§ 55. — Fees and charges for cotton classing and related services; criteria; disposition of moneys and samples.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC55]
TITLE 7--AGRICULTURE
CHAPTER 2--COTTON STANDARDS
Sec. 55. Fees and charges for cotton classing and related
services; criteria; disposition of moneys and samples
(a) The Secretary of Agriculture shall cause to be collected such
fees and charges for licenses issued to classifiers of cotton under
section 53 of this title, for determinations made under section 54 of
this title, and for the establishment of standards and sale of copies of
standards under sections 56, 57, and 57a of this title, as will cover,
as nearly as practicable, and after taking into consideration net
proceeds from any sale of samples, the costs incident to providing
services and standards under such sections, including administrative and
supervisory costs. The Secretary may provide by regulation conditions
under which cotton samples submitted or used in the performance of
services authorized by this chapter shall become the property of the
United States and may be sold with the proceeds credited to the
foregoing account: 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 or charges, late payment penalties, or
proceeds from the sales of samples collected under this subsection, and
any interest earned through the investment of such funds shall be
credited to the current appropriation account that incurs the costs of
the services provided under this chapter, and shall remain available
without fiscal year limitation to pay the expenses of the Secretary
incident to providing services and standards under this chapter and
section 15b of this title. 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.
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\1\ See References in Text note below.
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(b) The price established by the Secretary of Agriculture under the
foregoing provisions of this section for practical forms representing
the official cotton standards of the United States shall cover, as
nearly as practicable, the estimated actual cost to the Department of
Agriculture for developing and preparing such practical forms.
(Mar. 4, 1923, ch. 288, Sec. 5, 42 Stat. 1518; Pub. L. 97-35, title I,
Sec. 156(a), Aug. 13, 1981, 95 Stat. 373; Pub. L. 100-518, Sec. 4, Oct.
24, 1988, 102 Stat. 2587.)
References in Text
The Federal Property and Administrative Services Act of 1949,
referred to in subsec. (a), 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
1988--Subsec. (a). Pub. L. 100-518 included late payment penalties,
proceeds, and interest within amounts to be credited to current
appropriation account and remain available until expended, and
authorized investment of such funds in certain interest-bearing accounts
or debt instruments.
1981--Pub. L. 97-35 designated existing provisions as subsec. (a),
substituted provisions requiring Secretary to cause to be collected fees
and charges, for provisions authorizing Secretary to cause to be
collected charges, and added subsec. (b).
Effective Date of 1981 Amendment
Amendment by 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.
Appropriation Account
Effective July 1, 1935, the appropriation account for expenses
provided for in this chapter was abolished by act June 26, 1934, ch.
756, Sec. 5, 48 Stat. 1228.
Section Referred to in Other Sections
This section is referred to in section 15b of this title.