49 U.S.C. § 80503 — Payments for inspection and quarantine services
submitted 32 years ago by Pub. L. 103-272 to r/title-49-TRANSPORTATION · 414 words · no verdicts yet
This law lets owners of private aircraft and vessels pay for after-hours inspection services. The fee is capped at $25 per service on Sundays, holidays, or late-night weekday hours. Agencies must deposit these fees in the Treasury, and separate rules limit reimbursement for regular-hours inspections.
(a) General.
(1) Definitions used in this subsection: (A) "Private aircraft" means a civilian aircraft not used to transport passengers or property for pay. (B) "Private vessel" means a civilian vessel not used (i) to transport passengers or property for pay, or (ii) for fishing or fish processing.
(2) Despite section 451 of the Tariff Act of 1930, the owner, operator, or agent of a private aircraft or vessel may pay up to $25 for inspection services from an officer or employee of the Department of Agriculture, Customs Service, Immigration and Naturalization Service, or Public Health Service (including a contractor doing Public Health Service inspections). This fee applies when the services happen on a Sunday, holiday, or between 5 p.m. and 8 a.m. on a weekday, and relate to the aircraft's or vessel's arrival or departure. However, no payment is required for the 5 p.m.–8 a.m. weekday window if a regularly scheduled officer or employee is already available at the arrival or departure location.
(3) The head of whatever federal department, agency, or instrumentality provides these services must collect the payment and deposit it in the Treasury. The money is credited to the budget of that department, agency, or instrumentality — the one whose budget covered the cost of the services.
(b) Limitations on Reimbursement.
(1) An aircraft owner or operator must reimburse a federal department, agency, or instrumentality for the cost of an inspection or quarantine service performed during that service's regular hours on a Sunday or holiday — but only to the same extent they'd have to reimburse for the service during regular weekday hours. That department, agency, or instrumentality cannot separately charge the aircraft owner or operator for administrative overhead for inspection or quarantine services at an entry airport.
(2) This subsection does not require reimbursement for costs the Secretary of the Treasury incurs providing the customs services described in section 13031(e)(1) of the Consolidated Omnibus Budget Reconciliation Act of 1985.
In this subsection—
“private aircraft” means a civilian aircraft not being used to transport passengers or property for compensation.
“private vessel” means a civilian vessel not being used—
to transport passengers or property for compensation; or
in fishing or fish processing operations.
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.
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.
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.
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)).
Source credit: (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1357.)
- 1994Enacted · Pub. L. 103-272 · 108 Stat. 1357
A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-272 on 1994-07-05.
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