USC Chapter 10

in effect

19 U.S.C. § 2071 Establishment of Service; Commissioner; appointment

There shall be in the Department of the Treasury a service to be known as the United States Customs Service, and a Commissioner of Customs.11 See Change of Name note below. The Commissioner of Customs,1 who shall be appointed by the President by and with the advice and consent of the Senate, shall— (1) be at the head of the United States Customs Service; (2) carry out the duties and powers prescribed by the Secretary of the Treasury; and (3) report to the Secretary of the Treasury through such other officials as may be designated by the Secretary.

19 U.S.C. § 2072 Officers and employees

(a) Appointment by Secretary of the TreasuryThe Secretary of the Treasury is authorized to appoint, in the service established by section 2071 of this title, one assistant commissioner, three deputy commissioners, one chief clerk, and such attorneys and other officers and employees as he may deem necessary. One of the deputy commissioners of the United States Customs Service shall have charge of investigations. Appointments under this subsection shall be subject to the provisions of the civil service laws, and the salaries shall be fixed in accordance with chapter 51 and subchapter III of chapter 53 of title 5. (b) Absence or disability of CommissionerThe Secretary of the Treasury is authorized to designate an officer of the United States Customs Service to act as Commissioner of Customs,11 See Change of Name note below. during the absence or disability of the Commissioner of Customs,1 or in the event that there is no Commissioner of Customs.1 (c) Duties of personnelThe personnel of the United States Customs Service shall perform such duties as the Secretary of the Treasury may prescribe. (d) International Trade Committee(1) EstablishmentThe 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) ResponsibilitiesThe 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 reportNot 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) DefinitionIn this section:(1) CommissionerThe term “Commissioner” means the Commissioner responsible for the United States Customs and Border Protection in the Department of Homeland Security. (2) Commercial Operations Advisory CommitteeThe term “Commercial Operations Advisory Committee” means the Advisory Committee established pursuant to section 9503(c) of the Omnibus Budget Reconciliation Act of 1987 (19 U.S.C. 2071 note) 22 See References in Text note below. or any successor committee.

19 U.S.C. § 2073 Transfer of personnel, etc., to Service

(a) Repealed. Sept. 3, 1954, ch. 1263, § 10, 68 Stat. 1229. (b) The records, property (including office equipment), and personnel of the Division of Customs are transferred to the United States Customs Service.

19 U.S.C. § 2074 Establishment of revolving fund

There is established a revolving fund of $300,000 which shall be available, without fiscal year limitation exclusively for transfer to the appropriation for collecting the revenue from customs to cover obligations of the United States Customs Service arising from authorized reimbursable services, pending reimbursement from parties in interest: Provided, That amounts so transferred shall be returned to the revolving fund not later than six months after the close of the fiscal year in which transferred.

19 U.S.C. § 2075 Appropriations authorization

(a) In general(1) For the fiscal year beginning October 1, 1979, and each fiscal year thereafter, there are authorized to be appropriated to the Department of the Treasury for the United States Customs Service only such sums as may hereafter be authorized by law. (2) The authorization of the appropriations for the United States Customs Service for each fiscal year after fiscal year 1987 shall specify—(A) the amount authorized for the fiscal year for the salaries and expenses of the Service in conducting commercial operations; and (B) the amount authorized for the fiscal year for the salaries and expenses of the Service for other than commercial operations. (3) By not later than the date on which the President submits to Congress the budget of the United States Government for a fiscal year, the Commissioner of Customs 11 See Change of Name note below. shall submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate the projected amount of funds for the succeeding fiscal year that will be necessary for the operations of the Customs Service as provided for in subsection (b). (b) Authorization of appropriations(1) For noncommercial operationsThere are authorized to be appropriated for the salaries and expenses of the Customs Service that are incurred in noncommercial operations not to exceed the following:(A) $1,365,456,000 for fiscal year 2003. (B) $1,399,592,400 for fiscal year 2004. (2) For commercial operations(A) There are authorized to be appropriated for the salaries and expenses of the Customs Service that are incurred in commercial operations not less than the following:(i) $1,642,602,000 for fiscal year 2003. (ii) $1,683,667,050 for fiscal year 2004. (B) The monies authorized to be appropriated under subparagraph (A) for any fiscal year, except for such sums as may be necessary for the salaries and expenses of the Customs Service that are incurred in connection with the processing of merchandise that is exempt from the fees imposed under section 58c(a)(9) and (10) of this title, shall be appropriated from the Customs User Fee Account. (3) For air interdictionThere are authorized to be appropriated for the operation (including salaries and expenses) and maintenance of the air interdiction program of the Customs Service not to exceed the following:(A) $170,829,000 for fiscal year 2003. (B) $175,099,725 for fiscal year 2004. (c) Mandatory 10-day defermentNo part of any sum that is appropriated under the authority of subsection (b) may be used to implement any procedure relating to the time of collection of estimated duties that shortens the maximum 10-day deferment procedure in effect on January 1, 1981. (d) Overtime pay limitations; waiverNo part of any sum that is appropriated under subsection (b) for fiscal years after September 30, 1984, may be used for administrative expenses to pay any employee of the United States Customs Service overtime pay in an amount exceeding $25,000; except that the Commissioner of Customs 1 or his designee may waive this limitation in individual cases in order to prevent excessive costs or to meet emergency requirements of the Service. (e) Pay comparability authorizationFor the fiscal year beginning October 1, 1982, and for each fiscal year thereafter, there are authorized to be appropriated to the Department of the Treasury for salaries of the United States Customs Service such additional sums as may be provided by law to reflect pay rate changes made in accordance with the Federal Pay Comparability Act of 1970. (f) Use of savings resulting from administrative consolidationsIf savings in salaries and expenses result from the consolidation of administrative functions within the Customs Service, the Commissioner of Customs 1 shall apply those savings, to the extent they are not needed to meet emergency requirements of the Service, to strengthening the commercial operations of the Service by increasing the number of inspector, import specialist, patrol officer, and other line operational positions. (g) Allocation of resources; notice to Congressional committees(1) The Commissioner of Customs 1 shall ensure that existing levels of commercial services, including inspection and control, classification, and value, shall continue to be provided by Customs personnel assigned to the headquarters office of any Customs district designated by statute before April 7, 1986. The number of such personnel assigned to any such district headquarters shall not be reduced through attrition or otherwise, and such personnel shall be afforded the opportunity to maintain their proficiency through training and workshops to the same extent provided to Customs personnel in any other district. Automation and other modernization equipment shall be made available, as needed on a timely basis, to such headquarters to the same extent as such equipment is made available to any other district headquarters. (2) The Commissioner of Customs 1 shall notify the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives at least 180 days prior to taking any action which would—(A) result in any significant reduction in force of employees other than by means of attrition; (B) result in any significant reduction in hours of operation or services rendered at any office of the United States Customs Service or any port of entry; (C) eliminate or relocate any office of the United States Customs Service; (D) eliminate any port of entry; or (E) significantly reduce the number of employees assigned to any office of the United States Customs Service or any port of entry. (3) The total number of employees of the United States Customs Service shall be equivalent to at least 17,174 full-time employees. (h) Resource Allocation Model(1) Resource Allocation ModelNot later than June 30, 2007, and every 2 years thereafter, the Commissioner shall prepare and submit to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives a Resource Allocation Model to determine the optimal staffing levels required to carry out the commercial operations of United States Customs and Border Protection, including commercial inspection and release of cargo and the revenue functions described in section 212(b)(2) of title 6. The Model shall comply with the requirements of section 212(b)(1) of such title and shall take into account previous staffing models, historic and projected trade volumes, and trends. The Resource Allocation Model shall apply both risk-based and random sampling approaches for determining adequate staffing needs for priority trade functions, including—(A) performing revenue functions; (B) enforcing antidumping and countervailing duty laws; (C) protecting intellectual property rights; (D) enforcing provisions of law relating to trade in textiles and apparel; (E) conducting agricultural inspections; (F) enforcing fines, penalties, and forfeitures; and (G) facilitating trade. (2) Personnel(A) In generalNot later than September 30, 2007, the Commissioner shall ensure that the requirements of section 212(b) of title 6 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 the implementation of this subparagraph. (B) Customs and Border Protection OfficersThe initial Resource Allocation Model required pursuant to paragraph (1) shall provide for the hiring of a minimum of 200 additional Customs and Border Protection Officers per year for each of the fiscal years 2008 through 2012. The Commissioner shall hire such additional Officers subject to the appropriation of funds to pay for the salaries and expenses of such Officers. In assigning the 1,000 additional Officers authorized by this subparagraph, the Commissioner shall—(i) consider the volume of trade and the incidence of nonvoluntarily disclosed customs and trade law violations in addition to security priorities among United States ports of entry; and (ii) before October 1, 2010, assign at least 10 additional Officers among each service port and the ports of entry serviced by such service port, except as provided in subparagraph (C). (C) AssignmentIn assigning such Officers pursuant to subparagraph (B), the Commissioner shall consult with the port directors of each service port and the other ports of entry serviced by such service port. The Commissioner shall not assign an Officer to a port of entry pursuant to subparagraph (B)(ii) if the port director of the service port that services such port of entry certifies to the Commissioner that an additional Officer is not needed at such port of entry. (D) ReportNot later than 60 days after the beginning of each of the fiscal years 2008 through 2012, the Commissioner shall submit a report to the Committee on Finance of the Senate, the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Homeland Security of the House of Representatives, and the Committee on Ways and Means of the House of Representatives, that describes how the additional Officers authorized under subparagraph (B) will be allocated among the ports of entry in the United States in accordance with subparagraph (C). (3) Authorization of appropriationsIn addition to any monies hereafter appropriated to United States Customs and Border Protection in the Department of Homeland Security, there are authorized to be appropriated for the purpose of meeting the requirements of paragraph (2)(B), to remain available until expended—(A) $36,000,000 for fiscal year 2008; (B) $75,000,000 for fiscal year 2009; (C) $118,000,000 for fiscal year 2010; (D) $165,000,000 for fiscal year 2011; and (E) $217,000,000 for fiscal year 2012. (4) ReportNot later than 30 days after the end of each fiscal year, the Commissioner shall report to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives on the resources directed to commercial and trade facilitation functions within the Office of Field Operations for the preceding fiscal year. Such information shall be reported for each category of personnel within the Office of Field Operations. (5) Regulations to implement trade agreementsNot later than 30 days after October 13, 2006, the Commissioner shall designate and maintain not less than 5 attorneys within the Office of International Trade established pursuant to section 2072 of this title, with responsibility for the prompt development and promulgation of regulations necessary to implement any trade agreement entered into by the United States, in addition to any other responsibilities assigned by the Commissioner. (6) DefinitionIn this subsection, the term “Commissioner” means the Commissioner responsible for United States Customs and Border Protection in the Department of Homeland Security.

19 U.S.C. § 2076 Advances in foreign countries

Section 3648 of the Revised Statutes (31 U.S.C. 529b) 11 See References in Text note below. shall not apply to payments made for the Bureau of Customs 22 See Change of Name note below. in foreign countries.

19 U.S.C. § 2077 Advances for enforcement of customs provisions

The Commissioner of Customs,11 See Change of Name note below. with the approval of the Secretary of the Treasury, is authorized to direct the advance of funds by the Fiscal Service, Treasury Department, in connection with the enforcement of the customs laws.

19 U.S.C. § 2078 Certification of reason for advance

A certificate by the Commissioner of Customs 11 See Change of Name note below. stating the amount of an expenditure made from funds advanced and certifying that the confidential nature of the transaction involved renders it inadvisable to specify the details thereof or impracticable to furnish the payee’s receipt shall be a sufficient voucher for the sum expressed to have been expended.

19 U.S.C. § 2079 Payments in foreign countries; claims for reimbursement

The provisions of this Act shall not affect payments made for the United States Customs Service in foreign countries, nor the right of any customs officer or employee to claim reimbursement for personal funds expended in connection with the enforcement of the customs laws.

19 U.S.C. § 2080 Advances from available appropriations; rules and regulations

Advances pursuant to this Act, in connection with the enforcement of the customs laws may be made, notwithstanding the provisions of section 3324(a) and (b) of title 31, from the appropriations available for the enforcement of such laws. The Secretary of the Treasury is authorized to prescribe such rules and regulations concerning advances made pursuant to this Act as are necessary or appropriate for the protection of the interests of the United States.

19 U.S.C. § 2081 Undercover investigative operations of Customs Service

(a) Certification required for exemption of undercover operations from certain lawsWith respect to any undercover investigative operation of the United States Customs Service (hereinafter in this section referred to as the “Service”) which is necessary for the detection and prosecution of offenses against the United States which are within the jurisdiction of the Secretary of the Treasury—(1) sums authorized to be appropriated for the Service may be used—(A) to purchase property, buildings, and other facilities, and to lease space, within the United States, the District of Columbia, and the territories and possessions of the United States without regard to—(i) sections 1341 and 3324 of title 31, (ii) sections 6301(a) and (b)(1) to (3) and 6306 of title 41, (iii) chapter 45 of title 41, (iv) section 8141 of title 40, and (v) section 3901 of title 41, and (B) to establish or to acquire proprietary corporations or business entities as part of the undercover operation, and to operate such corporations or business entities on a commercial basis, without regard to sections 9102 and 9103 of title 31; (2) sums authorized to be appropriated for the Service and the proceeds from the undercover operation, may be deposited in banks or other financial institutions without regard to the provisions of section 648 of title 18 and section 3302 of title 31; and (3) the proceeds from the undercover operation may be used to offset necessary and reasonable expenses incurred in such operation without regard to the provisions of section 3302 of title 31; only upon the written certification of the Commissioner of Customs 11 See Change of Name note below. (or, if designated by the Commissioner the Deputy or an Assistant Commissioner of Customs) 1 that any action authorized by paragraph (1), (2), or (3) of this subsection is necessary for the conduct of such undercover operation. (b) Liquidation of corporations and business entitiesIf a corporation or business entity established or acquired as part of an undercover operation under paragraph (1)(B) of subsection (a) with a net value over $50,000 is to be liquidated, sold, or otherwise disposed of, the Service, as much in advance as the Commissioner or his designee determines is practicable, shall report the circumstances to the Secretary of the Treasury. The proceeds of the liquidation, sale, or other disposition, after obligations are met, shall be deposited in the Treasury of the United States as miscellaneous receipts. (c) Deposit of proceedsAs soon as the proceeds from an undercover investigative operation with respect to which an action is authorized and carried out under paragraphs (2) and (3) of subsection (a) of this section are no longer necessary for the conduct of such operation, such proceeds or the balance of such proceeds remaining at the time shall be deposited into the Treasury of the United States as miscellaneous receipts. (d) Audits(1) The Service shall conduct a detailed financial audit of each undercover investigative operation which is closed in each fiscal year, and(A) submit the results of the audit in writing to the Secretary of the Treasury; and (B) not later than 180 days after such undercover operation is closed, submit a report to the Congress concerning such audit. (2) The Service shall also submit a report annually to the Congress specifying as to its undercover investigative operations—(A) the number, by programs, of undercover investigative operations pending as of the end of the 1-year period for which such report is submitted; (B) the number, by programs, of undercover investigative operations commenced in the 1-year period preceding the period for which such report is submitted; and (C) the number, by programs, of undercover investigative operations closed in the 1-year period preceding the period for which such report is submitted and, with respect to each such closed undercover operation, the results obtained and any civil claims made with respect thereto. (e) DefinitionsFor purposes of subsection (d) of this section—(1) The term “closed” refers to the earliest point in time at which—(A) all criminal proceedings (other than appeals) are concluded, or (B) covert activities are concluded, whichever occurs later. (2) The term “employees” means employees, as defined in section 2105 of title 5, of the Service. (3) The terms “undercover investigative operation” and “undercover operation” mean any undercover investigative operation of the Service—(A) in which—(i) the gross receipts (excluding interest earned) exceed $50,000, or (ii) expenditures (other than expenditures for salaries of employees) exceed $150,000; and (B) which is exempt from section 3302 or 9102 of title 31; except that subparagraphs (A) and (B) shall not apply with respect to the report required under paragraph (2) of subsection (d) of this section.

19 U.S.C. § 2082 Customs Service administration

(a) In generalThe Commissioner of Customs 11 See Change of Name note below. shall—(1) develop and implement accounting systems that accurately determine and report the allocations made of Customs Service personnel and other resources among the various operational functions of the Service, such as passenger processing, merchandise processing and drug enforcement; and (2) develop and implement periodic labor distribution surveys of major workforce activities (such as inspectors, import specialists, fines, penalties, and forfeiture officers, special agents, data transcribers, and Customs aides) to determine the costs of different types of passenger and merchandise processing transactions, such as informal and formal entries, and automated and manual entries. (b) Survey reportsThe Commissioner of Customs 1 shall no later than January 31, 1991, submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a report on the results of the first survey implemented under subsection (a)(2).

19 U.S.C. § 2083 Annual national trade and customs law violation estimates and enforcement strategy

(a) Violation estimatesNot later than 30 days before the beginning of each fiscal year after fiscal year 1991, the Commissioner of Customs 11 See Change of Name note below. shall submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate (hereafter in this section referred to as the “Committees”) a report that contains estimates of—(1) the number and extent of violations of the trade, customs, and illegal drug control laws listed under subsection (b) that will likely occur during the fiscal year; and (2) the relative incidence of the violations estimated under paragraph (1) among the various ports of entry and customs regions within the customs territory. (b) Applicable statutory provisionsThe Commissioner of Customs,1 after consultation with the Committees—(1) shall, within 60 days after August 20, 1990, prepare a list of those provisions of the trade, customs, and illegal drug control laws of the United States for which the United States Customs Service has enforcement responsibility and to which the reports required under subsection (a) will apply; and (2) may from time-to-time amend the listing developed under paragraph (1). (c) Enforcement strategyWithin 90 days after submitting a report under subsection (a) for any fiscal year, the Commissioner of Customs 1 shall—(1) develop a nationally uniform enforcement strategy for dealing during that year with the violations estimated in the report; and (2) submit to the Committees a report setting forth the details of the strategy. (d) Compliance programThe Commissioner of Customs 1 shall—(1) devise and implement a methodology for estimating the level of compliance with the laws administered by the Customs Service; and (2) include as an additional part of the report required to be submitted under subsection (a) for each of fiscal years 1994, 1995, and 1996, an evaluation of the extent to which such compliance was obtained during the 12-month period preceding the 60th day before each such fiscal year. (e) ConfidentialityThe contents of any report submitted to the Committees under subsection (a) or (c)(2) are confidential and disclosure of all or part of the contents is restricted to—(1) officers and employees of the United States designated by the Commissioner of Customs; 1 (2) the chairman of each of the Committees; and (3) those members of each of the Committees and staff persons of each of the Committees who are authorized by the chairman thereof to have access to the contents.

19 U.S.C. § 2084 Office of Trade

(a) In generalThere is established in U.S. Customs and Border Protection an Office of Trade. (b) Executive Assistant CommissionerThere 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) DutiesThe 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 4314 of this title; (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 58c(f)(4) of this title and support for the establishment of the International Trade Data System under the oversight of the Department of the Treasury pursuant to section 1411(d) of this title; (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) TransferNot later than 30 days after February 24, 2016, 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).11 So in original. Probably should be “subsection (a).” (B) EliminationNot later than 30 days after February 24, 2016, the Office of International Trade shall be abolished. (C) Limitation on fundsNo 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 definedIn this paragraph, the term “Office of International Trade” means the Office of International Trade established by section 2072 of this title and as in effect on the day before February 24, 2016. (2) Other transfers(A) In generalThe 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 notificationNot 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) DefinitionsIn 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 4301 of this title.