19 U.S.C. § 2071 — Establishment of Service; Commissioner;

Page 458 TITLE 19—CUSTOMS DUTIES § 2071 1 See Change of Name note below. Sec. 2081. Undercover investigative operations of Cus- toms Service. 2082. Customs Service administration. 2083. Annual national trade and customs law viola- tion estimates and enforcement strategy. 2084. Office of Trade. § 2071. Establishment of Service; Commissioner; appointment There shall be in the Department of the Treas- ury a service to be known as the United States Customs Service, and a Commissioner of Cus- toms.1 The Commissioner of Customs,1 who shall be appointed by the President by and with the advice and consent of the Senate, shall— (1) be at the head of the United States Cus- toms Service; (2) carry out the duties and powers pre- scribed by the Secretary of the Treasury; and (3) report to the Secretary of the Treasury through such other officials as may be des- ignated by the Secretary. (Mar. 3, 1927, ch. 348, § 1, 44 Stat. 1381; May 27, 1930, ch. 342, § 8, 46 Stat. 430; Ex. Ord. No. 6639, § 1a, Mar. 10, 1934; Pub. L. 101–207, § 3(b)(1), Dec. 7, 1989, 103 Stat. 1833; Pub. L. 114–125, title VIII, § 802(d)(2), Feb. 24, 2016, 130 Stat. 210.) Editorial Notes CODIFICATION Provisions that fixed the compensation of the Com- missioner have been omitted as the position is under the Executive Schedule, see section 5316 of Title 5, Gov- ernment Organization and Employees. Provisions that authorized appointment of the Com- missioner ‘‘without regard to the civil service laws’’ were omitted as the appointment is subject to the civil service laws unless specifically excepted by such laws or by laws enacted subsequent to Executive Order No. 8743, Apr. 23, 1941, issued by the President pursuant to the act of Nov. 26, 1940, ch. 919, title I, § 1, 54 Stat. 1211, which covered most excepted positions into the classi- fied (competitive) civil service. The Order is set out as a note under section 3301 of Title 5. The position is cur- rently excepted from the civil service rules and regula- tions by Schedule C, see Part 213 of Title 5 of the Code of Federal Regulations. Section was formerly classified to section 281 of Title 5 prior to the general revision and codification of Title 5 by Pub. L. 89–554, § 1, Sept. 6, 1966, 80 Stat. 378. References to the Bureau of Prohibition and to the Commissioner of Prohibition were omitted in view of the change of name of the Bureau of Prohibition to the Bureau of Industrial Alcohol by act May 27, 1930, and the abolition of the Bureau of Industrial Alcohol by Ex. Ord. No. 6639. AMENDMENTS 1989—Pub. L. 101–207 amended second sentence gen- erally. Prior to amendment, second sentence read as follows: ‘‘The Commissioner of Customs shall be at the head of the United States Customs Service, and the Commissioner of Customs shall be appointed by the Secretary of the Treasury.’’ 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 Act Mar. 3, 1927, ch. 348, § 7, 44 Stat. 1383, provided that: ‘‘This Act shall take effect April 1, 1927.’’ 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. MANDATORY ADVANCE ELECTRONIC INFORMATION FOR CARGO AND OTHER IMPROVED CUSTOMS REPORTING PROCEDURES Pub. L. 107–210, div. A, title III, § 343(a), (c), Aug. 6, 2002, 116 Stat. 981, 985, as amended by Pub. L. 107–295, title I, § 108(b), Nov. 25, 2002, 116 Stat. 2089; Pub. L. 109–59, title XI, § 11165(a), Aug. 10, 2005, 119 Stat. 1976; Pub. L. 114–125, title I, § 111(c), Feb. 24, 2016, 130 Stat. 140; Pub. L. 115–271, title VIII, § 8003(a)(1), (b)(1), (e), Oct. 24, 2018, 132 Stat. 4074, which authorized the Secretary of the Treasury to promulgate regulations providing for the transmission to the Customs Service of elec- tronic information pertaining to cargo entering or leaving the United States and was formerly set out as a note under this section, was transferred to section 1415 of this title. SECURE SYSTEMS OF TRANSPORTATION Pub. L. 107–210, div. A, title III, § 343A, Aug. 6, 2002, 116 Stat. 985, required the Secretary of the Treasury to es- tablish a joint task force to evaluate, prototype, and certify secure systems of transportation, required the joint task force to establish a program to evaluate and certify secure systems of international intermodal transport, provided minimum standards for the pro- gram, and mandated that the Secretary recognize cer- tified systems of intermodal transport and report to Congress within one year of the program’s implementa- tion, prior to repeal by Pub. L. 107–295, title I, § 108(c), Nov. 25, 2002, 116 Stat. 2090. EXTENSION OF PRE-CLEARANCE PROGRAM IN ARUBA Pub. L. 102–393, title VI, § 637, Oct. 6, 1992, 106 Stat. 1779, provided that: ‘‘Notwithstanding any other provi- sion of law, the United States Customs Service pilot pre-clearance program authorized to be established in Aruba shall be extended through 1994.’’ REPORTS REGARDING EXPANSION OF CUSTOMS PRECLEARANCE OPERATIONS AND RECOVERY FOR DAM- AGE RESULTING FROM CUSTOMS EXAMINATIONS Pub. L. 101–382, title I, § 124, Aug. 20, 1990, 104 Stat. 643, as amended by Pub. L. 114–125, title VIII, § 802(d)(2), Feb. 24, 2016, 130 Stat. 210, provided that the Secretary of the Treasury would assess the advisability of ex- panding the use of preclearance operations by the United States Customs Service at foreign airports and report to Congress no later than Feb. 1, 1991, and also provided that the Secretary would evaluate various means by which persons whose merchandise is damaged during customs examinations could seek compensation from, or take other recourse against, the United States Customs Service, and report this evaluation to Con- gress by Feb. 1, 1991. 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