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United States Code (Last Updated: May 24, 2014) |
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Title 21. FOOD AND DRUGS |
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Chapter 4. ANIMALS, MEATS, AND MEAT AND DAIRY PRODUCTS |
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SubChapter III. PREVENTION OF INTRODUCTION AND SPREAD OF CONTAGION |
§ 136a. Collection of fees for inspection services
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(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
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 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 (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) of this section, 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) of this section, 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) of this section, the term “vessel” does not include any ferry.
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,
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),
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.
Amendments
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
“(C) section 2 of the Act of February 2, 1903 (32 Stat. 792, chapter 349; 21 U.S.C. 111);
“(D) the Act of
“(E) the Act of
“(F) the Act of
“(G) Public Law 87–209 (21 U.S.C. 114g and 114h);
“(H) the Act of
“(I) the Act of
“(J) the Act of
“(K) the matter under the heading ‘Bureau of Animal Industry’ of the Act of
“(L) section 101 of Public Law 92–73 (21 U.S.C. 129);
“(M) the matter under the heading ‘Miscellaneous’ of the Act of
“(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).
Effective Date Of Amendment
Amendment by Pub. L. 101–508 effective
Miscellaneous
Pub. L. 104–66, title I, § 1012(c),