
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 7USC2371]

 
                          TITLE 7--AGRICULTURE
 
                  CHAPTER 57--PLANT VARIETY PROTECTION
 
              SUBCHAPTER I--PLANT VARIETY PROTECTION OFFICE
 
                  Part C--Plant Variety Protection Fees
 
Sec. 2371. Plant variety protection fees


(a) In general

    The Secretary shall, under such regulations as the Secretary may 
prescribe, charge and collect reasonable fees for services performed 
under this chapter.

(b) Late payment penalty

    On failure to pay such fees, the Secretary shall assess a late 
payment penalty. Such overdue fees shall accrue interest as required by 
section 3717 of title 31.

(c) Disposition of funds

    Such fees, late payment penalties, and accrued interest collected 
shall be credited to the account that incurs the cost and shall remain 
available without fiscal year limitation to pay the expenses incurred by 
the Secretary in carrying out this chapter. Such funds collected 
(including late payment penalties and any interest earned) 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.

(d) Actions for nonpayment

    The Attorney General may bring an action for the recovery of charges 
that have not been paid in accordance with this chapter against any 
person obligated for payment of such charges under this chapter in any 
United States district court or other United States court for any 
territory or possession in any jurisdiction in which the person is 
found, resides, or transacts business. The court shall have jurisdiction 
to hear and decide the action.

(e) Authorization of appropriations

    There are authorized to be appropriated such sums as are necessary 
to carry out this chapter.

(Pub. L. 91-577, title I, Sec. 31, Dec. 24, 1970, 84 Stat. 1545; Pub. L. 
96-574, Sec. 10, Dec. 22, 1980, 94 Stat. 3350; Pub. L. 100-203, title I, 
Sec. 1505, Dec. 22, 1987, 101 Stat. 1330-28.)


                               Amendments

    1987--Pub. L. 100-203 amended section generally. Prior to amendment, 
section read as follows: ``The Secretary shall, under such regulations 
as he may prescribe, charge and collect reasonable fees for services 
performed under this chapter. Such fees shall be deposited into the 
Treasury as miscellaneous receipts. There are hereby authorized to be 
appropriated such funds as may be necessary to carry out the provisions 
of this chapter.''
    1980--Pub. L. 96-574 substituted provisions relating to deposit of 
fees and authorization of appropriations for provisions relating to 
recovering of fees, initial capital of the fund, and charging of fees.
