Page:United States Statutes at Large Volume 104 Part 5.djvu/750

 104 STAT. 4072 PUBLIC LAW 101-624—NOV. 28, 1990 (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.—I f 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 pa3anent 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. Ill); (D) the Act of May 29, 1884 (23 Stat. 32, chapter 60; 21 U.S.C. 112 to 114a-l, 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-l); (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");

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