6 USC 115 - Trade and customs revenue functions of the Department

U.S Code last checked for updates: Nov 26, 2024

§ 115.

Trade and customs revenue functions of the Department

(a)

Trade and customs revenue functions

(1)

Designation of appropriate official

The Secretary shall designate an appropriate senior official in the office of the Secretary who shall—

(A)

ensure that the trade and customs revenue functions of the Department are coordinated within the Department and with other Federal departments and agencies, and that the impact on legitimate trade is taken into account in any action impacting the functions; and

(B)

monitor and report to Congress on the Department’s mandate to ensure that the trade and customs revenue functions of the Department are not diminished, including how spending, operations, and personnel related to these functions have kept pace with the level of trade entering the United States.

(2)

Director of Trade Policy

There shall be a Director of Trade Policy (in this subsection referred to as the “Director”), who shall be subject to the direction and control of the official designated pursuant to paragraph (1). The Director shall—

(A)

advise the official designated pursuant to paragraph (1) regarding all aspects of Department policies relating to the trade and customs revenue functions of the Department;

(B)

coordinate the development of Department-wide policies regarding trade and customs revenue functions and trade facilitation; and

(C)

coordinate the trade and customs revenue-related policies of the Department with the policies of other Federal departments and agencies.

(b)

Study; report

(1)

In general

(2)

Analysis

The study shall include an analysis of—

(A)

the extent to which the customs revenue functions carried out by the former United States Customs Service have been consolidated with other functions of the Department (including the assignment of noncustoms revenue functions to personnel responsible for customs revenue collection), discontinued, or diminished following the transfer of the United States Customs Service to the Department;

(B)

the extent to which staffing levels or resources attributable to customs revenue functions have decreased since the transfer of the United States Customs Service to the Department; and

(C)

the extent to which the management structure created by the Department ensures effective trade facilitation and customs revenue collection.

(3)

Report

(4)

Maintenance of functions

(5)

Definition

(c)

Consultation on trade and customs revenue functions

(1)

Business community consultations

(2)

Congressional consultation and notification

(A)

In general

(B)

Exception

If the Secretary determines that it is important to the national security interest of the United States to finalize any Department policies, initiatives, or actions prior to the consultation described in subparagraph (A), the Secretary shall—

(i)

notify and provide any recommendations of the Commercial Operations Advisory Committee received to the appropriate congressional committees not later than 45 days after the date on which the policies, initiatives, or actions are finalized; and

(ii)

to the extent appropriate, modify the policies, initiatives, or actions based upon the consultations with the appropriate congressional committees.

(d)

Notification of reorganization of customs revenue functions

(1)

In general

Not less than 45 days prior to any change in the organization of any of the customs revenue functions of the Department, the Secretary shall notify the Committee on Appropriations, the Committee on Finance, and the Committee on Homeland Security and Governmental Affairs of the Senate, and the Committee on Appropriations, the Committee on Homeland Security, and the Committee on Ways and Means of the House of Representatives of the specific assets, functions, or personnel to be transferred as part of such reorganization, and the reason for such transfer. The notification shall also include—

(A)

an explanation of how trade enforcement functions will be impacted by the reorganization;

(B)

an explanation of how the reorganization meets the requirements of section 212(b) of this title that the Department not diminish the customs revenue and trade facilitation functions formerly performed by the United States Customs Service; and

(C)

any comments or recommendations provided by the Commercial Operations Advisory Committee regarding such reorganization.

(2)

Analysis

(3)

Report

(Pub. L. 109–347, title IV, § 401, Oct. 13, 2006, 120 Stat. 1921; Pub. L. 114–125, title IX, § 902, Feb. 24, 2016, 130 Stat. 223.)

cite as: 6 USC 115