19 U.S.C. § 2075
There are authorized to be appropriated for the salaries and expenses of the Customs Service that are incurred in noncommercial operations not to exceed the following:
There are authorized to be appropriated for the operation (including salaries and expenses) and maintenance of the air interdiction program of the Customs Service not to exceed the following:
No part of any sum that is appropriated under the authority of subsection (b) may be used to implement any procedure relating to the time of collection of estimated duties that shortens the maximum 10-day deferment procedure in effect on January 1, 1981.
No part of any sum that is appropriated under subsection (b) for fiscal years after September 30, 1984, may be used for administrative expenses to pay any employee of the United States Customs Service overtime pay in an amount exceeding $25,000; except that the Commissioner of Customs 1 or his designee may waive this limitation in individual cases in order to prevent excessive costs or to meet emergency requirements of the Service.
For the fiscal year beginning October 1, 1982, and for each fiscal year thereafter, there are authorized to be appropriated to the Department of the Treasury for salaries of the United States Customs Service such additional sums as may be provided by law to reflect pay rate changes made in accordance with the Federal Pay Comparability Act of 1970.
If savings in salaries and expenses result from the consolidation of administrative functions within the Customs Service, the Commissioner of Customs 1 shall apply those savings, to the extent they are not needed to meet emergency requirements of the Service, to strengthening the commercial operations of the Service by increasing the number of inspector, import specialist, patrol officer, and other line operational positions.
Not later than June 30, 2007, and every 2 years thereafter, the Commissioner shall prepare and submit to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives a Resource Allocation Model to determine the optimal staffing levels required to carry out the commercial operations of United States Customs and Border Protection, including commercial inspection and release of cargo and the revenue functions described in section 212(b)(2) of title 6. The Model shall comply with the requirements of section 212(b)(1) of such title and shall take into account previous staffing models, historic and projected trade volumes, and trends. The Resource Allocation Model shall apply both risk-based and random sampling approaches for determining adequate staffing needs for priority trade functions, including-
Not later than September 30, 2007, the Commissioner shall ensure that the requirements of section 212(b) of title 6 are fully satisfied and shall report to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives regarding the implementation of this subparagraph.
The initial Resource Allocation Model required pursuant to paragraph (1) shall provide for the hiring of a minimum of 200 additional Customs and Border Protection Officers per year for each of the fiscal years 2008 through 2012. The Commissioner shall hire such additional Officers subject to the appropriation of funds to pay for the salaries and expenses of such Officers. In assigning the 1,000 additional Officers authorized by this subparagraph, the Commissioner shall-
In assigning such Officers pursuant to subparagraph (B), the Commissioner shall consult with the port directors of each service port and the other ports of entry serviced by such service port. The Commissioner shall not assign an Officer to a port of entry pursuant to subparagraph (B)(ii) if the port director of the service port that services such port of entry certifies to the Commissioner that an additional Officer is not needed at such port of entry.
Not later than 60 days after the beginning of each of the fiscal years 2008 through 2012, the Commissioner shall submit a report to the Committee on Finance of the Senate, the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Homeland Security of the House of Representatives, and the Committee on Ways and Means of the House of Representatives, that describes how the additional Officers authorized under subparagraph (B) will be allocated among the ports of entry in the United States in accordance with subparagraph (C).
In addition to any monies hereafter appropriated to United States Customs and Border Protection in the Department of Homeland Security, there are authorized to be appropriated for the purpose of meeting the requirements of paragraph (2)(B), to remain available until expended-
Not later than 30 days after the end of each fiscal year, the Commissioner shall report to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives on the resources directed to commercial and trade facilitation functions within the Office of Field Operations for the preceding fiscal year. Such information shall be reported for each category of personnel within the Office of Field Operations.
Not later than 30 days after October 13, 2006, the Commissioner shall designate and maintain not less than 5 attorneys within the Office of International Trade established pursuant to section 2072 of this title, with responsibility for the prompt development and promulgation of regulations necessary to implement any trade agreement entered into by the United States, in addition to any other responsibilities assigned by the Commissioner.
In this subsection, the term "Commissioner" means the Commissioner responsible for United States Customs and Border Protection in the Department of Homeland Security.
1 See Change of Name note below.
19 U.S.C. § 2075
EDITORIAL NOTES
REFERENCES IN TEXTThe Federal Pay Comparability Act of 1970, referred to in subsec. (e), is Pub. L. 91-656, Jan. 8, 1971, 84 Stat. 1946, which enacted sections 5305 to 5308 and 5947 of Title 5, Government Organization and Employees, amended sections 5108, 5301, and 5942 of Title 5 and section 410 of Title 39, Postal Service, repealed section 5302 of Title 5, and enacted provisions set out as notes under sections 5303 and 5942 of Title 5, section 60a of Title 2, The Congress, and section 410 of Title 39. For complete classification of the Act to the Code see Short Title note set out under section 5301 of Title 5 and Tables.Hereafter, referred to in subsec. (h)(3), probably means on and after the date of enactment of Pub. L. 109-347 which enacted subsec. (h) and was approved Oct. 13, 2006.
AMENDMENTS2006-Subsec. (h). Pub. L. 109-347 added subsec. (h).2002-Subsec. (a)(3). Pub. L. 107-210, §311(d), added par. (3).Subsec. (b)(1)(A). Pub. L. 107-210, §311(a)(1), added subpar. (A) and struck out former subpar. (A) which read as follows: "$516,217,000 for fiscal year 1991."Subsec. (b)(1)(B). Pub. L. 107-210, §311(a)(2), added subpar. (B) and struck out former subpar. (B) which read as follows: "$542,091,000 for fiscal year 1992."Subsec. (b)(2)(A)(i). Pub. L. 107-210, §311(b)(1)(A), added cl. (i) and struck out former cl. (i) which read as follows: "$672,021,000 for fiscal year 1991."Subsec. (b)(2)(A)(ii). Pub. L. 107-210, §311(b)(1)(B), added cl. (ii) and struck out former cl. (ii) which read as follows: "$705,793,000 for fiscal year 1992."Subsec. (b)(3)(A). Pub. L. 107-210, §311(c)(1), added subpar. (A) and struck out former subpar. (A) which read as follows: "$143,047,000 for fiscal year 1991."Subsec. (b)(3)(B). Pub. L. 107-210, §311(c)(2), added subpar. (B) and struck out former subpar. (B) which read as follows: "$150,199,000 for fiscal year 1992."1990-Subsec. (b). Pub. L. 101-382 amended subsec. (b) generally, in par. (1), substituting provisions authorizing $516,217,000 and $542,091,000 for fiscal years 1991 and 1992, respectively, for provisions authorizing $418,822,000 for fiscal year 1990, of which at least $26,240,000 was to be used to hire at least 435 additional inspectors and other drug interdiction personnel, in par. (2), designating existing provisions as subpar. (A) and substituting provisions authorizing $672,021,000 and $705,793,000 for fiscal years 1991 and 1992, respectively, for provisions authorizing $656,468,000 for fiscal year 1990, striking out provisions relating to Customs User Fee Account, and adding subpar. (B), and in par. (3), substituting provisions authorizing $143,047,000 and $150,199,000 for fiscal years 1991 and 1992, respectively, for provisions authorizing $128,128,000 for fiscal year 1990.1989-Subsec. (b)(1). Pub. L. 101-207, §3(a)(1), (2), substituted "1990" for "1989" and "$418,822,000" for "$440,504,000".Subsec. (b)(2). Pub. L. 101-207, §3(a)(1), (3), substituted "1990" for "1989" and "$656,468,000" for "$615,247,000".Subsec. (b)(3). Pub. L. 101-207, §3(a)(1), (4), substituted "1990" for "1989" and "$128,128,000" for "$142,262,000".Subsec. (b)(4). Pub. L. 101-207, §3(a)(5), struck out par. (4) which read as follows: "There are authorized to be appropriated to the Secretary of the Treasury for fiscal year 1989, $1,600,000 for payment to the Customs Cooperation Council."1988-Subsec. (b)(1). Pub. L. 100-690, §7361(a)(1), amended par. (1) generally. Prior to amendment, par. (1) read as follows: "There are authorized to be appropriated for fiscal year 1988 not to exceed $348,192,000 for the salaries and expenses of the United States Customs Service that are incurred in noncommercial operations, of which $171,857.06 shall be available only for concluding Contract TC-82-54 that was awarded for the development and testing of an automatic license plate reader."Subsec. (b)(2). Pub. L. 100-690, §7361(a)(2)(A), (B), substituted authorization of appropriation of $615,247,000 for fiscal year 1989 for authorization of appropriation of $615,000,000 for fiscal year 1988.Subsec. (b)(3). Pub. L. 100-690, §7361(a)(2)(A), (C), substituted authorization of appropriation of $142,262,000 for fiscal year 1989 for authorization of appropriation of $118,309,000 for fiscal year 1988.Subsec. (b)(4). Pub. L. 100-690, §7361(a)(2)(D), added par. (4).Subsec. (g)(3). Pub. L. 100-690, §7361(b), added par. (3).1987-Subsec. (b). Pub. L. 100-203, §9503(a), amended subsec. (b) generally, revising and restating as pars. (1) to (3) provisions of former pars. (1) and (2).Subsec. (f). Pub. L. 100-203, §9503(b)(1), struck out heading which is now editorially supplied.Subsec. (g). Pub. L. 100-203, §9503(b)(2), (3), struck out heading which is now editorially supplied, designated existing provisions as par. (1), and added par. (2).1986-Subsec. (a). Pub. L. 99-509, §8102(1), designated existing provisions as par. (1) and added par. (2).Subsec. (b). Pub. L. 99-570, title III, §3141(a), Oct. 27, 1986, 100 Stat. 3207-92, which directed an amendment to subsec. (b) of this section did not become effective pursuant to Pub. L. 99-570, title III, §3141(b), which provided that the amendment made by section 3141(a) would not be effective if H.R. 5300 was enacted with an identical amendment. H.R. 5300 was enacted as Pub. L. 99-509 with an identical amendment in section 8102(2). See below. Pub. L. 99-509, §8102(2), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows:"(1) There are authorized to be appropriated to the Department of the Treasury not to exceed $772,141,000 for the salaries and expenses of the United States Customs Service for fiscal year 1986; of which-"(A) $27,900,000 is for the addition of 500 inspectors, 150 import specialists, 100 customs patrol officers, and 50 special agents;"(B) $53,500,000 is for the operation and maintenance of the air interdiction program of the Service; and"(C) not to exceed $14,000,000 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."(2) No part of any sum that is appropriated under the authority of paragraph (1) may be used to close any port of entry at which, during fiscal year 1985-"(A) not less than 2,500 merchandise entries (including informal entries) were made; and"(B) not less than $1,500,000 in customs revenues were assessed."(3)(A) No part of any sum that is appropriated under the authority of paragraph (1) may be used for further research and development or acquisition of F-15 avionics for the P-3 aircraft and related equipment until 60 days after the Committee on Ways and Means and the Committee on Finance have received from the Secretary of the Treasury a written comparative assessment of the suitability of the P-3, E-2, or other appropriate aircraft for use by the Customs Service in its air drug interdiction program. Such assessment, which the Secretary may not submit to the Committees until the General Accounting Office study required under paragraph (7) is completed, shall include life cycle costs."(B) Acquisition of additional aircraft for use by the Customs Service for its air drug interdiction program after completion of the assessment required under subparagraph (A) shall be subject to competitive bidding through the use of the normal 'request for proposal' process."(4) No part of any sum that is appropriated under the authority of paragraph (1) may be used to consolidate the drawback liquidation centers within the Customs Service to less than 4 such centers. If a consolidation is undertaken, the Commissioner of Customs shall select the location of the centers after taking into account the drawback volume at, and the geographic dispersion of, the respective centers being considered for consolidation."(5) In addition to any sum authorized to be appropriated under paragraph (1), there are authorized to be appropriated to the Department of the Treasury for fiscal year 1986 not to exceed $8,000,000 from the Customs Forfeiture Fund for the making of payments under section 1613b of this title, of which not to exceed $5,000,000 may be used for the modification of aircraft (whether or not aircraft described in subsection (a)(5) of that section) for drug interdiction."(6) In addition to any other amounts authorized to be appropriated for the Customs Service for fiscal years 1987 and 1988, there are authorized to be appropriated $27,900,000 for each of such fiscal years to fund the additional personnel referred to in paragraph (1)(A)."(7) As soon as possible after April 7, 1986, but not later than 12 months after April 7, 1986, the General Accounting Office shall complete, and submit to the Committee on Ways and Means and the Committee on Finance, a study that evaluates the air detection and interdiction capability of the Customs Service, including assets, geographic dispersal, costs of operation, procurement 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) generally. Prior to amendment, subsec. (b) read as follows: "There are authorized to be appropriated to the Department 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 interdiction 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 subsecs. (f) and (g).1984-Subsec. (b). Pub. L. 98-573, §702(1), amended subsec. (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 subsec. (d) and redesignated former subsec. (d) as (e).1983- Pub. L. 97-456designated existing provisions as subsec. (a) and added subsecs. (b) to (d).
STATUTORY NOTES AND RELATED SUBSIDIARIES
CHANGE OF NAMEReference 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 AMENDMENTAmendment 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 preceding section 2271 of this title.
SPECIAL EFFECTIVE DATE RULE, 1986 AMENDMENTPub. 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 budget 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 identical 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 FUNCTIONSFor 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. For establishment of U.S. Customs and Border Protection in the Department of Homeland Security, treated as if included in Pub. L. 107-296 as of Nov. 25, 2002, see section 211 of Title 6, as amended generally 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, establishment, and implementation of the Automated Commercial Environment computer system and directed the Commissioner of Customs to prepare periodic 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.