§ 473a. Cotton classification services

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. 1927

   Pub. L. 75–337 § 3a · 50 Stat. 258

   Enacted · 7 U.S.C. § 473a

   Mar. 3, 1927, ch. 337, § 3a, as added Apr. 13, 1937, ch. 75, 50 Stat. 62

   Source evidence

   Code source credit
   Mar. 3, 1927, ch. 337, § 3a, as added Apr. 13, 1937, ch. 75, 50 Stat. 62

2. 1981

   Pub. L. 97–35 title I § 156(b) · 95 Stat. 357

   Substituted · 7 U.S.C. § 473a

   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

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   (b) Effective only for the fiscal years ending September 30, 1982, September 30, 1983, and September 30, 1984, section 3a of the Cotton Statistics and Estimates Act (7 U.S.C. 473a) is amended to read as follows: “Sec. 3a. Effective for the fiscal years ending September 30, 1982, September 30, 1983, and September 30, 1984, the Secretary of Agriculture shall make cotton classification services available to producers of cotton. The Secretary shall further provide for appropriate agencies of the Department of Agriculture to collect directly from participating producers reasonable fees which, together with the proceeds of 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 the Secretary’s net cost estimate (after taking into account the proceeds from the sale of samples) used to calculate the uniform per-bale fee to be collected from producers for such classification services shall not exceed $12,000,000 in the fiscal year ending September 30, 1982, $12,400,000 in the fiscal year ending September 30, 1983, and $13,000,000 in the fiscal year ending September 30, 1984. 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.). Fees collected under this section and under section 3d of this Act and proceeds from sales of samples shall be credited to the current appropriation account that incurs the cost and shall remain available without fiscal year limitation to pay the expenses of the Secretary incident to providing classification services under this section. The Secretary may deposit such funds in an interest bearing account with a financial institution. If any interest is earned on this account, such interest so earned shall be credited to the account for Appropriation authorization. use by the Secretary in providing such services. 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 sale of samples.”.

3. 1984

   Pub. L. 98–403 § 1 · 98 Stat. 1479

   Substituted · 7 U.S.C. § 473a

   Pub. L. 98–403 substituted provisions 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

   Source evidence

   Code amendment note
   Pub. L. 98–403 substituted provisions 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.

4. 1987

   Pub. L. 100–108 § 2 · 101 Stat. 728

   1. Amended · 7 U.S.C. § 473a

      Pub. L. 100–108 amended first sentence generally

   2. Substituted · 7 U.S.C. § 473a

      Pub. L. 100–108 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”

   3. Struck and inserted · 7 U.S.C. § 473a

      Pub. L. 100–108 striking out “from” before “agents who voluntarily agree”, in second sentence inserted first proviso

   4. Substituted · 7 U.S.C. § 473a

      Pub. L. 100–108 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)”

   Source evidence

   Code amendment note
   Pub. L. 100–108 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)”.

   Enacted provision · exact public law section
   SEC. 2. COTTON CLASSIFICATION SERVICES AND FEES. Effective for the period beginning on the date of enactment of this Act and ending September 30, 1992, section 3a of the Cotton Statistics Effective date. and Estimates Act (7 U.S.C. 473a) is amended— (1) by amending the first sentence to 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.”; (2) in the second sentence by striking out the proviso and inserting in lieu thereof the following: “Provided, That (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; (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, except that for fiscal year 1987, such announcement shall be made as soon as practicable following enactment of this proviso.”; and (3) in the third sentence by striking out “clauses (1) and (2)” and inserting in lieu thereof the following: “clauses (1), (2), and (3)”.

5. 1991

   Pub. L. 102–237 § 120(c) · 105 Stat. 1818

   Amended · 7 U.S.C. § 473a

   Pub. L. 102–237, § 120(c), 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.”

   Source evidence

   Code amendment note
   Pub. L. 102–237, § 120(c), 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.”

   Enacted provision · exact public law section
   (c) Clarification of Services.— The third sentence of section 3a of such Act is amended to read as follows: “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.”.

6. 1991

   Pub. L. 102–237 § 120(b)(2) · 105 Stat. 1818

   1. Added · 7 U.S.C. § 473a

      Pub. L. 102–237, § 120(b)(2), added cl. (7)

   2. Struck · 7 U.S.C. § 473a

      Pub. L. 102–237, § 120(b)(2), struck out former cl. (7). Text 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.”

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 102–237, § 120(b)(2), added cl. (7) and struck out former cl. (7). Text 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.”

   Enacted provision · exact public law section
   (2) by striking clause (7) and inserting the following new clause: “(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.”.

7. 1991

   Pub. L. 102–237 § 120(b)(1) · 105 Stat. 1818

   1. Added · 7 U.S.C. § 473a

      Pub. L. 102–237, § 120(b)(1), added cls. (1) and (2)

   2. Struck · 7 U.S.C. § 473a

      Pub. L. 102–237, § 120(b)(1), struck out former cls. (1) and (2). Text 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;”

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 102–237, § 120(b)(1), added cls. (1) and (2) and struck out former cls. (1) and (2). Text 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;”.

   Enacted provision · exact public law section
   (1) by striking clauses (1) and (2) and inserting the following new clauses: “(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;”; and

8. 1991

   Pub. L. 102–237 § 120(a) · 105 Stat. 1818

   Amended · 7 U.S.C. § 473a

   Pub. L. 102–237, § 120(a), 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.”

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 102–237, § 120(a), 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.”

   Enacted provision · exact public law section
   (a) Extension of Authorization.— The first sentence of section 3a of the Cotton Statistics and Estimates Act (7 U.S.C. 473a) is amended to read as follows: “Effective for each of fiscal years 1992 through 1996, the Secretary of Agriculture shall make cotton classi-fication 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.”.

9. 1996

   Federal Agriculture Improvement and Reform Act of 1996

   Pub. L. 104–127 title IX § 912(a) · 110 Stat. 888

   Substituted · 7 U.S.C. § 473a

   Pub. L. 104–127 substituted “2002” for “1996” in first sentence

   Source evidence

   Code amendment note
   Pub. L. 104–127 substituted “2002” for “1996” in first sentence.

   Enacted provision · exact public law section
   (a) Extension of Authorization.— The first sentence of section 3a of the Act of March 3, 1927 (commonly known as the “Cotton Statistics and Estimates Act”) (7 U.S.C. 473a), is amended by striking “1996” and inserting “2002”.

10. 2002

    Pub. L. 107–171 title X § 10801(a) · 116 Stat. 134

    Substituted · 7 U.S.C. § 473a

    Pub. L. 107–171 substituted “2007” for “2002” in first sentence

    Source evidence

    Code amendment note
    Pub. L. 107–171 substituted “2007” for “2002” in first sentence.

    Enacted provision · exact public law section
    (a) Extension of Authority to Provide Services.— The first sentence of section 3a of the Act of March 3, 1927 (commonly known as the “Cotton Statistics and Estimates Act”; 7 U.S.C. 473a), is amended by striking “2002” and inserting “2007”.

11. 2008

    Food, Conservation, and Energy Act of 2008

    Pub. L. 110–246 § 14201 · 122 Stat. 1651

    1. Inserted · 7 U.S.C. § 473a

       Pub. L. 110–246, § 14201, inserted section catchline

    2. Amended · 7 U.S.C. § 473a

       Pub. L. 110–246, § 14201, amended text generally

    3. Substituted · 7 U.S.C. § 473a

       Pub. L. 110–246, § 14201, substituting provisions consisting of subsecs. (a) to (g) for former undesignated provisions which related to cotton classification services in fiscal years 1992 through 2007

    Source evidence

    Code amendment note
    Pub. L. 110–246, § 14201, inserted section catchline and amended text generally, substituting provisions consisting of subsecs. (a) to (g) for former undesignated provisions which related to cotton classification services in fiscal years 1992 through 2007.

    Enacted provision · exact public law section
    SEC. 14201. COTTON CLASSIFICATION SERVICES.   Section 3a of the Act of March 3, 1927 (7 U.S.C. 473a), is amended to read as follows: “SEC. 3a. COTTON CLASSIFICATION SERVICES. “(a) In General.— The Secretary of Agriculture (referred to in this section as the ‘Secretary’) shall— “(1) make cotton classification services available to producers of cotton; and “(2) provide for the collection of classification fees from participating producers or agents that voluntarily agree to collect and remit the fees on behalf of producers. “(b) Fees.— “(1) Use of fees.— Classification fees collected under subsection (a)(2) and the proceeds from the sales of samples submitted under this section shall, to the maximum extent practicable, be used to pay the cost of the services provided under this section, including administrative and supervisory costs. “(2) Announcement of fees.— The Deadline. Secretary shall announce a uniform classification fee and any applicable surcharge for classification services not later than June 1 of the year in which the fee applies. “(c) Consultation.— “(1) In general.— In establishing the amount of fees under this section, the Secretary shall consult with representatives of the United States cotton industry. “(2) Exemption.— The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to consultations with representatives of the United States cotton industry under this section. “(d) Crediting of Fees.— Any fees collected under this section and under section 3d, late payment penalties, the proceeds from the sales of samples, and interest earned from the investment of such funds shall— “(1) be credited to the current appropriation account that incurs the cost of services provided under this section and section 3d; and “(2) remain available without fiscal year limitation to pay the expenses of the Secretary in providing those services. “(e) Investment of Funds.— Funds described in subsection (d) may be invested— “(1) by the Secretary in insured or fully collateralized, interest-bearing accounts; or “(2) at the discretion of the Secretary, by the Secretary of the Treasury in United States Government debt instruments. “(f) Lease Agreements.— Notwithstanding any other provision of law, the Secretary may enter into long-term lease agreements that exceed 5 years or may take title to property (including through purchase agreements) for the purpose of obtaining offices to be used for the classification of cotton in accordance with this Act, if the Secretary determines that action would best effectuate the purposes of this Act. “(g) Authorization of Appropriations.— To the extent that financing is not available from fees and the proceeds from the sales of samples, there are authorized to be appropriated such sums as are necessary to carry out this section.” .

    Effective date note
    Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of this title.

12. 2022

    Pub. L. 117–286 § 4(a)(23) · 136 Stat. 4196

    Substituted · 7 U.S.C. § 473a(c)(2)

    Pub. L. 117–286 substituted “Chapter 10 of title 5” for “The Federal Advisory Committee Act (5 U.S.C. App.)”

    Source evidence

    Code amendment note
    Subsec. (c)(2). Pub. L. 117–286 substituted “Chapter 10 of title 5” for “The Federal Advisory Committee Act (5 U.S.C. App.)”.

    Enacted provision · exact public law section
    (23) Section 3a(c)(2) of the Act of March 3, 1927 (7 U.S.C. 473a(c)(2)) is amended by striking “The Federal Advisory Committee Act (5 U.S.C. App.)” and inserting “Chapter 10 of title 5, United States Code,”.

17 of 19 references resolved to an enrolled provision · 2 partial