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Title 21 — Food and Drugs

Chapter 4 — Animals, Meats, and Meat and Dairy Products

§ 136a. Collection of fees for inspection services

Statutory text

(a)

Quarantine and inspection fees

(1)

Fees authorized

The Secretary of Agriculture may prescribe and collect fees sufficient—

(A)

to cover the cost of providing agricultural quarantine and inspection services in connection with the arrival at a port in the customs territory of the United States, or the preclearance or preinspection at a site outside the customs territory of the United States, of an international passenger, commercial vessel, commercial aircraft, commercial truck, or railroad car;

(B)

to cover the cost of administering this subsection; and

(C)

through fiscal year 2002, to maintain a reasonable balance in the Agricultural Quarantine Inspection User Fee Account established under paragraph (5).

(2)

Limitation

In setting the fees under paragraph (1), the Secretary shall ensure that the amount of the fees is commensurate with the costs of agricultural quarantine and inspection services with respect to the class of persons or entities paying the fees. The costs of the services with respect to passengers as a class includes the costs of related inspections of the aircraft or other vehicle.

(3)

Status of fees

Fees collected under this subsection by any person on behalf of the Secretary are held in trust for the United States and shall be remitted to the Secretary in such manner and at such times as the Secretary may prescribe.

(4)

Late payment penalties

If a person subject to a fee under this subsection fails to pay the fee when due, the Secretary shall assess a late payment penalty, and the overdue fees shall accrue interest, as required by section 3717 of title 31.

(5)

Agricultural Quarantine Inspection User Fee Account

(A)

Establishment

There is established in the Treasury of the United States a fund, to be known as the “Agricultural Quarantine Inspection User Fee Account”, which shall contain all of the fees collected under this subsection and late payment penalties and interest charges collected under paragraph (4) through fiscal year 2002.

(B)

Use of account

For each of fiscal years 1996 through 2002, funds in the Agricultural Quarantine Inspection User Fee Account shall be available, in such amounts as are provided in advance in appropriations Acts, to cover the costs associated with the provision of agricultural quarantine and inspection services and the administration of this subsection. Amounts made available under this subparagraph shall be available until expended.

(C)

Excess fees

Fees and other amounts collected under this subsection in any of fiscal years 1996 through 2002 in excess of $100,000,000 shall be available for the purposes specified in subparagraph (B) until expended, without further appropriation.

(6)

Use of amounts collected after fiscal year 2002

After , the unobligated balance in the Agricultural Quarantine Inspection User Fee Account and fees and other amounts collected under this subsection shall be credited to the Department of Agriculture accounts that incur the costs associated with the provision of agricultural quarantine and inspection services and the administration of this subsection. The fees and other amounts shall remain available to the Secretary until expended without fiscal year limitation.

(7)

Staff years

The number of full-time equivalent positions in the Department of Agriculture attributable to the provision of agricultural quarantine and inspection services and the administration of this subsection shall not be counted toward the limitation on the total number of full-time equivalent positions in all agencies specified in section 5(b) of the Federal Workforce Restructuring Act of 1994 (Public Law 103–226; 5 U.S.C. 3101 note) or other limitation on the total number of full-time equivalent positions.

(b)

Omitted

(c)

Animal inspection and veterinary diagnostics

(1)

Animal inspection

The Secretary may prescribe and collect fees to reimburse the Secretary for the cost of carrying out the provisions of the Federal Animal Quarantine Laws that relate to the importation, entry, and exportation of animals, articles, or means of conveyance.

(2)

Veterinary diagnostics

The Secretary may prescribe and collect fees to recover the costs of carrying out the provisions of the Animal Health Protection Act [7 U.S.C. 8301 et seq.] that relate to veterinary diagnostics.

(3)

Fees

All fees collected pursuant to this subsection and any late payment penalties or accrued interest collected pursuant to this subsection shall be credited to the accounts that incur the cost and shall remain available until expended without fiscal year limitation.

(4)

Liability

Any person for whom an activity related to the importation, entry, or exportation of an animal, article, or means of conveyance or relating to veterinary diagnostics, is performed pursuant to the section, shall be liable for payment of fees assessed. Upon failure to pay such fees when due, the Secretary shall assess a late payment penalty, and such overdue fees shall accrue interest, as required by section 3717 of title 31. All fees, late payment penalties, and accrued interest collected shall be credited to such accounts that incur the costs and shall remain available until expended without fiscal year limitation.

(5)

Leins 1

(A)

In general

The Secretary shall have a lien against the animal, article, means of conveyance, or facility for which services have been provided under this section for the fees, any late payment penalty, and any accrued interest assessed under this subsection.

(B)

Other animals, etc.

In the case of any person who fails to make payment when due under this subsection, the Secretary shall have a lien against any animal, article, or means of conveyance thereafter imported, moved in interstate commerce, or attempted to be exported by the person after the date of such failure until the date on which such owner or operator make 2 full payment to the Secretary under this subsection.

(C)

Sales of animals, etc.

(i)

Authority

The Secretary may, if a person does not pay fees, late payment penalties, or accrued interest on such, after providing reasonable notice of default to such person, sell at public sale after reasonable public notice, or otherwise dispose of, any such animal, article, means of conveyance or facility on which the Secretary has a lien under this paragraph.

(ii)

Excess proceeds

If the sale proceeds under clause (i) exceed the fees due, any late payment penalty assessed, any accrued interest on such, and the expenses associated with the sale, such excess shall be paid to the owner of the animal, article, means of conveyance, or facility if such owner submits an application for such excess together with proof of ownership not later than 6 months after the date of such sale. If no such application is made, such excess shall be credited to accounts that incur the costs associated with the fees collected and shall remain available until expended, without fiscal year limitation. The Secretary shall suspend performance of services to persons who have failed to pay fees, late payment penalty, or accrued interest under this section.

(d)

Regulations

The Secretary may prescribe such regulations as the Secretary determines necessary to carry out the provisions of this section.

(e)

Recovery of amounts owed

An action may be brought for the recovery of fees, late payment penalties, and accrued interest which have not been paid in accordance with this section against any person obligated for payment of such assessments under this section in any United States district court or other United States court for any territory or possession in any jurisdiction in which such person is found or resides or transacts business, and such court shall have jurisdiction to hear and decide such action.

(f)

Definitions

(1)

Animal quarantine laws

For purposes of this section, the term “animal quarantine laws” means—

(A)

section 306 of the Tariff Act of 1930 3 (19 U.S.C. 1306);

(B)

section 9 of the Act of August 30, 1890 (21 U.S.C. 101);

(C)

the Animal Health Protection Act [7 U.S.C. 8301 et seq.]; or

(D)

any other Act administered by the Secretary relating to plant or animal diseases or pests.

(2)

Customs territory

For the purposes of subsection (a), the term “customs territory of the United States” means the 50 States, the District of Columbia, and Puerto Rico.

(3)

Person

For the purposes of this section, the term “person” means an individual, corporation, partnership, trust, association, or any other public or private entity, or any officer, employee, or agent thereof.

(4)

United States

For the purposes of subsection (b), the term “United States” means the several States of the United States, the District of Columbia, Guam, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, the Virgin Islands of the United States, and all other territories and possessions of the United States.

(5)

Vessel

For the purposes of subsection (a), the term “vessel” does not include any ferry.

Footnotes

  1. 1 So in original. Probably should be “Liens”.
  2. 2 So in original. Probably should be “makes”.
  3. 3 See References in Text note below.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Food, Agriculture, Conservation, and Trade Act of 1990

    Pub. L. 101–624 title XXV § 2509 · 104 Stat. 3359

    Enacted · 21 U.S.C. § 136a

    Pub. L. 101–624, title XXV, § 2509, Nov. 28, 1990, 104 Stat. 4069

    Source evidence

    Code source credit
    Pub. L. 101–624, title XXV, § 2509, Nov. 28, 1990, 104 Stat. 4069

    Enacted provision · exact public law section
    SEC. 2509. COLLECTION OF FEES FOR INSPECTION SERVICES. (a) Quarantine, Inspection and Transportation Fees.— (1) Quarantine and inspection.— The Secretary of Agriculture (hereafter referred to in this section as the “Secretary”) may prescribe and collect fees to cover the cost of providing agricultural quarantine and inspection services in connection with the arrival at a port in the customs territory of the United States, or the preclearance or preinspection at a site outside the customs territory of the United States, of a commercial vessel, commercial aircraft, commercial truck, or railroad car, (2) Treasury.— Any person who collects a fee under this subsection shall remit such fee to the Treasury of the United States prior to the date that is 31 days after the close of the calendar quarter in which such fee is collected. (3) Agricultural quarantine inspection user fee account.— (A) Establishment.— There is established in the Treasury of the United States a no-year fund, to be known as the “Agricultural Quarantine Inspection User Fee Account” (hereafter referred to in this section as the “Account”), for the use of the Secretary for quarantine or inspection services under this section. (B) Amounts in account.— (i) Deposits.— All of the fees collected under this subsection shall be deposited in the Account. (ii) Reimbursement.— The Secretary of Treasury shall use the Account to provide reimbursements to any appropriations accounts that incur the costs associated with the services authorized in paragraph (1). (iii) Procedure.— The Secretary of the Treasury shall make reimbursement under clause (ii) on a quarterly basis. Amounts required to be reimbursed under clause (ii), shall be made on the basis of estimates made by the Secretary of the expenses described in clause (ii) that are incurred by the Secretary in the 3-month period immediately preceding such reimbursement. (iv) Adjustments.— Adjustments of reimbursements made under clause (ii) shall be made to the extent necessary to correct prior estimates that were in excess of, or less than, the amount required to be reimbursed under clause (iii). (4) Adjustment in fee amounts.— The Secretary shall adjust the amount of the fees to be assessed under this subsection to reflect the cost to the Secretary in administering such subsection, in carrying out the activities at ports in customs territory of the United States and preclearance and preinspection sites outside the customs territory of the United States in connection with the provision of agricultural quarantine inspection services, and in maintaining a reasonable balance in the Account. (b) Plant Inspection.— Subsection (f) of section 102 of the Act of September 21, 1944 (7 U.S.C. 147a(f)), is amended to read as follows: (f) (1) Notwithstanding paragraph (2), there are authorized to be appropriated such sums as may be necessary to carry out the provisions of this section. Unless otherwise specifically authorized or provided for in appropriations Acts, no part of such sums shall be used to pay the cost or value of property injured or destroyed. “(2) The Secretary of Agriculture is authorized to prescribe and collect fees to recover the costs of providing for the inspection of plants and plant products offered for export or transiting the United States and certifying to shippers and interested parties as to the freedom of such plants and plant products from plant pests according to the phytosanitary requirements of the foreign countries to which such plants and plant products may be exported, or to the freedom from exposure to plant pests while in transit through the United States. Any person for whom such an activity is performed shall be liable for payment of fees assessed. Upon failure to pay such fees when due, the Secretary of Agriculture shall assess a late payment penalty, and such overdue fees shall accrue interest, as required by section 3717 of title 31, United States Code. All fees, late payment penalties, and accrued interest collected shall be credited to such accounts that incur the costs and shall remain available until expended without fiscal year limitation. The Secretary of Agriculture shall have a lien for the fees, any late payment penalty, and any accrued interest assessed against the plant or plant product for which services have been provided. In the case of any person who fails to make payment when due, the Secretary of Agriculture shall also have a lien against any plant or plant product thereafter attempted to be exported by such person. The Secretary of Agriculture may, in case of nonpayment of the fees, late payment penalty, or accrued interest, after giving reasonable notice of default to the person liable for payment of such assessments, sell at public sale after reasonable public notice, or otherwise dispose of, any such plant or plant product upon which the Secretary of Agriculture has a lien pursuant to this section. If the sale proceeds exceed the fees due, any late payment penalty assessed, any accrued interest and the expenses of the sale, the excess shall be paid, in accordance with regulations of the Secretary of Agriculture, to the owner of the plant or plant product sold upon the owner making application therefore with proof of ownership, within six months after such sale, and otherwise the excess shall be credited to accounts that incur the costs and shall remain available until expended. The Secretary of Agriculture shall, pursuant to regulations as prescribed by the Secretary of Agriculture, suspend performance of services to persons who have failed to pay such fees, late payment penalty and accrued interest.”. (c) Animal Inspection and Veterinary Diagnostics.— (1) Animal inspection.— The Secretary may prescribe and collect fees to reimburse the Secretary for the cost of carrying out the provisions of the Federal Animal Quarantine Laws that relate to the importation, entry, and exportation of animals, articles, or means of conveyance. (2) Veterinary diagnostics.— Section 11 of the Act of May 29, 1884 (58 Stat. 734, as amended, 21 U.S.C. 114a), is amended by inserting immediately following the first sentence: “The Secretary of Agriculture is authorized to prescribe and collect fees to recover the costs of carrying out the provisions of this section which relate to veterinary diagnostics.”. (3) Fees.— All fees collected pursuant to this subsection and any late payment penalties or accrued interest collected pursuant to this subsection shall be credited to the accounts that incur the cost and shall remain available until expended without fiscal year limitation. (4) Liability.— Any person for whom an activity related to the importation, entry, or exportation of an animal, article, or means of conveyance or relating to veterinary diagnostics, is performed pursuant to the section, shall be liable for payment of fees assessed. Upon failure to pay such fees when due, the Secretary shall assess a late payment penalty, and such overdue fees shall accrue interest, as required by section 3717 of title 31, United States Code. All fees, late payment penalties, and accrued interest collected shall be credited to such accounts that incur the costs and shall remain available until expended without fiscal year limitation. (5) Leins.— (A) In general.— The Secretary shall have a lien against the animal, article, means of conveyance, or facility for which services have been provided under this section for the fees, any late payment penalty, and any accrued interest assessed under this subsection. (B) Other animals, etc.— In the case of any person who fails to make payment when due under this subsection, the Secretary shall nave a lien against any animal, article, or means of conveyance thereafter imported, moved in inter-state commerce, or attempted to be exported by the person after the date of such failure until the date on which such owner or operator make full payment to the Secretary under this subsection. (C) Sales of animals, etc.— (i) Authority.— The Secretary may, if a person does not pay fees, late payment penalties, or accrued interest on such, after providing reasonable notice of default to such person, sell at public sale after reasonable public notice, or otherwise dispose of, any such animal, article, means of conveyance or facility on which the Secretary has a lien under this paragraph. (ii) Excess proceeds.— If the sale proceeds under clause (i) exceed the fees due, any late payment penalty assessed, any accrued interest on such, and the expenses associated with the sale, such excess shall be paid to the owner of the animal, article, means of conveyance, or facility if such owner submits an application for such excess together with proof of ownership not later than 6 months after the date of such sale. If no such application is made, such excess shall be credited to accounts that incur the costs associated with the fees collected and shall remain available until expended, without fiscal year limitation. The Secretary shall suspend performance of services to persons who have failed to pay fees, late payment penalty, or accrued interest under this section. (d) Regulations.— The Secretary may prescribe such regulations as the Secretary determines necessary to carry out the provisions of this section. (e) Recovery of Amounts Owed.— An action may be brought for the recovery of fees, late payment penalties, and accrued interest which have not been paid in accordance with this section against any person obligated for payment of such assessments under this section in any United States district court or other United States court for any territory or possession in any jurisdiction in which such person is found or resides or transacts business, and such court shall have jurisdiction to hear and decide such action. (f) Definitions.— (1) Animal quarantine laws.— For purposes of this section, the term “animal quarantine laws” means— (A) section 306 of the Tariff Act of 1930 (19 U.S.C. 1306); (B) sections 6 through 10 of the Act of August 30, 1890 (26 Stat. 416, chapter 839; 21 U.S.C. 101–105); (C) section 2 of the Act of February 2, 1903 (32 Stat. 792, chapter 349; 21 U.S.C. 111); (D) the Act of May 29, 1884 (23 Stat. 32, chapter 60; 21 U.S.C. 112 to 114a–1, 115, 117–119, and 130) (commonly known as the “Animal Industry Act”); (E) the Act of February 28, 1947 (61 Stat. 7, chapter 8; 21 U.S.C. 114b, 114c, and 114d–1); (F) the Act of June 16, 1948 (62 Stat. 458, chapter 477; 21 U.S.C. 114e and 114f); (G) Public Law 87–209 (21 U.S.C. 114g and U4h); (H) the Act of May 31, 1920 (41 Stat. 699, chapter 217; 21 U.S.C. 116); (I) the Act of February 2, 1903 (32 Stat. 791, chapter 349; 21 U.S.C. 112 and 120–122) (commonly known as the “Cattle Contagious Diseases Act of 1903”); (J) the Act of March 3, 1905 (33 Stat. 1264, chapter 1496; 21 U.S.C. 123–127) (commonly known as the “Cattle Contagious Diseases Act of 1905”); (K) the matter under the heading “Bureau of Animal Industry” of the Act of June 30, 1914 (38 Stat. 419, chapter 131; 21 U.S.C. 128); (L) section 101 of Public Law 92–73 (21 U.S.C. 129); (M) the matter under the heading “Miscellaneous” of the Act of May 26, 1910 (36 Stat. 440, chapter 256; 21 U.S.C. 131); (N) sections 1 through 6 and 11 through 13 of Public Law 87–518 (21 U.S.C. 134–134h); or (O) any other Act administered by the Secretary relating to plant or animal diseases or pests, other than the first section of Public Law 91–239 (21 U.S.C. 135). (2) Customs territory.— For the purposes of subsection (a), the term “customs territory of the United States” means the 50 States, the District of Columbia, and Puerto Rico. (3) Person.— For the purposes of this section, the term “person” means an individual, corporation, partnership, trust, association, or any other public or private entity, or any officer, employee, or agent thereof. (4) United states.— For the purposes of subsection (b), the term “United States” means the several States of the United States, the District of Columbia, Guam, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, the Virgin Islands of the United States, and all other territories and possessions of the United States. (5) Vessel.— For the purposes of subsection (a), the term “vessel” does not include any ferry.

  2. Agricultural Reconciliation Act of 1990

    Pub. L. 101–508 § 1203(1) · 104 Stat. 1388

    Substituted · 21 U.S.C. § 136a(a)(1)

    Pub. L. 101–508, § 1203(1), substituted “an international passenger, commercial vessel, commercial aircraft, commercial truck, or railroad car.” for “a commercial vessel, commercial aircraft, commercial truck, or railroad car,”

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 101–508, § 1203(1), substituted “an international passenger, commercial vessel, commercial aircraft, commercial truck, or railroad car.” for “a commercial vessel, commercial aircraft, commercial truck, or railroad car,”.

    Enacted provision · exact public law section
    (1) in paragraph (1), by striking “a commercial vessel, commercial aircraft, commercial truck, or railroad car,” and inserting “an international passenger, commercial vessel, commercial aircraft, commercial truck, or railroad car.”; and

    Effective date note
    Amendment by Pub. L. 101–508 effective Nov. 29, 1990, see section 1301 of Pub. L. 101–508, set out as an Effective Date note under section 1994 of Title 7, Agriculture.

  3. Agricultural Reconciliation Act of 1990

    Pub. L. 101–508 § 1203(2)(A) · 104 Stat. 1388

    Inserted · 21 U.S.C. § 136a(a)(3)(B)(ii)

    Pub. L. 101–508, § 1203(2)(A), inserted at end “Any such reimbursement shall be subject to appropriations under clause (v).”

    Source evidence

    Code amendment note
    Subsec. (a)(3)(B)(ii). Pub. L. 101–508, § 1203(2)(A), inserted at end “Any such reimbursement shall be subject to appropriations under clause (v).”

    Enacted provision · exact public law section
    (A) by adding at the end of clause (ii) the following: “Any such reimbursement shall be subject to appropriations under clause (v).”; and

    Effective date note
    Amendment by Pub. L. 101–508 effective Nov. 29, 1990, see section 1301 of Pub. L. 101–508, set out as an Effective Date note under section 1994 of Title 7, Agriculture.

  4. Agricultural Reconciliation Act of 1990

    Pub. L. 101–508 § 1203(2)(B) · 104 Stat. 1388

    Added · 21 U.S.C. § 136a(a)(3)(B)(v)

    Pub. L. 101–508, § 1203(2)(B), added cl. (v)

    Source evidence

    Code amendment note
    Subsec. (a)(3)(B)(v). Pub. L. 101–508, § 1203(2)(B), added cl. (v).

    Enacted provision · exact public law section
    (B) by adding at the end the following new clause: “(v) Authorization of appropriations—There are authorized to be appropriated each fiscal year amounts in the Fund for use for quarantine or inspection services.”.

    Effective date note
    Amendment by Pub. L. 101–508 effective Nov. 29, 1990, see section 1301 of Pub. L. 101–508, set out as an Effective Date note under section 1994 of Title 7, Agriculture.

  5. Pub. L. 102–237 § 1015(1) · 105 Stat. 1818

    1. Amended · 21 U.S.C. § 136a(a)(1)

      Pub. L. 102–237, § 1015(1), designated existing provisions as subpar. (A), realigned margin

    2. Added · 21 U.S.C. § 136a(a)(1)

      Pub. L. 102–237, § 1015(1), added heading

    3. Added · 21 U.S.C. § 136a(a)(1)

      Pub. L. 102–237, § 1015(1), added subpars. (B) to (D)

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 102–237, § 1015(1), designated existing provisions as subpar. (A), realigned margin, added heading, and added subpars. (B) to (D).

    Enacted provision · exact public law section
    (1) in paragraph (1)— (A) by striking “(1) QUARANTINE AND INSPECTION.—The Secretary” and inserting the following: “(1) Quarantine and inspection.— “(A) In General.— The Secretary”; (B) by indenting 2 ems the left margin of paragraph (1); and (C) by adding at the end the following new subparagraphs: “(B) Airport inspection services.— For airport inspection services, the Secretary shall collect no more than $69,000,000 in fiscal year 1992 and $75,000,000 in fiscal year 1993 from international airline passengers and commercial aircraft operators. “(C) Commercial truck and railroad car inspection services.— For commercial truck and railroad car inspection services, the Secretary shall collect no more than $3,667,000 in fiscal year 1992 and $3,890,000 in fiscal year 1993 from commercial truck and railroad car operators. “(D) Costs.— Fees, including fees from international airline passengers and commercial aircraft operators, may only be collected to the extent that the Secretary reasonably estimates that the amount of the fees are commensurate with the costs of agricultural quarantine and inspection services with respect to the class of persons or entities paying the fees. The costs of such services with respect to passengers as a class includes the costs of related inspections of the aircraft.”;

  6. Pub. L. 102–237 § 1015(2) · 105 Stat. 1818

    1. Added · 21 U.S.C. § 136a(a)(3)(B)(ii)

      Pub. L. 102–237, § 1015(2), added cl. (ii)

    2. Struck · 21 U.S.C. § 136a(a)(3)(B)(ii)

      Pub. L. 102–237, § 1015(2), struck out former cl. (ii) which read as follows: “The Secretary of Treasury shall use the Account to provide reimbursements to any appropriations accounts that incur the costs associated with the services authorized in paragraph (1). Any such reimbursement shall be subject to appropriations under clause (v).”

    Source evidence

    Code amendment note
    Subsec. (a)(3)(B)(ii). Pub. L. 102–237, § 1015(2), added cl. (ii) and struck out former cl. (ii) which read as follows: “The Secretary of Treasury shall use the Account to provide reimbursements to any appropriations accounts that incur the costs associated with the services authorized in paragraph (1). Any such reimbursement shall be subject to appropriations under clause (v).”

    Enacted provision · exact public law section
    (2) in paragraph (3)(B), by striking clause (ii) and inserting the following new clause: “(ii) Reimbursement.— The Secretary of the Treasury shall use the Account to provide reimbursements to any appropriation accounts that incur the costs associated with the administration of this subsection and all other activities carried out by the Secretary at ports in the customs territory of the United States and at preclearance or preinspection sites outside the customs territory of the United States in connection with the enforcement of the animal quarantine laws. Any such reimbursement shall be subject to appropriations under clause (v).”; and

  7. Pub. L. 102–237 § 1015(3) · 105 Stat. 1818

    Substituted · 21 U.S.C. § 136a(a)(4)

    Pub. L. 102–237, § 1015(3), substituted “Subject to the limits set forth in paragraph (1), the” for “The”

    Source evidence

    Code amendment note
    Subsec. (a)(4). Pub. L. 102–237, § 1015(3), substituted “Subject to the limits set forth in paragraph (1), the” for “The”.

    Enacted provision · exact public law section
    (3) in paragraph (4), by striking “The” and inserting “Subject to the limits set forth in paragraph (1), the”.

  8. Federal Agriculture Improvement and Reform Act of 1996

    Pub. L. 104–127 title IX § 917 · 110 Stat. 888

    1. Added · 21 U.S.C. § 136a(a)

      Pub. L. 104–127 added subsec. (a)

    2. Struck · 21 U.S.C. § 136a(a)

      Pub. L. 104–127 struck out heading and text of former subsec. (a) which consisted of pars. (1) to (4) relating to quarantine, inspection, and transportation fees

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 104–127 added subsec. (a) and struck out heading and text of former subsec. (a) which consisted of pars. (1) to (4) relating to quarantine, inspection, and transportation fees.

    Enacted provision · exact public law section
    SEC. 917. COLLECTION AND USE OF AGRICULTURAL QUARANTINE AND INSPECTION FEES. Section 2509 of the Food, Agriculture, Conservation, and Trade Act of 1990 (21 U.S.C. 136a) is amended by striking subsection (a) and inserting the following: “(a) Quarantine and Inspection Fees.— “(1) Fees authorized.— The Secretary of Agriculture may prescribe and collect fees sufficient— “(A) to cover the cost of providing agricultural quarantine and inspection services in connection with the arrival at a port in the customs territory of the United States, or the preclearance or preinspection at a site outside the customs territory of the United States, of an international passenger, commercial vessel, commercial aircraft, commercial truck, or railroad car; “(B) to cover the cost of administering this subsection; and “(C) through fiscal year 2002, to maintain a reasonable balance in the Agricultural Quarantine Inspection User Fee Account established under paragraph (5). “(2) Limitation.— In setting the fees under paragraph (1), the Secretary shall ensure that the amount of the fees is commensurate with the costs of agricultural quarantine and inspection services with respect to the class of persons or entities paying the fees. The costs of the services with respect to passengers as a class includes the costs of related inspections of the aircraft or other vehicle. “(3) Status of fees.— Fees collected under this subsection by any person on behalf of the Secretary are held in trust for the United States and shall be remitted to the Secretary in such manner and at such times as the Secretary may prescribe. “(4) Late payment penalties.— If a person subject to a fee under this subsection fails to pay the fee when due, the Secretary shall assess a late payment penalty, and the overdue fees shall accrue interest, as required by section 3717 of title 31, United States Code. “(5) Agricultural quarantine inspection user fee account.— “(A) Establishment.— There is established in the Treasury of the United States a fund, to be known as the ‘Agricultural Quarantine Inspection User Fee Account’, which shall contain all of the fees collected under this subsection and late payment penalties and interest charges collected under paragraph (4) through fiscal year 2002. “(B) Use of account.— For each of fiscal years 1996 through 2002, funds in the Agricultural Quarantine Inspection User Fee Account shall be available, in such amounts as are provided in advance in appropriations Acts, to cover the costs associated with the provision of agricultural quarantine and inspection services and the administration of this subsection. Amounts made available under this subparagraph shall be available until expended. “(C) Excess fees.— Fees and other amounts collected under this subsection in any of fiscal years 1996 through 2002 in excess of $100,000,000 shall be available for the purposes specified in subparagraph (B) until expended, without further appropriation. “(6) Use of amounts collected after fiscal year 2002.— After September 30, 2002, the unobligated balance in the Agricultural Quarantine Inspection User Fee Account and fees and other amounts collected under this subsection shall be credited to the Department of Agriculture accounts that incur the costs associated with the provision of agricultural quarantine and inspection services and the administration of this subsection. The fees and other amounts shall remain available to the Secretary until expended without fiscal year limitation. “(7) Staff years.— The number of full-time equivalent positions in the Department of Agriculture attributable to the provision of agricultural quarantine and inspection services and the administration of this subsection shall not be counted toward the limitation on the total number of full-time equivalent positions in all agencies specified in section 5(b) of the Federal Workforce Restructuring Act of 1994 (Public Law 103226; 5 U.S.C. 3101 note) or other limitation on the total number of full-time equivalent positions.”.

  9. Pub. L. 107–171 § 10418(b)(5)(A) · 116 Stat. 134

    Added · 21 U.S.C. § 136a(c)(2)

    Pub. L. 107–171, § 10418(b)(5)(A), added par. (2) relating to veterinary diagnostics

    Source evidence

    Code amendment note
    Subsec. (c)(2). Pub. L. 107–171, § 10418(b)(5)(A), added par. (2) relating to veterinary diagnostics.

    Enacted provision · exact public law section
    (A) in subsection (c), by inserting after paragraph (1) the following: “(2) Veterinary diagnostics.— The Secretary may prescribe and collect fees to recover the costs of carrying out the provisions of the Animal Health Protection Act that relate to veterinary diagnostics.”; and

  10. Pub. L. 107–171 § 10418(b)(5)(B) · 116 Stat. 134

    1. Added · 21 U.S.C. § 136a(f)(1)(B)(O)

      Pub. L. 107–171, § 10418(b)(5)(B), added subpars. (B) to (D)

    2. Struck · 21 U.S.C. § 136a(f)(1)(B)(O)

      Pub. L. 107–171, § 10418(b)(5)(B), struck out former subpars. (B) to (O), which read as follows:

    Source evidence

    Code amendment note
    Subsec. (f)(1)(B) to (O). Pub. L. 107–171, § 10418(b)(5)(B), added subpars. (B) to (D) and struck out former subpars. (B) to (O), which read as follows:

    “(B) sections 6 through 10 of the Act of August 30, 1890 (26 Stat. 416, chapter 839; 21 U.S.C. 101–105); “(C) section 2 of the Act of February 2, 1903 (32 Stat. 792, chapter 349; 21 U.S.C. 111); “(D) the Act of May 29, 1884 (23 Stat. 32, chapter 60; 21 U.S.C. 112 to 114a–1, 115, 117–119, and 130) (commonly known as the ‘Animal Industry Act’); “(E) the Act of February 28, 1947 (61 Stat. 7, chapter 8; 21 U.S.C. 114b, 114c, and 114d–1); “(F) the Act of June 16, 1948 (62 Stat. 458, chapter 477; 21 U.S.C. 114e and 114f); “(G) Public Law 87–209 (21 U.S.C. 114g and 114h); “(H) the Act of May 31, 1920 (41 Stat. 699, chapter 217; 21 U.S.C. 116); “(I) the Act of February 2, 1903 (32 Stat. 791, chapter 349; 21 U.S.C. 112 and 120–122) (commonly known as the ‘Cattle Contagious Diseases Act of 1903’); “(J) the Act of March 3, 1905 (33 Stat. 1264, chapter 1496; 21 U.S.C. 123–127) (commonly known as the ‘Cattle Contagious Diseases Act of 1905’); “(K) the matter under the heading ‘Bureau of Animal Industry’ of the Act of June 30, 1914 (38 Stat. 419, chapter 131; 21 U.S.C. 128); “(L) section 101 of Public Law 92–73 (21 U.S.C. 129); “(M) the matter under the heading ‘Miscellaneous’ of the Act of May 26, 1910 (36 Stat. 440, chapter 256; 21 U.S.C. 131); “(N) sections 1 through 6 and 11 through 13 of Public Law 87–518 (21 U.S.C. 134–134h); or “(O) any other Act administered by the Secretary relating to plant or animal diseases or pests, other than the first section of Public Law 91–239 (21 U.S.C. 135).”

    Enacted provision · exact public law section
    (B) in subsection (f)(1), by striking subparagraphs (B) through (O) and inserting the following: “(B) section 9 of the Act of August 30, 1890 (21 U.S.C. 101); “(C) the Animal Health Protection Act; or “(D) any other Act administered by the Secretary relating to plant or animal diseases or pests.”.

15 of 15 references resolved to an enrolled provision

Editorial Notes

References in Text

The Animal Health Protection Act, referred to in subsecs. (c)(2), (f)(1)(C), is subtitle E (§§ 10401–10418) of title X of Pub. L. 107–171, , 116 Stat. 494, which is classified principally to chapter 109 (§ 8301 et seq.) of Title 7, Agriculture. For complete classification of this Act to the Code, see Short Title note set out under section 8301 of Title 7 and Tables.

Section 306 of the Tariff Act of 1930 (19 U.S.C. 1306), referred to in subsec. (f)(1)(A), was repealed by Pub. L. 107–171, title X, § 10418(a)(5), , 116 Stat. 507.

Codification

Section is comprised of section 2509 of Pub. L. 101–624. Subsec. (b) and another subsec. (c)(2) of section 2509 of Pub. L. 101–624 amended section 7759(f) of Title 7, Agriculture, and section 114a of this title, respectively.

Amendments1990–2002 · 4 rounds

2002

Subsec. (c)(2). Pub. L. 107–171, § 10418(b)(5)(A), added par. (2) relating to veterinary diagnostics.

Subsec. (f)(1)(B) to (O). Pub. L. 107–171, § 10418(b)(5)(B), added subpars. (B) to (D) and struck out former subpars. (B) to (O), which read as follows:

“(B) sections 6 through 10 of the Act of (26 Stat. 416, chapter 839; 21 U.S.C. 101–105);

“(C) section 2 of the Act of February 2, 1903 (32 Stat. 792, chapter 349; 21 U.S.C. 111);

“(D) the Act of (23 Stat. 32, chapter 60; 21 U.S.C. 112 to 114a–1, 115, 117–119, and 130) (commonly known as the ‘Animal Industry Act’);

“(E) the Act of (61 Stat. 7, chapter 8; 21 U.S.C. 114b, 114c, and 114d–1);

“(F) the Act of (62 Stat. 458, chapter 477; 21 U.S.C. 114e and 114f);

“(G) Public Law 87–209 (21 U.S.C. 114g and 114h);

“(H) the Act of (41 Stat. 699, chapter 217; 21 U.S.C. 116);

“(I) the Act of (32 Stat. 791, chapter 349; 21 U.S.C. 112 and 120–122) (commonly known as the ‘Cattle Contagious Diseases Act of 1903’);

“(J) the Act of (33 Stat. 1264, chapter 1496; 21 U.S.C. 123–127) (commonly known as the ‘Cattle Contagious Diseases Act of 1905’);

“(K) the matter under the heading ‘Bureau of Animal Industry’ of the Act of (38 Stat. 419, chapter 131; 21 U.S.C. 128);

“(L) section 101 of Public Law 92–73 (21 U.S.C. 129);

“(M) the matter under the heading ‘Miscellaneous’ of the Act of (36 Stat. 440, chapter 256; 21 U.S.C. 131);

“(N) sections 1 through 6 and 11 through 13 of Public Law 87–518 (21 U.S.C. 134–134h); or

“(O) any other Act administered by the Secretary relating to plant or animal diseases or pests, other than the first section of Public Law 91–239 (21 U.S.C. 135).”

1996

Subsec. (a). Pub. L. 104–127 added subsec. (a) and struck out heading and text of former subsec. (a) which consisted of pars. (1) to (4) relating to quarantine, inspection, and transportation fees.

1991

Subsec. (a)(1). Pub. L. 102–237, § 1015(1), designated existing provisions as subpar. (A), realigned margin, added heading, and added subpars. (B) to (D).

Subsec. (a)(3)(B)(ii). Pub. L. 102–237, § 1015(2), added cl. (ii) and struck out former cl. (ii) which read as follows: “The Secretary of Treasury shall use the Account to provide reimbursements to any appropriations accounts that incur the costs associated with the services authorized in paragraph (1). Any such reimbursement shall be subject to appropriations under clause (v).”

Subsec. (a)(4). Pub. L. 102–237, § 1015(3), substituted “Subject to the limits set forth in paragraph (1), the” for “The”.

1990

Subsec. (a)(1). Pub. L. 101–508, § 1203(1), substituted “an international passenger, commercial vessel, commercial aircraft, commercial truck, or railroad car.” for “a commercial vessel, commercial aircraft, commercial truck, or railroad car,”.

Subsec. (a)(3)(B)(ii). Pub. L. 101–508, § 1203(2)(A), inserted at end “Any such reimbursement shall be subject to appropriations under clause (v).”

Subsec. (a)(3)(B)(v). Pub. L. 101–508, § 1203(2)(B), added cl. (v).

Statutory Notes and Related Subsidiaries

Effective Date of 1990 Amendment

Amendment by Pub. L. 101–508 effective , see section 1301 of Pub. L. 101–508, set out as an Effective Date note under section 1994 of Title 7, Agriculture.

Report on Agricultural Quarantine Inspection Fund

Pub. L. 104–66, title I, § 1012(c), , 109 Stat. 712, provided that: “The Secretary of Agriculture shall not be required to submit a report to the appropriate committees of Congress on the status of the Agricultural Quarantine Inspection fund more frequently than annually.”

Credits

1990–2002 · 5 acts
  1. 1990Pub. L. 101–624, title XXV, § 2509, , 104 Stat. 4069
  2. 1990Pub. L. 101–508, title I, § 1203, , 104 Stat. 1388–11
  3. 1991Pub. L. 102–237, title X, § 1015, , 105 Stat. 1902
  4. 1996Pub. L. 104–127, title IX, § 917, , 110 Stat. 1187
  5. 2002Pub. L. 107–171, title X, § 10418(b)(5), , 116 Stat. 509.
Show as published

(Pub. L. 101–624, title XXV, § 2509, , 104 Stat. 4069; Pub. L. 101–508, title I, § 1203, , 104 Stat. 1388–11; Pub. L. 102–237, title X, § 1015, , 105 Stat. 1902; Pub. L. 104–127, title IX, § 917, , 110 Stat. 1187; Pub. L. 107–171, title X, § 10418(b)(5), , 116 Stat. 509.)

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