7 U.S.C. § 84 : US Code - Section 84: Licensing of inspectors

Search 7 U.S.C. § 84 : US Code - Section 84: Licensing of inspectors

(a) Authorization
The Secretary is authorized (1) to issue a license to any
individual upon presentation to the Secretary of satisfactory
evidence that such individual is competent, and is employed (or is
supervised under a contractual arrangement) by an 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, other than appeal weighing, of grain in the United
States; (2) to authorize any competent employee of the Secretary 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
(including appeal weighing) of grain in the United States, or of
United States grain in Canadian ports, (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 (D) perform monitoring activities
in foreign ports with respect to grain officially inspected and
officially weighed under this chapter; (3) to contract with any
person or governmental agency to perform specified sampling,
laboratory testing, inspection, weighing, and similar technical
functions 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 chapter. Except as otherwise provided
in sections 79(i) and 79a(d) of this title, no person shall perform
any official inspection or weighing function for purposes of this
chapter unless such person holds an unsuspended and unrevoked
license or authorization from the Secretary under this chapter.
(b) Duration of licenses; suspension; reinstatement
All classes of licenses issued under this chapter shall terminate
triennially on a date or dates to be fixed by regulation of the
Secretary: 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 chapter or to operate under the terms of
a contract for the conduct of any functions under this chapter:
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 chapter or resumes operation under such
a contract within one year of the suspension date and the license
has not expired in the interim.
(c) Examination of applicants; reexaminations
The Secretary may require such examinations and reexaminations as
the Secretary may deem warranted to determine the competence of any
applicants for licenses, licensees, or employees of the Secretary,
to perform any official inspection or weighing function under this
chapter.
(d) Inspectors performing under contract not deemed Federal
employees
Persons employed or supervised under a contractual arrangement by
an official agency (including persons employed or supervised under
a contractual arrangement by a State agency under a delegation of
authority pursuant to this chapter) and persons performing official
inspection functions under contract with the Secretary 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 chapter or by the rules and
regulations of the Secretary, as persons acting for or on behalf of
the United States, for the purpose of determining the application
of section 201 of title 18, to such persons and as employees of the
Department of Agriculture assigned to perform inspection functions
for the purposes of sections 1114 and 111 of title 18.
(e) Hiring of official inspection personnel and supervisory
personnel without regard to laws governing appointments to the
competitive service
The Secretary may hire (without regard to the provisions of title
5 governing appointments in the competitive service) as official
inspection personnel any individual who is licensed (on October 21,
1976) to perform functions of official inspection under this
chapter and as personnel to perform supervisory weighing or
official weighing functions any individual who, on October 21,
1976, was performing similar functions: Provided, That the
Secretary 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. The Secretary may
compensate such personnel at any rate within the appropriate grade
of the General Schedule as the Secretary deems necessary without
regard to section 5333 of title 5.
(f) Periodic rotation of personnel
The Secretary shall provide for the periodic rotation of
supervisory personnel and official inspection personnel employed by
the Secretary as the Secretary deems necessary to preserve the
integrity of the official inspection and weighing system provided
by this chapter.
(g) Recruitment, training, and supervision of personnel; work
production standards; exemption for certain personnel
The Secretary shall develop and effectuate standards for the
recruiting, training, and supervising of official inspection
personnel and appropriate work production standards for such
personnel, which shall be applicable to the Secretary, all State
agencies under delegation of authority pursuant to this chapter,
and all official agencies and all persons licensed or authorized to
perform functions under this chapter: Provided, That persons
licensed or authorized on October 21, 1976, to perform any official
function under this chapter, shall be exempted from the uniform
recruiting and training provisions of this subsection and
regulations or standards issued pursuant thereto if the Secretary
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 Secretary deems
necessary.