19 U.S.C. § 68 — Enforcement of customs and immigration

Page 30 TITLE 19—CUSTOMS DUTIES § 60 § 60. Penalty for extortion Every officer of the customs who demands or receives any other or greater fee, compensation, or reward than is allowed by law, for performing any duty or service required from him by law, shall be liable to a penalty of $200 for each of- fense, recoverable to the use of the party ag- grieved. (R.S. § 2636.) Editorial Notes CODIFICATION R.S. § 2636 derived from act Mar. 2, 1799, ch. 22, § 73, 1 Stat. 680. §§ 61, 62. Repealed. Aug. 2, 1956, ch. 887, § 4(a)(22), (23), 70 Stat. 947 Section 61, R.S. § 2580, related to reports by inspectors on routes by which goods withdrawn from bonded ware- house could be exported to Mexico. Section 62, acts Dec. 18, 1890, ch. 22, 26 Stat. 690; June 17, 1930, ch. 497, title IV, § 523, 46 Stat. 740, related to suspension for neglect or delinquency of officers or em- ployees. See chapter 75 of Title 5, Government Organi- zation and Employees, and Office of Personnel Manage- ment regulations. § 63. Repealed. Pub. L. 89–554, § 8(a), Sept. 6, 1966, 80 Stat. 636 Section, act Aug. 28, 1890, ch. 812, §§ 1, 2, 26 Stat. 362, provided for leaves of absence of officers and employees in customs service who receive per diem compensation. Section was additionally repealed by Pub. L. 91–271, title III, § 321(k), June 2, 1970, 84 Stat. 293. § 64. Laws imposing fines applicable to persons acting under customs laws All Acts and parts of Acts imposing fines, pen- alties, or other punishment for offenses com- mitted by an internal revenue officer or other officer of the Department of the Treasury of the United States, or under any bureau thereof, shall apply to all persons whomsoever, em- ployed, appointed, or acting under the authority of any customs law, when such persons are des- ignated or acting as officers or deputies, or per- sons having the custody or disposition of any public money. (Feb. 8, 1875, ch. 36, § 23 (part), 18 Stat. 312.) Editorial Notes CODIFICATION Section is based on section 23 (as related to persons acting under any customs law) of act Feb. 8, 1875. Pro- visions of section 23 (as related to persons acting under any internal revenue law or any revenue provisions of any law of the United States) were repealed effective Feb. 11, 1939, by section 4 of act Feb. 10, 1939 (53 Stat. 1) and incorporated as section 4048 of Title 26, Internal Revenue Code of 1939. The Internal Revenue Code of 1939 was repealed by the Internal Revenue Code of 1954. The Internal Revenue Code of 1954 was redesignated the Internal Revenue Code of 1986 by Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095. Provisions of former section 4048 are covered by section 7344 of Title 26, Internal Revenue Code. § 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 ob- served by them as may be necessary for the proper execution of the law. (R.S. § 251 (part); Pub. L. 91–271, title III, § 308, June 2, 1970, 84 Stat. 292.) Editorial Notes CODIFICATION R.S. § 251 derived from acts Feb. 10, 1830, ch. 11, §§ 14, 15, 3 Stat. 543; Aug. 6, 1846, ch. 84, § 5, 9 Stat. 55; May 14, 1856, Res. 9, 11 Stat. 144; June 30, 1864, ch. 172, § 8, 13 Stat. 221; July 14, 1870, ch. 255, § 34, 16 Stat. 271. R.S. § 251, which was also classified in part to section 427 of former Title 31, was repealed in part and reenacted as section 321(a)(5) of Title 31, Money and Finance, by Pub. L. 97–258, § 4(b), Sept. 13, 1982, 96 Stat. 1067. AMENDMENTS 1970—Pub. L. 91–271 substituted reference to customs officers for reference to collectors. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1970 AMENDMENT Amendment by Pub. L. 91–271 effective with respect to articles entered, or withdrawn from warehouse for consumption on or after Oct. 1, 1970, and such other ar- ticles entered or withdrawn from warehouse for con- sumption prior to such date, or with respect to which a protest has not been disallowed in whole or in part before Oct. 1, 1970, see section 203 of Pub. L. 91–271, set out as a note under section 1500 of this title. Executive Documents TRANSFER OF FUNCTIONS All offices of collector of customs, comptroller of cus- toms, surveyor of customs, and appraiser of merchan- dise in Bureau of Customs of Department of the Treas- ury to which appointments were required to be made by President with advice and consent of Senate ordered abolished, with such offices to be terminated not later than December 31, 1966, by Reorg. Plan No. 1 of 1965, eff. May 25, 1965, 30 F.R. 7035, 79 Stat. 1317, set out as a note under section 1 of this title. All functions of offices eliminated were already vested in Secretary of the Treasury by Reorg. Plan No. 26 of 1950, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, set out in the Appendix to Title 5, Government Organization and Employees. § 67. Repealed. Aug. 2, 1956, ch. 887, § 4(a)(24), 70 Stat. 947 Section, R.S. § 258, provided for a report to each ses- sion of Congress by the Secretary on customhouse busi- ness and is covered by section 331 of Title 31, Money and Finance. § 68. Enforcement of customs and immigration laws in Guam and the Virgin Islands and along Canadian and Mexican borders; co- operation 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 Mexi- can 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, Page 31 TITLE 19—CUSTOMS DUTIES § 69 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 ex- pend, from the funds appropriated for the gen- eral maintenance and operation of the Customs and the Immigration and Naturalization Serv- ices, respectively, the necessary amounts for the acquisition of land and the erection of buildings, sheds, and office quarters, including living quar- ters for officers where none are otherwise avail- able: Provided, That the total amount which may be so expended for any one project, includ- ing the site, shall not exceed $200,000 and that where the project is for the joint use of the Cus- toms Service and the Immigration and Natu- ralization Service, the combined cost of the project, including the site, shall be charged to the two appropriations concerned. (June 26, 1930, ch. 617, § 1, 46 Stat. 817; Oct. 10, 1940, ch. 837, 54 Stat. 1091; Sept. 26, 1951, ch. 414, 65 Stat. 336; May 18, 1956, ch. 282, 70 Stat. 159; Pub. L. 86–466, May 13, 1960, 74 Stat. 130; Pub. L. 87–465, May 31, 1962, 76 Stat. 87; Pub. L. 89–87, July 24, 1965, 79 Stat. 264; Pub. L. 93–396, Aug. 29, 1974, 88 Stat. 794.) Editorial Notes AMENDMENTS 1974—Pub. L. 93–396 substituted ‘‘$200,000’’ for ‘‘$100,000’’. 1965—Pub. L. 89–87 extended to Guam and the Virgin Islands the authority of the Attorney General and the Secretary of the Treasury to construct facilities for the enforcement of the customs and immigration laws. 1962—Pub. L. 87–465 substituted ‘‘$100,000’’ for ‘‘$40,000’’ and ‘‘$80,000’’. 1960—Pub. L. 86–466 substituted ‘‘$40,000’’ and ‘‘$80,000’’ for ‘‘$30,000’’ and ‘‘$60,000’’, respectively. 1956—Act May 18, 1956, substituted ‘‘$30,000’’ and ‘‘$60,000’’ for ‘‘$15,000’’ and ‘‘$30,000’’, respectively. 1951—Act Sept. 26, 1951, substituted ‘‘$15,000’’ and ‘‘$30,000’’ for ‘‘$5,000’’ and ‘‘$10,000’’, respectively. 1940—Act Oct. 10, 1940, substituted ‘‘$5000’’ and ‘‘$10,000’’ for ‘‘$3000’’ and ‘‘$6000’’, respectively. Statutory Notes and Related Subsidiaries 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. ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF FUNCTIONS For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of Title 8, Aliens and Nationality. Executive Documents TRANSFER OF FUNCTIONS Functions of officers of Department of the Treasury and functions of all agencies and employees of such De- partment transferred, with certain exceptions, to Sec- retary of the Treasury, with power vested in him to au- thorize 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. Customs Service was under Department of the Treasury. Immigration and Naturalization Service of Depart- ment of Labor (including Office of Commissioner of Im- migration and Naturalization) and its functions were transferred to Department of Justice, to be adminis- tered under direction and supervision of Attorney Gen- eral; and functions and powers of Secretary of Labor re- lating to administration of the Service and its func- tions or to administration of immigration and natu- ralization laws were transferred to Attorney General, by Reorg. Plan No. V of 1940, eff. June 15, 1940, 5 F.R. 2223, 54 Stat. 1238, set out in the Appendix to Title 5. § 69. Erection of protective gates and fences across and around roads crossing borders The Secretary of the Treasury is authorized to expend, from the funds appropriated for the gen- eral maintenance and operation of the Customs Service, such amounts as may be necessary for the erection of protective gates across inter- national highways and roads crossing the Cana- dian and Mexican borders and for the erection of such fences in the immediate vicinity of such highways and roads as may be necessary to pre- vent unlawful entry or smuggling. (June 26, 1930, ch. 617, § 2, as added Oct. 10, 1940, ch. 837, 54 Stat. 1092.) Statutory Notes and Related Subsidiaries 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. Executive Documents TRANSFER OF FUNCTIONS Functions of officers of Department of the Treasury and functions of all agencies and employees of such De- partment transferred, with certain exceptions, to Sec- retary of the Treasury, with power vested in him to au- thorize 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. Customs Service was under Department of the Treasury. Functions vested by law in Attorney General, Depart- ment of Justice, or any other officer or any agency of