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Title 7 — AgricultureRelease 119-73

§7753 Reimbursable agreements

Title 7 › Chapter CHAPTER 104— - PLANT PROTECTION › Subchapter SUBCHAPTER III— - MISCELLANEOUS PROVISIONS › § 7753

Last updated Apr 6, 2026|Official source

Summary

The Secretary can make fee agreements to inspect and clear plants, plant products, biological control organisms, and similar items at places outside the United States before they come into the country. Money paid for these preclearance services goes into special accounts the Secretary creates and stays there until spent, without a fiscal year limit. The Secretary may pay Agriculture Department employees extra for overtime, night, or holiday work on import or export services and set their pay rates. The people who get the services must repay those costs. If they do not pay, the Secretary can add a late payment penalty and charge interest under section 3717 of title 31. Any penalties or interest go into the same account and stay until used.

Full Legal Text

Title 7, §7753

Agriculture — Source: USLM XML via OLRC

(a)The Secretary may enter into reimbursable fee agreements with persons for preclearance of plants, plant products, biological control organisms, and articles at locations outside the United States for movement into the United States.
(b)Funds collected for preclearance shall be credited to accounts which may be established by the Secretary for this purpose and shall remain available until expended for the preclearance activities without fiscal year limitation.
(c)(1)Notwithstanding any other law, the Secretary may pay employees of the Department of Agriculture performing services relating to imports into and exports from the United States, for all overtime, night, or holiday work performed by them, at rates of pay established by the Secretary.
(2)(A)The Secretary may require persons for whom the services are performed to reimburse the Secretary for any sums of money paid by the Secretary for the services.
(B)All funds collected under this paragraph shall be credited to the account that incurs the costs and shall remain available until expended without fiscal year limitation.
(d)(1)Upon failure to reimburse the Secretary in accordance with this section, the Secretary may assess a late payment penalty, and the overdue funds shall accrue interest, as required by section 3717 of title 31.
(2)Any late payment penalty and any accrued interest shall be credited to the account that incurs the costs and shall remain available until expended without fiscal year limitation.

Legislative History

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Transfer of Functions

For

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 section 231, 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.

Reference

Citations & Metadata

Citation

7 U.S.C. § 7753

Title 7 — Agriculture

Last Updated

Apr 6, 2026

Release point: 119-73