19 U.S.C. § 1644a — Ports of entry

Page 322 TITLE 19—CUSTOMS DUTIES § 1642 § 1642. Omitted Editorial Notes CODIFICATION In compliance with a request from the President on July 2, 1932, the survey authorized by this section, act June 17, 1930, ch. 497, title IV, § 642, 46 Stat. 760, was made and submitted to the President on February 28, 1933. See Tariff Commission Reports, No. 70, Second Se- ries. § 1643. Application of customs reorganization act The rights, privileges, powers, and duties vest- ed in or imposed upon the Secretary of the Treasury by this chapter shall be subject to the provisions of subdivision (a) of section 2073 of this title. (June 17, 1930, ch. 497, title IV, § 643, 46 Stat. 761.) Editorial Notes REFERENCES IN TEXT Subdivision (a) of section 2073 of this title, referred to in text, was repealed by act Sept. 3, 1954, ch. 1263, § 10, 68 Stat. 1229. § 1644. Application of the Federal Aviation Act and section 1518(d) of title 33 (a) The authority vested by section 1644a(b)(1) of this title in the Secretary of the Treasury, by regulation to provide for the application to civil air navigation of the laws and regulations relat- ing to the administration of customs, and of the laws and regulations relating to the entry and clearance of vessels, shall extend to the applica- tion in like manner of any of the provisions of this chapter, or of the Anti-Smuggling Act of 1935 [19 U.S.C. 1701 et seq.], or of any regulations promulgated hereunder. (b) For purposes of section 1518(d) of title 33, the term ‘‘customs laws administered by the Secretary of the Treasury’’ shall mean this chapter and any other provisions of law classi- fied to this title. (June 17, 1930, ch. 497, title IV, § 644, 46 Stat. 761; Pub. L. 96–467, § 21(2), (3), Oct. 17, 1980, 94 Stat. 2228; Pub. L. 98–473, title II, § 322, Oct. 12, 1984, 98 Stat. 2056.) Editorial Notes REFERENCES IN TEXT The Anti-Smuggling Act of 1935, referred to in subsec. (a), probably means the Anti-Smuggling Act which is act Aug. 5, 1935, ch. 438, 49 Stat. 517, as amended, which is classified principally to chapter 5 (§ 1701 et seq.) of this title. For complete classification of this Act to the Code, see section 1711 of this title and Tables. CODIFICATION In subsec. (a), ‘‘section 1644a(b)(1) of this title’’ sub- stituted for ‘‘section 1109 of the Federal Aviation Act of 1958 (49 U.S.C. 1509)’’ on authority of Pub. L. 103–272, § 6(b), July 5, 1994, 108 Stat. 1378, the first section of which enacted subtitles II, III, and V to X of Title 49, Transportation. AMENDMENTS 1984—Subsec. (a). Pub. L. 98–473 substituted reference to section 1509 of title 49, Appendix, for reference to section 177 of former title 49, struck out reference to the Commissioner of Customs, and inserted reference to the Anti-Smuggling Act of 1935. Subsec. (b). Pub. L. 98–473 reenacted subsec. (b) with- out change. 1980—Pub. L. 96–467 designated existing provisions as subsec. (a) and added subsec. (b). § 1644a. Ports of entry (a) Definitions The definitions in section 40102(a) of title 49 apply to this section. (b) Secretary of the Treasury (1) The Secretary of the Treasury may— (A) designate ports of entry in the United States for civil aircraft arriving in the United States from a place outside the United States and property transported on that aircraft; (B) detail to ports of entry officers and em- ployees of the United States Customs Service the Secretary considers necessary; (C) give an officer or employee of the United States Government stationed at a port of entry (with the consent of the head of the de- partment, agency, or instrumentality of the Government with jurisdiction over the officer or employee) duties and powers of officers or employees of the Customs Service; (D) by regulation, apply to civil air naviga- tion the laws and regulations on carrying out the customs laws, to the extent and under con- ditions the Secretary considers necessary; and (E) by regulation, apply to civil aircraft the laws and regulations on entry and clearance of vessels, to the extent and under conditions the Secretary considers necessary. (2) A person violating a customs regulation prescribed under paragraph (1)(A)–(D) of this subsection or a public health or customs law or regulation made applicable to aircraft by a regu- lation under paragraph (1)(A)–(D) is liable to the Government for a civil penalty of $5,000 for each violation. An aircraft involved in the violation may be seized and forfeited under the customs laws. The Secretary of the Treasury may remit or mitigate a penalty and forfeiture under this paragraph. (3) A person violating a regulation made appli- cable under paragraph (1)(E) of this subsection or an immigration regulation prescribed under paragraph (1)(E) is liable to the Government for a civil penalty of $5,000 for each violation. The Secretary of the Treasury or the Attorney Gen- eral may remit or mitigate a penalty under this paragraph. (4) In addition to any other penalty, when a controlled substance described in section 1584 of this title is found on, or to have been unloaded from, an aircraft to which this subsection ap- plies, the owner of, or individual commanding, the aircraft is liable to the Government for the penalties provided in section 1584 of this title for each violation unless the owner or individual, by a preponderance of the evidence, demonstrates that the owner or individual did not know, and by exercising the highest degree of care and dili- gence, could not have known, that a controlled substance was on the aircraft. (5) If a violation under this subsection is by the owner or operator of, or individual com- manding, the aircraft, the aircraft is subject to a lien for the penalty. Page 323 TITLE 19—CUSTOMS DUTIES § 1645 (c) Secretary of Agriculture (1) The Secretary of Agriculture by regulation may apply laws and regulations on animal and plant quarantine (including laws and regula- tions on importing, exporting, transporting, and quarantining animals, plants, animal and plant products, insects, bacterial and fungus cultures, viruses, and serums) to civil air navigation to the extent and under conditions the Secretary considers necessary. (2) A person violating a law or regulation made applicable under paragraph (1) of this sub- section is liable for the penalties provided under that law or regulation. (d) Remission and mitigation of penalties A decision to remit or mitigate a civil penalty under this section is final. When libel pro- ceedings are pending during a proceeding to remit or mitigate a penalty, the appropriate Secretary shall notify the Attorney General of the remission or mitigation proceeding. (e) Summary seizure of aircraft (1) An aircraft subject to a lien under this sec- tion may be seized summarily by and placed in the custody of a person authorized by regula- tions of the appropriate Secretary or the Attor- ney General. A report of the case shall be sent to the Attorney General. The Attorney General shall bring promptly a civil action in rem to en- force the lien or notify the appropriate Sec- retary that the action will not be brought. (2) An aircraft seized under this section shall be released from custody when— (A) the civil penalty or amount not remitted or mitigated is paid; (B) the aircraft is seized under process of a court in a civil action in rem to enforce the lien; (C) the Attorney General gives notice that a civil action will not be brought under para- graph (1) of this subsection; or (D) a bond is deposited with the appropriate Secretary or the Attorney General in an amount and with a surety the appropriate Sec- retary or the Attorney General prescribes, conditioned on payment of the penalty or amount not remitted or mitigated. (f) Collection of civil penalties A civil penalty under this section may be col- lected by bringing a civil action against the per- son subject to the penalty, a civil action in rem against an aircraft subject to a lien for a pen- alty, or both. The action shall conform as nearly as practicable to a civil action in admiralty, re- gardless of the place an aircraft in a civil action in rem is seized. However, a party may demand a trial by jury of an issue of fact if the value of the matter in controversy is more than $20. An issue of fact tried by jury may be reexamined only under common law rules. (g) Authorization of appropriations Necessary amounts may be appropriated to allow the head of a department, agency, or in- strumentality of the Government to acquire space at a public airport (as defined in section 47102 of title 49) when the head decides the space is necessary to carry out inspections, clearance, collection of taxes or duties, or a similar respon- sibility of the head, related to transporting pas- sengers or property in air commerce. The head must consult with the Secretary of Transpor- tation before making a decision on space. (Pub. L. 103–272, § 2, July 5, 1994, 108 Stat. 1358.) Editorial Notes CODIFICATION Section was not enacted as part of the Tariff Act of 1930 which comprises this chapter. Section is based on sections 1474 and 1509(b)–(e) of former Title 49, Transportation, which were repealed and restated as this section by Pub. L. 103–272, §§ 2, 7(b), July 5, 1994, 108 Stat. 1358, 1379. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS For transfer of functions, personnel, assets, and li- abilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Sec- retary of Homeland Security, and for treatment of re- lated 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 Novem- ber 25, 2002, as modified, set out as a note under section 542 of Title 6. For establishment of U.S. Customs and Border Protection in the Department of Homeland Se- curity, treated as if included in Pub. L. 107–296 as of Nov. 25, 2002, see section 211 of Title 6, as amended gen- erally by Pub. L. 114–125, and section 802(b) of Pub. L. 114–125, set out as a note under section 211 of Title 6. § 1645. Transportation and interment of remains of deceased employees in foreign countries; travel or shipping expenses incurred on for- eign ships (a) Transfers in foreign countries The expense of transporting the remains of customs officers and employees who die while in or in transit to foreign countries in the dis- charge of their official duties, to their former homes in this country for interment, and the or- dinary and necessary expenses for such inter- ment, at their posts of duty or at home, are au- thorized to be paid upon the written order of the Secretary of the Treasury. The expenses author- ized by this subdivision shall be paid from the appropriation for the collection of the revenue from customs. (b) Transportation on foreign ships Notwithstanding the provisions of section 601 of the Merchant Marine Act, 1928, or of any other law, any allowance, within the limitations prescribed by law, for travel or shipping ex- penses incurred on a foreign ship by any officer or employee of the Bureau of Customs or the Customs Service, shall be credited if the Sec- retary of the Treasury certifies to the Comp- troller General that transportation on such for- eign ship was necessary to protect the revenue. (June 17, 1930, ch. 497, title IV, § 645(a), (c), 46 Stat. 761; Aug. 2, 1946, ch. 744, § 2, 60 Stat. 807.) Editorial Notes REFERENCES IN TEXT Section 601 of the Merchant Marine Act, 1928, referred to in subsec. (b), was classified to section 891r of former