§ 8311. Reimbursable agreements

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. 2002

   Pub. L. 107–171 title X § 10412 · 116 Stat. 134

   Enacted · 7 U.S.C. § 8311

   Pub. L. 107–171, title X, § 10412, May 13, 2002, 116 Stat. 503

   Source evidence

   Code source credit
   Pub. L. 107–171, title X, § 10412, May 13, 2002, 116 Stat. 503

   Enacted provision · exact public law section
   SEC. 10412. 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 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. (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 subtitle 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, United States Code. (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.

2. 2016

   Preclearance Authorization Act of 2015

   Pub. L. 114–125 title VIII § 818(b) · 130 Stat. 122

   Amended · 7 U.S.C. § 8311(b)

   Pub. L. 114–125 amended subsec. (b) generally. Prior to amendment, text read as follows: “Funds collected for preclearance activities shall—

   Source evidence

   Code amendment note
   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.”

   Enacted provision · exact public law section
   (b) Farm Security and Rural Investment Act of 2002.— Section 10412(b) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8311(b)) is amended to read as follows: “(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.” .

2 of 2 references resolved to an enrolled provision