7 USC 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
Terms Used In 7 USC 8311
- Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- officer: includes any person authorized by law to perform the duties of the office. See 1 USC 1
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
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.
(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.