§ 87e. General authorities

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. 90–487 § 1 · 82 Stat. 761

   Enacted · 7 U.S.C. § 87e

   Aug. 11, 1916, ch. 313, pt. B, § 16, as added Pub. L. 90–487, § 1, Aug. 15, 1968, 82 Stat. 768

   Source evidence

   Code source credit
   Aug. 11, 1916, ch. 313, pt. B, § 16, as added Pub. L. 90–487, § 1, Aug. 15, 1968, 82 Stat. 768

2. 1976

   United States Grain Standards Act of 1976

   Pub. L. 94–582 § 18 · 90 Stat. 2867

   1. Substituted · 7 U.S.C. § 87e(a)

      Pub. L. 94–582 substituted authorizations of “Administrator” for authorizations of “Secretary”, “official agency” for “official inspection agency” respecting reporting requirement, required reports from State agencies delegated authority under this chapter and from licensees

   2. Substituted · 7 U.S.C. § 87e(a)

      Pub. L. 94–582 substituted authorizations of “Administrator” for authorizations of “Secretary”, “other person” for “any person” respecting reporting requirement, required reports from State agencies delegated authority under this chapter and from licensees

   3. Inserted · 7 U.S.C. § 87e(a)

      Pub. L. 94–582 inserted items (1) to (3) relating to conditions for official inspection, authorized issuance of instructions

   4. Struck · 7 U.S.C. § 87e(a)

      Pub. L. 94–582 struck out reference to section 86 of this title, including proceedings for refusal of official inspection service not required by section 77 of this title, as not being subject to administrative procedure provisions

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 94–582 substituted authorizations of “Administrator” for authorizations of “Secretary”, “official agency” for “official inspection agency”, and “other person” for “any person” respecting reporting requirement, required reports from State agencies delegated authority under this chapter and from licensees, inserted items (1) to (3) relating to conditions for official inspection, authorized issuance of instructions, and struck out reference to section 86 of this title, including proceedings for refusal of official inspection service not required by section 77 of this title, as not being subject to administrative procedure provisions.

   Enacted provision · exact public law section
   Sec. 18. general authorities Section 16 of the United States Grain Standards Act, as amended (7 U.S.C. 87e), is amended to read as follows: “Sec. 16. “general authorities (a) The Administrator is authorized to conduct such investigations; hold such hearings; require such reports from any official agency, any State agency delegated authority under this Act, licensee, or other person; require by regulation as a condition for official inspection, among other things (1) that there be installed specified sampling and monitoring equipment in grain elevators, (2) that approval of the Administrator be obtained as to the condition of vessels and other carriers or receptacles for 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 Rules, regulations and instructions. conditions prescribed by the Administrator. The Administrator is further authorized to prescribe such other rules, regulations, and instructions as he deems necessary to effectuate the purposes or provisions of this Act. Whether any certificate, other form, representation, designation, or other description is false, incorrect, or misleading within the meaning of this Act shall be determined by tests made in accordance with such procedures as the Administrator may adopt to effectuate the objectives of tills Act, if the relevant facts are determinable by such tests. Proceedings under section 9 of this Act for Ante, p. 2879. refusal to renew, or for suspension or revocation of, a license shall not, unless requested by the respondent, lie subject to the administrative procedure provisions in sections 554, 556, and 557 of title 5 of the United States Code. “(b) The Administrator is authorized to investigate reports or complaints Investigation. of discrepancies and abuses in the official inspection and weighing of grain under this Act. The Administrator shall prescribe by Procedures, regulation. 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 Act, and (C) any complaint regarding the operation or administration of this Act or any official transaction with which tills Act is concerned; and (2) taking appropriate action on the basis of the findings of any investigation of such complaints. The Administrator shall report to the Committee on Agriculture of the House of Representatives and the. Committee on Agriculture Report to congressional committees. and Forestry of the Senate at the end of every three-month period with respect to investigative action taken on complaints, during the immediately preceding three-month period. “(c) The Administrator 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 gram 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) The Office of Investigation of the Department of Agriculture Investigations. (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 Act or any official transaction with which this Act is concerned, as the Director thereof deems necessary to assure the integrity of official inspection and weighing under this Act. “(e) The Administrator is authorized to conduct, in cooperation Research program. 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) To assure the normal movement of grain at all inspection points in a timely manner consistent with the policy expressed in section 2 of this Act, the Administrator shall, not withstanding any other Ante, p. 2867. provision of law, provide adequate personnel to meet the additional inspection and weighing requirements of this Act.”.

3. 1976

   United States Grain Standards Act of 1976

   Pub. L. 94–582 § 18 · 90 Stat. 2867

   Added · 7 U.S.C. § 87e(b)(f)

   Pub. L. 94–582 added subsecs. (b) to (f)

   Source evidence

   Code amendment note
   Subsecs. (b) to (f). Pub. L. 94–582 added subsecs. (b) to (f).

   Enacted provision · exact public law section
   Sec. 18. general authorities Section 16 of the United States Grain Standards Act, as amended (7 U.S.C. 87e), is amended to read as follows: “Sec. 16. “general authorities (a) The Administrator is authorized to conduct such investigations; hold such hearings; require such reports from any official agency, any State agency delegated authority under this Act, licensee, or other person; require by regulation as a condition for official inspection, among other things (1) that there be installed specified sampling and monitoring equipment in grain elevators, (2) that approval of the Administrator be obtained as to the condition of vessels and other carriers or receptacles for 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 Rules, regulations and instructions. conditions prescribed by the Administrator. The Administrator is further authorized to prescribe such other rules, regulations, and instructions as he deems necessary to effectuate the purposes or provisions of this Act. Whether any certificate, other form, representation, designation, or other description is false, incorrect, or misleading within the meaning of this Act shall be determined by tests made in accordance with such procedures as the Administrator may adopt to effectuate the objectives of tills Act, if the relevant facts are determinable by such tests. Proceedings under section 9 of this Act for Ante, p. 2879. refusal to renew, or for suspension or revocation of, a license shall not, unless requested by the respondent, lie subject to the administrative procedure provisions in sections 554, 556, and 557 of title 5 of the United States Code. “(b) The Administrator is authorized to investigate reports or complaints Investigation. of discrepancies and abuses in the official inspection and weighing of grain under this Act. The Administrator shall prescribe by Procedures, regulation. 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 Act, and (C) any complaint regarding the operation or administration of this Act or any official transaction with which tills Act is concerned; and (2) taking appropriate action on the basis of the findings of any investigation of such complaints. The Administrator shall report to the Committee on Agriculture of the House of Representatives and the. Committee on Agriculture Report to congressional committees. and Forestry of the Senate at the end of every three-month period with respect to investigative action taken on complaints, during the immediately preceding three-month period. “(c) The Administrator 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 gram 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) The Office of Investigation of the Department of Agriculture Investigations. (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 Act or any official transaction with which this Act is concerned, as the Director thereof deems necessary to assure the integrity of official inspection and weighing under this Act. “(e) The Administrator is authorized to conduct, in cooperation Research program. 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) To assure the normal movement of grain at all inspection points in a timely manner consistent with the policy expressed in section 2 of this Act, the Administrator shall, not withstanding any other Ante, p. 2867. provision of law, provide adequate personnel to meet the additional inspection and weighing requirements of this Act.”.

4. 1977

   Food and Agriculture Act of 1977

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

   Inserted · 7 U.S.C. § 87e(a)

   Pub. L. 95–113, § 1604(k)(1), rearranged existing provisions and inserted references to the installation of handling and weighing equipment and to warehouses and other grain storage or handling facilities

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 95–113, § 1604(k)(1), rearranged existing provisions and inserted references to the installation of handling and weighing equipment and to warehouses and other grain storage or handling facilities.

   Enacted provision · exact public law section
   (1) striking out, in subsection (a), the second sentence and all that follows “or other person;” in the first sentence down through “by the Administrator.” and inserting in lieu thereof the following: “and prescribe such rules, regulations, and instructions, as the Administrator deems necessary to effectuate the purposes or provisions of this Act. 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 Administrator 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 Administrator.”; 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.

5. 1977

   Food and Agriculture Act of 1977

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

   Substituted · 7 U.S.C. § 87e(b)

   Pub. L. 95–113, § 1606(i), substituted “Committee on Agriculture, Nutrition, and Forestry” for “Committee on Agriculture and Forestry”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 95–113, § 1606(i), substituted “Committee on Agriculture, Nutrition, and Forestry” for “Committee on Agriculture and Forestry”.

   Enacted provision · exact public law section
   (i) Sections 16(b) and 17B are amended by striking out “Committee on Agriculture and Forestry” each place these words appear therein and inserting in lieu thereof “Committee on Agriculture, Nutrition, and Forestry”.

   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 § 1604(k)(2) · 91 Stat. 913

   Struck · 7 U.S.C. § 87e(f)

   Pub. L. 95–113, § 1604(k)(2), struck out “additional” before “inspection and weighing requirements”

   Source evidence

   Code amendment note
   Subsec. (f). Pub. L. 95–113, § 1604(k)(2), struck out “additional” before “inspection and weighing requirements”.

   Enacted provision · exact public law section
   (2) striking out “additional” in subsection (f).

   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. 1991

   Pub. L. 102–237 title X § 1007(2) · 105 Stat. 1818

   Substituted · 7 U.S.C. § 87e(a)

   Pub. L. 102–237 substituted “Administrator” for “Administrtor” at end of second sentence

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 102–237 substituted “Administrator” for “Administrtor” at end of second sentence.

   Enacted provision · exact public law section
   (2) in section 16(a) (7 U.S.C. 87e(a)), by striking “Administrtor.” in the second sentence and inserting “Administrator.”; and

8. 1993

   United States Grain Standards Act Amendments of 1993

   Pub. L. 103–156 § 9(1) · 107 Stat. 1525

   Struck · 7 U.S.C. § 87e(b)

   Pub. L. 103–156, § 9(1), struck out at end “The Administrator shall report to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate at the end of every three-month period with respect to investigative action taken on complaints, during the immediately preceding three-month period.”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 103–156, § 9(1), struck out at end “The Administrator shall report to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate at the end of every three-month period with respect to investigative action taken on complaints, during the immediately preceding three-month period.”

   Enacted provision · exact public law section
   (1) in subsection (b), by striking the third sentence; and

9. 1993

   United States Grain Standards Act Amendments of 1993

   Pub. L. 103–156 § 9(2) · 107 Stat. 1525

   Added · 7 U.S.C. § 87e(g)(k)

   Pub. L. 103–156, § 9(2), added subsecs. (g) to (k)

   Source evidence

   Code amendment note
   Subsecs. (g) to (k). Pub. L. 103–156, § 9(2), added subsecs. (g) to (k).

   Enacted provision · exact public law section
   (2) by adding at the end the following new subsections: “(g) Testing of Certain Weighing Equipment.— (1) Subject to paragraph (2), the Administrator 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 Administrator 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 2. “(h) Testing of Grain Inspection Instruments.— (1) Subject to paragraph (2), the Administrator may provide for the testing of grain inspection instruments used for commercial inspection. The testing snail be performed— “(A) in accordance with such regulations as the Administrator 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 2. “(i) Additional For Fee Services.— (1) In accordance with such regulations as the Administrator may provide, the Administrator may perform such other services as the Administrator considers to be appropriate. “(2) In addition to the fees authorized by sections 7, 7A, 7B, 17A, and this section, the Administrator 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) shall be deposited into the fund created under section 7(j). “(k) Official Courtesies.— The Administrator 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 2. No gift offered or accepted pursuant to this subsection shall exceed $20 in value.”.

10. 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. § 87e(a)(c)(e)(i)(k)

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

    Source evidence

    Code amendment note
    Subsecs. (a) to (c), (e) to (i), (k). 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

12 of 13 references resolved to an enrolled provision · 1 partial