§ 87. Conflicts of interest

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. § 87

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

   Source evidence

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

2. 1968

   Pub. L. 90–487 § 1 · 82 Stat. 761

   Substituted · 7 U.S.C. § 87

   Pub. L. 90–487 substituted provisions prohibiting a conflict of interest on the part of inspectors who are interested financially in a grain elevator or in grain merchandising, for provisions covering the separability of provisions of this chapter

   Source evidence

   Code amendment note
   Pub. L. 90–487 substituted provisions prohibiting a conflict of interest on the part of inspectors who are interested financially in a grain elevator or in grain merchandising, for provisions covering the separability of provisions of this chapter.

3. 1976

   United States Grain Standards Act of 1976

   Pub. L. 94–582 § 13(a) · 90 Stat. 2867

   1. Substituted · 7 U.S.C. § 87(a)

      Pub. L. 94–582, § 13(a)–(c), substituted “Administrator” for “Secretary”

   2. Substituted · 7 U.S.C. § 87(a)

      Pub. L. 94–582, § 13(a)–(c), substituted “perform any official function” for “perform any official inspection function”

   3. Amended · 7 U.S.C. § 87(a)

      Pub. L. 94–582, § 13(a)–(c), designated first paragraph provisions, as amended, as subsec. (a), respectively

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 94–582, § 13(a)–(c), substituted “Administrator” for “Secretary” wherever appearing and “perform any official function” for “perform any official inspection function”, and designated first paragraph provisions, as amended, as subsec. (a), respectively.

   Enacted provision · exact public law section
   (a) by striking out the word “Secretary” wherever it appears and inserting in lieu thereof the word “Administrator”;

4. 1976

   United States Grain Standards Act of 1976

   Pub. L. 94–582 § 13(c) · 90 Stat. 2867

   Added · 7 U.S.C. § 87(b); 7 U.S.C. § 87(c)

   Pub. L. 94–582, § 13(c), added subsecs. (b) and (c)

   Source evidence

   Code amendment note
   Subsecs. (b), (c). Pub. L. 94–582, § 13(c), added subsecs. (b) and (c).

   Enacted provision · exact public law section
   (c) by designating the provisions thereof as subsection (a) and adding new subsections (b) and (c) as follows: “(b) (1) No official agency or a State agency delegated authority Conflict of interest. under this Act, or any member, director, officer, or employee thereof, and no business or governmental entity related to any such agency, shall be employed in or otherwise engaged in, or directly or indirectly have any stock or other financial interest in, any business involving the commercial transportation, storage, merchandising, or other commercial handling of grain, or the use of official inspection service (except that in the case of a producer such use shall not be prohibited for grain in which he does not have an interest) ; and no business or governmental entity conducting any such business, or any member, director, officer, or employee thereof, and no other business or governmental entity related to any such entity, shall operate or be employed by or directly or indirectly have any stock or other financial interest in, any official agency or a State agency delegated inspection authority. Further, no substantial stockholder in any incorporated official agency shall be employed in or otherwise engaged in, or be a substantial stockholder in any corporation conducting any such business, or directly or indirectly have any other kind of financial interest in any such business; and no substantial stockholder in any corporation conducting such a business shall operate or be employed by or be a substantial stockholder in, or directly or indirectly have any other kind of financial interest in, any official agency. “(2) A substantial stockholder of a corporation shall be any person Substantial stock holder. holding 2 per centum or more, or one hundred shares or more, of the voting stock of the corporation, whichever is the lesser interest. Any entity shall be considered to be related to another entity if it owns or controls, or is owned or controlled by, such other entity, or both entities are owned or controlled by another entity, “(3) Each State agency delegated official weighing authority under section 7A and each State or local agency or other person designated Ante, p. 2875. by the Administrator under such section to perform supervision of weighing shall be subject to the provisions of subsection (b) of this section. The term ‘use of official inspection service’ shall be deemed “Use of official inspection service.” to refer to the use of the services provided under such a delegation or designation. “(4) If a State or local governmental agency is delegated authority to perform official inspection or official weighing, or a State or local governmental agency is designated as an official agency, the Administrator shall specify the officials and other personnel thereof to which the conflict of interest provisions of this subsection (b) apply. “(5) Notwithstanding the foregoing provisions of this subsection, Authority delegation. the Administrator may delegate authority to a State agency or designate a governmental agency, board of trade, chamber of commerce, or grain exchange to perform official inspection or perform supervision of weighing except that for purposes of supervision of weighing only, he may also designate any other person, if he determines that any conflict of interest which may exist between the agency or person or any member, officer, employee, or stockholder thereof and any business involving the transportation, storage, merchandising, or other handling of grain or use of official inspection or weighing service is not such as to jeopardize the integrity or the effective and objective operation of the functions performed by such agency. Whenever the Admin- Report to congressional committees. istrator makes such a determination and makes a delegation or designation to an agency that has a conflict of interest otherwise prohibited by this subsection, the Administrator shall, within thirty days after making such a determination, submit a report to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture and Forestry of the Senate, detailing the factual bases for such determination. “(c) The provisions of this section shall not prevent an official agency from engaging in the business of weighing grain.”.

5. 1977

   Food and Agriculture Act of 1977

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

   Substituted · 7 U.S.C. § 87(b)(3)

   Pub. L. 95–113, § 1604(h)(1), substituted “to perform official weighing or supervision of weighing” for “to perform supervision of weighing”

   Source evidence

   Code amendment note
   Subsec. (b)(3). Pub. L. 95–113, § 1604(h)(1), substituted “to perform official weighing or supervision of weighing” for “to perform supervision of weighing”.

   Enacted provision · exact public law section
   (1) inserting “official weighing or” immediately before “super-vision of weighing” in paragraph (3) of subsection (b);

   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.

6. 1977

   Food and Agriculture Act of 1977

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

   Substituted · 7 U.S.C. § 87(b)(4)

   Pub. L. 95–113, § 1606(g), substituted “official weighing or supervision of weighing” for “official weighing”

   Source evidence

   Code amendment note
   Subsec. (b)(4). Pub. L. 95–113, § 1606(g), substituted “official weighing or supervision of weighing” for “official weighing”.

   Enacted provision · exact public law section
   (g) Section 11(b)(4) is amended by inserting “or supervision of weighing” immediately after “official weighing”.

   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.

7. 1977

   Food and Agriculture Act of 1977

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

   1. Substituted · 7 U.S.C. § 87(b)(5)

      Pub. L. 95–113, § 1604(h)(2), substituted “to perform official inspection or perform official weighing or supervision of weighing except that” for “to perform official inspection or perform supervision of weighing except that”

   2. Substituted · 7 U.S.C. § 87(b)(5)

      Pub. L. 95–113, § 1604(h)(2), substituted “member, director, officer” for “member, officer”

   Source evidence

   Code amendment note
   Subsec. (b)(5). Pub. L. 95–113, § 1604(h)(2), substituted “to perform official inspection or perform official weighing or supervision of weighing except that” for “to perform official inspection or perform supervision of weighing except that” and “member, director, officer” for “member, officer”.

   Enacted provision · exact public law section
   (2) in the first sentence of paragraph (5) of subsection (b), inserting “official weighing or” immediately before “supervision of weighing except”, and inserting “director,” immediately before “officer, employee,”; 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.

8. 1977

   Food and Agriculture Act of 1977

   Pub. L. 95–113 § 1604(h)(3) · 91 Stat. 913

   Inserted · 7 U.S.C. § 87(c)

   Pub. L. 95–113, § 1604(h)(3), inserted “or State agency delegated authority under this chapter” after “official agency”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 95–113, § 1604(h)(3), inserted “or State agency delegated authority under this chapter” after “official agency”.

   Enacted provision · exact public law section
   (3) inserting “or State agency delegated authority under this Act” immediately after “official agency” in subsection (c).

   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. 1993

   United States Grain Standards Act Amendments of 1993

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

   Amended · 7 U.S.C. § 87

   Pub. L. 103–156, § 12(j), which directed amendment of “Section 11”, without specifying the name of the Act being amended, was executed to this section, which is section 11 of the United States Grain Standards Act, to reflect the probable intent of Congress

   Source evidence

   Code amendment note
   Pub. L. 103–156, § 12(j), which directed amendment of “Section 11”, without specifying the name of the Act being amended, was executed to this section, which is section 11 of the United States Grain Standards Act, to reflect the probable intent of Congress.

   Enacted provision · exact public law section
   (j) Section 11 (7 U.S.C. 87) is amended— (1) in subsection (a), by striking “he” and inserting “the Administrator”; and (2) in subsection (b)— (A) in paragraph (1), by striking “he” and inserting “the producer”; and (B) in paragraph (5), by striking “he” each place it appears and inserting “the Administrator”.

10. 1993

    United States Grain Standards Act Amendments of 1993

    Pub. L. 103–156 § 12(j)(1) · 107 Stat. 1525

    Substituted · 7 U.S.C. § 87(a)

    Pub. L. 103–156, § 12(j)(1), substituted “the Administrator” for “he” before “determines”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 103–156, § 12(j)(1), substituted “the Administrator” for “he” before “determines”.

    Enacted provision · exact public law section
    (1) in subsection (a), by striking “he” and inserting “the Administrator”; and

11. 1993

    United States Grain Standards Act Amendments of 1993

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

    Substituted · 7 U.S.C. § 87(b)(1)

    Pub. L. 103–156, § 12(j)(2)(A), substituted “the producer” for “he”

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 103–156, § 12(j)(2)(A), substituted “the producer” for “he”.

    Enacted provision · exact public law section
    (A) in paragraph (1), by striking “he” and inserting “the producer”; and

12. 1993

    United States Grain Standards Act Amendments of 1993

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

    Substituted · 7 U.S.C. § 87(b)(5)

    Pub. L. 103–156, § 12(j)(2)(B), substituted “the Administrator” for “he” in two places

    Source evidence

    Code amendment note
    Subsec. (b)(5). Pub. L. 103–156, § 12(j)(2)(B), substituted “the Administrator” for “he” in two places.

    Enacted provision · exact public law section
    (B) in paragraph (5), by striking “he” each place it appears and inserting “the Administrator”.

13. 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. § 87(a); 7 U.S.C. § 87(b)

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

    Source evidence

    Code amendment note
    Subsecs. (a), (b). Pub. L. 103–354 substituted “Secretary” for “Administrator” 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

14. 1994

    Pub. L. 103–437 § 4(a)(1) · 108 Stat. 4581

    Substituted · 7 U.S.C. § 87(b)(5)

    Pub. L. 103–437 substituted “Committee on Agriculture, Nutrition, and Forestry” for “Committee on Agriculture and Forestry”

    Source evidence

    Code amendment note
    Subsec. (b)(5). Pub. L. 103–437 substituted “Committee on Agriculture, Nutrition, and Forestry” for “Committee on Agriculture and Forestry”.

    Enacted provision · exact public law section
    (1) section 11(b)(5) of the United States Grain Standards Act (7 U.S.C. 87(b)(5)).

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