6 U.S.C. § 115 : US Code - Section 115: Trade and customs revenue functions of the Department

Search 6 U.S.C. § 115 : US Code - Section 115: Trade and customs revenue functions of the Department

(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) the extent to which the customs revenue functions carried
out by the former United States Customs Service have been
consolidated with other functions of the Department (including
the assignment of noncustoms revenue functions to personnel
responsible for customs revenue collection), discontinued, or
diminished following the transfer of the United States Customs
Service to the Department;
(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, on Department policies and actions
that 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 30 days
prior to the finalization of 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.