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

Page 459 TITLE 19—CUSTOMS DUTIES § 2072 1 See Change of Name note below. PILOT PRECLEARANCE PROGRAM Pub. L. 101–382, title II, § 233, Aug. 20, 1990, 104 Stat. 663, required the Commissioner of Customs to carry out, during fiscal years 1991 and 1992, preclearance oper- ations at a facility of the United States Customs Serv- ice in a country within the Caribbean Basin which the Commissioner considered appropriate for testing the extent to which the availability of preclearance oper- ations 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 op- erations. INCUMBENT COMMISSIONER ON DECEMBER 6, 1989 Pub. L. 101–207, § 3(b)(2), Dec. 7, 1989, 103 Stat. 1834, 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 Cus- toms, 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, § 9503(c), Dec. 22, 1987, 101 Stat. 1330–381, which directed the Secretary of the Treasury to establish an Advisory Committee on Com- mercial Operations of the United States Customs Serv- ice to advise the Secretary and prepare annual reports relating to commercial operations of the United States Customs Service, was repealed, effective on the date on which the Advisory Committee was established under section 4316(a) of this title [Mar. 29, 2016, see 81 F.R. 18865], by Pub. L. 114–125, title I, § 109(g)(1), Feb. 24, 2016, 130 Stat. 137. Pub. L. 99–272, title XIII, § 13033, Apr. 7, 1986, 100 Stat. 311, which provided for the establishment of an advi- sory committee, whose members were to consist of rep- resentatives from the airline, shipping, and other transportation industries, the general public, and oth- ers, to advise the Secretary of the Treasury on issues related to the performance of the customs services, was repealed by Pub.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, § 9503(d), Dec. 22, 1987, 101 Stat. 1330–382. Executive Documents CHANGE OF NAME ‘‘United States Customs Service’’ substituted in text for ‘‘Bureau of Customs’’ pursuant to Treasury Depart- ment Order 165–23, Apr. 4, 1973, eff. Aug. 1, 1973, 38 F.R. 13037. See, also, section 308 of Title 31, Money and Fi- nance. TRANSFER OF FUNCTIONS Functions vested by law in Attorney General, Depart- ment of Justice, or any other officer or any agency of that Department, with respect to the inspection at reg- ular inspection locations at ports of entry of persons, and documents of persons, entering or leaving the United States, were to have been transferred to Sec- retary of the Treasury by 1973 Reorg. Plan No. 2, § 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 sec- tion 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 Treas- ury 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 em- ployees, by Reorg. Plan No. 26 of 1950, §§ 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 Em- ployees. § 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 em- ployees as he may deem necessary. One of the deputy commissioners of the United States Cus- toms Service shall have charge of investiga- tions. Appointments under this subsection shall be subject to the provisions of the civil service laws, and the salaries shall be fixed in accord- ance with chapter 51 and subchapter III of chap- ter 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 Cus- toms Service to act as Commissioner of Cus- toms,1 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 personnel The personnel of the United States Customs Service shall perform such duties as the Sec- retary of the Treasury may prescribe. (d) International Trade Committee (1) Establishment The Commissioner shall establish an Inter- national 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 As- sistant Commissioner in the Office of Inter- national Affairs, the Assistant Commissioner in the Office of International Trade, the Direc- tor 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 Com- missioner with respect to the commercial customs and trade facilitation functions of the United States Customs and Border Pro- tection; (B) assist the Commissioner in coordi- nating with the Secretary regarding com- mercial customs and trade facilitation func- tions; and (C) oversee the operation of all programs and systems that are involved in the assess- ment 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 draw- back 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 Com- mittee shall submit a report to the Committee Page 460 TITLE 19—CUSTOMS DUTIES § 2073 2 See References in Text note below. on Finance of the Senate and the Committee on Ways and Means of the House of Represent- atives. The report shall— (A) detail the activities of the Inter- national Trade Committee during the pre- ceding fiscal year; and (B) identify the priorities of the Inter- national Trade Committee for the fiscal year in which the report is filed. (e) Definition In this section: (1) Commissioner The term ‘‘Commissioner’’ means the Com- missioner responsible for the United States Customs and Border Protection in the Depart- ment of Homeland Security. (2) Commercial Operations Advisory Com- mittee 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) 2 or any successor committee. (Mar. 3, 1927, ch. 348, § 2, 44 Stat. 1381; May 27, 1930, ch. 342, § 8, 46 Stat. 430; June 17, 1930, ch. 497, title IV, § 650, 46 Stat. 762; Ex. Ord. No. 6639, § 1a, Mar. 10, 1934; Oct. 28, 1949, ch. 782, title XI, § 1106(a), 63 Stat. 972; Sept. 3, 1954, ch. 1263, § 9, 68 Stat. 1228; Pub. L. 109–347, title IV, § 402, Oct. 13, 2006, 120 Stat. 1924; Pub. L. 114–125, title VIII, § 802(d)(2), (h)(3), Feb. 24, 2016, 130 Stat. 210, 215.) Editorial Notes REFERENCES IN TEXT Section 9503(c) of the Omnibus Budget Reconciliation Act of 1987, referred to in subsec. (e)(2), is section 9503(c) of Pub. L. 100–203, which was set out as a note under section 2071 of this title, prior to repeal by Pub. L. 114–125, title I, § 109(g)(1), Feb. 24, 2016, 130 Stat. 137. For establishment of successor committee, see section 4316(a) of this title. CODIFICATION Section was formerly classified to section 281a of Title 5 prior to the general revision and enactment of Title 5 by Pub. L. 89–554, § 1, Sept. 6, 1966, 80 Stat. 378. ‘‘Chapter 51 and subchapter III of chapter 53 of title 5’’ were substituted for ‘‘the Classification Act of 1949, as amended’’ on authority of Pub. L. 89–554, § 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees. AMENDMENTS 2016—Subsecs. (d) to (f). Pub. L. 114–125, § 802(h)(3), re- designated subsecs. (e) and (f) as (d) and (e), respec- tively, and struck out former subsec. (d) which estab- lished the Office of International Trade. Notwith- standing directory language amending this section ‘‘as added’’ by section 402 of Pub. L. 109–347, amendment was executed to this section as amended by section 402 of Pub. L. 109–347, to reflect the probable intent of Con- gress. See 2006 Amendment note below. 2006—Subsecs. (d) to (f). Pub. L. 109–347 added subsecs. (d) to (f). 1954—Subsec. (c). Act Sept. 3, 1954, struck out ref- erences to the National Prohibition Act. 1949—Subsec. (a). Act Oct. 28, 1949, substituted ‘‘Clas- sification Act of 1949’’ for ‘‘Classification Act of 1923’’. Statutory Notes and Related Subsidiaries CHANGE OF NAME Bureau of Prohibition and Commissioner of Prohibi- tion redesignated Bureau of Industrial Alcohol and Commissioner of Industrial Alcohol, respectively, by act May 27, 1930. Reference to Commissioner of Customs deemed to be reference to Commissioner of U.S. Customs and Border Protection pursuant to section 802(d)(2) of Pub. L. 114–125, set out as a note under section 211 of Title 6, Domestic Security. REPEALS Act Oct. 28, 1949, ch. 782, title XI, § 1106(a), cited as a credit to this section, was repealed (subject to a sav- ings clause) by Pub. L. 89–554, Sept. 6, 1966, § 8, 80 Stat. 632, 655. TRANSFER OF FUNCTIONS For transfer of functions, personnel, assets, and li- abilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Sec- retary of Homeland Security, and for treatment of re- lated 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 Novem- ber 25, 2002, as modified, set out as a note under section 542 of Title 6. For establishment of U.S. Customs and Border Protection in the Department of Homeland Se- curity, treated as if included in Pub. L. 107–296 as of Nov. 25, 2002, see section 211 of Title 6, as amended gen- erally by Pub. L. 114–125, and section 802(b) of Pub. L. 114–125, set out as a note under section 211 of Title 6. DEPUTY COMMISSIONER OF CUSTOMS Act June 17, 1930, authorized the appointment of an additional deputy commissioner in the Bureau of Cus- toms in addition to the two deputy commissioners then authorized by law. Executive Documents CHANGE OF NAME ‘‘United States Customs Service’’ substituted for ‘‘Bureau of Customs’’ in subsecs. (a) to (c) 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. TRANSFER OF FUNCTIONS Functions of all officers of Department of the Treas- ury 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 em- ployees, by Reorg. Plan No. 26 of 1950, §§ 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, set out in the Appen- dix to Title 5, Government Organization and Employ- ees. Bureau of Industrial Alcohol and office of Commis- sioner of Industrial Alcohol abolished and Commis- sioner’s functions transferred to Commissioner of In- ternal Revenue by Ex. Ord. No. 6639. § 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. (Mar. 3, 1927, ch. 348, § 3, 44 Stat. 1382; Sept. 3, 1954, ch. 1263, § 10, 68 Stat. 1229.)