U.S. GOVERNMENT PUBLISHING OFFICE

WASHINGTON : 

1 

59–010 

" ! SENATE 

114TH CONGRESS

2d Session 

REPORT

2016

114–206 

AGRICULTURE REAUTHORIZATIONS ACT OF 

2015 

R E P O R T 

OF THE

COMMITTEE ON AGRICULTURE, NUTRITION, 

AND FORESTRY 

ON

H.R. 2051 

FEBRUARY 8, 2016.—Ordered to be printed 


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(II) 

SENATE COMMITTEE ON AGRICULTURE, NUTRITION, AND FORESTRY 

ONE HUNDRED FOURTEENTH CONGRESS 

SECOND SESSION 

PAT ROBERTS, Kansas, Chairman 

THAD COCHRAN, Mississippi 

MITCH MCCONNELL, Kentucky 

JOHN BOOZMAN, Arkansas 

JOHN HOEVEN, North Dakota 

DAVID PERDUE, Georgia 

JONI ERNST, Iowa 

THOM TILLIS, North Carolina 

BEN SASSE, Nebraska 

CHUCK GRASSLEY, Iowa 

JOHN THUNE, South Dakota 

DEBBIE STABENOW, Michigan 

PATRICK J. LEAHY, Vermont 

SHERROD BROWN, Ohio 

AMY KLOBUCHAR, Minnesota 

MICHAEL BENNET, Colorado 

KIRSTEN GILLIBRAND, New York 

JOE DONNELLY, Indiana 

HEIDI HEITKAMP, North Dakota 

ROBERT P. CASEY, JR., Pennsylvania 


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114TH CONGRESS REPORT " ! SENATE 2d Session 114–206 

AGRICULTURE REAUTHORIZATIONS ACT OF 2015 

FEBRUARY 8, 2016.—Ordered to be printed 

Mr. ROBERTS, from the Committee on Agriculture, Nutrition, and 

Forestry, submitted the following 

R E P O R T 

[To accompany H.R. 2051] 

The Committee on Agriculture, Nutrition, and Forestry, to which 

was referred the bill (H.R. 2051) to amend the Agricultural Marketing Act of 1946 to extend the livestock mandatory price reporting requirements, and for other purposes, having considered the 

same, reports favorably thereon with an amendment (in the nature 

of a substitute) and recommends that the bill (as amended) do 

pass. 

PURPOSE OF THE BILL

The purpose of this legislation is to reauthorize expiring authority for livestock mandatory price reporting, the National Forest 

Foundation, and federal grain inspection. The legislation also 

makes improvements to increase effectiveness, certainty, and 

transparency in the livestock mandatory price reporting and federal grain inspection programs for U.S. farmers and other market 

participants. 

The reported bill provides authority for the National Forest 

Foundation through fiscal year 2018 and authority for the livestock 

mandatory price reporting and federal grain inspection programs 

through fiscal year 2020. 

BACKGROUND AND NEEDS

TITLE I—MANDATORY PRICE REPORTING

Under the authority of the Livestock Mandatory Reporting Act of 

1999 (P.L. 106–78) and the Agricultural Marketing Act of 1946 

(AMA), meat packers are required to report the prices they pay for 

cattle, swine, and lambs to the United States Department of Agriculture (USDA) as well as the prices they receive for the sale of 


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wholesale beef, pork, and lamb. In addition, USDA is required to 

issue daily, weekly and monthly reports that detail the various 

transactions occurring in livestock and meat markets. This information provides producers and market participants a more transparent view of marketplace conditions, allowing them to make informed business decisions. 

The current authorization for livestock mandatory price reporting 

expires on September 30, 2015. The reported bill reauthorizes the 

program through September 30, 2020. 

The bill also makes technical improvements to swine and lamb 

reporting including: creating a negotiated formula purchase price 

category for swine reporting to be composed of trades currently categorized in the swine or pork market formula purchase category, 

shifting late in the day swine transactions to the reports issued the 

following morning, and creating definitions for lamb importer and 

lamb packer. These changes will facilitate capturing additional 

trades that are occurring between swine and lamb producers and 

packers, and lamb imports coming in the U.S. market, which will 

provide a more descriptive landscape of the market for swine and 

lambs. 

Lastly, the legislation directs the Secretary to conduct a study on 

the workability of livestock mandatory price reporting in advance 

of the next reauthorization. In conducting the study, the Secretary 

is directed to enter into conversations with organizations representing beef, lamb and pork producers, packers, and other market participants. This dialogue will serve to identify potential legislative and regulatory improvements that can be made to the program. 

TITLE II—NATIONAL FOREST FOUNDATION ACT REAUTHORIZATION

The National Forest Foundation, originally chartered by Congress in 1992, serves as a non-profit partner of the U.S. Forest 

Service to leverage public and private funding to restore and enhance the Nation’s federal forests and grasslands. The National 

Forest Foundation has been funded through the annual appropriations process despite its authority expiring in 1997. The reported 

bill extends the National Forest Foundation authority through fiscal year 2018 with discretionary funding at $3 million per year, 

which is consistent with recent annual appropriations funding levels. Authority for the National Forest Foundation will expire at the 

end of fiscal year 2018, making its duration consistent with the authorization periods for most forestry programs in the Farm Bill. 

TITLE III—UNITED STATES GRAIN STANDARDS ACT

REAUTHORIZATION

The Secretary, acting through the Federal Grain Inspection Service, is responsible for establishing official marketing standards for 

U.S. grains and oilseeds and managing inspection. In 2014, mandatory federal inspection lapsed at an export grain facility in Vancouver, Washington and trade was disrupted for 36 days. The reported bill reauthorizes various provisions in the United States 

Grain Standards Act (USGSA) relating to federal grain inspection 

through fiscal year 2020. The statute was last reauthorized in 2005 

with authorities set to expire on September 30, 2015. In addition 


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to reauthorization, the bill also improves predictability and transparency for U.S. commodity producers, exporters, and trading partners with adding increased reporting and certification requirements. 

SUMMARY OF PROVISIONS

TITLE I—MANDATORY PRICE REPORTING

The legislation reauthorizes livestock mandatory price reporting 

for five years, through September 30, 2020. The bill also makes 

several technical improvements to livestock mandatory price reporting for swine and lamb. 

With respect to swine, the legislation amends Section 231 of the 

AMA to create a new ‘‘negotiated formula purchase’’ price category. 

A ‘‘negotiated formula purchase’’ is defined as: ‘‘a swine or pork 

market formula purchase under which (A) the formula is determined by negotiation on a lot-by-lot basis; and (B) the swine are 

scheduled for delivery to the packer not later than 14 days after 

the date on which the formula is negotiated and swine are committed to the packer’’. The bill also amends Section 232 of the AMA 

to require that ‘‘late in the day reporting’’ be included in the next 

morning’s reports. 

For lamb, the legislation directs the Secretary to revise USDA 

regulations regarding the terms ‘‘packer’’ and ‘‘importer.’’ The bill 

defines the term ‘‘packer’’ to apply to ‘‘any entity with 50 percent 

or more ownership in a facility’’ and to include a ‘‘federally-inspected plant which slaughtered or processed the equivalent of an 

average of 35,000 head of lambs per year during the immediately 

preceding 5 calendar years.’’ The term may also include any other 

processing plant that doesn’t meet that requirement if the Secretary determines the plant should be considered a packer after 

considering its capacity. The reported bill also defines the term 

‘‘importer’’ to include ‘‘only those importers that imported an average of 1,000 metric tons of lamb meat products per year.’’ 

Lastly, the bill requires the Secretary to conduct a study in conjunction with organizations representing producers, packers and 

other market participants on the livestock mandatory price reporting program. The study is to be submitted to Congress no later 

than March 1, 2018. 

TITLE II—NATIONAL FOREST FOUNDATION ACT REAUTHORIZATION

The reported bill extends the authority for the National Forest 

Foundation through fiscal year 2018 with a discretionary funding 

level of $3 million per year. 

TITLE III—UNITED STATES GRAIN STANDARDS ACT

REAUTHORIZATION

The reported bill reauthorizes various provisions of the USGSA 

through 2020. The bill also makes several important improvements 

to federal grain inspection and weighing in order to increase transparency and predictability in service. 

The legislation creates certainty by mandating the use of emergency waiver authority. The Managers intend for the Secretary to 

waive official weighing and inspection requirements both in cases 


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of emergency as well as other circumstances as long as the waiver 

does not impair the underlying objectives of the statute and the 

buyers and sellers agree and provide documentation of the agreement to the Secretary. This waiver requirement is intended to provide certainty to trading partners as well as U.S. suppliers. 

The reported bill removes outdated requirements to ensure that 

grain entering an export facility is treated in the same manner, regardless of the mode of transportation. 

The Managers recognize that the Secretary has a permanent 

statutory obligation to ensure that there is continuity of export inspection operations regardless if the services are performed by federal employees, a delegated agency, or some other means. To guarantee this responsibility is met, the bill establishes transparent disruption notification and reporting requirements. Specifically, it requires a delegated state to notify the Secretary 72 hours in advance 

of a temporary disruption of export inspection or weighing. The advance notification is to allow the Secretary time to maintain export 

inspection or weighing services. Upon notification, the bill requires 

the Secretary to immediately take actions to address the disruption 

and resume inspections or weighing. The Secretary is required to 

notify the Committee on Agriculture of the House of Representatives and Committee on Agriculture, Nutrition, and Forestry of the 

Senate within 24 hours of a disruption occurring. The Secretary 

must describe the disruption and identify any actions necessary so 

that inspections and weighing may resume. The Chair and Ranking Member have confirmed that the Secretary has broad authority 

to take action, including hiring security personnel or other third 

party services that are appropriate. Finally, the bill requires the 

Secretary to provide daily updates for the duration of any disruption. 

The reported bill creates a transparent certification process for 

existing delegated state agencies that carry out export inspection. 

It requires the Secretary to establish the certification process within one year pursuant to statutory criteria, including personnel, 

training, fee collection, and recordkeeping. In such process, the Secretary is required to provide for public comment and public notice 

of whether the certification has been granted and on what basis the 

decision was made. The Managers intend for the certification process to be implemented and the first reviews of delegated states 

complete in a timely manner prior to 2020. The bill requires recertification of each delegated state every five years. 

For designated agencies, the bill requires the Secretary to consult 

with customers of designated entities to ensure satisfaction with 

performance and address any service issues identified during this 

process. The bill also increases the duration of designation authority for domestic inspection and weighing services from three to five 

years. 

The bill removes the geographic boundary restriction for domestic inspection and weighing if both the applicant for service and the 

current officially designated agency for the geographic area are in 

agreement. 

The reported bill requires that inspection and weighing fees 

based on export tonnage be based on a more predictable, rolling 

five-year average of export tonnage volumes. It also requires the 


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Secretary to annually review and adjust fees in order to maintain 

a three to six month operating reserve. 

The bill reauthorizes the following provisions in the USGSA until 

September 30, 2020: authority for delegated and designated state 

agencies to collect fees, the cap on administrative and supervisory 

costs, authority for appropriations, and the authority for the Grain 

Inspection Advisory Committee. 

Outside of the USGSA, the reported bill requires the Secretary 

to issue a report within 180 days of date of enactment to both the 

authorizing and appropriations Committees about the 2014 disruption in Federal inspection of grain exports. The report must include: (1) specific factors which led to the disruption at the Port of 

Vancouver in the summer of 2014, (2) a description of the port facility, the security situation and available resources, as well as any 

other significant factors, and (3) any changes in policy that the Secretary has implemented to ensure that a similar disruption in inspection of grain exports does not occur at the Port of Vancouver 

or other locations in the future. 

The bill also requires the Secretary, in consultation with the Office of the U.S. Trade Representative, to issue a report to the Committee on Agriculture of the House of Representatives and Committee on Agriculture, Nutrition, and Forestry of the Senate that 

describes: (1) the policy barriers to U.S. grain producers in countries, including Canada, that do not offer official grading for U.S. 

grain or provide only the lowest designation for U.S. grain, including an analysis of their possible inconsistencies with trade obligations, and (2) any actions the Administration is taking to remedy 

such barriers and put U.S. producers on equal footing with their 

counterparts in countries imposing such barriers. 

LEGISLATIVE HISTORY

On June 9, 2015, H.R. 2051 was passed by the House of Representatives by voice vote on a motion to suspend the rules. The 

bill was referred to the Committee on Agriculture, Nutrition, and 

Forestry in the Senate. 

On September 17, 2015, the Committee held a business meeting 

to consider H.R. 2051. Chairman Roberts offered an amendment in 

the nature of a substitute which was adopted by unanimous consent. In addition to livestock mandatory price reporting, the 

amendment contained two additional bills (H.R. 2394 and H.R. 

2088) previously passed by the House of Representatives by voice 

vote on a motion to suspend the rules. The amendment text related 

to grain standards act reauthorization is substantially similar to S. 

1417, which was reported favorably by the Committee by voice vote 

on May 21, 2015. The Committee then ordered H.R. 2051, as 

amended, reported favorably by voice vote. 

ESTIMATED COSTS

In accordance with paragraph 11(a) of rule XXVI of the Standing 

Rules of the Senate and section 403 of the Congressional Budget 

Act of 1974, the Committee provides the following cost estimate, 

prepared by the Congressional Budget Office: 


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H.R. 2051—Agriculture Reauthorizations Act of 2015 

Summary: H.R. 2051 would amend and extend through 2020 the 

U.S. Department of Agriculture’s (USDA’s) authority to require certain meat packers to report on the supply, demand, and prices of 

certain livestock. The bill also would authorize the appropriation of 

matching funds for administrative and project expenses to the National Forest Foundation through 2018; that authorization expired 

on September 30, 1996. Finally, H.R. 2051 would authorize the appropriation of such sums as may be necessary for the Grain Inspection, Packers, and Stockyards Administration (GIPSA) to carry out 

activities under the United States Grain Standards Act and extend 

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

and weighing services. 

CBO estimates that implementing H.R. 2051 would cost $151 

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. Enacting the 

bill would not affect revenues. 

H.R. 2051 contains an intergovernmental mandate as defined in 

the Unfunded Mandates Reform Act (UMRA) because it would preempt state and local laws. CBO estimates the cost of complying 

with the mandate would be small and would fall well below the 

threshold established in UMRA for intergovernmental mandates 

($77 million in 2015, adjusted annually for inflation). 

H.R. 2051 would impose a private-sector mandate, as defined in 

UMRA, on grain exporters by extending GIPSA’s authority to collect fees. It also would impose a mandate on certain packers, processors, and importers of livestock by extending and amending mandatory reporting requirements related to cattle, swine, and lambs. 

Based on information from USDA and industry experts, CBO estimates that the aggregate cost of the mandates 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. 2051 is shown in the following table. The costs 

of this legislation fall within budget functions 300 (natural resources) and 350 (agriculture). 

By fiscal year, in millions of dollars 

2016 2017 2018 2019 2020 2016– 

2020 

CHANGES IN SPENDING SUBJECT TO APPROPRIATION 

Title I—Mandatory Price Reporting 

Estimated Authorization Level ......................................................... 8 7 7 7 7 36 

Estimated Outlays ........................................................................... 8 7 7 7 7 36 

Title II—National Forest Foundation 

Authorization Level .......................................................................... 3 3 3 0 0 9 

Estimated Outlays ........................................................................... 3 3 3 0 0 9 

Title III—Grain Inspection 

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

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

Total 

Estimated Authorization Level ................................................ 31 31 31 29 29 151 

Estimated Outlays .................................................................. 31 31 31 29 29 151 


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

2051 will be enacted by the end of calendar year 2015, and that 

the necessary amounts will be appropriated in each of the next five 

years. 

Title I—Mandatory Price Reporting 

The legislation would extend until September 30, 2020, the authority of the Secretary of Agriculture to require certain livestock 

packers, processors, and importers, to continue reporting prices and 

supply and demand information to the government on a daily and 

weekly basis. USDA’s Agricultural Marketing Service (AMS) processes and provides this information to the public. Based on information from AMS, CBO estimates that continuing to provide these 

reports to the public would cost $7 million a year. 

H.R. 2051 also would require the Secretary, in consultation with 

relevant producers and packers, to identify legislative or regulatory 

recommendations to improve the collection and dissemination of information under the livestock reporting program. Based on the cost 

of similar work, CBO estimates that this study would cost $1 million in 2016. 

In total, CBO estimates that implementing title I would cost $36 

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

necessary amounts. 

Title II—National Forest Foundation Act Reauthorization 

The act would authorize the appropriation of $3 million a year 

through 2018 to support the National Forest Foundation. The foundation is a nonprofit corporation established by federal law that 

awards grants to maintain recreational resources, such as trails, 

and to restore watersheds, wildlife habitats, and plant species 

within national forests and grasslands. The foundation also carries 

out activities to educate individuals about the National Forest System. 

Assuming appropriation of the authorized amounts, CBO estimates that implementing the legislation would cost $9 million over 

the 2016–2018 period. 

Title III—United States Grain Standards Act Reauthorization 

The legislation would reauthorize, through 2020, annual appropriations for GIPSA activities under the United States Grain 

Standards Act. Based on the current funding for the agency (in 

2015, GIPSA received an appropriation of $20 million), CBO estimates that continuing its activities would cost $106 million over 

the 2016–2020 period. That estimate is based on the assumption 

that the agency’s current funding level would be adjusted for anticipated inflation. 

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

fees for inspection and weighing services for grain destined for export. GIPSA establishes such fees to recover the costs of providing 

those services. CBO estimates that offsetting receipts from such 

fees and associated spending total about $45 million annually and 

that the provision would not have a significant net effect on direct 

spending in any year. 


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Pay-As-You-Go considerations: The Statutory Pay-As-You-Go Act 

of 2010 established budget-reporting and enforcement procedures 

for legislation affecting direct spending or revenues. CBO estimates 

that any net change in direct spending under H.R. 2051 would be 

insignificant over the 2015–2025 period. Enacting the bill would 

not affect revenues. 

Impact on state, local, and tribal governments: Under current 

law, the Department of Agriculture’s program for price reporting 

preempts state and local laws that are in addition to, or inconsistent with, any requirements of the program. Because H.R. 2051 

would reauthorize the program and thus extend the preemption 

that would otherwise expire on September 30, 2015, the bill would 

impose an intergovernmental mandate as defined in UMRA. While 

the preemption would limit the application of state and local laws, 

it would impose no duty that would result in significant additional 

spending. Consequently, CBO estimates that the costs would fall 

well below the threshold established in the UMRA for intergovernmental mandates ($77 million in 2015, adjusted annually for inflation). 

Estimated impact to the private sector: H.R. 2051 contains private-sector mandates as defined in UMRA, but CBO estimates that 

the aggregate cost of complying with the mandates would fall below 

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

act would impose a private-sector mandate on exporters of grain by 

extending GIPSA authority to collect fees for grain inspection and 

weighing services. Exporters are required to use those services. 

Based on information from GIPSA, CBO estimates that the fees 

paid by grain exporters would amount to $50 million to $60 million 

annually. The act also would impose mandates on certain packers, 

processors, and importers of livestock by extending and amending 

mandatory reporting requirements related to cattle, swine, and 

lambs. Based on information from USDA and industry experts, 

CBO estimates that the cost of those mandates would total about 

$1 million annually. 

Previous CBO estimates: On June 4, 2015, CBO transmitted a 

cost estimate for S. 1417, the United States Grain Standards Act 

Reauthorization Act of 2015, as ordered reported by the Senate 

Committee on Agriculture, Nutrition, and Forestry, on May 21, 

2015. On May 13, 2015, CBO transmitted a cost estimate for H.R. 

2088, the United States Grain Standards Act Reauthorization Act 

of 2015, as ordered reported by the House Committee on Agriculture on April 30, 2015. Title III of H.R. 2051, S. 1417, and H.R. 

2088, have similar provisions and CBO’s estimates of the budgetary effects are the same. 

On May 29, 2015, CBO transmitted a cost estimate for H.R. 

2394, the National Forest Foundation Reauthorization Act of 2015, 

as ordered reported by the House Committee on Agriculture on 

May 20, 2015. Title II of H.R. 2051 and H.R. 2394 are similar, and 

CBO’s estimates of the budgetary effects are the same. 

On May 21, 2015, CBO transmitted a cost estimate for H.R. 

2051, the Mandatory Price Reporting Act of 2015, as reported by 

the House Committee on Agriculture on April 30, 2015. Title I of 

the House and Senate versions of H.R. 2051 are similar, and CBO’s 

estimates of the budgetary effects are the same. 


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Estimate prepared by: Federal Costs: Jim Langley and Jeff 

LaFave; Impact on State, Local, and Tribal Governments: J’nell 

Blanco Suchy; Impact on the Private Sector: Amy Petz. 

Estimate approved by: H. Samuel Papenfuss, Deputy Assistant 

Director for Budget Analysis. 

REGULATORY IMPACT STATEMENT

In compliance with subsection (b)(2) of paragraph 11 of rule 

XXVI of the Standing Rules of the Senate, it is necessary to dispense with the requirements of paragraph (1) of that subsection in 

order to expedite the business of the Senate. The Committee does 

not expect that significant new regulatory burdens will result from 

the regulations issued pursuant to the reported bill. The regulations issued will prescribe and define implementation of the 

changes authorized in the reported bill. 

NUMBER OF PERSONS COVERED

H.R. 2051 would make improvements to increase effectiveness, 

certainty, and transparency in existing programs. Accordingly, the 

number of persons covered should be largely consistent with the 

current levels of individuals and businesses covered by the provisions of law addressed in the bill. To the extent there are new individuals or businesses covered, such expansion is generally supported by the persons or entities added. 

ECONOMIC IMPACT

The reported bill will not have an adverse economic impact on 

the United States. To the contrary, the legislation makes improvements to increase the effectiveness, certainty, and transparency in 

the livestock mandatory price reporting and federal grain inspection programs for U.S. farmers and other market participants. The 

legislation also supports restoration and enhancement of the Nation’s federal forest and grassland resources. By supporting quality 

jobs in the U.S. and economic activity in rural America, the bill will 

have a positive impact on the national economy. 

PRIVACY

The reported bill will not have a negative impact on the personal 

privacy of individuals. 

PAPERWORK

The Committee does not anticipate a major increase in paperwork burdens resulting from the reported bill. 

CONGRESSIONALLY DIRECTED SPENDING

In compliance with paragraph 4(b) of rule XLIV of the Standing 

Rules of the Senate, the Committee does not believe that the reported bill contains any congressionally directed spending. 


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SECTION-BY-SECTION ANALYSIS

Section 1. Short title 

Section 1 designates the short title for the legislation as the ‘‘Agriculture Reauthorizations Act of 2015.’’ 

Section 101. Extension of livestock mandatory reporting 

Section 101 amends Section 260 of the AMA and Section 942 of 

the Livestock Mandatory Reporting Act of 1999 to extend the authority for livestock mandatory price reporting through September 

30, 2020. 

Section 102. Swine reporting 

Section 102 makes several technical improvements for livestock 

mandatory price reporting for swine. First, subsection (a) amends 

Section 231 of the AMA to add a definition of ‘‘negotiated formula 

purchase.’’ Subsection (b) then amends Section 232 of the AMA to 

require that the Secretary publish information about hogs sold 

through negotiated purchases and negotiated formula purchases in 

USDA’s daily reports. Subsection (b) also requires that any information reported late in the day be included in the next morning’s 

reports. 

Section 103. Lamb reporting 

Section 103 requires the Secretary to update the regulations for 

livestock mandatory price reporting within 180 days of enactment 

to define the terms ‘‘packer’’ and ‘‘importer.’’ 

Section 104. Study on livestock mandatory reporting 

Section 104 requires the Secretary to conduct a study on livestock mandatory reporting in consultation with cattle, swine and 

lamb producers, packers, and other market participants. The study 

shall: (1) analyze current marketing practices in cattle, swine and 

lamb markets, (2) identify legislative or regulatory recommendations made by producers, packers and other market participants, 

(3) analyze the price and supply information reporting services at 

USDA, and (4) address any other issues that the Secretary considers appropriate. The Secretary is required to submit a report by 

March 1, 2018 to the Committee on Agriculture of the House of 

Representatives and the Committee on Agriculture, Nutrition, and 

Forestry of the Senate on the findings of the study. 

Section 201. National Forest Foundation Act reauthorization 

Section 201 amends the National Forest Foundation Act to extend the authority for matching funds and the authorization of appropriations through fiscal year 2018. Subsection (c) then makes 

certain technical changes to the Act. 

Section 301. Reauthorization of United States Grain Standards Act 

Section 301 reauthorizes various provisions of the USGSA 

through 2020 and makes several changes to federal inspection and 

weighing. 

Subsection (a) amends Section 5(a)(1) of the USGSA to require 

the Secretary to waive official weighing and inspection requirements both in cases of emergency as well as other circumstances 


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as long as the waiver does not impair the underlying objectives of 

the statute and the buyers and sellers agree and provide documentation of the agreement to the Secretary. 

Subsection (a) also amends Section 5(a)(2) to remove outdated requirements to ensure that grain going into an export facility is 

treated in the same manner, regardless of the mode of transportation. In addition, subsection (a) adds new language to Section 5 

of the USGSA that would establish disruption notification and reporting requirements in order to increase transparency. The Secretary is required to take immediate action to address disruption 

in service and resume inspection or weighing. Further, the Secretary is required to submit a report to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate within 24 hours of 

a disruption that includes a description of the disruption and any 

actions necessary to resume inspection or weighing. Finally, the 

Secretary is required to then provide daily updates until inspection 

or weighing services at the site of disruption have resumed. 

Subsection (b) amends Section 7(e) of the USGSA by adding new 

language that creates a certification process for existing delegated 

state agencies. The Secretary is required to establish a certification 

process within one year of date of enactment pursuant to existing 

statutory criteria, including personnel, training, fee collection and 

recordkeeping. The Secretary must review delegation of authority 

every five years, provide for public comment on each certification 

review, and give public notice of the outcome of such review. Subsection (b) also requires delegated states to provide 72 hours of advance notice of their intent to discontinue inspection or weighing 

services. Whether a state has met this requirement is then to be 

considered by the Secretary in administering the delegation of authority to a state. 

With respect to designated agencies, subsection (b) amends Section 7(f)(1) of the USGSA by adding a requirement that the Secretary periodically consult with customers of the designated agency 

to review the performance of the agency and work with the agency 

to address any concerns identified. And, the length of the designation of authority is extended from three years to five years. 

Subsection (b) of the reported bill amends Sections 7(f)(2) and 

7A(i)(2) of the USGSA to remove the geographic boundary restriction for domestic inspection and weighing if certain criteria are 

met. 

Lastly, subsection (b) of the legislation amends Section 7(g) of the 

USGSA to require that the portion inspection fees based on export 

tonnage be based on a rolling five-year average of export tonnage 

volumes. Subsection (b) also requires the Secretary to annually review and adjust inspection fees to maintain a three to six month 

operating reserve. Subsection (c) then amends Section 7A of the 

USGSA to make these same two changes for weighing fees. 

Subsection (d) amends Section 7D of the USGSA to authorize the 

30 percent cap on administrative and supervisory costs through 

2020. 

Subsection (e) amends Section 8(b) of the USGSA to extend any 

licenses issued under the USGA from three years to five years. 

Subsection (f) amends Section 19 of the USGSA to reauthorize 

the authorization of appropriations through 2020. 


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Section (g) amends Section 21 of the USGSA to reauthorize the 

Advisory Committee through 2020. 

Section 302. Report on disruption in Federal inspection of grain exports 

Section 302 of the legislation requires the Secretary to issue to 

the Committee on Agriculture, Nutrition, and Forestry of the Senate, the Committee on Agriculture of the House of Representatives, 

the Subcommittee on Agriculture, Rural Development, Food and 

Drug Administration, and Related Agencies of the Committee on 

Appropriations of the Senate, and the Subcommittee on Agriculture, Rural Development, Food and Drug Administration, and 

Related Agencies of the Committee on Appropriations of the House 

of Representatives a report on the 2014 disruption in Federal inspection of grain exports within 180 days of enactment of this legislation. The Secretary is required to include: (1) specific factors 

which led to the disruption at the Port of Vancouver in the summer 

of 2014, (2) a description of the port facility, the security situation 

and available resources, as well as other significant factors, and (3) 

any changes in policy that the Secretary has implemented to ensure that a similar disruption in inspection of grain exports does 

not occur at the Port of Vancouver or other locations in the future. 

Section 303. Report on policy barriers to grain producers 

Section 303 requires the Secretary, in consultation with the 

United States Trade Representative, to submit to the Committee 

on Agriculture of the House of Representatives and the Committee 

on Agriculture, Nutrition, and Forestry of the Senate a report within 180 days of enactment of this legislation. The Secretary is required to include: (1) the policy barriers to U.S. grain producers in 

countries that do not offer official grading for U.S. grain or provide 

only the lowest designation for U.S. grain, and (2) any actions the 

Administration is taking to remedy such barriers and put U.S. producers on equal footing. 

CHANGES IN EXISTING LAW

In compliance with paragraph 12 of rule XXVI of the Standing 

Rules of the Senate, the Committee states that, in its opinion, it 

is necessary to dispense with the requirements of that paragraph 

in order to expedite the business of the Senate. 

Æ 


emcdonald on DSK67QTVN1PROD with HEARING