49–006 

114TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 114–133 

UNITED STATES GRAIN STANDARDS ACT 

REAUTHORIZATION ACT OF 2015 

MAY 29, 2015.—Committed to the Committee of the Whole House on the State of 

the Union and ordered to be printed 

Mr. CONAWAY, from the Committee on Agriculture, 

submitted the following 

R E P O R T 

[To accompany H.R. 2088] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Agriculture, to whom was referred the bill 

(H.R. 2088) to amend the United States Grain Standards Act to improve inspection services performed at export elevators at export 

port locations, to reauthorize certain authorities of the Secretary of 

Agriculture under such Act, and for other purposes, having considered the same, report favorably thereon without amendment and 

recommend that the bill do pass. 

BRIEF EXPLANATION

The United States Grain Standards Act Reauthorization Act of 

2015, H.R. 2088, reauthorizes provisions of the United States Grain 

Standards Act until September 30, 2020, and provides a safeguard 

mechanism in the event of an interruption of official inspection 

services. In addition, H.R. 2088 revises the process for the delegation and designation of authority by the Secretary to provide official inspection services and allows for the review of current delegations. Finally, the legislation amends the United States Grain 

Standards Act to provide a basis for fees based on export tonnage 

and for the adjustment of those fees. 

PURPOSE AND NEEDS

Witnesses testifying before the subcommittee, as well as producer 

organizations submitting statements for the hearing record, affirmed that it remains FGIS’s ultimate responsibility to provide accurate, reliable, consistently available, and cost-effective grain inVerDate Sep 11 2014 02:22 Jun 01, 2015 Jkt 049006 PO 00000 Frm 00001 Fmt 6659 Sfmt 6602 E:\HR\OC\HR133.XXX HR133

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spection and weighing services. Though proposals varied, each organization underscored the importance of adopting a workable safeguard mechanism to ensure continuation of grain inspection and 

weighing services in the event that a delegated State agency is unable or unwilling to carry out their responsibility, and FGIS fails 

to fulfill its statutory mandate and provide inspection and weighing 

services. The Committee therefore adopted a safeguard mechanism 

that provides flexibility to the export elevators at export port locations receiving services to petition other delegated or designated 

State agencies to step in if FGIS fails to do so. This structure will 

maintain inspection and weighing services at a level consistent 

with the current expectations of our trading partners. 

Extension of operations 

Under the United States Grain Standards Act (USGSA) of 1916, 

the Federal Government is authorized to establish official marketing standards for grains and oilseeds, and to provide procedures 

for grain inspection and weighing. Most of the Act is permanently 

authorized, including mandatory inspection and weighing of exported grain, as well as authority to amend grain standards of 

quality. However, several provisions expire on September 30, 2015. 

A lapse in authorization could disrupt the current grain inspection 

and weighing program. 

The provisions expiring on September 30, 2015, are: 

• Authority for appropriations (7 U.S.C. 87h) • Federal Grain Inspection Service (FGIS) authority for charging 

fees required for Federal supervision of State agencies’ export inspections and weighing (7 U.S.C. 79(j)(4) and 7 U.S.C. 79a(l)(3)) • Administrative/supervisory cost cap of 30% (7 U.S.C. 79d) • Authority for an advisory committee (7 U.S.C. 87j(e)) 

Safeguard against interruption of official inspection services 

In early July 2014, Washington State Department of Agriculture 

(WSDA), the delegated State agency providing export inspections at 

the United Grain Corporation terminal at the Port of Vancouver 

(Washington), discontinued its export inspection service amid an 

ongoing labor dispute between United Grain, two other exporting 

companies, and the International Longshore and Warehouse Union. 

The United Grain terminal is a major grain export facility on the 

West Coast. Under the USGSA, when a delegated agency, in this 

case WSDA, fails to perform their duties, FGIS is statutorily required to step in to resume export inspections. 

In a letter released by WSDA, the agency offered that their justification for removing inspectors was based on the belief that the 

‘‘continued provision of inspections services appears to have been 

unhelpful in leading to any foreseeable resolution’’ of the labor dispute. Many observers interpreted these comments to suggest the 

service disruption was driven by politics associated with labor policy, not employee safety as FGIS later stated. 

In mid-July 2014, a number of agricultural groups urged FGIS 

to take immediate action to restore service, by using either Federal 

inspectors or qualified inspectors from other delegated agencies. 

The Grain Inspection Advisory Committee also called on FGIS to 

restore grain inspection service. They adopted the following resolution in its July 2014 meeting. 


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Therefore be it resolved that the Grain Inspection Advisory Committee urges in the strongest terms that FGIS 

take whatever actions are necessary to immediately restore official grain inspection and weighing service wherever and whenever it is disrupted, either by immediately 

replacing absent inspectors with FGIS Official personnel 

or with inspectors from available qualified providers, including other designated or delegated Official Agencies. 

Although export inspections are mandatory under USGSA, FGIS 

has discretion to grant a waiver of inspection in an emergency (as 

determined by the Secretary of Agriculture). In July, USDA granted United Grain a single inspection waiver but failed to provide 

similar waivers in response to other requests. To address the urgency of the situation created by FGIS’s failure to either provide 

waivers of inspection or to fulfill their statutory mandate, the company relocated grain to other facilities for inspection significantly 

increasing shipping costs. 

In early August 2014, FGIS again declined using Federal inspectors at the United Grain Corporation terminal at the Port of Vancouver because FGIS implied the situation does not ensure that 

FGIS inspectors will have safe access to the facility. 

Safety inspectors from the U.S. Department of Agriculture 

(USDA) were sent to assess employee safety at the facility. To date, 

USDA has chosen to withhold those safety assessments from the 

Committee despite repeated requests to review those reports. Committee staff interviewed the USDA official who audited security at 

the port and was informed that the official reported what security 

issues he could identify were easily mitigated, and he saw no reason why USDA could not immediately assume grain inspection 

services. USDA originally indicated that no report was filed, then 

recently asserted that the Department determined that it cannot 

share these reports with Congress due to concerns that sharing 

such reports would be inconsistent with Departmental regulation 

3440–2 pertaining to public disclosure of classified or sensitive information. The Supreme Court has held that Congress may obtain 

confidential or even classified information in order to fulfill its constitutional authority to enact legislation. Contrary to USDA’s assertion, giving a report to Congress is not making a report public. Further, USDA regulations do not apply to Congress. USDA’s insistence on withholding information from Congress raises even more 

questions regarding their decision to withhold inspectors. 

Finally, in August 2014, after a prolonged period without official 

inspection services, the grain companies and union reached an 

agreement to end the dispute, and inspections resumed at the 

United Grain company terminal. 

In order to address significant concerns that future disruptions 

could adversely affect the reputation of U.S. grain exporters as reliable suppliers and cause more economic harm, H.R. 2088 provides 

a safeguard mechanism in the event of another disruption in service. 

In the event of an anticipated disruption in service not caused by 

a major disaster, the delegated State agency shall give FGIS at 

least 72 hours prior notice. Once the disruption in service occurs, 

FGIS must resume official inspection and weighing services within 

six hours. If no prior notice was given, FGIS has 12 hours to proVerDate Sep 11 2014 02:22 Jun 01, 2015 Jkt 049006 PO 00000 Frm 00003 Fmt 6659 Sfmt 6602 E:\HR\OC\HR133.XXX HR133

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vide the services. FGIS may use either Federal inspectors or inspectors from another delegated State agency to remedy the situation. If for any reason FGIS cannot resume official inspection and 

weighing services within the applicable timeframe, the interested 

person at an export elevator at an export port location may request 

that another delegated or designated State agency perform official 

inspection and weighing services. 

If a disruption in service occurs, the Secretary must review the 

delegated State agency and report to Congress: (1) the reason(s) for 

the service interruption, and (2) the determination and justification 

for revoking or retaining the State agency’s delegated status. Receipt of 72 hour prior notice will be a mitigating factor in the Secretary’s determination. 

Delegation process for State agencies 

The bill ends the permanent delegation of State agencies to carry 

out export inspection and weighing services. Within two years of 

enactment, FGIS must review current State agency delegations by 

existing statutory criteria. The review will also have a public notice 

and comment period. The delegations will be for a maximum fiveyear period, at the end of which, the delegated State agency must 

reapply for their delegated status. This process will bring transparency to a currently opaque process. The bill also makes other 

state agencies eligible to apply for delegated authority to perform 

official inspection and weighing services. 

Length of designations 

The bill increases the length of domestic inspection designations 

from three years to five years. This change will allow officially designated entities more stability for planning purposes. GIPSA will 

still be able to suspend or revoke the entity’s designation if it is 

warranted per current law. 

User fee calculation 

The bill changes the fee calculation for inspection and weighing 

services based on export tonnage to be based on a five-year rolling 

average of export tonnage volumes. The five year rolling average 

will be more predictable and reflective of the market. It also directs 

the Secretary of Agriculture to annually adjust the fees to maintain 

a three to six month operation reserve. 

SECTION-BY-SECTION ANALYSIS OF LEGISLATION

Section 1. Short title 

Section 1 of the bill designates the title of the bill as ‘‘United 

State Grain Standards Act Reauthorization Act of 2015’’. 

Section 2. Reauthorization of United States Grain Standards Act 

Subsection (a) amends the purposes of the Act, found in section 

2(b) (7 U.S.C. 72(b)), by amending paragraph (1) and adding a new 

paragraph (4). Paragraph (1) is amended to provide that it is the 

policy of Congress to promote the marketing of high quality grain 

responsive to the purchase specifications of domestic and foreign 

buyers. Paragraph (4) provides that, it is the policy of Congress to 


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provide an accurate, reliable, consistently available and cost-effective official grain inspection and weighing system. 

Subsection (b) amends section 3 of the Act (7 U.S.C. 75) to include a new paragraph (aa) and to make technical and conforming 

amendments to section 3. Paragraph (aa) defines the term ‘‘major 

disaster’’. 

Subsection (c) amends section 5(a) of the Act (7 U.S.C. 77(a)(1)) 

to remove the Secretary’s discretionary waiver authority in emergency situations in paragraph (1) and amends paragraph (2) to provide that transfers of grain into an export elevator by any mode of 

transportation are not required to be officially weighed. 

Subsection (d) amends section 7(e) of the Act (7 U.S.C. 79(e)) to 

revise the process that the Secretary uses to delegate authority to 

State agencies. The amended process includes an application process, public notice and comment period, investigation, and, ultimately, findings and decision by the Secretary. This section also 

provides for a 72–hour notice to the Secretary should any delegated 

State agency intend to temporarily discontinue official inspection 

services. In addition, this subsection provides that, should any delegated State agency fail to perform official inspection services, the 

Secretary is required to review the delegation of authority, make 

a finding as to whether or not the State agency should retain its 

delegated authority, and report this information to Congress within 

90 days. A State agency delegated authority by the Secretary retains the ability to request a cancellation of authority for any reason upon 90–days advance notice to the Secretary. Subsection (d) 

further amends the term of delegation to a period not to exceed five 

years. Finally, subsection (d) provides for the review by the Secretary of all State agencies delegated authority within two years of 

the date of enactment of this Act. 

Subsection (e) further amends section 7(e) (7 U.S.C. 79(e)) by providing that official inspection services are to be provided in an uninterrupted manner. Where official inspection services are interrupted, the Secretary has a period of time to reestablish services 

using USDA personnel or personnel from another delegated State 

agency. Where a delegated State agency gives advance notice, the 

Secretary has six hours to resume services. Where a delegated 

State agency does not give advance notice, the Secretary has twelve 

hours to resume service. Where the Secretary is unable to reestablish official inspection services within the time period allotted, the 

export elevator at the export port location may request services 

from any other delegated or designated State agency. Should any 

other delegated or designated State agency agree to provide such 

services, such an agency may, at their own discretion, provide 

those services up to 90 days from the date such service is initiated. 

The Secretary is further required to maintain a list of such delegated State agencies and all official agencies contact information 

for such agencies on USDA’s website. 

In developing this legislation, FGIS provided the Committee with 

invaluable technical assistance. Among the issues that were discussed between the FGIS and Committee were the need for FGIS 

to audit each export elevator at an export port location in order to 

evaluate and correct any concerns with employee safety before 

those concerns manifest into a service disruption. Further, the 

FGIS agreed to develop location specific contingency plans to enVerDate Sep 11 2014 02:22 Jun 01, 2015 Jkt 049006 PO 00000 Frm 00005 Fmt 6659 Sfmt 6602 E:\HR\OC\HR133.XXX HR133

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sure that FGIS can fulfill its statutory obligation of providing uninterrupted weighing and grading services at each export elevator at 

an export port location. The Committee appreciates this input and 

requests that such contingency plans be developed in cooperation 

with stakeholders and be made final within one year of enactment. 

The Committee engaged FGIS on several logistical questions pertaining to implementation of this safeguard provision, and whether 

the agency had regulatory authority to deal with these items, or if 

the agency would require statutory direction. The FGIS confirmed 

both the underlying authority to address these logistical items by 

regulation, and their willingness to do so expeditiously. Those 

logistical items include, but are not limited to ensuring any delegated or designated State agency providing temporary inspection 

services in the event of a service interruption would be granted 

unhindered access to equipment and facilities to carry out weighing 

and grading services; and provisions to establish an appropriate fee 

structure to cover weighing and grading service costs, including 

costs associated with transportation and lodging of temporary inspectors. 

Subsection (f) amends section 7(f)(2) of the Act (7 U.S.C. 79(f)(2)) 

by removing paragraphs (A) and (B)(ii); redesignating clauses (i) 

and (ii) as subparagraphs (A) and (B) and inserting a new subparagraph (C) and making other technical and conforming changes. 

New subparagraph (C) allows the Secretary to waive the geographic boundaries for designated agencies where an official agency 

and an adjacent official agency have agreed in writing to waive the 

geographic boundaries. 

Subsection (g) amends Section 7(g)(1) of the Act (7 U.S.C. 

79(g)(1)) by amending the duration of designations of official agencies from three to five years. 

Subsection (h) amends Section 7(j)(1) of the Act (7 U.S.C. 79(j)(1) 

to allow the portion of fees for official inspections and weighing 

that is based on export tonnage to be based on a rolling five-year 

average of export tonnage volumes and to allow for the adjustment 

of those fees on at least an annual basis. Section 7(j)(1) is also 

amended to allow for fees to be adjusted to maintain an operating 

reserve of three to six months and to extend until September 30, 

2020, the application of fees to cover the administrative and supervisory costs related to the official inspection of grain. 

Subsection (i) makes technical and conforming changes to Section 

7A(c)(2) of the Act (7 U.S.C. 79a(c)(2)) to conform that section to 

the changes made by subsection (e). 

Subsection (j) amends Section 7A(l)(3) of the Act (7 U.S.C. 

79a(l)(2)) by extending until September 30, 2020, the collection of 

fees for weighing services. 

Subsection (k) amends Section 7D of the Act (7 U.S.C. 79d) by 

extending until September 30, 2020, the limitation of administrative and supervisory costs. 

Subsection (l) amends Section 8 of the Act (7 U.S.C. 84) by 

amending the duration of authorizations from three to five years 

and by amending the persons who may be hired as official inspection personnel. 

Subsection (m) amends Section 19 of the Act (7 U.S.C. 87h) by 

extending until September 30, 2020, the authorization for appropriations. 


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Subsection (n) amends Section 21 of the Act (7 U.S.C. 87j(e)) by 

extending until September 30, 2020, the authorization of the advisory committee. 

COMMITTEE CONSIDERATION

I. HEARINGS

On April 22, 2015, the Subcommittee on General Farm Commodities and Risk Management held a public hearing to review reauthorization of the United States Grains Standards Act. 

Members of the Subcommittee heard testimony and discussed reauthorization of the United States Grains Standards Act. First enacted in 1916, the Act has been the cornerstone of the grain trade 

both for domestically and internationally. This law is relied upon 

not only by exporters and domestic shippers, but the whole United 

States agricultural sector. It established official marketing standards and procedures for the inspection and weighing of grains and 

oilseeds, providing a critical service to the grain marketplace. During the hearing, the following witnesses testified on matters included in H.R. 2088: 

• Mr. David M. Winkles, Jr., President, South Carolina Farm 

Bureau, Columbia, SC 

• Mr. David Cox, Sr., National President, American Federation 

of Government Employees, AFL-CIO, Washington, DC 

• Mr. Nick Friant, Chairman, Grain Grades and Weights Committee, National Grain and Feed Association; Co-Chair, Grain 

Grades and Inspections Committee, North American Export Grain 

Association, Wayzata, MN 

II. FULL COMMITTEE

The Committee on Agriculture met, pursuant to notice, with a 

quorum present, on April 30, 2015, to consider H.R. 2088, United 

States Grains Standards Act Reauthorization Act of 2015. 

H.R. 2088 was placed before the Committee for consideration. 

Without objection, a first reading of the bill was waived and it was 

open for amendment at any point. 

Chairman Conaway, Mr. Peterson, Mr. Crawford, and Mr. Walz 

were recognized for statements. There being no amendments, Mr. 

Peterson was recognized to offer a motion that the bill H.R. 2088 

be reported favorably to the House with the recommendation that 

it do pass. The motion was subsequently approved by voice vote. 

At the conclusion of the meeting, Chairman Conaway advised 

Members that pursuant to the rules of the House of Representatives Members had until May 4, 2015, to file any supplemental, minority, additional, or dissenting views with the Committee. 

Without objection, staff was given permission to make any necessary clerical, technical or conforming changes to reflect the intent 

of the Committee. Chairman Conaway thanked all the Members 

and adjourned the meeting. 

COMMITTEE VOTES

In compliance with clause 3(b) of rule XIII of the House of Representatives, H.R. 2088 was reported by voice vote with a majority 

quorum present. There was no request for a recorded vote. 


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COMMITTEE OVERSIGHT FINDINGS

Pursuant to clause 3(c)(1) of rule XIII of the Rules of the House 

of Representatives, the Committee on Agriculture’s oversight findings and recommendations are reflected in the body of this report. 

BUDGET ACT COMPLIANCE (SECTIONS 308, 402, AND 423) 

The provisions of clause 3(c)(2) of rule XIII of the Rules of the 

House of Representatives and section 308(a)(1) of the Congressional 

Budget Act of 1974 (relating to estimates of new budget authority, 

new spending authority, new credit authority, or increased or decreased revenues or tax expenditures) are not considered applicable. The estimate and comparison required to be prepared by the 

Director of the Congressional Budget Office under clause 3(c)(3) of 

rule XIII of the Rules of the House of Representatives and sections 

402 and 423 of the Congressional Budget Act of 1974 submitted to 

the Committee prior to the filing of this report are as follows: 

U.S. CONGRESS, 

CONGRESSIONAL BUDGET OFFICE, 

Washington, DC, May 13, 2015. 

Hon. K. MICHAEL CONAWAY, 

Chairman, Committee on Agriculture, 

House of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 2088, the United States 

Grain Standards Act Reauthorization Act of 2015. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Jim Langley. 

Sincerely, 

KEITH HALL. 

Enclosure. 

H.R. 2088—United States Grain Standards Act Reauthorization Act 

of 2015 

Summary: H.R. 2088 would amend and extend, through 2020, 

the U.S. Department of Agriculture’s (USDA’s) authority to carry 

out activities under the United States Grain Standards Act. The 

bill would authorize annual appropriations of amounts necessary 

for the Grain Inspection, Packers, and Stockyards Administration 

(GIPSA, an agency of USDA) to carry out activities under that act 

and extend GIPSA’s authority to collect and spend fees for certain 

grain inspection and weighing services. H.R. 2088 also would allow 

the Secretary of Agriculture to authorize state agencies and private 

entities to perform export inspection and weighing services and 

would specify procedures whereby such activities would continue 

during disaster conditions or other disruptions in services. 

CBO estimates that implementing H.R. 2088 would cost $106 

million over the 2016–2020 period, assuming appropriation of the 

necessary amounts. Enacting the bill would affect direct spending; 

therefore, pay-as-you-go procedures apply. However, CBO estimates 

that such effects would not be significant in any year. The bill 

would not affect revenues. 


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H.R. 2088 contains no intergovernmental mandates as defined in 

the Unfunded Mandates Reform Act (UMRA) and would impose no 

costs on state, local, or tribal governments. 

H.R. 2088 would impose a private-sector mandate, as defined in 

UMRA, on grain exporters by extending GIPSA’s authority to collect fees for grain inspection and weighing services. Based on information from GIPSA, CBO estimates that the cost of complying with 

the mandate would fall below the annual threshold established in 

UMRA for private-sector mandates ($154 million in 2015, adjusted 

annually for inflation). 

Estimated cost to the Federal Government: The estimated budgetary effect of H.R. 2088 is shown in the following table. The costs 

of this legislation fall within budget function 350 (agriculture). 

By fiscal year, in millions of dollars— 

2016 2017 2018 2019 2020 2016– 

2020 

CHANGES IN SPENDING SUBJECT TO APPROPRIATION 

Estimated Authorization Level ...................................................... 20 21 21 22 22 106 

Estimated Outlays ........................................................................ 20 21 21 22 22 106 

Basis of estimate: For this estimate, CBO assumes that H.R. 

2088 will be enacted by October 1, 2015, and that the necessary 

amounts will be appropriated in each of the next five years. 

The legislation would reauthorize, through 2020, annual appropriations of amounts necessary for GIPSA to establish standards 

and monitor grain inspection and weighing services provided on a 

fee-for-service basis under the United States Grain Standards Act. 

(Under current law, such authorities will expire on September 30, 

2015). For 2015, GIPSA received $20 million for those activities. 

Assuming that GIPSA’s costs under H.R. 2088 would remain in 

line with current funding levels and adjusting for anticipated inflation, CBO estimates that fully funding GIPSA’s activities would require appropriations totaling $20 million in 2016 and $106 million 

over the 2016–2020 period. 

The bill also would extend GIPSA’s authority to collect and spend 

fees for inspection and weighing services conducted at various export elevators at export port locations. GIPSA establishes such fees 

to recover the costs of providing those services, and to maintain a 

three- to six-month operating reserve to finance accrued liabilities. 

CBO estimates that offsetting receipts from such fees will total $47 

million in 2015 and $55 million in 2016. Because fee collections 

would be adjusted at least annually to offset the cost of inspection 

and weighing services, CBO estimates that the legislation would 

have no significant net effect on direct spending in any year. 

Pay-As-You-Go considerations: None. 

Impact on state, local, and tribal governments: H.R. 2088 contains no intergovernmental mandates as defined in UMRA and 

would impose no costs on state, local, or tribal governments. The 

bill would extend the USDA’s authority to collect fees from state 

agencies to which it has delegated certain responsibilities under 

the Grain Standards Act, but the agencies pay those fees as a condition of participating in a voluntary federal program. 

Estimated impact to the private sector: H.R. 2088 would impose 

a private-sector mandate, as defined in UMRA, on grain exporters 

by extending GIPSA’s authority to collect fees for grain inspection 


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and weighing services. Inspection and weighing services are mandatory for most grain exported from the United States. Fees for inspection and weighing services are collected by GIPSA, State agencies, or private entities approved by the Secretary of Agriculture. 

Based on information from GIPSA, CBO estimates that the fees 

paid by grain exporters for mandatory inspection and weighing 

services would amount to $50 million to $60 million annually. Consequently, the cost of complying with the mandate would fall below 

the annual threshold established in UMRA for private-sector mandates ($154 million in 2015, adjusted annually for inflation). 

Estimate prepared by: Federal costs: Jim Langley; Impact on 

state, local, and tribal governments: J’nell Blanco Suchy; Impact on 

the private sector: Amy Petz. 

Estimate approved by: Theresa Gullo, Assistant Director for 

Budget Analysis. 

PERFORMANCE GOALS AND OBJECTIVES

With respect to the requirement of clause 3(c)(4) of rule XIII of 

the Rules of the House of Representatives, the performance goals 

and objectives of this legislation are to amend the United States 

Grain Standards Act to improve inspection services performed at 

export elevators at export port locations, to reauthorize certain authorities of the Secretary of Agriculture under such Act, and for 

other purposes. 

COMMITTEE COST ESTIMATE

Pursuant to clause 3(d)(2) of rule XIII of the Rules of the House 

of Representatives, the Committee report incorporates the cost estimate prepared by the Director of the Congressional Budget Office 

pursuant to sections 402 and 423 of the Congressional Budget Act 

of 1974. 

ADVISORY COMMITTEE STATEMENT

No advisory committee within the meaning of section 5(b) of the 

Federal Advisory Committee Act was created by this legislation. 

APPLICABILITY TO THE LEGISLATIVE BRANCH

The Committee finds that the legislation does not relate to the 

terms and conditions of employment or access to public services or 

accommodations within the meaning of section 102(b)(3) of the Congressional Accountability Act (Public Law 104–1). 

FEDERAL MANDATES STATEMENT

The Committee adopted as its own the estimate of Federal mandates prepared by the Director of the Congressional Budget Office 

pursuant to section 423 of the Unfunded Mandates Reform Act 

(Public Law 104–4). 

EARMARK STATEMENT REQUIRED BY CLAUSE 9 OF RULE XXI OF THE

RULES OF HOUSE OF REPRESENTATIVES

H.R. 2088 does not contain any congressional earmarks, limited 

tax benefits, or limited tariff benefits as defined in clause 9(e), 9(f), 

or 9(g) of rule XXI of the Rules of the House Representatives. 


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DUPLICATION OF FEDERAL PROGRAMS

This bill does not establish or reauthorize a program of the Federal Government known to be duplicative of another Federal program, a program that was included in any report from the Government Accountability Office to Congress pursuant to section 21 of 

Public Law 111–139, or a program related to a program identified 

in the most recent Catalog of Federal Domestic Assistance. 

DISCLOSURE OF DIRECTED RULE MAKINGS

The Committee does not believe that the legislation directs an 

executive branch official to conduct any specific rule making proceedings within the meaning of 5 U.S.C. 551. 

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italic, 

and existing law in which no change is proposed is shown in 

roman): 

UNITED STATES GRAIN STANDARDS ACT 

* * * * * * * 

DECLARATION OF POLICY

SEC. 2. (a) Grain is an essential source of the world’s total supply 

of human food and animal feed and is merchandised in interstate 

and foreign commerce. It is declared to be the policy of the Congress, for the promotion and protection of such commerce in the interests of producers, merchandisers, warehousemen, processors, 

and consumers of grain, and the general welfare of the people of 

the United States, to provide for the establishment of official 

United States standards for grain, to promote the uniform application thereof by official inspection personnel, to provide for an official inspection system for grain, and to regulate the weighing and 

the certification of the weight of grain shipped in interstate or foreign commerce in the manner hereinafter provided; with the objectives that grain may be marketed in an orderly and timely manner 

and that trading in grain may be facilitated. It is hereby found that 

all grain and other articles and transactions in grain regulated 

under this Act are either in interstate or foreign commerce or substantially affect such commerce and that regulation thereof as provided in this Act is necessary to prevent or eliminate burdens on 

such commerce and to regulate effectively such commerce. 

(b) It is also declared to be the policy of Congress— 

(1) to promote the marketing of grain of high quality øto 

both domestic and foreign buyers¿ responsive to the purchase 

specifications of domestic and foreign buyers; 

(2) that the primary objective of the official United States 

standards for grain is to certify the quality of grain as accurately as practicable; øand¿ 

(3) that official United States standards for grain shall— 


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(A) define uniform and accepted descriptive terms to facilitate trade in grain; 

(B) provide information to aid in determining grain 

storability; 

(C) offer users of such standards the best possible information from which to determine end-product yield and 

quality of grain; 

(D) provide the framework necessary for markets to establish grain quality improvement incentives; 

(E) reflect the economic value-based characteristics in 

the end uses of grain; and 

(F) accommodate scientific advances in testing and new 

knowledge concerning factors related to, or highly correlated with, the end use performance of grainø.¿; and 

(4) to provide an accurate, reliable, consistently available, 

and cost-effective official grain inspection and weighing system. 

DEFINITIONS

SEC. 3. When used in this Act, except where the context requires 

øotherwise—¿ otherwise: 

(a) øthe term¿ The term ‘‘Secretary’’ means the Secretary of 

Agriculture of the United States or delegates of the 

Secretaryø;¿. (b) øthe term¿ The term ‘‘Department of Agriculture’’ means 

the United States Department of Agricultureø;¿. (c) øthe term¿ The term ‘‘person’’ means any individual, partnership, corporation, association, or other business entityø;¿. (d) øthe term¿ The term ‘‘United States’’ means the States 

(including Puerto Rico) and the territories and possessions of 

the United States (including the District of Columbia)ø;¿. (e) øthe term¿ The term ‘‘State’’ means any one of the States 

(including Puerto Rico) or territories or possessions of the 

United States (including the District of Columbia)ø;¿. (f) øthe term¿ The term ‘‘interstate or foreign commerce’’ 

means commerce from any State to or through any other State, 

or to or through any foreign countyø;¿. (g) øthe term¿ The term ‘‘grain’’ means corn, wheat, rye, 

oats, barley, flaxseed, sorghum, soybeans, mixed grain, and 

any other food grains, feed grains, and oilseeds for which 

standards are established under section 4 of this Actø;¿. (h) øthe term¿ The term ‘‘export grain’’ means grain for shipment from the United States to any place outside thereofø;¿. 

(i) øthe term¿ The term ‘‘official inspection’’ means the determination (by original inspection, and when requested, reinspection and appeal inspection) and the certification, by official inspection personnel of the kind, class, quality, or condition of 

grain, under standards provided for in this Act, or the condition of vessels and other carriers or receptacles for the transportation of grain insofar as it may affect the quality or condition of such grain; or other facts relating to grain under other 

criteria approved by the Secretary under this Act (the term ‘‘officially inspected’’ shall be construed accordingly)ø;¿. 

(j) øthe term¿ The term ‘‘official inspection personnel’’ means 

persons licensed or otherwise authorized by the Secretary pursuant to section 8 of this Act to perform all or specified funcVerDate Sep 11 2014 02:22 Jun 01, 2015 Jkt 049006 PO 00000 Frm 00012 Fmt 6659 Sfmt 6602 E:\HR\OC\HR133.XXX HR133

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tions involved in official inspection, official weighing, or supervision of weighing, or in the supervision of official inspection, 

official weighing or supervision of weighingø;¿. (k) øthe term¿ The term ‘‘official mark’’ means any symbol 

prescribed by regulations of the Secretary to show the official 

determination of official inspection or official weighingø;¿. (l) øthe term¿ The term ‘‘official grade designation’’ means a 

numerical or sample grade designation, specified in the standards relating to kind, class, quality, and condition of grain, provided for in this Actø;¿. (m) øthe term¿ The term ‘‘official agency’’ means any State 

or local governmental agency, or any person, designated by the 

Secretary pursuant to subsection (f) of section 7 of this Act for 

the conduct of official inspection (other than appeal inspection), 

or subsection (c) of section 7A of this Act for the conduct of official weighing or supervision of weighing (other than appeal 

weighing)ø;¿. (n) øthe terms¿ The terms ‘‘official certificate’’ and ‘‘official 

form’’ mean, respectively, a certificate or other form prescribed 

by regulations of the Secretary under this Actø;¿. (o) øthe term¿ The term ‘‘official sample’’ means a sample obtained from a lot of grain by, and submitted for official inspection by, official inspection personnel (the term ‘‘official sampling’’ shall be construed accordingly)ø;¿. (p) øthe term¿ The term ‘‘submitted sample’’ means a sample 

submitted by or for an interested person for official inspection, 

other than an official sampleø;¿. (q) øthe term¿ The term ‘‘lot’’ means a specific quantity of 

grain identified as suchø;¿. (r) øthe term¿ The term ‘‘interested person’’ means any person having a contract or other financial interest in grain as the 

owner, seller, purchaser, warehouseman, or carrier, or 

otherwiseø;¿. (s) øthe verb¿ The verb ‘‘ship’’ with respect to grain means 

transfer physical possession of the grain to another person for 

the purpose of transportation by any means of conveyance, or 

transport one’s own grain by any means of conveyanceø;¿. (t) øthe terms¿ The terms ‘‘false’’, ‘‘incorrect’’, and ‘‘misleading’’ mean, respectively, false, incorrect, and misleading in 

any particularø;¿. (u) øthe term¿ The term ‘‘deceptive loading, handling, weighing, or sampling’’ means any manner of loading, handling, 

weighing, or sampling that deceives or tends to deceive official 

inspection personnel, as specified by regulations of the Secretary under this Actø;¿. (v) øthe term¿ The term ‘‘export elevator’’ means any grain 

elevator, warehouse, or other storage or handling facility in the 

United States as determined by the Secretary, from which 

grain is shipped from the United States to an area outside 

thereofø;¿. 

(w) øthe term¿ The term ‘‘export port location’’ means a commonly recognized port of export in the United States or Canada, as determined by the Secretary, from which grain produced in the United States shipped to any place outside the 

United Statesø;¿. 


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14 

(x) øthe term¿ The term ‘‘official weighing’’ means the determination and certification by official inspection personnel of 

the quantity of a lot of grain under standards provided for in 

this Act, based on the actual performance of weighing or the 

physical supervision thereof, including the physical inspection 

and testing for accuracy of the weights and scales and the 

physical inspection of the premises at which the weighing is 

performed and the monitoring of the discharge of grain into the 

elevator or øconveyance (the terms¿ conveyance. The terms ‘‘officially weigh’’ and ‘‘officially weighed’’ shall be construed øaccordingly);¿ accordingly. 

(y) øthe term¿ The term ‘‘supervision of weighing’’ means 

such supervision by official inspection personnel of the grainweighing process as is determined by the Secretary 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 conveyanceø; 

and¿. (z) øthe term¿ The term ‘‘intracompany shipment’’ means the 

shipment, within the United States, of grain lots between facilities owned or controlled by the person owning the grain. 

The shipment of grain owned by a cooperative, from a facility 

owned by that cooperative, to an export facility which it jointly 

owns with other cooperative, qualifies as an intracompany 

shipment. 

(aa) The term ‘‘major disaster’’ has the meaning given that 

term in section 102(2) of the Robert T. Stafford Disaster Relief 

and Emergency Assistance Act (42 U.S.C. 5122(2)), except that 

the term includes a severe weather incident causing a regionwide interruption of government services. 

* * * * * * * 

OFFICIAL INSPECTION AND WEIGHING REQUIREMENTS

SEC. 5. (a) Whenever standards or procedures, are effective under 

section 4 of this Act 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 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 the agent 

of the shipper, to the consignee with the bill of lading or other 

shipping documents covering the shipment: Provided, That the 

Secretary ømay waive¿ shall promptly waive the foregoing requirement in emergency or other circumstances which would 

not impair the objectives of this Act: Provided further, That the 

Secretary 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 


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15 

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 Secretary prior to shipment; 

(2) except as the Secretary may provide in emergency or 

other circumstances which would not impair the objectives of 

this Act, 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, øintracompany shipments 

of grain into an export elevator by any mode of transportation, 

grain transferred into an export elevator by transportation 

modes other than barge,¿ shipments of grain into an export elevator by any mode of transportation 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 Secretary, 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 employees of the Secretary or any other person licensed under section 8 of this Act, shall be supervised by representatives of the Secretary, in accordance with such regulations 

as the Secretary may provide. 

(c) The Secretary is authorized and directed to require that all 

corn exported from the United States be tested to ascertain whether it exceeds acceptable levels of aflatoxin contamination, unless 

the contract for export between the buyer and seller stipulates that 

aflatoxin testing shall not be conducted. 

* * * * * * * 

OFFICIAL INSPECTION AUTHORITY AND FUNDING

SEC. 7. (a) The Secretary is authorized to cause official inspection 

under the standards provided for in section 4 of this Act to be made 

of all grain required to be officially inspected as provided in section 

5 of this Act, in accordance with such regulations as the Secretary 

may prescribe. 

(b) The Secretary is further authorized, upon request of any interested person, and under such regulations as the Secretary 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 4 of this Act, or, upon request of the interested person, under 

other criteria approved by the Secretary for determining the kind, 

class, quality, or condition of grain, or other facts relating to grain, 

whenever in the judgment of the Secretary providing such service 

will effectuate any of the objectives stated in section 2 of this Act. 

(c) The regulations prescribed by the Secretary under this Act 

shall include provisions for reinspections and appeal inspections; 

cancellation and surrender of certificates superseded by reinspections and appeal inspections; and the use of standards forms for ofVerDate Sep 11 2014 02:22 Jun 01, 2015 Jkt 049006 PO 00000 Frm 00015 Fmt 6659 Sfmt 6602 E:\HR\OC\HR133.XXX HR133

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ficial certificates. The Secretary may provide by regulation that 

samples obtained by or for employees of the Secretary 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 setting out the results of official inspection 

issued and not canceled under this Act shall be received by all officers and all courts of the United States as prima facie evidence of 

the truth of the facts stated therein. 

(e)ø(1) Except as otherwise provided in paragraph (2) of this subsection, the Secretary shall cause official inspection at export port 

locations, for all grain required or authorized to be inspected by 

this Act, to be performed by official inspection personnel employed 

by the Secretary or other persons under contract with the Secretary as provided in section 8 of this Act.¿ (1) Except as otherwise 

provided in paragraphs (3) and (4) of this subsection, the Secretary 

shall cause official inspection at export elevators at export port locations, for all grain required or authorized to be inspected by this 

Act, to be performed— 

(A) by official inspection personnel employed by the Secretary; 

or 

(B) by other persons under contract with the Secretary as provided in section 8 of this Act. 

(2) If the Secretary determines, pursuant to paragraph (3) of this 

subsection, that a State agency is qualified to perform official 

inspectionø, meets the criteria in subsection (f)(1)(A) of this section, 

and (A) was performing official inspection at an export port location 

under this Act 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 the date 

of enactment of the Agriculture and Food Act of 1981 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 Secretary, 5 per centum 

of the total amount of grain exported from the United States annually, the Secretary may delegate¿ and meets the criteria specified 

in subsection (f)(1)(A) of this section, the Secretary may delegate authority to the State agency to perform all or specified functions involved in official inspection (other than appeal inspection) øat export port locations within the State, including export port locations¿ at export elevators at export port locations within the State, 

including at export elevators at export port locations which may in 

the future be established, subject to such rules, regulations, instructions, and oversight as the Secretary may prescribe, and any 

such official inspection shall continue to be the direct responsibility 

of the Secretary. øAny such delegation¿ The delegation under this 

paragraph of authority to conduct official inspection services shall 

be for a term not to exceed five years, and may be renewed thereafter 

in accordance with this subsection, except that any such delegation 

may be revoked by the Secretary, at the discretion of the Secretary, 

at any time upon notice to the State agency without opportunity 

for a hearing. 

ø(3) Prior to delegating authority to a State agency for the performance of official inspection at export port locations pursuant to 


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17 

paragraph (2) of this subsection, the Secretary 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 Secretary 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.¿ 

(3) Prior to delegating authority to a State agency for the performance of official inspection services at export elevators at export port 

locations pursuant to paragraph (2) of this subsection, the Secretary 

shall comply with the following: 

(A) Upon receipt of an application from a State agency requesting the delegation of authority to perform official inspection services on behalf of the Secretary, publish notice of the application in the Federal Register and provide a minimum 30- 

day comment period on the application. 

(B) Evaluate the comments received under subparagraph (A) 

with respect to an application and conduct an investigation to 

determine whether the State agency that submitted the application and its personnel are qualified to perform official inspection services on behalf of the Secretary. In conducting the investigation, the Secretary shall consult with, and review the available files of the Department of Justice, the Office of Inspector 

General of the Department of Agriculture, and the Government 

Accountability Office. 

(C) Make findings based on the results of the investigation 

and consideration of public comments received. 

(D) Publish a notice in the Federal Register announcing 

whether the State agency has been delegated the authority to 

perform official inspection services at export elevators at export 

port locations on behalf of the Secretary, and the basis upon 

which the Secretary has made the decision. 

(4)(A) Except in the case of a major disaster, if a State agency 

that has been delegated the authority to perform official inspection 

services at export elevators at export port locations on behalf of the 

Secretary fails to perform such official services, the Secretary shall 

submit to Congress, within 90 days after the first day on which inspection services were not performed by the delegated State agency, 

a report containing— 

(i) the reasons for the State agency’s failure; and 

(ii) the rationale as to whether or not the Secretary will 

permit the State agency to retain its delegated authority. 

(B) A State agency may request that the delegation of inspection 

authority to the agency be canceled by providing written notice to 

the Secretary at least 90 days in advance of the requested cancellation date. 

(C) If a State agency that has been delegated the authority under 

paragraph (2) of this subsection to perform official inspection services at an export elevator at an export port location on behalf of the 

Secretary intends to temporarily discontinue such official inspection 

services or weighing services for any reason, except in the case of a 

major disaster, the State agency shall notify the Secretary in writVerDate Sep 11 2014 02:22 Jun 01, 2015 Jkt 049006 PO 00000 Frm 00017 Fmt 6659 Sfmt 6603 E:\HR\OC\HR133.XXX HR133

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ing of its intention to do so at least 72 hours in advance of the discontinuation date. The receipt of such prior notice shall be considered by the Secretary as a mitigating factor in determining whether 

to maintain or revoke the delegation of authority to the State agency. 

(5) Except in the case of a major disaster, the Secretary shall 

cause official inspections at an export elevator at an export port location— 

(A) to be performed without interruption by official inspection 

personnel employed by the Secretary or by a State agency delegated such authority under paragraph (2) of this subsection; or 

(B) if interrupted, to be resumed at the export elevator by utilizing official inspection personnel employed by the Secretary or 

by another delegated State agency as provided under paragraph 

(2) of this subsection as follows: 

(i) Within six hours after the interruption, if the interruption is caused by a State agency delegated such authority 

under this subsection and the Secretary received advance 

notice of the interruption pursuant to paragraph (4)(C) of 

this subsection. 

(ii) Within 12 hours after the interruption, if the State 

agency failed to provide the required advance notice of the 

interruption. 

(6)(A) If the Secretary is unable to restore official inspection services within the applicable time period required by paragraph (5)(B) 

of this subsection, the interested person requesting such services at 

the export elevator at an export port location shall be authorized to 

utilize official inspection personnel, as provided under section 8 of 

the Act, employed by another State agency delegated authority 

under paragraph (2) of this subsection or designated under subsection (f)(1) of this section. 

(B) A delegated or designated State agency providing inspection 

services under subparagraph (A) may, at its discretion, provide such 

services for a period of up to 90 days from the date on which the 

services are initiated, after which time the Secretary may restore official inspection services using official inspection personnel employed by the Secretary or a State agency delegated such authority 

under this subsection, if available. The State agency shall notify the 

Secretary in writing of its intention to discontinue inspection services under subparagraph (A) at least 72 hours in advance of the discontinuation date. 

(7) Not later than 60 days after the date of the enactment of this 

paragraph, the Secretary shall make available to the public, including pursuant to a website maintained by the Secretary, a list of all 

delegated States and all official agencies authorized to perform official inspections on behalf of the Secretary. This list shall include 

the name, contact information, and category of authority granted. 

The Secretary shall update the list at least semiannually. 

(f)(1) With respect to official inspections øother than at export 

port locations¿ (other than at an export elevator at an export port 

location), the Secretary 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 apVerDate Sep 11 2014 02:22 Jun 01, 2015 Jkt 049006 PO 00000 Frm 00018 Fmt 6659 Sfmt 6602 E:\HR\OC\HR133.XXX HR133

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peal inspection) at locations where the Secretary determines official 

inspection is needed, if— 

(A) the agency or person shows to the satisfaction of the Secretary 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 Secretary under section 8(g) 

of this Act; 

(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 Act 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 of the State or local governmental agency; 

(vii) and any related entities do not have a conflict of interest prohibited by section 11 of this Act; 

(viii) will maintain complete and accurate records of its 

organization, staffing, official activities, and fiscal operations, and such other records as the Secretary 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 Act and the 

regulations and instructions thereunder; and 

(xi) meets other criteria established in regulations issued 

under this Act relating to official functions under this Act; 

and 

(B) the Secretary determines that the applicant is better able 

than any other applicant to provide official inspection service. 

(2) GEOGRAPHIC BOUNDARIES FOR OFFICIAL AGENCIES.—Not 

more than one official agency designated under paragraph (1) 

or State delegated authority under subsection (e)(2) to carry 

out the inspection provisions of this Act shall be operative at 

the same time in any geographic area defined by the Secretary, 

except that, if the Secretary determines that the presence of 

more than one designated official agency in the same geographic area will not undermine the policy stated in section 2, 

øthe Secretary may—¿ the Secretary shall allow a designated 

official agency to cross boundary lines to carry out inspections 

in another geographic area if— 


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20 

ø(A) allow more than one designated official agency to 

carry out inspections within the same geographical area as 

part of a pilot program; and 

ø(B) allow a designated official agency to cross boundary 

lines to carry out inspections in another geographic area if 

the Secretary also determines that— 

ø(i) the current designated official agency for that 

geographic area is unable to provide inspection services in a timely manner; 

ø(ii) a person requesting inspection services in that 

geographic area has not been receiving official inspection services from the current designated official agency for that geographic area; or 

ø(iii) a person requesting inspection services in that 

geographic area requests a probe inspection on a 

barge-lot basis.¿ 

(A) the current designated official agency for that geographic area is unable to provide inspection services in a 

timely manner; 

(B) a person requesting inspection services in that geographic area requests a probe inspection on a barge-lot 

basis; or 

(C) the current official agency for that geographic area 

agrees in writing with the adjacent official agency to waive 

the current geographic area restriction at the request of the 

applicant for service. 

(3) Except as authorized by the Secretary, no official agency or 

State delegated authority pursuant to subsection (e)(2) of this section shall officially inspect under this Act any official or other sample drawn from a lot of grain and submitted for inspection unless 

such lot of grain is physically located within the geographic area 

assigned to the agency by the Secretary at the time such sample 

is drawn. 

(4) No State or local governmental agency or person shall provide 

any official inspection for the purposes of this Act except pursuant 

to an unsupended and unrevoked delegation of authority or designation by the Secretary, as provided in this section, or as provided in section 8(a) of this Act. 

ø(4)¿ (5) The Secretary 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 øor subsection (f)¿ or subsection (e) of this section, as the 

Secretary determines will best meet the objectives of this Act. 

(g)(1) Designations of official agencies shall terminate at such 

time as specified by the Secretary but not later than øtriennially¿ 

every five years and may be renewed in accordance with the criteria 

and procedure prescribed in subsection (f) of this section. 

(2) A designation of an official agency may be amended at any 

time upon application by the official agency if the Secretary determines that the amendment will be consistent with the provisions 

and objectives of this Act; and a designation will be cancelled upon 

request by the official agency with ninety days written notice to the 

Secretary. A fee as prescribed by regulations of the Secretary shall 

be paid by the official agency to the Secretary for each such amendVerDate Sep 11 2014 02:22 Jun 01, 2015 Jkt 049006 PO 00000 Frm 00020 Fmt 6659 Sfmt 6602 E:\HR\OC\HR133.XXX HR133

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ment, to cover the costs incurred by the Secretary in connection 

therewith, and it shall be deposited in the fund created in subsection (j) of this section. 

(3) The Secretary may revoke a designation of an official agency 

whenever, after opportunity for hearing is afforded the agency, the 

Secretary determines that the agency has failed to meet one or 

more of the criteria specified in subsection (f) of this section or the 

regulations under this Act for the performance of official functions, 

or otherwise has not complied with any provision of this Act or any 

regulation prescribed or instruction issued to such agency under 

this Act, or has been convicted of any violation of other Federal law 

involving the handling or official inspection of grain: Provided, 

That the Secretary may, without first affording the official agency 

an opportunity for a hearing, suspend any designation pending 

final determination of the proceeding whenever the Secretary has 

reason to believe there is cause for revocation of the designation 

and considers such action to be in the best interest of the official 

inspection system under this Act. The Secretary shall afford any 

such agency an opportunity for a hearing within thirty days after 

temporarily suspending such designation. 

(h) If the Secretary determines that official inspection by an official agency designated under subsection (f) of this section is not 

available on a regular basis at any location (other than at an export port location) where the Secretary determines such inspection 

is needed to effectuate the objectives stated in section 2 of this Act, 

and that no official agency within reasonable proximity to such location is willing to provide or has or can acquire adequate personnel and facilities for providing such service on an interim basis, 

official inspection shall be provided by authorized employees of the 

Secretary, and other persons licensed by the Secretary to perform 

official inspection functions, as provided in section 8 of this Act, 

until such time as the service can be provided on a regular basis 

by an official agency. 

(i) The Secretary is authorized to cause official inspection under 

this Act to be made, as provided in subsection (a) of section 5 of 

this Act, in Canadian ports of United States export grain transshipped through Canadian ports, and pursuant thereto the Secretary is authorized to enter into an agreement with the Canadian 

Government for such inspection. All or specified functions of such 

inspection shall be performed by official inspection personnel employed by the Secretary or, except for appeals, by persons operating 

under a contract with the Secretary or as otherwise provided by 

agreement with the Canadian Government. 

(j)(1) (A) The Secretary shall, under such regulations as the Secretary may prescribe, charge and collect reasonable inspection fees 

to cover the estimated cost to the Secretary incident to the performance of official inspection except when the official inspection is 

performed by a designated official agency or by a State under a delegation of authority. The fees authorized by this subsection shall, 

as nearly as practicable and after taking into consideration any 

proceeds from the sale of samples, cover the costs of the Secretary 

incident to its performance of official inspection services in the 

United States and on United States grain in Canadian ports, including administrative and supervisory costs related to such official 

inspection of grain. Such fees, and the proceeds from the sale of 


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22 

samples obtained for purposes of official inspection which become 

the property of the United States, shall be deposited into a fund 

which shall be available without fiscal year limitation for the expenses of the Secretary incident to providing services under this 

Act. 

(B) For official inspections and weighing at an export elevator at 

an export port location performed by the Secretary, performed by a 

State agency delegated the authority to perform official inspection 

services at the export elevator on behalf of the Secretary, or performed by a State agency utilized as authorized by subsection 

(e)(6)(A), the portion of the fees based upon export tonnage shall be 

based upon a rolling five-year average of export tonnage volumes. In 

order to maintain an operating reserve of between three to six 

months, the Secretary shall adjust such fees at least annually. 

(2) Each designated official agency and each State agency to 

which authority has been delegated under subsection (e) of this section shall pay to the Secretary fees in such amount as the Secretary determines fair and reasonable and as will cover the estimated costs incurred by the Secretary relating to supervision of official agency personnel and supervision by the Secretary of the Secretary’s field office personnel, except costs incurred under paragraph (3) of subsection (g) of this section and sections 9, 10, and 

14 of this Act. The fees shall be payable after the services are performed at such times as specified by the Secretary and shall be deposited in the fund created in paragraph (1) of this subsection. 

Failure to pay the fee within thirty days after it is due shall result 

in automatic termination of the delegation or designation, which 

shall be reinstated upon payment, within such period as specified 

by the Secretary, of the fee currently due plus interest and any further expenses incurred by the Secretary because of such termination. The interest rate on overdue fees shall be as prescribed by 

the Secretary, but not less than the current average market yield 

on outstanding marketable obligations of the United States of comparable maturity, plus an additional charge of not to exceed 1 per 

centum per annum as determined by the Secretary and adjusted to 

the nearest one-eighth of 1 per centum. 

(3) Any sums collected or received by the Secretary under this 

Act and deposited to the fund created in paragraph (1) of this subsection and any late payment penalties collected by the Secretary 

and credited to such fund may be invested by the Secretary in insured or fully collateralized, interest-bearing accounts or, at the 

discretion of the Secretary, by the Secretary of the Treasury in 

United States Government debt instruments. The interest earned 

on such sums and any late payment penalties collected by the Secretary shall be credited to the fund and shall be available without 

fiscal year limitation for the expenses of the Secretary incident to 

providing services under this Act. 

(4) The duties imposed by paragraph (2) on designated official 

agencies and State agencies described in such paragraph and the 

investment authority provided by paragraph (3) shall expire on 

øSeptember 30, 2015¿ September 30, 2020. After that date, the fees 

established by the Secretary pursuant to paragraph (1) shall not 

cover administrative and supervisory costs related to the official inspection of grain. 


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23 

WEIGHING AUTHORITY

SEC. 7A. (a) The Secretary shall cause official weighing under 

standards or procedures provided for in section 4 of this Act to be 

made of all grain required to be officially weighed as provided in 

section 5 of this Act, in accordance with such regulations as the 

Secretary may prescribe. 

(b) The Secretary is authorized to cause official weighing or supervision of weighing under standards or procedures provided in 

section 4 of this Act to be performed at any grain elevator, warehouse, or other storage or handling facility located other than at 

export elevators at export port locations at which official inspection 

is provided pursuant to the provisions of this Act, in such manner 

as the Secretary deems appropriate and under such regulations as 

the Secretary may provide. 

(c)(1) With respect to official weighing or supervision of weighing 

for locations at which official inspection is provided by the Secretary, the Secretary shall cause such official weighing or supervision of weighing to be performed by official inspection personnel 

employed by the Secretary. 

(2) With respect to official weighing or supervision of weighing 

for any location at which official inspection is provided other than 

by the Secretary, the Secretary is authorized, øwith respect to export port locations¿ with respect to an export elevator at an export 

port location, to delegate authority to perform official weighing or 

supervision of weighing to the State agency providing official inspection service at such location, and with respect to any other location, to designate the agency or person providing official inspection service at such location to perform official weighing or supervision of weighing, if such agency or person qualifies for a delegation of authority or designation under section 7 of this Act, except 

that where the term ‘‘official inspection’’ is used in such section it 

shall be deemed to refer to ‘‘official weighing’’ or ‘‘supervision of 

weighing’’ under this section. If such agency or person is not available to perform such weighing services, or the Secretary determines that such agency or person is not qualified to perform such 

weighing services, then (A) at export port locations official weighing or supervision of weighing shall be performed by official inspection personnel employed by the Secretary, and (B) at any other location, the Secretary is authorized to cause official weighing or supervision of weighing to be performed by official inspection personnel employed by the Secretary or designate any State or local 

governmental agency, or any person to perform official weighing or 

supervision of weighing, if such agency, or person meets the same 

criteria that agencies must meet to be designated to perform official inspection as set out in section 7 of this Act, except that where 

the term ‘‘official inspection’’ is used in such section it shall be 

deemed to refer to ‘‘official weighing’’ or ‘‘supervision of weighing’’ 

under this section. Delegations and designations made pursuant to 

this subsection shall be subject to the same provisions for delegations and designations set forth in øsubsection (g) of section 7¿ subsection (e) and (g) of section 7 of this Act. 

(d) The Secretary is authorized to cause official weighing under 

this Act to be made, as provided in subsection (a) of section 5 of 

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shipped through Canada; and pursuant thereto the Secretary is authorized to enter into an agreement with the Canadian Government for such official weighing. All or specified functions of such 

weighing shall be performed by official inspection personnel employed by the Secretary or, except for appeals, by persons operating 

under a contract with the Secretary or as otherwise provided by 

agreement with the Canadian Government. 

(e) The Secretary is further authorized to cause official weighing 

or supervision of weighing under standards or procedures provided 

for in section 4 of this Act to be made at grain elevators, warehouses, or other storage or handling facilities not subject to subsection (a) or (b) of this section, upon request of the operator of 

such grain elevator, warehouse, or other storage or handling facility and in accordance with such regulations as the Secretary may 

prescribe. 

(f) No official weighing or supervision of weighing shall be provided for the purposes of this act at any grain elevator, warehouse, 

or other storage or handling facility until such time as the operator 

of the facility has demonstrated to the satisfaction of the Secretary 

that the operator (1) has and will maintain, in good order, suitable 

grain-handling equipment and accurate scales for all weighing of 

grain at the facility, in accordance with the regulations of the Secretary; (2) will permit only competent persons with a reputation for 

honesty and integrity and who are approved by the Secretary to operate the scales and to handle grain in connection with weighing 

of the grain, in accordance with this Act; (3) when weighing is to 

be done by persons other than official inspection personnel, will require such persons to operate the scales in accordance with the regulations of the Secretary and to require that each lot of grain for 

delivery from any railroad car, truck, barge, vessel, or other means 

of conveyance at the facility is entirely removed from such means 

of conveyance and delivered to the scales without avoidable waste 

or loss, and each lot of grain weighed at the elevator for shipment 

from the facility is entirely delivered to the means of conveyance 

for which intended, and without avoidable waste or loss, in accordance with the regulations of the Secretary; (4) will provide all assistance needed by the Secretary for making any inspection or examination and carrying out other functions at the facility pursuant 

to this Act; and (5) will comply with all other requirements of this 

Act and the regulations hereunder. 

(g) Official certificates setting out the results of official weighing 

or supervision of weighing, issued and not cancelled under this Act, 

shall be received by all officers and all courts of the United States 

as prima facie evidence of the truth of the facts stated herein. 

(h) No State or local governmental agency or person shall weigh 

or state in any document the weight of grain determined at a location where official weighing is required to be performed as provided 

for in this section except in accordance with the procedures prescribed pursuant to this section. 

(i) UNAUTHORIZED WEIGHING PROHIBITED.— (1) IN GENERAL.—No State or local governmental agency or 

person other than an authorized employee of the Secretary 

shall perform official weighing or supervision of weighing for 

the purposes of this Act except in accordance with the provisions of an unsuspended and unrevoked delegation of authority 


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or designation by the Secretary as provided in this section or 

as otherwise provided in section 7(i) and subsection (d). 

(2) GEOGRAPHIC BOUNDARIES FOR OFFICIAL AGENCIES.—Not 

more than one designated official agency referred to in paragraph (1) or State agency delegated authority pursuant to subsection (c)(2) to carry out the weighing provisions of this Act 

shall be operative at the same time in any geographic area defined by the Secretary, except that, if the Secretary determines 

that the presence of more than one designated official agency 

in the same geographic area will not undermine the policy stated in section 2, øthe Secretary may—¿ the Secretary shall 

allow a designated official agency to cross boundary lines to 

carry out weighing in another geographic area if— 

ø(A) allow more than one designated official agency to 

carry out the weighing provisions within the same geographical area as part of a pilot program; and 

ø(B) allow a designated official agency to cross boundary 

lines to carry out the weighing provisions in another geographic area if the Secretary also determines that— 

ø(i) the current designated official agency for that 

geographic area is unable to provide the weighing 

services in a timely manner; or 

ø(ii) a person requesting weighing services in that 

geographic area has not been receiving official weighing services from the current designated official agency for that geographic area.¿ 

(A) the current designated official agency for that geographic area is unable to provide weighing services in a 

timely manner; or 

(B) the current official agency for that geographic area 

agrees in writing with the adjacent official agency to waive 

the current geographic area restriction at the request of the 

applicant for service. 

(j) The provisions of this section shall not limit any authority 

vested in the Secretary under the United States Warehouse Act (39 

Stat. 486, as amended; 7 U.S.C. 241 et seq.). 

(k) The representatives of the Secretary shall be afforded access 

to any elevator, warehouse, or other storage or handling facility 

from which grain is delivered for shipment in interstate or foreign 

commerce or to which grain is delivered from shipment in interstate or foreign commerce and all facilities therein for weighing 

grain. 

(l)(1) The Secretary shall, under such regulations as the Secretary may prescribe, charge and collect reasonable fees to cover 

the estimated costs to the Secretary incident to the performance of 

the functions provided for under this section except as otherwise 

provided in paragraph (2) of this subsection. The fees authorized by 

this paragraph shall, as nearly as practicable, cover the costs of the 

Secretary incident to performance of its functions related to weighing, including administrative and supervisory costs directly related 

thereto. Such fees shall be deposited into the fund created in section 7(j) of this Act. 

(2) Each agency to which authority has been delegated under this 

section and each agency or other person which has been designated 

to perform functions related to weighing under this section shall 


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26 

pay to the Secretary fees in such amount as the Secretary determines fair and reasonable and as will cover the costs incurred by 

the Secretary relating to supervision of the agency personnel and 

supervision by the Secretary of the Secretary’s field office personnel 

incurred as a result of the functions performed by such agencies, 

except costs incurred under sections 7(g)(3), 9, 10, and 14 of this 

Act. The fees shall be payable after the services are performed at 

such times as specified by the Secretary and shall be deposited in 

the fund created in section 7(j) of this Act. Failure to pay the fee 

within thirty days after it is due shall result in automatic termination of the delegation or designation, which shall be reinstated 

upon payment, within such period as specified by the Secretary, of 

the fee currently due plus interest and any further expenses incurred by the Secretary because of such termination. The interest 

rate on overdue fees shall be as prescribed by the Secretary, but 

not less than the current average market yield on outstanding marketable obligations of the United States of comparable maturity, 

plus an additional charge of not to exceed 1 per centum per annum 

as determined by the Secretary, and adjusted to the nearest oneeighth of 1 per centum. 

(3) The authority provided to the Secretary by paragraph (1) and 

the duties imposed by paragraph (2) on agencies and other persons 

described in such paragraph shall expire on øSeptember 30, 2015¿ 

September 30, 2020. After that date, the Secretary shall, under 

such regulations as the Secretary may prescribe, charge and collect 

reasonable fees to cover the estimated costs of official weighing and 

supervision of weighing except when the official weighing or supervision of weighing is performed by a designated official agency or 

by a State under a delegation of authority. The fees authorized by 

this paragraph shall, as nearly as practicable, cover the costs of the 

Secretary incident to its performance of official weighing and supervision of weighing services in the United States and on United 

States grain in Canadian ports, excluding administrative and supervisory costs. The fees authorized by this paragraph shall be deposited into a fund which shall be available without fiscal year limitation for the expenses of the Secretary incident to providing services under this Act. 

* * * * * * * 

LIMITATION AND ADMINISTRATIVE AND SUPERVISORY COSTS

SEC. 7D. The total administrative and supervisory costs which 

may be incurred under this Act for services performed (excluding 

standardization, compliance, and foreign monitoring activities) for 

each of the fiscal years 1989 through ø2015¿ 2020 shall not exceed 

30 per centum of the total costs for such activities carried out by 

the Secretary for such year. 

LICENSES AND AUTHORIZATIONS

SEC. 8. (a) 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 7 or 7A of this 

Act, to perform all or specified functions involved in original inspecVerDate Sep 11 2014 02:22 Jun 01, 2015 Jkt 049006 PO 00000 Frm 00026 Fmt 6659 Sfmt 6602 E:\HR\OC\HR133.XXX HR133

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tion or reinspection functions involved in official inspection, or in 

the official weighing or the supervision of weighing, other than appeal weighing, or 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 Act; (3) to contract with any person or government 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 Act. Except as otherwise provided in sections 7(i) and 7A(d), 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 Secretary under this Act. 

(b) All classes of licenses issued under this Act shall terminate 

øtriennially¿ every five years 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 Act or to operate under the terms of a contract for the conduct of any functions under this 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 Secretary may require such examinations and reexaminations as the Secretary may deem warranted to determine the competence of 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 Act 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 

of the United States Code, 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 of the United 

States Code. 

(d) 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 

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forming 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 Act 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 of the United States Code, 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 of the United States Code. 

(e) The Secretary 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 ø(on the date of enactment of the United States 

Grain Standards Act of 1976)¿ to perform functions of official inspection under øthe United States Grain Standards Act¿ this Act 

and as personnel to perform supervisory weighing or official weighing functions any individual whoø, on the date of enactment of the 

United States Grain Standards Act of 1976, was performing¿ performs 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 of the United States Code. 

(f) 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 

Act. 

(g) 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 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 enactment of the United States Grain Standards Act of 

1978 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 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. 

* * * * * * * 

GENERAL AUTHORITIES

SEC. 16. (a) The Secretary is authorized to conduct such investigations; hold such hearings; require such reports from any official 

agency, any State agency delegated authority under this Act, liVerDate Sep 11 2014 02:22 Jun 01, 2015 Jkt 049006 PO 00000 Frm 00028 Fmt 6659 Sfmt 6602 E:\HR\OC\HR133.XXX HR133

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cense, or other person; and prescribe such rules, regulations, and 

instructions, as the Secretary 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 Secretary 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 Secretary. 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 Secretary may adopt to effectuate the objectives of this Act, if the relevant facts are determinable by such tests. Proceedings under section 9 of this Act for 

refusal to renew, or for suspension or revocation of, a license shall 

not, unless requested by the respondent, be subject to the administrative procedure provisions in sections 554, 556, and 557 of title 

5 of the United States Code. 

(b) The Secretary is authorized to investigate reports or complaints of discrepancies and abuses in the official inspection and 

weighing of grain under this Act. The Secretary shall prescribe by 

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 this Act is concerned; and (2) taking appropriate 

action on the basis of the findings of any investigation of such complaints. 

(c) The Secretary 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 grain 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) øThe 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)¿ 

The Office of Inspector General 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 Secretary is authorized to conduct, in cooperation with 

other agencies within the Department of Agriculture, a continuing 


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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 Secretary shall, notwithstanding any other 

provision of law, provide adequate personnel to meet the inspection 

and weighing requirements of this Act. 

(g) TESTING OF CERTAIN WEIGHING EQUIPMENT.—(1) Subject to 

paragraph (2), the Secretary 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 Secretary 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 Secretary may provide for the testing of grain 

inspection instruments used for commercial inspection. The testing 

shall be performed— 

(A) in accordance with such regulations as the Secretary 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 Secretary may provide, the Secretary may perform such other services as the Secretary considers to be appropriate. 

(2) In addition to the fees authorized by sections 7, 7A, 7B, 17A, 

and this section, the Secretary 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 Secretary 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. 

* * * * * * * 

APPROPRIATIONS

SEC. 19. There are hereby authorized to be appropriated such 

sums as are necessary for standardization and compliance activities, monitoring in foreign ports grain officially inspected and 


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weighed under this Act, and any other expenses necessary to carry 

out the provisions of this Act for each of the fiscal years 1988 

through ø2015¿ 2020, to the extent that financing is not obtained 

from fees and sales of samples as provided for in sections 7, 7A, 

7B, 16, and 17A. 

ADVISORY COMMITTEE

SEC. 21. (a) Not later than ninety days after the date of enactment of this section, the Secretary shall establish an advisory committee to provide advice to the Secretary with respect to implementation of this Act consistent with the declarations of policy in section 2 of this Act. The advisory committee shall consist of fifteen 

members, appointed by the Secretary, who represent the interests 

of all segments of the grain producing, processing, storing, merchandising, consuming, and exporting industries, including grain 

inspection and weighing agencies and scientists with expertise in 

research related to the policies established in section 2 of this Act. 

Members of the advisory committee shall be appointed to threeyear terms, except that of the initial fifteen members of the advisory committee first appointed following the enactment of this section, five shall be appointed for terms of one year and five shall be 

appointed for terms of two years. No member of the advisory committee may serve successive terms. 

(b) The advisory committee shall be governed by the provisions 

of the Federal Advisory Committee Act (5 U.S.C. App. 2). 

(c) The Secretary 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 

Act, be allowed travel expenses, including per diem in lieu of subsistence, as authorized under section 5703 of title 5, United States 

Code. 

(e) The authority provided to the Secretary for the establishment 

and maintenance of an advisory committee under this section shall 

expire on øSeptember 30, 2015¿ September 30, 2020. 

* * * * * * * 

Æ 


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