§ 80503. — Payments for inspection and quarantine services.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 49USC80503]
TITLE 49--TRANSPORTATION
SUBTITLE X--MISCELLANEOUS
CHAPTER 805--MISCELLANEOUS
Sec. 80503. Payments for inspection and quarantine services
(a) General.--(1) In this subsection--
(A) ``private aircraft'' means a civilian aircraft not being
used to transport passengers or property for compensation.
(B) ``private vessel'' means a civilian vessel not being used--
(i) to transport passengers or property for compensation; or
(ii) in fishing or fish processing operations.
(2) Notwithstanding section 451 of the Tariff Act of 1930 (19 U.S.C.
1451), the owner, operator, or agent of a private aircraft or private
vessel may pay not more than $25 for the services of an officer or
employee of the Department of Agriculture, the Customs Service, the
Immigration and Naturalization Service, or the Public Health Service
(including an independent contractor performing an inspection service
for the Public Health Service) when the services are performed on a
Sunday, holiday, or from 5 p.m. through 8 a.m. on a weekday, and are
related to the aircraft's or vessel's arrival in, or departure from, the
United States. However, the owner, operator, or agent does not have to
pay for the services from 5 p.m. through 8 a.m. on a weekday when an
officer or employee on regular duty is available at the place of arrival
or departure to perform services.
(3) The head of a department, agency, or instrumentality of the
United States Government providing services under paragraph (2) of this
subsection shall collect the amount paid for the services and deposit
the amount in the Treasury. The amount shall be credited to the
appropriation of the department, agency, or instrumentality against
which the expense of those services was charged.
(b) Limitations on Reimbursement.--(1) An owner or operator of an
aircraft is required to reimburse the head of a department, agency, or
instrumentality of the Government for the expenses of performing an
inspection or quarantine service related to the aircraft at a place of
inspection during regular service hours on a Sunday or holiday only to
the same extent that an owner or operator makes reimbursement for the
service during regular service hours on a weekday. The head of the
department, agency, or instrumentality may not assess an owner or
operator of an aircraft for administrative overhead expenses for
inspection or quarantine service provided by the department, agency, or
instrumentality at an entry airport.
(2) This subsection does not require reimbursement for costs
incurred by the Secretary of the Treasury in providing customs services
described in section 13031(e)(1) of the Consolidated Omnibus Budget
Reconciliation Act of 1985 (19 U.S.C. 58c(e)(1)).
(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1357.)
Historical and Revision Notes
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Revised Section Source (U.S. Code) Source (Statutes at Large)
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80503(a)(1)........................... 49 App.:1741(d). May 21, 1970, Pub. L. 91-258, Sec.
53(a)-(d), 84 Stat. 236.
80503(a)(2)........................... 49 App.:1741(a), (b).
80503(a)(3)........................... 49 App.:1741(c).
80503(b).............................. 49 App.:1741(e). May 21, 1970, Pub. L. 91-258, 84 Stat.
219, Sec. 53(e); added Oct. 22, 1986,
Pub. L. 99-514, Sec. 1893(f), 100
Stat. 2930.
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In subsection (a)(1), the word ``passengers'' is substituted for
``persons'' for consistency in the revised title and with other titles
of the United States Code. The word ``hire'' is omitted as being
included in ``compensation''. In clause (B)(ii), the words ``fishing or
fish processing operations'' are substituted for ``fishing operations or
in processing of fish or fish products'' to eliminate unnecessary words.
In subsection (a)(2), the words ``or any other provisions of law''
are omitted as unnecessary. The words ``on or after July 1, 1970'' are
omitted as executed. The words ``upon the request of such owner,
operator, or agent'' are omitted as unnecessary. The words ``from 5 p.m.
through 8 a.m.'' are substituted for ``at any time after 5 o'clock
postmeridian or before 8 o'clock antemeridian'' to eliminate unnecessary
words. The words ``Notwithstanding any other provision of law'' are
omitted as unnecessary because of the restatement. The words ``the
owner, operator, or agent does not have to pay'' are substituted for
``no payment shall be required'' for clarity. The words ``from 5 p.m.
through 8 a.m.'' after ``the services'' are added for clarity. The words
``an officer or employee on regular duty'' are substituted for ``an
officer or employee stationed on his regular tour of duty'' to eliminate
unnecessary words.
In subsection (b)(1), the words ``related to the aircraft'' are
substituted for ``as a consequence of the operation of aircraft'', and
the words ``a place of inspection'' are substituted for ``at airports of
entry or other places of inspection'', to eliminate unnecessary words.
The words ``The head of the department, agency, or instrumentality may
not assess'' are substituted for ``shall not be assessed against''
because of the restatement. The word ``expenses'' is substituted for
``costs'' for consistency in this section.
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.
Abolition of Immigration and Naturalization Service and Transfer of
Functions
For abolition of Immigration and Naturalization Service, transfer of
functions, and treatment of related references, see note set out under
section 1551 of Title 8, Aliens and Nationality.
