Sec. 101. Border Interagency Executive Council
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There is established an interagency working group, to be known as the Border Interagency Executive Council (in this section referred to as the Council ), to serve as an interagency forum to facilitate the development of policies and processes to enhance coordination across customs, transport security, health and safety, sanitary, conservation, trade, and phytosanitary agencies with border management authorities— to measurably improve supply chain processes and the identification of illicit shipments; and to facilitate and expedite the flow of legitimate trade.
The Secretary of Homeland Security shall oversee the Council. The Commissioner of U.S. Customs and Border Protection or a senior-level designee from U.S. Customs and Border Protection shall serve as the chairperson of the Council. There shall be a vice chairperson of the Council, who shall be selected every 2 years from among the members of the Council by a process determined by the members. In addition to the chairperson and vice chairperson, the Council shall include designated senior-level representatives who are full-time or permanent part-time employees of Federal agencies that provide approval before merchandise can be imported into or exported from the United States, or that otherwise have the authority to establish or enforce requirements relating to the importation or exportation of merchandise, including the following:
The Department of State. The Department of the Treasury. The Department of Defense. The Department of the Interior. The Department of Agriculture. The Department of Commerce. The Department of Health and Human Services. The Department of Transportation. The Department of Homeland Security. The Environmental Protection Agency. Such other Federal agencies, including independent regulatory and quasi-judicial agencies and commissions, as the chairperson and vice chairperson consider appropriate.
The Council may also include appropriate representatives of the Executive Office of the President. The Secretary of Homeland Security may waive the participation, in whole or in part, of representatives of any agency specified in paragraph
(1)in the Council if the Secretary considers it appropriate. The Council shall— facilitate the development of common risk management principles and methods to inform agency operations associated with the review and release of cargo at the border and to support compliance with applicable law; facilitate the development of policies and processes to coordinate, improve, and accelerate agency review of electronic trade-related documentation or information transmitted, or otherwise made available, through relevant systems and provide coordinated and streamlined responses back to users to facilitate trade and support compliance with applicable law and international agreements; identify opportunities to use documentation or information relating to the importation of merchandise, including documentation or information provided prior to the arrival of merchandise into the customs territory of the United States or the filing of an entry of merchandise with U.S. Customs and Border Protection, to facilitate priority processing and the expedited release of such merchandise from the custody of U.S. Customs and Border Protection and to reduce redundancies in the trade data that each party in a supply chain is required to provide; identify opportunities to streamline Federal Government systems and reduce costs through the elimination of redundant capabilities and through enhanced utilization of the capabilities of the Automated Commercial Environment, or any successor system, as a means of improving supply chain management processes; identify opportunities to enhance whole-of-Government trade processing capabilities, including capabilities relating to processing cargo manifests, collection of advance import and export data, uniform cargo admissibility and release processes, entry summaries, and cargo financial data, in the Automated Commercial Environment, or any successor system, that conform with the criteria for the admissibility of merchandise of all agencies represented on the Council; enhance uniformity, consistency, and transparency, by facilitating the development, to the extent practicable and consistent with applicable law, of a standard nomenclature, including definitions of relevant terms, across and within the Federal agencies represented on the Council for— any party in the supply chain; and any event related to the importation or exportation of merchandise or any customs program; engage with and consider input from the trade community and other relevant stakeholders regarding opportunities to improve supply chain processes and the processing of imported and exported merchandise, with the goal of promoting economic competitiveness through enhanced trade facilitation and enforcement; encourage other countries to develop similar trade processing capabilities, including single window systems, to facilitate the sharing of relevant trade data, as appropriate, across governmental systems and with trading partners; and assess opportunities to facilitate electronic payment of duties, taxes, fees, and charges imposed under Federal law upon entry of merchandise. Not later than one year after the date of the enactment of this Act, and not later than December 31 of every other year thereafter, the Council shall make available to the public a report that describes the progress that the Council has made toward carrying out the functions described under subsection (e). The Council shall provide an opportunity for public comment on the report required by paragraph (1). An individual serving as a member of the Border Interagency Executive Council established by Executive Order 13659 ( 19 U.S.C. 1411 note; relating to streamlining the export/import process for America’s businesses) on the day before the date of the enactment of this Act may continue to serve as a member of the Council established by subsection (a).
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