republic-os/legal/us/code/title-07/chapter-109/section-8311.md

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LegalText	7 U.S.C. § 8311	Reimbursable agreements	us	united_states_code	code_section	7	AGRICULTURE	109	ANIMAL HEALTH PROTECTION	8311	7 U.S.C. § 8311	current	119-100	2026-06-26	official	https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc07@119-100.zip	/us/usc/t7/s8311	data/legal/raw/us/code/title-07/usc07.xml	5f15f8bdd4a311f7e7251df4a58a6dbd0191234f2f4a61a341b14782c55c49dc	50edab1679a711653797362c0aeb8f2273303fe473fb7fa16df1ee76bdd6e984	efb3b0e308aaf42902433654a1abc930fc59ec8429e014a19295d77fb51f46c1	2026-07-04	official	legal us-code

7 U.S.C. § 8311 - Reimbursable agreements

Text

(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.)

Notes

Editorial Notes

References in TextThis chapter, referred to in subsec. (c)(1), was in the original “this subtitle”, meaning subtitle E (§§ 10401–10418) of title X of Pub. L. 107–171, May 13, 2002, 116 Stat. 494, which is classified principally to this chapter. For complete classification of subtitle E to the Code, see Short Title note set out under section 8301 of this title and Tables.

Amendments2016—Subsec. (b). Pub. L. 114–125 amended subsec. (b) generally. Prior to amendment, text read as follows: “Funds collected for preclearance activities shall— “(1) be credited to accounts that may be established by the Secretary for carrying out this section; and “(2) remain available until expended for the preclearance activities, without fiscal year limitation.”

Statutory Notes and Related Subsidiaries

Transfer of Functions For transfer of functions of the Secretary of Agriculture relating to agricultural import and entry inspection activities under this chapter to the Secretary of Homeland Security, and for treatment of related references, see sections 231, 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.