Quarantine and inspection fees
Fees authorized
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.
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.
Late payment penalties
section 3717 of title 31If 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 .
Agricultural Quarantine Inspection User Fee Account
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.
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.
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.
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.
Staff years
Public Law 103–2265 U.S.C. 3101The 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 (; note) or other limitation on the total number of full-time equivalent positions.
Omitted
Animal inspection and veterinary diagnostics
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.
Veterinary diagnostics
7 U.S.C. 8301The Secretary may prescribe and collect fees to recover the costs of carrying out the provisions of the Animal Health Protection Act [ et seq.] that relate to veterinary diagnostics.
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.
Liability
section 3717 of title 31Any 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 . 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.
11 So in original. Probably should be “Liens”. Leins
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.
Other animals, etc.
2
Sales of animals, etc.
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.
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.
Regulations
The Secretary may prescribe such regulations as the Secretary determines necessary to carry out the provisions of this section.
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.
Definitions
Animal quarantine laws
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.
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.
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.
Vessel
For the purposes of subsection (a), the term “vessel” does not include any ferry.
Pub. L. 101–624, title XXV, § 2509104 Stat. 4069Pub. L. 101–508, title I, § 1203104 Stat. 1388–11Pub. L. 102–237, title X, § 1015105 Stat. 1902Pub. L. 104–127, title IX, § 917110 Stat. 1187Pub. L. 107–171, title X, § 10418(b)(5)116 Stat. 509(, , ; , , ; , , ; , , ; , , .)
Editorial Notes
References in Text
Pub. L. 107–171116 Stat. 494section 8301 of Title 7The Animal Health Protection Act, referred to in subsecs. (c)(2), (f)(1)(C), is subtitle E (§§ 10401–10418) of title X of , , , 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 and Tables.
19 U.S.C. 1306Pub. L. 107–171, title X, § 10418(a)(5)116 Stat. 507Section 306 of the Tariff Act of 1930 (), referred to in subsec. (f)(1)(A), was repealed by , , .
Codification
section 2509 of Pub. L. 101–624section 2509 of Pub. L. 101–624section 7759(f) of Title 7section 114a of this titleSection is comprised of . Subsec. (b) and another subsec. (c)(2) of amended , Agriculture, and , respectively.
Amendments
Pub. L. 107–171, § 10418(b)(5)(A)2002—Subsec. (c)(2). , added par. (2) relating to veterinary diagnostics.
Pub. L. 107–171, § 10418(b)(5)(B)Subsec. (f)(1)(B) to (O). , added subpars. (B) to (D) and struck out former subpars. (B) to (O), which read as follows:
26 Stat. 41621 U.S.C. 101–105“(B) sections 6 through 10 of the Act of (, chapter 839; );
section 2 of the Act of February 2, 190332 Stat. 79221 U.S.C. 111“(C) (, chapter 349; );
23 Stat. 3221 U.S.C. 112“(D) the Act of (, chapter 60; to 114a–1, 115, 117–119, and 130) (commonly known as the ‘Animal Industry Act’);
61 Stat. 721 U.S.C. 114b“(E) the Act of (, chapter 8; , 114c, and 114d–1);
62 Stat. 45821 U.S.C. 114e“(F) the Act of (, chapter 477; and 114f);
Public Law 87–20921 U.S.C. 114g“(G) ( and 114h);
41 Stat. 69921 U.S.C. 116“(H) the Act of (, chapter 217; );
32 Stat. 79121 U.S.C. 112“(I) the Act of (, chapter 349; and 120–122) (commonly known as the ‘Cattle Contagious Diseases Act of 1903’);
33 Stat. 126421 U.S.C. 123–127“(J) the Act of (, chapter 1496; ) (commonly known as the ‘Cattle Contagious Diseases Act of 1905’);
38 Stat. 41921 U.S.C. 128“(K) the matter under the heading ‘Bureau of Animal Industry’ of the Act of (, chapter 131; );
section 101 of Public Law 92–7321 U.S.C. 129“(L) ();
36 Stat. 44021 U.S.C. 131“(M) the matter under the heading ‘Miscellaneous’ of the Act of (, chapter 256; );
Public Law 87–51821 U.S.C. 134–134h“(N) sections 1 through 6 and 11 through 13 of (); or
Public Law 91–23921 U.S.C. 135“(O) any other Act administered by the Secretary relating to plant or animal diseases or pests, other than the first section of ().”
Pub. L. 104–1271996—Subsec. (a). 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.
Pub. L. 102–237, § 1015(1)1991—Subsec. (a)(1). , designated existing provisions as subpar. (A), realigned margin, added heading, and added subpars. (B) to (D).
Pub. L. 102–237, § 1015(2)Subsec. (a)(3)(B)(ii). , 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).”
Pub. L. 102–237, § 1015(3)Subsec. (a)(4). , substituted “Subject to the limits set forth in paragraph (1), the” for “The”.
Pub. L. 101–508, § 1203(1)1990—Subsec. (a)(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,”.
Pub. L. 101–508, § 1203(2)(A)Subsec. (a)(3)(B)(ii). , inserted at end “Any such reimbursement shall be subject to appropriations under clause (v).”
Pub. L. 101–508, § 1203(2)(B)Subsec. (a)(3)(B)(v). , added cl. (v).
Statutory Notes and Related Subsidiaries
Effective Date of 1990 Amendment
Pub. L. 101–508section 1301 of Pub. L. 101–508section 1994 of Title 7Amendment by effective , see , set out as an Effective Date note under , Agriculture.
Report on Agricultural Quarantine Inspection Fund
Pub. L. 104–66, title I, § 1012(c)109 Stat. 712