                        TITLE 19--CUSTOMS DUTIES
 
                      CHAPTER 4--TARIFF ACT OF 1930
 
                 SUBTITLE III--ADMINISTRATIVE PROVISIONS
 
      Part II--Report, Entry, and Unlading of Vessels and Vehicles
 
Sec. 1451. Extra compensation

    Before any such special license to unlade shall be granted, the 
master, owner, or agent of such vessel or vehicle, or the person in 
charge of such vehicle, shall be required to deposit sufficient 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 unlading 
at night or on Sunday or a holiday, in accordance with the provisions 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 
execute a bond in an amount to be fixed by the Secretary 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 exceed 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 
services 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 services which 
may lawfully be performed by them during regular hours of business, but 
only if the person requesting such services deposits sufficient money to 
pay, or gives a bond in an amount to be fixed by the \1\ such customs 
officer, conditioned to pay the compensation and expenses 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 impair the existing authority of the Treasury Department to 
assign customs officers or employees to regular tours of duty at nights 
or on Sundays or holidays when such assignments are in the public 
interest: Provided, That the provisions 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 master, owner, agent, or consignee of a vessel or 
conveyance, shall not apply to the owner, operator, or agent of a 
highway vehicle, bridge, tunnel, or ferry, between the United States and 
Canada or between the United States and Mexico, nor to the lading or 
unlading of merchandise, baggage, or persons arriving in or departing 
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, tunnel, or ferry. At ports of entry and customs stations where 
any merchandise, baggage, 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, tunnel, or 
ferry, between the United States and Canada or between the United States 
and Mexico, 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 Sundays and holidays, as the Secretary of 
the Treasury in his discretion may determine to be necessary 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 compensation in accordance with 
existing law as interpreted by the United States Supreme Court in the 
case of the United States v. Howard C. Myers (320 U.S. 561); but all 
compensation payable to such customs officers and employees shall be 
paid by the United States without requiring any license, bond, 
obligation, financial undertaking, or payment in connection therewith on 
the part of any owner, operator, or agent of any such highway vehicle, 
bridge, tunnel, or ferry, or other person. As used in this section, the 
term ``ferry'' shall mean a passenger 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.
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    \1\ So in original. The word ``the'' probably should not appear.
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(June 17, 1930, ch. 497, title IV, Sec. 451, 46 Stat. 715; June 25, 
1938, ch. 679, Sec. 9, 52 Stat. 1082; June 3, 1944, ch. 233, Sec. 1, 58 
Stat. 269; Sept. 1, 1954, ch. 1213, title V, Sec. 503, 68 Stat. 1141; 
Pub. L. 91-271, title III, Sec. 301(f), June 2, 1970, 84 Stat. 288.)


                            Prior Provisions

    Provisions similar to those in this section, but applying also to 
the issuance of a permit for immediate lading or unlading after 
preliminary entry, were contained in act Feb. 13, 1911, ch. 46, Sec. 3, 
36 Stat. 900, which was superseded in part by act Sept. 21, 1922, ch. 
356, title IV, Sec. 451, 42 Stat. 954, and was repealed by section 643 
thereof. Section 451 of the 1922 act was superseded by section 451 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 references to appropriate customs 
officer or such customs officer for references to collector wherever 
appearing.
    1954--Act Sept. 1, 1954, permitted the deposit of sufficient 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 generally.


                    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 thirtieth 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.

                          Transfer of Functions

    Functions of all officers of Department of the Treasury 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 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, Secs. 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 Employees.

                  Section Referred to in Other Sections

    This section is referred to in section 58c of this title; title 5 
section 5549; title 49 section 80503.
