
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 21USC136a]

 
                        TITLE 21--FOOD AND DRUGS
 
         CHAPTER 4--ANIMALS, MEATS, AND MEAT AND DAIRY PRODUCTS
 
   SUBCHAPTER III--PREVENTION OF INTRODUCTION AND SPREAD OF CONTAGION
 
Sec. 136a. Collection of fees for inspection services


(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) Omitted

                              (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 \1\
---------------------------------------------------------------------------

    \1\ So in original. Probably should be ``Liens''.
---------------------------------------------------------------------------

        (A) In general

            The Secretary shall have a lien against the animal, article, 
        means of conveyance, or facility for which services have been 
        provided under this section for the fees, any late payment 
        penalty, and any accrued interest assessed under this 
        subsection.

        (B) Other animals, etc.

            In the case of any person who fails to make payment when due 
        under this subsection, the Secretary shall have a lien against 
        any animal, article, or means of conveyance thereafter imported, 
        moved in interstate commerce, or attempted to be exported by the 
        person after the date of such failure until the date on which 
        such owner or operator make \2\ full payment to the Secretary 
        under this subsection.
---------------------------------------------------------------------------
    \2\ So in original. Probably should be ``makes''.
---------------------------------------------------------------------------

        (C) Sales of animals, etc.

            (i) Authority

                The Secretary may, if a person does not pay fees, late 
            payment penalties, or accrued interest on such, after 
            providing reasonable notice of default to such person, sell 
            at public sale after reasonable public notice, or otherwise 
            dispose of, any such animal, article, means of conveyance or 
            facility on which the Secretary has a lien under this 
            paragraph.
            (ii) Excess proceeds

                If the sale proceeds under clause (i) exceed the fees 
            due, any late payment penalty assessed, any accrued interest 
            on such, and the expenses associated with the sale, such 
            excess shall be paid to the owner of the animal, article, 
            means of conveyance, or facility if such owner submits an 
            application for such excess together with proof of ownership 
            not later than 6 months after the date of such sale. If no 
            such application is made, such excess shall be credited to 
            accounts that incur the costs associated with the fees 
            collected and shall remain available until expended, without 
            fiscal year limitation. The Secretary shall suspend 
            performance of services to persons who have failed to pay 
            fees, late payment penalty, or accrued interest under this 
            section.

(d) Regulations

    The Secretary may prescribe such regulations as the Secretary 
determines necessary to carry out the provisions of this section.

(e) Recovery of amounts owed

    An action may be brought for the recovery of fees, late payment 
penalties, and accrued interest which have not been paid in accordance 
with this section against any person obligated for payment of such 
assessments under this section in any United States district court or 
other United States court for any territory or possession in any 
jurisdiction in which such person is found or resides or transacts 
business, and such court shall have jurisdiction to hear and decide such 
action.

(f) Definitions

                     (1) Animal quarantine laws

        For purposes of this section, the term ``animal quarantine 
    laws'' means--
            (A) section 306 of the Tariff Act of 1930 (19 U.S.C. 1306);
            (B) sections 6 through 10 of the Act of August 30, 1890 (26 
        Stat. 416, chapter 839; 21 U.S.C. 101-105);
            (C) section 2 of the Act of February 2, 1903 (32 Stat. 792, 
        chapter 349; 21 U.S.C. 111);
            (D) the Act of May 29, 1884 (23 Stat. 32, chapter 60; 21 
        U.S.C. 112 to 114a-1, 115, 117-119, and 130) (commonly known as 
        the ``Animal Industry Act'');
            (E) the Act of February 28, 1947 (61 Stat. 7, chapter 8; 21 
        U.S.C. 114b, 114c, [114d,] and 114d-1);
            (F) the Act of June 16, 1948 (62 Stat. 458, chapter 477; 21 
        U.S.C. 114e and 114f);
            (G) Public Law 87-209 (21 U.S.C. 114g and 114h);
            (H) the Act of May 31, 1920 (41 Stat. 699, chapter 217; 21 
        U.S.C. 116);
            (I) the Act of February 2, 1903 (32 Stat. 791, chapter 349; 
        21 U.S.C. 112 and 120-122) (commonly known as the ``Cattle 
        Contagious Diseases Act of 1903'');
            (J) the Act of March 3, 1905 (33 Stat. 1264, chapter 1496; 
        21 U.S.C. 123-127) (commonly known as the ``Cattle Contagious 
        Diseases Act of 1905'');
            (K) the matter under the heading ``Bureau of Animal 
        Industry'' of the Act of June 30, 1914 (38 Stat. 419, chapter 
        131; 21 U.S.C. 128);
            (L) section 101 of Public Law 92-73 (21 U.S.C. 129);
            (M) the matter under the heading ``Miscellaneous'' of the 
        Act of May 26, 1910 (36 Stat. 440, chapter 256; 21 U.S.C. 131);
            (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).

                        (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.

(Pub. L. 101-624, title XXV, Sec. 2509, Nov. 28, 1990, 104 Stat. 4069; 
Pub. L. 101-508, title I, Sec. 1203, Nov. 5, 1990, 104 Stat. 1388-11; 
Pub. L. 102-237, title X, Sec. 1015, Dec. 13, 1991, 105 Stat. 1902; Pub. 
L. 104-127, title IX, Sec. 917, Apr. 4, 1996, 110 Stat. 1187.)

                       References in Text

    Section 101 of Public Law 92-73, referred to in subsec. (f)(1)(L), 
is listed in a Similar Provisions note set out under section 129 of this 
title.

                          Codification

    Section is comprised of section 2509 of Pub. L. 101-624. Subsecs. 
(b) and (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

    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, Sec. 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, Sec. 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, Sec. 1015(3), substituted ``Subject 
to the limits set forth in paragraph (1), the'' for ``The''.
    1990--Subsec. (a)(1). Pub. L. 101-508, Sec. 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, Sec. 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, Sec. 1203(2)(B), added cl. 
(v).


                    Effective Date of 1990 Amendment

    Amendment by Pub. L. 101-508 effective Nov. 29, 1990, see section 
1301 of Pub. L. 101-508, set out as a note under section 511r of Title 
7, Agriculture.


            Report on Agricultural Quarantine Inspection Fund

    Pub. L. 104-66, title I, Sec. 1012(c), Dec. 21, 1995, 109 Stat. 712, 
provided that: ``The Secretary of Agriculture shall not be required to 
submit a report to the appropriate committees of Congress on the status 
of the Agricultural Quarantine Inspection fund more frequently than 
annually.''
