Apr 22 -- U.S. Customs and Border Protection (CBP) is issuing this Request for Information (RFI) to receive input from the public on specific CBP processes, programs, regulations, collections of information, and policies for the agency to consider modifying, streamlining, expanding, or repealing in light of recent executive orders. This RFI is intended to ensure that CBP processes, programs, regulations, collections of information, and policies issued under CBP's regulations, authority contain necessary, properly tailored, and up-to-date requirements that effectively achieve CBP's mission in a manner that furthers the goals of advancing equity for all, including those in underserved communities; protecting public health and the environment; restoring science; and bolstering resilience from the effects of climate change, particularly for those disproportionately affected by climate change, and promoting and protecting our public health and the environment by advancing and prioritizing environmental justice. Written comments are requested on or before June 21, 2022. Comments received after this date will be considered for future advisory, communicative, and outreach efforts to the extent practicable.
CBP is issuing this RFI to gather information on the extent to which the existing agency processes, programs, regulations, collections of information, and policies under the authority of title 19 of the CFR, chapter I: (1) Perpetuate systemic barriers to opportunities and benefits for people of color and other underserved groups; (2) do not bolster resilience to the effects of climate change; and (3) address the disproportionately high and adverse climate-related effects on disadvantaged communities. Among other things, CBP seeks concrete information about unnecessary or unjustified administrative burdens that may create systemic barriers to the importation of merchandise into the United States.
CBP operates in 106 countries; serves at 328 ports of entry within the United States; safeguards roughly 7,000 miles of land border and 95,000 miles of shoreline; and patrols the associated air and maritime spaces. On a typical day in fiscal year (FY) 2021, CBP: Welcomed into the United States 121,516 incoming international air passengers and crew; 8,094 passengers arriving on ships/boats; 362,078 incoming land travelers; stopped more than 264 pests at U.S. ports of entry and quarantined 2,548 materials, including plant, meat, animal byproduct, and soil; and seized 4,732 pounds of drugs, approximately $342,000 of illicit currency, and approximately $9,000,000 worth of merchandise that was in violation of the Intellectual Property Rights laws. As part of its law enforcement function, on a typical day in FY 2021, CBP conducted 1,703 apprehensions between U.S. ports of entry; 25 arrests of wanted criminals at U.S. ports of entry; and 723 refusals of inadmissible persons at U.S. ports of entry. As part of its trade enforcement and revenue protection responsibilities, on a typical day in FY 2021, CBP collected approximately $256 million in duties, taxes, and other fees, including approximately $234 million in duties.
CBP's mission is to protect the American people, safeguard our borders, and enhance the Nation's economic prosperity. As a part of CBP's law enforcement mission, and in order to protect the American people and safeguard our borders, it is CBP's policy to prohibit the consideration of race or ethnicity in law enforcement, investigation, and screening activities, in all but the most exceptional circumstances. To enhance the Nation's economic mission, CBP continuously works to develop legal and operational changes that embrace 21st Century processes and emerging technologies to better secure national and economic security, enhance data integrity, account for emerging actors and business practices, and better facilitate trade by reducing financial and administrative burdens and constraints in customs transactions.
CBP's core values are vigilance, service to country, and integrity. CBP's vision is to enhance the Nation's security through innovation, intelligence, collaboration and trust. The agency carries out its trade mission under the authority of title 19 of the CFR, Chapter I through the Air and Marine Operations (AMO), United States Border Patrol (BP), Office of Field Operations (OFO), the Office of Trade (OT), multiple program offices, and ten regional offices located throughout the United States.
This notice contains a list of questions, the answers to which will assist CBP in identifying those processes, programs, regulations, collections of information, and policies under its title 19 of the CFR, chapter I authorities that may benefit from modification, streamlining, expansion, or repeal in light of the executive orders. CBP encourages public comment on these questions and seeks any other data that commenters believe are relevant to CBP's efforts to review whether CBP policies and actions: (1) Create or exacerbate barriers to full and equal participation by all eligible individuals; (2) rely upon science to ensure access to clean air and water; limit exposure to dangerous chemicals and pesticides; hold polluters accountable; reduce greenhouse emissions; hinder or bolster resilience to the impacts of climate change; restore and expand our national treasures and monuments, and prioritize both environmental justice and the creation of well-paying union jobs to deliver on these goals; and (3) factor the effects of climate change in the Arctic, along our Nation's borders, and to National critical functions—including climate risks.
The type of feedback that is most useful to the agency includes feedback that identifies specific processes, programs, regulations, information collections, and/or policies that could benefit from reform; feedback that refers to specific barriers to participation; feedback about how to improve risk perception; feedback that offers actionable data; and feedback that specifies viable alternatives to existing approaches that meet statutory obligations. For example, feedback that simply states that a stakeholder feels strongly that CBP should change a regulation, but does not contain specific information on how the proposed change would affect the costs and benefits of the regulation, is much less useful to CBP. CBP is looking for new information and new data to support any proposed changes that further the goals of advancing equity for all, including those in underserved communities, protecting public health and the environment, restoring science, and bolstering resilience from the effects of climate change, particularly for those disproportionately affected by climate change, and advancing and prioritizing environmental justice.
The below non-exhaustive list of questions is meant to assist members of the public in the formulation of comments:
(1) Are there CBP processes, programs, regulations, information collections, forms, required documentation, guidance and/or policies that perpetuate systemic barriers to opportunities and benefits for people of color and/or other underserved groups as defined in Executive Order 13985 and, if so, what are they? How can those programs, regulations, and/or policies be modified, expanded, streamlined, or repealed to deliver resources and benefits more equitably?
(2) Are there CBP processes, programs, regulations, information collections, forms, required documentation, guidance and/or policies that hinder or do not bolster resilience to the effects of climate change, particularly for those disproportionately affected by climate change, and, if so, what are they? How can those programs, regulations, and/or policies be modified, expanded, streamlined, or repealed to bolster resilience to the effects of climate change?
(3) Are there CBP processes, programs, regulations, information collections, forms, required documentation, guidance and/or policies that do not promote environmental justice? How can those programs, regulations, and/or policies be modified, expanded, streamlined, or repealed to promote environmental justice?
(4) Are there CBP processes, programs, regulations, information collections, forms, required documentation, guidance and/or policies that are unnecessarily complicated or that could be streamlined to achieve the objectives of equity for all, including people of color and others who have been historically underserved, marginalized, and adversely affected by persistent poverty and inequality, so as to bolster resilience to climate change and/or address the disproportionately high and adverse climate change-related effects on disadvantaged communities in more efficient ways? If so, what are they and how can they be made less complicated and/or streamlined?
(5) Are there any CBP regulations and/or policies that create duplication, overlap, complexity, or inconsistent requirements within CBP programs, other DHS components, or any other Federal Government agencies that affect equity, resilience to the effects of climate change, and/or environmental justice? If so, what are they and how can they be improved or updated to meet the required objectives of racial equity, resiliency, and environmental justice?
(6) Are there existing sources of data that CBP can use to evaluate the post-promulgation effects of regulations over time? Or are there sources of data that CBP can use to evaluate the effects of CBP policies or regulations on equity for all, including individuals who belong to underserved communities?
(7) What successful approaches to advance equity and climate resilience have been taken by State, local, Tribal, and territorial governments, and in what ways do CBP's programs present barriers or opportunities to successful implementation of these approaches?
FRN:
https://www.federalregister.gov/d/2022-08664