Title 7, AgricultureRelease 119-110

§8311 Reimbursable Agreements

Title 7 › CHAPTER 109 — ANIMAL HEALTH PROTECTION › § 8311

Last updated Sep 22, 2026|Official source

Summary

The Secretary of Agriculture may make fee agreements with people to do preclearance of animals or items outside the United States so they can move into the United States. Money collected for those preclearance services can be taken in advance. Those funds must be recorded as offsetting collections to the current U.S. Customs and Border Protection appropriation, account, or fund. The money stays available until spent and can only be used for the same purposes as that appropriation. Fees may be collected only if Congress allows them in appropriations laws. The Secretary may pay USDA officers or employees for overtime, night, or holiday work at a rate the Secretary sets. The person getting the service may have to repay the Secretary for those costs. Repayments go to the account that paid the costs and stay available until spent, with no fiscal year limit. If someone pays late, the Secretary may charge penalties and interest as required by section 3717 of title 31; those penalties and interest also go to the account that paid the costs and remain available until spent.

Full Legal Text

Title 7, §8311

Agriculture, Source: USLM XML via OLRC

(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
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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in subsec. (c)(1), was in the original “this subtitle”, meaning subtitle E (§§ 10401–10418) of title X of Pub. L. 107–171, May 13, 2002, 116 Stat. 494, which is classified principally to this chapter. For complete classification of subtitle E to the Code, see

Short Title

note set out under section 8301 of this title and Tables.

Amendments

2016—Subsec. (b). Pub. L. 114–125 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

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. § 8311

Title 7, Agriculture

Last Updated

Sep 22, 2026

Release point: 119-110