                        TITLE 19--CUSTOMS DUTIES
 
                      CHAPTER 4--TARIFF ACT OF 1930
 
                 SUBTITLE III--ADMINISTRATIVE PROVISIONS
 
                    Part VI--Miscellaneous Provisions
 
Sec. 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 employees 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 
    department, 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 navigation the laws and 
    regulations on carrying out the customs laws, to the extent and 
    under conditions 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 regulation 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 applicable 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 
General 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 applies, 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 diligence, 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 commanding, the aircraft, the aircraft is subject to a 
lien for the penalty.

(c) Secretary of Agriculture

    (1) The Secretary of Agriculture by regulation may apply laws and 
regulations on animal and plant quarantine (including laws and 
regulations 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 subsection 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 proceedings 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 section may be seized 
summarily by and placed in the custody of a person authorized by 
regulations of the appropriate Secretary or the Attorney 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 enforce the lien 
or notify the appropriate Secretary 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 paragraph (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 
    Secretary 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 collected by bringing a 
civil action against the person subject to the penalty, a civil action 
in rem against an aircraft subject to a lien for a penalty, or both. The 
action shall conform as nearly as practicable to a civil action in 
admiralty, regardless 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 instrumentality 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 responsibility of 
the head, related to transporting passengers or property in air 
commerce. The head must consult with the Secretary of Transportation 
before making a decision on space.

(Pub. L. 103-272, Sec. 2, July 5, 1994, 108 Stat. 1358.)

                       References in Text

    The customs laws, referred to in subsec. (b)(1)(D), (2), are 
classified generally to this title.

                          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, Secs. 2, 7(b), July 5, 1994, 108 Stat. 1358, 1379.

                  Section Referred to in Other Sections

    This section is referred to in sections 1436, 1459, 1644 of this 
title.
