the grain-weighing process as is determined by the Administrator 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" for "the supervision of the weighing process and of the certification of the weight of grain, and the physical inspection of the premises at which the weighing is performed to assure that all the grain intended to be weighed has been weighed and discharged into the elevator or conveyance represented on the weight certificate or other document". 1976-Subsec. (i). Pub. L. 94-582, § 3(a), substituted "Administrator" for "Secretary", and expanded definition of "official inspection" to include determination “(by original inspection, and when requested, reinspection and appeal inspection)" and determination and certification of the condition of vessels and other carriers or receptacles for the transportation of grain insofar as it may affect the quality or condition of the grain. Subsec. (j). Pub. L. 94-582, § 3(b), in redefining "official inspection personnel", substituted provision declaring the term to mean "persons licensed or otherwise authorized by the Administrator pursuant to section 84 of this title to perform all or specified functions involved in official inspection, official weighing, or supervision of weighing, or in the supervision of official inspection, official weighing or supervision of weighing" for "employees of State or other governmental agencies or commercial agencies or other persons who are licensed to perform all or specified functions involved in official inspection under this chapter; employees of the Department of Agriculture who are authorized to supervise official inspection and to conduct appeal inspection or initial inspection of United States grain in Canadian ports". Subsec. (k). Pub. L. 94-582, § 3(c), substituted "Administrator" for "Secretary" and "official inspection or official weighing" for “an official inspection". Subsec. (1). Pub. L. 94-582, § 3(d), substituted "standards relating to kind, class, quality, and condition of grain," for "standards". Subsec. (m). Pub. L. 94-582, § 3(e), substituted definition of "official agency" meaning "any State or local governmental agency, or any person, designated by the Administrator pursuant to subsection (f) of section 79 of this title for the conduct of official inspection (other than appeal inspection), or subsection (b) of section 79a of this title for the conduct of supervision of weighing" for definition of “official inspection agency" meaning "the agency or person located at an inspection point designated by the Secretary for the conduct of official inspection under this chapter". Subsec. (n). Pub. L. 94-582, § 3(f), substituted "Administrator" for "Secretary". Subsec. (u). Pub. L. 94-582, § 3(g), included within the term defined and its definition the concept of "weighing" and substituted "Administrator" for "Secretary". Subsecs. (v) to (aa). Pub. L. 94–582, § 3(h), added subsecs. (v) to (aa). 1968-Pub. L. 90-487 substituted provisions defining the terms used in the chapter for provisions that the standards fixed and established by the Secretary of Agriculture be known as the official grain standards of the United States. EFFECTIVE Date of 1977 AMENDMENT Amendment by Pub. L. 95-113 effective Oct. 1, 1977, see section 1901 of Pub. L. 95-113, set out as an Effective Date of 1977 Amendment note under section 1307 of this title. EFFECTIVE DATE OF 1976 AMENDMENT For effective date of amendment by Pub. L. 94-582, see Effective Date of 1976 Amendment note set out under section 74 of this title. EFFECTIVE DATE OF 1968 AMENDMENT For effective date of amendment by Pub. L. 90-487, see section 2 of Pub. L. 90-487, set out as a note under section 78 of this title. § 75a. Federal Grain Inspection Service; Administrator There is created and established in the Department of Agriculture a Service to be known as the Federal Grain Inspection Service, all the powers of which shall be exercised by an Administrator, under the general direction and supervision of the Secretary, who shall be appointed by the President, by and with the advice and consent of the Senate. The Administrator shall be responsible for the administration of this chapter and for the establishment of policies, guidelines, and regulations by which the Service is to carry out the provisions of this chapter. The Secretary may delegate authority to the Administrator to perform related functions for grain and similar commodities and products thereof under other statutes administered by the Department of Agriculture. Notwithstanding any other provision of law, the Secretary is authorized to appoint four individuals to positions at grade 16 of the General Schedule, in the Service. (Aug. 11, 1916, ch. 313, Pt. B, § 3A, as added Oct. 21, 1976, Pub. L. 94-582, § 4, 90 Stat. 2868, and amended Sept. 29, 1977, Pub. L. 95-113, title XVI, § 1604(b), 91 Stat. 1026.) REFERENCES IN TEXT Grade 16 of the General Schedule, referred to in text, is set out under section 5332 of Title 5, Government Organization and Employees. AMENDMENTS 1977-Pub. L. 95-113 added provisions authorizing the Secretary to delegate authority to the Administrator to perform related functions for grain and similar commodities and products thereof under other statutes administered by the Department of Agriculture and authorizing the Secretary to appoint four individuals to positions at grade 16 of the General Schedule in the Service. EFFECTIVE DATE OF 1977 AmendmeNT Amendment by Pub. L. 95-113 effective Oct. 1, 1977, see section 1901 of Pub. L. 95-113, set out as an Effective Date of 1977 Amendment note under section 1307 of this title. EFFECTIVE DATE For effective date of section, see Effective Date of 1976 Amendment note set out under section 74 of this title. TERMINATION OF AUTHORITY TO PLACE POSITIONS IN GS-16, 17, AND 18 For termination (effective 180 days after Oct. 13, 1978) of authority of agencies to place positions in GS-16, 17, and 18, see section 414(a)(1)(B) of Pub. L. 95-454 set out as a note under section 5108 of Title 5, Government Organization and Employees. TEMPORARY ADVISORY COMMITTEE Section 1603 of Pub. L. 95-113 provided that: "(a) In order to assure the normal movement of grain in an orderly and timely manner, the Secretary of Agriculture shall establish a temporary advisory committee to provide advice to the Administrator of the Federal Grain Inspection Service with respect to the implementation of the United States Grain Standards Act of 1976 [see Short Title of 1976 Amendment note under section 71 of this title]. The advisory committee shall consist of not more than twelve members, appointed by the Secretary, representing the interests of grain producers, consumers, and all segments of the grain industry, including grain inspection and weighing agencies. Members of the advisory committee shall be appointed not later than thirty days after the date of enactment of this Act [Sept. 29, 1977). "(b) The advisory committee shall be governed by the provisions of the Federal Advisory Committee Act [Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, set out in the Appendix to Title 5, Government Organization and Employees). "(c) The Administrator of the Federal Grain Inspection Service shall provide the advisory committee with necessary clerical assistance and staff personnel. "(d) Members of the advisory committee shall serve without compensation, if not otherwise officers or employees of the United States, except that members shall, while away from their homes or regular places of business in the performance of services under this title, be allowed travel expenses, including per diem in lieu of subsistence, as authorized under section 5703 of title 5 of the United States Code. "(e) The advisory committee shall terminate eighteen months after the date of enactment of this Act [Sept. 29, 1977). "(f) There are hereby authorized to be appropriated such sums as are necessary to carry out the provisions of this section." TEMPORARY EXERCISE OF POWERS, DUTIES, AND AUTHORIZATIONS PENDING APPOINTMENT OF ADMINIS TRATOR Section 25 of Pub. L. 94-582 provided that: "The powers, duties, and authorizations established by this Act [see Short Title of 1976 Amendment note set out under section 71 of this title] for the Administrator of the Federal Grain Inspection Service shall in all instances be exercised by the Secretary of Agriculture of the United States during the period between the effective date of this Act [effective thirty days after Oct. 21, 1976] and the appointment of the Administrator." § 76. Standards and procedures; establishment, amendment, and revocation (a) The Administrator is authorized to investigate the handling, weighing, grading, and transportation of grain and to fix and establish (1) standards of kind, class, quality, and condition for corn, wheat, rye, oats, barley, flaxseed, sorghum, soybeans, mixed grain, and such other grains as in his judgment the usages of the trade may warrant and permit, and (2) standards or procedures for accurate weighing and weight certification and controls, including safeguards over equipment calibration and maintenance, for grain shipped in interstate or foreign commerce; and the Administrator is authorized to amend or revoke such standards or procedures whenever the necessities of the trade may require. (b) Before establishing, amending, or revoking any standards under this chapter, the Administrator shall publish notice of the proposals and give interested persons opportunity to submit data, views, and arguments thereon and, upon request, an opportunity to present data, views, and arguments orally in an informal manner. No standards established or amendments or revocations of standards under this chapter shall become effective less than one calendar year after promulgation thereof, unless in the judgment of the Administrator, the public health, interest, or safety require that they become effective sooner. (Aug. 11, 1916, ch. 313, part B, § 4, 39 Stat. 483; Aug. 15, 1968, Pub. L. 90-487, § 1, 82 Stat. 762; Oct. 21, 1976, Pub. L. 94-582, § 5, 90 Stat. 2869; Sept. 29, 1977, Pub. L. 95-113, title XVI, § 1604(c), 91 Stat. 1027.) AMENDMENTS 1977-Subsec. (a). Pub. L. 95-113 substituted "sorghum" for "grain sorghum”, “standards or procedures" for "standards”, “weight certification and controls" for "weight certification procedures and controls", and "calibration and maintenance, for grain" for "calibration and maintenance for grain". 1976-Subsec. (a). Pub. L. 94-582, § 5(a), authorized the weighing of grain, designated existing provisions as cl. (1), inserted cl. (2), and reenacted provision for amendment or revocation of standards. Subsec. (b). Pub. L. 94-582, § 5(b), substituted "Administrator" for "Secretary" in two instances. 1968-Pub. L. 90-487 substituted provisions authorizing the Secretary to establish, amend, and revoke standards for provisions making the use of official standards compulsory, setting out exceptions, and providing for the right of appeal. EFFECTIVE DATE OF 1977 AMENDMENT Amendment by Pub. L. 95-113 effective Oct. 1, 1977, see section 1901 of Pub. L. 95-113, set out as an Effective Date of 1977 Amendment note under section 1307 of this title. EFFECTIVE DATE OF 1976 AMENDMENT For effective date of amendment by Pub. L. 94-582, see Effective Date of 1976 Amendment note set out under section 74 of this title. EFFECTIVE DATE OF 1968 AMENDMENT For effective date of amendment by Pub. L. 90-487, see section 2 of Pub. L. 90-487, set out as a note under section 78 of this title. INVESTIGATION AND STUDY REGARDING ADEQUACY OF GRAIN STANDARDS; CHANGES IN STANDARDS; REPORT TO CONGRESS BY OCTOBER 21, 1978 Section 24 of Pub. L. 94-582 provided for an investigation and study to be made by the Administrator of the Federal Grain Inspection Service regarding the adequacy of the grain standards established under this chapter in relation to the needs and concerns of domestic and foreign grain buyers, with the Administrator to seek the advice of or employ the services of representatives of the grain industry, land grant colleges and other members of the public, the study to address specifically, without being limited to determining (A) if standards may be developed that would reduce grading errors and remove, where possible, subjective human judgment from grading by increased utilization of mechanical, electrical, and chemical means of grading, (B) whether grain should be subclassed according to color or other factor not affecting the quality of the grain, (C) whether the protein factor should be included in the standards, and (D) whether broken grain should be grouped together with foreign material, and the Administrator, as a result of such study, to make necessary changes in the grain standards in accordance with section 75a of this title, and to submit a report to Congress setting forth the findings of the study and actions taken as a result thereof not later than two years after Oct. 21, 1976. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 75, 77, 78, 79, 79a, 87h of this title. 877. Official inspection and weighing requirements; waiver; supervision by representatives of Administrator (a) Whenever standards or procedures are effective under section 76 of this title for any grain (1) no person shall ship from the United States to any place outside thereof any lot of such grain, unless such lot is officially weighed and officially inspected (on the basis of official samples taken after final elevation as near the final spout through which the grain passes as physically practicable as it is being loaded aboard, or while it is in, the final carrier in which it is to be transported from the United States) in accordance with such standards or procedures, and unless a valid official certificate showing the official grade designation and certified weight of the lot of grain has been provided by official inspection personnel and is promptly furnished by the shipper, or his agent, to the consignee with the bill of lading or other shipping documents covering the shipment: Provided, That the Administrator may waive the foregoing requirement in emergency or other circumstances which would not impair the objectives of this chapter: Provided further, That the Administrator shall waive the requirement for official inspection whenever the parties to a contract for such shipment of a lot of grain (which is not sold, offered for sale, or consigned for sale by grade) from the United States to any place outside thereof mutually agree under the contract to ship such lot of grain without official inspection being performed and a copy of the contract is furnished to the Administrator prior to shipment; (2) except as the Administrator may provide in emergency or other circumstances which would not impair the objectives of this chapter, all other grain transferred out of and all grain transferred into an export elevator at an export port location shall be officially weighed in accordance with such standards or procedure: Provided, That, unless the shipper or receiver requests that the grain be officially weighed, intracompany shipments of grain into an export elevator by any mode of transportation, grain transferred into an export elevator by transportation modes other than barge, and grain transferred out of an export elevator to destinations within the United States shall not be officially weighed; and (3) except as otherwise authorized by the Administrator, whenever a lot of grain is both officially inspected and officially weighed while being transferred into or out of a grain elevator, warehouse, or other storage or handling facility, an official certificate shall be issued showing both the official grade designation and the certified weight of the lot of grain. (b) All official inspection and official weighing, whether performed by authorized Service employees or any other person licensed under section 84 of this title, shall be supervised by representatives of the Administrator, in accordance with such regulations as he may provide. (Aug. 11, 1916, ch. 313, part B, § 5, 39 Stat. 483; Aug. 15, 1968, Pub. L. 90-487, § 1, 82 Stat. 763; Oct. 21, 1976, Pub. L. 94-582, § 6, 90 Stat. 2869; Sept. 29, 1977, Pub. L. 95-113, title XVI, § 1606(b), 91 Stat. 1030; Oct. 13, 1980, Pub. L. 96-437, § 2, 94 Stat. 1870.) AMENDMENTS 1980-Subsec. (a)(2). Pub. L. 96-437 inserted proviso that, unless the shipper or receiver requests that the grain be officially weighed, intracompany shipments of grain into an export elevator by any mode of transportation, grain transferred into an export elevator by transportation modes other than barge, and grain transferred out of an export elevator to destinations within the United States shall not be officially weighed. 1977-Subsec. (a). Pub. L. 95-113 substituted "standards or procedures" for "standards" wherever appearing. 1976-Subsec. (a). Pub. L. 94-582 designated existing provisions as par. (1) of subsec. (a); deleted therefrom "that is sold, offered for sale, or consigned for sale by grade" following "any lot of such grain"; inserted official weighing requirement; substituted "officially inspected (on the basis of official samples taken after final elevation as near the final spout through which the grain passes as physically practicable as it is being loaded aboard, or while it is in, the final carrier in which it is to be transported from the United States)" for "officially inspected in accordance with such standards on the basis of official samples taken after final elevation as the grain is being loaded aboard, or while it is in, the final carrier in which it is to be transported from the United States"; required the certificate to show the certified weight of the lot of grain provided by official inspection personnel; substituted provision for waiver by the Administrator of requirement for official inspection certificate in emergency or other circumstances which would not impair the objectives of this chapter for provision for waiver by the Secretary of any requirement of this section with respect to shipments from or to any area or any other class of shipments when in his judgment it is impracticable to provide official inspection with respect to such shipments; inserted provision for waiver by Administrator of requirement for official inspection whenever the parties to a contract for such shipment of a lot of grain (which is not sold, offered for sale, or consigned for sale by grade) from the United States to any place outside thereof mutually agree under the contract to ship such lot of grain without official inspection being performed and a copy of the contract is furnished to the Administrator prior to shipment; and added pars. (2) and (3) of subsec. (a). Subsec. (b). Pub. L. 94-582 added subsec. (b). 1968-Pub. L. 90-487 substituted provisions requiring an official inspection for export grains but authorizing the waiver of such requirements when official inspection is impracticable for provisions prohibiting misrepresentation respecting grade shipped or delivered for shipment, allowing reexamination, requiring hearing in the event of a false or misleading description, and allowing publication of findings. EFFECTIVE DATE OF 1977 AMENDMENT Amendment by Pub. L. 95-113 effective Oct. 1, 1977, see section 1901 of Pub. L. 95-113, set out as an Effective Date of 1977 Amendment note under section 1307 of this title. EFFECTIVE DATE OF 1976 AMENDMENT For effective date of amendment by Pub. L. 94-582, see Effective Date of 1976 Amendment note set out under section 74 of this title. EFFECTIVE Date of 1968 AMENDMENT For effective date of amendment by Pub. L. 90-487, see section 2 of Pub. L. 90-487, set out as a note under section 78 of this title. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 79, 79a, 87b of this title. § 78. Use of official grade designations required; false or misleading grade designations for grain shipped out of the United States (a) Whenever standards relating to kind, class, quality, or condition of grain are effective under section 76 of this title for any grain no person shall in any sale, offer for sale, or consignment for sale, which involves the shipment of such grain in interstate or foreign commerce, describe such grain as being of any grade in any advertising, price quotation, other negotiation of sale, contract of sale, invoice, bill of lading, other document, or description on bags or other containers of the grain, other than by an official grade designation, with or without additional information as to specified factors: Provided, That the description of such grain by any proprietary brand name or trademark that does not resemble an official grade designation, or with respect to interstate commerce, by the use of one or more grade factor designations set forth in the official United States standards for grain, or by other criteria shall not be deemed to be a description of grain as being of any grade. (b) No person shall, in any sale, offer for sale, or consignment for sale, of any grain which involves the shipment of such grain from the United States to any place outside thereof, knowingly describe such grain by any official grade designation, or other description, which is false or misleading. (Aug. 11, 1916, ch. 313, part B, § 6, 39 Stat. 484; July 11, 1958, Pub. L. 85-509, 72 Stat. 352; Aug. 15, 1968, Pub. L. 90-487, § 1, 82 Stat. 763; Oct. 21, 1976, Pub. L. 94-582, § 7, 90 Stat. 2870; Sept. 29, 1977, Pub. L. 95-113, title XVI, § 1606(c), 91 Stat. 1030.) AMENDMENTS 1977-Subsec. (a). Pub. L. 95-113 substituted "criteria" for "factor information". 1976-Subsec. (a). Pub. L. 94-582 substituted "standards relating to kind, class, quality, or condition of grain" for "standards". 1968-Pub. L. 90-487 substituted provisions requiring the use of official grade designations and prohibiting the use of false or misleading description of grain shipped out of the United States, for provisions allowing the appeal to the Secretary from official grading, authorizing the payment of additional fees for employees required in making appeal inspections, and making the findings prima facie evidence of the grain's true grade. 1958-Pub. L. 85-509 authorized payment of employees assigned to perform appeal inspection for all overtime, night, or holiday work, and permitted acceptance of reimbursement for any sums paid for such work. EFFECTIVE DATE OF 1977 AMENDMENT Amendment by Pub. L. 95-113 effective Oct. 1, 1977, see section 1901 of Pub. L. 95-113, set out as an Effective Date of 1977 Amendment note under section 1307 of this title. EFFECTIVE DATE OF 1976 AMENDMENT For effective date of amendment by Pub. L. 94-582, see Effective Date of 1976 Amendment note set out under section 74 of this title. EFFECTIVE DATE OF 1968 AMENDMENT Section 2 of Pub. L. 90-487 provided that: "This Act [amending sections 71, 74, 75, 76, 77, 78, 79, 84, 85, 86, and 87 of this title and adding sections 87a to 87h of this title] shall become effective one hundred and eighty days after enactment hereof [August 15, 1968], except that the repeal of the mandatory inspection provisions with respect to grain shipped or delivered for shipment in interstate commerce shall become effective thirty days after enactment hereof [August 15, 1968], and the provisions of sections 6(a) and 13(a)(5) of the United States Grain Standards Act, as amended by this Act [subsec. (a) of this section and section 87b(a)(5) of this title] shall then become effective with respect to such grain." SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 87b of this title. § 79. Official inspection (a) Grain required to be officially inspected The Administrator is authorized to cause official inspection under the standards provided for in section 76 of this title to be made of all grain required to be officially inspected as provided in section 77 of this title, in accordance with such regulations as he may prescribe. (b) Inspections made pursuant to request of interested persons The Administrator is further authorized, upon request of any interested person, and under such regulations as he may prescribe, to cause official inspection to be made with respect to any grain whether by official sample, submitted sample, or otherwise within the United States under standards provided for in section 76 of this title, or, upon request of the interested person, under other criteria approved by the Administrator for determining the kind, class, quality, or condition of grain, or other facts relating to grain, whenever in his judgment providing such service will effectuate any of the objectives stated in section 74 of this title. (c) Reinspections and appeals; cancellation of superseded certificates; sale of samples The regulations prescribed by the Administrator under this chapter shall include provisions for reinspections and appeal inspections; cancellation and surrender of certificates superseded by reinspections and appeal inspections; and the use of standard forms for official certificates. The Administrator may provide by regulation that samples obtained by or for employees of the Service for purposes of official inspection shall become the property of the United States, and such samples may be disposed of without regard to the provisions of the Federal Property and Administrative Services Act of 1949, as amended [40 U.S.C. 471 et seq.). (d) Official certificates as evidence Official certificates setting out the results of official inspection issued and not canceled under this chapter shall be received by all offi cers and all courts of the United States as prima facie evidence of the truth of the facts stated therein. (e) Official inspection at export port locations; delegation of authority to State agencies (1) Except as otherwise provided in paragraph (2) of this subsection, the Administrator shall cause official inspection at export port locations, for all grain required or authorized to be inspected by this chapter, to be performed by official inspection personnel employed by the Service or other persons under contract with the Service as provided in section 84 of this title. (2) If the Administrator determines, pursuant to paragraph (3) of this subsection, that a State agency is qualified to perform official inspection, meets the criteria in subsection (f)(1)(A) of this section, and (A) was performing official inspection at an export port location under this chapter on July 1, 1976, or (B)(i) performed official inspection at an export port location at any time prior to July 1, 1976, (ii) was designated under subsection (f) of this section on December 22, 1982, to perform official inspections at locations other than export port locations, and (iii) operates in a State from which total annual exports of grain do not exceed, as determined by the Administrator, 5 per centum of the total amount of grain exported from the United States annually, the Administrator may delegate authority to the State agency to perform all or specified functions involved in official inspection (other than appeal inspection) at export port locations within the State, including export port locations which may in the future be established, subject to such rules, regulations, instructions, and oversight as he may prescribe, and any such official inspection shall continue to be the direct responsibility of the Administrator. Any such delegation may be revoked by the Administrator, at his discretion, at any time upon notice to the State agency without opportunity for a hearing. (3) Prior to delegating authority to a State agency for the performance of official inspection at export port locations pursuant to paragraph (2) of this subsection, the Administrator shall (A) conduct an investigation to determine whether such agency is qualified, and (B) make findings based on such investigation. In conducting the investigation, the Administrator shall consult with, and review the available files of the Department of Justice, the Office of Investigation of the Department of Agriculture (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), and the General Accounting Office. (4) The Administrator may provide that grain loaded at an interior point in the United States into a rail car, barge, or other container as the final carrier in which it is to be transported from the United States shall be inspected in the manner provided in this subsection or subsection (f) of this section, as the Administrator determines will best meet the objectives of this chapter. (f) Official inspections at other than export port locations; designation of agencies or persons to conduct official inspections (1) With respect to official inspections other than at export port locations, the Administrator is authorized, upon application by any State or local governmental agency, or any person, to designate such agency or person as an official agency for the conduct of all or specified functions involved in official inspection (other than appeal inspection) at locations where the Administrator determines official inspection is needed, if (A) the agency or person shows to the satisfaction of the Administrator that such agency or person (i) has adequate facilities and qualified personnel for the performance of such official inspection functions; (ii) will provide for the periodic rotation of official inspection personnel among the grain elevators, warehouses, or other storage or handling facilities at which the State or person provides official inspection, as is necessary to preserve the integrity of the official inspection service; (iii) will meet training requirements and personnel standards established by the Administrator under section 84(g) of this title; (iv) will otherwise conduct such training and provide such supervision of its personnel as are necessary to assure that they will provide official inspection in accordance with this chapter and the regulations and instructions thereunder; (v) will not charge official inspection fees that are discriminatory or unreasonable; (vi) if a State or local governmental agency, will not use any moneys collected pursuant to the charging of fees for any purpose other than the maintenance of the official inspection operation or other agricultural programs operated by the State or local governmental agency; (vii) and any related entities do not have a conflict of interest prohibited by section 87 of this title; (viii) will maintain complete and accurate records of its organization, staffing, official activities, and fiscal operations, and such other records as the Administrator may require by regulation; (ix) if a State or local governmental agency, will employ personnel on the basis of job qualifications rather than political affiliations; (x) will comply with all provisions of this chapter and the regulations and instructions thereunder; and (xi) meets other criteria established in regulations issued under this chapter relating to official functions under this chapter; and (B) the Administrator determines that the applicant is better able than any other applicant to provide official inspection service. (2) Not more than one official agency or State delegated authority pursuant to subsection (e)(2) of this section for carrying out the in |