Highlights of House-Passed SAFE Port Act (Part V - Final)

(Although the House has passed H.R. 4954, it is not in effect. Generally, in order for a bill to be implemented, identical versions of that bill must be passed by both the House and Senate and then the bill must be approved (enacted) by the President.)

This is Part V, the final part of a multi-part series of summaries on H.R. 4954 and provides highlights of the bill's provisions on consultation with representatives of the business community, congressional committees, a study and report on Customs revenue functions, and a study and report on the National Targeting Center.

Consultation with Business Community on Trade & Customs Revenue Functions

H.R. 4954 would require the DHS Secretary (Secretary) and Under Secretary for Policy to consult with representatives of the business community involved in international trade, including seeking the advice and recommendations of the Commercial Operations Advisory Committee (COAC), on DHS policies and actions that have a significant impact on international trade and customs revenue functions.

Consultation with COAC before finalization of policies, etc. H.R. 4954 would require the Secretary to seek the advice and recommendations of COAC on any proposed DHS policies, initiatives, actions, or organizational reforms that will have a major impact on trade and customs revenue functions not later than 45 days prior to the finalization of the policies, initiatives, actions, or organizational reforms.

However, H.R. 4954 states that if the Secretary determines that it is important to the national security interest to finalize any proposed DHS policies, initiatives, actions or organizational reforms prior to the provision of advice by COAC, the Secretary shall seek such advice and recommendations not later than 30 days after the date on which the policies, etc. are finalized and, to the extent appropriate, modify the policies, etc. based upon the advice and recommendations of COAC.

Consultation with Congress to relay COAC recommendations, etc. H.R. 4954 would also require the Secretary to consult with and provide any recommendations of COAC received under the above provision to the appropriate congressional committees not later than 30 days prior to finalization of any DHS policies, initiatives, actions, or organizational reforms that will have a major impact on trade and customs revenue functions.

However, H.R. 4954 states that if the Secretary determines that it is important to the national security interest to finalize any DHS policies, initiatives, actions, or organizational reforms prior to consultation with appropriate congressional committees, the Secretary shall consult with and provide any recommendations of COAC received under the above provisions to the appropriate congressional committees not later than 45 days after the date on which the policies, etc. are finalized and to the extent appropriate, modify the policies, etc. based upon consultations with the appropriate congressional committees.

GAO Study on DHS Maintenance of Customs Revenue Functions

H.R. 4954 would require the General Accountability Office (GAO), not later than 180 days after enactment, to conduct a study evaluating the extent to which DHS is meeting its obligations under section 412(b) of the Homeland Security Act of 2002 (6 USC 212(b)) with respect to the maintenance of customs revenue functions.

(6 USC 212(b)(1) states, among other things, that the Secretary may not consolidate, discontinue, or diminish the functions specified in 6 USC 212(b)(2), reduce the staffing level, or reduce resources attributable to such functions, etc.

The functions specified in 6 USC 212(b)(2) are the functions performed prior to the creation of DHS by import specialists, entry specialists, drawback specialists, fines and penalties specialists, attorneys of the Office of Regulations and Rulings, etc.)

According to H.R. 4954, the GAO study shall include an analysis of:

the extent to which the customs revenue functions carried out by the former U.S. Customs Service have been consolidated with other functions of DHS (including the assignment of non-customs revenue functions to personnel responsible for customs revenue collection), discontinued, or diminished following the transfer of the U.S. Customs Service to DHS;

the extent to which staffing levels or resources attributable to customs revenue functions have decreased since the transfer of Customs to DHS; and

the extent to which the management structure created by DHS ensures effective trade facilitation and customs revenue collection.

Report on National Targeting Center

The Secretary would be required to conduct a study to assess the activities of CBP's National Targeting Center (NTC). The report containing the results of the study and recommendations to improve and strengthen the activities of the NTC would be required to be submitted to appropriate congressional committees not later than 180 days after enactment.

(See ITT's Online Archives or 05/08/06 news, 06050805, for BP summary on the passage of H.R. 4954 and the amendments which were adopted prior to passage.

See ITT's Online Archives or 05/10/06, 05/11/06, 05/15/06, and 05/16/06 news, 06051010, 06051110, 06051505, and 06051615, for Parts I - IV of this multi-part series of summaries.)

H.R. 4954 available at http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=109_cong_bills&docid=f:h4954eh.txt.pdf.