House Trade Subcom Announces Hearing to Develop Customs Reauthorization Bill
The House Ways and Means Committee’s Trade Subcommittee has issued a press release announcing that it will be holding a hearing on May 20, 2010 to review customs operations administered by U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement.
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Hearing Will Help Committee Develop Reauthorization Legislation
This hearing will focus on efforts by CBP and ICE to facilitate legitimate trade and enforce U.S. trade and other laws in a safe and secure environment, and help inform the Ways and Means Committee’s efforts to develop reauthorizing legislation.
(The Senate’s CBP reauthorization legislation, the Customs Facilitation and Trade Enforcement Reauthorization Act (S. 1631), was introduced in August 2009.)
The hearing will examine the following topics:
- what is needed for the successful and more timely implementation of the Automated Commercial Environment (ACE) and the International Trade Data System (ITDS);
- whether, and if so how, advanced data security initiatives such as “10+2” and security programs like the Customs-Trade Partnership Against Terrorism (C-TPAT) can provide security and better facilitate legitimate trade;
- whether the concept of “management by account” provides a possible new model for managing the importing process and facilitating legitimate trade;
- a review of CBP’s structure, policies and operations, and whether they are adequately supporting its trade facilitation and commercial enforcement functions; and
- CBP and ICE challenges in revenue collection and customs enforcement.
Much Has Changed Since Last Comprehensive Review by Committee in 2006
The Subcommittee notes that the Ways and Means Committee has not conducted a comprehensive review of the structure and resources of CBP and ICE from a commercial operations and customs enforcement perspective since July 2006. According to the Subcommittee:
Trade functions. Since that time, there has been growing concern that, in particular, CBP’s modernization of trade functions, facilitation of trade, and enforcement of traditional customs laws have appeared to lag while the agency tightened security screening of passengers and cargo.
Advance data, partnership programs. In responding to the threat of terrorism, CBP and the importing community have made large investments to better secure international supply chains through advance submissions of passenger and cargo security data, and partnership programs between government and business. The hearing will explore whether there are ways to make these cargo security-related investments and commitments work to smooth movements of legitimate trade by trusted partners, while also using these powerful targeting and screening tools to further compliance with the customs and trade laws of the U.S.
Traditional customs laws, revenue collection. With respect to enforcement of traditional customs laws and revenue collection, there is criticism that CBP is falling short. Major issues include allegedly growing fraudulent practices to avoid antidumping duties and calls for improvements in intellectual property rights and textile enforcement. This hearing will explore to what extent, if any, additional resources, authorities, or structural changes are needed to ensure that U.S. customs and trade laws are enforced.
- Hearing on 05/20/10
- Comments are due by 06/03/10
Press release (TR-6, dated 05/13/10) available at http://waysandmeans.house.gov/Hearings/hearingDetails.aspx?NewsID=11181.