Sec. 205. Customs Operations Advisory Committee
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Not later than December 31, 2013, the Secretary of the Treasury and the Secretary of Homeland Security shall jointly establish a Customs Operations Advisory Committee (in this section referred to as the Advisory Committee ). The Advisory Committee shall be comprised of— 20 individuals appointed under paragraph (2); the Commissioner and the Assistant Secretary for Tax Policy of the Department of the Treasury, who shall jointly co-chair meetings of the Advisory Committee; and the Assistant Secretary for Policy of the Department of Homeland Security and the Director of U.S.
Immigration and Customs Enforcement, who shall serve as deputy co-chairs of meetings of the Advisory Committee. Not later than 180 days after the date of the enactment of this Act, the Secretary of the Treasury and the Secretary of Homeland Security shall jointly appoint 20 individuals from the private sector to the Advisory Committee, not more than 10 of whom shall be of the same political party. Each individual appointed to the Advisory Committee under this paragraph shall be appointed for a term of up to 3 years, and may be reappointed to subsequent terms, but may not serve more than 2 terms sequentially.
The individuals appointed to the Advisory Committee shall be broadly representative of the sectors of the United States economy affected by the commercial operations of the U.S. Customs and Border Protection Agency and the investigations of the U.S. Immigration and Customs Enforcement Agency. 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) on the day before the date of the enactment of this Act to the Advisory Committee established under subsection (a).
The Advisory Committee established under subsection
(a)shall— advise the Secretary of the Treasury and the Secretary of Homeland Security on all matters involving the commercial operations of the U.S. Customs and Border Protection Agency and the investigations of the U.S. Immigration and Customs Enforcement Agency, including advising with respect to significant changes that are proposed with respect to policies or regulations of either such Agency; provide recommendations to the Secretary of the Treasury and the Secretary of Homeland Security on improvements to the commercial operations of the U.S. Customs and Border Protection Agency and the investigations of the U.S. Immigration and Customs Enforcement Agency; and perform such other functions relating to the commercial operations of the U.S. Customs and Border Protection Agency and the investigations of the U.S. Immigration and Customs Enforcement Agency as prescribed by law or as the Secretary of the Treasury and the Secretary of Homeland Security jointly direct. 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, at a minimum, meet at least 4 times each calendar year. Additional meetings may be called of such special task forces or other groups made up of members of the Advisory Committee as the Advisory Committee determines appropriate. Any member of the Advisory Committee may recommend additional items for the agenda of a meeting before the meeting. A meeting of the Advisory Committee shall be open to the public unless the Secretary of the Treasury and the Secretary of Homeland Security determine that the meeting will include matters the disclosure of which would seriously compromise the development of policies, priorities, or negotiating objectives or positions that could impact the commercial operations of the U.S. Customs and Border Protection Agency or the investigations of the U.S. Immigration and Customs Enforcement Agency. Not later than December 31 of each calendar year, 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— describes the activities of the Advisory Committee during the preceding fiscal year; and sets forth any recommendations of the Advisory Committee regarding the commercial operations of the U.S. Customs and Border Protection Agency and the investigations of the U.S. Immigration and Customs Enforcement Agency during the preceding fiscal year. The members of the Advisory Committee appointed under subsection (b)(2) may submit directly to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives such additional reports on the commercial operations of the U.S. Customs and Border Protection Agency and the investigations of the U.S. Immigration and Customs Enforcement Agency as such members determine appropriate. The provisions of the Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the Advisory Committee, except as follows: Subsections
(a)and
(b)of section 10 of such Act (relating to open meetings and availability of information) shall not apply. Section 11 of such Act (relating to the availability of transcripts of meetings) shall not apply. Section 14(a)(2) of such Act (relating to termination) shall be applied by substituting 4-year period for two-year period . Effective January 31, 2014, section 9503(c) of the Omnibus Budget Reconciliation Act of 1987 ( 19 U.S.C. 2071 note) is repealed. On or after January 31, 2014, 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) shall be deemed to be a reference to the Customs Operations Advisory Committee established under subsection (a). The Security and Accountability for Every Port Act of 2006 (6 U.S.C. 901 et seq.) is amended— in section 2, by striking paragraph
(2)and inserting the following: The term Customs Operations Advisory Committee means the Advisory Committee established under section 205 of the Trade Facilitation and Trade Enforcement Reauthorization Act of 2013 or any successor committee. ; and by striking Commercial Operations Advisory Committee each place it appears and inserting Customs Operations Advisory Committee . Section 411(d) of the Tariff Act of 1930 ( 19 U.S.C. 1411(d) ) is amended— in paragraph (1)(D), by striking Commercial Operations Advisory Committee and inserting Customs Operations Advisory Committee ; and by striking paragraph
(7)and inserting the following: In this section, the term Customs Operations Advisory Committee means the Advisory Committee established under section 205 of the Trade Facilitation and Trade Enforcement Reauthorization Act of 2013 or any successor committee. . The amendments made by this subsection shall take effect on January 1, 2014.
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