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U.S. Code as of:
01/03/05
Section 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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