19 U.S.C. § 1451 — Extra compensation 1

Page 168 TITLE 19—CUSTOMS DUTIES § 1450 1 See Codification note below. or (2) the Secretary of the Treasury, because of an emergency existing at the port of destina- tion, authorizes such vessel to proceed to an- other port of entry. Merchandise and baggage so unladen may be entered in the same manner as other imported merchandise or baggage and may be treated as unclaimed merchandise or baggage and stored at the expense and risk of the owner thereof, or may be reladen without entry upon the vessel from which it was unladen for trans- portation to its destination. (June 17, 1930, ch. 497, title IV, § 449, 46 Stat. 714; Pub. L. 91–271, title III, § 301(b), June 2, 1970, 84 Stat. 287; Pub. L. 103–182, title VI, § 649(b), Dec. 8, 1993, 107 Stat. 2208.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in act Sept. 21, 1922, ch. 356, title IV, § 449, 42 Stat. 954. That section was superseded by section 449 of act June 17, 1930, comprising this section, and repealed by section 651(a)(1) of the 1930 act. Provisions concerning protests and reports by vessels compelled by distress of weather or other necessity to put into a port of the United States; permits for the un- lading thereof; the storage of the goods; the disposal of perishable goods; variances between the report, and the delivery of the cargo, and the reloading of such vessels, and a special provision for Spanish vessels arriving in distress, were contained in R.S. §§ 2891–2895. Provisions for report and entry of vessels prevented by ice from getting to the port or place at which her cargo was in- tended to be delivered, and for the unlading or landing of the cargo, were contained in R.S. § 2896. All of these sections were repealed by act Sept. 21, 1922, ch. 356, title IV, § 642, 42 Stat. 989. AMENDMENTS 1993—Pub. L. 103–182 substituted ‘‘Customs Service issues a permit for the unlading of such merchandise or baggage at such port,’’ for ‘‘appropriate customs officer of such port issues a permit for the unlading of such merchandise or baggage,’’. 1970—Pub. L. 91–271 substituted reference to appro- priate customs officers for reference to collector. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1970 AMENDMENT For effective date of amendment by Pub. L. 91–271, see section 203 of Pub. L. 91–271, set out as a note under section 1500 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 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. § 1450. Unlading on Sundays, holidays, or during overtime hours No merchandise, baggage, or passengers arriv- ing in the United States from any foreign port or place, and no bonded merchandise or baggage being transported from one port to another, shall be unladen from the carrying aircraft, ves- sel or vehicle on Sunday, a holiday, or during overtime hours, except under special license granted by the appropriate customs officer under such regulations as the Secretary of the Treasury may prescribe. (June 17, 1930, ch. 497, title IV, § 450, 46 Stat. 715; Pub. L. 91–271, title III, § 301(b), June 2, 1970, 84 Stat. 287; Pub. L. 103–66, title XIII, § 13811(b)(2), Aug. 10, 1993, 107 Stat. 670.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in R.S. § 2872, as amended by the act of June 26, 1884, ch. 121, § 25, 23 Stat. 59, which was superseded by act Sept. 21, 1922, ch. 356, title IV, § 450, 42 Stat. 954, and was repealed by section 642 thereof. Section 450 of the 1922 act was superseded by section 450 of act June 17, 1930, comprising this section, and repealed by section 651(a)(1) of the 1930 act. R.S. § 2871 providing for the granting of a special li- cense to unlade at night, and the amendment thereof by act June 30, 1906, ch. 3909, 34 Stat. 633, were repealed by section 6 of act Feb. 13, 1911, ch. 46, and provision for the grant of a special license to lade or unlade at night, and the grant of permits for immediate lading and un- lading of vessels admitted to preliminary entry, etc., was made, in sections 1 and 4 of that act, which were repealed by section 643 of the act of Sept. 21, 1922, ch. 356. A special provision on the subject matter of this sec- tion for the northern, northeastern and northwestern frontiers was contained in R.S. § 3120, as amended by act Feb. 27, 1877, ch. 69, § 1, 19 Stat. 248, prior to repeal by section 642 of the act of Sept. 21, 1922, ch. 356. AMENDMENTS 1993—Pub. L. 103–66 in section catchline substituted ‘‘during overtime hours’’ for ‘‘at night’’, and in text substituted ‘‘during overtime hours’’ for ‘‘at night’’ and inserted ‘‘aircraft,’’ before ‘‘vessel’’. 1970—Pub. L. 91–271 substituted reference to appro- priate customs officer for reference to collector. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1993 AMENDMENT Amendment by Pub. L. 103–66 applicable to customs inspectional services provided on or after Jan. 1, 1994, see section 13811(c) of Pub. L. 103–66, set out as a note under section 267 of this title. EFFECTIVE DATE OF 1970 AMENDMENT For effective date of amendment by Pub. L. 91–271, see section 203 of Pub. L. 91–271, set out as a note under section 1500 of this title. § 1451. Extra compensation 1 Before any such 1 special license to unlade shall be granted, the master, owner, or agent of such 1 vessel or vehicle, or the person in charge of such 1 vehicle, shall be required to deposit suf- ficient money to pay, or to give a bond in an amount to be fixed by the Secretary conditioned to pay, the compensation and expenses of the customs officers and employees assigned to duty in connection with such 1 unlading at night or on Sunday or a holiday, in accordance with the pro- Page 169 TITLE 19—CUSTOMS DUTIES § 1451 2 So in original. The word ‘‘the’’ probably should not appear. visions of section 267 of this title. In lieu of such deposit or bond the owner or agent of any vessel or vehicle or line of vessels or vehicles may exe- cute a bond in an amount to be fixed by the Sec- retary of the Treasury to cover and include the issuance of special licenses for the unlading of such vessels or vehicles for a period not to ex- ceed one year. Upon a request made by the owner, master, or person in charge of a vessel or vehicle, or by or on behalf of a common carrier or by or on behalf of the owner or consignee of any merchandise or baggage, for overtime serv- ices of customs officers or employees at night or on a Sunday or holiday, the appropriate customs officer shall assign sufficient customs officers or employees if available to perform any such serv- ices which may lawfully be performed by them during regular hours of business, but only if the person requesting such services deposits suffi- cient money to pay, or gives a bond in an amount to be fixed by the 2 such customs officer, conditioned to pay the compensation and ex- penses of such customs officers and employees, who shall be entitled to rates of compensation fixed on the same basis and payable in the same manner and upon the same terms and conditions as in the case of customs officers and employees assigned to duty in connection with lading or unlading at night or on Sunday or a holiday. Nothing in this section shall be construed to im- pair the existing authority of the Treasury De- partment to assign customs officers or employ- ees to regular tours of duty at nights or on Sun- days or holidays when such assignments are in the public interest: Provided, That the provi- sions of this section, sections 1450 and 1452 of this title, and the provisions of section 267 of this title insofar as such section 267 of this title requires payment of compensation by the mas- ter, owner, agent, or consignee of a vessel or conveyance, shall not apply to the owner, oper- ator, or agent of a highway vehicle, bridge, tun- nel, or ferry, between the United States and Canada or between the United States and Mex- ico, nor to the lading or unlading of merchan- dise, baggage, or persons arriving in or depart- ing from the United States by motor vehicle, trolley car, on foot, or by other means of high- way travel upon, over, or through any highway, bridge, tunnel, or ferry. At ports of entry and customs stations where any merchandise, bag- gage, or persons shall arrive in or depart from the United States by motor vehicle, trolley car, on foot, or by other means of highway travel upon, over, or through any highway, bridge, tun- nel, or ferry, between the United States and Canada or between the United States and Mex- ico, the appropriate customs officer, under such regulations as the Secretary of the Treasury may prescribe, shall assign customs officers and employees to duty at such times during the twenty-four hours of each day, including Sun- days and holidays, as the Secretary of the Treas- ury in his discretion may determine to be nec- essary to facilitate the inspection and passage of such merchandise, baggage, or persons. Officers and employees assigned to such duty at night or on Sunday or a holiday shall be paid compensa- tion in accordance with existing law as inter- preted by the United States Supreme Court in the case of the United States v. Howard C. Myers (320 U.S. 561); but all compensation pay- able to such customs officers and employees shall be paid by the United States without re- quiring any license, bond, obligation, financial undertaking, or payment in connection there- with on the part of any owner, operator, or agent of any such highway vehicle, bridge, tun- nel, or ferry, or other person. As used in this section, the term ‘‘ferry’’ shall mean a pas- senger service operated with the use of vessels which arrive in the United States on regular schedules at intervals of at least once each hour during any period in which customs service is to be furnished without reimbursement as above provided. (June 17, 1930, ch. 497, title IV, § 451, 46 Stat. 715; June 25, 1938, ch. 679, § 9, 52 Stat. 1082; June 3, 1944, ch. 233, § 1, 58 Stat. 269; Sept. 1, 1954, ch. 1213, title V, § 503, 68 Stat. 1141; Pub. L. 91–271, title III, § 301(f), June 2, 1970, 84 Stat. 288.) Editorial Notes CODIFICATION As enacted by act June 17, 1930, the catchline for this section was ‘‘Same—extra compensation’’. That catch- line and the use of ‘‘such’’ in certain places in text indi- cates that this section should be read as a continuation of the provisions introduced in section 1450 of this title. PRIOR PROVISIONS Provisions similar to those in this section, but apply- ing also to the issuance of a permit for immediate lad- ing or unlading after preliminary entry, were contained in act Feb. 13, 1911, ch. 46, § 3, 36 Stat. 900, which was su- perseded in part by act Sept. 21, 1922, ch. 356, title IV, § 451, 42 Stat. 954, and was repealed by section 643 there- of. Section 451 of the 1922 act was superseded by section 451 of act June 17, 1930, comprising this section, and re- pealed by section 651(a)(1) of the 1930 act. AMENDMENTS 1970—Pub. L. 91–271 substituted references to appro- priate customs officer or such customs officer for ref- erences to collector wherever appearing. 1954—Act Sept. 1, 1954, permitted the deposit of suffi- cient money to cover costs of night, Sunday, or holiday service in lieu of filing of bond. 1944—Act June 3, 1944, inserted proviso. 1938—Act June 25, 1938, amended third sentence gen- erally. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1970 AMENDMENT For effective date of amendment by Pub. L. 91–271, see section 203 of Pub. L. 91–271, set out as a note under section 1500 of this title. EFFECTIVE DATE OF 1938 AMENDMENT Amendment by act June 25, 1938, effective on thir- tieth day following June 25, 1938, except as otherwise specifically provided, see section 37 of act June 25, 1938, set out as a note under section 1401 of this title. Executive Documents TRANSFER OF FUNCTIONS Functions of all officers of Department of the Treas- ury and functions of all agencies and employees of such Department transferred, with certain exceptions, to Secretary of the Treasury, with power vested in him to Page 170 TITLE 19—CUSTOMS DUTIES § 1451a authorize their performance or performance of any of his functions, by any of those officers, agencies, and employees, by Reorg. Plan No. 26 of 1950, §§ 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, 1281, set out in the Appendix to Title 5, Government Organization and Em- ployees. § 1451a. Repealed. Pub. L. 103–66, title XIII, § 13811(b)(1), Aug. 10, 1993, 107 Stat. 670 Section, act June 3, 1944, ch. 233, § 2, 58 Stat. 270, pro- vided that certain extra compensation of customs offi- cers and employees assigned to performance of inspectional services in connection with traffic over highways, toll bridges, etc. on Sundays or holidays prior to June 3, 1944, was to be payable by the U.S. without reimbursement by the applicant for such serv- ices and that any reimbursement which had accrued and been collected since Jan. 6, 1941, was to be re- funded. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal applicable to customs inspectional services provided on or after Jan. 1, 1994, see section 13811(c) of Pub. L. 103–66, set out as an Effective Date of 1993 Amendment note under section 267 of this title. § 1452. Lading on Sundays, holidays, or at night No merchandise or baggage entered for trans- portation under bond or for exportation with the benefit of drawback, or other merchandise or baggage required to be laden under customs su- pervision, shall be laden on any vessel or vehicle at night or on Sunday or a holiday, except under special license therefor to be issued by the ap- propriate customs officer under the same condi- tions and limitations as pertain to the unlading of imported merchandise or merchandise being transported in bond. (June 17, 1930, ch. 497, title IV, § 452, 46 Stat. 715; Pub. L. 91–271, title III, § 301(b), June 2, 1970, 84 Stat. 287.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in act Sept. 21, 1922, ch. 356, title IV, § 452, 42 Stat. 955. That section was superseded by section 452 of act June 17, 1930, comprising this section, and repealed by section 651(a)(1) of the 1930 act. AMENDMENTS 1970—Pub. L. 91–271 substituted reference to appro- priate customs officer for reference to collector. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1970 AMENDMENT For effective date of amendment by Pub. L. 91–271, see section 203 of Pub. L. 91–271, set out as a note under section 1500 of this title. § 1453. Lading and unlading of merchandise or baggage; penalties If any merchandise or baggage is laden on, or unladen from, any vessel or vehicle without a special license or permit therefor issued by the appropriate customs officer, the master of such vessel or the person in charge of such vehicle and every other person who knowingly is con- cerned, or who aids therein, or in removing or otherwise securing such merchandise or bag- gage, shall each be liable to a penalty equal to the value of the merchandise or baggage so laden or unladen, and such merchandise or bag- gage shall be subject to forfeiture, and if the value thereof is $500 or more, the vessel or vehi- cle on or from which the same shall be laden or unladen shall be subject to forfeiture. (June 17, 1930, ch. 497, title IV, § 453, 46 Stat. 716; Pub. L. 91–271, title III, § 301(b), June 2, 1970, 84 Stat. 287.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in act Sept. 21, 1922, ch. 356, title IV, § 453, 42 Stat. 955. That section was superseded by section 453 of act June 17, 1930, comprising this section, and repealed by section 651(a)(1) of the 1930 act. Provisions imposing penalties and forfeitures for vio- lation of R.S. § 2872, which required a special license for unloading or delivering merchandise otherwise than in open day, were contained in R.S. §§ 2873 and 2874, prior to repeal by act Sept. 21, 1922, ch. 356, title IV, § 642, 42 Stat. 989. AMENDMENTS 1970—Pub. L. 91–271 substituted reference to appro- priate customs officer for reference to collector. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1970 AMENDMENT For effective date of amendment by Pub. L. 91–271, see section 203 of Pub. L. 91–271, set out as a note under section 1500 of this title. § 1454. Unlading of passengers; penalty If any passenger is unladen from any vessel or vehicle without a special license or permit therefor issued by the appropriate customs offi- cer, the master of such vessel or the person in charge of such vehicle and every other person who knowingly is concerned, or who aids there- in, shall each be liable to a penalty of $1,000 for the first passenger and $500 for each additional such passenger so unladen. (June 17, 1930, ch. 497, title IV, § 454, 46 Stat. 716; Pub. L. 91–271, title III, § 301(b), June 2, 1970, 84 Stat. 287; Pub. L. 99–570, title III, § 3114, Oct. 27, 1986, 100 Stat. 3207–82.) Editorial Notes AMENDMENTS 1986—Pub. L. 99–570 substituted ‘‘$1,000 for the first passenger and $500 for each additional such passenger’’ for ‘‘$500 for each such passenger’’. 1970—Pub. L. 91–271 substituted reference to appro- priate customs officer for reference to collector. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1970 AMENDMENT For effective date of amendment by Pub. L. 91–271, see section 203 of Pub. L. 91–271, set out as a note under section 1500 of this title. § 1455. Boarding and discharging inspectors The appropriate customs officer for the dis- trict in which any vessel or vehicle arrives from