TREASURY
DEPARTMENT 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.
TREASURY DEPARTMENT
Sunset Review:
Whereas the Homeland Security Act of 2002 (Pub. L. 107-296) (the "Act") was enacted into law on
Whereas
the Act transfers the United States Customs Service from the Treasury
Department to a new Department of Homeland Security, and, under the President's
Reorganization Plan submitted to the Congress, this becomes effective
Whereas
the Act requires that legal authority over the Customs revenue functions vested
in the Secretary of the Treasury shall be retained, but may be delegated to the
Secretary of Homeland Security in whole or in part;
Whereas the
Treasury Department is studying the proper allocation of these authorities and
consulting with the Administration and Congress in that regard;
Whereas
the pre-existing Treasury Order 165, as amended ("Treasury Order
165"), has provided the Commissioner of Customs a delegation of authority
from the Secretary of the Treasury for Customs functions;
Whereas
the United States Customs Service relies on delegated authority
for important aspects of its functions and operations;
Now
therefore, in order to preserve the ability of the Department of
Homeland Security to continue to perform the functions of the Customs Service
and to provide adequate time for a considered decision on any new delegation, I
hereby order that, with respect to authority over Customs revenue functions,
Treasury Order 165 remains in effect except that the authority previously
delegated to the Commissioner of Customs as an official of the Department
of Treasury is now delegated to the Secretary of Homeland Security.
Treasury shall retain the same authority delineated in Treasury Order 165 that
it possessed prior to the transfer of the Customs Service to the
Department of Homeland Security. Consistent with past interpretation
and practice, I note that the use of the term "transferred" with
respect to certain authority delegated in Treasury Order 165 shall continue to
be understood to effect only a delegation.
/S/
John W. Snow
Secretary of the Treasury