§ 473a. — Cotton classification services; fees for costs of services, adjustments, surcharge, discounts, and announcement; sales of samples; disposition of moneys.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC473a]
TITLE 7--AGRICULTURE
CHAPTER 19--COTTON STATISTICS AND ESTIMATES
Sec. 473a. Cotton classification services; fees for costs of
services, adjustments, surcharge, discounts, and announcement;
sales of samples; disposition of moneys
Effective for each of fiscal years 1992 through 2007, the Secretary
of Agriculture shall make cotton classification services available to
producers of cotton and shall provide for the collection of
classification fees from participating producers, or agents who
voluntarily agree to collect and remit the fees on behalf of producers.
Such fees, together with the proceeds from the sales of samples
submitted under this section, shall cover as nearly as practicable the
cost of the services provided under this section, including
administrative and supervisory costs: Provided, That (1) the uniform per
bale classification fee to be collected from producers, or their agents,
for the classification service in any year shall be the fee established
in the previous year for the prevailing method of classification
service, exclusive of adjustments to the fee made in the previous year
under clauses (2), (3), and (4), and as may be adjusted by the
percentage change in the implicit price deflator for the gross national
product as indexed during the most recent 12-month period for which
statistics are available; (2) the fee calculated in accordance with
clause (1) for a crop year may be increased by an amount not to exceed 1
percent for every 100,000 running bales, or portion thereof, that the
Secretary estimates will be classed by the United States Department of
Agriculture in the crop year below the level of 12,500,000 running
bales, or decreased by a quantity not to exceed 1 percent for every
100,000 running bales, or portion thereof, that the Secretary estimates
will be classed by the United States Department of Agriculture in the
crop year above the level of 12,500,000 running bales; (3) adjustments
made under clause (2) shall not exceed 15 per centum, except when the
Secretary estimates that income generated by fees, surcharges, and other
sources of income will not provide an ending accumulated operating
reserve for a fiscal year of at least 10 per centum of the estimated
cost of operating the program; (4) if the Secretary projects an
accumulated operating reserve at the end of a fiscal year of less than
25 per centum of the estimated cost of operating the program, the
Secretary may add a special surcharge, not to exceed 5 cents per bale,
applicable to such fiscal year, to ensure sufficient funds are
available; (5) notwithstanding the previous clauses, the Secretary, to
the extent practicable, shall not establish a fee which, when combined
with all other sources of revenue and adjusted for expenses, would
result in a projected operating reserve of more than 25 per centum; (6)
the Secretary should continue to recognize that central billing and
collection can reduce administrative costs, and offer appropriate
discounts where practicable; and (7) the Secretary shall announce the
uniform classification fee and any surcharge for the crop not later than
June 1 of the year in which the fee applies. Classification services,
other than the prevailing method, provided at the request of the
producer shall not be subject to the restrictions specified in clauses
(1), (2), and (3) of the preceding sentence. All samples of cotton
submitted for classification under this section shall become the
property of the United States, and shall be sold: Provided, That such
cotton samples shall not be subject to the provisions of the Federal
Property and Administrative Services Act of 1949.\1\ Any fees collected
under this section and under section 473d of this title, late payment
penalties, the proceeds from the sales of samples, and interest earned
from the investment of such funds shall be credited to the current
appropriation account that incurs the cost of services provided under
this section and section 473d of this title and shall remain available
without fiscal year limitation to pay the expenses of the Secretary
incident to providing such services. Such funds may be invested by the
Secretary in insured or fully collateralized, interest-bearing accounts
or, at the discretion of the Secretary, by the Secretary of the Treasury
in United States Government debt instruments. There are authorized to be
appropriated such sums as may be necessary to carry out the provisions
of this section to the extent that financing is not available from fees
and the proceeds from the sales of samples.
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\1\ See References in Text note below.
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(Mar. 3, 1927, ch. 337, Sec. 3a, as added Apr. 13, 1937, ch. 75, 50
Stat. 62; amended Pub. L. 97-35, title I, Sec. 156(b), Aug. 13, 1981, 95
Stat. 373; Pub. L. 98-403, Sec. 1, Aug. 28, 1984, 98 Stat. 1479; Pub. L.
100-108, Sec. 2, Aug. 20, 1987, 101 Stat. 728; Pub. L. 102-237, title I,
Sec. 120(a)-(c), Dec. 13, 1991, 105 Stat. 1842, 1843; Pub. L. 104-127,
title IX, Sec. 912(a), Apr. 4, 1996, 110 Stat. 1185; Pub. L. 107-171,
title X, Sec. 10801(a), May 13, 2002, 116 Stat. 525.)
References in Text
The Federal Property and Administrative Services Act of 1949,
referred to in text, is act June 30, 1949, ch. 288, 63 Stat. 377, as
amended. Except for title III of the Act, which is classified generally
to subchapter IV (Sec. 251 et seq.) of chapter 4 of Title 41, Public
Contracts, the Act was repealed and reenacted by Pub. L. 107-217,
Secs. 1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304, as chapters 1 to 11
of Title 40, Public Buildings, Property, and Works.
Amendments
2002--Pub. L. 107-171 substituted ``2007'' for ``2002'' in first
sentence.
1996--Pub. L. 104-127 substituted ``2002'' for ``1996'' in first
sentence.
1991--Pub. L. 102-237, Sec. 120(c), amended third sentence
generally. Prior to amendment, third sentence read as follows: ``Special
classification services provided at the request of the producer shall
not be subject to the restrictions specified in clauses (1), (2), and
(3) of the preceding sentence.''
Pub. L. 102-237, Sec. 120(b)(2), added cl. (7) and struck out former
cl. (7). Text read as follows: ``the Secretary shall announce the
uniform classification fee and any surcharge for the crop not later than
June 1 of the year in which the fee applies, except that for fiscal year
1987, such announcement shall be made as soon as practicable following
enactment of this proviso.''
Pub. L. 102-237, Sec. 120(b)(1), added cls. (1) and (2) and struck
out former cls. (1) and (2). Text read as follows: ``(1) the uniform per
bale classification fee to be collected from producers, or their agents,
for such classification service in any year shall be the uniform fee
collected in the previous year, exclusive of adjustments to such fee
made in the previous year under clauses (2), (3), and (4) of this
proviso, and as may be adjusted by the percentage change in the Implicit
Price Deflator for Gross National Product as indexed during the most
recent twelve-month period for which statistics are available; (2) the
fee calculated in accordance with clause (1) for a crop year may be
increased by an amount not to exceed 1 per centum for every 100,000
running bales, or portion thereof, that the Secretary estimates will be
produced in such crop year below the level of 12,500,000 running bales,
or decreased by an amount not to exceed 1 per centum for every 100,000
running bales, or portion thereof, that the Secretary estimates will be
produced in such crop year above the level of 12,500,000 running
bales;''.
Pub. L. 102-237, Sec. 120(a), amended first sentence generally.
Prior to amendment, first sentence read as follows: ``Effective for the
fiscal years ending September 30, 1987, September 30, 1988, September
30, 1989, September 30, 1990, September 30, 1991, and September 30,
1992, the Secretary of Agriculture shall make cotton classification
services available to producers of cotton and shall provide for the
collection of classification fees from participating producers, or
agents who voluntarily agree to collect and remit the fees on behalf of
producers.''
1987--Pub. L. 100-108 amended first sentence generally, substituting
``September 30, 1987, September 30, 1988, September 30, 1989, September
30, 1990, September 30, 1991, and September 30, 1992'' for ``September
30, 1985, September 30, 1986, September 30, 1987, and September 30,
1988'' and striking out ``from'' before ``agents who voluntarily
agree'', in second sentence inserted first proviso and struck out former
first proviso which read as follows: ``That (1) the uniform per bale
classification fee to be collected from producers, or their agents, for
such classification service in any year shall not exceed the uniform fee
collected in the previous year by more than the percentage increase in
the Implicit Price Deflator for Gross National Product as indexed during
the most recent twelve-month period for which official statistics are
available, and (2) the uniform per bale classification fee shall not be
increased for any year if the accumulated reserve exceeds 20 per centum
of the cost of the classification program in the previous year'', and in
third sentence substituted ``clauses (1), (2), and (3)'' for ``clauses
(1) and (2)''.
1984--Pub. L. 98-403 substituted provisions requiring the Secretary
to make classification service available to producers and to set and
collect fees for provisions establishing similar requirements effective
for fiscal years ending Sept. 30, 1982, 1983, and 1984.
1981--Pub. L. 97-35 substituted provisions effective for fiscal
years ending Sept. 30, 1982, 1983, and 1984, requiring the Secretary to
make classification services available to producers, and to set and
collect fees, for provisions authorizing the Secretary to determine and
make available classification procedures.
Effective and Termination Dates of 1991 Amendment
Pub. L. 102-237, title I, Sec. 120(e), Dec. 13, 1991, 105 Stat.
1842, provided that subsections (a), (b), and (c) of that section, and
the amendments made by subsections (a), (b), and (c) to this section,
were effective for the period beginning on Dec. 13, 1991, and ending on
September 30, 1996, prior to repeal by Pub. L. 107-171, title X,
Sec. 10801(b)(3), May 13, 2002, 116 Stat. 525.
Effective and Termination Dates of 1987 Amendment
That part of Pub. L. 100-108, Sec. 2, Aug. 20, 1987, 101 Stat. 728,
which provided that the amendment made by Pub. L. 100-108 was effective
for the period beginning Aug. 20, 1987, and ending Sept. 30, 1992, was
repealed by Pub. L. 107-171, title X, Sec. 10801(b)(2), May 13, 2002,
116 Stat. 525.
Effective and Termination Dates of 1984 Amendment
That part of Pub. L. 98-403, [Sec. 1], Aug. 28, 1984, 98 Stat. 1479,
which provided that the amendment made by Pub. L. 98-403 was effective
for the period beginning Oct. 1, 1984, and ending Sept. 30, 1988, was
repealed by Pub. L. 107-171, title X, Sec. 10801(b)(1), May 13, 2002,
116 Stat. 525.
Effective and Termination Dates of 1981 Amendment
Section 156(b) of Pub. L. 97-35 provided that the amendment made by
that section is effective only for the fiscal years ending Sept. 30,
1982, Sept. 30, 1983, and Sept. 30, 1984.
[Provisions of section 156 of Pub. L. 97-35 effective Oct. 1, 1981,
see section 156(e) of Pub. L. 97-35, set out as an Effective Date note
under section 61a of this title.]
Short Title
Act Apr. 13, 1937, which enacted sections 473a to 473c of this
title, is popularly known as the ``Cotton Classification Act''.
Study on Processing Certain Cotton Grades
Section 3 of Pub. L. 100-108, which directed Secretary of
Agriculture to conduct a study of differences between processing
efficiency and product quality for Light Spotted and White grade cottons
and also conduct a survey and research to determine why an increasing
proportion of cotton crop was being classified as Light Spotted, with an
initial report describing results of studies to be submitted not later
than Oct. 1, 1988, to Committee on Agriculture of House of
Representatives and Committee on Agriculture, Nutrition, and Forestry of
Senate, and a final report to be submitted to such committees as soon as
practicable after submission of initial report, was repealed by Pub. L.
102-237, title I, Sec. 120(d), Dec. 13, 1991, 105 Stat. 1843.
