7 U.S.C. § 8311 — Reimbursable agreements

Page 2196 TITLE 7—AGRICULTURE § 8311 foreign country or international organization or association, if the Secretary determines that the livestock industry and related indus- tries of the United States will not be adversely affected by the production and sale. (2) Proceeds (A) Independent production and sale If the Secretary independently produces and sells sterile screwworms under para- graph (1), the proceeds of the sale shall be— (i) deposited into the Treasury of the United States; and (ii) credited to the account from which the operating expenses of the facility pro- ducing the sterile screwworms have been paid. (B) Cooperative production and sale (i) In general If the Secretary cooperates to produce and sell sterile screwworms under para- graph (1), the proceeds of the sale shall be divided between the United States and the cooperating national government or inter- national organization or association in a manner determined by the Secretary. (ii) Account The United States portion of the pro- ceeds shall be— (I) deposited into the Treasury of the United States; and (II) credited to the account from which the operating expenses of the facility producing the sterile screwworms have been paid. (d) Cooperation in program administration The Secretary may cooperate with State au- thorities, Indian tribe authorities, or other per- sons in the administration of regulations for the improvement of livestock and livestock prod- ucts. (e) Consultation and coordination with other Federal agencies (1) In general The Secretary shall consult and coordinate with the head of a Federal agency with respect to any activity that is under the jurisdiction of the Federal agency. (2) Lead agency Subject to the consultation and coordina- tion requirement in paragraph (1), the Depart- ment of Agriculture shall be the lead agency with respect to issues related to pests and dis- eases of livestock. (Pub. L. 107–171, title X, § 10411, May 13, 2002, 116 Stat. 502.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (a), 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. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS For transfer of functions of the Secretary of Agri- culture relating to agricultural import and entry in- spection activities under this chapter to the Secretary of Homeland Security, and for treatment of related ref- erences, 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. § 8311. Reimbursable agreements (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 provi- sion of such activities; (2) shall be credited as offsetting collections to the currently applicable appropriation, ac- count, 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 Sec- retary may pay an officer or employee of the Department of Agriculture performing serv- ices 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 deter- mined by the Secretary. (2) Reimbursement (A) In general The Secretary may require a person for whom the services are performed to reim- burse 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 Sec- retary in accordance with this section, the Secretary may assess a late payment penalty against the person, including interest on over- due funds, as required by section 3717 of title 31. (2) Use of funds Any late payment penalty and any accrued interest shall— Page 2197 TITLE 7—AGRICULTURE § 8313 (A) be credited to the account that incurs the costs; and (B) remain available until expended, with- out fiscal year limitation. (Pub. L. 107–171, title X, § 10412, May 13, 2002, 116 Stat. 503; Pub. L. 114–125, title VIII, § 818(b), Feb. 24, 2016, 130 Stat. 222.) 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 limita- tion.’’ Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS For transfer of functions of the Secretary of Agri- culture relating to agricultural import and entry in- spection activities under this chapter to the Secretary of Homeland Security, and for treatment of related ref- erences, 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. § 8312. Administration and claims (a) Administration To carry out this chapter, the Secretary may— (1) acquire and maintain real or personal property; (2) employ a person; (3) make a grant; and (4) notwithstanding chapter 63 of title 31, enter into a contract, cooperative agreement, memorandum of understanding, or other agreement. (b) Tort claims (1) In general Except as provided in paragraph (2), the Sec- retary may pay a tort claim, in the manner authorized by the first paragraph of section 2672 of title 28, if the claim arises outside the United States in connection with an activity authorized under this chapter. (2) Requirements A claim may not be allowed under this sub- section unless the claim is presented in writ- ing to the Secretary not later than 2 years after the date on which the claim arises. (Pub. L. 107–171, title X, § 10413, May 13, 2002, 116 Stat. 503.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (a) and (b)(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. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS For transfer of functions of the Secretary of Agri- culture relating to agricultural import and entry in- spection activities under this chapter to the Secretary of Homeland Security, and for treatment of related ref- erences, 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. § 8313. Penalties (a) Criminal penalties (1) Offenses (A) In general A person that knowingly violates this chapter, or knowingly forges, counterfeits, or, without authority from the Secretary, uses, alters, defaces, or destroys any certifi- cate, permit, or other document provided for in this chapter shall be fined under title 18, imprisoned not more than 1 year, or both. (B) Distribution or sale A person that knowingly imports, enters, exports, or moves any animal or article, for distribution or sale, in violation of this chapter, shall be fined under title 18, impris- oned not more than 5 years, or both. (2) Multiple violations On the second and any subsequent convic- tion of a person of a violation of this chapter under paragraph (1), the person shall be fined under title 18, imprisoned not more than 10 years, or both. (b) Civil penalties (1) In general Except as provided in section 8309(d) of this title, any person that violates this chapter, or that forges, counterfeits, or, without author- ity from the Secretary, uses, alters, defaces, or destroys any certificate, permit, or other document provided under this chapter may, after notice and opportunity for a hearing on the record, be assessed a civil penalty by the Secretary that does not exceed the greater of— (A)(i) $50,000 in the case of any individual, except that the civil penalty may not exceed $1,000 in the case of an initial violation of this chapter by an individual moving regu- lated articles not for monetary gain; (ii) $250,000 in the case of any other person for each violation; and (iii) for all violations adjudicated in a sin- gle proceeding— (I) $500,000 if the violations do not in- clude a willful violation; or (II) $1,000,000 if the violations include 1 or more willful violations. (B) twice the gross gain or gross loss for any violation or forgery, counterfeiting, or