Details of Conference Version of "SAFE" Port Act (Part VIII)

(The House and Senate passed (agreed to) the conference version of H.R. 4954 on September 30, 2006.)

This is Part VIII of a multipart series of summaries of the conference version of H.R. 4954 and provides highlights of H.R. 4954 regarding U.S. Customs and Border Protection (CBP) staffing and other resources. See future issues of ITT for additional summaries of the conference version of H.R. 4954.

Allocation of CBP Staffing and Other Resources

The conference version of H.R. 4954 will amend section 301 of the Customs Procedural Reform and Simplification Act of 1978 (19 U.S.C. 2075) by adding at the end the following provisions (partial list):

Staffing and revenue resource allocation model. Not later than June 30, 2007, and every 2 years thereafter, the Commissioner of U.S. Customs and Border Protection (Commissioner) shall prepare and submit to certain Congressional committees a Resource Allocation Model (Model) to determine the optimal staffing levels required to carry out the commercial operations of CBP, including commercial inspection and release of cargo and the revenue functions described in section 412(b)(2) of the Homeland Security Act of 2002 (6 U.S.C. 212(b)(2)).

The Model shall comply with the requirements of section 412(b)(1) of such Act and shall take into account previous staffing models, historic and projected trade volumes, and trends. The Model shall apply both risk-based and random sampling approaches for determining adequate staffing needs for priority trade functions, including:

performing revenue functions;

enforcing antidumping and countervailing duty laws;

protecting intellectual property rights;

enforcing provisions of law relating to trade in textiles and apparel;

conducting agricultural inspections;

enforcing fines, penalties, and forfeitures; and

facilitating trade.

Personnel. Not later than September 30, 2007, the Commissioner shall ensure that the requirements of section 412(b) of the Homeland Security Act of 2002 (6 U.S.C. 212(b)) are fully satisfied and shall report to certain Congressional committees regarding the implementation of this subparagraph.

Hiring of additional CBP Officers. In addition, the Model shall provide for the hiring of a minimum of 200 additional CBP Officers per year for each of the fiscal years (FYs) 2008 through 2012. The Commissioner shall hire such additional Officers subject to the appropriation of funds to pay for the salaries and expenses of such Officers. In assigning the 1,000 additional Officers authorized by this provision, the Commissioner shall:

consider the volume of trade and the incidence of nonvoluntarily disclosed customs and trade law violations in addition to security priorities among U.S. ports of entry; and

before October 1, 2010, assign at least 10 additional Officers among each service port and the ports of entry serviced by such service port, except as provided in the paragraph below.

Assignment of CBP officers. In assigning such Officers, the Commissioner shall consult with the port directors of each service port and the other ports of entry serviced by such service port. The Commissioner shall not assign an Officer to a port of entry pursuant to the above-described requirement that at least 10 additional Officers be assigned to each service port and ports of entry by October 1, 2010 if the port director of the service port that services such port of entry certifies to the Commissioner that an additional Officer is not needed at such port of entry.

Not later than 60 days after the beginning of each of the FYs 2008 through 2012, the Commissioner shall submit a report to certain Congressional committees, that describes how the additional Officers authorized under the above-described provisions will be allocated among the ports of entry in the U.S. in accordance with the above provisions concerning the assignment of CBP officers.

Appropriations for meeting hiring requirements. In addition to any monies hereafter appropriated to CBP in the Department of Homeland Security (DHS), there are authorized to be appropriated for the purpose of meeting the above-described requirements for hiring additional CBP officers in FY 2008-2012:

$36,000,000 for FY 2008;

$75,000,000 for FY 2009;

$118,000,000 for FY 2010;

$165,000,000 for FY 2011; and

$217,000,000 for FY 2012.

Report on commercial and trade facilitation functions. Not later than 30 days after the end of each FY, the Commissioner shall report to certain Congressional committees on the resources directed to commercial and trade facilitation functions within the Office of Field Operations for the preceding FY. Such information shall be reported for each category of personnel within the Office of Field Operations.

Additional staffing for regulations to implement trade agreements. Not later than 30 days after the date of the enactment, the Commissioner shall designate and maintain not less than 5 attorneys within the Office of International Trade established pursuant to section 2 of the Act of March 3, 1927 (44 Stat. 1381, chapter 348; 19 U.S.C. 2072), with responsibility for the prompt development and promulgation of regulations necessary to implement any trade agreement entered into by the U.S., in addition to any other responsibilities assigned by the Commissioner.

(See ITT's Online Archives or 10/04/06, 10/05/06, 10/06/06, 10/10/06, 10/11/06, 10/12/06 news, and 10/13/06, 06100410, 06100510, 06100610, 06101005, 06101110, 06101205, and 06101315, for Parts I through VII of BP summary on the conference version of H.R. 4954.

See ITT's Online Archives or 10/02/06 news, 06100205, for BP summary of the House and Senate's passage of the conference version of H.R. 4954.

See ITT's Online Archives or 05/18/06 news, 06051810, for the final part of BP's five part summary on the House-passed version of H.R. 4954.

See ITT's Online Archives or 09/04/03 news, 03090405, for BP summary of DHS and Treasury final rule on Customs revenue functions.)

Conference Version of H.R. 4954 is available athttp://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=109_cong_bills&docid=f:h4954enr.txt.pdf

White House Press Release on Signing (dated 10/13/06) available at http://www.whitehouse.gov/news/releases/2006/10/20061013-2.html