                        TITLE 19--CUSTOMS DUTIES
 
                       CHAPTER 10--CUSTOMS SERVICE
 
Sec. 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, Sec. 1, 44 Stat. 1381; May 27, 1930, ch. 342, 
Sec. 8, 46 Stat. 430; Ex. Ord. No. 6639, Sec. 1a, Mar. 10, 1934; Pub. L. 
101-207, Sec. 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, Sec. 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, 
Sec. 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 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

    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, Secs. 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.
    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, Sec. 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.


               Extension of Pre-Clearance Program in Aruba

    Pub. L. 102-393, title VI, Sec. 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.''


   Reports Regarding Expansion of Customs Preclearance Operations and 
         Recovery for Damage Resulting From Customs Examinations

    Pub. L. 101-382, title I, Sec. 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, Sec. 233, Aug. 20, 1990, 104 Stat. 663, 
provided that:
    ``(a) Establishment of Program.--Subject to subsection (b), the 
Commissioner of Customs shall 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 
of Customs considers appropriate for testing the extent to which the 
availability of preclearance operations can assist in the development of 
tourism.
    ``(b) Restrictions Regarding Program.--
        ``(1) The Commissioner of Customs may not consider a country 
    within the Caribbean Basin to be appropriate for the testing 
    referred to in subsection (a) if preclearance operations are 
    currently carried out by the United States Customs Service in that 
    country.
        ``(2) Preclearance operations may not be commenced in the 
    country selected for testing under subsection (a) unless the 
    Commissioner of Customs and the Commissioner of Immigration and 
    Naturalization jointly certify that--
            ``(A) there exists a bilateral agreement between the United 
        States Government and the government of such country which 
        protects the interests of the United States and affords 
        diplomatic protection to United States employees working at the 
        preclearance location;
            ``(B) the facilities at the preclearance location conform to 
        Federal Inspection Services standards and are suitable for the 
        duties to be performed therein;
            ``(C) there is adequate security around the structure used 
        for the reception of international arrivals;
            ``(D) the government of such country grants the United 
        States Customs Service and the United States Immigration and 
        Naturalization Service appropriate search, seizure, and arrest 
        authority; and
            ``(E) United States employees and their families will not be 
        subject to fear of reprisal, acts of terrorism, and threats of 
        intimidation.
        ``(3) In determining the country in which to establish the 
    operation described in paragraph (1), the Commissioner of Customs 
    and the Commissioner of Immigration and Naturalization shall first 
    determine the viability of establishing such operations in either 
    Aruba or Jamaica. If the Commissioners determine, after full 
    consultation with the governments of such countries, that it is not 
    viable to establish pre-clearance operations in either Aruba or 
    Jamaica, they shall so report to the Committee on Finance of the 
    Senate and the Committee on Ways and Means of the House of 
    Representatives, including an explanation of how this determination 
    was reached. Such report shall be submitted to those Committees 
    within six months after the date of the enactment of this Act [Aug. 
    20, 1990]. Following the submission of such a report, the 
    Commissioners shall take all necessary steps, consistent with the 
    requirements of this section, to establish such operations in 
    another country.
    ``(c) Report.--As soon as practicable after September 30, 1992, the 
Commissioner of Customs shall submit to the Congress a report regarding 
the preclearance operations program carried out under subsection (a). 
The report shall include--
        ``(1) a summary of the preclearance operations, including the 
    number of individuals processed, any administrative problems 
    encountered, and cost of the operations;
        ``(2) an evaluation of the extent to which the preclearance 
    operations contributed to--
            ``(A) the stimulation of the tourism industry of the country 
        concerned, and
            ``(B) expedited customs processing at United States ports of 
        entry;
        ``(3) the opinion of the Commissioner of Customs regarding the 
    efficacy of extending preclearance operations to other countries 
    within the Caribbean Basin that are developing tourism industries, 
    and if the opinion is affirmative, the identity of those countries 
    to which such operations should be extended and the estimated costs 
    and results of such extensions; and
        ``(4) such other matters that the Commissioner of Customs 
    considers relevant.''


               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 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, Sec. 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, Sec. 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, Sec. 9503(d), Dec. 22, 1987, 101 Stat. 1330-382.

                  Section Referred to in Other Sections

    This section is referred to in section 2072 of this title; title 31 
section 308.
