§ 84. Licensing of inspectors

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. 1916

   Pub. L. 64–313 · 39 Stat. 446

   Enacted · 7 U.S.C. § 84

   Aug. 11, 1916, ch. 313, pt. B, § 8, 39 Stat. 485

   Source evidence

   Code source credit
   Aug. 11, 1916, ch. 313, pt. B, § 8, 39 Stat. 485

2. 1968

   Pub. L. 90–487 § 1 · 82 Stat. 761

   Substituted · 7 U.S.C. § 84

   Pub. L. 90–487 substituted provisions for the licensing and examination and reexamination of inspectors for provisions authorizing the Secretary of Agriculture to promulgate rules and regulations

   Source evidence

   Code amendment note
   Pub. L. 90–487 substituted provisions for the licensing and examination and reexamination of inspectors for provisions authorizing the Secretary of Agriculture to promulgate rules and regulations.

3. 1976

   United States Grain Standards Act of 1976

   Pub. L. 94–582 § 10 · 90 Stat. 2867

   1. Substituted · 7 U.S.C. § 84(a)

      Pub. L. 94–582 substituted “Administrator” for “Secretary” in two places; designated existing provisions as item (1)

   2. Substituted · 7 U.S.C. § 84(a)

      Pub. L. 94–582 substituted “official agency or a State agency delegated authority under section 79 or 79a of this title, to perform all or specified functions involved in original inspection or reinspection functions involved in official inspection, or in the official weighing or the supervision of weighing of grain in the United States” for “official inspection agency to perform all or specified functions involved in official inspection”; substituted provisions designated as item (2) for “to authorize any competent employee of the Department of Agriculture to perform all or specified functions involved in supervisory or appeal inspection or initial inspection of United States grain in Canadian ports”; inserted items (3) and (4); struck out authorization to license any competent individual to perform specified functions involved in official inspection under a contract with the Department of Agriculture; and conditioned performance of any official weighing function on the holding of a license or authorization

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 94–582 substituted “Administrator” for “Secretary” in two places; designated existing provisions as item (1) and substituted “official agency or a State agency delegated authority under section 79 or 79a of this title, to perform all or specified functions involved in original inspection or reinspection functions involved in official inspection, or in the official weighing or the supervision of weighing of grain in the United States” for “official inspection agency to perform all or specified functions involved in official inspection”; substituted provisions designated as item (2) for “to authorize any competent employee of the Department of Agriculture to perform all or specified functions involved in supervisory or appeal inspection or initial inspection of United States grain in Canadian ports”; inserted items (3) and (4); struck out authorization to license any competent individual to perform specified functions involved in official inspection under a contract with the Department of Agriculture; and conditioned performance of any official weighing function on the holding of a license or authorization.

   Enacted provision · exact public law section
   Sec. 10. licenses and authorizations Section 8 of the United States Grain Standards Act, as amended (7 U.S.C. 84), is amended to read as follows: “Sec. 8. “licenses and authorizations (a) The Administrator is authorized (1) to issue a license to any individual upon presentation to him of satisfactory evidence that such individual is competent, and is employed by an official agency or a State agency delegated authority under section 7 or 7A of this Act, to perform all or specified functions involved in original inspec- Ante, pp. 2870, 2875. tion or reinspection functions involved in official inspection, or in the official weighing or the supervision of weighing of grain in the United States; (2) to authorize any competent employee of the Service to (A) perform all or specified original inspection, reinspection, or appeal inspection functions involved in official inspection of grain in the United States, or of United States grain in Canadian ports, (B) perform official weighing or supervision of weighing of grain, (C) supervise the official inspection, official weighing, or supervision of weighing of grain in the United States and of United States grain in Canadian ports or the testing of equipment, and (I)) perform monitoring activities in foreign ports with respect to grain officially inspected and officially weighed under this Act; (3) to contract with any person to perform specified sampling and laboratory testing and to license competent persons to perform such functions pursuant to such contract; and (4) to contract with any competent person for the performance of monitoring activities in foreign ports with respect to grain officially inspected and officially weighed under this Act. No person shall perform any official inspection or weighing function for purposes of this Act unless such person holds an unsuspended and unrevoked license or authorization from the Administrator under this Act. “(b) All classes of licenses issued under this Act shall terminate triennially on a date or dates to be fixed by regulation of the Suspension. Administrator: Provided, That any license shall be suspended automatically when the licensee ceases to be employed by an official agency or by a State agency under a delegation of authority pursuant to this Act or to operate independently under the terms of a contract for the conduct of any functions involved in official inspection under this Reinstatement. Act: Provided further, That subject to subsection (c) of this section such license shall be reinstated if the licensee is employed by an official agency or by a State agency under a delegation of authority pursuant to this Act or resumes operation under such a contract within one year of the suspension date and the license has not expired in the interim. “(c) The Administrator may require such examinations and reexaminations as he may deem warranted to determine the competence of any applicants for licenses, licensees, or employees of the Service, to perform any official inspection or weighing function under this Act. “(d) Persons employed by an official agency (including persons employed by a State agency under a delegation of authority pursuant to this Act) and persons performing official inspection functions under contract with the Service shall not, unless otherwise employed by the Federal Government, be determined to be employees of the Federal Government of the United States: Provided, That such persons shall be considered in the performance of any official inspection, official weighing, or supervision of weighing function as prescribed by this Act or by the rules and regulations of the Administrator, as persons acting for or on behalf of the United States, for the purpose of determining the application of section 201 of title 18 of the United States Code, to such persons and as employees of the Department of Agriculture assigned to perform inspection functions for (he purposes of sections 1114 and 111 of title 18 of the United States Code. “(e) The Administrator may hire (without regard to the provisions of title 5 of the United States Code, governing appointments in the competitive service) as official inspection personnel any individual who is licensed (on the date of enactment of the United States Grain Standards Act of 1976)) to perform functions of official inspection under the United States Grain Standards Act and as personnel 7 USC 71. to perform supervisory weighing or official weighing functions any individual who, on the date of enactment of the United States Grain Standards Act of 1976, was performing similar functions: Provided, That the Administrator determines that such individual is of good moral character and is technically and professionally qualified for the duties to which the individual will be assigned. “(f) The Administrator shall provide for the periodic rotation of Personnel rotation. supervisory personnel and official inspection personnel employed by the Service as he deems necessary to preserve the integrity of the official inspection system provided by this Act. “(g) The Administrator shall develop and effectuate standards for Standards. the recruiting, training, and supervising of official inspection personnel and appropriate work production standards for such personnel, which shall be applicable to the Service, ail State agencies under delegation of authority pursuant to this Act, and all official agencies and all persons licensed or authorized to perform functions under this Act: Provided, That persons licensed or authorized on the date of Exemption. enactment of the United States Grain Standards Act of 1976 to perform any official function under this Act, shall be exempted from the uniform recruiting and training provisions of this subsection and regulations or standards issued pursuant thereto if the Administrator determines that such persons are technically and professionally qualified for the duties to which they will be assigned and they agree to complete whatever additional training the Administrator deems necessary.”.

4. 1976

   United States Grain Standards Act of 1976

   Pub. L. 94–582 § 10 · 90 Stat. 2867

   1. Substituted · 7 U.S.C. § 84(b)

      Pub. L. 94–582 substituted “Administrator” for “Secretary”

   2. Substituted · 7 U.S.C. § 84(b)

      Pub. L. 94–582 substituted “official agency” for “official inspection agency”

   3. Substituted · 7 U.S.C. § 84(b)

      Pub. L. 94–582 substituted “subsection (c)” for “paragraph (c)”

   4. Inserted · 7 U.S.C. § 84(b)

      Pub. L. 94–582 inserted provision respecting employment of licensee by a State agency under a delegation of authority pursuant to this chapter in two places

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 94–582 substituted “Administrator” for “Secretary”, “official agency” for “official inspection agency” in two places, and “subsection (c)” for “paragraph (c)”, and inserted provision respecting employment of licensee by a State agency under a delegation of authority pursuant to this chapter in two places.

   Enacted provision · exact public law section
   Sec. 10. licenses and authorizations Section 8 of the United States Grain Standards Act, as amended (7 U.S.C. 84), is amended to read as follows: “Sec. 8. “licenses and authorizations (a) The Administrator is authorized (1) to issue a license to any individual upon presentation to him of satisfactory evidence that such individual is competent, and is employed by an official agency or a State agency delegated authority under section 7 or 7A of this Act, to perform all or specified functions involved in original inspec- Ante, pp. 2870, 2875. tion or reinspection functions involved in official inspection, or in the official weighing or the supervision of weighing of grain in the United States; (2) to authorize any competent employee of the Service to (A) perform all or specified original inspection, reinspection, or appeal inspection functions involved in official inspection of grain in the United States, or of United States grain in Canadian ports, (B) perform official weighing or supervision of weighing of grain, (C) supervise the official inspection, official weighing, or supervision of weighing of grain in the United States and of United States grain in Canadian ports or the testing of equipment, and (I)) perform monitoring activities in foreign ports with respect to grain officially inspected and officially weighed under this Act; (3) to contract with any person to perform specified sampling and laboratory testing and to license competent persons to perform such functions pursuant to such contract; and (4) to contract with any competent person for the performance of monitoring activities in foreign ports with respect to grain officially inspected and officially weighed under this Act. No person shall perform any official inspection or weighing function for purposes of this Act unless such person holds an unsuspended and unrevoked license or authorization from the Administrator under this Act. “(b) All classes of licenses issued under this Act shall terminate triennially on a date or dates to be fixed by regulation of the Suspension. Administrator: Provided, That any license shall be suspended automatically when the licensee ceases to be employed by an official agency or by a State agency under a delegation of authority pursuant to this Act or to operate independently under the terms of a contract for the conduct of any functions involved in official inspection under this Reinstatement. Act: Provided further, That subject to subsection (c) of this section such license shall be reinstated if the licensee is employed by an official agency or by a State agency under a delegation of authority pursuant to this Act or resumes operation under such a contract within one year of the suspension date and the license has not expired in the interim. “(c) The Administrator may require such examinations and reexaminations as he may deem warranted to determine the competence of any applicants for licenses, licensees, or employees of the Service, to perform any official inspection or weighing function under this Act. “(d) Persons employed by an official agency (including persons employed by a State agency under a delegation of authority pursuant to this Act) and persons performing official inspection functions under contract with the Service shall not, unless otherwise employed by the Federal Government, be determined to be employees of the Federal Government of the United States: Provided, That such persons shall be considered in the performance of any official inspection, official weighing, or supervision of weighing function as prescribed by this Act or by the rules and regulations of the Administrator, as persons acting for or on behalf of the United States, for the purpose of determining the application of section 201 of title 18 of the United States Code, to such persons and as employees of the Department of Agriculture assigned to perform inspection functions for (he purposes of sections 1114 and 111 of title 18 of the United States Code. “(e) The Administrator may hire (without regard to the provisions of title 5 of the United States Code, governing appointments in the competitive service) as official inspection personnel any individual who is licensed (on the date of enactment of the United States Grain Standards Act of 1976)) to perform functions of official inspection under the United States Grain Standards Act and as personnel 7 USC 71. to perform supervisory weighing or official weighing functions any individual who, on the date of enactment of the United States Grain Standards Act of 1976, was performing similar functions: Provided, That the Administrator determines that such individual is of good moral character and is technically and professionally qualified for the duties to which the individual will be assigned. “(f) The Administrator shall provide for the periodic rotation of Personnel rotation. supervisory personnel and official inspection personnel employed by the Service as he deems necessary to preserve the integrity of the official inspection system provided by this Act. “(g) The Administrator shall develop and effectuate standards for Standards. the recruiting, training, and supervising of official inspection personnel and appropriate work production standards for such personnel, which shall be applicable to the Service, ail State agencies under delegation of authority pursuant to this Act, and all official agencies and all persons licensed or authorized to perform functions under this Act: Provided, That persons licensed or authorized on the date of Exemption. enactment of the United States Grain Standards Act of 1976 to perform any official function under this Act, shall be exempted from the uniform recruiting and training provisions of this subsection and regulations or standards issued pursuant thereto if the Administrator determines that such persons are technically and professionally qualified for the duties to which they will be assigned and they agree to complete whatever additional training the Administrator deems necessary.”.

5. 1976

   United States Grain Standards Act of 1976

   Pub. L. 94–582 § 10 · 90 Stat. 2867

   1. Substituted · 7 U.S.C. § 84(c)

      Pub. L. 94–582 substituted “Administrator” for “Secretary” included performance of weighing function

   2. Substituted · 7 U.S.C. § 84(c)

      Pub. L. 94–582 substituted “Service” for “Department of Agriculture” included performance of weighing function

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 94–582 substituted “Administrator” for “Secretary” and “Service” for “Department of Agriculture” and included performance of weighing function.

   Enacted provision · exact public law section
   Sec. 10. licenses and authorizations Section 8 of the United States Grain Standards Act, as amended (7 U.S.C. 84), is amended to read as follows: “Sec. 8. “licenses and authorizations (a) The Administrator is authorized (1) to issue a license to any individual upon presentation to him of satisfactory evidence that such individual is competent, and is employed by an official agency or a State agency delegated authority under section 7 or 7A of this Act, to perform all or specified functions involved in original inspec- Ante, pp. 2870, 2875. tion or reinspection functions involved in official inspection, or in the official weighing or the supervision of weighing of grain in the United States; (2) to authorize any competent employee of the Service to (A) perform all or specified original inspection, reinspection, or appeal inspection functions involved in official inspection of grain in the United States, or of United States grain in Canadian ports, (B) perform official weighing or supervision of weighing of grain, (C) supervise the official inspection, official weighing, or supervision of weighing of grain in the United States and of United States grain in Canadian ports or the testing of equipment, and (I)) perform monitoring activities in foreign ports with respect to grain officially inspected and officially weighed under this Act; (3) to contract with any person to perform specified sampling and laboratory testing and to license competent persons to perform such functions pursuant to such contract; and (4) to contract with any competent person for the performance of monitoring activities in foreign ports with respect to grain officially inspected and officially weighed under this Act. No person shall perform any official inspection or weighing function for purposes of this Act unless such person holds an unsuspended and unrevoked license or authorization from the Administrator under this Act. “(b) All classes of licenses issued under this Act shall terminate triennially on a date or dates to be fixed by regulation of the Suspension. Administrator: Provided, That any license shall be suspended automatically when the licensee ceases to be employed by an official agency or by a State agency under a delegation of authority pursuant to this Act or to operate independently under the terms of a contract for the conduct of any functions involved in official inspection under this Reinstatement. Act: Provided further, That subject to subsection (c) of this section such license shall be reinstated if the licensee is employed by an official agency or by a State agency under a delegation of authority pursuant to this Act or resumes operation under such a contract within one year of the suspension date and the license has not expired in the interim. “(c) The Administrator may require such examinations and reexaminations as he may deem warranted to determine the competence of any applicants for licenses, licensees, or employees of the Service, to perform any official inspection or weighing function under this Act. “(d) Persons employed by an official agency (including persons employed by a State agency under a delegation of authority pursuant to this Act) and persons performing official inspection functions under contract with the Service shall not, unless otherwise employed by the Federal Government, be determined to be employees of the Federal Government of the United States: Provided, That such persons shall be considered in the performance of any official inspection, official weighing, or supervision of weighing function as prescribed by this Act or by the rules and regulations of the Administrator, as persons acting for or on behalf of the United States, for the purpose of determining the application of section 201 of title 18 of the United States Code, to such persons and as employees of the Department of Agriculture assigned to perform inspection functions for (he purposes of sections 1114 and 111 of title 18 of the United States Code. “(e) The Administrator may hire (without regard to the provisions of title 5 of the United States Code, governing appointments in the competitive service) as official inspection personnel any individual who is licensed (on the date of enactment of the United States Grain Standards Act of 1976)) to perform functions of official inspection under the United States Grain Standards Act and as personnel 7 USC 71. to perform supervisory weighing or official weighing functions any individual who, on the date of enactment of the United States Grain Standards Act of 1976, was performing similar functions: Provided, That the Administrator determines that such individual is of good moral character and is technically and professionally qualified for the duties to which the individual will be assigned. “(f) The Administrator shall provide for the periodic rotation of Personnel rotation. supervisory personnel and official inspection personnel employed by the Service as he deems necessary to preserve the integrity of the official inspection system provided by this Act. “(g) The Administrator shall develop and effectuate standards for Standards. the recruiting, training, and supervising of official inspection personnel and appropriate work production standards for such personnel, which shall be applicable to the Service, ail State agencies under delegation of authority pursuant to this Act, and all official agencies and all persons licensed or authorized to perform functions under this Act: Provided, That persons licensed or authorized on the date of Exemption. enactment of the United States Grain Standards Act of 1976 to perform any official function under this Act, shall be exempted from the uniform recruiting and training provisions of this subsection and regulations or standards issued pursuant thereto if the Administrator determines that such persons are technically and professionally qualified for the duties to which they will be assigned and they agree to complete whatever additional training the Administrator deems necessary.”.

6. 1976

   United States Grain Standards Act of 1976

   Pub. L. 94–582 § 10 · 90 Stat. 2867

   1. Substituted · 7 U.S.C. § 84(d)

      Pub. L. 94–582 substituted “official agency (including persons employed by a State agency under a delegation of authority pursuant to this chapter)” for “official inspection agency”

   2. Substituted · 7 U.S.C. § 84(d)

      Pub. L. 94–582 substituted “contract with the Service” for “contracts with the Department of Agriculture”

   3. Inserted · 7 U.S.C. § 84(d)

      Pub. L. 94–582 inserted provision respecting status as persons acting for or on behalf of the United States in application of sections 118, 201, and 1114 of Title 18

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 94–582 substituted “official agency (including persons employed by a State agency under a delegation of authority pursuant to this chapter)” for “official inspection agency” and “contract with the Service” for “contracts with the Department of Agriculture” and inserted provision respecting status as persons acting for or on behalf of the United States in application of sections 118, 201, and 1114 of Title 18.

   Enacted provision · exact public law section
   Sec. 10. licenses and authorizations Section 8 of the United States Grain Standards Act, as amended (7 U.S.C. 84), is amended to read as follows: “Sec. 8. “licenses and authorizations (a) The Administrator is authorized (1) to issue a license to any individual upon presentation to him of satisfactory evidence that such individual is competent, and is employed by an official agency or a State agency delegated authority under section 7 or 7A of this Act, to perform all or specified functions involved in original inspec- Ante, pp. 2870, 2875. tion or reinspection functions involved in official inspection, or in the official weighing or the supervision of weighing of grain in the United States; (2) to authorize any competent employee of the Service to (A) perform all or specified original inspection, reinspection, or appeal inspection functions involved in official inspection of grain in the United States, or of United States grain in Canadian ports, (B) perform official weighing or supervision of weighing of grain, (C) supervise the official inspection, official weighing, or supervision of weighing of grain in the United States and of United States grain in Canadian ports or the testing of equipment, and (I)) perform monitoring activities in foreign ports with respect to grain officially inspected and officially weighed under this Act; (3) to contract with any person to perform specified sampling and laboratory testing and to license competent persons to perform such functions pursuant to such contract; and (4) to contract with any competent person for the performance of monitoring activities in foreign ports with respect to grain officially inspected and officially weighed under this Act. No person shall perform any official inspection or weighing function for purposes of this Act unless such person holds an unsuspended and unrevoked license or authorization from the Administrator under this Act. “(b) All classes of licenses issued under this Act shall terminate triennially on a date or dates to be fixed by regulation of the Suspension. Administrator: Provided, That any license shall be suspended automatically when the licensee ceases to be employed by an official agency or by a State agency under a delegation of authority pursuant to this Act or to operate independently under the terms of a contract for the conduct of any functions involved in official inspection under this Reinstatement. Act: Provided further, That subject to subsection (c) of this section such license shall be reinstated if the licensee is employed by an official agency or by a State agency under a delegation of authority pursuant to this Act or resumes operation under such a contract within one year of the suspension date and the license has not expired in the interim. “(c) The Administrator may require such examinations and reexaminations as he may deem warranted to determine the competence of any applicants for licenses, licensees, or employees of the Service, to perform any official inspection or weighing function under this Act. “(d) Persons employed by an official agency (including persons employed by a State agency under a delegation of authority pursuant to this Act) and persons performing official inspection functions under contract with the Service shall not, unless otherwise employed by the Federal Government, be determined to be employees of the Federal Government of the United States: Provided, That such persons shall be considered in the performance of any official inspection, official weighing, or supervision of weighing function as prescribed by this Act or by the rules and regulations of the Administrator, as persons acting for or on behalf of the United States, for the purpose of determining the application of section 201 of title 18 of the United States Code, to such persons and as employees of the Department of Agriculture assigned to perform inspection functions for (he purposes of sections 1114 and 111 of title 18 of the United States Code. “(e) The Administrator may hire (without regard to the provisions of title 5 of the United States Code, governing appointments in the competitive service) as official inspection personnel any individual who is licensed (on the date of enactment of the United States Grain Standards Act of 1976)) to perform functions of official inspection under the United States Grain Standards Act and as personnel 7 USC 71. to perform supervisory weighing or official weighing functions any individual who, on the date of enactment of the United States Grain Standards Act of 1976, was performing similar functions: Provided, That the Administrator determines that such individual is of good moral character and is technically and professionally qualified for the duties to which the individual will be assigned. “(f) The Administrator shall provide for the periodic rotation of Personnel rotation. supervisory personnel and official inspection personnel employed by the Service as he deems necessary to preserve the integrity of the official inspection system provided by this Act. “(g) The Administrator shall develop and effectuate standards for Standards. the recruiting, training, and supervising of official inspection personnel and appropriate work production standards for such personnel, which shall be applicable to the Service, ail State agencies under delegation of authority pursuant to this Act, and all official agencies and all persons licensed or authorized to perform functions under this Act: Provided, That persons licensed or authorized on the date of Exemption. enactment of the United States Grain Standards Act of 1976 to perform any official function under this Act, shall be exempted from the uniform recruiting and training provisions of this subsection and regulations or standards issued pursuant thereto if the Administrator determines that such persons are technically and professionally qualified for the duties to which they will be assigned and they agree to complete whatever additional training the Administrator deems necessary.”.

7. 1976

   United States Grain Standards Act of 1976

   Pub. L. 94–582 § 10 · 90 Stat. 2867

   Added · 7 U.S.C. § 84(e)(g)

   Pub. L. 94–582 added subsecs. (e) to (g)

   Source evidence

   Code amendment note
   Subsecs. (e) to (g). Pub. L. 94–582 added subsecs. (e) to (g).

   Enacted provision · exact public law section
   Sec. 10. licenses and authorizations Section 8 of the United States Grain Standards Act, as amended (7 U.S.C. 84), is amended to read as follows: “Sec. 8. “licenses and authorizations (a) The Administrator is authorized (1) to issue a license to any individual upon presentation to him of satisfactory evidence that such individual is competent, and is employed by an official agency or a State agency delegated authority under section 7 or 7A of this Act, to perform all or specified functions involved in original inspec- Ante, pp. 2870, 2875. tion or reinspection functions involved in official inspection, or in the official weighing or the supervision of weighing of grain in the United States; (2) to authorize any competent employee of the Service to (A) perform all or specified original inspection, reinspection, or appeal inspection functions involved in official inspection of grain in the United States, or of United States grain in Canadian ports, (B) perform official weighing or supervision of weighing of grain, (C) supervise the official inspection, official weighing, or supervision of weighing of grain in the United States and of United States grain in Canadian ports or the testing of equipment, and (I)) perform monitoring activities in foreign ports with respect to grain officially inspected and officially weighed under this Act; (3) to contract with any person to perform specified sampling and laboratory testing and to license competent persons to perform such functions pursuant to such contract; and (4) to contract with any competent person for the performance of monitoring activities in foreign ports with respect to grain officially inspected and officially weighed under this Act. No person shall perform any official inspection or weighing function for purposes of this Act unless such person holds an unsuspended and unrevoked license or authorization from the Administrator under this Act. “(b) All classes of licenses issued under this Act shall terminate triennially on a date or dates to be fixed by regulation of the Suspension. Administrator: Provided, That any license shall be suspended automatically when the licensee ceases to be employed by an official agency or by a State agency under a delegation of authority pursuant to this Act or to operate independently under the terms of a contract for the conduct of any functions involved in official inspection under this Reinstatement. Act: Provided further, That subject to subsection (c) of this section such license shall be reinstated if the licensee is employed by an official agency or by a State agency under a delegation of authority pursuant to this Act or resumes operation under such a contract within one year of the suspension date and the license has not expired in the interim. “(c) The Administrator may require such examinations and reexaminations as he may deem warranted to determine the competence of any applicants for licenses, licensees, or employees of the Service, to perform any official inspection or weighing function under this Act. “(d) Persons employed by an official agency (including persons employed by a State agency under a delegation of authority pursuant to this Act) and persons performing official inspection functions under contract with the Service shall not, unless otherwise employed by the Federal Government, be determined to be employees of the Federal Government of the United States: Provided, That such persons shall be considered in the performance of any official inspection, official weighing, or supervision of weighing function as prescribed by this Act or by the rules and regulations of the Administrator, as persons acting for or on behalf of the United States, for the purpose of determining the application of section 201 of title 18 of the United States Code, to such persons and as employees of the Department of Agriculture assigned to perform inspection functions for (he purposes of sections 1114 and 111 of title 18 of the United States Code. “(e) The Administrator may hire (without regard to the provisions of title 5 of the United States Code, governing appointments in the competitive service) as official inspection personnel any individual who is licensed (on the date of enactment of the United States Grain Standards Act of 1976)) to perform functions of official inspection under the United States Grain Standards Act and as personnel 7 USC 71. to perform supervisory weighing or official weighing functions any individual who, on the date of enactment of the United States Grain Standards Act of 1976, was performing similar functions: Provided, That the Administrator determines that such individual is of good moral character and is technically and professionally qualified for the duties to which the individual will be assigned. “(f) The Administrator shall provide for the periodic rotation of Personnel rotation. supervisory personnel and official inspection personnel employed by the Service as he deems necessary to preserve the integrity of the official inspection system provided by this Act. “(g) The Administrator shall develop and effectuate standards for Standards. the recruiting, training, and supervising of official inspection personnel and appropriate work production standards for such personnel, which shall be applicable to the Service, ail State agencies under delegation of authority pursuant to this Act, and all official agencies and all persons licensed or authorized to perform functions under this Act: Provided, That persons licensed or authorized on the date of Exemption. enactment of the United States Grain Standards Act of 1976 to perform any official function under this Act, shall be exempted from the uniform recruiting and training provisions of this subsection and regulations or standards issued pursuant thereto if the Administrator determines that such persons are technically and professionally qualified for the duties to which they will be assigned and they agree to complete whatever additional training the Administrator deems necessary.”.

8. 1977

   Food and Agriculture Act of 1977

   Pub. L. 95–113 § 1604(g)(1)(A) · 91 Stat. 913

   Substituted · 7 U.S.C. § 84(a)(1)

   Pub. L. 95–113, § 1604(g)(1)(A), substituted “weighing, other than appeal weighing, of grain” for “weighing of grain”

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 95–113, § 1604(g)(1)(A), substituted “weighing, other than appeal weighing, of grain” for “weighing of grain”.

   Enacted provision · exact public law section
   (A) inserting “, other than appeal weighing,” immediately after “supervision of weighing” in clause (1);

   Effective date note
   Amendment by Pub. L. 95–113 effective Oct. 1, 1977, see section 1901 of Pub. L. 95–113, set out as a note under section 1307 of this title.

9. 1977

   Food and Agriculture Act of 1977

   Pub. L. 95–113 § 1604(g)(1)(B) · 91 Stat. 913

   Substituted · 7 U.S.C. § 84(a)(2)(B)

   Pub. L. 95–113, § 1604(g)(1)(B), substituted “weighing (including appeal weighing) of grain in the United States, or of United States grain in Canadian ports” for “weighing of grain”

   Source evidence

   Code amendment note
   Subsec. (a)(2)(B). Pub. L. 95–113, § 1604(g)(1)(B), substituted “weighing (including appeal weighing) of grain in the United States, or of United States grain in Canadian ports” for “weighing of grain”.

   Enacted provision · exact public law section
   (B) striking out “of grain” in clause (2) (B) and inserting in lieu thereof “(including appeal weighing) of grain in the United States, or of United States grain in Canadian ports”; and

   Effective date note
   Amendment by Pub. L. 95–113 effective Oct. 1, 1977, see section 1901 of Pub. L. 95–113, set out as a note under section 1307 of this title.

10. 1977

    Food and Agriculture Act of 1977

    Pub. L. 95–113 § 1604(g)(1)(C) · 91 Stat. 913

    Substituted · 7 U.S.C. § 84(a)(3)

    Pub. L. 95–113, § 1604(g)(1)(C), substituted “any person or governmental agency specified sampling, laboratory testing, and similar technical functions” for “any person to perform specified sampling and laboratory testing”

    Source evidence

    Code amendment note
    Subsec. (a)(3). Pub. L. 95–113, § 1604(g)(1)(C), substituted “any person or governmental agency specified sampling, laboratory testing, and similar technical functions” for “any person to perform specified sampling and laboratory testing”.

    Enacted provision · exact public law section
    (C) in clause (3), inserting “or governmental agency” immediately after “(3) to contract with any person”, and striking out “specified sampling and laboratory testing” and inserting in lieu thereof “specified sampling, laboratory testing, and similar technical functions”; and

    Effective date note
    Amendment by Pub. L. 95–113 effective Oct. 1, 1977, see section 1901 of Pub. L. 95–113, set out as a note under section 1307 of this title.

11. 1977

    Food and Agriculture Act of 1977

    Pub. L. 95–113 § 1604(g)(2) · 91 Stat. 913

    Inserted · 7 U.S.C. § 84(e)

    Pub. L. 95–113, § 1604(g)(2), inserted provisions authorizing the Administrator to compensate the personnel at any rate within the appropriate grade of the General Schedule as the Administrator deems necessary without regard to section 5333 of title 5

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 95–113, § 1604(g)(2), inserted provisions authorizing the Administrator to compensate the personnel at any rate within the appropriate grade of the General Schedule as the Administrator deems necessary without regard to section 5333 of title 5.

    Enacted provision · exact public law section
    (2) adding at the end of subsection (e) a new sentence as follows: “The Administrator may compensate such personnel at any rate within the appropriate grade of the General Schedule as the. Administrator deems necessary without regard to section 5333 of title 5 of the United States Cocle.”.

    Effective date note
    Amendment by Pub. L. 95–113 effective Oct. 1, 1977, see section 1901 of Pub. L. 95–113, set out as a note under section 1307 of this title.

12. 1977

    Food and Agriculture Act of 1977

    Pub. L. 95–113 § 1606(f) · 91 Stat. 913

    Substituted · 7 U.S.C. § 84(f)

    Pub. L. 95–113, § 1606(f), substituted “official inspection and weighing system” for “official inspection system”

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 95–113, § 1606(f), substituted “official inspection and weighing system” for “official inspection system”.

    Enacted provision · exact public law section
    (f) Section 8(f) is amended by inserting “and weighing” immediately after “integrity of the official inspection”.

    Effective date note
    Amendment by Pub. L. 95–113 effective Oct. 1, 1977, see section 1901 of Pub. L. 95–113, set out as a note under section 1307 of this title.

13. 1993

    United States Grain Standards Act Amendments of 1993

    Pub. L. 103–156 § 12(g) · 107 Stat. 1525

    Amended · 7 U.S.C. § 84

    Pub. L. 103–156, § 12(g), which directed amendment of “Section 8”, without specifying the name of the Act being amended, was executed to this section, which is section 8 of the United States Grain Standards Act, to reflect the probable intent of Congress

    Source evidence

    Code amendment note
    Pub. L. 103–156, § 12(g), which directed amendment of “Section 8”, without specifying the name of the Act being amended, was executed to this section, which is section 8 of the United States Grain Standards Act, to reflect the probable intent of Congress.

    Enacted provision · exact public law section
    (g) Section 8 (7 U.S.C. 84) is amended— (1) in subsection (a), by striking “him” and inserting “the Administrator”; and (2) in subsections (c) and (f), by striking “he” each place it appears and inserting “the Administrator”.

14. 1993

    United States Grain Standards Act Amendments of 1993

    Pub. L. 103–156 · 107 Stat. 1525

    1. Substituted · 7 U.S.C. § 84(a)

       Pub. L. 103–156, §§ 6(1), 12(g)(1), in cl. (1), substituted “presentation to the Administrator” for “presentation to him”

    2. Inserted · 7 U.S.C. § 84(a)

       Pub. L. 103–156, §§ 6(1), 12(g)(1), in cl. (1), inserted “(or is supervised under a contractual arrangement)” after “and is employed”, and in second sentence

    3. Substituted · 7 U.S.C. § 84(a)

       Pub. L. 103–156, §§ 6(1), 12(g)(1), in cl. (1), substituted “Except as otherwise provided in sections 79(i) and 79a(d) of this title, no person” for “No person”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 103–156, §§ 6(1), 12(g)(1), in cl. (1), substituted “presentation to the Administrator” for “presentation to him” and inserted “(or is supervised under a contractual arrangement)” after “and is employed”, and in second sentence, substituted “Except as otherwise provided in sections 79(i) and 79a(d) of this title, no person” for “No person”.

15. 1993

    United States Grain Standards Act Amendments of 1993

    Pub. L. 103–156 § 6(2) · 107 Stat. 1525

    Substituted · 7 U.S.C. § 84(b)

    Pub. L. 103–156, § 6(2), substituted “under the terms of a contract for the conduct of any functions” for “independently under the terms of a contract for the conduct of any functions involved in official inspection”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 103–156, § 6(2), substituted “under the terms of a contract for the conduct of any functions” for “independently under the terms of a contract for the conduct of any functions involved in official inspection”.

    Enacted provision · exact public law section
    (2) in the first proviso of subsection (b), by striking “independently under the terms of a contract for the conduct of any functions involved in official inspection” and inserting “under the terms of a contract for the conduct of any functions”; and

16. 1993

    United States Grain Standards Act Amendments of 1993

    Pub. L. 103–156 § 12(g)(2) · 107 Stat. 1525

    Substituted · 7 U.S.C. § 84(c)

    Pub. L. 103–156, § 12(g)(2), substituted “the Administrator” for “he”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 103–156, § 12(g)(2), substituted “the Administrator” for “he”.

    Enacted provision · exact public law section
    (2) in subsections (c) and (f), by striking “he” each place it appears and inserting “the Administrator”.

17. 1993

    United States Grain Standards Act Amendments of 1993

    Pub. L. 103–156 § 6(3) · 107 Stat. 1525

    Inserted · 7 U.S.C. § 84(d)

    Pub. L. 103–156, § 6(3), inserted “or supervised under a contractual arrangement” after “Persons employed” and after “including persons employed”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 103–156, § 6(3), inserted “or supervised under a contractual arrangement” after “Persons employed” and after “including persons employed”.

    Enacted provision · exact public law section
    (3) in subsection (d)— (A) by inserting after “Persons employed” the words “or supervised under a contractual arrangement”; and (B) by inserting after “including persons employed” the words “or supervised under a contractual arrangement”.

18. 1993

    United States Grain Standards Act Amendments of 1993

    Pub. L. 103–156 § 12(g)(2) · 107 Stat. 1525

    Substituted · 7 U.S.C. § 84(f)

    Pub. L. 103–156, § 12(g)(2), substituted “the Administrator” for “he”

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 103–156, § 12(g)(2), substituted “the Administrator” for “he”.

    Enacted provision · exact public law section
    (2) in subsections (c) and (f), by striking “he” each place it appears and inserting “the Administrator”.

19. 1994

    Department of Agriculture Reorganization Act of 1994

    Pub. L. 103–354 title II § 293(a)(7) · 108 Stat. 3178

    Substituted · 7 U.S.C. § 84

    Pub. L. 103–354 substituted “Secretary” for “Administrator” and “Service” wherever appearing

    Source evidence

    Code amendment note
    Pub. L. 103–354 substituted “Secretary” for “Administrator” and “Service” wherever appearing.

    Enacted provision · exact public law section
    (7) except as otherwise provided in this subsection, by striking “Administrator” each place it appears and inserting “Secretary”; and

20. 2000

    Grain Standards and Warehouse Improvement Act of 2000

    Pub. L. 106–472 title I § 106 · 114 Stat. 2058

    Inserted · 7 U.S.C. § 84(a)(3)

    Pub. L. 106–472 inserted “inspection, weighing,” after “laboratory testing,”

    Source evidence

    Code amendment note
    Subsec. (a)(3). Pub. L. 106–472 inserted “inspection, weighing,” after “laboratory testing,”.

    Enacted provision · exact public law section
    SEC. 106. LICENSES AND AUTHORIZATIONS. Section 8(a)(3) of the United States Grain Standards Act (7 U.S.C. 84(a)(3)) is amended by inserting “inspection, weighing,” after “laboratory testing.”.

21. 2015

    Agriculture Reauthorizations Act of 2015

    Pub. L. 114–54 title III § 301(e) · 129 Stat. 513

    Substituted · 7 U.S.C. § 84(b)

    Pub. L. 114–54 substituted “every 5 years” for “triennially”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 114–54 substituted “every 5 years” for “triennially”.

    Enacted provision · exact public law section
    (e) Issuance of Authorization.— Section 8(b) of the United States Grain Standards Act (7 U.S.C. 84(b)) is amended by striking “triennially” and inserting “every 5 years”.

25 of 30 references resolved to an enrolled provision · 5 partial