§ 2371. Plant variety protection fees

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1970

   Pub. L. 91–577 title I § 31 · 84 Stat. 1542

   Enacted · 7 U.S.C. § 2371

   Pub. L. 91–577, title I, § 31, Dec. 24, 1970, 84 Stat. 1545

   Source evidence

   Code source credit
   Pub. L. 91–577, title I, § 31, Dec. 24, 1970, 84 Stat. 1545

   Enacted provision · exact public law section
   Sec. 31. Plant Variety Protection Fees; Appropriations. The Secretary shall, under such regulations as he may prescribe, charge and collect reasonable fees for services performed under this Act. The fees authorized shall be recovered to the Treasury of the United States of America, and expenses needed for the administration of this Act shall come through the Nation’s regular budgetary, authorization, and appropriations process. The initial capital of the fund shall consist of appropriations, which are hereby authorized to be made. Until such time as the Secretary prescribes fees as provided by this section, a fee of $50 shall be charged for filing each application, subject to such adjustment as may be appropriate after fees are prescribed by the Secretary hereunder.

2. 1980

   Pub. L. 96–574 § 10 · 94 Stat. 3350

   Substituted · 7 U.S.C. § 2371

   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

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   Sec. 10. Section 31 of such Act (7 U.S.C. 2371) is amended by striking out all after the first sentence and inserting in lieu thereof the following: “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 Act.”.

3. 1987

   Pub. L. 100–203 title I § 1505 · 101 Stat. 1330

   Amended · 7 U.S.C. § 2371

   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.”

   Source evidence

   Code amendment note
   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.”

   Enacted provision · exact public law section
   SEC. 1505. PLANT VARIETY PROTECTION FEES. Section 31 of the Plant Variety Protection Act (7 U.S.C. 2371) is amended to read as follows: “SEC. 31. 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 Act. “(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, United States Code. “(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 Act. 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 Act against any person obligated for payment of such charges under this Act 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 Act.”.

3 of 3 references resolved to an enrolled provision