§ 7753. — Reimbursable agreements.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC7753]
TITLE 7--AGRICULTURE
CHAPTER 104--PLANT PROTECTION
SUBCHAPTER III--MISCELLANEOUS PROVISIONS
Sec. 7753. Reimbursable agreements
(a) Authority to enter into agreements
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
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) Payment of employees
(1) In general
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) Reimbursement of the Secretary
(A) In general
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) Use of funds
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) Late payment penalties
(1) Collection
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) Use of funds
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.
(Pub. L. 106-224, title IV, Sec. 433, June 20, 2000, 114 Stat. 452.)
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 sections 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.
