PRIA, Government Policy, Made Personal

Summary

The Secretary must name a senior official to coordinate the Department’s trade and customs revenue work and to make sure actions do not harm legitimate trade. That official must watch and report to Congress that customs revenue work is not being reduced, including how spending, operations, and staff match the level of trade. The Secretary must also have a Director of Trade Policy who answers to that official and who advises on trade and customs revenue rules, coordinates department-wide policy, and works with other federal agencies. The Comptroller General must study whether the Department is meeting its duties under section 212(b) about keeping customs revenue functions. The study must look at whether customs duties were merged with other work, cut, or reduced after the transfer; whether staffing or resources for customs revenue have dropped; and whether the Department’s management structure supports trade facilitation and revenue collection. The Comptroller General must report within 180 days after October 13, 2006. The Secretary must make sure section 212(b) is fully met and report to the Senate Finance Committee and the House Ways and Means Committee by September 30, 2007. Before making major trade or customs changes, the Secretary must consult the business community (including the Commercial Operations Advisory Committee) within 30 days after proposing and 30 days before finalizing. The Secretary must notify key congressional committees 60 days before proposing and 60 days before finalizing major actions, unless national security requires faster action; in that case the Secretary must notify and share advisory committee recommendations within 45 days and consider changes. For any reorganization of customs revenue work, the Secretary must give at least 45 days’ notice to specified committees with details, reasons, effect on enforcement, and advisory committee comments. Committees may ask the advisory committee for analysis, and within 1 year after a reorganization the Secretary, with that advisory committee, must report results and suggested changes. The term “customs revenue functions” refers to the functions listed in section 212(b)(2).

Title 6, §115

Domestic Security, Source: USLM XML via OLRC

(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

The Comptroller General of the United States shall conduct a study evaluating the extent to which the Department of Homeland Security is meeting its obligations under section 212(b) of this title with respect to the maintenance of customs revenue functions.

(2)Analysis

The study shall include an analysis of— (A)

(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

Not later than 180 days after October 13, 2006, the Comptroller General shall submit to the appropriate congressional committees a report on the results of the study conducted under subsection (a).

(4)Maintenance of functions

Not later than September 30, 2007, the Secretary shall ensure that the requirements of section 212(b) of this title are fully satisfied and shall report to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives regarding implementation of this paragraph.

(5)Definition

In this section, the term “customs revenue functions” means the functions described in section 212(b)(2) of this title.

(c)Consultation on trade and customs revenue functions

(1)Business community consultations

The Secretary shall consult with representatives of the business community involved in international trade, including seeking the advice and recommendations of the Commercial Operations Advisory Committee, not later than 30 days after proposing, and not later than 30 days before finalizing, any Department policies, initiatives, or actions that will have a significant impact on international trade and customs revenue functions.

(2)Congressional consultation and notification

(A)In general

Subject to subparagraph (B), the Secretary shall notify the appropriate congressional committees not later than 60 days before proposing, and not later than 60 days before finalizing, any Department policies, initiatives, or actions that will have a major impact on trade and customs revenue functions. Such notifications shall include a description of the proposed policies, initiatives, or actions and any comments or recommendations provided by the Commercial Operations Advisory Committee and other relevant groups regarding the proposed policies, initiatives, or actions.

(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

Any congressional committee referred to in paragraph (1) may request that the Commercial Operations Advisory Committee provide a report to the committee analyzing the impact of the reorganization and providing any recommendations for modifying the reorganization.

(3)Report

Not later than 1 year after any reorganization referred to in paragraph (1) takes place, the Secretary, in consultation with the Commercial Operations Advisory Committee, shall submit a report to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives. Such report shall include an assessment of the impact of, and any suggested modifications to, such reorganization.

Notes & Related Subsidiaries

Editorial Notes

Codification Section was enacted as part of the Security and Accountability For Every Port Act of 2006, also known as the SAFE Port Act, and not as part of the Homeland Security Act of 2002 which comprises this chapter.

Amendments

2016—Subsec. (c)(1). Pub. L. 114–125, § 902(1), substituted “not later than 30 days after proposing, and not later than 30 days before finalizing, any Department policies, initiatives, or actions that will have” for “on Department policies and actions that have”. Subsec. (c)(2)(A). Pub. L. 114–125, § 902(2), substituted “not later than 60 days before proposing, and not later than 60 days before finalizing,” for “not later than 30 days prior to the finalization of”.

Statutory Notes and Related Subsidiaries

Definitions For definitions of terms used in this section, see section 901 of this title.

§115 Trade and Customs Revenue Functions of the Department