19 U.S.C. § 4316 — Commercial Customs Operations Advisory

Page 1096 TITLE 19—CUSTOMS DUTIES § 4315 1 See References in Text note below. (Pub. L. 114–125, title I, § 105, Feb. 24, 2016, 130 Stat. 132.) § 4315. Consultations with respect to mutual rec- ognition arrangements (a) Consultations The Secretary of Homeland Security, with re- spect to any proposed mutual recognition ar- rangement or similar agreement between the United States and a foreign government pro- viding for mutual recognition of supply chain security programs and customs revenue func- tions, shall consult with the appropriate con- gressional committees— (1) not later than 30 days before initiating negotiations to enter into any such arrange- ment or similar agreement; and (2) not later than 30 days before entering into any such arrangement or similar agree- ment. (b) Negotiating objective It shall be a negotiating objective of the United States in any negotiation for a mutual recognition arrangement or similar agreement with a foreign country on partnership programs, such as the Customs–Trade Partnership Against Terrorism established under subtitle B of title II of the Security and Accountability for Every Port Act of 2006 (6 U.S.C. 961 et seq.), to seek to ensure the compatibility of the partnership pro- grams of that country with the partnership pro- grams of U.S. Customs and Border Protection to enhance security, trade facilitation, and trade enforcement. (Pub. L. 114–125, title I, § 108, Feb. 24, 2016, 130 Stat. 135.) Editorial Notes REFERENCES IN TEXT The Security and Accountability for Every Port Act of 2006, referred to in subsec. (b), is Pub. L. 109–347, Oct. 13, 2006, 120 Stat. 1884, also known as the SAFE Port Act. Subtitle B of title II of the Act is classified gen- erally to part B (§ 961 et seq.) of subchapter II of chap- ter 3 of Title 6, Domestic Security. For complete classi- fication of this Act to the Code, see Short Title note set out under section 901 of Title 6 and Tables. § 4316. Commercial Customs Operations Advisory Committee (a) Establishment 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 Oper- ations Advisory Committee (in this section re- ferred to as the ‘‘Advisory Committee’’). (b) Membership (1) In general The Advisory Committee shall be comprised of— (A) 20 individuals appointed under para- graph (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 Cus- toms Enforcement, who shall serve as dep- uty co-chairs of meetings of the Advisory Committee. (2) Appointment (A) In general The Secretary of the Treasury and the Secretary of Homeland Security shall joint- ly appoint 20 individuals from the private sector to the Advisory Committee. (B) Requirements In making appointments under subpara- graph (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 affili- ation. (C) Terms Each individual appointed to the Advisory Committee under this paragraph shall be ap- pointed 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) Transfer of membership The Secretary of the Treasury and the Sec- retary of Homeland Security may transfer members serving on the Advisory Committee on Commercial Operations of the United States Customs Service established under sec- tion 9503(c) of the Omnibus Budget Reconcili- ation 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). (c) Duties 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, in- cluding advising with respect to significant changes that are proposed with respect to reg- ulations, policies, or practices of U.S. Customs and Border Protection; (2) provide recommendations to the Sec- retary 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 Sec- retary of Homeland Security jointly direct. (d) Meetings Notwithstanding section 1009(f) of title 5, the Advisory Committee shall meet at the call of Page 1097 TITLE 19—CUSTOMS DUTIES § 4317 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 Com- mittee. The Advisory Committee shall meet at least 4 times each calendar year. (e) Annual report Not later than December 31, 2016, and annually thereafter, the Advisory Committee shall sub- mit 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 commer- cial operations of U.S. Customs and Border Protection. (f) Termination Section 1013(a) of title 5 shall not apply to the Advisory Committee. (g) Conforming amendment (1) Omitted (2) Reference Any reference in law to the Advisory Com- mittee 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 Advi- sory Committee is established under sub- section (a), shall be deemed a reference to the Commercial Customs Operations Advisory Committee established under subsection (a). (Pub. L. 114–125, title I, § 109, Feb. 24, 2016, 130 Stat. 136; Pub. L. 117–286, § 4(a)(143), Dec. 27, 2022, 136 Stat. 4321.) 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 establish- ment 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), sub- stituted ‘‘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.; relat- ing to the termination of advisory committees)’’. § 4317. Centers of Excellence and Expertise (a) In general The Commissioner shall, in consultation with the appropriate congressional committees and the Commercial Customs Operations Advisory Committee established under section 4316 of this title, develop and implement Centers of Excel- lence and Expertise throughout U.S. Customs and Border Protection that— (1) enhance the economic competitiveness of the United States by consistently enforcing the laws and regulations of the United States at all ports of entry of the United States and by facilitating the flow of legitimate trade through increasing industry-based knowledge; (2) improve enforcement efforts, including enforcement of priority trade issues described in section 4322 of this title, in specific industry sectors through the application of targeting information from the National Targeting Cen- ter under section 4318 of this title and from other means of verification; (3) build upon the expertise of U.S. Customs and Border Protection in particular industry operations, supply chains, and compliance re- quirements; (4) promote the uniform implementation at each port of entry of the United States of poli- cies and regulations relating to imports; (5) centralize the trade enforcement and trade facilitation efforts of U.S. Customs and Border Protection; (6) formalize an account-based approach to apply, as the Commissioner determines appro- priate, to the importation of merchandise into the United States; (7) foster partnerships though the expansion of trade programs and other trusted partner programs; (8) develop applicable performance measure- ments to meet internal efficiency and effec- tiveness goals; and (9) whenever feasible, facilitate a more effi- cient flow of information between Federal agencies. (b) Report Not later than December 31, 2016, the Commis- sioner shall submit to the appropriate congres- sional committees a report describing— (1) the scope, functions, and structure of each Center of Excellence and Expertise devel- oped and implemented under subsection (a); (2) the effectiveness of each such Center of Excellence and Expertise in improving en- forcement efforts, including enforcement of priority trade issues described in section 4322 of this title, and facilitating legitimate trade; (3) the quantitative and qualitative benefits of each such Center of Excellence and Exper- tise to the trade community, including through fostering partnerships through the ex- pansion of trade programs such as the Im- porter Self Assessment program and other trusted partner programs; (4) all applicable performance measurements with respect to each such Center of Excellence and Expertise, including performance meas- ures with respect to meeting internal effi- ciency and effectiveness goals; (5) the performance of each such Center of Excellence and Expertise in increasing the ac- curacy and completeness of data with respect to international trade and facilitating a more efficient flow of information between Federal agencies; and