19 U.S.C. § 1451 : US Code - Section 1451: Extra compensation

Search 19 U.S.C. § 1451 : US Code - Section 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.