6 Usc 202

§ 201
(2)
(3)
(4)
(5)

TITLE 6—DOMESTIC SECURITY
Section 112b(c) of title 1.
Section 2651a(e)(2) of title 22.
Sections 2752 and 2767 of title 22.
Section 2382(c) of title 22.

(h) Authorization of appropriations
There are authorized to be appropriated to
carry out this section such sums as are necessary.
(Pub. L. 107–296, title III, § 317, as added Pub. L.
110–53, title XIX, § 1901(b)(1), Aug. 3, 2007, 121
Stat. 505.)
REFERENCES IN TEXT
The Foreign Relations Authorization Act, Fiscal
Year 1979, referred to in subsec. (g)(1), is Pub. L. 95–426,
Oct. 7, 1978, 92 Stat. 963. Title V of the Act is classified
generally to sections 2656a to 2656d of Title 22, Foreign
Relations and Intercourse. For complete classification
of this Act to the Code, see Tables.
FINDINGS
Pub. L. 110–53, title XIX, § 1901(a), Aug. 3, 2007, 121
Stat. 505, provided that: ‘‘Congress finds the following:
‘‘(1) The development and implementation of technology is critical to combating terrorism and other
high consequence events and implementing a comprehensive homeland security strategy.
‘‘(2) The United States and its allies in the global
war on terrorism share a common interest in facilitating research, development, testing, and evaluation
of equipment, capabilities, technologies, and services
that will aid in detecting, preventing, responding to,
recovering from, and mitigating against acts of terrorism.
‘‘(3) Certain United States allies in the global war
on terrorism, including Israel, the United Kingdom,
Canada, Australia, and Singapore have extensive experience with, and technological expertise in, homeland security.
‘‘(4) The United States and certain of its allies in
the global war on terrorism have a history of successful collaboration in developing mutually beneficial
equipment, capabilities, technologies, and services in
the areas of defense, agriculture, and telecommunications.
‘‘(5) The United States and its allies in the global
war on terrorism will mutually benefit from the sharing of technological expertise to combat domestic
and international terrorism.
‘‘(6) The establishment of an office to facilitate and
support cooperative endeavors between and among
government agencies, for-profit business entities,
academic institutions, and nonprofit entities of the
United States and its allies will safeguard lives and
property worldwide against acts of terrorism and
other high consequence events.’’

Page 58

SUBCHAPTER IV—DIRECTORATE OF
BORDER AND TRANSPORTATION SECURITY
PART A—UNDER SECRETARY FOR BORDER AND
TRANSPORTATION SECURITY
§ 201. Under Secretary for Border and Transportation Security
There shall be in the Department a Directorate of Border and Transportation Security
headed by an Under Secretary for Border and
Transportation Security.
(Pub. L. 107–296, title IV, § 401, Nov. 25, 2002, 116
Stat. 2177.)
§ 202. Responsibilities
The Secretary, acting through the Under Secretary for Border and Transportation Security,
shall be responsible for the following:
(1) Preventing the entry of terrorists and the
instruments of terrorism into the United
States.
(2) Securing the borders, territorial waters,
ports, terminals, waterways, and air, land, and
sea transportation systems of the United
States, including managing and coordinating
those functions transferred to the Department
at ports of entry.
(3) Carrying out the immigration enforcement functions vested by statute in, or performed by, the Commissioner of Immigration
and Naturalization (or any officer, employee,
or component of the Immigration and Naturalization Service) immediately before the
date on which the transfer of functions specified under section 251 of this title takes effect.
(4) Establishing and administering rules, in
accordance with section 236 of this title, governing the granting of visas or other forms of
permission, including parole, to enter the
United States to individuals who are not a citizen or an alien lawfully admitted for permanent residence in the United States.
(5) Establishing national immigration enforcement policies and priorities.
(6) Except as provided in part C of this subchapter, administering the customs laws of
the United States.
(7) Conducting the inspection and related administrative functions of the Department of
Agriculture transferred to the Secretary of
Homeland Security under section 231 of this
title.
(8) In carrying out the foregoing responsibilities, ensuring the speedy, orderly, and efficient flow of lawful traffic and commerce.
(Pub. L. 107–296, title IV, § 402, Nov. 25, 2002, 116
Stat. 2177.)

TRANSPARENCY OF FUNDS

REFERENCES IN TEXT

Pub. L. 110–53, title XIX, § 1902, Aug. 3, 2007, 121 Stat.
508, provided that: ‘‘For each Federal award (as that
term is defined in section 2 of the Federal Funding Accountability and Transparency Act of 2006 [Pub. L.
109–282] (31 U.S.C. 6101 note)) under this title [enacting
this section and provisions set out as notes under this
section] or an amendment made by this title, the Director of the Office of Management and Budget shall ensure full and timely compliance with the requirements
of the Federal Funding Accountability and Transparency Act of 2006 (31 U.S.C. 6101 note).’’

Part C of this subchapter, referred to in par. (6), was
in the original ‘‘subtitle C’’, meaning subtitle C (§ 421 et
seq.) of title IV of Pub. L. 107–296, Nov. 25, 2002, 116 Stat.
2182, which enacted part C (§ 231 et seq.) of this subchapter and amended sections 2279e and 2279f of Title 7,
Agriculture, and sections 115, 44901, and 47106 of Title
49, Transportation. For complete classification of subtitle C to the Code, see Tables.
The customs laws of the United States, referred to in
par. (6), are classified generally to Title 19, Customs
Duties.

Page 59

TITLE 6—DOMESTIC SECURITY

§ 203. Functions transferred
In accordance with subchapter XII of this
chapter (relating to transition provisions), there
shall be transferred to the Secretary the functions, personnel, assets, and liabilities of—
(1) the United States Customs Service of the
Department of the Treasury, including the
functions of the Secretary of the Treasury relating thereto;
(2) the Transportation Security Administration of the Department of Transportation, including the functions of the Secretary of
Transportation, and of the Under Secretary of
Transportation for Security, relating thereto;
(3) the Federal Protective Service of the
General Services Administration, including
the functions of the Administrator of General
Services relating thereto;
(4) the Federal Law Enforcement Training
Center of the Department of the Treasury; and
(5) the Office for Domestic Preparedness of
the Office of Justice Programs, including the
functions of the Attorney General relating
thereto.
(Pub. L. 107–296, title IV, § 403, Nov. 25, 2002, 116
Stat. 2178.)
PART B—UNITED STATES CUSTOMS SERVICE
§ 211. Establishment; Commissioner of Customs
(a) Establishment
There is established in the Department the
United States Customs Service, under the authority of the Under Secretary for Border and
Transportation Security, which shall be vested
with those functions including, but not limited
to those set forth in section 215(7) of this title,
and the personnel, assets, and liabilities attributable to those functions.
(b) Commissioner of Customs
(1) In general
There shall be at the head of the Customs
Service a Commissioner of Customs, who shall
be appointed by the President, by and with the
advice and consent of the Senate.
(2) Omitted
(3) Continuation in office
The individual serving as the Commissioner
of Customs on the day before the effective
date of this chapter may serve as the Commissioner of Customs on and after such effective
date until a Commissioner of Customs is appointed under paragraph (1).
(Pub. L. 107–296, title IV, § 411, Nov. 25, 2002, 116
Stat. 2178.)
REFERENCES IN TEXT
The effective date of this chapter, referred to in subsec. (b)(3), is 60 days after Nov. 25, 2002, see section 4 of
Pub. L. 107–296, set out as an Effective Date note under
section 101 of this title.
CODIFICATION
Section is comprised of section 411 of Pub. L. 107–296.
Subsec. (b)(2) of section 411 of Pub. L. 107–296 amended
section 5314 of Title 5, Government Organization and
Employees.
CHANGE OF NAME
Customs Service, referred to in subsecs. (a) and (b)(1),
changed to Bureau of Customs and Border Protection

§ 212

by Reorganization Plan Modification for the Department of Homeland Security, eff. Mar. 1, 2003, H. Doc.
No. 108–32, 108th Congress, 1st Session, set out as a note
under section 542 of this title.

§ 212. Retention of Customs revenue functions by
Secretary of the Treasury
(a) Retention of Customs revenue functions by
Secretary of the Treasury
(1) Retention of authority
Notwithstanding section 203(a)(1) 1 of this
title, authority related to Customs revenue
functions that was vested in the Secretary of
the Treasury by law before the effective date
of this chapter under those provisions of law
set forth in paragraph (2) shall not be transferred to the Secretary by reason of this chapter, and on and after the effective date of this
chapter, the Secretary of the Treasury may
delegate any such authority to the Secretary
at the discretion of the Secretary of the Treasury. The Secretary of the Treasury shall consult with the Secretary regarding the exercise
of any such authority not delegated to the
Secretary.
(2) Statutes
The provisions of law referred to in paragraph (1) are the following: the Tariff Act of
1930 [19 U.S.C. 1202 et seq.]; section 249 of the
Revised Statutes of the United States (19
U.S.C. 3); section 2 of the Act of March 4, 1923
(19 U.S.C. 6); section 13031 of the Consolidated
Omnibus Budget Reconciliation Act of 1985 (19
U.S.C. 58c); section 251 of the Revised Statutes
of the United States (19 U.S.C. 66); section 1 of
the Act of June 26, 1930 (19 U.S.C. 68); the Foreign Trade Zones Act (19 U.S.C. 81a et seq.);
section 1 of the Act of March 2, 1911 (19 U.S.C.
198); the Trade Act of 1974 [19 U.S.C. 2101 et
seq.]; the Trade Agreements Act of 1979; the
North American Free Trade Area Implementation Act; the Uruguay Round Agreements Act;
the Caribbean Basin Economic Recovery Act
[19 U.S.C. 2701 et seq.]; the Andean Trade Preference Act [19 U.S.C. 3201 et seq.]; the African
Growth and Opportunity Act [19 U.S.C. 3701 et
seq.]; and any other provision of law vesting
customs revenue functions in the Secretary of
the Treasury.
(b) Maintenance of Customs revenue functions
(1) Maintenance of functions
Notwithstanding any other provision of this
chapter, the Secretary may not consolidate,
discontinue, or diminish those functions described in paragraph (2) performed by the
United States Customs Service (as established
under section 211 of this title) on or after the
effective date of this chapter, reduce the staffing level, or reduce the resources attributable
to such functions, and the Secretary shall ensure that an appropriate management structure is implemented to carry out such functions.
(2) Functions
The functions referred to in paragraph (1)
are those functions performed by the following
1 So

in original. Probably should be section ‘‘203(1)’’.