7 USC 87h – Funding
(a) Authorization of appropriations
There are authorized to be appropriated $23,000,000 for standardization and compliance activities, monitoring in foreign ports grain officially inspected and weighed under this chapter, and any other expenses necessary to carry out the provisions of this chapter for each of the fiscal years 2021 through 2025, to the extent that financing is not obtained from fees and sales of samples as provided for in sections 79, 79a, 79b, 87e, and 87f-1 of this title.
(b) Limitations on uses of user fees
(1) Definitions
In this subsection:
(A) Official inspection or weighing service
The term “official inspection or weighing service” means official inspection, official weighing, supervision of weighing, supervision of agency personnel, supervision of the field office personnel of the Secretary, testing of equipment or instruments, other services, or registration, the cost to the Secretary of which is authorized to be covered by the collection of a user fee pursuant to section 79, 79a, 79b, 87e, or 87f-1 of this title, as applicable.
(B) User fee
The term “user fee” means a fee collected by the Secretary under section 79, 79a, 79b, 87e, or 87f-1 of this title.
(2) Requirement
A user fee—
(A) shall be used solely to cover—
(i) the cost to the Secretary for carrying out official inspection or weighing services; and
(ii) administrative costs to the Secretary directly relating to official inspection or weighing services; and
(B) shall not be used for—
(i) activities relating to the development or maintenance of grain standards; or
(ii) any other activity that is not directly related to the performance of official inspection or weighing services.
Terms Used In 7 USC 87h
- grain: means corn, wheat, rye, oats, barley, flaxseed, sorghum, soybeans, mixed grain, and any other food grains, feed grains, and oilseeds for which standards are established under section 76 of this title. See 7 USC 75
- official inspection: means the determination (by original inspection, and when requested, reinspection and appeal inspection) and the certification, by official inspection personnel of the kind, class, quality, or condition of grain, under standards provided for in this chapter, or the condition of vessels and other carriers or receptacles for the transportation of grain insofar as it may affect the quality or condition of such grain. See 7 USC 75
- official weighing: means the determination and certification by official inspection personnel of the quantity of a lot of grain under standards provided for in this chapter, based on the actual performance of weighing or the physical supervision thereof, including the physical inspection and testing for accuracy of the weights and scales and the physical inspection of the premises at which the weighing is performed and the monitoring of the discharge of grain into the elevator or conveyance (the terms "officially weigh" and "officially weighed" shall be construed accordingly). See 7 USC 75
- officially inspected: shall be construed accordingly). See 7 USC 75
- Secretary: means the Secretary of Agriculture of the United States or delegates of the Secretary. See 7 USC 75
- supervision of weighing: means such supervision by official inspection personnel of the grain-weighing process as is determined by the Secretary to be adequate to reasonably assure the integrity and accuracy of the weighing and of certificates which set forth the weight of the grain and such physical inspection by such personnel of the premises at which the grain weighing is performed as will reasonably assure that all the grain intended to be weighed has been weighed and discharged into the elevator or conveyance. See 7 USC 75