---
kind: "section"
citation: "6 U.S.C. § 115"
title: "6"
title_heading: "Domestic Security"
number: "115"
heading: "Trade and customs revenue functions of the Department"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/6/115"
units:
  - "Chapter 1 — Homeland Security Organization"
  - "Subchapter I — Department of Homeland Security"
---

# §115. Trade and customs revenue functions of the Department

- (a) **Trade and customs revenue functions—**
  - (1) **Designation of appropriate official—** The [Secretary](/usc/6/101.md?p=16) shall designate an appropriate senior official in the office of the [Secretary](/usc/6/101.md?p=16) who shall—
    - (A) ensure that the trade and customs revenue [functions](/usc/6/101.md?p=9) of the [Department](/usc/6/101.md?p=5) are coordinated within the [Department](/usc/6/101.md?p=5) and with other Federal [departments](/usc/6/101.md?p=5) and [agencies](/usc/6/671.md?p=1), and that the impact on legitimate trade is taken into account in any action impacting the [functions](/usc/6/101.md?p=9); and
    - (B) monitor and report to Congress on the [Department](/usc/6/101.md?p=5)’s mandate to ensure that the trade and customs revenue [functions](/usc/6/101.md?p=9) of the [Department](/usc/6/101.md?p=5) are not diminished, including how spending, operations, and [personnel](/usc/6/101.md?p=15) related to these [functions](/usc/6/101.md?p=9) have kept pace with the level of trade entering the [United States](/usc/6/101.md?p=19-A).
  - (2) **Director of Trade Policy—** There shall be a [Director](/usc/6/677a.md?p=3) of Trade Policy (in this subsection referred to as the “[Director](/usc/6/677a.md?p=3)”), who shall be subject to the direction and control of the official designated pursuant to [paragraph (1)](#a-1). The [Director](/usc/6/677a.md?p=3) shall—
    - (A) advise the official designated pursuant to [paragraph (1)](#a-1) regarding all aspects of [Department](/usc/6/101.md?p=5) policies relating to the trade and customs revenue [functions](/usc/6/101.md?p=9) of the [Department](/usc/6/101.md?p=5);
    - (B) coordinate the development of [Department](/usc/6/101.md?p=5)-wide policies regarding trade and customs revenue [functions](/usc/6/101.md?p=9) and trade facilitation; and
    - (C) coordinate the trade and customs revenue-related policies of the [Department](/usc/6/101.md?p=5) with the policies of other Federal [departments](/usc/6/101.md?p=5) and [agencies](/usc/6/671.md?p=1).
- (b) **Study; report—**
  - (1) **In general—** The Comptroller General of the [United States](/usc/6/101.md?p=19-A) shall conduct a study evaluating the extent to which the [Department](/usc/6/101.md?p=5) of [Homeland](/usc/6/101.md?p=1) Security is meeting its obligations under [section 212(b) of this title](/usc/6/212.md?p=b) with respect to the maintenance of customs revenue [functions](/usc/6/101.md?p=9).
  - (2) **Analysis—** The study shall include an analysis of—
    - (A) the extent to which the customs revenue [functions](/usc/6/101.md?p=9) carried out by the former [United States](/usc/6/101.md?p=19-A) Customs Service have been consolidated with other [functions](/usc/6/101.md?p=9) of the [Department](/usc/6/101.md?p=5) (including the assignment of noncustoms revenue [functions](/usc/6/101.md?p=9) to [personnel](/usc/6/101.md?p=15) responsible for customs revenue collection), discontinued, or diminished following the transfer of the [United States](/usc/6/101.md?p=19-A) Customs Service to the [Department](/usc/6/101.md?p=5);
    - (B) the extent to which staffing levels or resources attributable to customs revenue [functions](/usc/6/101.md?p=9) have decreased since the transfer of the [United States](/usc/6/101.md?p=19-A) Customs Service to the [Department](/usc/6/101.md?p=5); and
    - (C) the extent to which the management structure created by the [Department](/usc/6/101.md?p=5) 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](/usc/6/101.md?p=2) a report on the results of the study conducted under [subsection (a)](#a).
  - (4) **Maintenance of functions—** Not later than September 30, 2007, the [Secretary](/usc/6/101.md?p=16) shall ensure that the requirements of [section 212(b) of this title](/usc/6/212.md?p=b) 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](/usc/6/101.md?p=9)” means the [functions](/usc/6/101.md?p=9) described in [section 212(b)(2) of this title](/usc/6/212.md?p=b-2).
- (c) **Consultation on trade and customs revenue functions—**
  - (1) **Business community consultations—** The [Secretary](/usc/6/101.md?p=16) shall consult with representatives of the business community involved in international trade, including seeking the advice and recommendations of the Commercial Operations Advisory Committee, not later than 30 days after proposing, and not later than 30 days before finalizing, any [Department](/usc/6/101.md?p=5) policies, initiatives, or actions that will have a significant impact on international trade and customs revenue [functions](/usc/6/101.md?p=9).
  - (2) **Congressional consultation and notification—**
    - (A) **In general—** Subject to [subparagraph (B)](#c-2-B), the [Secretary](/usc/6/101.md?p=16) shall notify the [appropriate congressional committees](/usc/6/101.md?p=2) not later than 60 days before proposing, and not later than 60 days before finalizing, any [Department](/usc/6/101.md?p=5) policies, initiatives, or actions that will have a major impact on trade and customs revenue [functions](/usc/6/101.md?p=9). 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](/usc/6/101.md?p=16) determines that it is important to the national security interest of the [United States](/usc/6/101.md?p=19-A) to finalize any [Department](/usc/6/101.md?p=5) policies, initiatives, or actions prior to the consultation described in [subparagraph (A)](#c-2-A), the [Secretary](/usc/6/101.md?p=16) shall—
      - (i) notify and provide any recommendations of the Commercial Operations Advisory Committee received to the [appropriate congressional committees](/usc/6/101.md?p=2) 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](/usc/6/101.md?p=2).
- (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](/usc/6/101.md?p=9) of the [Department](/usc/6/101.md?p=5), the [Secretary](/usc/6/101.md?p=16) shall notify the Committee on Appropriations, the Committee on Finance, and the Committee on [Homeland](/usc/6/101.md?p=1) Security and Governmental Affairs of the Senate, and the Committee on Appropriations, the Committee on [Homeland](/usc/6/101.md?p=1) Security, and the Committee on Ways and Means of the House of Representatives of the specific [assets](/usc/6/101.md?p=3), [functions](/usc/6/101.md?p=9), or [personnel](/usc/6/101.md?p=15) 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](/usc/6/101.md?p=9) will be impacted by the reorganization;
    - (B) an explanation of how the reorganization meets the requirements of [section 212(b) of this title](/usc/6/212.md?p=b) that the [Department](/usc/6/101.md?p=5) not diminish the customs revenue and trade facilitation [functions](/usc/6/101.md?p=9) formerly performed by the [United States](/usc/6/101.md?p=19-A) 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)](#d-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)](#d-1) takes place, the [Secretary](/usc/6/101.md?p=16), 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.

## Source credit

(Pub. L. 109–347, title IV, § 401, Oct. 13, 2006, 120 Stat. 1921; Pub. L. 114–125, title IX, § 902, Feb. 24, 2016, 130 Stat. 223.)

## Notes

### Editorial Notes

### Codification

Section was enacted as part of the Security and Accountability For Every Port Act of 2006, also known as the SAFE Port Act, and not as part of the Homeland Security Act of 2002 which comprises this chapter.

### Amendments

2016—Subsec. (c)(1). Pub. L. 114–125, § 902(1), substituted “not later than 30 days after proposing, and not later than 30 days before finalizing, any Department policies, initiatives, or actions that will have” for “on Department policies and actions that have”.

Subsec. (c)(2)(A). Pub. L. 114–125, § 902(2), substituted “not later than 60 days before proposing, and not later than 60 days before finalizing,” for “not later than 30 days prior to the finalization of”.

### Statutory Notes and Related Subsidiaries

### Definitions

For definitions of terms used in this section, see section 901 of this title.