### §58b. User fee for customs services at certain small airports and other facilities

#### (a) Authorized airports, seaports, or other facilities

The Secretary of the Treasury shall make customs 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 facility designated by the Secretary of the Treasury 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 rendered 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 airport, 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 misdemeanor 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 account; expenditures for services

Fees collected by the Secretary of the Treasury under subsection (a) with respect to the provision of services at an airport, seaport, or other facility shall be deposited in an account within the Treasury of the United States that is specially 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 customs services at such airport, seaport, or other facility (including expenses incurred for the salaries and expenses of individuals employed to provide such services). None of the funds deposited 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 designated 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), inserted ", 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 introductory 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 available, as provided by appropriation Acts, for expenditures 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 airports" 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 Effective Date of 1984 Amendment note under section 1304 of this title.

#### Transfer of Functions

For transfer of functions, personnel, assets, and liabilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related 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 November 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 Security, treated as if included in Pub. L. 107–296 as of Nov. 25, 2002, see section 211 of Title 6, as amended generally 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.