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GAO-04-319R 1 (2003-12-18)

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       Accountability * Integrity * Reliability
United States General Accounting Office
Washington, DC 20548

          B-293424


          December 18, 2003

          The Honorable Charles E. Grassley
          Chairman
          The Honorable Max Baucus
          Ranking Minority Member
          Committee on Finance
          United States Senate

          The Honorable William M. Thomas
          Chairman
          The Honorable Charles B. Rangel
          Ranking Minority Member
          Committee on Ways and Means
          House of Representatives

          Subject: Department of Homeland Securit, Bureau of Customs and Border
                  Protection: Required Advance Electronic Presentation of Cargo Information

          Pursuant to section 801(a)(2)(A) of title 5, United States Code, this is our report on a
          major rule promulgated by the Department of Homeland Security, Bureau of
          Customs and Border Protection (CBP), entitled Required Advance Electronic
          Presentation of Cargo Information (RIN: 1651-AA49). We received the rule on
          December 3, 2003. It was published in the Federal Register as a final rule on
          December 5, 2003. 68 Fed. Reg. 68140.

          The final rule requires that the CBP must receive, by way of a CBP-approved
          electronic data interchange system, information pertaining to cargo before it is
          either brought into or sent from the United States by any mode of commercial
          transportation. The cargo information required is that which is reasonably necessary
          to enable high-risk shipments to be identified for purposes of ensuring cargo safety
          and security and preventing smuggling pursuant to the laws enforced and
          administered by CBP.

          The final rule has an announced effective date of January 5, 2004. The Congressional
          Review Act requires a 60-day delay in the effective date of a major rule from the date
          of publication in the Federal Register or receipt of the rule by Congress, whichever is
          later. 5 U.S.C. 801(a)(3)(A). As the rule was published in the Federal Register on
          December 5, 2003, it does not have the required 60-day delay in its effective date for
          congressional review. However, we do note that pursuant to section 343(a) of the


GAO-04-319R

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