Section 2 of the Customs Bureau Act
Public Law 69–348, as amended
Section 2 of the Customs Bureau Act
348
114–125
Statute Compilation
United States House of Representatives
Office of the Legislative Counsel
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
GPO Statute Compilations USLM converter, version 20210527.1
2021-10-15
Customs Bureau Act
11501
69
1927-03-03
Section 2 of the Customs Bureau Act
[(Public Law 69–348)]
[As Amended Through P.L. 114–125, Enacted February 24, 2016]
[Currency: This publication is a compilation of the text of Public Law 69–348. It was last amended by the public law listed in the As Amended Through note above and below at the bottom of each page of the pdf version and reflects current law through the date of the enactment of the public law listed at https://www.govinfo.gov/app/collection/comps/]
[Note: While this publication does not represent an official version of any Federal statute, substantial efforts have been made to ensure the accuracy of its contents. The official version of Federal law is found in the United States Statutes at Large and in the United States Code. The legal effect to be given to the Statutes at Large and the United States Code is established by statute (1 U.S.C. 112, 204).]
AN ACTTo create a Bureau of Customs and a Bureau of Prohibition in the Department of the Treasury.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
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Section 2. [[19 U.S.C. 2072(d)]] (a) The Secretary of the Treasury is authorized to appoint, in each of the bureaus established by section 1, one assistant commissioner,
two deputy commissioners, one chief clerk, and such attorneys customs and
other officers and employees as he may deem necessary. One of the deputy commissioners of the Bureau of Customs shall have charge
of investigations. Appointments under this subdivision shall be subject to the provisions of the civil service laws, and the salaries
shall be fixed in accordance with the Classification Act of 1923.
(b) The Secretary of the Treasury is authorized to designate an
officer of the Bureau of Customs to act as Commissioner of Customs,
during the absence or disability of the Commissioner of Customs, or
in the event that there is no Commissioner of Customs; and to designate
an officer of the Bureau of Prohibition to act as Commissioner
of Prohibition during the absence or disability of the Commissioner
of Prohibition, or in the event that there is no Commissioner of
Prohibition.
(c) The personnel of the Bureau of Customs
shall perform such duties
as the Secretary of the Treasury may prescribe.
(d) International Trade Committee.—
(1) Establishment.— The Commissioner shall establish an International Trade Committee, to be chaired by the Commissioner, and to include the Deputy Commissioner, the Assistant Commissioner in the Office of Field Operations, the Assistant Commissioner in the Office of Finance, the Assistant Commissioner in the Office of International Affairs, the Assistant Commissioner in the Office of International Trade, the Director of the Office of Trade Relations, and any other official determined by the Commissioner to be important to the work of the Committee.
(2) Responsibilities.—The International Trade Committee shall—
(A) be responsible for advising the Commissioner with respect to the commercial customs and trade facilitation functions of the United States Customs and Border Protection;
(B) assist the Commissioner in coordinating with the Secretary regarding commercial customs and trade facilitation functions; and
(C) oversee the operation of all programs and systems that are involved in the assessment and collection of duties, bonds, and other charges or penalties associated with the entry of cargo into the United States, or the export of cargo from the United States, including the administration of duty drawback and the collection of antidumping and countervailing duties.
(3) Annual report.—Not later than 30 days after the end of each fiscal year, the International Trade 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. The report shall—
(A) detail the activities of the International Trade Committee during the preceding fiscal year; and
(B) identify the priorities of the International Trade Committee for the fiscal year in which the report is filed.
(e) Definition.—In this section:
(1) Commissioner.—The term ‘Commissioner’ means the Commissioner responsible for the United States Customs and Border Protection in the Department of Homeland Security.
(2) Commercial operations advisory committee.—The term ‘Commercial Operations Advisory Committee’ means the Advisory Committee established pursuant to section 9503(c) of the Omnibus Budget Reconciliation Act of 1987 or any successor committee.
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SEC. 4. [[19 U.S.C. 2084]] OFFICE OF TRADE.
(a) In General.—There is established in U.S. Customs and Border Protection an Office of Trade.
(b) Executive Assistant Commissioner.—There shall be at the head of the Office of Trade an Executive Assistant Commissioner, who shall report to the Commissioner of U.S. Customs and Border Protection.
(c) Duties.—The Office of Trade shall—
(1) direct the development and implementation, pursuant to the customs and trade laws of the United States, of policies and regulations administered by U.S. Customs and Border Protection;
(2) advise the Commissioner of U.S. Customs and Border Protection with respect to the impact on trade facilitation and trade enforcement of any policy or regulation otherwise proposed or administered by U.S. Customs and Border Protection;
(3) coordinate with the Executive Assistant Commissioner for the Office of Field Operations with respect to the trade facilitation and trade enforcement activities of U.S. Customs and Border Protection;
(4) direct the development and implementation of matters relating to the priority trade issues identified by the Commissioner of U.S. Customs and Border Protection in the joint strategic plan for trade facilitation and trade enforcement required under section 105 of the Trade Facilitation and Trade Enforcement Act of 2015;
(5) otherwise advise the Commissioner of U.S. Customs and Border Protection with respect to the development and implementation of the joint strategic plan;
(6) direct the trade enforcement activities of U.S. Customs and Border Protection;
(7) oversee the trade modernization activities of U.S. Customs and Border Protection, including the development and implementation of the Automated Commercial Environment computer system authorized under section 13031(f)(4) of the Consolidated Omnibus Budget and Reconciliation Act of 1985 (19 U.S.C. 58c(f)(4)) and support for the establishment of the International Trade Data System under the oversight of the Department of the Treasury pursuant to section 411(d) of the Tariff Act of 1930 (19 U.S.C. 1411(d));
(8) direct the administration of customs revenue functions as otherwise provided by law or delegated by the Commissioner of U.S. Customs and Border Protection; and
(9) prepare an annual report to be submitted to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives not later than June 1, 2016, and March 1 of each calendar year thereafter that includes—
(A) a summary of the changes to customs policies and regulations adopted by U.S. Customs and Border Protection during the preceding calendar year; and
(B) a description of the public vetting and interagency consultation that occurred with respect to each such change.
(d) Transfer of Assets, Functions, Personnel, or Liabilities; Elimination of Offices.—
(1) Office of international trade.—
(A) Transfer.—Not later than 30 days after the date of the enactment of the Trade Facilitation and Trade Enforcement Act of 2015, the Commissioner of U.S. Customs and Border Protection shall transfer the assets, functions, personnel, and liabilities of the Office of International Trade to the Office of Trade established under subsection (b).
(B) Elimination.—Not later than 30 days after the date of the enactment of the Trade Facilitation and Trade Enforcement Act of 2015, the Office of International Trade shall be abolished.
(C) Limitation on funds.—No funds appropriated to U.S. Customs and Border Protection or the Department of Homeland Security may be used to transfer the assets, functions, personnel, or liabilities of the Office of International Trade to an office other than the Office of Trade established under subsection (a), unless the Commissioner of U.S. Customs and Border Protection notifies the Committee on Homeland Security and the Committee on Ways and Means of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on Finance of the Senate of the specific assets, functions, personnel, or liabilities to be transferred, and the reason for the transfer, not less than 90 days prior to the transfer of such assets, functions, personnel, or liabilities.
(D) Office of international trade defined.—In this paragraph, the term “Office of International Trade” means the Office of International Trade established by section 2 of this Act and as in effect on the day before the date of the enactment of the Trade Facilitation and Trade Enforcement Act of 2015.
(2) Other transfers.—
(A) In general.—The Commissioner of U.S. Customs and Border Protection is authorized to transfer any other assets, functions, or personnel within U.S. Customs and Border Protection to the Office of Trade established under subsection (a).
(B) Congressional notification.—Not less than 90 days prior to the transfer of assets, functions, personnel, or liabilities under subparagraph (A), the Commissioner of U.S. Customs and Border Protection shall notify the Committee on Homeland Security and the Committee on Ways and Means of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on Finance of the Senate of the specific assets, functions, personnel, or liabilities to be transferred, and the reason for such transfer.
(e) Definitions.—In this section, the terms “customs and trade laws of the United States”, “trade enforcement”, and “trade facilitation” have the meanings given such terms in section 2 of the Trade Facilitation and Trade Enforcement Act of 2015.
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