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7 U.S.C. § 2371 — Plant variety protection fees

Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3717&num=0&edition=prelim). **(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.

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Source location: Title 7, Chapter 57, § 2371; chapter-057-plant-variety-protection.md

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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3717&num=0&edition=prelim). **(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.

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Federal law — U.S. Code and appendices · legal_authorities

31 U.S.C. § 3717 — Interest and penalty on claims

**(a)** (1) The head of an executive, judicial, or legislative agency shall charge a minimum annual rate of interest on an outstanding debt on a United States Government claim owed by a person that is equal to the average investment rate for the Treasury tax and loan accounts for the 12-month period ending on September 30 of each year, rounded to the nearest whole percentage point. The Secretary of the Treasury shall publish the rate before November 1 of that year. The rate is effective on the first day of the next calendar quarter. (2) The Secretary may change the rate of interest for a calendar quarter if the average investment rate for the 12-month period ending at the close of the prior calendar quarter, rounded to the nearest whole percentage point, is more or less than the existing published rate by 2 percentage points. **(b)** Interest under subsection (a) of this section accrues from the date— (1) on which notice is mailed after October 25, 1982, if notice was first mailed before October 25, 1982; or (2) notice of the amount due is first mailed to the debtor at the most current address of the debtor available to the head of the executive or 11 So in original. Probably should be “, judicial, or”. legislative agency, if notice is first mailed after October 24, 1982. **(c)** The rate of interest charged under subsection (a) of this section— (1) is the rate in effect on the date from which interest begins to accrue under subsection (b) of this section; and (2) remains fixed at that rate for the duration of the indebtedness. **(d)** Interest under subsection (a) of this section may not be charged if the amount due on the claim is paid within 30 days after the date from which interest accrues under subsection (b) of this section. The head of an executive, jud

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 2371 — Plant variety protection fees

Page 1498 TITLE 7—AGRICULTURE § 2355 things shall apply to contested cases in the Plant Variety Protection Office insofar as con- sistent with such regulations. (b) Every witness subpoenaed or testifying shall be allowed the fees and traveling expenses allowed to witnesses attending the United States district courts. (c) A judge of a court whose clerk issued a sub- poena may enforce obedience to the process or punish disobedience as in other like cases, on proof that a witness, served with such subpoena, neglected or refused to appear or to testify. No witness shall be deemed guilty of contempt for disobeying such subpoena unless the fees and traveling expenses of the witness in going to, and returning from, one day’s attendance at the place of examination, are paid or tendered the witness at the time of the service of the sub- poena; nor for refusing to disclose any secret matter except upon appropriate order of the court which issued the subpoena or of the Sec- retary. (Pub. L. 91–577, title I, § 24, Dec. 24, 1970, 84 Stat. 1544; Pub. L. 103–349, § 13(d), Oct. 6, 1994, 108 Stat. 3143.) Editorial Notes AMENDMENTS 1994—Subsec. (a). Pub. L. 103–349, § 13(d)(1), sub- stituted ‘‘the witness’’ for ‘‘him’’ in first sentence. Subsec. (c). Pub. L. 103–349, § 13(d)(2)(B), substituted ‘‘the witness’’ for ‘‘him’’ after ‘‘paid or tendered’’ in second sentence. Pub. L. 103–349, § 13(d)(2)(A), which directed that sec- ond sentence be amended by substituting ‘‘the fees and traveling expenses of the witness’’ for ‘‘this fees and traveling expenses’’, was executed by making the sub- stitution for ‘‘his fees and traveling expenses’’, to re- flect the probable intent of Congress. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1994 AMENDMENT Amend

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