United States Code

USC most recently checked for updates: Feb 08, 2023

§ 8311.
Reimbursable agreements
(a)
Authority to enter into agreements

The Secretary may enter into reimbursable fee agreements with persons for preclearance of animals or articles at locations outside the United States for movement into the United States.

(b)
Funds collected for preclearance
Funds collected for preclearance activities—
(1)
may be collected in advance of the provision of such activities;
(2)
shall be credited as offsetting collections to the currently applicable appropriation, account, or fund of U.S. Customs and Border Protection;
(3)
shall remain available until expended;
(4)
shall be available for the purposes for which such appropriation, account, or fund is authorized to be used; and
(5)
may be collected and shall be available only to the extent provided in appropriations Acts.
(c)
Payment of employees
(1)
In general

Notwithstanding any other law, the Secretary may pay an officer or employee of the Department of Agriculture performing services under this chapter relating to imports into and exports from the United States for all overtime, night, or holiday work performed by the officer or employee at a rate of pay determined by the Secretary.

(2)
Reimbursement
(A)
In general

The Secretary may require a person for whom the services are performed to reimburse the Secretary for any expenses paid by the Secretary for the services under this subsection.

(B)
Use of funds
All funds collected under this subsection shall—
(i)
be credited to the account that incurs the costs; and
(ii)
remain available until expended, without fiscal year limitation.
(d)
Late payment penalties
(1)
Collection

On failure by a person to reimburse the Secretary in accordance with this section, the Secretary may assess a late payment penalty against the person, including interest on overdue funds, as required by section 3717 of title 31.

(2)
Use of funds
Any late payment penalty and any accrued interest shall—
(A)
be credited to the account that incurs the costs; and
(B)
remain available until expended, without fiscal year limitation.
(Pub. L. 107–171, title X, § 10412, May 13, 2002, 116 Stat. 503; Pub. L. 114–125, title VIII, § 818(b), Feb. 24, 2016, 130 Stat. 222.)
cite as: 7 USC 8311