§ 2075. — Appropriations authorization.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 19USC2075]
TITLE 19--CUSTOMS DUTIES
CHAPTER 10--CUSTOMS SERVICE
Sec. 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.
(Pub. L. 95-410, title III, Sec. 301, Oct. 3, 1978, 92 Stat. 905; Pub.
L. 97-456, Sec. 2, Jan. 12, 1983, 96 Stat. 2503; Pub. L. 98-573, title
VII, Sec. 702, Oct. 30, 1984, 98 Stat. 3043; Pub. L. 99-272, title XIII,
Sec. 13022(a), Apr. 7, 1986, 100 Stat. 305; Pub. L. 99-509, title VIII,
Sec. 8102, Oct. 21, 1986, 100 Stat. 1967; Pub. L. 100-203, title IX,
Sec. 9503(a), (b), Dec. 22, 1987, 101 Stat. 1330-380, 1330-381; Pub. L.
100-690, title VII, Sec. 7361(a), (b), Nov. 18, 1988, 102 Stat. 4474;
Pub. L. 101-207, Sec. 3(a), Dec. 7, 1989, 103 Stat. 1833; Pub. L. 101-
382, title I, Sec. 102, Aug. 20, 1990, 104 Stat. 634; Pub. L. 107-210,
div. A, title III, Sec. 311(a), (b)(1), (c), (d), Aug. 6, 2002, 116
Stat. 973.)
References in Text
The Federal Pay Comparability Act of 1970, referred to in subsec.
(e), is Pub. L. 91-656, Jan. 8, 1971, 84 Stat. 1946, as amended, which
enacted sections 5305 to 5308 and 5947 of Title 5, Government
Organization and Employees, amended sections 5108, 5301, and 5942 of
Title 5 and section 410 of Title 39, Postal Service, repealed section
5302 of Title 5, and enacted provisions set out as notes under sections
5303 and 5942 of Title 5, section 60a of Title 2, The Congress, and
section 410 of Title 39. For complete classification of the Act to the
Code see Short Title note set out under section 5301 of Title 5 and
Tables.
Amendments
2002--Subsec. (a)(3). Pub. L. 107-210, Sec. 311(d), added par. (3).
Subsec. (b)(1)(A). Pub. L. 107-210, Sec. 311(a)(1), added subpar.
(A) and struck out former subpar. (A) which read as follows:
``$516,217,000 for fiscal year 1991.''
Subsec. (b)(1)(B). Pub. L. 107-210, Sec. 311(a)(2), added subpar.
(B) and struck out former subpar. (B) which read as follows:
``$542,091,000 for fiscal year 1992.''
Subsec. (b)(2)(A)(i). Pub. L. 107-210, Sec. 311(b)(1)(A), added cl.
(i) and struck out former cl. (i) which read as follows: ``$672,021,000
for fiscal year 1991.''
Subsec. (b)(2)(A)(ii). Pub. L. 107-210, Sec. 311(b)(1)(B), added cl.
(ii) and struck out former cl. (ii) which read as follows:
``$705,793,000 for fiscal year 1992.''
Subsec. (b)(3)(A). Pub. L. 107-210, Sec. 311(c)(1), added subpar.
(A) and struck out former subpar. (A) which read as follows:
``$143,047,000 for fiscal year 1991.''
Subsec. (b)(3)(B). Pub. L. 107-210, Sec. 311(c)(2), added subpar.
(B) and struck out former subpar. (B) which read as follows:
``$150,199,000 for fiscal year 1992.''
1990--Subsec. (b). Pub. L. 101-382, amended subsec. (b) generally,
in par. (1), substituting provisions authorizing $516,217,000 and
$542,091,000 for fiscal years 1991 and 1992, respectively, for
provisions authorizing $418,822,000 for fiscal year 1990, of which at
least $26,240,000 was to be used to hire at least 435 additional
inspectors and other drug interdiction personnel, in par. (2),
designating existing provisions as subpar. (A) and substituting
provisions authorizing $672,021,000 and $705,793,000 for fiscal years
1991 and 1992, respectively, for provisions authorizing $656,468,000 for
fiscal year 1990, striking out provisions relating to Customs User Fee
Account, and adding subpar. (B), and in par. (3), substituting
provisions authorizing $143,047,000 and $150,199,000 for fiscal years
1991 and 1992, respectively, for provisions authorizing $128,128,000 for
fiscal year 1990.
1989--Subsec. (b)(1). Pub. L. 101-207, Sec. 3(a)(1), (2),
substituted ``1990'' for ``1989'' and ``$418,822,000'' for
``$440,504,000''.
Subsec. (b)(2). Pub. L. 101-207, Sec. 3(a)(1), (3), substituted
``1990'' for ``1989'' and ``$656,468,000'' for ``$615,247,000''.
Subsec. (b)(3). Pub. L. 101-207, Sec. 3(a)(1), (4), substituted
``1990'' for ``1989'' and ``$128,128,000'' for ``$142,262,000''.
Subsec. (b)(4). Pub. L. 101-207, Sec. 3(a)(5), struck out par. (4)
which read as follows: ``There are authorized to be appropriated to the
Secretary of the Treasury for fiscal year 1989, $1,600,000 for payment
to the Customs Cooperation Council.''
1988--Subsec. (b)(1). Pub. L. 100-690, Sec. 7361(a)(1), amended par.
(1) generally. Prior to amendment, par. (1) read as follows: ``There are
authorized to be appropriated for fiscal year 1988 not to exceed
$348,192,000 for the salaries and expenses of the United States Customs
Service that are incurred in noncommercial operations, of which
$171,857.06 shall be available only for concluding Contract TC-82-54
that was awarded for the development and testing of an automatic license
plate reader.''
Subsec. (b)(2). Pub. L. 100-690, Sec. 7361(a)(2)(A), (B),
substituted authorization of appropriation of $615,247,000 for fiscal
year 1989 for authorization of appropriation of $615,000,000 for fiscal
year 1988.
Subsec. (b)(3). Pub. L. 100-690, Sec. 7361(a)(2)(A), (C),
substituted authorization of appropriation of $142,262,000 for fiscal
year 1989 for authorization of appropriation of $118,309,000 for fiscal
year 1988.
Subsec. (b)(4). Pub. L. 100-690, Sec. 7361(a)(2)(D), added par. (4).
Subsec. (g)(3). Pub. L. 100-690, Sec. 7361(b), added par. (3).
1987--Subsec. (b). Pub. L. 100-203, Sec. 9503(a), amended subsec.
(b) generally, revising and restating as pars. (1) to (3) provisions of
former pars. (1) and (2).
Subsec. (f). Pub. L. 100-203, Sec. 9503(b)(1), struck out heading
which is now editorially supplied.
Subsec. (g). Pub. L. 100-203, Sec. 9503(b)(2), (3), struck out
heading which is now editorially supplied, designated existing
provisions as par. (1), and added par. (2).
1986--Subsec. (a). Pub. L. 99-509, Sec. 8102(1), designated existing
provisions as par. (1) and added par. (2).
Subsec. (b). Pub. L. 99-570, title III, Sec. 3141(a), Oct. 27, 1986,
100 Stat. 3207-92, which directed an amendment to subsec. (b) of this
section did not become effective pursuant to Pub. L. 99-570, title III,
Sec. 3141(b), which provided that the amendment made by section 3141(a)
would not be effective if H.R. 5300 was enacted with an identical
amendment. H.R. 5300 was enacted as Pub. L. 99-509 with an identical
amendment in section 8102(2). See below.
Pub. L. 99-509, Sec. 8102(2), amended subsec. (b) generally. Prior
to amendment, subsec. (b) read as follows:
``(1) There are authorized to be appropriated to the Department of
the Treasury not to exceed $772,141,000 for the salaries and expenses of
the United States Customs Service for fiscal year 1986; of which--
``(A) $27,900,000 is for the addition of 500 inspectors, 150
import specialists, 100 customs patrol officers, and 50 special
agents;
``(B) $53,500,000 is for the operation and maintenance of the
air interdiction program of the Service; and
``(C) not to exceed $14,000,000 is for the implementation of the
`Operation EXODUS' program and any related program designed to
enforce or monitor export controls under the Export Administration
Act of 1979 [50 App. U.S.C. 2401 et seq.].
``(2) No part of any sum that is appropriated under the authority of
paragraph (1) may be used to close any port of entry at which, during
fiscal year 1985--
``(A) not less than 2,500 merchandise entries (including
informal entries) were made; and
``(B) not less than $1,500,000 in customs revenues were
assessed.
``(3)(A) No part of any sum that is appropriated under the authority
of paragraph (1) may be used for further research and development or
acquisition of F-15 avionics for the P-3 aircraft and related equipment
until 60 days after the Committee on Ways and Means and the Committee on
Finance have received from the Secretary of the Treasury a written
comparative assessment of the suitability of the P-3, E-2, or other
appropriate aircraft for use by the Customs Service in its air drug
interdiction program. Such assessment, which the Secretary may not
submit to the Committees until the General Accounting Office study
required under paragraph (7) is completed, shall include life cycle
costs.
``(B) Acquisition of additional aircraft for use by the Customs
Service for its air drug interdiction program after completion of the
assessment required under subparagraph (A) shall be subject to
competitive bidding through the use of the normal `request for proposal'
process.
``(4) No part of any sum that is appropriated under the authority of
paragraph (1) may be used to consolidate the drawback liquidation
centers within the Customs Service to less than 4 such centers. If a
consolidation is undertaken, the Commissioner of Customs shall select
the location of the centers after taking into account the drawback
volume at, and the geographic dispersion of, the respective centers
being considered for consolidation.
``(5) In addition to any sum authorized to be appropriated under
paragraph (1), there are authorized to be appropriated to the Department
of the Treasury for fiscal year 1986 not to exceed $8,000,000 from the
Customs Forfeiture Fund for the making of payments under section 1613b
of this title, of which not to exceed $5,000,000 may be used for the
modification of aircraft (whether or not aircraft described in
subsection (a)(5) of that section) for drug interdiction.
``(6) In addition to any other amounts authorized to be appropriated
for the Customs Service for fiscal years 1987 and 1988, there are
authorized to be appropriated $27,900,000 for each of such fiscal years
to fund the additional personnel referred to in paragraph (1)(A).
``(7) As soon as possible after April 7, 1986, but not later than 12
months after April 7, 1986, the General Accounting Office shall
complete, and submit to the Committee on Ways and Means and the
Committee on Finance, a study that evaluates the air detection and
interdiction capability of the Customs Service, including assets,
geographic dispersal, costs of operation, procurement practices, and the
services and equipment provided by other Federal agencies. Within 6
months after commencing the study, the General Accounting Office shall
consult with the Committees on the progress of the study.''
Pub. L. 99-272, Sec. 13022(a)(1), amended subsec. (b) generally.
Prior to amendment, subsec. (b) read as follows: ``There are authorized
to be appropriated to the Department of the Treasury not to exceed
$686,399,000 for the salaries and expenses of the United States Customs
Service for fiscal year 1985; of which (A) $28,070,000 is for the
operation and maintenance of the air interdiction program of the
Service, and (B) not to exceed $15,000,000 is for the implementation of
the `Operation EXODUS' program and any related program designed to
enforce or monitor export controls under the Export Administration Act
of 1979 [50 App. U.S.C. 2401 et seq.].''
Subsecs. (f), (g). Pub. L. 99-272, Sec. 13022(a)(2), added subsecs.
(f) and (g).
1984--Subsec. (b). Pub. L. 98-573, Sec. 702(1), amended subsec. (b)
generally, which prior to amendment read as follows: ``There are
authorized to be appropriated to the Department of the Treasury not to
exceed $564,224,000 for the salaries and expenses of the United States
Customs Service for fiscal year 1983, of which not to exceed $31,464,000
is for salary and expenses for the enforcement of the alcohol and
tobacco revenue laws.''
Subsecs. (d), (e). Pub. L. 98-573, Sec. 702(2), (3), added subsec.
(d) and redesignated former subsec. (d) as (e).
1983--Pub. L. 97-456 designated existing provisions as subsec. (a)
and added subsecs. (b) to (d).
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.
Automated Commercial Environment Computer System
Pub. L. 107-210, div. A, title III, Sec. 311(b)(2), (3), Aug. 6,
2002, 116 Stat. 973, as amended by Pub. L. 107-296, title IV,
Sec. 419(b), Nov. 25, 2002, 116 Stat. 2182, provided that:
``[(2) Repealed. Pub. L. 107-296, title IV, Sec. 419(b), Nov. 25,
2002, 116 Stat. 2182.]
``(3) Reports.--Not later than 90 days after the date of the
enactment of this Act [Aug. 6, 2002], and not later than the end of each
subsequent 90-day period, the Commissioner of Customs shall prepare and
submit to the Committee on Ways and Means of the House of
Representatives and the Committee on Finance of the Senate a report
demonstrating that the development and establishment of the Automated
Commercial Environment computer system is being carried out in a cost-
effective manner and meets the modernization requirements of title VI of
the North American Free Trade Agreement Implementation Act [Pub. L. 103-
182, see Tables for classification].''
