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Federal Register / Vol. 86, No. 173 / Friday, September 10, 2021 / Proposed Rules customs rules, regulations, and practices. As stated above, CBP believes that the vigorous pace and expanding scope of international trade require a Number of FY
penalties more stringent continuing education framework for individual brokers who 2017
20 provide guidance to importers and 2018
21
drawback claimants.
2019
119
The effects of continuing education 2020
106
programs are not easily measured and not often the subject of research.34 Some ii. Continuing Education studies show that various licensed Continuing education refers to the professions do see a mild increase in training and learning pursued by positive perception of their industry, professionals outside of the formal performance, and professionalism after education system, usually as part of the implementation of continuing career development. Many licensed education requirements.35 Studies have professions have some sort of also demonstrated a positive link continuing education requirement for between continuing education for license-holders, including accountants, teachers and student outcomes as well 31
medical professionals, and teachers.
as between continuing medical Continuing education is particularly education and patient outcomes.36
important for professions characterized Additionally, one study found that by continuously changing rules, continuing professional education was standards, and norms. Customs and correlated to an improvement in international trade is one such financial outcomes for accounting firms, profession. Since 2000, the United particularly large firms.37 Finally, a States has added two new preferential study of IRS-certified tax preparers trade programs and several new free found that mandatory continuing trade agreements, the most recent being education was potentially linked to the USMCA, which replaced the reduced civil penalties, a decrease in NAFTA.32 Additionally, the logistical non-compliance, and increased aspects of customs have changed accuracy of tax returns.38
significantly over time. For example, Under the terms of the proposed rule, CBP introduced the single window, individual brokers would be required to enabling most CBP forms to be complete 36 hours of accredited submitted electronically through the continuing education over each 3-year Automated Commercial Environment reporting period. Qualifying activities ACE, which was fully implemented in 34 Evaluation of Current Customs Broker 2016, with added functionalities being Continuing Education Practices and Literature deployed on an ongoing basis.
Review of Continuing Education in Other There have been several other Professions. Report for CBP prepared by significant changes to the customs International Economics, Inc. IEc on June 30, environment, including the 2014. This document is included in the docket for this NPRM, which is posted on Regulations.gov.
implementation of TFTEA, changes in 35 See Bradley, S., Drapeau, M. and DeStefano, J.
duty rates and tariffs, and the 2012, The relationship between continuing modernization of the drawback education and perceived competence, professional requirements.33 Customs brokers must support, and professional value among clinical psychologists. J. Contin. Educ. Health Prof., 32: 31
maintain awareness of and adapt to these changes to provide quality service 38; OLeary, P. F., Quinlan, T. J., & Richards, R. L.
2011. Insurance Professionals Perceptions of to clients. However, aside from the Continuing Education Requirements. Journal of broker exam at the beginning of their Insurance Regulation, 30, 101117; and Wessels, S.
2007. Accountants Perceptions of the careers, brokers do not currently have Effectiveness of Mandatory Continuing Professional any requirements ensuring they Education. Accounting Education, 164, 365378.
maintain up-to-date knowledge of 36

TABLE 1ANNUAL PENALTIES
ASSESSED BY CBP

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31 The
number of hours of continuing education required for many professions varies by state as the state is the licensing authority.
32 In October 2000, the United States implemented the Caribbean Basin Trade Partnership Act, which will expire in 2030 https
www.cbp.gov/trade/priority-issues/tradeagreements/special-trade-legislation/caribbeanbasin-initiative/cbtpa. The African Growth and Opportunity Act was also enacted in 2000 https
ustr.gov/issue-areas/trade-development/preferenceprograms/african-growth-and-opportunity-actagoa. See https www.state.gov/trade-agreements/
outcomes-of-current-u-s-trade-agreements/ for a list of free trade agreements currently in force.
33 See section III.C. of this NPRM.

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Darling-Hammond, L., Hyler, M.E., and Gardner, M. 2017. Effective Teacher Professional Development. Learning Policy Institute; Cervero, R.
M., & Gaines, J.K. 2014. Effectiveness of continuing medical education: updated synthesis of systematic reviews. Accreditation Council for Continuing Medical Education.
37 Chen, Y.-S., Chang, B.-G., & Lee, C.-C. 2008.
The association between continuing professional education and financial performance of public accounting firms. International Journal of Human Resource Management, 199, 17201737.
38 Diehl, K. A. 2015. Does Requiring Registration, Testing, and Continuing Professional Education for Paid Tax Preparers Improve the Compliance and Accuracy of Tax Returns?US
Results. Journal of Business & Accounting, 81, 138147.

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would include attending or presenting at events, such as courses, seminars, symposia, and conventions.39 Brokers would be required to self-attest to the completion of the required continuing education on each triennial report and maintain records consisting of certain documentation received from the provider or host of the qualifying continuing broker education, if such documentation was made available to the broker, and containing information pertaining to the dates, titles, providers, credit hours earned, and location if applicable for each training. The records can be in any format i.e., electronically or on paper, and the proposed regulations provide CBP with authority to conduct a compliance audit and to request such records for a period of three years following the submission of the status report.
iii. Accreditation To ensure the quality and relevance of continuing education offerings, they are often accredited by a leading body within the field in question. For example, the American Medical Association AMA is accredited to provide training by the Accreditation Council for Continuing Medical Education.40 An accreditor is responsible for reviewing course content and determining the number of credits or hours to be granted for each course.
Under the proposed rule, after an application process using the RFP, as described above, CBP would designate entities outside of CBP to act as accreditors for customs broker continuing education. Every three years, CBP would release an RFP soliciting applications to become an accreditor for the customs broker continuing education program. Every three years following the first cycle, existing accreditors would also apply for renewal. To apply, potential and existing accreditors would submit an application to CBP detailing their standards for accreditation, quality control practices, application process, and other information. A panel of CBP
experts would convene to review and approve or deny applications. Once approved, accreditors could begin accepting submissions from courses or companies seeking accreditation. Note that training or educational activities offered by U.S. Government agencies, including CBP, automatically qualify for 39 See
proposed 19 CFR 111.103a.
American Medical Association, About the AMAs CME Accreditation, available at https
edhub.ama-assn.org/pages/ama-cme last accessed on May 11, 2021.
40 See
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