TITLE 19 - US CODE - CHAPTER 10 - CUSTOMS SERVICE

19 USC 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. The Commissioner of Customs, 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 USC 2072 - Officers and employees

(a) Appointment by Secretary of the Treasury 
The 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 Commissioner 
The Secretary of the Treasury is authorized to designate an officer of the United States Customs Service 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.
(c) Duties of personnel 
The personnel of the United States Customs Service shall perform such duties as the Secretary of the Treasury may prescribe.
(d) Office of International Trade 

(1) Establishment 
There is established within the United States Customs and Border Protection an Office of International Trade that shall be headed by an Assistant Commissioner.
(2) Transfer of assets, functions, and personnel; elimination of offices 

(A) Office of Strategic Trade 

(i) In general Not later than 90 days after October 13, 2006, the Commissioner shall transfer the assets, functions, and personnel of the Office of Strategic Trade to the Office of International Trade established pursuant to paragraph (1) and the Office of Strategic Trade shall be abolished.
(ii) Limitation on funds No funds appropriated to the United States Customs and Border Protection may be used to transfer the assets, functions, or personnel of the Office of Strategic Trade, to an office other than the office established pursuant to paragraph (1) of this subsection.
(B) Office of regulations and rulings 

(i) In general Not later than 90 days after October 13, 2006, the Commissioner shall transfer the assets, functions, and personnel of the Office of Regulations and Rulings to the Office of International Trade established pursuant to paragraph (1) and the Office of Regulations and Rulings shall be abolished.
(ii) Limitation on funds No funds appropriated to the United States Customs and Border Protection may be used to transfer the assets, functions, or personnel of the Office of Regulations and Rulings, to an office other than the office established pursuant to paragraph (1) of this subsection.
(C) Other transfers 
The Commissioner is authorized to transfer any other assets, functions, or personnel within the United States Customs and Border Protection to the Office of International Trade established pursuant to paragraph (1). Not less than 45 days prior to each such transfer, the Commissioner shall notify the Committee on Appropriations, the Committee on Finance, and the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Appropriations, the Committee on Homeland Security, and the Committee on Ways and Means of the House of Representatives of the specific assets, functions, or personnel to be transferred, and the reason for such transfer. Such notification shall also include
(i) an explanation of how trade enforcement functions will be impacted by the reorganization;
(ii) an explanation of how the reorganization meets the requirements of section 212 (b) of title 6 that the Department of Homeland Security not diminish the customs revenue and trade facilitation functions formerly performed by the United States Customs Service; and
(iii) any comments or recommendations provided by the Commercial Operations Advisory Committee regarding such reorganization.
(D) Report 
Not later than 1 year after any reorganization pursuant to subparagraph (C) takes place, the Commissioner, in consultation with the Commercial Operations Advisory Committee, shall 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.
(E) Limitation on authority 
Notwithstanding any other provision of law, the Commissioner shall not transfer any assets, functions, or personnel from United States ports of entry, associated with the enforcement of laws relating to trade in textiles and apparel, to the Office of International Trade established pursuant to paragraph (1), until the following conditions are met:
(i) The Commissioner submits the initial Resource Allocation Model required by section 2075 (h) of this title and includes in such Resource Allocation Model a section addressing the allocation of assets, functions, and personnel associated with the enforcement of laws relating to trade in textiles and apparel.
(ii) The Commissioner consults with the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives regarding any subsequent transfer of assets, functions, or personnel associated with the enforcement of laws relating to trade in textiles and apparel, not less than 45 days prior to such transfer.
(F) Limitation on appropriations 
No funds appropriated to the United States Customs and Border Protection may be used to transfer the assets, functions, or personnel associated with the enforcement of laws relating to trade in textiles and apparel, before the Commissioner consults with the congressional committees pursuant to subparagraph (E)(ii).
(e) 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.
(f) 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 (19 U.S.C. 2071 note ) or any successor committee.

19 USC 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 USC 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 USC 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 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) of this section.
(b) Authorization of appropriations 

(1) For noncommercial operations 
There 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 interdiction 
There 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 deferment 
No part of any sum that is appropriated under the authority of subsection (b) of this section 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; waiver 
No part of any sum that is appropriated under subsection (b) of this section 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 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 authorization 
For 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 consolidations 
If savings in salaries and expenses result from the consolidation of administrative functions within the Customs Service, the Commissioner of Customs 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 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 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 Model 
Not 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 general 
Not 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 Officers 
The 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) Assignment 
In 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) Report 
Not 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 appropriations 
In 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) Report 
Not 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 agreements 
Not 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) Definition 
In this subsection, the term Commissioner means the Commissioner responsible for United States Customs and Border Protection in the Department of Homeland Security.

19 USC 2076 - Advances in foreign countries

Section 3324 (a) and (b) of title 31 shall not apply to payments made for the United States Customs Service in foreign countries.

19 USC 2077 - Advances for enforcement of customs provisions

The Commissioner of Customs, 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 USC 2078 - Certification of reason for advance

A certificate by the Commissioner of Customs 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 payees receipt shall be a sufficient voucher for the sum expressed to have been expended.

19 USC 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 USC 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 USC 2081 - Undercover investigative operations of Customs Service

(a) Certification required for exemption of under­cover operations from certain laws 
With 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 11 (a) and 22 of title 41,
(iii) section 255 of title 41,
(iv) section 8141 of title 40, and
(v) section 254 (a) 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 (or, if designated by the Commissioner the Deputy or an Assistant Commissioner of Customs) 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 entities 
If a corporation or business entity established or acquired as part of an undercover operation under paragraph (1)(B) of subsection (a) of this section 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 proceeds 
As 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) Definitions 
For 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 USC 2082 - Customs Service administration

(a) In general 
The Commissioner of Customs 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 reports 
The Commissioner of Customs 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) of this section.

19 USC 2083 - Annual national trade and customs law violation estimates and enforcement strategy

(a) Violation estimates 
Not later than 30 days before the beginning of each fiscal year after fiscal year 1991, the Commissioner of Customs 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) of this section 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 provisions 
The Commissioner of Customs, 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) of this section will apply; and
(2) may from time-to-time amend the listing developed under paragraph (1).
(c) Enforcement strategy 
Within 90 days after submitting a report under subsection (a) of this section for any fiscal year, the Commissioner of Customs 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 program 
The Commissioner of Customs 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) of this section 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) Confidentiality 
The contents of any report submitted to the Committees under subsection (a) or (c)(2) of this section 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;
(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.