Supporting U.S.C.

§ 2052

TITLE 19—CUSTOMS DUTIES

(1) because it advocates a particular position
or viewpoint, whether or not it presents or acknowledges opposing viewpoints;
(2) because it might lend itself to misinterpretation, or to misrepresentation of the
United States or other countries, or their people or institutions;
(3) because it is not representative, authentic, or accurate or does not represent the current state of factual knowledge of a subject or
aspect of a subject unless the material contains widespread and gross misstatements of
fact;
(4) because it does not augment international understanding and goodwill, unless
its primary purpose or effect is not to instruct
or inform through the development of a subject or an aspect of a subject and its content
is not such as to maintain, increase, or diffuse
knowledge; or
(5) because in the opinion of the agency the
material is propaganda.
Such Federal agency or agencies may not label
as propaganda any material that receives a certificate of international educational character
under this section and the Agreement.
(Pub. L. 89–634, § 1, Oct. 8, 1966, 80 Stat. 879; Pub.
L. 102–138, title II, § 207, Oct. 28, 1991, 105 Stat.
693.)
AMENDMENTS
1991—Pub. L. 102–138 inserted provisions at end limiting the authority of a Federal agency or agencies to
fail to qualify visual or auditory material as being of
international educational character and providing that
any material that receives a certificate of international educational character not be labeled as propaganda.
EX. ORD. NO. 11311. IMPLEMENTATION OF BEIRUT
AGREEMENT RELATING TO AUDIO-VISUAL MATERIALS
Ex. Ord. No. 11311, Oct. 14, 1966, 31 F.R. 13413, provided:
By virtue of the authority vested in me as President
of the United States, including the provisions of the
Joint Resolution of October 8, 1966, Public Law 89–634
[this chapter and amendment to section 1202 of this
title], and section 301 of Title 3 of the United States
Code, I hereby order and proclaim that—
1. Pursuant to section 3(b) of the Joint Resolution,
the amendments to the Tariff Schedules of the United
States made by section 3(a) of the Joint Resolution
shall apply with respect to articles entered, or withdrawn from warehouse, for consumption, on and after
January 1, 1967.
2. Pursuant to the ‘‘Agreement for Facilitating the
International Circulation of Visual and Auditory Materials of an Educational, Scientific and Cultural Character’’, made at Beirut in 1948, the Joint Resolution,
and headnote 1 to schedule 8, part 6 of the Tariff Schedules of the United States, the United States Information Agency is hereby designated as the agency to
carry out the provisions of the Agreement and related
protocol, and to make any determinations and to prescribe any regulations required by headnote 1.
LYNDON B. JOHNSON.
[For abolition of United States Information Agency
(other than Broadcasting Board of Governors and International Broadcasting Bureau), transfer of functions,
and treatment of references thereto, see sections 6531,
6532, and 6551 of Title 22, Foreign Relations and Intercourse.]

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§ 2052. Assistance from other Federal agencies;
facilities and personnel
Agencies of the Federal Government are authorized to furnish facilities and personnel for
the purpose of assisting the agency or agencies
designated by the President in carrying out the
provisions of the Agreement.
(Pub. L. 89–634, § 2, Oct. 8, 1966, 80 Stat. 879.)
CHAPTER 10—CUSTOMS SERVICE
Sec.

2071.
2072.
2073.
2074.
2075.
2076.
2077.
2078.
2079.
2080.
2081.
2082.
2083.

Establishment of Service; Commissioner; appointment.
Officers and employees.
Transfer of personnel, etc., to Service.
Establishment of revolving fund.
Appropriations authorization.
Advances in foreign countries.
Advances for enforcement of customs provisions.
Certification of reason for advance.
Payments in foreign countries; claims for reimbursement.
Advances from available appropriations; rules
and regulations.
Undercover investigative operations of Customs Service.
Customs Service administration.
Annual national trade and customs law violation estimates and enforcement strategy.

§ 2071. Establishment of Service; Commissioner;
appointment
There shall be in the Department of the Treasury a service to be known as the United States
Customs Service, and a Commissioner of Customs. The Commissioner of Customs, 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 Customs Service;
(2) carry out the duties and powers prescribed by the Secretary of the Treasury; and
(3) report to the Secretary of the Treasury
through such other officials as may be designated 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.)
CODIFICATION
Provisions that fixed the compensation of the Commissioner have been omitted as the position is under
the Executive Schedule, see section 5316 of Title 5, Government Organization and Employees.
Provisions that authorized appointment of the Commissioner ‘‘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 classified (competitive) civil service. The Order is set out as
a note under section 3301 of Title 5. The position is currently excepted from the civil service rules and regulations 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

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TITLE 19—CUSTOMS DUTIES

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 generally. 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.’’
CHANGE OF NAME
‘‘United States Customs Service’’ substituted in text
for ‘‘Bureau of Customs’’ 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.
EFFECTIVE DATE
Section 7 of act Mar. 3, 1927, provided that: ‘‘This Act
shall take effect April 1, 1927.’’
TRANSFER OF FUNCTIONS
For transfer of functions, personnel, assets, and liabilities of the United States Customs Service of the
Department of the Treasury, including functions of the
Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related 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 November 25, 2002, as modified, set out as a note under section
542 of Title 6.
Functions vested by law in Attorney General, Department of Justice, or any other officer or any agency of
that Department, with respect to the inspection at regular inspection locations at ports of entry of persons,
and documents of persons, entering or leaving the
United States, were to have been transferred to Secretary 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 section 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 Treasury 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 employees, 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 Employees.
MANDATORY ADVANCED 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,
provided that:
‘‘(a) CARGO INFORMATION.—
‘‘(1) IN GENERAL.—(A) Subject to paragraphs (2) and
(3), the Secretary is authorized to promulgate regulations providing for the transmission to the Customs
Service, through an electronic data interchange system, of information pertaining to cargo to be brought
into the United States or to be sent from the United
States, prior to the arrival or departure of the cargo.
‘‘(B) The Secretary shall endeavor to promulgate an
initial set of regulations under subparagraph (A) not
later than October 1, 2003.
‘‘(2) INFORMATION REQUIRED.—The cargo information
required by the regulations promulgated pursuant to

§ 2071

paragraph (1) under the parameters set forth in paragraph (3) shall be such information on cargo as the
Secretary determines to be reasonably necessary to
ensure cargo safety and security pursuant to those
laws enforced and administered by the Customs Service. The Secretary shall provide to appropriate Federal departments and agencies cargo information obtained pursuant to paragraph (1).
‘‘(3) PARAMETERS.—In developing regulations pursuant to paragraph (1), the Secretary shall adhere to
the following parameters:
‘‘(A) The Secretary shall solicit comments from
and consult with a broad range of parties likely to
be affected by the regulations, including importers,
exporters, carriers, customs brokers, and freight
forwarders, among other interested parties.
‘‘(B) In general, the requirement to provide particular information shall be imposed on the party
most likely to have direct knowledge of that information. Where requiring information from the
party with direct knowledge of that information is
not practicable, the regulations shall take into account how, under ordinary commercial practices,
information is acquired by the party on which the
requirement is imposed, and whether and how such
party is able to verify the information. Where information is not reasonably verifiable by the party on
which a requirement is imposed, the regulations
shall permit that party to transmit information on
the basis of what it reasonably believes to be true.
‘‘(C) The Secretary shall take into account the
existence of competitive relationships among the
parties on which requirements to provide particular
information are imposed.
‘‘(D) Where the regulations impose requirements
on carriers of cargo, they shall take into account
differences among different modes of transportation, including differences in commercial practices, operational characteristics, and technological capacity to collect and transmit information electronically.
‘‘(E) The regulations shall take into account the
extent to which the technology necessary for parties to transmit and the Customs Service to receive
and analyze data in a timely fashion is available.
To the extent that the Secretary determines that
the necessary technology will not be widely available to particular modes of transportation or other
affected parties until after promulgation of the regulations, the regulations shall provide interim requirements appropriate for the technology that is
available at the time of promulgation.
‘‘(F) The information collected pursuant to the
regulations shall be used exclusively for ensuring
cargo safety and security and preventing smuggling, and shall not be used for determining merchandise entry or for any other commercial enforcement purposes. Notwithstanding the preceding
sentence, nothing in this section [enacting section
1431a of this title and this note] shall be treated as
amending, repealing, or otherwise modifying title
IV of the Tariff Act of 1930 [19 U.S.C. 1401 et seq.]
or regulations promulgated thereunder.
‘‘(G) The regulations shall protect the privacy of
business proprietary and any other confidential
cargo information provided to the Customs Service
pursuant to such regulations, except for the manifest information collected pursuant to section 431 of
the Tariff Act of 1930 [19 U.S.C. 1431] and required to
be available for public disclosure pursuant to section 431(c) of such Act.. [sic]
‘‘(H) In determining the timing for transmittal of
any information, the Secretary shall balance likely
impact on flow of commerce with impact on cargo
safety and security. With respect to requirements
that may be imposed on carriers of cargo, the timing for transmittal of information shall take into
account differences among different modes of transportation, as described in subparagraph (D).
‘‘(I) Where practicable, the regulations shall
avoid imposing requirements that are redundant

§ 2071

TITLE 19—CUSTOMS DUTIES

with one another or that are redundant with requirements in other provisions of law.
‘‘(J) The Secretary shall determine whether it is
appropriate to provide transition periods between
promulgation of the regulations and the effective
date of the regulations and shall prescribe such
transition periods in the regulations, as appropriate. The Secretary may determine that different
transition periods are appropriate for different
classes of affected parties.
‘‘(K) With respect to requirements imposed on
carriers, the Secretary, in consultation with the
Postmaster General, shall determine whether it is
appropriate to impose the same or similar requirements on shipments by the United States Postal
Service. If the Secretary determines that such requirements are appropriate, then they shall be set
forth in the regulations.
‘‘(L) Not later than 15 days prior to publication of
a final rule pursuant to this section, the Secretary
shall transmit to the Committees on Finance and
Commerce, Science, and Transportation of the Senate and the Committees on Ways and Means and
Transportation and Infrastructure of the House of
Representatives a report setting forth—
‘‘(i) the proposed regulations;
‘‘(ii) an explanation of how particular requirements in the proposed regulations meet the needs
of cargo safety and security;
‘‘(iii) an explanation of how the Secretary expects the proposed regulations to affect the commercial practices of affected parties;
‘‘(iv) an explanation of how the proposed regulations address particular comments received from
interested parties; and
‘‘(v) if the Secretary determines to amend the
proposed regulations after they have been transmitted to the Committees pursuant to this subparagraph, the Secretary shall transmit the
amended regulations to such Committees no later
than 5 days prior to the publication of the final
rule.
‘‘(4) TRANSMISSION OF DATA.—Pursuant to paragraph
(2), not later than 1 year after the date of enactment
of this paragraph [Aug. 10, 2005], the Secretary of
Homeland Security, after consultation with the Secretary of the Treasury, shall establish an electronic
data interchange system through which the United
States Customs and Border Protection shall transmit
to the Internal Revenue Service information pertaining to cargoes of any taxable fuel (as defined in section 4083 of the Internal Revenue Code of 1986 [26
U.S.C. 4083]) that the United States Customs and Border Protection has obtained electronically under its
regulations adopted in accordance with paragraph (1).
For this purpose, not later than 1 year after the date
of enactment of this paragraph, all filers of required
cargo information for such taxable fuels (as so defined) must provide such information to the United
States Customs and Border Protection through such
electronic data interchange system.
‘‘(c) SECRETARY.—For purposes of this section [enacting section 1431a of this title and this note], the term
‘Secretary’ means the Secretary of the Treasury. If, at
the time the regulations required by subsection (a)(1)
are promulgated, the Customs Service is no longer located in the Department of the Treasury, then the Secretary of the Treasury shall exercise the authority
under subsection (a) jointly with the Secretary of the
Department in which the Customs Service is located.’’
[Pub. L. 109–59, title XI, § 11165(b), Aug. 10, 2005, 119
Stat. 1976, provided that: ‘‘The amendment made by
this section [amending section 343(a) of Pub. L. 107–210,
set out above] shall take effect on the date of the enactment of this Act [Aug. 10, 2005].’’]
[Pub. L. 107–295, title I, § 108(b)(3)(D)(i)(II), Nov. 25,
2002, 116 Stat. 2090, which directed the amendment of
section 343(a)(3)(L) of Pub. L. 107–210, set out above, by
substituting ‘‘publication of a final rule pursuant to
this section’’ for ‘‘promulgation of regulations’’ in the

Page 416

matter preceding cl. (i), was executed by making the
substitution for ‘‘promulgation of the regulations’’ to
reflect the probable intent of Congress.]
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 establish 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 program, and mandated that the Secretary recognize certified systems of intermodal transport and report to
Congress within one year of the program’s implementation, 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 provision of law, the United States Customs Service pilot
pre-clearance program authorized to be established in
Aruba shall be extended through 1994.’’
REGARDING EXPANSION OF CUSTOMS PRECLEARANCE OPERATIONS AND RECOVERY FOR DAMAGE
RESULTING FROM CUSTOMS EXAMINATIONS

REPORTS

Pub. L. 101–382, title I, § 124, Aug. 20, 1990, 104 Stat.
643, provided that:
‘‘(a) CUSTOMS PRECLEARANCE.—The Secretary of the
Treasury, in consultation with the Secretary of State,
shall assess the advisability of expanding the use of
preclearance operations by the United States Customs
Service at foreign airports. The Secretary of the Treasury shall submit a report on the assessment to the
Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate (hereafter in this section referred to as the ‘Committees’) no later than February 1, 1991.
‘‘(b) RECOVERY FOR CUSTOMS DAMAGE.—
‘‘(1) The Secretary of the Treasury, in consultation
with the Attorney General, shall determine and
evaluate various means by which persons whose merchandise is damaged during customs examinations
may seek compensation from, or take other recourse
against, the United States Customs Service regarding
the damage.
‘‘(2) No later than February 1, 1991, the Secretary of
the Treasury shall submit to the Committees a report
on the evaluation required under paragraph (1), together with any legislative recommendation that the
Secretary considers appropriate.
‘‘(c) MERCHANDISE DAMAGE STATISTICS.—The Commissioner of Customs shall keep accurate statistics on the
incidence, nature, and extent of damage to merchandise resulting from customs examinations and shall
provide an annual summary of these statistics to the
Committees.’’
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 operations at a facility of the United States Customs Service in a country within the Caribbean Basin which the
Commissioner considered appropriate for testing the
extent to which the availability of preclearance operations 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 operations.
INCUMBENT COMMISSIONER ON DECEMBER 6, 1989
Section 3(b)(2) of Pub. L. 101–207 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 Customs, appointed as

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TITLE 19—CUSTOMS DUTIES

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, provided that:
‘‘(1) The Secretary of the Treasury shall establish an
advisory committee which shall be known as the ‘Advisory Committee on Commercial Operations of the
United States Customs Service’ (hereafter in this subsection referred to as the ‘Advisory Committee’).
‘‘(2)(A) The Advisory Committee shall consist of 20
members appointed by the Secretary of the Treasury.
‘‘(B) In making appointments under subparagraph
(A), the Secretary of the Treasury shall ensure that—
‘‘(i) the membership of the Advisory Committee is
representative of the individuals and firms affected
by the commercial operations of the United States
Customs Service; and
‘‘(ii) a majority of the members of the Advisory
Committee do not belong to the same political party.
‘‘(3) The Advisory Committee shall—
‘‘(A) provide advice to the Secretary of the Treasury on all matters involving the commercial operations of the United States Customs Service; and
‘‘(B) submit an annual report to the Committee on
Finance of the Senate and the Committee on Ways
and Means of the House of Representatives that
shall—
‘‘(i) describe the operations of the Advisory Committee during the preceding year, and
‘‘(ii) set forth any recommendations of the Advisory Committee regarding the commercial operations of the United States Customs Service.
‘‘(4) The Assistant Secretary of the Treasury for Enforcement shall preside over meetings of the Advisory
Committee.’’
Pub. L. 99–272, title XIII, § 13033, Apr. 7, 1986, 100 Stat.
311, which provided for the establishment of an advisory committee, whose members were to consist of representatives from the airline, shipping, and other
transportation industries, the general public, and others, 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.

§ 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 employees as he may deem necessary. One of the
deputy commissioners of the United States Customs Service shall have charge of investigations. Appointments under this subsection shall
be subject to the provisions of the civil service
laws, and the salaries shall be fixed in accordance with chapter 51 and subchapter III of chapter 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 Customs Service to act as Commissioner of Customs, during the absence or disability of the
Commissioner of Customs, or in the event that
there is no Commissioner of Customs.
(c) Duties of personnel
The personnel of the United States Customs
Service shall perform such duties as the Secretary of the Treasury may prescribe.

§ 2072

(d) Office of International Trade
(1) Establishment
There is established within the United
States Customs and Border Protection an Office of International Trade that shall be headed by an Assistant Commissioner.
(2) Transfer of assets, functions, and personnel;
elimination of offices
(A) Office of Strategic Trade
(i) In general
Not later than 90 days after October 13,
2006, the Commissioner shall transfer the
assets, functions, and personnel of the Office of Strategic Trade to the Office of
International Trade established pursuant
to paragraph (1) and the Office of Strategic
Trade shall be abolished.
(ii) Limitation on funds
No funds appropriated to the United
States Customs and Border Protection
may be used to transfer the assets, functions, or personnel of the Office of Strategic Trade, to an office other than the office established pursuant to paragraph (1)
of this subsection.
(B) Office of regulations and rulings
(i) In general
Not later than 90 days after October 13,
2006, the Commissioner shall transfer the
assets, functions, and personnel of the Office of Regulations and Rulings to the Office of International Trade established
pursuant to paragraph (1) and the Office of
Regulations and Rulings shall be abolished.
(ii) Limitation on funds
No funds appropriated to the United
States Customs and Border Protection
may be used to transfer the assets, functions, or personnel of the Office of Regulations and Rulings, to an office other than
the office established pursuant to paragraph (1) of this subsection.
(C) Other transfers
The Commissioner is authorized to transfer any other assets, functions, or personnel
within the United States Customs and Border Protection to the Office of International
Trade established pursuant to paragraph (1).
Not less than 45 days prior to each such
transfer, the Commissioner shall notify the
Committee on Appropriations, the Committee on Finance, and the Committee on
Homeland Security and Governmental Affairs of the Senate and the Committee on
Appropriations, the Committee on Homeland
Security, and the Committee on Ways and
Means of the House of Representatives of the
specific assets, functions, or personnel to be
transferred, and the reason for such transfer.
Such notification shall also include—
(i) an explanation of how trade enforcement functions will be impacted by the reorganization;
(ii) an explanation of how the reorganization meets the requirements of section