Details of Conference Version of "SAFE" Port Act (Part IX)
On October 13, 2006, President Bush signed into law the conference version of H.R. 4954, entitled the "Security and Accountability for Every Port Act of 2006" (SAFE Port Act), a measure intended to improve maritime and cargo security through enhanced layered defenses, and for other purposes.
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(The House and Senate passed (agreed to) the conference version of H.R. 4954 on September 30, 2006.)
This is Part IX of a multipart series of summaries of the conference version of H.R. 4954 and provides highlights of H.R. 4954 regarding the establishment of an Office of International Trade. See future issues of ITT for additional summaries of the conference version of H.R. 4954.
Establishment of a CBP Office of International Trade
The conference version of H.R. 4954 provides for the establishment within U.S. Customs and Border Protection (CBP) of an Office of International Trade that shall be headed by an Assistant Commissioner.
Functions of CBP's Office of Strategic Trade and OR&R to be transferred to new Office of International Trade, old offices then to be abolished. The conference version of H.R. 4954 states that not later than 90 days after enactment, the CBP Commissioner shall transfer the assets, functions, and personnel ("functions") of the Office of Strategic Trade and the Office of Regulations and Rulings (OR&R) to the Office of International Trade established pursuant to the conference version of H.R. 4954 and the Office of Strategic Trade and OR&R shall be abolished.
No funds appropriated to CBP may be used to transfer the functions of the Office of Strategic Trade or OR&R, to an office other than the new Office of International Trade.
Other functions may be transferred to the new Office of International Trade. The conference version of H.R. 4954 authorizes the Commissioner to transfer any other functions within CBP to the Office of International Trade established pursuant to the conference version of H.R. 4954.
Not less than 45 days prior to each such transfer, the Commissioner shall notify specified congressional committees of the specific functions to be transferred, and the reason for such transfer.
Not later than 1 year after any reorganization pursuant to these transfers takes place, the Commissioner, in consultation with the Commercial Operations Advisory Committee (COAC), shall report to specified congressional committees with an assessment of the impact of, and any suggested modifications to, such reorganization.
Restrictions on transferring textile enforcement functions to new Office of International Trade. Notwithstanding any other provision of law, the CBP Commissioner is prohibited from transferring any functions from U.S. ports of entry, associated with the enforcement of laws relating to trade in textiles and apparel, to the Office of International Trade established pursuant to the conference version of H.R. 4954, until the following conditions are met:
- the Commissioner submits the initial Resource Allocation Model and includes in such Resource Allocation Model a section addressing the allocation of functions associated with the enforcement of laws relating to trade in textiles and apparel.
- the Commissioner consults with specified congressional committees regarding any subsequent transfer of functions associated with the enforcement of laws relating to trade in textiles and apparel, not less than 45 days prior to such transfer.
The conference version of H.R. 4954 states that no funds appropriated to CBP may be used to transfer the functions associated with the enforcement of laws relating to trade in textiles and apparel, before the Commissioner consults with specified congressional committees.
International Trade Committee of government officials to be established. The conference version of H.R. 4954 requires the Commissioner to establish an International Trade Committee, to be chaired by the Commissioner, and to include the Deputy Commissioner, the Assistant Commissioner in the Office of Field Operations, the Assistant Commissioner in the Office of Finance, the Assistant Commissioner in the Office of International Affairs, the Assistant Commissioner in the Office of International Trade, the Director of the Office of Trade Relations, and any other official determined by the Commissioner to be important to the work of the Committee.
The International Trade Committee shall:
be responsible for advising the Commissioner with respect to the commercial customs and trade facilitation functions of CBP;
assist the Commissioner in coordinating with the Secretary regarding commercial customs and trade facilitation functions; and
oversee the operation of all programs and systems that are involved in the assessment and collection of duties, bonds, and other charges or penalties associated with the entry of cargo into the U.S., or the export of cargo from the U.S., including the administration of duty drawback and the collection of antidumping and countervailing duties.
International Trade Committee to submit an annual report to Congress. Not later than 30 days after the end of each fiscal year, the International Trade Committee shall submit a report to specified congressional committees which (1) details the activities of the International Trade Committee during the preceding fiscal year; and (2) identifies the priorities of the International Trade Committee for the fiscal year in which the report is filed.
(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, 10/13/06, and 10/16/06 news, 06100410, 06100510, 06100610, 06101005, 06101110, 06101205, 06101315, and 06101615, for Parts I through VIII 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.)
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
BP Note
On September 13, 2006, CBP announced that it would consolidate its trade policy, program development and compliance measurement functions into a single Office of Trade (now referred to as the Office of International Trade in certain CBP issuances). According to CBP, this new office will embark on its mission on October 15, 2006. (See ITT's Online Archives or 09/15/06 news, 06091505, for BP summary.)