension of license. Unless the individual broker takes the corrective actions described in paragraph b1 or 2 of this section within 30 calendar days of the issuance of the notification described in paragraph a of this section, CBP will take actions to suspend the individual brokers license in accordance with subpart D of this part.
d Revocation of license. If the individual brokers license has been suspended pursuant to paragraph c of this section and the individual broker fails to take the corrective actions described in paragraph b1 or 2 of this section within 120 calendar days upon the issuance of the order of suspension, CBP will take actions to revoke the individual brokers license without prejudice to the filing of an application for a new license in accordance with subpart D of this part.
Alejandro N. Mayorkas, Secretary, Department of Homeland Security.
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