US Code

Public Law 119-87 (04/30/2026)

7 U.S.C. § 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

section 3717 of title 31On 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 .

(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, § 10412116 Stat. 503 Pub. L. 114–125, title VIII, § 818(b)130 Stat. 222 (, , ; , , .)

Editorial Notes

References in Text

Pub. L. 107–171116 Stat. 494 section 8301 of this titleThis chapter, referred to in subsec. (c)(1), was in the original “this subtitle”, meaning subtitle E (§§ 10401–10418) of title X of , , , which is classified principally to this chapter. For complete classification of subtitle E to the Code, see Short Title note set out under and Tables.

Amendments

Pub. L. 114–1252016—Subsec. (b). 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

section 542 of Title 6For 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 , as modified, set out as a note under .