---
kind: "section"
citation: "6 U.S.C. § 212"
title: "6"
title_heading: "Domestic Security"
number: "212"
heading: "Retention of Customs revenue functions by Secretary of the Treasury"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/6/212"
units:
  - "Chapter 1 — Homeland Security Organization"
  - "Subchapter IV — Border, Maritime, and Transportation Security"
  - "Part B — U.S. Customs and Border Protection"
---

# §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)](/usc/6/203.md)[^1] of this title, authority related to Customs revenue [functions](/usc/6/101.md?p=9) that was vested in the [Secretary](/usc/6/101.md?p=16) of the Treasury by law before the effective date of this chapter under those provisions of law set forth in [paragraph (2)](#a-2) shall not be transferred to the [Secretary](/usc/6/101.md?p=16) by reason of this chapter, and on and after the effective date of this chapter, the [Secretary](/usc/6/101.md?p=16) of the Treasury may delegate any such authority to the [Secretary](/usc/6/101.md?p=16) at the discretion of the [Secretary](/usc/6/101.md?p=16) of the Treasury. The [Secretary](/usc/6/101.md?p=16) of the Treasury shall consult with the [Secretary](/usc/6/101.md?p=16) regarding the exercise of any such authority not delegated to the [Secretary](/usc/6/101.md?p=16).
  - (2) **Statutes—** The provisions of law referred to in [paragraph (1)](#a-1) are the following: the Tariff Act of 1930 [[19 U.S.C. 1202](/usc/19/1202.md) et seq.]; section 249 of the Revised Statutes of the [United States](/usc/6/101.md?p=19-A) ([19 U.S.C. 3](/usc/19/3.md)); section 2 of the Act of March 4, 1923 ([19 U.S.C. 6](/usc/19/6.md)); section 13031 of the Consolidated Omnibus Budget Reconciliation Act of 1985 ([19 U.S.C. 58c](/usc/19/58c.md)); section 251 of the Revised Statutes of the [United States](/usc/6/101.md?p=19-A) ([19 U.S.C. 66](/usc/19/66.md)); section 1 of the Act of June 26, 1930 ([19 U.S.C. 68](/usc/19/68.md)); the Foreign Trade Zones Act ([19 U.S.C. 81a](/usc/19/81a.md) et seq.); section 1 of the Act of March 2, 1911 ([19 U.S.C. 198](/usc/19/198.md)); the Trade Act of 1974 [[19 U.S.C. 2101](/usc/19/2101.md) 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](/usc/19/2701.md) et seq.]; the Andean Trade Preference Act [[19 U.S.C. 3201](/usc/19/3201.md) et seq.]; the African Growth and Opportunity Act [[19 U.S.C. 3701](/usc/19/3701.md) et seq.]; and any other provision of law vesting customs revenue [functions](/usc/6/101.md?p=9) in the [Secretary](/usc/6/101.md?p=16) of the Treasury.
- (b) **Maintenance of Customs revenue functions—**
  - (1) **Maintenance of functions—** Notwithstanding any other provision of this chapter, the [Secretary](/usc/6/101.md?p=16) may not consolidate, discontinue, or diminish those [functions](/usc/6/101.md?p=9) described in [paragraph (2)](#b-2) performed by U.S. Customs and Border Protection (as established under [section 211 of this title](/usc/6/211.md)) on or after the effective date of this chapter, reduce the staffing level, or reduce the resources attributable to such [functions](/usc/6/101.md?p=9), and the [Secretary](/usc/6/101.md?p=16) shall ensure that an appropriate management structure is implemented to carry out such [functions](/usc/6/101.md?p=9).
  - (2) **Functions—** The [functions](/usc/6/101.md?p=9) referred to in [paragraph (1)](#b-1) are those [functions](/usc/6/101.md?p=9) performed by the following [personnel](/usc/6/101.md?p=15), 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](/usc/6/101.md?p=16) of the Treasury is authorized to appoint up to 20 new [personnel](/usc/6/101.md?p=15) to work with [personnel](/usc/6/101.md?p=15) of the [Department](/usc/6/101.md?p=5) in performing customs revenue [functions](/usc/6/101.md?p=9).

## Footnotes

[^1]: So in original. Probably should be section “203(1)”.

## 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.)

## Notes

### Editorial Notes

### 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 Pub. L. 107–296, set out as an Effective Date note under section 101 of this title.

This chapter, referred to in subsecs. (a)(1) and (b)(1), was in the original “this Act”, meaning Pub. L. 107–296, Nov. 25, 2002, 116 Stat. 2135, 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 section 101 of this title and Tables.

The Tariff Act of 1930, referred to in subsec. (a)(2), is act June 17, 1930, ch. 497, 46 Stat. 590, 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 section 1654 of Title 19 and Tables.

The Foreign Trade Zones Act, referred to in subsec. (a)(2), is act June 18, 1934, ch. 590, 48 Stat. 998, 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 Pub. L. 93–618, Jan. 3, 1975, 88 Stat. 1978, 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 section 2101 of Title 19 and Tables.

The Trade Agreements Act of 1979, referred to in subsec. (a)(2), is Pub. L. 96–39, July 26, 1979, 93 Stat. 144. For complete classification of this Act to the Code, see References in Text note set out under section 2501 of Title 19, 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, Pub. L. 103–182, Dec. 8, 1993, 107 Stat. 2057. For complete classification of this Act to the Code, see Short Title note under section 3301 of Title 19, Customs Duties, and Tables.

The Uruguay Round Agreements Act, referred to in subsec. (a)(2), is Pub. L. 103–465, Dec. 8, 1994, 108 Stat. 4809. For complete classification of this Act to the Code, see Short Title note set out under section 3501 of Title 19, Customs Duties, and Tables.

The Caribbean Basin Economic Recovery Act, referred to in subsec. (a)(2), is title II of Pub. L. 98–67, Aug. 5, 1983, 97 Stat. 384, 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 section 2701 of Title 19 and Tables.

The Andean Trade Preference Act, referred to in subsec. (a)(2), is title II of Pub. L. 102–182, Dec. 4, 1991, 105 Stat. 1236, 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 section 3201 of Title 19 and Tables.

The African Growth and Opportunity Act, referred to in subsec. (a)(2), is title I of Pub. L. 106–200, May 18, 2000, 114 Stat. 252, 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 section 3701 of Title 19 and Tables.

### Amendments

2016—Subsec. (b). Pub. L. 114–125 substituted “U.S. Customs and Border Protection” for “the United States Customs Service” in pars. (1) and (2).