19 U.S.C. § 2076 — Advances in foreign countries

Page 465 TITLE 19—CUSTOMS DUTIES § 2076 1 See References in Text note below. 2 See Change of Name note below. counting Office shall complete, and submit to the Com- mittee on Ways and Means and the Committee on Fi- nance, a study that evaluates the air detection and interdiction capability of the Customs Service, includ- ing assets, geographic dispersal, costs of operation, pro- curement 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, § 13022(a)(1), amended subsec. (b) gen- erally. Prior to amendment, subsec. (b) read as follows: ‘‘There are authorized to be appropriated to the De- partment 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 interdic- tion 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, § 13022(a)(2), added sub- secs. (f) and (g). 1984—Subsec. (b). Pub. L. 98–573, § 702(1), amended sub- sec. (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, § 702(2), (3), added sub- sec. (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). Statutory Notes and Related Subsidiaries CHANGE OF NAME 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. EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107–210 applicable to petitions for certification filed under part 2 or 3 of subchapter II of chapter 12 of this title on or after the date that is 90 days after Aug. 6, 2002, except as otherwise provided, see section 151 of Pub. L. 107–210, set out as a note pre- ceding section 2271 of this title. SPECIAL EFFECTIVE DATE RULE, 1986 AMENDMENT Pub. L. 99–570, title III, § 3141(b), Oct. 27, 1986, 100 Stat. 3207–93, provided that: ‘‘If the bill H.R. 5300 [enacted as Pub. L. 99–509] (providing for reconciliation of the budg- et for fiscal year 1987) is enacted and includes an amendment to section 301(b) of the Customs Procedural Reform and Simplification Act of 1978 which is iden- tical to the amendment made by subsection (a) of this section [amending this section], then the amendment made by subsection (a) shall have no effect.’’ 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. Office of International Trade abolished and assets, functions, personnel, and liabilities transferred to the Office of Trade, see section 2084 of this title. AUTOMATED COMMERCIAL ENVIRONMENT COMPUTER SYSTEM Pub. L. 107–210, div. A, title III, § 311(b)(2), (3), Aug. 6, 2002, 116 Stat. 973, which related to the development, es- tablishment, and implementation of the Automated Commercial Environment computer system and di- rected the Commissioner of Customs to prepare peri- odic reports, was repealed by Pub. L. 107–296, title IV, § 419(b), Nov. 25, 2002, 116 Stat. 2182, and Pub. L. 114–125, title I, § 106(b)(3), Feb. 24, 2016, 130 Stat. 134. § 2076. Advances in foreign countries Section 3648 of the Revised Statutes (31 U.S.C. 529b) 1 shall not apply to payments made for the Bureau of Customs 2 in foreign countries. (Mar. 28, 1938, ch. 55, 52 Stat. 126.) Editorial Notes REFERENCES IN TEXT Section 3648 of the Revised Statutes, referred to in text, was classified to section 529 (not 529b) of former Title 31, Money and Finance, and subsequently repealed and restated as section 3324(a), (b) of Title 31 by Pub. L. 97–258, §§ 1, 5(b), Sept. 13, 1982, 96 Stat. 950, 1068. CODIFICATION Section was formerly classified to section 529b of Title 31 prior to the general revision and enactment of Title 31, Money and Finance, by Pub. L. 97–258, § 1, Sept. 13, 1982, 96 Stat. 877. 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. SIMILAR PROVISIONS Section is from Treasury Department Appropriation Act, 1939. Similar provisions were contained in the fol- lowing appropriation acts: May 6, 1939, ch. 115, title I, § 1, 53 Stat. 660. May 14, 1937, ch. 180, title I, 50 Stat. 142. June 23, 1936, ch. 725, 49 Stat. 1832. May 14, 1935, ch. 110, 49 Stat. 222. Executive Documents CHANGE OF NAME The Bureau of Customs was redesignated the United States Customs Service by Treasury Department Order Page 466 TITLE 19—CUSTOMS DUTIES § 2077 1 See Change of Name note below. 1 See Change of Name note below. 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 For transfer of functions of other officers, employees, and agencies of Department of the Treasury, with cer- tain exceptions, to Secretary of the Treasury, with power to delegate, see 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 Employees. § 2077. Advances for enforcement of customs pro- visions The Commissioner of Customs,1 with the ap- proval of the Secretary of the Treasury, is au- thorized to direct the advance of funds by the Fiscal Service, Treasury Department, in connec- tion with the enforcement of the customs laws. (Mar. 28, 1928, ch. 266, § 2, as added Aug. 7, 1939, ch. 566, § 1, 53 Stat. 1263; amended 1940 Reorg. Plan No. III, § 1(a)(1), eff. June 30, 1940, 5 F.R. 2107, 54 Stat. 1231; Pub. L. 114–125, title VIII, § 802(d)(2), Feb. 24, 2016, 130 Stat. 210.) Editorial Notes CODIFICATION Section was formerly classified to section 529c of Title 31 prior to the general revision and enactment of Title 31, Money and Finance, by Pub. L. 97–258, § 1, Sept. 13, 1982, 96 Stat. 877. Statutory Notes and Related Subsidiaries CHANGE OF NAME 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. 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 For transfer of functions of other officers, employees, and agencies of Department of the Treasury, with cer- tain exceptions, to Secretary of the Treasury, with power to delegate, see 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 Employees. ‘‘Fiscal Service’’ substituted in text for ‘‘Division of Disbursement’’ on authority of section 1(a)(1) of Reorg. Plan No. III of 1940, eff. June 30, 1940, 5 F.R. 2107, 54 Stat. 1231, set out in the Appendix to Title 5, Govern- ment Organization and Employees, which consolidated such division into Fiscal Service of Department of the Treasury. See section 306 of Title 31, Money and Fi- nance. § 2078. Certification of reason for advance A certificate by the Commissioner of Cus- toms 1 stating the amount of an expenditure made from funds advanced and certifying that the confidential nature of the transaction in- volved renders it inadvisable to specify the de- tails thereof or impracticable to furnish the payee’s receipt shall be a sufficient voucher for the sum expressed to have been expended. (Mar. 28, 1928, ch. 266, § 3, as added Aug. 7, 1939, ch. 566, § 1, 53 Stat. 1263; amended Pub. L. 91–513, title III, § 1102(n)(2), Oct. 27, 1970, 84 Stat. 1293; Pub. L. 114–125, title VIII, § 802(d)(2), Feb. 24, 2016, 130 Stat. 210.) Editorial Notes CODIFICATION Section was formerly classified to section 529d of Title 31 prior to the general revision and enactment of Title 31, Money and Finance, by Pub. L. 97–258, § 1, Sept. 13, 1982, 96 Stat. 877. AMENDMENTS 1970—Pub. L. 91–513 struck out reference to Commis- sioner of Narcotics. Statutory Notes and Related Subsidiaries CHANGE OF NAME 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. EFFECTIVE DATE OF 1970 AMENDMENT Amendment by Pub. L. 91–513 effective on first day of seventh calendar month that begins after the day im- mediately preceding the date of enactment of Pub. L. 91–513, which was approved on Oct. 27, 1970, see section 1105(a) of Pub. L. 91–513, set out as an Effective Date note under section 951 of Title 21, Food and Drugs. SAVINGS PROVISION Prosecutions for any violation of law occurring, and civil seizures or forfeitures and injunctive proceedings commenced, prior to the effective date of amendment of this section by section 1102 of Pub. L. 91–513 not to be affected or abated by reason thereof, see section 1103 of Pub. L. 91–513, set out as a note under section 171 of Title 21, Food and Drugs. 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.