[Federal Register Volume 68, Number 100 (Friday, May 23, 2003)]
[Notices]
[Pages 28322-28323]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-13152]


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DEPARTMENT OF THE TREASURY


Delegation of Authority to the Secretary of Homeland Security

AGENCY: Departmental Offices, Treasury.

ACTION: Notice.

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DATES: Treasury Department Order 100-16 became effective on May 15, 
2003.
SUMMARY: On May 15, 2003, the Secretary of the Treasury issued Treasury 
Department Order 100-16. The Order allocates authorities between 
Treasury and Homeland Security concerning Customs regulations, rulings, 
and other matters. It delegates to the Secretary of Homeland Security 
general authority over Customs revenue functions vested in the 
Secretary of the Treasury pursuant to the Homeland Security Act of 
2002, subject to certain exceptions. Under the Order, the Secretary of 
the Treasury retains the final authority over regulations concerning 
specified Customs revenue functions, and the authority to review, 
modify, or revoke specified determinations or rulings. The Order also 
specifies that the Advisory Committee on the Commercial Operations of 
Customs (COAC) will be administered jointly by the Departments of 
Treasury and Homeland Security. The Order rescinds and supplants 
Treasury Department Order 165-09 (February 28, 2003), which delegated 
to the Department of Homeland Security authority to perform specified 
Customs revenue functions pending the issuance of this Order.

SUPPLEMENTARY INFORMATION: The text of Treasury Department Order 100-16 
is printed below.

    Dated: May 19, 2003.
Richard S. Carro,
Senior Advisor to the General Counsel, (Regulatory Affairs).

Treasury Department Order No. 100-16

    Delegation from the Secretary of the Treasury to the Secretary 
of Homeland Security of general authority over Customs revenue 
functions vested in the Secretary of the Treasury as set forth in 
the Homeland Security Act of 2002.

Treasury Department

Washington, DC.
May 15, 2003.
    By virtue of the authority vested in me as the Secretary of the 
Treasury, including the authority vested by 31 U.S.C. 321(b) and 
section 412 of the Homeland Security Act of 2002 (Pub. L. 107-296) 
(Act), it is hereby ordered:
    1. Consistent with the transfer of the functions, personnel, 
assets, and liabilities of the United States Customs Service to the 
Department of Homeland Security as set forth in section 403(l) of 
the Act, there is hereby delegated to the Secretary of Homeland 
Security the authority related to the Customs revenue functions 
vested in the Secretary of the Treasury as set forth in sections 412 
and 415 of the Act, subject to the following exceptions and to 
paragraph 6 of this Delegation of Authority:
    (a)(i) The Secretary of the Treasury retains the sole authority 
to approve any regulations concerning import quotas or trade bans, 
user

[[Page 28323]]

fees, marking, labeling, copyright and trademark enforcement, and 
the completion of entry or substance of entry summary including duty 
assessment and collection, classification, valuation, application of 
the U.S. Harmonized Tariff Schedules, eligibility or requirements 
for preferential trade programs, and the establishment of 
recordkeeping requirements relating thereto. The Secretary of 
Homeland Security shall provide a copy of all regulations so 
approved to the Chairman and Ranking Member of the Committee on Ways 
and Means and the Chairman and Ranking Member of the Committee on 
Finance every six months.
    (ii) The Secretary of the Treasury shall retain the authority to 
review, modify, or revoke any determination or ruling that falls 
within the criteria set forth in paragraph 1(a)(i), and that is 
under consideration pursuant to the procedures set forth in sections 
516 and 625(c) of the Tariff Act of 1930, as amended (19 U.S.C. 1516 
and 1625(c)). The Secretary of Homeland Security periodically shall 
identify and describe for the Secretary of the Treasury such 
determinations and rulings that are under consideration under 
sections 516 and 625(c) of the Tariff Act of 1930, as amended, in an 
appropriate and timely manner, with consultation as necessary, prior 
to the Secretary of Homeland Security's exercise of such authority. 
The Secretary of Homeland Security shall provide a copy of these 
identifications and descriptions so made to the Chairman and Ranking 
Member of the Committee on Ways and Means and the Chairman and 
Ranking Member of the Committee on Finance every six months. The 
Secretary of the Treasury shall list any case where Treasury 
modified or revoked such a determination or ruling.
    (b) Paragraph 1(a) notwithstanding, if the Secretary of Homeland 
Security finds an overriding, immediate, and extraordinary security 
threat to public health and safety, the Secretary of Homeland 
Security may take action described in paragraph 1(a) without the 
prior approval of the Secretary of the Treasury. However, 
immediately after taking any such action, the Secretary of Homeland 
Security shall certify in writing to the Secretary of the Treasury 
and to the Chairman and Ranking Member of the Committee on Ways and 
Means and the Chairman and Ranking Member of the Committee on 
Finance the specific reasons therefor. The action shall terminate 
within 14 days or as long as the overriding, immediate, and 
extraordinary security threat exists, whichever is shorter, unless 
the Secretary of the Treasury approves the continued action and 
provides notice of such approval to the Secretary of Homeland 
Security.
    (c) The Advisory Committee on Commercial Operations of the 
Customs Service (COAC) shall be jointly appointed by the Secretary 
of the Treasury and the Secretary of Homeland Security. Meetings of 
COAC shall be presided over jointly by the Secretary of the Treasury 
and the Secretary of Homeland Security. The COAC shall advise the 
Secretary of the Treasury and the Secretary of Homeland Security 
jointly.
    2. Any references in this Delegation of Authority to the 
Secretary of the Treasury or the Secretary of Homeland Security are 
deemed to include their respective delegees, if any.
    3. This Delegation of Authority is not intended to create or 
confer any right, privilege, or benefit on any private person, 
including any person in litigation with the United States.
    4. Treasury Order No. 165-09, ``Maintenance of delegation in 
respect to general authority over Customs Revenue functions vested 
in the Secretary of the Treasury, as set forth and defined in the 
Homeland Security Act of 2002,'' dated February 28, 2003, is 
rescinded. To the extent this Delegation of Authority requires any 
revocation of any other prior Order or Directive of the Secretary of 
the Treasury, such prior Order or Directive is hereby revoked.
    5. This Delegation of Authority is effective May 15, 2003. This 
Delegation is subject to review on May 14, 2004. By March 15, 2004, 
the Secretary of the Treasury and the Secretary of Homeland Security 
shall consult with the Chairman and Ranking Member of the Committee 
on Ways and Means and the Chairman and Ranking Member of the 
Committee on Finance to discuss the upcoming review of this 
Delegation.
    6. The Secretary of the Treasury reserves the right to rescind 
or modify this Delegation of Authority, promulgate regulations, or 
exercise authority at any time based upon the statutory authority 
reserved to the Secretary by the Act.

John W. Snow,
Secretary of the Treasury.

[FR Doc. 03-13152 Filed 5-22-03; 8:45 am]
BILLING CODE 4810-25-P