Trade Seeks Confirmation of Bersin as CBP Commissioner Beyond 2011
On February 23, 2011, 11 trade organizations, including AAEI, NCBFAA, NRF and the Chamber of Commerce1 sent a letter to Senate Finance Committee Chairman Max Baucus (D) and Senator Orrin Hatch (R), in support of the confirmation of Alan Bersin as CBP Commissioner. If Bersin is not confirmed before the end of 2011, his term of office will expire.
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Orgs Say Bersin Could Modernize CBP for Betterment of Trade & Security
In their letter, the organizations state that upon assuming responsibilities of Commissioner, Bersin has taken steps to increase outreach to and participation from the private sector and has responded proactively by initiating action on a number of their recommendations.
The organizations also state that Bersin is working jointly within CBP and with industry to modernize CBP. In response to concerns raised by Congress and industry, Bersin has stated that enhanced security and trade facilitation are not mutually exclusive. The organizations state that Bersin is the type of leader CBP needs to modernize and change CBP for the betterment of security and trade. The letter state that Bersin has already set in motion meaningful change and that his leadership is needed to ensure that it continues.
Senate Did not Act on Bersin Nomination in 2009, Was Recess-Appointed in 2010
As previously reported in ITT, the President first submitted Bersin's nomination to the Senate for confirmation on September 29, 2009, but no action was taken. While the Senate recessed for a month in Spring 2010, the President made a recess appointment of Bersin as CBP Commissioner.
Baucus Opposed Bersin for Domestic Issues, said Senate Confirmation Needed After 2011
When a Senate Finance confirmation hearing was finally held on May 13, 2010, Chairman Baucus (D) opposed Bersin’s immediate confirmation due to his failure to properly complete and maintain Employment Eligibility Verification forms (I-9s) for a domestic hire.
Baucus stated that he would be monitoring Bersin’s performance, and that he would need Senate confirmation to continue as CBP Commissioner beyond 2011.
President Resubmitted Bersin’s Confirmation to Senate 3 More Times
Since Bersin's recess nomination, the President has resubmitted his nomination three times, most recently on January 26, 2011, as he has not yet been confirmed.
1The letter was signed by the following organizations:
American Association of Importers and Exporters
American Trucking Association
Business Coalition for Customs Modernization
Express Association of America
Joint Industry Group
National Customs Brokers and Forwarders Association of America
National Industrial Transportation League
National Retail Federation
U.S. Association of lmporters of Textiles and Apparel
U.S. Chamber of Commerce
World Shipping Council.
(See ITT's Online Archives or 03/29/10 news, 10032905, for BP summary of the President's recess appointment of Bersin as a nominee for CBP commissioner.
See ITT's Online Archives or 05/14/10 news, 10051435, for BP summary of the May 13, 2010 Senate Finance hearing on Bersin's nomination.
See ITT's Online Archives or 05/17/10 news, 10051761, for BP summary of Senate Finance putting Bersin on notice that his term is through 2011 if not confirmed as CBP Commissioner.
See ITT's Online Archives or 09/14/10 and 01/27/11 news, 10091403 and 11012724, for BP summaries of President re-submitting CBP commissioner nomination to Senate.)
Copy of the letter is available by emailing documents@brokerpower.com.