19 U.S.C. § 4316
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").
The Advisory Committee shall be comprised of-
The Secretary of the Treasury and the Secretary of Homeland Security shall jointly appoint 20 individuals from the private sector to the Advisory Committee.
In making appointments under subparagraph (A), the Secretary of the Treasury and the Secretary of Homeland Security shall appoint members-
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.
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) 1 on the day before February 24, 2016, to the Advisory Committee established under subsection (a).
The Advisory Committee established under subsection (a) shall-
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 2/3 of the membership of the Advisory Committee. The Advisory Committee shall meet at least 4 times each calendar year.
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-
Section 1013(a) of title 5 shall not apply to the Advisory Committee.
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).
1 See References in Text note below.
19 U.S.C. § 4316
EDITORIAL NOTES
REFERENCES IN TEXTSection 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.
CODIFICATIONSection 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.
AMENDMENTS2022-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)".
- Commissioner
- The term "Commissioner" means the Commissioner of U.S. Customs and Border Protection, as described in section 211(b) of title 6.
- commercial operations of U.S. Customs and Border Protection
- The term "commercial operations of U.S. Customs and Border Protection" includes-(A) administering any customs revenue function (as defined in section 215 of title 6);(B) coordinating efforts of the Department of Homeland Security with respect to trade facilitation and trade enforcement;(C) coordinating with the Director of U.S. Immigration and Customs Enforcement with respect to-(i) investigations relating to trade enforcement; and(ii) the development and implementation of the joint strategic plan required by section 4314 of this title;(D) coordinating, on behalf of the Department of Homeland Security, efforts among Federal agencies to facilitate legitimate trade and to enforce the customs and trade laws of the United States, including representing the Department of Homeland Security in interagency fora addressing such efforts;(E) coordinating with customs authorities of foreign countries to facilitate legitimate international trade and enforce the customs and trade laws of the United States and the customs and trade laws of foreign countries;(F) collecting, assessing, and disseminating information as appropriate and in accordance with any law regarding cargo destined for the United States-(i) to ensure that such cargo complies with the customs and trade laws of the United States; and(ii) to facilitate the legitimate international trade of such cargo;(G) soliciting and considering on a regular basis input from private sector entities, including the Commercial Customs Operations Advisory Committee established by section 4316 of this title and the Trade Support Network, with respect to, as appropriate-(i) the implementation of changes to the customs and trade laws of the United States; and(ii) the development, implementation, or revision of policies or regulations administered by U.S. Customs and Border Protection; and(H) otherwise advising the Secretary of Homeland Security with respect to the development of policies associated with facilitating legitimate trade and enforcing the customs and trade laws of the United States.