49 U.S.C. § 80503 — Payments for inspection and quarantine

Page 1831 TITLE 49—TRANSPORTATION § 80503 the 28-hour period of confinement ends at night. Animals may be confined for— (A) more than 28 hours when the animals cannot be unloaded because of accidental or unavoidable causes that could not have been anticipated or avoided when being careful; and (B) 36 consecutive hours when the owner or person having custody of animals being trans- ported requests, in writing and separate from a bill of lading or other rail form, that the 28- hour period be extended to 36 hours. (3) Time spent in loading and unloading ani- mals is not included as part of a period of con- finement under this subsection. (b) UNLOADING, FEEDING, WATERING, AND REST.—Animals being transported shall be un- loaded in a humane way into pens equipped for feeding, water, and rest for at least 5 consecu- tive hours. The owner or person having custody of the animals shall feed and water the animals. When the animals are not fed and watered by the owner or person having custody, the rail car- rier, express carrier, or common carrier (except by air or water), the receiver, trustee, or lessee of one of those carriers, or the owner or master of a vessel transporting the animals— (1) shall feed and water the animals at the reasonable expense of the owner or person hav- ing custody, except that the owner or shipper may provide food; (2) has a lien on the animals for providing food, care, and custody that may be collected at the destination in the same way that a transportation charge is collected; and (3) is not liable for detaining the animals for a reasonable period to comply with subsection (a) of this section. (c) NONAPPLICATION.—This section does not apply when animals are transported in a vehicle or vessel in which the animals have food, water, space, and an opportunity for rest. (d) CIVIL PENALTY.—A rail carrier, express car- rier, or common carrier (except by air or water), a receiver, trustee, or lessee of one of those car- riers, or an owner or master of a vessel that knowingly and willfully violates this section is liable to the United States Government for a civil penalty of at least $100 but not more than $500 for each violation. On learning of a viola- tion, the Attorney General shall bring a civil ac- tion to collect the penalty in the district court of the United States for the judicial district in which the violation occurred or the defendant resides or does business. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1356.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 80502(a) ...... 45:71 (less 1st sen- tence 132d–153d words). June 29, 1906, ch. 3594, §§ 1–4, 34 Stat. 607. 80502(b) ...... 45:71 (1st sentence 132d–153d words). 45:72. 80502(c) ...... 45:73 (proviso). 80502(d) ...... 45:73 (less proviso). 45:74. In this section, the words ‘‘rail carrier, express car- rier’’ are substituted for ‘‘railroad, express company, car company’’ for consistency in the revised title. The word ‘‘air’’ is included in the exception because when the source provision was enacted air carriers did not exist. The words ‘‘a vehicle or vessel’’ are substituted for ‘‘cars, boats, or vessels of any description’’, and the word ‘‘vessel’’ is substituted for ‘‘steam, sailing, or other vessels’’, for consistency in the revised title and with other titles of the United States Code. In subsection (a)(1), the words ‘‘transporting ani- mals’’ are substituted for ‘‘whose road forms any part of a line of road over which cattle, sheep, swine, or other animals shall be conveyed’’ and ‘‘carrying or transporting cattle, sheep, swine, or other animals’’ to eliminate unnecessary words. The word ‘‘possession’’ is added for consistency in the revised title and with other titles of the Code. The words ‘‘for feeding, water, and rest’’ are added because of the restatement. In subsection (a)(2), before clause (A), the words ‘‘Sheep may be confined for an additional 8 consecutive hours without being unloaded when the 28-hour period of confinement ends at night’’ are substituted for 45:71 (last proviso) for clarity. The words ‘‘Animals may be confined for’’ are added because of the restatement. In clause (A), the words ‘‘more than 28 hours when the animals cannot be unloaded because of’’ are substituted for ‘‘unless prevented by’’ because of the restatement. The word ‘‘storm’’ is omitted as being included in ‘‘ac- cidental or unavoidable causes’’. The words ‘‘when being careful’’ are substituted for ‘‘by the exercise of due diligence and foresight’’ to eliminate unnecessary words. In clause (B), the words ‘‘36 consecutive hours when’’ are substituted for ‘‘Provided, That . . . the time of confinement may be extended to thirty-six hours’’ because of the restatement. The word ‘‘printed’’ is omitted as surplus. In subsection (a)(3), the words ‘‘but the time during which the animals have been confined without such rest or food or water on connecting roads shall be in- cluded, it being the intent of this chapter to prohibit their continuous confinement beyond the period of twenty-eight hours, except upon the contingencies hereinbefore stated’’ are omitted as unnecessary be- cause of the restatement. In subsection (b), before clause (1), the word ‘‘prop- erly’’ is omitted as surplus. The words ‘‘Animals being transported shall be unloaded’’ are added because of the restatement. In clause (1), the words ‘‘except that the owner or shipper may provide food’’ are substituted for ‘‘but nothing in this section shall be construed to pre- vent the owner or shipper of animals from furnishing food therefor, if he so desires’’ for clarity. In subsection (c), the word ‘‘proper’’ is omitted as surplus. In subsection (d), the words ‘‘liable to the United States Government for a civil penalty’’ are substituted for ‘‘liable for and forfeit and pay a penalty’’ in 45:73 for consistency in the revised title and with other titles of the Code. The words ‘‘On learning of a violation, the Attorney General shall bring a civil action to collect the penalty’’ are substituted for ‘‘The penalty created by section 73 of this title shall be recovered by civil ac- tion in the name of the United States’’ in 45:74 and ‘‘and it shall be the duty of United States attorneys to prosecute all violations of this chapter reported by the Secretary of Agriculture, or which come to their notice or knowledge by other means’’ to eliminate unneces- sary words and because of 28:509. The words ‘‘in the dis- trict court of the United States for the judicial dis- trict’’ are substituted for ‘‘in the circuit or district court holden within the district’’ in section 4 of the Act of June 29, 1906 (ch. 3594, 34 Stat. 608), because of sec- tion 291 of the Act of March 3, 1911 (ch. 231, 36 Stat. 1167), and for consistency in the revised title and with other titles of the Code. § 80503. Payments for inspection and quarantine services (a) GENERAL.—(1) In this subsection— (A) ‘‘private aircraft’’ means a civilian air- craft not being used to transport passengers or property for compensation. Page 1832 TITLE 49—TRANSPORTATION § 80504 (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 Agri- culture, 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 air- craft’s or vessel’s arrival in, or departure from, the United States. However, the owner, oper- ator, or agent does not have to pay for the serv- ices 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 in- strumentality 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 Treas- ury. The amount shall be credited to the appro- priation of the department, agency, or instru- mentality 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 ex- penses of performing an inspection or quar- antine 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 over- head expenses for inspection or quarantine serv- ice provided by the department, agency, or in- strumentality at an entry airport. (2) This subsection does not require reimburse- ment for costs incurred by the Secretary of the Treasury in providing customs services de- scribed 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.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 80503(a)(1) .. 49 App.:1741(d). May 21, 1970, Pub. L. 91–258, § 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, § 53(e); added Oct. 22, 1986, Pub. L. 99–514, § 1893(f), 100 Stat. 2930. In subsection (a)(1), the word ‘‘passengers’’ is sub- stituted 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 ‘‘com- pensation’’. In clause (B)(ii), the words ‘‘fishing or fish processing operations’’ are substituted for ‘‘fishing op- erations or in processing of fish or fish products’’ to eliminate unnecessary words. In subsection (a)(2), the words ‘‘or any other provi- sions 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 ante- meridian’’ 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 re- quired’’ 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 air- craft’’ are substituted for ‘‘as a consequence of the op- eration of aircraft’’, and the words ‘‘a place of inspec- tion’’ 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 in- strumentality may not assess’’ are substituted for ‘‘shall not be assessed against’’ because of the restate- ment. 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 li- abilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Sec- retary of Homeland Security, and for treatment of re- lated 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 Novem- ber 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 Se- curity, treated as if included in Pub. L. 107–296 as of Nov. 25, 2002, see section 211 of Title 6, as amended gen- erally 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. § 80504. Medals of honor (a) MEDALS.—The President may prepare and give a bronze medal of honor with emblematic devices to an individual who by extreme daring endangers that individual’s life in trying to pre- vent, or save the life of another in, a grave acci- dent in the United States involving a rail car- rier providing transportation in interstate com- merce or involving a motor vehicle on the public streets, roads, or highways. The President may give a medal only when sufficient evidence that the individual deserves the medal has been filed under regulations prescribed by the President. (b) RIBBONS, KNOTS, AND ROSETTES.—The President may give an individual who receives a medal a ribbon to be worn with the medal and a knot or rosette to be worn in place of the medal.