
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: 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 2002, 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 (40 U.S.C. 471 et 
seq.). 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.

(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.)

                          Amendment of Section

        For termination of amendment by section 120(e) of Pub. L. 102-
    237, see Effective and Termination Dates of 1991 Amendment note 
    below.

                       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. The provisions of that Act relating to management and disposal 
of government property are classified to chapter 10 (Sec. 471 et seq.) 
of Title 40, Public Buildings, Property, and Works. For complete 
classification of this Act to the Code, see Short Title note set out 
under section 471 of Title 40 and Tables.


                               Amendments

    1996--Pub. L. 104-127 substituted ``2002'' for ``1996'' in first 
sentence.
    1991--Pub. L. 102-237, Sec. 120(c), (e), temporarily 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.'' See Effective and 
Termination Dates of 1991 Amendment note below.
    Pub. L. 102-237, Sec. 120(b)(2), (e), temporarily added cl. (7) and 
struck out former cl. (7) which 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.'' See Effective and 
Termination Dates of 1991 Amendment note below.
    Pub. L. 102-237, Sec. 120(b)(1), (e), temporarily added cls. (1) and 
(2) and struck out former cls. (1) and (2) which 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;''. See Effective and Termination Dates of 1991 Amendment note 
below.
    Pub. L. 102-237, Sec. 120(a), (e), temporarily 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.'' See Effective and Termination Dates of 1991 
Amendment note below.
    1987--Pub. L. 100-108 temporarily 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)''. 
See Effective and Termination Dates of 1987 Amendment note below.
    1984--Pub. L. 98-403 substituted provisions effective for fiscal 
years ending Sept. 30, 1985, 1986, 1987, and 1988, 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

    Section 120(e) of Pub. L. 102-237 provided that: ``Subsections (a), 
(b), and (c), and the amendments made by subsections (a), (b), and (c) 
[amending this section], shall be effective for the period beginning on 
the date of enactment of this Act [Dec. 13, 1991] and ending on 
September 30, 1996.''


            Effective and Termination Dates of 1987 Amendment

    Section 2 of Pub. L. 100-108 provided that the amendment made by 
that section is effective for the period beginning Aug. 20, 1987, and 
ending Sept. 30, 1992.


            Effective and Termination Dates of 1984 Amendment

    Section 1 of Pub. L. 98-403 provided that the amendment made by that 
section is effective for the period beginning Oct. 1, 1984, and ending 
Sept. 30, 1988.


            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.
