19 U.S.C. § 2073 — Transfer of personnel, etc., to Service

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.) Page 461 TITLE 19—CUSTOMS DUTIES § 2075 1 See Change of Name note below. Editorial Notes CODIFICATION Section was formerly classified to section 281b 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. Subsection (c) of section 3 of act March 3, 1927, abol- ished the Division of Customs and offices of directors and assistant directors of customs and Special Agency Service of the Customs. AMENDMENTS 1954—Subsec. (a). Act Sept. 3, 1954, repealed subsec. (a) which related to the delegation of duty to Commis- sioner of Customs by Secretary of the Treasury. 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 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 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. § 2074. Establishment of revolving fund There is established a revolving fund of $300,000 which shall be available, without fiscal year limitation exclusively for transfer to the appropriation for collecting the revenue from customs to cover obligations of the United States Customs Service arising from authorized reimbursable services, pending reimbursement from parties in interest: Provided, That amounts so transferred shall be returned to the revolving fund not later than six months after the close of the fiscal year in which transferred. (June 30, 1949, ch. 286, title I, 63 Stat. 360.) Editorial Notes CODIFICATION Section was formerly classified to section 281g of Title 5 prior to the general revision and enactment of Title 5 by Pub. L. 89–554, Sept. 6, 1966, § 1, 80 Stat. 378. 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 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 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. § 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 Depart- ment of the Treasury for the United States Cus- toms 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 fis- cal 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 1 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). (b) Authorization of appropriations (1) For noncommercial operations There are authorized to be appropriated for the salaries and expenses of the Customs Serv-