§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, §1(e), July 5, 1994, 108 Stat. 1357 .)

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.

Statutory Notes and Related Subsidiaries

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.

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.