---
kind: "section"
citation: "19 U.S.C. § 4316"
title: "19"
title_heading: "Customs Duties"
number: "4316"
heading: "Commercial Customs Operations Advisory Committee"
release: "119-102"
url: "https://uscodex.org/usc/19/4316"
units:
  - "Chapter 28 — Trade Facilitation and Trade Enforcement"
  - "Subchapter I — Trade Facilitation and Trade Enforcement"
---

# §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 Operations Advisory [Committee](/usc/19/2601.md?p=3) (in this section referred to as the “Advisory [Committee](/usc/19/2601.md?p=3)”).
- (b) **Membership—**
  - (1) **In general—** The Advisory [Committee](/usc/19/2601.md?p=3) shall be comprised of—
    - (A) 20 individuals appointed under [paragraph (2)](#b-2);
    - (B) the Assistant Secretary for Tax Policy of the Department of the Treasury and the [Commissioner](/usc/19/4301.md?p=3), who shall jointly co-chair meetings of the Advisory [Committee](/usc/19/2601.md?p=3); and
    - (C) the Assistant Secretary for Policy and the Director of U.S. Immigration and Customs Enforcement, who shall serve as deputy co-chairs of meetings of the Advisory [Committee](/usc/19/2601.md?p=3).
  - (2) **Appointment—**
    - (A) **In general—** The Secretary of the Treasury and the Secretary of Homeland Security shall jointly appoint 20 individuals from the private sector to the Advisory [Committee](/usc/19/2601.md?p=3).
    - (B) **Requirements—** In making appointments under [subparagraph (A)](#b-2-A), the Secretary of the Treasury and the Secretary of Homeland Security shall appoint [members](/usc/19/2571.md?p=8)—
      - (i) to ensure that the membership of the Advisory [Committee](/usc/19/2601.md?p=3) is representative of the individuals and firms affected by the [commercial operations of U.S. Customs and Border Protection](/usc/19/4301.md?p=2); and
      - (ii) without regard to political affiliation.
    - (C) **Terms—** Each individual appointed to the Advisory [Committee](/usc/19/2601.md?p=3) 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.
  - (3) **Transfer of membership—** The Secretary of the Treasury and the Secretary of Homeland Security may transfer [members](/usc/19/2571.md?p=8) serving on the Advisory [Committee](/usc/19/2601.md?p=3) 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](/usc/19/2071.md) note)[^1] on the day before February 24, 2016, to the Advisory [Committee](/usc/19/2601.md?p=3) established under [subsection (a)](#a).
- (c) **Duties—** The Advisory [Committee](/usc/19/2601.md?p=3) established under [subsection (a)](#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](/usc/19/4301.md?p=2), including advising with respect to significant changes that are proposed with respect to regulations, policies, or practices of U.S. Customs and Border Protection;
  - (2) provide recommendations to the Secretary of the Treasury and the Secretary of Homeland Security on improvements to the [commercial operations of U.S. Customs and Border Protection](/usc/19/4301.md?p=2);
  - (3) collaborate in developing the agenda for Advisory [Committee](/usc/19/2601.md?p=3) meetings; and
  - (4) perform such other functions relating to the [commercial operations of U.S. Customs and Border Protection](/usc/19/4301.md?p=2) as prescribed by law or as the Secretary of the Treasury and the Secretary of Homeland Security jointly direct.
- (d) **Meetings—** Notwithstanding [section 1009(f) of title 5](/usc/5/1009.md?p=f), the Advisory [Committee](/usc/19/2601.md?p=3) 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 ⅔ of the membership of the Advisory [Committee](/usc/19/2601.md?p=3). The Advisory [Committee](/usc/19/2601.md?p=3) shall meet at least 4 times each calendar year.
- (e) **Annual report—** Not later than December 31, 2016, and annually thereafter, the Advisory [Committee](/usc/19/2601.md?p=3) shall submit to the [Committee](/usc/19/2601.md?p=3) on Finance of the Senate and the [Committee](/usc/19/2601.md?p=3) on Ways and Means of the House of Representatives a report that—
  - (1) describes the activities of the Advisory [Committee](/usc/19/2601.md?p=3) during the preceding fiscal year; and
  - (2) sets forth any recommendations of the Advisory [Committee](/usc/19/2601.md?p=3) regarding the [commercial operations of U.S. Customs and Border Protection](/usc/19/4301.md?p=2).
- (f) **Termination—** [Section 1013(a) of title 5](/usc/5/1013.md?p=a) shall not apply to the Advisory [Committee](/usc/19/2601.md?p=3).
- (g) **Conforming amendment—**
  - (1) **Omitted—**
  - (2) **Reference—** Any reference in law to the Advisory [Committee](/usc/19/2601.md?p=3) 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](/usc/19/2071.md) note) made on or after the date on which the Advisory [Committee](/usc/19/2601.md?p=3) is established under [subsection (a)](#a), shall be deemed a reference to the Commercial Customs Operations Advisory [Committee](/usc/19/2601.md?p=3) established under [subsection (a)](#a).

## Footnotes

[^1]: See References in Text note below.

## Source credit

(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.)

## Notes

### 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 establishment 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), 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)”.