§2084 — Title 19 Customs Duties | U.S. Code

Summary

Creates an Office of Trade inside U.S. Customs and Border Protection. An Executive Assistant Commissioner will lead the office and report to the CBP Commissioner. The office must lead and carry out policies and rules under U.S. customs and trade laws, advise the Commissioner about how policies affect trade facilitation and enforcement, work with the Office of Field Operations, handle priority trade issues in the joint strategic plan and help make that plan, run trade enforcement and customs revenue functions as allowed, and manage trade modernization projects including the Automated Commercial Environment (ACE) and support for the International Trade Data System. The office must send a report to the Senate Committee on Finance and the House Committee on Ways and Means by June 1, 2016, and every March 1 after that, listing the year’s customs policy changes and describing the public and interagency review for each change. Within 30 days after February 24, 2016, the assets, staff, functions, and liabilities of the old Office of International Trade must move into the new Office of Trade, and the old office will be abolished. No CBP or DHS money may be used to move those things to any other office unless the Commissioner tells the House Committees on Homeland Security and Ways and Means and the Senate Committees on Homeland Security and Governmental Affairs and Finance at least 90 days before the move and explains what will move and why. The Commissioner may also move other CBP assets, functions, or staff into the Office of Trade, but must give the same 90-day notice to those four committees. The terms “customs and trade laws,” “trade enforcement,” and “trade facilitation” are defined in section 4301.

Title 19, §2084

Customs Duties — Source: USLM XML via OLRC

(a)There is established in U.S. Customs and Border Protection an Office of Trade.

(b)There shall be at the head of the Office of Trade an Executive Assistant Commissioner, who shall report to the Commissioner of U.S. Customs and Border Protection.

(c)The Office of Trade shall—

(1)direct the development and implementation, pursuant to the customs and trade laws of the United States, of policies and regulations administered by U.S. Customs and Border Protection;

(2)advise the Commissioner of U.S. Customs and Border Protection with respect to the impact on trade facilitation and trade enforcement of any policy or regulation otherwise proposed or administered by U.S. Customs and Border Protection;

(3)coordinate with the Executive Assistant Commissioner for the Office of Field Operations with respect to the trade facilitation and trade enforcement activities of U.S. Customs and Border Protection;

(4)direct the development and implementation of matters relating to the priority trade issues identified by the Commissioner of U.S. Customs and Border Protection in the joint strategic plan for trade facilitation and trade enforcement required under section 4314 of this title;

(5)otherwise advise the Commissioner of U.S. Customs and Border Protection with respect to the development and implementation of the joint strategic plan;

(6)direct the trade enforcement activities of U.S. Customs and Border Protection;

(7)oversee the trade modernization activities of U.S. Customs and Border Protection, including the development and implementation of the Automated Commercial Environment computer system authorized under section 58c(f)(4) of this title and support for the establishment of the International Trade Data System under the oversight of the Department of the Treasury pursuant to section 1411(d) of this title;

(8)direct the administration of customs revenue functions as otherwise provided by law or delegated by the Commissioner of U.S. Customs and Border Protection; and

(9)prepare an annual report to be submitted to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives not later than June 1, 2016, and March 1 of each calendar year thereafter that includes—

(A)a summary of the changes to customs policies and regulations adopted by U.S. Customs and Border Protection during the preceding calendar year; and

(B)a description of the public vetting and interagency consultation that occurred with respect to each such change.

(d)(1)(A)Not later than 30 days after February 24, 2016, the Commissioner of U.S. Customs and Border Protection shall transfer the assets, functions, personnel, and liabilities of the Office of International Trade to the Office of Trade established under subsection (b).11 So in original. Probably should be “subsection (a).”

(B)Not later than 30 days after February 24, 2016, the Office of International Trade shall be abolished.

(C)No funds appropriated to U.S. Customs and Border Protection or the Department of Homeland Security may be used to transfer the assets, functions, personnel, or liabilities of the Office of International Trade to an office other than the Office of Trade established under subsection (a), unless the Commissioner of U.S. Customs and Border Protection notifies the Committee on Homeland Security and the Committee on Ways and Means of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on Finance of the Senate of the specific assets, functions, personnel, or liabilities to be transferred, and the reason for the transfer, not less than 90 days prior to the transfer of such assets, functions, personnel, or liabilities.

(D)In this paragraph, the term “Office of International Trade” means the Office of International Trade established by section 2072 of this title and as in effect on the day before February 24, 2016.

(2)(A)The Commissioner of U.S. Customs and Border Protection is authorized to transfer any other assets, functions, or personnel within U.S. Customs and Border Protection to the Office of Trade established under subsection (a).

(B)Not less than 90 days prior to the transfer of assets, functions, personnel, or liabilities under subparagraph (A), the Commissioner of U.S. Customs and Border Protection shall notify the Committee on Homeland Security and the Committee on Ways and Means of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on Finance of the Senate of the specific assets, functions, personnel, or liabilities to be transferred, and the reason for such transfer.

(e)In this section, the terms “customs and trade laws of the United States”, “trade enforcement”, and “trade facilitation” have the meanings given such terms in section 4301 of this title.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 4 of act March 3, 1927, was classified to section 281c of Title 5 prior to the general revision and enactment of Title 5, Government Organization and Employees, by Pub. L. 89–554, § 1, Sept. 6, 1966, 80 Stat. 378. Subsection (a) of section 4 was transferred to section 163 of Title 21, Food and Drugs, prior to the omission of section 163 from the Code on the authority of Reorg. Plan No. 1 of 1968, eff. Apr. 8, 1968, 33 F.R. 5611, 82 Stat. 1367, set out in the Appendix to Title 5.

Statutory Notes and Related Subsidiaries

Continuation in Office Pub. L. 114–125, title VIII, § 802(h)(2), Feb. 24, 2016, 130 Stat. 215, provided that: “The individual serving as the Assistant Commissioner of the Office of International Trade on the day before the date of the enactment of this Act [Feb. 24, 2016] may serve as the Executive Assistant Commissioner of Trade on and after such date of enactment, at the discretion of the Commissioner of U.S. Customs and Border Protection.”

§2084 Office of Trade