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
(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).
(
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
Codification
Section is comprised of section 411 of
Change of Name
Customs Service, referred to in subsecs. (a) and (b)(1), changed to Bureau of Customs and Border Protection 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
Border Jobs for Veterans
"SECTION 1. SHORT TITLE.
"This Act may be cited as the 'Border Jobs for Veterans Act of 2015'.
"SEC. 2. FINDINGS.
"Congress finds the following:
"(1) Customs and Border Protection officers at United States ports of entry carry out critical law enforcement duties associated with screening foreign visitors, returning United States citizens, and imported cargo entering the United States.
"(2) It is in the national interest for United States ports of entry to be adequately staffed with Customs and Border Protection officers in a timely fashion, including meeting the congressionally funded staffing target of 23,775 officers for fiscal year 2015.
"(3) An estimated 250,000 to 300,000 members of the Armed Forces separate from military service every year.
"(4) Recruiting efforts and expedited hiring procedures must be enhanced to ensure that individuals separating from military service are aware of, and partake in, opportunities to fill vacant Customs and Border Protection officer positions.
"SEC. 3. EXPEDITED HIRING OF APPROPRIATE SEPARATING SERVICE MEMBERS.
"The Secretary of Homeland Security shall consider the expedited hiring of qualified candidates who have the ability to perform the essential functions of the position of a Customs and Border Protection officer and who are eligible for a veterans recruitment appointment authorized under
"SEC. 4. ENHANCEMENTS TO EXISTING PROGRAMS TO RECRUIT SERVICE MEMBERS SEPARATING FROM MILITARY SERVICE FOR CUSTOMS AND BORDER PROTECTION OFFICER VACANCIES.
"(a)
"(b)
"(1) include Customs and Border Protection officer opportunities in relevant job assistance efforts under the Transition Assistance Program;
"(2) place U.S. Customs and Border Protection officials or other relevant Department of Homeland Security officials at recruiting events and jobs fairs involving members of the Armed Forces who are separating from military service;
"(3) provide opportunities for local U.S. Customs and Border Protection field offices to partner with military bases in the region;
"(4) include outreach efforts to educate members of the Armed Forces with Military Occupational Specialty Codes and Officer Branches, Air Force Specialty Codes, Naval Enlisted Classifications and Officer Designators, and Coast Guard competencies that are transferable to the requirements, qualifications, and duties assigned to Customs and Border Protection officers of available hiring opportunities to become Customs and Border Protection officers;
"(5) identify shared activities and opportunities for reciprocity related to steps in hiring Customs and Border Protection officers with the goal of minimizing the time required to hire qualified applicants;
"(6) ensure the streamlined interagency transfer of relevant background investigations and security clearances; and
"(7) include such other elements as may be necessary to ensure that members of the Armed Forces who are separating from military service are aware of opportunities to fill vacant Customs and Border Protection officer positions.
"SEC. 5. REPORT TO CONGRESS.
"(a)
"(b)
"(1) a detailed description of the efforts to implement section 4, including—
"(A) elements of the enhanced recruiting efforts and the goals associated with such elements; and
"(B) a description of how the elements and goals referred to in subparagraph (A) will assist in meeting statutorily mandated staffing levels and agency hiring benchmarks;
"(2) a detailed description of the efforts that have been undertaken under section 4;
"(3) the estimated number of separating service members made aware of Customs and Border Protection officer vacancies;
"(4) the number of Customs and Border Protection officer vacancies filled with separating service members; and
"(5) the number of Customs and Border Protection officer vacancies filled with separating service members under Veterans Recruitment Appointment authorized under
"SEC. 6. RULES OF CONSTRUCTION.
"Nothing in this Act may be construed—
"(1) as superseding, altering, or amending existing Federal veterans' hiring preferences or Federal hiring authorities; or
"(2) to authorize the appropriation of additional amounts to carry out this Act."
Port of Entry Partnership Pilot Program
"(a)
"(b)
"(c)
"(d)
"(1)
"(2)
"(A) Selection and evaluation of potential partners.
"(B) Identification and documentation of roles and responsibilities between U.S. Customs and Border Protection, General Services Administration, and private and government partners.
"(C) Identification, allocation, and management of explicit and implicit risks of partnering between U.S. Customs and Border Protection, General Services Administration, and private and government partners.
"(D) Decision-making and dispute resolution processes in partnering arrangements.
"(E) Criteria and processes for U.S. Customs and Border Protection and General Services Administration to terminate agreements if private or government partners are not meeting the terms of such a partnership, including the security standards established by U.S. Customs and Border Protection.
"(3)
"(A) Well-defined, clear, and measurable objectives.
"(B) Performance criteria or standards for determining the performance of such pilot program.
"(C) Clearly articulated evaluation methodology, including—
"(i) sound sampling methods;
"(ii) a determination of appropriate sample size for the evaluation design;
"(iii) a strategy for tracking such pilot program's performance; and
"(iv) an evaluation of the final results.
"(D) A plan detailing the type and source of data necessary to evaluate such pilot program, methods for data collection, and the timing and frequency of data collection.
"(e)
"(1)
"(A) U.S. Customs and Border Protection will provide services described in paragraph (2) at a port of entry;
"(B) such entity will pay a fee imposed under paragraph (4) to reimburse U.S. Customs and Border Protection for the costs incurred in providing such services; and
"(C) each facility at which U.S. Customs and Border Protection services are performed shall be provided, maintained, and equipped by such entity, without cost to the Federal Government, in accordance with U.S. Customs and Border Protection specifications.
"(2)
"(3)
"(A)
"(B)
"(C) The authority found in this subsection may not be used to enter into new preclearance agreements or begin to provide U.S. Customs and Border Protection services outside of the United States.
"(D) The authority found in this subsection shall be limited with respect to U.S. Customs and Border Protection-serviced air ports of entry to 10 pilots per year.
"(4)
"(A)
"(B)
"(i) A determination and report on the full costs of providing services, including direct and indirect costs, including a process for increasing such fees as necessary.
"(ii) Establishment of a monthly remittance schedule to reimburse appropriations.
"(iii) Identification of overtime costs to be reimbursed by such fees.
"(5)
"(6)
"(7)
"(f)
"(1)
"(2)
"(A) use such donation for necessary activities related to the construction, alteration, operation, or maintenance of an existing port of entry facility under the jurisdiction, custody, and control of the Commissioner, including expenses related to—
"(i) land acquisition, design, construction, repair and alteration;
"(ii) furniture, fixtures, and equipment;
"(iii) the deployment of technology and equipment; and
"(iv) operations and maintenance; or
"(B) transfer such property or services to the Administrator for necessary activities described in subparagraph (A) related to a new or existing port of entry under the jurisdiction, custody, and control of the Administrator, subject to
"(3)
"(A)
"(i) consult with the appropriate stakeholders and the private sector or government entity that is providing the donation and provide such entity with a description of the intended use of such donation; and
"(ii) submit to the Committee on Appropriations, the Committee on Homeland Security, and the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Appropriations, the Committee on Homeland Security and Governmental Affairs, and the Committee on Environment and Public Works of the Senate a report not later than one year after the date of enactment of this Act [Jan. 17, 2014], and annually thereafter, that describes—
"(I) the accepted donations received under this subsection;
"(II) the ports of entry that received such donations; and
"(III) how each donation helped facilitate the construction, alternation [sic], operation, or maintenance of a new or existing land port of entry.
"(B)
"(i) create any right or liability of the parties referred to in subparagraph (A); or
"(ii) affect any consultation requirement under any other law.
"(4)
"(5)
"(A) the impact of such proposal on the port of entry at issue and other ports of entry on the same border;
"(B) the potential of such proposal to increase trade and travel efficiency through added capacity;
"(C) the potential of such proposal to enhance the security of the port of entry at issue;
"(D) the funding available to complete the intended use of a donation under this subsection, if such donation is real property;
"(E) the costs of maintaining and operating such donation;
"(F) whether such donation, if real property, satisfies the requirements of such proposal, or whether additional real property would be required;
"(G) an explanation of how such donation, if real property, was secured, including if eminent domain was used;
"(H) the impact of such proposal on staffing requirements; and
"(I) other factors that the Commissioner or Administrator determines to be relevant.
"(6)
"(A) the port of entry facility or facilities to be benefitted from such donation; and
"(B) the timeframe during which such donation shall be used.
"(7)
"(8)
"(9)
"(g)
"(h)
"(1) the term 'private sector entity' means any corporation, partnership, trust, association, or any other private entity, or any officer, employee, or agent thereof;
"(2) the term 'Commissioner' means the Commissioner of U.S. Customs and Border Protection; and
"(3) the term 'Administrator' means the Administrator of General Services.
"(i)
[
[
Reducing Passenger Processing Times
"(a) The Commissioner of U.S. Customs and Border Protection shall develop metrics that support a goal of reducing passenger processing times at air, land, and sea ports of entry, taking into consideration the capacity of an air or land port's physical infrastructure, airline arrival schedules, peak processing periods, and security requirements.
"(b) Not later than 240 days after the date of enactment of this Act [Jan. 17, 2014], the Commissioner of U.S. Customs and Border Protection shall develop and implement operational work plans to meet the goals of subsection (a) at United States air, land, and sea ports with the highest passenger volume and longest wait times. In developing such plans, the Commissioner of U.S. Customs and Border Protection shall consult with appropriate stakeholders, including, but not limited to, airlines and airport operators, port authorities, and importers."
§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 [
(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
(2) Functions
The functions referred to in paragraph (1) are those functions performed by the following personnel, and associated support staff, of the United States Customs Service on the day before the effective date of this chapter: Import Specialists, Entry Specialists, Drawback Specialists, National Import Specialist, Fines and Penalties Specialists, attorneys of the Office of Regulations and Rulings, Customs Auditors, International Trade Specialists, Financial Systems Specialists.
(c) New personnel
The Secretary of the Treasury is authorized to appoint up to 20 new personnel to work with personnel of the Department in performing customs revenue functions.
(
References in Text
The effective date of this chapter, referred to in subsecs. (a)(1) and (b), is 60 days after Nov. 25, 2002, see section 4 of
This chapter, referred to in subsecs. (a)(1) and (b)(1), was in the original "this Act", meaning
The Tariff Act of 1930, referred to in subsec. (a)(2), is act June 17, 1930, ch. 497,
The Foreign Trade Zones Act, referred to in subsec. (a)(2), is act June 18, 1934, ch. 590,
The Trade Act of 1974, referred to in subsec. (a)(2), is
The Trade Agreements Act of 1979, referred to in subsec. (a)(2), is
The North American Free Trade Area Implementation Act, referred to in subsec. (a)(2), probably means the North American Free Trade Agreement Implementation Act,
The Uruguay Round Agreements Act, referred to in subsec. (a)(2), is
The Caribbean Basin Economic Recovery Act, referred to in subsec. (a)(2), is title II of
The Andean Trade Preference Act, referred to in subsec. (a)(2), is title II of
The African Growth and Opportunity Act, referred to in subsec. (a)(2), is title I of
Change of Name
Customs Service, referred to in subsec. (b), changed to Bureau of Customs and Border Protection 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
1 So in original. Probably should be section "203(1)".
§213. Preservation of Customs funds
Notwithstanding any other provision of this chapter, no funds available to the United States Customs Service or collected under paragraphs (1) through (8) of
(
References in Text
This chapter, referred to in text, was in the original "this Act", meaning
Change of Name
Customs Service, referred to in text, changed to Bureau of Customs and Border Protection 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
§214. Separate budget request for Customs
The President shall include in each budget transmitted to Congress under
(
Change of Name
Customs Service, referred to in text, changed to Bureau of Customs and Border Protection 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
Land Border Projects
Similar provisions were contained in the following prior appropriation acts:
§215. Definition
In this part, the term "customs revenue function" means the following:
(1) Assessing and collecting customs duties (including antidumping and countervailing duties and duties imposed under safeguard provisions), excise taxes, fees, and penalties due on imported merchandise, including classifying and valuing merchandise for purposes of such assessment.
(2) Processing and denial of entry of persons, baggage, cargo, and mail, with respect to the assessment and collection of import duties.
(3) Detecting and apprehending persons engaged in fraudulent practices designed to circumvent the customs laws of the United States.
(4) Enforcing
(5) Collecting accurate import data for compilation of international trade statistics.
(6) Enforcing reciprocal trade agreements.
(7) Functions performed by the following personnel, and associated support staff, of the United States Customs Service on the day before the effective date of this chapter: Import Specialists, Entry Specialists, Drawback Specialists, National Import Specialist, Fines and Penalties Specialists, attorneys of the Office of Regulations and Rulings, Customs Auditors, International Trade Specialists, Financial Systems Specialists.
(8) Functions performed by the following offices, with respect to any function described in any of paragraphs (1) through (7), and associated support staff, of the United States Customs Service on the day before the effective date of this chapter: the Office of Information and Technology, the Office of Laboratory Services, the Office of the Chief Counsel, the Office of Congressional Affairs, the Office of International Affairs, and the Office of Training and Development.
(
References in Text
This part, referred to in text, was in the original "this subtitle", meaning subtitle B (§§411–419) of title IV of
The effective date of this chapter, referred to in pars. (7) and (8), is 60 days after Nov. 25, 2002, see section 4 of
§216. GAO report to Congress
Not later than 3 months after the effective date of this chapter, the Comptroller General of the United States shall submit to Congress a report that sets forth all trade functions performed by the executive branch, specifying each agency that performs each such function.
(
References in Text
The effective date of this chapter, referred to in text, is 60 days after Nov. 25, 2002, see section 4 of
§217. Allocation of resources by the Secretary
(a) In general
The Secretary shall ensure that adequate staffing is provided to assure that levels of customs revenue services provided on the day before the effective date of this chapter shall continue to be provided.
(b) Notification of Congress
The Secretary shall notify the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate at least 90 days prior to taking any action which would—
(1) result in any significant reduction in customs revenue services, including hours of operation, provided at any office within the Department or any port of entry;
(2) eliminate or relocate any office of the Department which provides customs revenue services; or
(3) eliminate any port of entry.
(c) Definition
In this section, the term "customs revenue services" means those customs revenue functions described in paragraphs (1) through (6) and paragraph (8) of
(
References in Text
The effective date of this chapter, referred to in subsec. (a), is 60 days after Nov. 25, 2002, see section 4 of
§218. Reports to Congress
(a) Continuing reports
The United States Customs Service shall, on and after the effective date of this chapter, continue to submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate any report required, on the day before such the 1 effective date of this chapter, to be so submitted under any provision of law.
(b) Report on conforming amendments
Not later than 60 days after November 25, 2002, the Secretary of the Treasury shall submit a report to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives of proposed conforming amendments to the statutes set forth under
(
References in Text
The effective date of this chapter and the effective date of this section, referred to in text, is 60 days after Nov. 25, 2002, see section 4 of
Change of Name
Customs Service, referred to in subsec. (a), changed to Bureau of Customs and Border Protection 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
§220. Methamphetamine and methamphetamine precursor chemicals
(a) Compliance with performance plan requirements
As part of the annual performance plan required in the budget submission of the United States Customs and Border Protection under
(b) Study and report relating to methamphetamine and methamphetamine precursor chemicals
(1) Analysis
The Commissioner shall, on an ongoing basis, analyze the movement of methamphetamine and methamphetamine precursor chemicals into the United States. In conducting the analysis, the Commissioner shall—
(A) consider the entry of methamphetamine and methamphetamine precursor chemicals through ports of entry, between ports of entry, through international mails, and through international courier services;
(B) examine the export procedures of each foreign country where the shipments of methamphetamine and methamphetamine precursor chemicals originate and determine if changes in the country's customs over time provisions would alleviate the export of methamphetamine and methamphetamine precursor chemicals; and
(C) identify emerging trends in smuggling techniques and strategies.
(2) Report
Not later than September 30, 2007, and each 2-year period thereafter, the Commissioner, in the consultation with the Attorney General, United States Immigration and Customs Enforcement, the United States Drug Enforcement Administration, and the United States Department of State, shall submit a report to the Committee on Finance of the Senate, the Committee on Foreign Relations of the Senate, the Committee on the Judiciary of the Senate, the Committee on Ways and Means of the House of Representatives, the Committee on International Relations of the House of Representatives, and the Committee on the Judiciary of the House of Representatives, that includes—
(A) a comprehensive summary of the analysis described in paragraph (1); and
(B) a description of how the Untied 1 States Customs and Border Protection utilized the analysis described in paragraph (1) to target shipments presenting a high risk for smuggling or circumvention of the Combat Methamphetamine Epidemic Act of 2005 (
(3) Availability of analysis
The Commissioner shall ensure that the analysis described in paragraph (1) is made available in a timely manner to the Secretary of State to facilitate the Secretary in fulfilling the Secretary's reporting requirements in section 722 of the Combat Methamphetamine Epidemic Act of 2005.
(c) Definition
In this section, the term "methamphetamine precursor chemicals" means the chemicals ephedrine, pseudoephedrine, or phenylpropanolamine, including each of the salts, optical isomers, and salts of optical isomers of such chemicals.
(
References in Text
The Combat Methamphetamine Epidemic Act of 2005, referred to in subsec. (b)(2)(B), is
Codification
Section was enacted as part of the Security and Accountability For Every Port Act of 2006, also known as the SAFE Port Act, and not as part of the Homeland Security Act of 2002 which comprises this chapter.
Change of Name
Committee on International Relations of House of Representatives changed to Committee on Foreign Affairs of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.
Definitions
For definition of "Commissioner" as used in this section, see
§221. Requirements with respect to administering polygraph examinations to law enforcement personnel of U.S. Customs and Border Protection
The Secretary of Homeland Security shall ensure that—
(1) by not later than 2 years after January 4, 2011, all applicants for law enforcement positions with U.S. Customs and Border Protection receive polygraph examinations before being hired for such a position; and
(2) by not later than 180 days after January 4, 2011, U.S. Customs and Border Protection initiates all periodic background reinvestigations for all law enforcement personnel of U.S. Customs and Border Protection that should receive periodic background reinvestigations pursuant to relevant policies of U.S. Customs and Border Protection in effect on the day before January 4, 2011.
(
Codification
Section was enacted as part of the Anti-Border Corruption Act of 2010, and not as part of the Homeland Security Act of 2002 which comprises this chapter.
Findings
"(1) According to the Office of the Inspector General of the Department of Homeland Security, since 2003, 129 U.S. Customs and Border Protection officials have been arrested on corruption charges and, during 2009, 576 investigations were opened on allegations of improper conduct by U.S. Customs and Border Protection officials.
"(2) To foster integrity in the workplace, established policy of U.S. Customs and Border Protection calls for—
"(A) all job applicants for law enforcement positions at U.S. Customs and Border Protection to receive a polygraph examination and a background investigation before being offered employment; and
"(B) relevant employees to receive a periodic background reinvestigation every 5 years.
"(3) According to the Office of Internal Affairs of U.S. Customs and Border Protection—
"(A) in 2009, less than 15 percent of applicants for jobs with U.S. Customs and Border Protection received polygraph examinations;
"(B) as of March 2010, U.S. Customs and Border Protection had a backlog of approximately 10,000 periodic background reinvestigations of existing employees; and
"(C) without additional resources, by the end of fiscal year 2010, the backlog of periodic background reinvestigations will increase to approximately 19,000."
§222. Advanced Training Center Revolving Fund
For fiscal year 2012 and thereafter, U.S. Customs and Border Protection's Advanced Training Center is authorized to charge fees for any service and/or thing of value it provides to Federal Government or non-government entities or individuals, so long as the fees charged do not exceed the full costs associated with the service or thing of value provided: Provided, That notwithstanding
(
Codification
Section was enacted as part of the Department of Homeland Security Appropriations Act, 2012, and also as part of the Consolidated Appropriations Act, 2012, and not as part of the Homeland Security Act of 2002 which comprises this chapter.