§4316 — Title 19 Customs Duties | U.S. Code

Summary

The Secretary of the Treasury and the Secretary of Homeland Security must create a Commercial Customs Operations Advisory Committee no later than 60 days after February 24, 2016. The committee will include 20 private‑sector members jointly appointed by those two Secretaries, plus the Assistant Secretary for Tax Policy and the Commissioner as co‑chairs, and the Assistant Secretary for Policy and the Director of U.S. Immigration and Customs Enforcement as deputy co‑chairs. Appointees must represent people and businesses affected by U.S. Customs and Border Protection and are chosen without regard to political party. Each private member serves up to 3 years per term, can be reappointed, but cannot serve more than 2 terms in a row. Members of the old advisory committee existing the day before February 24, 2016, may be moved to the new committee. The committee must advise the two Secretaries on CBP commercial operations, review major proposed changes to rules or practices, recommend improvements, help set meeting agendas, and do other tasks the Secretaries or law require. It must meet when called by the two Secretaries or by at least two‑thirds of members, and at least 4 times a year. A rule in title 5 (section 1013(a)) does not apply to it. The committee must send a report by December 31, 2016, and then every year, to the Senate Finance Committee and the House Ways and Means Committee describing its activities and recommendations. Legal references to the old advisory committee will refer to this new committee once it is established.

Title 19, §4316

Customs Duties — Source: USLM XML via OLRC

(a)Not later than the date that is 60 days after February 24, 2016, the Secretary of the Treasury and the Secretary of Homeland Security shall jointly establish a Commercial Customs Operations Advisory Committee (in this section referred to as the “Advisory Committee”).

(b)(1)The Advisory Committee shall be comprised of—

(A)20 individuals appointed under paragraph (2);

(B)the Assistant Secretary for Tax Policy of the Department of the Treasury and the Commissioner, who shall jointly co-chair meetings of the Advisory Committee; and

(C)the Assistant Secretary for Policy and the Director of U.S. Immigration and Customs Enforcement, who shall serve as deputy co-chairs of meetings of the Advisory Committee.

(2)(A)The Secretary of the Treasury and the Secretary of Homeland Security shall jointly appoint 20 individuals from the private sector to the Advisory Committee.

(B)In making appointments under subparagraph (A), the Secretary of the Treasury and the Secretary of Homeland Security shall appoint members—

(i)to ensure that the membership of the Advisory Committee is representative of the individuals and firms affected by the commercial operations of U.S. Customs and Border Protection; and

(ii)without regard to political affiliation.

(C)Each individual appointed to the Advisory Committee under this paragraph shall be appointed for a term of not more than 3 years, and may be reappointed to subsequent terms, but may not serve more than 2 terms sequentially.

(3)The Secretary of the Treasury and the Secretary of Homeland Security may transfer members serving on the Advisory Committee on Commercial Operations of the United States Customs Service established under section 9503(c) of the Omnibus Budget Reconciliation Act of 1987 (19 U.S.C. 2071 note) 11 See References in Text note below. on the day before February 24, 2016, to the Advisory Committee established under subsection (a).

(c)The Advisory Committee established under subsection (a) shall—

(1)advise the Secretary of the Treasury and the Secretary of Homeland Security on all matters involving the commercial operations of U.S. Customs and Border Protection, including advising with respect to significant changes that are proposed with respect to regulations, policies, or practices of U.S. Customs and Border Protection;

(2)provide recommendations to the Secretary of the Treasury and the Secretary of Homeland Security on improvements to the commercial operations of U.S. Customs and Border Protection;

(3)collaborate in developing the agenda for Advisory Committee meetings; and

(4)perform such other functions relating to the commercial operations of U.S. Customs and Border Protection as prescribed by law or as the Secretary of the Treasury and the Secretary of Homeland Security jointly direct.

(d)Notwithstanding section 1009(f) of title 5, the Advisory Committee shall meet at the call of the Secretary of the Treasury and the Secretary of Homeland Security, or at the call of not less than ⅔ of the membership of the Advisory Committee. The Advisory Committee shall meet at least 4 times each calendar year.

(e)Not later than December 31, 2016, and annually thereafter, the Advisory Committee shall submit to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives a report that—

(1)describes the activities of the Advisory Committee during the preceding fiscal year; and

(2)sets forth any recommendations of the Advisory Committee regarding the commercial operations of U.S. Customs and Border Protection.

(f)section 1013(a) of title 5 shall not apply to the Advisory Committee.

(g)(1)

(2)Any reference in law to the Advisory Committee on Commercial Operations of the United States Customs Service established under section 9503(c) of the Omnibus Budget Reconciliation Act of 1987 (19 U.S.C. 2071 note) made on or after the date on which the Advisory Committee is established under subsection (a), shall be deemed a reference to the Commercial Customs Operations Advisory Committee established under subsection (a).

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 9503(c) of the Omnibus Budget Reconciliation Act of 1987, referred to in subsecs. (b)(3) and (g)(2), is section 9503(c) of title IX of Pub. L. 100–203, which was set out as a note under section 2071 of this title, prior to repeal by Pub. L. 114–125, title I, § 109(g)(1), Feb. 24, 2016, 130 Stat. 137. See Codification note below. Codification Section is comprised of section 109 of Pub. L. 114–125. Subsec. (g)(1) of section 109 of Pub. L. 114–125 repealed section 9503(c) of the Omnibus Budget Reconciliation Act of 1987 (Pub. L. 100–203), formerly set out as a note under section 2071 of this title, effective on the date on which the Advisory Committee was established under subsection (a) of this section. Notice of the establishment of the Advisory Committee on Mar. 29, 2016, was published at 81 F.R. 18865.

Amendments

2022—Subsec. (d). Pub. L. 117–286, § 4(a)(143)(A), substituted “section 1009(f) of title 5,” for “section 10(f) of the Federal Advisory Committee Act (5 U.S.C. App.),”. Subsec. (f). Pub. L. 117–286, § 4(a)(143)(B), substituted “section 1013(a) of title 5” for “section 14(a)(2) of the Federal Advisory Committee Act (5 U.S.C. App.; relating to the termination of advisory committees)”.

§4316 Commercial Customs Operations Advisory Committee