I 

109TH CONGRESS 

1ST SESSION H. R. 3421 

To reauthorize the United States Grain Standards Act, to facilitate the 

official inspection at export port locations of grain required or authorized 

to be inspected under such Act, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 25, 2005 

Mr. MORAN of Kansas introduced the following bill; which was referred to the 

Committee on Agriculture 

A BILL 

To reauthorize the United States Grain Standards Act, to 

facilitate the official inspection at export port locations 

of grain required or authorized to be inspected under 

such Act, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. REAUTHORIZATION OF UNITED STATES GRAIN 

4 STANDARDS ACT. 

5 (a) INSPECTION AND SUPERVISORY FEES.—Section 

6 7(j)(4) of the United States Grain Standards Act (7 

7 U.S.C. 79(j)(4)) is amended by striking ‘‘September 30, 

8 2005’’ and inserting ‘‘September 30, 2010’’. 
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1 (b) WEIGHING AND SUPERVISORY FEES.—Section 

2 7A(l)(3) of such Act (7 U.S.C. 79a(l)(3)) is amended by 

3 striking ‘‘September 30, 2005’’ and inserting ‘‘September 

4 30, 2010’’. 

5 (c) LIMITATION ON ADMINISTRATIVE AND SUPER6 VISORY COSTS.—Section 7D of such Act (7 U.S.C. 79d) 

7 is amended by striking ‘‘2005’’ and inserting ‘‘2010’’. 

8 (d) AUTHORIZATION OF APPROPRIATIONS.—Section 

9 19 of such Act (7 U.S.C. 87h) is amended by striking 

10 ‘‘2005’’ and inserting ‘‘2010’’. 

11 (e) ADVISORY COMMITTEE.—Section 21(e) of such 

12 Act (7 U.S.C. 87j) is amended by striking ‘‘September 30, 

13 2005’’ and inserting ‘‘September 30, 2010’’. 

14 (f) EFFECTIVE DATE.—The amendments made by 

15 this section shall take effect as of September 30, 2005. 

16 SEC. 2. PERFORMANCE OF OFFICIAL INSPECTION AND 

17 WEIGHING ACTIVITIES AT EXPORT PORT LO18 CATIONS OF GRAIN UNDER UNITED STATES 

19 GRAIN STANDARDS ACT. 

20 (a) OFFICIAL INSPECTION AUTHORITY AND FUND21 ING.—Section 7 of the United States Grain Standards Act 

22 (7 U.S.C. 79) is amended— 

23 (1) in subsection (e)— 
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1 (A) by striking ‘‘(e)(1) Except as otherwise 

2 provided in paragraph (2) of this subsection’’ 

3 and inserting the following: 

4 ‘‘(e) OFFICIAL INSPECTION AT EXPORT PORT LOCA5 TIONS; USE OF STATE AGENCIES AND PRIVATE ENTI6 TIES.— 

7 ‘‘(1) IN GENERAL.—Except as otherwise pro8 vided in paragraphs (2) and (3)’’; and 

9 (B) by striking paragraph (3) and insert10 ing the following: 

11 ‘‘(3) USE OF PRIVATE ENTITIES.— 

12 ‘‘(A) IN GENERAL.—If the Secretary deter13 mines that a person or private entity is quali14 fied to perform official inspection and meets the 

15 criteria of subsection (f)(1)(A), the Secretary 

16 may use the person or private entity to perform 

17 all or specified functions involved in official in18 spection (other than appeal inspection and such 

19 other functions as may be specified in the regu20 lations prescribed under subparagraph (B)) at 

21 export port locations. 

22 ‘‘(B) REQUIREMENTS.— 

23 ‘‘(i) REGULATIONS.—A person or pri24 vate entity described in subparagraph (A) 

25 shall be subject to such rules, regulations, 
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1 instructions, and oversight as the Sec2 retary may prescribe. 

3 ‘‘(ii) RESPONSIBILITY OF SEC4 RETARY.—Notwithstanding the use of per5 sons or private entities to perform specified 

6 functions involved in official inspections at 

7 export port locations, official inspection 

8 shall continue to be the direct responsi9 bility of the Secretary. 

10 ‘‘(C) TERMINATION.—The use of a person 

11 or private entity to perform official inspections 

12 at an export port location under subparagraph 

13 (A)— 

14 ‘‘(i) shall terminate at the such time 

15 as specified by the Secretary, but not later 

16 than the date that is three years after the 

17 date of the initial performance of official 

18 inspections by the person or private entity 

19 at the export port location; and 

20 ‘‘(ii) may be terminated by the Sec21 retary, at the discretion of the Secretary, 

22 at any time after notice to the person or 

23 private entity without opportunity for a 

24 hearing. 
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1 ‘‘(D) RENEWAL.—The use of a person or 

2 private entity to perform official inspections at 

3 an export port location under subparagraph (A) 

4 may be renewed in accordance with the regula5 tions prescribed under subparagraph (B). 

6 ‘‘(E) REPORTING REQUIREMENT.—Not 

7 later than February 15 of each even-numbered 

8 year, the Secretary shall submit to Congress a 

9 report detailing the Secretary’s use of the au10 thority provided by subparagraph (A), during 

11 the preceding two-year period, to contract with 

12 persons or private entities to perform official in13 spections at export port locations. Each report 

14 shall identify each export port location at which 

15 the persons and private entities are used, the 

16 number of official inspection personnel utilized, 

17 and the types of official inspection and official 

18 weighing functions performed.’’; 

19 (2) in subsection (f)— 

20 (A) in paragraph (1)— 

21 (i) in the matter preceding subpara22 graph (A)— 

23 (I) by inserting ‘‘or private enti24 ty’’ after ‘‘or any person’’; and 
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1 (II) by striking ‘‘or person’’ and 

2 inserting ‘‘, person, or private entity’’; 

3 and 

4 (ii) in the matter preceding clause (i) 

5 of subparagraph (A), by striking ‘‘or per6 son’’ each place it appears and inserting ‘‘, 

7 person, or private entity’’; and 

8 (B) in paragraph (4), by striking ‘‘or per9 son’’ and inserting ‘‘, person, or private entity’’; 

10 and 

11 (3) in subsection (j)— 

12 (A) in the first sentence of paragraph (2), 

13 by inserting ‘‘and private entity’’ after ‘‘each 

14 State agency’’; and 

15 (B) in the first sentence of paragraph (4), 

16 by striking ‘‘and State agencies’’ and inserting 

17 ‘‘and delegated State agencies and private enti18 ties’’. 

19 (b) WEIGHING AUTHORITY.—Section 7A of the 

20 United States Grain Standards Act (7 U.S.C. 79a) is 

21 amended— 

22 (1) in subsection (c)(2)— 

23 (A) in the first sentence— 

24 (i) by inserting ‘‘or private entity’’ 

25 after ‘‘to the State agency’’; and 
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1 (ii) by striking ‘‘agency or person’’ 

2 each place it appears and inserting ‘‘agen3 cy, private entity, or person’’; and 

4 (B) in the second sentence— 

5 (i) by striking ‘‘agency or person’’ 

6 each place it appears and inserting ‘‘agen7 cy, private entity, or person’’; 

8 (ii) by inserting ‘‘or private entity’’ 

9 after ‘‘any person’’; and 

10 (iii) by striking ‘‘agency, or person’’ 

11 and inserting ‘‘agency, private entity, or 

12 person’’; 

13 (2) in subsection (h), by striking ‘‘agency or 

14 person’’ and inserting ‘‘agency, private entity, or 

15 person’’; 

16 (3) in subsection (i)— 

17 (A) in paragraph (1), by striking ‘‘agency 

18 or person’’ and inserting ‘‘agency, private enti19 ty, or person’’; and 

20 (B) in paragraph (2), by striking ‘‘or State 

21 agency’’ and inserting ‘‘, State agency, or pri22 vate entity’’; and 

23 (4) in subsection (l)— 

24 (A) in the first sentence of paragraph 

25 (2)— 
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1 (i) by striking ‘‘Each agency’’ and in2 serting ‘‘Each agency or private entity’’; 

3 (ii) by inserting ‘‘, private entity,’’ 

4 after ‘‘each agency’’; 

5 (iii) by inserting ‘‘or private entity’’ 

6 after ‘‘the agency’’; and 

7 (iv) by inserting ‘‘and private entities’’ 

8 after ‘‘such agencies’’; and 

9 (B) in paragraph (3)— 

10 (i) in the first sentence, by inserting 

11 ‘‘, private entities,’’ after ‘‘on agencies’’; 

12 and 

13 (ii) in the second sentence, by insert14 ing ‘‘or private entity’’ after ‘‘by a State’’. 

15 (c) LICENSES AND AUTHORIZATIONS.—Section 8(g) 

16 of the United States Grain Standards Act (7 U.S.C. 

17 84(g)) is amended— 

18 (1) by inserting ‘‘or private entities’’ after 

19 ‘‘State agencies’’; and 

20 (2) by inserting ‘‘or private entities’’ after ‘‘all 

21 persons’’. 

22 SEC. 3. INAPPLICABILITY OF GEOGRAPHIC BOUNDARIES 

23 FOR DESIGNATED OFFICIAL AGENCIES. 

24 (a) OFFICIAL INSPECTION.—Subsection (f) of section 

25 7 of such Act (7 U.S.C. 79) is amended— 
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1 (1) in paragraph (2), by striking ‘‘Not more 

2 than one official agency designated under paragraph 

3 (1) or State delegated authority under subsection 

4 (e)(2)’’ and inserting ‘‘Subject to paragraph (5), not 

5 more than one official agency designated under 

6 paragraph (1)’’; and 

7 (2) by adding at the end the following new 

8 paragraph: 

9 ‘‘(5) The geographic boundary limitations applicable 

10 to official agencies under paragraph (2) do not apply to 

11 export port locations, and the Secretary may use more 

12 than one person or private entity selected under subsection 

13 (e)(3) to perform official inspections at an export port lo14 cation.’’. 

15 (b) OFFICIAL WEIGHING.—Subsection (i) of section 

16 7A of such Act (7 U.S.C. 79a) is amended— 

17 (1) in paragraph (2), by striking ‘‘Not more 

18 than one designated official agency referred to in 

19 paragraph (1) or State agency delegated authority 

20 pursuant to subsection (c)(2)’’ and inserting ‘‘Sub21 ject to paragraph (3), not more than one designated 

22 official agency referred to in paragraph (1)’’; and 

23 (2) by adding at the end the following new 

24 paragraph: 
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1 ‘‘(3) INAPPLICABILITY OF GEOGRAPHIC BOUND2 ARIES TO EXPORT PORT LOCATIONS.—The geo3 graphic boundary limitations applicable to des4 ignated official agencies under paragraph (2) do not 

5 apply to export port locations, and the Secretary 

6 may assign more than one designated person or pri7 vate entity to perform official weighing at an export 

8 port location.’’. 

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