Customs Reauthorization Bill Introduced in Senate
On August 6, 2009, Senate Finance Committee leaders Baucus (D) and Grassley (R) introduced the "Customs Facilitation and Trade Enforcement Reauthorization Act of 2009" (S.1631) to strengthen customs facilitation and trade enforcement efforts within U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement.
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Highlights of Customs Reauthorization Bill
According to a Senate Finance Committee press release, highlights of S. 1631 include:
Trade enforcement. The bill would require CBP and ICE to prepare a biennial Joint Strategic Plan outlining the agencies' plans to improve customs-related trade enforcement. It also would require CBP to develop risk assessment methodologies to better target cargo that may violate U.S. customs and trade laws while facilitating legitimate trade and to use available import data collected by the agency in its commercial targeting. The bill would also expand existing law to prohibit the importation of goods made with forced, convict or indentured labor.
Import safety working group. The bill would establish an interagency Import Safety Working Group, chaired by the Department of Homeland Security Secretary with the Secretary of Health and Human Services serving as vice-chair, to ensure the safety of U.S. imports. The working group would assist the DHS Secretary in developing a Joint Import Safety Rapid Response Plan that describes CBP's coordination efforts with other Federal agencies to respond to imports that pose a threat to the health or safety of consumers. It would also require CBP and other federal, state and local agencies to practice their response plans at U.S. ports of entry. The bill would require CBP to train port personnel to respond to import health and safety threats.
IPR enforcement. The bill would establish the National Intellectual Property Rights Coordination Center within ICE to coordinate federal efforts to prevent the importation or exportation of goods that violate intellectual property rights. It also would strengthen Customs targeting efforts to detect goods that violate IPR and require CBP to dedicate port personnel with primary responsibility for enforcing IPR. The bill would streamline CBP's copyright recordation process and provides CBP with the explicit authority to seize unlawful circumvention devices.
C-TPAT and new facilitation partnership program. The bill would require the DHS Secretary to identify concrete trade benefits for participants in the Customs-Trade Partnership Against Terrorism Program. It also would establish a new Customs Facilitation Partnership Program that provides trade facilitation benefits for entities that have a history of complying with U.S. customs and trade laws.
Customs automation, drawback reform. The bill would direct the authorization of additional funding for the Automated Commercial Environment and International Trade Data System and requires CBP to develop a timeline for completing the implementation of the systems. The bill would also streamline the duty drawback process, requiring that drawback claims be filed electronically and impose objective drawback eligibility requirements.
New high level trade positions. The bill would create a new Principal Deputy Commissioner and Office of Trade within CBP with primary responsibility for the agency's trade mission. It would also create a new division within the Office of Field Operations to improve customs facilitation and trade enforcement at U.S. ports and a new Trade Advocate to act as a liaison between CBP and the private sector.
Consultation, interagency coordination, oversight. The bill would require DHS to consult with Congress before proposing or finalizing any new trade-related policies or regulations. It would also establish a new interagency Customs Review Board to ensure that proposed changes to CBP's rules or regulations are consistent with U.S. international trade obligations. The bill would reform the existing CBP and ICE advisory committee to improve consultations between agencies and the private sector.
Statutorily establish CBP and ICE within the DHS. The bill would establish and fully authorize CBP and ICE, which currently exist only as a function of discretionary authority under the Homeland Security Act. The bill would also require each agency to prioritize its customs facilitation and trade enforcement missions.
See future issue of ITT for complete details of S. 1631.
Senate Finance Committee press release (dated 08/06/09) available at http://finance.senate.gov/press/Bpress/2009press/prb080609.pdf.
Senate Finance Committees section-by-section summary available by emailing documents@brokerpower.com.
S. 1631 available by emailing documents@brokerpower.com.