§ 136a. — Collection of fees for inspection services.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 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) 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 \1\
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\1\ So in original. Probably should be ``Liens''.
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(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.
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\2\ So in original. Probably should be ``makes''.
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(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 \3\ (19 U.S.C.
1306);
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\3\ See References in Text note below.
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(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.
(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; Pub. L.
107-171, title X, Sec. 10418(b)(5), May 13, 2002, 116 Stat. 509.)
References in Text
The Animal Health Protection Act, referred to in subsecs. (c)(2),
(f)(1)(C), is subtitle E (Secs. 10401-10418) of title X of Pub. L. 107-
171, May 13, 2002, 116 Stat. 494, which is classified principally to
chapter 109 (Sec. 8301 et seq.) of Title 7, Agriculture. For complete
classification of this Act to the Code, see Short Title note set out
under section 8301 of Title 7 and Tables.
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,
Sec. 10418(a)(5), May 13, 2002, 116 Stat. 507.
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, Sec. 10418(b)(5)(A), added
par. (2) relating to veterinary diagnostics.
Subsec. (f)(1)(B) to (O). Pub. L. 107-171, Sec. 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 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, 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).''
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.''
Section Referred to in Other Sections
This section is referred to in title 6 section 231; title 7 section
1961; title 16 section 1540.
