Senate's Customs Reauthorization Bill Would Require Joint Strategic Plan and More Advance Trade/Congressional Consultation

According to Senator Baucus, S. 1631 would direct Customs and Border Protection and Immigration and Customs Enforcement to make customs facilitation and trade enforcement a priority again. Among other things, the bill would emphasize CBP's commercial responsibilities, provide for additional Customs-Trade Partnership Against Terrorism benefits, establish a new entry facilitation trade partnership, create an interagency import safety working group, strengthen IPR enforcement, strengthen and expand the forced/child labor law, and revise the drawback statute.

CBP/ICE Joint Strategic Plan on Enforcement and Facilitation

No later than June 30, 2010, and every 2 years thereafter, the CBP Commissioner and ICE Director would be required to jointly develop and submit to specified congressional committees their Joint Strategic Plan, which would be a comprehensive multiyear plan for enforcing U.S. customs and trade laws and for facilitating U.S. international trade.

The Joint Strategic Plan would include the following as it pertains to enforcement of U.S. trade laws and facilitation of U.S. international trade:

a summary of actions taken to date, including a description and analysis of specific performance measures to evaluate CBP and ICE progress in meeting each such responsibility;

a statement of objectives and plans for further improvement;

a specific identification of priority trade issues that pose a high risk to public health and safety or to the public fisc (i.e., treasury), and a description of strategies and plans for addressing each such risk;

a description of efforts made to improve consultation and coordination among Federal agencies, and in particular between CBP and ICE;

a description of the training that has occurred to date within CBP and ICE;

a specific identification of any domestic or international best practices; and

any legislative recommendations.

CBP and ICE would be required to consult with specified Federal agencies, the Commercial Customs Operations Advisory Committee (CCOAC), the Trade Support Network (TSN), and appropriate foreign officials and private sector entities.

Enhanced Consultation with the Trade and Congress

S. 1631 would amend the Safety and Accountability for Every (SAFE) Port Act to enhance the current requirements for consultation with the trade community and Congress on DHS policies, actions, etc. on international trade and customs revenue functions by requiring the DHS Secretary to:

Trade consultation - consult with representatives of the business community involved in international trade, including seeking the advice and recommendations of the Commercial Operations Advisory Committee, not later than 30 days after proposing, and not later than 30 days before finalizing, any DHS policies, initiatives, or actions that would have a significant impact on international trade and customs revenue functions.

Congressional notification - notify the appropriate congressional committees not later than 60 days before proposing, and not later than 60 days before finalizing, any DHS policies, initiatives, or actions that would have a major impact on trade and customs revenue functions.

(See ITT's Online Archives or 08/07/09, 08/13/09, 08/14/09, 08/19/09, 08/20/09, 08/26/09, and 08/27/09 news, 09080715, 09081305, 09081405, 09081920, 09082015, 09082610, and 09082715, for previous BP summaries on 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 at http://finance.senate.gov/sitepages/leg/LEG%202009/080609%20Customs%20Section%20by%20Section.pdf.

S. 1631 available at http://finance.senate.gov/sitepages/leg/LEG%202009/080609%20Customs%20Reauthorization%20Bill.pdf.

Senator Baucus' floor statement on S. 1631 (dated 08/07/09) available at http://finance.senate.gov/press/Bpress/2009press/prb080709.pdf.