§ 2071. — Establishment of Service; Commissioner; appointment.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 19USC2071]
TITLE 19--CUSTOMS DUTIES
CHAPTER 10--CUSTOMS SERVICE
Sec. 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.
(Mar. 3, 1927, ch. 348, Sec. 1, 44 Stat. 1381; May 27, 1930, ch. 342,
Sec. 8, 46 Stat. 430; Ex. Ord. No. 6639, Sec. 1a, Mar. 10, 1934; Pub. L.
101-207, Sec. 3(b)(1), Dec. 7, 1989, 103 Stat. 1833.)
Codification
Provisions that fixed the compensation of the Commissioner have been
omitted as the position is under the Executive Schedule, see section
5316 of Title 5, Government Organization and Employees.
Provisions that authorized appointment of the Commissioner ``without
regard to the civil service laws'' were omitted as the appointment is
subject to the civil service laws unless specifically excepted by such
laws or by laws enacted subsequent to Executive Order No. 8743, Apr. 23,
1941, issued by the President pursuant to the act of Nov. 26, 1940, ch.
919, title I, Sec. 1, 54 Stat. 1211, which covered most excepted
positions into the classified (competitive) civil service. The Order is
set out as a note under section 3301 of Title 5. The position is
currently excepted from the civil service rules and regulations by
Schedule C, see Part 213 of Title 5 of the Code of Federal Regulations.
Section was formerly classified to section 281 of Title 5 prior to
the general revision and codification of Title 5 by Pub. L. 89-554,
Sec. 1, Sept. 6, 1966, 80 Stat. 378.
References to the Bureau of Prohibition and to the Commissioner of
Prohibition were omitted in view of the change of name of the Bureau of
Prohibition to the Bureau of Industrial Alcohol by act May 27, 1930, and
the abolition of the Bureau of Industrial Alcohol by Ex. Ord. No. 6639.
Amendments
1989--Pub. L. 101-207 amended second sentence generally. Prior to
amendment, second sentence read as follows: ``The Commissioner of
Customs shall be at the head of the United States Customs Service, and
the Commissioner of Customs shall be appointed by the Secretary of the
Treasury.''
Change of Name
``United States Customs Service'' substituted in text for ``Bureau
of Customs'' pursuant to Treasury Department Order 165-23, Apr. 4, 1973,
eff. Aug. 1, 1973, 38 F.R. 13037. See, also, section 308 of Title 31,
Money and Finance.
Effective Date
Section 7 of act Mar. 3, 1927, provided that: ``This Act shall take
effect April 1, 1927.''
Transfer of Functions
For transfer of functions, personnel, assets, and liabilities of the
United States Customs Service of the Department of the Treasury,
including functions of the Secretary of the Treasury relating thereto,
to the Secretary of Homeland Security, and for treatment of related
references, see sections 203(1), 551(d), 552(d), and 557 of Title 6,
Domestic Security, and the Department of Homeland Security
Reorganization Plan of November 25, 2002, as modified, set out as a note
under section 542 of Title 6.
Functions vested by law in Attorney General, Department of Justice,
or any other officer or any agency of that Department, with respect to
the inspection at regular inspection locations at ports of entry of
persons, and documents of persons, entering or leaving the United
States, were to have been transferred to Secretary of the Treasury by
1973 Reorg. Plan No. 2, Sec. 2, eff. July 1, 1973, 38 F.R. 15932, 87
Stat. 1091, set out in the Appendix to Title 5. The transfer was negated
by section 1(a)(1), (b) of Pub. L. 93-253, Mar. 16, 1974, 88 Stat. 50,
which repealed section 2 of 1973 Reorg. Plan No. 2, eff. July 1, 1973.
Functions of all officers of Department of the Treasury and
functions of all agencies and employees of such Department transferred,
with certain exceptions, to Secretary of the Treasury, with power vested
in him to authorize their performance or performance of any of his
functions by any of such officers, agencies, and employees, by Reorg.
Plan No. 26 of 1950, Secs. 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64
Stat. 1280, 1281, set out in the Appendix to Title 5, Government
Organization and Employees.
Mandatory Advanced Electronic Information for Cargo and Other Improved
Customs Reporting Procedures
Pub. L. 107-210, div. A, title III, Sec. 343(a), (c), Aug. 6, 2002,
116 Stat. 981, 985, as amended by Pub. L. 107-295, title I, Sec. 108(b),
Nov. 25, 2002, 116 Stat. 2089, provided that:
``(a) Cargo Information.--
``(1) In general.--(A) Subject to paragraphs (2) and (3), the
Secretary is authorized to promulgate regulations providing for the
transmission to the Customs Service, through an electronic data
interchange system, of information pertaining to cargo to be brought
into the United States or to be sent from the United States, prior
to the arrival or departure of the cargo.
``(B) The Secretary shall endeavor to promulgate an initial set
of regulations under subparagraph (A) not later than October 1,
2003.
``(2) Information required.--The cargo information required by
the regulations promulgated pursuant to paragraph (1) under the
parameters set forth in paragraph (3) shall be such information on
cargo as the Secretary determines to be reasonably necessary to
ensure cargo safety and security pursuant to those laws enforced and
administered by the Customs Service. The Secretary shall provide to
appropriate Federal departments and agencies cargo information
obtained pursuant to paragraph (1).
``(3) Parameters.--In developing regulations pursuant to
paragraph (1), the Secretary shall adhere to the following
parameters:
``(A) The Secretary shall solicit comments from and consult
with a broad range of parties likely to be affected by the
regulations, including importers, exporters, carriers, customs
brokers, and freight forwarders, among other interested parties.
``(B) In general, the requirement to provide particular
information shall be imposed on the party most likely to have
direct knowledge of that information. Where requiring
information from the party with direct knowledge of that
information is not practicable, the regulations shall take into
account how, under ordinary commercial practices, information is
acquired by the party on which the requirement is imposed, and
whether and how such party is able to verify the information.
Where information is not reasonably verifiable by the party on
which a requirement is imposed, the regulations shall permit
that party to transmit information on the basis of what it
reasonably believes to be true.
``(C) The Secretary shall take into account the existence of
competitive relationships among the parties on which
requirements to provide particular information are imposed.
``(D) Where the regulations impose requirements on carriers
of cargo, they shall take into account differences among
different modes of transportation, including differences in
commercial practices, operational characteristics, and
technological capacity to collect and transmit information
electronically.
``(E) The regulations shall take into account the extent to
which the technology necessary for parties to transmit and the
Customs Service to receive and analyze data in a timely fashion
is available. To the extent that the Secretary determines that
the necessary technology will not be widely available to
particular modes of transportation or other affected parties
until after promulgation of the regulations, the regulations
shall provide interim requirements appropriate for the
technology that is available at the time of promulgation.
``(F) The information collected pursuant to the regulations
shall be used exclusively for ensuring cargo safety and security
and preventing smuggling, and shall not be used for determining
merchandise entry or for any other commercial enforcement
purposes. Notwithstanding the preceding sentence, nothing in
this section [enacting section 1431a of this title and this
note] shall be treated as amending, repealing, or otherwise
modifying title IV of the Tariff Act of 1930 [19 U.S.C. 1401 et
seq.] or regulations promulgated thereunder.
``(G) The regulations shall protect the privacy of business
proprietary and any other confidential cargo information
provided to the Customs Service pursuant to such regulations,
except for the manifest information collected pursuant to
section 431 of the Tariff Act of 1930 [19 U.S.C. 1431] and
required to be available for public disclosure pursuant to
section 431(c) of such Act.. [sic]
``(H) In determining the timing for transmittal of any
information, the Secretary shall balance likely impact on flow
of commerce with impact on cargo safety and security. With
respect to requirements that may be imposed on carriers of
cargo, the timing for transmittal of information shall take into
account differences among different modes of transportation, as
described in subparagraph (D).
``(I) Where practicable, the regulations shall avoid
imposing requirements that are redundant with one another or
that are redundant with requirements in other provisions of law.
``(J) The Secretary shall determine whether it is
appropriate to provide transition periods between promulgation
of the regulations and the effective date of the regulations and
shall prescribe such transition periods in the regulations, as
appropriate. The Secretary may determine that different
transition periods are appropriate for different classes of
affected parties.
``(K) With respect to requirements imposed on carriers, the
Secretary, in consultation with the Postmaster General, shall
determine whether it is appropriate to impose the same or
similar requirements on shipments by the United States Postal
Service. If the Secretary determines that such requirements are
appropriate, then they shall be set forth in the regulations.
``(L) Not later than 15 days prior to publication of a final
rule pursuant to this section, the Secretary shall transmit to
the Committees on Finance and Commerce, Science, and
Transportation of the Senate and the Committees on Ways and
Means and Transportation and Infrastructure of the House of
Representatives a report setting forth--
``(i) the proposed regulations;
``(ii) an explanation of how particular requirements in
the proposed regulations meet the needs of cargo safety and
security;
``(iii) an explanation of how the Secretary expects the
proposed regulations to affect the commercial practices of
affected parties;
``(iv) an explanation of how the proposed regulations
address particular comments received from interested
parties; and
``(v) if the Secretary determines to amend the proposed
regulations after they have been transmitted to the
Committees pursuant to this subparagraph, the Secretary
shall transmit the amended regulations to such Committees no
later than 5 days prior to the publication of the final
rule.
``(c) Secretary.--For purposes of this section [enacting section
1431a of this title and this note], the term `Secretary' means the
Secretary of the Treasury. If, at the time the regulations required by
subsection (a)(1) are promulgated, the Customs Service is no longer
located in the Department of the Treasury, then the Secretary of the
Treasury shall exercise the authority under subsection (a) jointly with
the Secretary of the Department in which the Customs Service is
located.''
[Pub. L. 107-295, title I, Sec. 108(b)(3)(D)(i)(II), Nov. 25, 2002,
116 Stat. 2090, which directed the amendment of section 343(a)(3)(L) of
Pub. L 107-210, set out above, by substituting ``publication of a final
rule pursuant to this section'' for ``promulgation of regulations'' in
the matter preceding cl. (i), was executed by making the substitution
for ``promulgation of the regulations'' to reflect the probable intent
of Congress.]
Secure Systems of Transportation
Pub. L. 107-210, div. A, title III, Sec. 343A, Aug. 6, 2002, 116
Stat. 985, required the Secretary of the Treasury to establish a joint
task force to evaluate, prototype, and certify secure systems of
transportation, required the joint task force to establish a program to
evaluate and certify secure systems of international intermodal
transport, provided minimum standards for the program, and mandated that
the Secretary recognize certified systems of intermodal transport and
report to Congress within one year of the program's implementation,
prior to repeal by Pub. L. 107-295, title I, Sec. 108(c), Nov. 25, 2002,
116 Stat. 2090.
Extension of Pre-Clearance Program in Aruba
Pub. L. 102-393, title VI, Sec. 637, Oct. 6, 1992, 106 Stat. 1779,
provided that: ``Notwithstanding any other provision of law, the United
States Customs Service pilot pre-clearance program authorized to be
established in Aruba shall be extended through 1994.''
Reports Regarding Expansion of Customs Preclearance Operations and
Recovery for Damage Resulting From Customs Examinations
Pub. L. 101-382, title I, Sec. 124, Aug. 20, 1990, 104 Stat. 643,
provided that:
``(a) Customs Preclearance.--The Secretary of the Treasury, in
consultation with the Secretary of State, shall assess the advisability
of expanding the use of preclearance operations by the United States
Customs Service at foreign airports. The Secretary of the Treasury shall
submit a report on the assessment 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') no later
than February 1, 1991.
``(b) Recovery for Customs Damage.--
``(1) The Secretary of the Treasury, in consultation with the
Attorney General, shall determine and evaluate various means by
which persons whose merchandise is damaged during customs
examinations may seek compensation from, or take other recourse
against, the United States Customs Service regarding the damage.
``(2) No later than February 1, 1991, the Secretary of the
Treasury shall submit to the Committees a report on the evaluation
required under paragraph (1), together with any legislative
recommendation that the Secretary considers appropriate.
``(c) Merchandise Damage Statistics.--The Commissioner of Customs
shall keep accurate statistics on the incidence, nature, and extent of
damage to merchandise resulting from customs examinations and shall
provide an annual summary of these statistics to the Committees.''
Pilot Preclearance Program
Pub. L. 101-382, title II, Sec. 233, Aug. 20, 1990, 104 Stat. 663,
required the Commissioner of Customs to carry out, during fiscal years
1991 and 1992, preclearance operations at a facility of the United
States Customs Service in a country within the Caribbean Basin which the
Commissioner considered appropriate for testing the extent to which the
availability of preclearance operations could assist in the development
of tourism and to submit to Congress, as soon as practicable after Sept.
30, 1992, a report regarding those preclearance operations.
Incumbent Commissioner on December 6, 1989
Section 3(b)(2) of Pub. L. 101-207 provided that: ``The individual
who is serving as the Commissioner of Customs on the day before the date
of the enactment of this Act [Dec. 7, 1989] may continue to serve in
such capacity until a Commissioner of Customs, appointed as provided in
the amendment made by paragraph (1) [amending this section], takes
office.''
Advisory Committee on Commercial Operations of United States Customs
Service
Pub. L. 100-203, title IX, Sec. 9503(c), Dec. 22, 1987, 101 Stat.
1330-381, provided that:
``(1) The Secretary of the Treasury shall establish an advisory
committee which shall be known as the `Advisory Committee on Commercial
Operations of the United States Customs Service' (hereafter in this
subsection referred to as the `Advisory Committee').
``(2)(A) The Advisory Committee shall consist of 20 members
appointed by the Secretary of the Treasury.
``(B) In making appointments under subparagraph (A), the Secretary
of the Treasury shall ensure that--
``(i) the membership of the Advisory Committee is representative
of the individuals and firms affected by the commercial operations
of the United States Customs Service; and
``(ii) a majority of the members of the Advisory Committee do
not belong to the same political party.
``(3) The Advisory Committee shall--
``(A) provide advice to the Secretary of the Treasury on all
matters involving the commercial operations of the United States
Customs Service; and
``(B) submit an annual report to the Committee on Finance of the
Senate and the Committee on Ways and Means of the House of
Representatives that shall--
``(i) describe the operations of the Advisory Committee
during the preceding year, and
``(ii) set forth any recommendations of the Advisory
Committee regarding the commercial operations of the United
States Customs Service.
``(4) The Assistant Secretary of the Treasury for Enforcement shall
preside over meetings of the Advisory Committee.''
Pub. L. 99-272, title XIII, Sec. 13033, Apr. 7, 1986, 100 Stat. 311,
which provided for the establishment of an advisory committee, whose
members were to consist of representatives from the airline, shipping,
and other transportation industries, the general public, and others, to
advise the Secretary of the Treasury on issues related to the
performance of the customs services, was repealed by Pub. L. 100-203,
title IX, Sec. 9503(d), Dec. 22, 1987, 101 Stat. 1330-382.
Section Referred to in Other Sections
This section is referred to in section 2072 of this title; title 31
section 308.
