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6 U.S.C. § 220 — Retention of Customs revenue functions by Secretary of the Treasury

Federal law — U.S. Code and appendices · legal_authorities

6 U.S.C. § 220 — Retention of Customs revenue functions by Secretary of the Treasury

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Stable record: federal_law:legal_authorities:record_usc_e481bd4fe786784d8eca4094
Source file: Laws/federal/codes/united-states-code/title-6/section-220-retention-of-customs-revenue-functions-by-secretary-of-the-treasury--b5d03720ac.md
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Source location: Title 6, Chapter 1, § 220; chapter-001-homeland-security-organization.md

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**(a) Retention of Customs revenue functions by Secretary of the Treasury** (1) **Retention of authority** — Notwithstanding section 203(a)(1) 11 So in original. Probably should be section “203(1)”. of this title, authority related to Customs revenue functions that was vested in the Secretary of the Treasury by law before the effective date of this chapter under those provisions of law set forth in paragraph (2) shall not be transferred to the Secretary by reason of this chapter, and on and after the effective date of this chapter, the Secretary of the Treasury may delegate any such authority to the Secretary at the discretion of the Secretary of the Treasury. The Secretary of the Treasury shall consult with the Secretary regarding the exercise of any such authority not delegated to the Secretary. (2) **Statutes** — The provisions of law referred to in paragraph (1) are the following: the Tariff Act of 1930 [[19 U.S.C. 1202](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1202&num=0&edition=prelim) et seq.]; section 249 of the Revised Statutes of the United States ([19 U.S.C. 3](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section3&num=0&edition=prelim)); section 2 of the Act of March 4, 1923 ([19 U.S.C. 6](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section6&num=0&edition=prelim)); section 13031 of the Consolidated Omnibus Budget Reconciliation Act of 1985 ([19 U.S.C. 58c](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section58c&num=0&edition=prelim)); section 251 of the Revised Statutes of the United States ([19 U.S.C. 66](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section66&num=0&edition=prelim)); section 1 of the Act of June 26, 1930 ([19 U.S.C. 68](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section68&num=0&edition=prelim)); the Foreign Trade Zones Act ([19 U.S.C. 81a](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section81a&num=0&edition=prelim) et seq.); section 1 of the Act of March 2, 1911 ([19 U.S.C. 198](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section198&num=0&edition=prelim)); the Trade Act of 1974 [[19 U.S.C. 2101](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2101&num=0&edition=prelim) et seq.]; the Trade Agreements Act of 1979; the North American Free Trade Area Implementation Act; the Uruguay Round Agreements Act; the Caribbean Basin Economic Recovery Act [[19 U.S.C. 2701](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2701&num=0&edition=prelim) et seq.]; the Andean Trade Preference Act [[19 U.S.C. 3201](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section3201&num=0&edition=prelim) et seq.]; the African Growth and Opportunity Act [[19 U.S.C. 3701](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section3701&num=0&edition=prelim) et seq.]; and any other provision of law vesting customs revenue functions in the Secretary of the Treasury. **(b) Maintenance of Customs revenue functions** (1) **Maintenance of functions** — Notwithstanding any other provision of this chapter, the Secretary may not consolidate, discontinue, or diminish those functions described in paragraph (2) performed by U.S. Customs and Border Protection (as established under [section 211 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section211&num=0&edition=prelim)) on or after the effective date of this chapter, reduce the staffing level, or reduce the resources attributable to such functions, and the Secretary shall ensure that an appropriate management structure is implemented to carry out such functions. (2) **Functions** — The functions referred to in paragraph (1) are those functions performed by the following personnel, and associated support staff, of U.S. Customs and Border Protection on the day before the effective date of this chapter: Import Specialists, Entry Specialists, Drawback Specialists, National Import Specialist, Fines and Penalties Specialists, attorneys of the Office of Regulations and Rulings, Customs Auditors, International Trade Specialists, Financial Systems Specialists. **(c) New personnel** The Secretary of the Treasury is authorized to appoint up to 20 new personnel to work with personnel of the Department in performing customs revenue functions.

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 2501 — Equivalence determinations

**(a) In general** An agency may not determine that a sanitary or phytosanitary measure of a foreign country is equivalent to a sanitary or phytosanitary measure established under the authority of Federal law unless the agency determines that the sanitary or phytosanitary measure of the foreign country provides at least the same level of sanitary or phytosanitary protection as the comparable sanitary or phytosanitary measure established under the authority of Federal law. **(b) FDA determination** If the Commissioner proposes to issue a determination of the equivalency of a sanitary or phytosanitary measure of a foreign country to a measure that is required to be promulgated as a rule under the Federal Food, Drug, and Cosmetic Act ([21 U.S.C. 301](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section301&num=0&edition=prelim) et seq.) or other statute administered by the Food and Drug Administration, the Commissioner shall issue a proposed regulation to incorporate such determination and shall include in the notice of proposed rulemaking the basis for the determination that the sanitary or phytosanitary measure of a foreign country provides at least the same level of sanitary or phytosanitary protection as the comparable Federal sanitary or phytosanitary measure. The Commissioner shall provide opportunity for interested persons to comment on the proposed regulation. The Commissioner shall not issue a final regulation based on the proposal without taking into account the comments received. **(c) Notice** If the Commissioner proposes to issue a determination of the equivalency of a sanitary or phytosanitary measure of a foreign country to a sanitary or phytosanitary measure of the Food and Drug Administration that is not required to be promulgated

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 68 — Enforcement of customs and immigration laws in Guam and the Virgin Islands and along Canadian and Mexican borders; cooperation by Secretary of the Treasury and Attorney General; erection of buildings

To aid in the enforcement of the customs and immigration laws along the Canadian and Mexican borders and to provide better facilities for such enforcement at points along such borders at which no Federal or other buildings adapted or suitably located for the purpose are available, and for similar purposes in the Virgin Islands of the United States, the Secretary of the Treasury and the Attorney General are hereby authorized to expend, and for similar purposes in Guam the Attorney General is hereby authorized to expend, from the funds appropriated for the general maintenance and operation of the Customs and the Immigration and Naturalization Services, respectively, the necessary amounts for the acquisition of land and the erection of buildings, sheds, and office quarters, including living quarters for officers where none are otherwise available: Provided, That the total amount which may be so expended for any one project, including the site, shall not exceed $200,000 and that where the project is for the joint use of the Customs Service and the Immigration and Naturalization Service, the combined cost of the project, including the site, shall be charged to the two appropriations concerned.

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 3 — Superintendence of collection of import duties

The Secretary of the Treasury shall direct the superintendence of the collection of the duties on imports as he shall judge best.

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 6 — Designation of customs officers for foreign service; status; rejection of designated customs officer; applicability of civil service laws

Any officer of the customs service designated by the Secretary of the Treasury for foreign service, shall, through the Department of State, be regularly and officially attached to the diplomatic missions of the United States in the countries in which they are to be stationed, and when such officers are assigned to countries in which there are no diplomatic missions of the United States, appropriate recognition and standing with full facilities for discharging their official duties shall be arranged by the Department of State. The Secretary of State may reject the name of any such officer whose assignment to the foreign post for which he has been designated would, in his judgment, be prejudicial to the public policy of the United States. The appointment of such customs officers shall be made pursuant to the civil service laws and regulations upon the nomination of the principal officer in charge of the office to which such appointments are to be made.

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 66 — Rules and forms prescribed by Secretary

The Secretary of the Treasury shall prescribe forms of entries, oaths, bonds, and other papers, and rules and regulations not inconsistent with law, to be used in carrying out the provisions of law relating to raising revenue from imports, or to duties on imports, or to warehousing, and shall give such directions to customs officers and prescribe such rules and forms to be observed by them as may be necessary for the proper execution of the law.

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 2101 — Agricultural Disaster Relief Trust Fund

**(a) Creation of Trust Fund** There is established in the Treasury of the United States a trust fund to be known as the “Agricultural Disaster Relief Trust Fund”, consisting of such amounts as may be appropriated or credited to such Trust Fund as provided in this section. **(b) Transfer to Trust Fund** (1) **In general** — There are appropriated to the Agricultural Disaster Relief Trust Fund amounts equivalent to 3.08 percent of the amounts received in the general fund of the Treasury of the United States during fiscal years 2008 through 2011 attributable to the duties collected on articles entered, or withdrawn from warehouse, for consumption under the Harmonized Tariff Schedule of the United States. (2) **Amounts based on estimates** — The amounts appropriated under this section shall be transferred at least monthly from the general fund of the Treasury of the United States to the Agricultural Disaster Relief Trust Fund on the basis of estimates made by the Secretary of the Treasury. Proper adjustments shall be made in the amounts subsequently transferred to the extent prior estimates were in excess of or less than the amounts required to be transferred. (3) **Limitation on transfers to Agricultural Disaster Relief Trust Fund** — No amount may be appropriated to the Agricultural Disaster Relief Trust Fund on and after the date of any expenditure from the Agricultural Disaster Relief Trust Fund which is not permitted by this section. The determination of whether an expenditure is so permitted shall be made without regard to— (A) any provision of law which is not contained or referenced in this subchapter or in a revenue Act, and (B) whether such provision of law is a subsequently enacted provision or directly or indirectly seeks to waive the application of t

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 3201 — Authority to grant duty-free treatment

The President may proclaim duty-free treatment (or other preferential treatment) for all eligible articles from any beneficiary country in accordance with the provisions of this chapter.

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 3501 — Additional program funding

**(a) Use of additional funds** Consistent, as determined by the President, with the obligations undertaken by the United States set forth in the Uruguay Round Agreements, the Commodity Credit Corporation shall use, in addition to any other funds appropriated or made available for such purposes, any funds made available under subsection (b) for authorized export promotion, foreign market development, export credit financing, and promoting the development, commercialization, and marketing of products resulting from alternative uses of agricultural commodities. **(b) Amount of additional funds** Amounts shall be credited to the Commodity Credit Corporation in fiscal year 1995 equal to the lesser of the dollar amount of— (1) the fiscal year 1995 Pay-As-You-Go savings; and (2) the 5-year Pay-As-You-Go savings; under [section 902 of title 2](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section902&num=0&edition=prelim), resulting from the enactment of the Federal Crop Insurance Reform Act of 1994. **(c) Effective date** This section shall take effect on December 8, 1994.

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 198 — Certified checks; receivable for all public dues; lien for payment of

It shall be lawful for collecting officers to receive certified checks drawn on National and State banks and trust companies, during such time and under such regulations as the Secretary of the Treasury may prescribe, in payment for duties on imports, and all public dues, including special customs deposits. No person, however, who may be indebted to the United States on account of duties on imports who shall have tendered a certified check or checks as provisional payment for such duties or taxes, in accordance with the terms of this section, shall be released from the obligation to make ultimate payment thereof until such certified check so received has been duly paid; and if any such check so received is not duly paid by the bank on which it is drawn and so certifying the United States shall, in addition to its right to exact payment from the party originally indebted therefor, have a lien for the amount of such check upon all the assets of such bank; and such amount shall be paid out of its assets in preference to any or all other claims whatsoever against said bank, except the necessary costs and expenses of administration and the reimbursement of the United States for the amount expended in the redemption of the circulating notes of such bank.

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 3301 — Agreement on Border Environment Cooperation Commission

**(a) Border Environment Cooperation Commission** (1) **Membership** — The United States is authorized to participate in the Border Environment Cooperation Commission in accordance with the Border Environment Cooperation Agreement. (2) **Contributions to the Commission budget** — There are authorized to be appropriated to the President (or such agency as the President may designate) $5,000,000 for fiscal year 1994 and each fiscal year thereafter for United States contributions to the budget of the Border Environment Cooperation Commission pursuant to section 7 of Article III of Chapter I of the Border Environment Cooperation Agreement. Funds authorized to be appropriated for such contributions by this paragraph are in addition to any funds otherwise available for such contributions. Funds authorized to be appropriated by this paragraph are authorized to be made available until expended. **(b) Civil actions involving Commission** For the purpose of any civil action which may be brought within the United States by or against the Border Environment Cooperation Commission in accordance with the Border Environment Cooperation Agreement (including an action brought to enforce an arbitral award against the Commission), the Commission shall be deemed to be an inhabitant of the Federal judicial district in which its principal office within the United States, or its agent appointed for the purpose of accepting service or notice of service, is located. Any such action to which the Commission is a party shall be deemed to arise under the laws of the United States, and the district courts of the United States (including the courts enumerated in [section 460 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section460&num=0&edition=prelim)) shall ha

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