# § 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** [^1]
Notwithstanding section 203(a)(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.
So in original. Probably should be section “203(1)”.
**(2)** **Statutes** 19 U.S.C. 120219 U.S.C. 3section 2 of the Act of March 4, 192319 U.S.C. 619 U.S.C. 58c19 U.S.C. 66section 1 of the Act of June 26, 193019 U.S.C. 6819 U.S.C. 81asection 1 of the Act of March 2, 191119 U.S.C. 19819 U.S.C. 210119 U.S.C. 270119 U.S.C. 320119 U.S.C. 3701
The provisions of law referred to in paragraph (1) are the following: the Tariff Act of 1930 [ et seq.]; section 249 of the Revised Statutes of the United States (); (); section 13031 of the Consolidated Omnibus Budget Reconciliation Act of 1985 (); section 251 of the Revised Statutes of the United States (); (); the Foreign Trade Zones Act ( et seq.); (); the Trade Act of 1974 [ 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 [ et seq.]; the Andean Trade Preference Act [ et seq.]; the African Growth and Opportunity Act [ 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** section 211 of this title
Notwithstanding any other provision of this chapter, the Secretary may not consolidate, discontinue, or diminish those functions described in paragraph (2) performed by U.S. Customs and Border Protection (as established under ) 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 personnel, and associated support staff, of U.S. Customs and Border Protection 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.
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**Source Credit**: (Pub. L. 107–296, title IV, § 412, Nov. 25, 2002, 116 Stat. 2179; Pub. L. 114–125, title VIII, § 802(g)(1)(B)(iii)(II), Feb. 24, 2016, 130 Stat. 211.)
## Editorial Notes
### References in Text
The effective date of this chapter, referred to in subsecs. (a)(1) and (b), is 60 days after , see , set out as an Effective Date note under .
This chapter, referred to in subsecs. (a)(1) and (b)(1), was in the original “this Act”, meaning , , , known as the Homeland Security Act of 2002, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under and Tables.
The Tariff Act of 1930, referred to in subsec. (a)(2), is , , which is classified generally to chapter 4 (§ 1202 et seq.) of Title 19, Customs Duties. For complete classification of this Act to the Code, see and Tables.
The Foreign Trade Zones Act, referred to in subsec. (a)(2), is , , which is classified generally to chapter 1A (§ 81a et seq.) of Title 19, Customs Duties. For complete classification of this Act to the Code, see Tables.
The Trade Act of 1974, referred to in subsec. (a)(2), is , , , which is classified principally to chapter 12 (§ 2101 et seq.) of Title 19, Customs Duties. For complete classification of this Act to the Code, see References in Text note set out under and Tables.
The Trade Agreements Act of 1979, referred to in subsec. (a)(2), is , , . For complete classification of this Act to the Code, see References in Text note set out under , Customs Duties, and Tables.
The North American Free Trade Area Implementation Act, referred to in subsec. (a)(2), probably means the North American Free Trade Agreement Implementation Act, , , . For complete classification of this Act to the Code, see Short Title note under , Customs Duties, and Tables.
The Uruguay Round Agreements Act, referred to in subsec. (a)(2), is , , . For complete classification of this Act to the Code, see Short Title note set out under , Customs Duties, and Tables.
The Caribbean Basin Economic Recovery Act, referred to in subsec. (a)(2), is title II of , , , which is classified principally to chapter 15 (§ 2701 et seq.) of Title 19, Customs Duties. For complete classification of this Act to the Code, see Short Title note set out under and Tables.
The Andean Trade Preference Act, referred to in subsec. (a)(2), is title II of , , , which is classified generally to chapter 20 (§ 3201 et seq.) of Title 19, Customs Duties. For complete classification of this Act to the Code, see Short Title note set out under and Tables.
The African Growth and Opportunity Act, referred to in subsec. (a)(2), is title I of , , , which is classified principally to chapter 23 (§ 3701 et seq.) of Title 19, Customs Duties. For complete classification of this Act to the Code, see Short Title note set out under and Tables.
### Amendments
2016—Subsec. (b). substituted “U.S. Customs and Border Protection” for “the United States Customs Service” in pars. (1) and (2).