CBP Commissioner to Leave at Year's End if No Senate Confirmation
Concerns are being voiced about whether CBP Commissioner Bersin will be confirmed before his “recess appointment” term expires at the end of 20111. Although Bersin has support in the trade community, the lack of movement by the Senate Finance Committee indicates it still has reservations about the nomination or is having trouble finding a path forward. It is not known if there will be a breakthrough to allow Bersin to stay.
Sign up for a free preview to unlock the rest of this article
Communications Daily is required reading for senior executives at top telecom corporations, law firms, lobbying organizations, associations and government agencies (including the FCC). Join them today!
Committee Has Had Concerns About Bersin’s Nomination Since 2010
When the Senate Finance Committee held its confirmation hearing in May 2010, Senate Finance Committee Chairman expressed opposition to Bersin’s immediate confirmation due to his failure to properly complete and maintain Employment Eligibility Verification forms (I-9s) for his domestic hires.
Reasons offered by some for the Committee’s continued failure to act on the Bersin nomination include the Administration’s decision to bypass the Committee and make Bersin a recess appointment, dissatisfaction by the Committee with the Administration’s handling of the Committee’s requests for additional information and clarification, etc.
Committee Had Asked Bersin for More Trade Facilitation, Better Management of ACE Development
At Bersin’s May 2010 nomination hearing, Senate Finance Committee leaders emphasized the importance of trade facilitation and voiced concern about cost overages and delays with the Automated Commercial Environment.
It is not known whether CBP’s progress on these two areas will influence the Senate Finance Committee to act on Bersin’s nomination.
Trade and Others Have Been Expressing Support for Bersin’s Nomination
On February 23, 2011, 11 trade organizations, including AAEI, NCBFAA, NRF and the Chamber of Commerce sent a letter to the Senate Finance Committee in support of the confirmation of Alan Bersin as CBP Commissioner.
On May 27, 2011, a larger group of 23 trade organizations (including the Border Trade Alliance, USA-ITA, the Canadian Chamber of Commerce, and others) sent a letter to the President expressing support for the nomination of Bersin and urging Senate confirmation.
More recently, on August 10, 2011, the International Association of Chiefs of Police sent a letter to Senate Finance Committee leaders expressing support for the Bersin nomination.
1The 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. Since Bersin's recess nomination, the President has resubmitted his nomination three times, most recently on January 26, 2011, and he has not yet been confirmed.
(See ITT’s Online Archives 11022520 for summary of February 23, 2011 trade association letter.
See ITT’s Online Archives 10051761 and 10051435 for summaries of Senate Finance Committee’s confirmation hearing.
See ITT’s Online Archives or 10033105 for BP summary of Bersin’s recess appointment.)
Copies of May 27, 2010 trade association letter available by emailing documents@brokerpower.com.
August 10, 2011 letter available here