Collapse to view only § 136a. Collection of fees for inspection services

§§ 111, 112. Repealed. Pub. L. 107–171, title X, § 10418(a)(7), (8), May 13, 2002, 116 Stat. 507, 508
§ 112a. Omitted
§ 113. Repealed. Pub. L. 107–171, title X, § 10418(a)(7), (8), May 13, 2002, 116 Stat. 507, 508
§ 113a. Establishment of research laboratories for foot-and-mouth disease and other animal diseases; research contracts; employment of technicians and scientists; appropriations

The Secretary of Agriculture is authorized to establish research laboratories, including the acquisition of necessary land, buildings, or facilities, and also the making of research contracts under the authority contained in section 3105(a) of title 7, for research and study, in the United States or elsewhere, of foot-and-mouth disease and other animal diseases which in the opinion of the Secretary constitute a threat to the livestock industry of the United States: Provided, That no live virus of foot-and-mouth disease may be introduced for any purpose into any part of the mainland of the United States (except coastal islands separated therefrom by water navigable for deep-water navigation and which shall not be connected with the mainland by any tunnel) unless the Secretary determines that it is necessary and in the public interest for the conduct of research and study in the United States (except at Brookhaven National Laboratory in Upton, New York) and issues a permit under such rules as the Secretary shall promulgate to protect animal health, except that the Secretary of Agriculture may transport said virus in the original package across the mainland under adequate safeguards, and except further, that in the event of outbreak of foot-and-mouth disease in this country, the Secretary of Agriculture may, at his discretion, permit said virus to be brought into the United States under adequate safeguards. To carry out the provisions of this section, the Secretary is authorized to employ technical experts or scientists: Provided, That the number so employed shall not exceed five and that the maximum compensation for each shall not exceed the highest rate of grade 18 of the General Schedule. There is authorized to be appropriated such sums as Congress may deem necessary; in addition, the Secretary is authorized to utilize in carrying out this section, funds otherwise available for the control or eradication of such diseases.

(May 29, 1884, ch. 60, § 12, as added Apr. 24, 1948, ch. 229, 62 Stat. 198; amended July 31, 1956, ch. 804, title I, § 119, 70 Stat. 742; Pub. L. 85–573, July 31, 1958, 72 Stat. 454; Pub. L. 87–793, § 1001(e), Oct. 11, 1962, 76 Stat. 864; Pub. L. 88–426, title III, § 305(1), Aug. 14, 1964, 78 Stat. 422; Pub. L. 101–624, title XVI, § 1618(b), Nov. 28, 1990, 104 Stat. 3733.)
§§ 114 to 114d–1. Repealed. Pub. L. 107–171, title X, § 10418(a)(8), (9), May 13, 2002, 116 Stat. 508
§§ 114d–2 to 114d–6. Repealed. Pub. L. 92–152, § 3, Nov. 5, 1971, 85 Stat. 419
§§ 114e to 114h. Repealed. Pub. L. 107–171, title X, § 10418(a)(10), (11), May 13, 2002, 116 Stat. 508
§ 114i. Pseudorabies eradication
(a) Findings
(b) Establishment of program
(c) Use of funds for testing and control of pseudorabies
(d) Authorization of appropriations
(Pub. L. 101–624, title XXV, § 2506, Nov. 28, 1990, 104 Stat. 4068; Pub. L. 104–127, title IX, § 916, Apr. 4, 1996, 110 Stat. 1187; Pub. L. 107–171, title X, § 10505, May 13, 2002, 116 Stat. 511.)
§§ 115 to 128. Repealed. Pub. L. 107–171, title X, § 10418(a)(7), (8), (12)–(14), May 13, 2002, 116 Stat. 507, 508
§ 129. Omitted
§§ 129a to 131. Repealed. Pub. L. 107–171, title X, § 10418(a)(1), (8), (16), May 13, 2002, 116 Stat. 507, 508
§ 132. Transferred
§ 133. Repealed. July 13, 1949, ch. 307, 63 Stat. 410
§§ 134 to 135b. Repealed. Pub. L. 107–171, title X, § 10418(a)(17), (18), May 13, 2002, 116 Stat. 508
§ 136. Additional inspection services

(Pub. L. 101–624, title XXV, § 2508, Nov. 28, 1990, 104 Stat. 4069.)
§ 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
(3) Status of fees
(4) Late payment penalties
(5) Agricultural Quarantine Inspection User Fee Account
(A) Establishment
(B) Use of account
(C) Excess fees
(6) Use of amounts collected after fiscal year 2002
(7) Staff years
(b) Omitted
(c) Animal inspection and veterinary diagnostics
(1) Animal inspection
(2) Veterinary diagnostics
(3) Fees
(4) Liability
(5) Leins 1
1 So in original. Probably should be “Liens”.
(A) In general
(B) Other animals, etc.
(C) Sales of animals, etc.
(i) Authority
(ii) Excess proceeds
(d) Regulations
(e) Recovery of amounts owed
(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
3 See References in Text note below.
(19 U.S.C. 1306);
(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
(3) Person
(4) United States
(5) Vessel
(Pub. L. 101–624, title XXV, § 2509, Nov. 28, 1990, 104 Stat. 4069; Pub. L. 101–508, title I, § 1203, Nov. 5, 1990, 104 Stat. 1388–11; Pub. L. 102–237, title X, § 1015, Dec. 13, 1991, 105 Stat. 1902; Pub. L. 104–127, title IX, § 917, Apr. 4, 1996, 110 Stat. 1187; Pub. L. 107–171, title X, § 10418(b)(5), May 13, 2002, 116 Stat. 509.)