19 U.S.C. § 58a — Fees for services of customs officers

Page 8 TITLE 19—CUSTOMS DUTIES § 39 § 39. Repealed. Aug. 8, 1953, ch. 397, § 2(a), 67 Stat. 507 Section, R.S. § 2626, prescribed certain duties of comp- trollers of customs at each of ports where collectors, comptrollers and surveyors were appointed. The provi- sions of such section, in so far as it related to account- ing duties, is covered generally in chapters 33 and 35 of Title 31, Money and Finance. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL; SAVINGS PROVISION Repeal effective on and after thirtieth day following Aug. 8, 1953, and savings provision, see sections 1 and 23 of act Aug. 8, 1953. § 40. Repealed. Aug. 2, 1956, ch. 887, § 4(a)(15), 70 Stat. 947 Section, R.S. § 2627; act June 17, 1930, ch. 497, title IV, § 523, 46 Stat. 740, related to duties of surveyor of cus- toms. Section 5a of this title abolished the offices of surveyor of customs at all ports except New York. § 41. Repealed. Feb. 28, 1933, ch. 131, § 1, 47 Stat. 1349 Section, R.S. § 2628, prescribed duties of surveyors where only surveyors were appointed. §§ 42 to 45. Repealed. Aug. 8, 1953, ch. 397, § 2(a), 67 Stat. 507 Sections, R.S. §§ 2639 to 2641, 2643, related to various accounting duties of collectors, comptrollers, and sur- veyors of customs. Those provisions are covered gen- erally in chapters 33 and 35 of Title 31, Money and Fi- nance. Section 42 was amended by act July 31, 1894, ch. 174, § 19, 28 Stat. 210. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL; SAVINGS PROVISION Repeal effective on and after thirtieth day following Aug. 8, 1953, and savings provision, see sections 1 and 23 of act Aug. 8, 1953. §§ 46, 47. Repealed. Feb. 28, 1933, ch. 131, § 1, 47 Stat. 1349 Sections, R.S. §§ 2644 and 2645, respectively, related to rendition of monthly and quarterly estimates and ac- counts of certain collectors. § 48. Repealed. Aug. 2, 1946, ch. 744, § 2, 60 Stat. 807, eff. Nov. 1, 1946 Section, acts Mar. 4, 1923, ch. 251, § 5, 42 Stat. 1454; June 17, 1930, ch. 497, title IV, § 645(b), 46 Stat. 761, re- lated to travel, subsistence, and transportation ex- penses of customs officers and employees. These provi- sions are covered generally in chapter 57 of Title 5, Government Organization and Employees. § 49. Repealed. Aug. 26, 1935, ch. 689, § 1, 49 Stat. 864 Section, R.S. § 1790, related to restriction on payment for services of officers or other persons in customs serv- ice. §§ 50, 51. Repealed. Pub. L. 89–554, § 8(a), Sept. 6, 1966, 80 Stat. 642, 645, 650 Section 50, acts Aug. 24, 1912, ch. 355, § 8, 37 Stat. 487; June 6, 1939, ch. 185, 53 Stat. 810, authorized collectors of customs to administer oaths to expense accounts. Section 51, act Mar. 4, 1923, ch. 251, § 7, 42 Stat. 1454, provided limitations on compensation. Statutory Notes and Related Subsidiaries ADDITIONAL REPEAL Section 51 was additionally repealed by Pub. L. 91–271, title III, § 321(j), June 2, 1970, 84 Stat. 293. § 52. Payment of compensation and expenses The compensation of all customs officers and employees provided for by sections 6, 7, 8, 13, and 51 of this title, and the expenses authorized by section 48 of this title, shall be paid from the ap- propriation for the collection of the revenue from customs. (Mar. 4, 1923, ch. 251, § 6, 42 Stat. 1454; Mar. 3, 1927, ch. 348, § 3(c), 44 Stat. 1382.) Editorial Notes REFERENCES IN TEXT Sections 7 and 8 of this title, referred to in text, were repealed by Pub. L. 91–271, title III, § 321(c), (d), June 2, 1970, 84 Stat. 293. Section 13 of this title, referred to in text, was re- pealed by act Aug. 2, 1956, ch. 887, § 4(a)(2), 70 Stat. 947. Section 48 of this title, referred to in text, was re- pealed by act Aug. 2, 1946, ch. 744, § 2, 60 Stat. 807, eff. Nov. 1, 1946. See section 5724 of Title 5, Government Or- ganization and Employees. Section 51 of this title, referred to in text, was re- pealed by Pub. L. 89–554, § 8(a), Sept. 6, 1966, 80 Stat. 645. See, also, Additional Repeal note set out thereunder. CODIFICATION Act Mar. 3, 1927, abolished the offices of Director and Assistant Director of Customs. §§ 53 to 57. Repealed. Aug. 2, 1956, ch. 887, § 4(a)(16)–(20), 70 Stat. 947 Section 53, R.S. § 2687, provided for apportionment of compensation according to time served. See, generally, sections 5504 and 6101 of Title 5, Government Organiza- tion and Employees. Section 54, R.S. § 2646, related to books to be fur- nished to collectors and other officers. Section 55, R.S. § 2647; acts Aug. 24, 1912, ch. 355, 37 Stat. 434; June 17, 1930, ch. 497, title IV, § 523, 46 Stat. 740, provided that collectors of customs, and comptrol- lers and surveyors performing functions of collectors, should render quarterly accounts to Secretary of the Treasury of fines collected, moneys received as rents, etc. Section 56, R.S. § 2944, related to additional hours of service at public stores in New York. Section 57, R.S. § 2648; act Aug. 24, 1912, ch. 355, § 1, 37 Stat. 434, related to sale of blanks by collectors and surveyors. § 58. Repealed. Pub. L. 95–410, title II, § 214(a), Oct. 3, 1978, 92 Stat. 904 Section, R.S. § 2654; acts Aug. 24, 1912, ch. 355, 37 Stat. 434; June 2, 1970, Pub. L. 91–271, title III, § 307, 84 Stat. 292, provided for fees of customs officers for eleven enu- merated types of services. See section 58a of this title. § 58a. Fees for services of customs officers The Secretary may charge such fees as may be necessary to cover the costs of providing serv- ices similar to or the same as services furnished by customs officers under the sections repealed by subsection (a). (Pub. L. 95–410, title II, § 214(b), Oct. 3, 1978, 92 Stat. 904.) Page 9 TITLE 19—CUSTOMS DUTIES § 58b Editorial Notes REFERENCES IN TEXT The sections repealed by subsection (a), referred to in text, means the sections repealed by Pub. L. 95–410, § 214(a), which provided: ‘‘Sections 2654, 4381, 4382, and 4383 of the Revised Statutes of the United States (19 U.S.C. 58 and 46 U.S.C. 329, 330, and 333) are each re- pealed.’’ § 58b. User fee for customs services at certain small airports and other facilities (a) Authorized airports, seaports, or other facili- ties The Secretary of the Treasury shall make cus- toms services available and charge a fee for the use of such customs services at— (1) the airport located at Lebanon, New Hampshire, (2) the airport located at Pontiac/Oakland, Michigan, and (3) any other airport, seaport, or other facil- ity designated by the Secretary of the Treas- ury under subsection (c). (b) Liability for and amount of fee The fee which is charged under subsection (a) shall be paid by each person using the customs services at the airport, seaport, or other facility and shall be in an amount equal to the expenses incurred by the Secretary of the Treasury in providing the customs services which are ren- dered to such person at such airport, seaport, or other facility (including the salary and expenses of individuals employed by the Secretary of the Treasury to provide such customs services). (c) Justification for service The Secretary of the Treasury may designate airports, seaports, and other facilities under this subsection. An airport, seaport, or other facility may be designated under this subsection only if— (1) the Secretary of the Treasury has made a determination that the volume or value of business cleared through such airport, seaport, or other facility is insufficient to justify the availability of customs services at such air- port, seaport, or other facility, and (2) the governor of the State in which such airport, seaport, or other facility is located approves such designation. (d) Failure to pay fee Any person who, after notice and demand for payment of any fee charged under subsection (a), fails to pay such fee shall be guilty of a mis- demeanor and if convicted thereof shall pay a fine that does not exceed an amount equal to 200 percent of such fee. (e) Small airport, seaport, or other facility ac- count; expenditures for services Fees collected by the Secretary of the Treas- ury under subsection (a) with respect to the pro- vision of services at an airport, seaport, or other facility shall be deposited in an account within the Treasury of the United States that is spe- cially designated for such airport, seaport, or other facility. The Secretary of the Treasury is authorized and directed to pay out of any funds available in such account any expenses incurred by the Federal Government in providing cus- toms services at such airport, seaport, or other facility (including expenses incurred for the sal- aries and expenses of individuals employed to provide such services). None of the funds depos- ited into such account shall be available for any purpose other than making payments authorized under the preceding sentence. (f) Customs services for foreign trade zones or subzones For purposes of this section, customs services provided in connection with, or with respect to, any foreign trade zone or subzone that is located at, or in the vicinity of, any airport, seaport, or other facility described in subsection (a) or des- ignated under subsection (c) shall be considered to be customs services provided at such airport, seaport, or other facility. (Pub. L. 98–573, title II, § 236, Oct. 30, 1984, 98 Stat. 2992; Pub. L. 99–190, § 142, Dec. 19, 1985, 99 Stat. 1324; Pub. L. 99–272, title XIII, § 13032, Apr. 7, 1986, 100 Stat. 310; Pub. L. 100–418, title I, § 1905, Aug. 23, 1988, 102 Stat. 1313; Pub. L. 101–207, § 3(c)(2), (f)(1), Dec. 7, 1989, 103 Stat. 1834, 1835.) Editorial Notes AMENDMENTS 1989—Pub. L. 101–207, § 3(f)(1)(C), inserted ‘‘and other facilities’’ after ‘‘airports’’ in section catchline. Subsecs. (a)(3), (b). Pub. L. 101–207, § 3(f)(1)(A), in- serted ‘‘, seaport, or other facility’’ after ‘‘airport’’ wherever appearing. Subsec. (c). Pub. L. 101–207, § 3(f)(1)(A), (B), inserted ‘‘, seaports, and other facilities’’ after ‘‘airports’’ in in- troductory provisions and ‘‘, seaport, or other facility’’ after ‘‘airport’’ wherever appearing. Subsec. (e). Pub. L. 101–207, § 3(f)(1)(A), inserted ‘‘, seaport, or other facility’’ after ‘‘airport’’ wherever appearing. Subsec. (f). Pub. L. 101–207, § 3(c)(2), (f)(1)(A), added subsec. (f) and inserted ‘‘, seaport, or other facility’’ after ‘‘airport’’ in two places. 1988—Subsec. (a)(2), (3). Pub. L. 100–418, § 1905(1)–(3), added par. (2) and redesignated former par. (2) as (3). Subsec. (c). Pub. L. 100–418, § 1905(4), struck out ‘‘20’’ before ‘‘airports’’. 1986—Subsec. (c). Pub. L. 99–272, § 13032(1), made amendment identical to Pub. L. 99–190, substituting ‘‘20 airports’’ for ‘‘4 airports’’. Subsec. (e). Pub. L. 99–272, § 13032(2), substituted last two sentences for former last sentence which read as follows: ‘‘The funds in such account shall only be avail- able, as provided by appropriation Acts, for expendi- tures relating to the provision of customs services at such airport (including expenditures for the salaries and expenses of individuals employed to provide such services).’’ 1985—Subsec. (c). Pub. L. 99–190 substituted ‘‘20 air- ports’’ for ‘‘4 airports’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on 15th day after Oct. 30, 1984, see section 214(a), (b) of Pub. L. 98–573, set out as an Effec- tive Date of 1984 Amendment note under section 1304 of this title. 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