7 U.S.C. § 87e : US Code - Section 87E: General authorities

Search 7 U.S.C. § 87e : US Code - Section 87E: General authorities

(a) Authority of Secretary
The Secretary is authorized to conduct such investigations; hold
such hearings; require such reports from any official agency, any
State agency delegated authority under this chapter, licensee, or
other person; and prescribe such rules, regulations, and
instructions, as the Secretary deems necessary to effectuate the
purposes or provisions of this chapter. Such regulations may
require, as a condition for official inspection or official
weighing or supervision of weighing, among other things, (1) that
there be installed specified sampling, handling, weighing, and
monitoring equipment in grain elevators, warehouses, and other
grain storage or handling facilities, (2) that approval of the
Secretary be obtained as to the condition of vessels and other
carriers or receptacles for the transporting or storing of grain,
and (3) that persons having a financial interest in the grain which
is to be inspected (or their agents) shall be afforded an
opportunity to observe the weighing, loading, and official
inspection thereof, under conditions prescribed by the Secretary.
Whether any certificate, other form, representation, designation,
or other description is false, incorrect, or misleading within the
meaning of this chapter shall be determined by tests made in
accordance with such procedures as the Secretary may adopt to
effectuate the objectives of this chapter, if the relevant facts
are determinable by such tests. Proceedings under section 85 of
this title for refusal to renew, or for suspension or revocation
of, a license shall not, unless requested by the respondent, be
subject to the administrative procedure provisions in sections 554,
556, and 557 of title 5.
(b) Investigation of reports or complaints of discrepancies and
abuses in official inspection or weighing of grain
The Secretary is authorized to investigate reports or complaints
of discrepancies and abuses in the official inspection and weighing
of grain under this chapter. The Secretary shall prescribe by
regulation procedures for (1) promptly investigating (A) complaints
of foreign grain purchasers regarding the official inspection or
official weighing of grain shipped from the United States, (B) the
cancellation of contracts for the export sale of grain required to
be inspected or weighed under this chapter, and (C) any complaint
regarding the operation or administration of this chapter or any
official transaction with which this chapter is concerned; and (2)
taking appropriate action on the basis of the findings of any
investigation of such complaints.
(c) Monitoring of United States grain upon its entry into foreign
nations
The Secretary is authorized to cause official inspection
personnel to monitor in foreign nations which are substantial
importers of grain from the United States, grain imported from the
United States upon its entry into the foreign nation, to determine
whether such grain is of a comparable kind, class, quality, and
condition after considering the handling methods and conveyance
utilized at the time of loading, and the same quantity that it was
certified to be upon official inspection and official weighing in
the United States.
(d) Authority of Office of Investigation of Department of
Agriculture
The Office of Investigation of the Department of Agriculture (or
such other organization or agency within the Department of
Agriculture which may be delegated the authority, in lieu thereof,
to conduct investigations on behalf of the Department of
Agriculture) shall conduct such investigations regarding the
operation or administration of this chapter or any official
transaction with which this chapter is concerned, as the Director
thereof deems necessary to assure the integrity of official
inspection and weighing under this chapter.
(e) Research program to develop methods of improving accuracy and
uniformity in grading grain
The Secretary is authorized to conduct, in cooperation with other
agencies within the Department of Agriculture, a continuing
research program for the purpose of developing methods to improve
accuracy and uniformity in grading grain.
(f) Adequate personnel to meet inspection and weighing requirements
To assure the normal movement of grain at all inspection points
in a timely manner consistent with the policy expressed in section
74 of this title, the Secretary shall, notwithstanding any other
provision of law, provide adequate personnel to meet the inspection
and weighing requirements of this chapter.
(g) Testing of certain weighing equipment
(1) Subject to paragraph (2), the Secretary may provide for the
testing of weighing equipment used for purposes other than weighing
grain. The testing shall be performed - 
(A) in accordance with such regulations as the Secretary may
prescribe; and
(B) for a reasonable fee established by regulation or
contractual agreement and sufficient to cover, as nearly as
practicable, the estimated costs of the testing performed.
(2) Testing performed under paragraph (1) may not conflict with
or impede the objectives specified in section 74 of this title.
(h) Testing of grain inspection instruments
(1) Subject to paragraph (2), the Secretary may provide for the
testing of grain inspection instruments used for commercial
inspection. The testing shall be performed - 
(A) in accordance with such regulations as the Secretary may
prescribe; and
(B) for a reasonable fee established by regulation or
contractual agreement and sufficient to cover, as nearly as
practicable, the estimated costs of the testing performed.
(2) Testing performed under paragraph (1) may not conflict with
or impede the objectives specified in section 74 of this title.
(i) Additional for fee services
(1) In accordance with such regulations as the Secretary may
provide, the Secretary may perform such other services as the
Secretary considers to be appropriate.
(2) In addition to the fees authorized by sections 79, 79a, 79b,
and 87f-1 of this title, and this section, the Secretary shall
collect reasonable fees to cover the estimated costs of services
performed under paragraph (1) other than standardization and
foreign monitoring activities.
(3) To the extent practicable, the fees collected under paragraph
(2), together with any proceeds from the sale of any samples, shall
cover the costs, including administrative and supervisory costs, of
services performed under paragraph (1).
(j) Deposit of fees
Fees collected under subsections (g), (h), and (i) of this
section shall be deposited into the fund created under section
79(j) of this title.
(k) Official courtesies
The Secretary may extend appropriate courtesies to official
representatives of foreign countries in order to establish and
maintain relationships to carry out the policy stated in section 74
of this title. No gift offered or accepted pursuant to this
subsection shall exceed $20 in value.