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[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 19USC1318]

 
                        TITLE 19--CUSTOMS DUTIES
 
                      CHAPTER 4--TARIFF ACT OF 1930
 
                     SUBTITLE II--SPECIAL PROVISIONS
 
                          Part I--Miscellaneous
 
Sec. 1318. Emergencies

    (a) Whenever the President shall by proclamation declare an 
emergency to exist by reason of a state of war, or otherwise, he may 
authorize the Secretary of the Treasury to extend during the continuance 
of such emergency the time herein prescribed for the performance of any 
act, and may authorize the Secretary of the Treasury to permit, under 
such regulations as the Secretary of the Treasury may prescribe, the 
importation free of duty of food, clothing, and medical, surgical, and 
other supplies for use in emergency relief work. The Secretary of the 
Treasury shall report to the Congress any action taken under the 
provisions of this section.
    (b)(1) Notwithstanding any other provision of law, the Secretary of 
the Treasury, when necessary to respond to a national emergency declared 
under the National Emergencies Act (50 U.S.C. 1601 et seq.) or to a 
specific threat to human life or national interests, is authorized to 
take the following actions on a temporary basis:
        (A) Eliminate, consolidate, or relocate any office or port of 
    entry of the Customs Service.
        (B) Modify hours of service, alter services rendered at any 
    location, or reduce the number of employees at any location.
        (C) Take any other action that may be necessary to respond 
    directly to the national emergency or specific threat.

    (2) Notwithstanding any other provision of law, the Commissioner of 
Customs, when necessary to respond to a specific threat to human life or 
national interests, is authorized to close temporarily any Customs 
office or port of entry or take any other lesser action that may be 
necessary to respond to the specific threat.
    (3) The Secretary of the Treasury or the Commissioner of Customs, as 
the case may be, shall notify the Committee on Ways and Means of the 
House of Representatives and the Committee on Finance of the Senate not 
later than 72 hours after taking any action under paragraph (1) or (2).

(June 17, 1930, ch. 497, title III, Sec. 318, 46 Stat. 696; Pub. L. 107-
210, div. A, title III, Sec. 342, Aug. 6, 2002, 116 Stat. 981.)

                       References in Text

    The National Emergencies Act, referred to in subsec. (b)(1), is Pub. 
L. 94-412, Sept. 14, 1976, 90 Stat. 1255, as amended, which is 
classified principally to chapter 34 (Sec. 1601 et seq.) of Title 50, 
War and National Defense. For complete classification of this Act to the 
Code, see Short Title note set out under section 1601 of Title 50 and 
Tables.


                            Prior Provisions

    Provisions similar to those in subsec. (a) of this section were 
contained in act Sept. 21, 1922, ch. 356, title IV, Sec. 622, 42 Stat. 
988, which was superseded by section 318 of the Tariff Act of 1930, 
comprising this section, and repealed by section 651(a)(1) of said 1930 
Act.


                               Amendments

    2002--Pub. L. 107-210 designated existing provisions as subsec. (a) 
and added subsec. (b).

                          Transfer of Functions

    For transfer of functions, personnel, assets, and liabilities of the 
United States Customs Service of the Department of the Treasury, 
including functions of the Secretary of the Treasury relating thereto, 
to the Secretary of Homeland Security, and for treatment of related 
references, see sections 203(1), 551(d), 552(d), and 557 of Title 6, 
Domestic Security, and the Department of Homeland Security 
Reorganization Plan of November 25, 2002, as modified, set out as a note 
under section 542 of Title 6.
    Functions of Secretary of the Treasury under this section with 
respect to functions transferred to Secretary of Commerce in sections 
1303 and 1671 et seq. of this title by section 5(a)(1)(C) of Reorg. Plan 
No. 3 of 1979 transferred to Secretary of Commerce pursuant to Reorg. 
Plan No. 3 of 1979, Sec. 5(a)(1)(E), 44 F.R. 69275, 93 Stat. 1381, eff. 
Jan. 2, 1980, as provided by section 1-107(a) of Ex. Ord. No. 12188, 
Jan. 2, 1980, 45 F.R. 993, set out as notes under section 2171 of this 
title, to be exercised in consultation with Secretary of the Treasury.

   Proc. No. 2948. Merchandise in General-Order and Bonded Warehouses

    Proc. No. 2948, Oct. 12, 1951, 16 F.R. 10589, 65 Stat. c41, 
provided:

                    [Whereas clauses omitted]

    NOW, THEREFORE, I, HARRY S. TRUMAN, President of the United States 
of America, acting under and by virtue of the authority vested in me by 
the foregoing provision of section 318 of the Tariff Act of 1930 [this 
section] do hereby authorize the Secretary of the Treasury, until the 
termination of the national emergency proclaimed on December 16, 1950, 
or until it shall be determined by the President and declared by his 
proclamation that such action is no longer necessary, whichever is 
earlier:
    (1) To extend the one-year period prescribed in section 491, supra, 
as amended [section 1491 of this title], for not more than one year from 
and after the expiration of such one-year period in any case in which 
such period has already expired or shall hereafter expire during the 
continuance of the said national emergency;
    (2) To extend the three-year period prescribed in sections 557 and 
559, supra, as amended [sections 1557 and 1559 of this title], for not 
more than one year from and after the expiration of such three-year 
period in any case in which such period has already expired or shall 
hereafter expire during the continuance of the said national emergency; 
and
    (3) To extend further the one-year period prescribed in section 491, 
supra, as amended [section 1491 of this title], and the three-year 
period prescribed in sections 557 and 559, supra, as amended [sections 
1557 and 1559 of this title], for additional periods of not more than 
one year each from and after the expiration of the immediately preceding 
extension in any case in which such extension shall expire during the 
continuance of the said national emergency:
    Provided, however, that in each and every case under numbered 
paragraphs (1), (2), and (3) above in which the merchandise is charged 
against an entry bond the Secretary of the Treasury shall require that 
the principal on such bond, in order to obtain the benefit of any 
extension which may be granted under the authority of this proclamation, 
shall furnish to the collector of customs at the port where the bond is 
on file either the agreement of the sureties on the bond to remain bound 
under the terms and conditions of the bond to the same extent as if no 
extension had been granted, or an additional bond with acceptable 
sureties to cover the period of extension; and that, in each and every 
case in which the merchandise remains charged against a carrier's bond 
the Secretary of the Treasury shall require that the principal on such 
bond shall agree to the extension and shall furnish to the collector of 
customs at the port where the charge was made the agreement of the 
sureties on the bond to remain bound under the terms and conditions of 
the bond to the same extent as if no extension had been granted; and
    Provided further, that as a condition to the granting of any 
extension or further extension of the periods prescribed in sections 
491, 557, and 559 of the Tariff Act of 1930, supra, as amended [sections 
1491, 1557 and 1559 of this title], under numbered paragraphs (1), (2), 
or (3) above the Secretary of the Treasury may require that there shall 
be furnished to the collector of customs in the district in which the 
warehouse is located, in connection with the application for such 
extension, the consent of the warehouse proprietor to such extension or, 
in the alternative, proof of payment of all charges or amounts due or 
owing to such warehouse proprietor for the storage or handling of the 
imported merchandise; and
    Provided further, that the extensions of one year authorized by this 
proclamation shall not apply to any case in which the period sought to 
be extended expired prior to December 16, 1950, or in which the 
merchandise in question has been sold by the Government as abandoned.
    This proclamation supersedes Proclamation No. 2599 of November 4, 
1943, as amended by Proclamation No. 2712 of December 3, 1946, but it 
shall not be construed (1) as invalidating any action heretofore taken 
under the provisions of the said Proclamation No. 2599 or under the 
provisions of that proclamation as amended by the said Proclamation No. 
2712, or (2) as imposing the conditions set forth in the second proviso 
above upon the granting of extensions for which applications are pending 
on the date of this proclamation.
                                                         Harry S Truman.