Open Letter to Senator Baucus on Need to Confirm Bersin as CBP Commissioner
Senator Baucus, the year is coming to a close and by all appearances Alan Bersin is doing what you asked of him almost one and one-half years ago during the May 2010 hearing on his nomination as CBP Commissioner -- to renew and strengthen his focus on the agency’s historical mission to facilitate international trade. You had put him on notice that both the Senate and Finance Committee would be reviewing his record and deciding whether he would be allowed to continue his service as CBP Commissioner beyond December 31, 2011.
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I am eagerly awaiting this review, and based on the association letters endorsing Bersin’s confirmation, others in the trade community are too. I believe that Bersin’s record will show that he is an effective leader that you can support, and has earned Senate confirmation as the Commissioner of U.S. Customs and Border Protection.
ACE Progress on Many Fronts. Under his leadership, CBP and the trade community are making progress on a number of fronts in the development of the Automated Commercial Environment (ACE), including the collection of data Federal agencies request from importers, document imaging to allow trade members to supply documentation during cargo release to Federal agencies electronically, developing cargo release in ACE, launching a new entry simplification pilot, and examining the potential to enhance ACE to provide single window functionality for exports.1
ACE at Risk if no Confirmation. It would not be optimal for CBP to go without a confirmed leader in 2012, both in terms of safeguarding our borders and in improving CBP’s trade process. CBP and the trade are working very hard right now in their partnership to get the commercial automation side of Customs right, and it would not be right to jeopardize that momentum by requiring the administration’s appointed leader to step down.
Momentum Needs to Continue. As you know better than I, the government has spent over 10 years and billions of dollars in an often frustrating process of building the Automated Commercial Environment. And finally, regular, confidence-building progress is now being seen. Removing Commissioner Bersin, the driver of this success, would not help complete ACE or do justice to the money spent to date.
Opportunities Are Here Now. Right now there is a good team in place at CBP, experts in the business environment are working overtime to provide the advice CBP requests, and the trade association for the largest group of entry filers, NCBFAA, is publicly asking its members to move their import business processes to ACE.
Senator Baucus, America has spent a long time and many dollars on the ACE project. Pragmatism and a zest for success can and should rule the confirmation decision for Bersin. The groundwork has been laid. Bersin has done what you asked of him back in May 2010 and should be confirmed.
Sincerely,
Marie Rapport
President, Broker Power, Inc., publisher of International Trade Today
cc: Secretary of the Department of Homeland Security Janet Napolitano
(via fax to Senate Finance Committee (202) 228-0554 and via fax to DHS (202) 612-1976 on October 31, 2011)
1In early October 2011, CBP reported that e-Manifest (M1) is in the process of being piloted and full system deployment is scheduled for this January 2012, ITDS’ first web service capability allowing CBP and other agencies to interface via standard protocols launched in the fourth quarter of fiscal year 2011, and the technology that supports the collection of PGA Message Set data, which will allow CBP to collect the data the other agencies need from importers, was scheduled for build-out in October 2011. CBP is talking to agencies regarding testing of the Document Imaging System (DIS), which allows trade members to supply documents needed during the cargo release process to Federal agencies electronically. CBP is also developing ACE cargo release requirements, and anticipates awarding a contract for the design and acquisition phase in 2012. CBP plans, by the end of 2011, to deploy a pilot for its Release/Entry Simplification initiative, that will allow early release based on ISF data and financial processes that will reduce the administrative burden on filers. And CBP and other affected agencies are currentlyexamining the potential for the Automated Export System to provide enhancements to achieve basic single-window functionality for export commodity and transportation reporting. (See ITT's Online Archives 11100411 for announcement of the availability of documents from the October 4, 2011 COAC meeting, including CBP's update on ACE.)
(May 27, 2011 letter from 23 trade organizations to President Obama seeking Senate confirmation of Bersin, available by sending requests to documents@brokerpower.com.
See ITT’s Online Archives 11022520 for February 23, 2011 letter to Senator Baucus (D-MT), Chairman of the Senate Finance Committee and Senator Grassley (R-IA), the Ranking Member at that time (the current ranking member is Senator Hatch (R-UT), from 11 trade organizations’ letter seeking Senate confirmation of Bersin.
See ITT’s Online Archives 11051435 and 10051761 for summaries of the May 13, 2010 confirmation hearing on Bersin and Senator Baucus' May 2010 statement regarding Bersin’s nomination.
See ITT’s Online Archives 10032205 for summary of the Congressional Border Caucus’ March 15, 2010 letter to Senate Finance Committee Chairman Baucus and Ranking Member Grassley in favor of Bersin’s confirmation.)