Calendar No. 211

103D CONGRESS

1ST SESSION S. 1490

A BILL

To amend Public Law 100–518 and the United

other purposes.administrative and supervisory costs, and forGrain Inspection Service to collect fees to coverSeptember 30, 1998, the authority of the FederalStates Grain Standards Act to extend through

SEPTEMBER 23 (legislative day, SEPTEMBER 7), 1993

Ordered placed on the calendar
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Calendar No. 211

103D CONGRESS

1ST SESSION S. 1490

To amend Public Law 100–518 and the United States Grain Standards

Act to extend through September 30, 1998, the authority of the Federal

Grain Inspection Service to collect fees to cover administrative and supervisory costs, and for other purposes.

IN THE SENATE OF THE UNITED STATES

SEPTEMBER 23 (legislative day, SEPTEMBER 7), 1993

Mr. DASCHLE (for himself, Mr. LEAHY, and Mr. CRAIG) introduced the

following bill; which was read twice and ordered placed on the calendar

A BILL

To amend Public Law 100–518 and the United States Grain

Standards Act to extend through September 30, 1998,

the authority of the Federal Grain Inspection Service

to collect fees to cover administrative and supervisory

costs, 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,
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1 SECTION 1. SHORT TITLE; REFERENCES.

2 (a) SHORT TITLE.—This Act may be cited as the

3 ‘‘United States Grain Standards Act Amendments of

4 1993’’.

5 (b) REFERENCES TO UNITED STATES GRAIN STAND6 ARDS ACT.—Except as otherwise expressly provided,

7 whenever in this Act an amendment or repeal is expressed

8 in terms of an amendment to, or repeal of, a section or

9 other provision, the reference shall be considered to be

10 made to a section or other provision of the United States

11 Grain Standards Act (7 U.S.C. 71 et seq.).

12 SEC. 2. EXTENSION OF AUTHORITY TO COLLECT FEES TO

13 COVER ADMINISTRATIVE AND SUPERVISORY

14 COSTS.

15 (a) IN GENERAL.—Section 2 of the United States

16 Grain Standards Act Amendments of 1988 (Public Law

17 100–518; 7 U.S.C. 79 note) is amended by striking

18 ‘‘1993’’ and inserting ‘‘2003’’.

19 (b) LIMITATION ON ADMINISTRATIVE AND SUPER20 VISORY COSTS.—Section 7D (7 U.S.C 79d) is amended—

21 (1) by striking ‘‘inspection and weighing’’ and

22 inserting ‘‘services performed’’; and

23 (2) by striking ‘‘1993’’ and inserting ‘‘2003’’.

24 (c) REAUTHORIZATION OF APPROPRIATIONS.—Sec25 tion 19 (7 U.S.C. 87h) is amended by striking ‘‘1993’’

26 and inserting ‘‘2003’’.
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1 SEC. 3. COMPREHENSIVE COST CONTAINMENT PLAN.

2 Section 3A (7 U.S.C. 75a) is amended—

3 (1) by redesignating the first through fourth

4 sentences as subsections (a) through (d), respec5 tively; and

6 (2) by adding at the end the following new sub7 section:

8 ‘‘(e)(1) The Administrator shall develop and carry

9 out a comprehensive cost containment plan to streamline

10 and maximize the efficiency of the operations of the Serv11 ice, including standardization of fees, in order to minimize

12 taxpayer expenditures and user fees and encourage the

13 maximum use of official inspection and weighing services

14 at domestic and export locations.

15 ‘‘(2) Not later than 180 days after the date of enact16 ment of this subsection, the Administrator shall submit

17 a report that describes actions taken to carry out para18 graph (1) to the Committee on Agriculture of the House

19 of Representatives and the Committee on Agriculture, Nu20 trition, and Forestry of the Senate.’’.

21 SEC. 4. USE OF INSPECTION AND WEIGHING FEES, AND OF22 FICIAL INSPECTION AND WEIGHING IN CANA23 DIAN PORTS.

24 (a) INSPECTION AUTHORITY.—Section 7 (7 U.S.C.

25 79) is amended—
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1 (1) in subsection (f)(1)(A)(vi), by striking ‘‘or

2 other agricultural programs’’; and

3 (2) in the second sentence of subsection (i), by

4 inserting before the period at the end the following:

5 ‘‘or as otherwise provided by agreement with the Ca6 nadian Government’’.

7 (b) WEIGHING AUTHORITY.—Section 7A (7 U.S.C.

8 79a) is amended—

9 (1) in the second sentence of subsection (c)(2),

10 by inserting after ‘‘shall be deemed to refer to’’ the

11 following: ‘‘ ‘official weighing’ or’’;

12 (2) in the second sentence of subsection (d), by

13 inserting before the period at the end the following:

14 ‘‘or as otherwise provided by agreement with the Ca15 nadian Government’’; and

16 (3) in the first sentence of subsection (i), by in17 serting before the period at the end the following:

18 ‘‘or as otherwise provided in section 7(i) and sub19 section (d)’’.

20 SEC. 5. PILOT PROGRAM FOR PERFORMING INSPECTION

21 AND WEIGHING AT INTERIOR LOCATIONS.

22 (a) INSPECTION AUTHORITY.—Section 7(f)(2) (7

23 U.S.C. 79(f)(2)) is amended by inserting before the period

24 at the end the following: ‘‘, except that the Administrator

25 may conduct pilot programs to allow more than 1 official
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1 agency to carry out inspections within a single geographi2 cal area without undermining the policy stated in section

3 2’’.

4 (b) WEIGHING AUTHORITY.—The second sentence of

5 section 7A(i) (7 U.S.C. 79a(i)) is amended by inserting

6 before the period at the end the following: ‘‘, except that

7 the Administrator may conduct pilot programs to allow

8 more than 1 official agency to carry out the weighing pro9 visions within a single geographic area without undermin10 ing the policy stated in section 2’’.

11 SEC. 6. LICENSING OF INSPECTORS.

12 Section 8 (7 U.S.C. 84) is amended—

13 (1) in subsection (a)—

14 (A) in paragraph (1) of the first sentence,

15 by inserting after ‘‘and is employed’’ the follow16 ing: ‘‘, or is supervised under a contractual ar17 rangement,’’; and

18 (B) in the second sentence, by striking

19 ‘‘No person’’ and inserting ‘‘Except as other20 wise provided in sections 7(i) and 7A(d), no

21 person’’;

22 (2) in the first proviso of subsection (b), by

23 striking ‘‘independently under the terms of a con24 tract for the conduct of any functions involved in of-
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1 ficial inspection’’ and inserting ‘‘under the terms of

2 a contract for the conduct of any functions’’; and

3 (3) in subsection (d)—

4 (A) by inserting after ‘‘Persons employed’’

5 the following: ‘‘or supervised under a contrac6 tual arrangement’’; and

7 (B) by inserting after ‘‘including persons

8 employed’’ the following: ‘‘or supervised under a

9 contractual arrangement’’.

10 SEC. 7. PROHIBITED ACTS.

11 (a) IN GENERAL.—Section 13(a) ( 7 U.S.C. 87b(a))

12 is amended by striking paragraph (11) and inserting the

13 following new paragraph:

14 ‘‘(11) violate section 5, 6, 7, 7A, 7B, 8, 11, 12,

15 16, or 17A;’’.

16 (b) ADDING WATER TO GRAIN.—Section 13(d) is

17 amended by adding at the end the following new para18 graph:

19 ‘‘(4)(A) Except as provided in subparagraph (B), no

20 person shall add water to grain for purposes other than

21 milling, malting, or other processing or pest control oper22 ations.

23 ‘‘(B)(i) Subject to clause (ii), the Administrator shall

24 allow, through the issuance of permits, the addition of

25 water to grain to suppress grain dust unless the Adminis-
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1 trator determines that the addition of water materially re2 duces the quality of the grain or impedes the objectives

3 of this Act.

4 ‘‘(ii) The Administrator may charge a reasonable fee

5 for the issuance of a permit under clause (i). Fees col6 lected under this subparagraph shall be deposited into the

7 fund created by section 7(j).’’.

8 SEC. 8. CRIMINAL PENALTIES.

9 Section 14(a) (7 U.S.C. 87c(a)) is amended by strik10 ing ‘‘shall be guilty of a misdemeanor and shall, on convic11 tion thereof, be subject to imprisonment for not more than

12 twelve months, or a fine of not more than $10,000, or

13 both such imprisonment and fine; but, for subsequent of14 fense subject to this subsection, such person’’.

15 SEC. 9. REPORTS, TESTING OF INSPECTION AND WEIGHING

16 EQUIPMENT, OTHER SERVICES, AND APPRO17 PRIATE COURTESIES TO REPRESENTATIVES

18 OF FOREIGN COUNTRIES.

19 Section 16 (7 U.S.C. 87e) is amended—

20 (1) in subsection (b), by striking the third sen21 tence; and

22 (2) by adding at the end the following new sub23 sections:

24 ‘‘(g)(1) Subject to paragraphs (2) and (3), the Ad25 ministrator may provide for the testing of weighing equip-
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1 ment used for purposes other than weighing grain in ac2 cordance with such regulations as the Administrator may

3 prescribe, at a fee established by regulation or contractual

4 agreement.

5 ‘‘(2) Testing performed under paragraph (1) may not

6 conflict with or impede the objectives of this Act.

7 ‘‘(3) Fees collected under paragraph (1) shall be rea8 sonable and shall cover, as nearly as practicable, the esti9 mated costs of the testing. The fees shall be deposited into

10 the fund created by section 7(j).

11 ‘‘(h)(1) Subject to paragraphs (2) and (3), the Ad12 ministrator may provide for the testing of grain inspection

13 instruments used for commercial inspections in accordance

14 with such regulations as the Administrator may prescribe,

15 at a fee established by regulation or contractual agree16 ment.

17 ‘‘(2) Testing performed under paragraph (1) may not

18 conflict with or impede with objectives of this Act.

19 ‘‘(3) Fees collected under paragraph (1) shall be rea20 sonable and shall cover, as nearly as practicable, the esti21 mated costs of the testing. The fees shall be deposited into

22 the fund created by section 7(j).

23 ‘‘(i)(1) The Administrator may perform such other

24 services as the Administrator considers appropriate in ac-
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1 cordance with such regulations as the Administrator may

2 prescribe.

3 ‘‘(2) In addition to the fees authorized by sections

4 7, 7A, 7B, and 17A, and this section, the Administrator

5 shall collect reasonable fees to cover the estimated costs

6 of services performed under paragraph (1) other than

7 standardization, compliance, and foreign monitoring ac8 tivities.

9 ‘‘(3) To the extent practicable, the fees collected

10 under paragraph (2), together with the proceeds from the

11 sale of any samples, shall cover the costs, including admin12 istrative and supervisory costs, of services performed

13 under paragraph (1).

14 ‘‘(4) Funds described in paragraph (3) shall be de15 posited into the fund created by section 7(j).

16 ‘‘(j) The Administrator may extend appropriate cour17 tesies to official representatives of foreign countries in

18 order to establish and maintain relationships to carry out

19 the policy stated in section 2.’’.

20 SEC. 10. VIOLATION OF SUBPOENA.

21 Section 17(e) (7 U.S.C. 87f(e)) is amended by strik22 ing ‘‘the penalties set forth in subsection (a) of section

23 14 of this Act’’ and inserting ‘‘imprisonment for not more

24 than 1 year or a fine of not more than $10,000 or both

25 the imprisonment and fine’’.
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1 SEC. 11. LIMITATION OF APPROPRIATIONS.

2 Section 19 (7 U.S.C. 87h) is amended by striking

3 ‘‘sections 7, 7A, and 17A of this Act’’ and inserting ‘‘sec4 tions 7, 7A, 7B, 16, and 17A’’.

5 SEC. 12. STANDARDIZING COMMERCIAL INSPECTIONS.

6 Section 22(a) (7 U.S.C. 87k(a)) is amended by strik7 ing ‘‘and the National Conference on Weights and Meas8 ures’’ and inserting ‘‘, the National Conference on

9 Weights and Measures, or other appropriate govern10 mental, scientific, or technical organizations’’.

11 SEC. 13. ELIMINATION OF GENDER-BASED REFERENCES.

12 (a) Section 3 (7 U.S.C. 75) is amended—

13 (1) in subsection (a), by striking ‘‘his dele14 gates’’ and inserting ‘‘delegates of the Secretary’’;

15 and

16 (2) in subsection (z), by striking ‘‘his dele17 gates’’ and inserting ‘‘delegates of the Adminis18 trator’’.

19 (b) Section 4(a)(1) (7 U.S.C. 76(a)(1)) is amended

20 by striking ‘‘his judgment’’ and inserting ‘‘the judgment

21 of the Administrator’’.

22 (c) Section 5 (7 U.S.C. 77) is amended—

23 (1) in subsection (a)(1), by striking ‘‘his agent’’

24 and inserting ‘‘the agent of the shipper’’; and

25 (2) in subsection (b), by striking ‘‘he’’ and in26 serting ‘‘the Administrator’’.
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1 (d) Section 7 (7 U.S.C. 79) is amended—

2 (1) in subsection (a), by striking ‘‘he’’ and in3 serting ‘‘the Administrator’’;

4 (2) in subsection (b)—

5 (A) by striking ‘‘he’’ and inserting ‘‘the

6 Administrator’’; and

7 (B) by striking ‘‘his judgment’’ and insert8 ing ‘‘the judgment of the Administrator’’; and

9 (3) in subsection (e)(2)—

10 (A) by striking ‘‘he’’ and inserting ‘‘the

11 Administrator’’; and

12 (B) by striking ‘‘his discretion’’ and insert13 ing ‘‘the discretion of the Administrator’’.

14 (e) Section 7A(e) (7 U.S.C. 79a(e)) is amended by

15 striking ‘‘he’’ and inserting ‘‘the Administrator’’.

16 (f) Section 7B(a) (7 U.S.C. 79b(a)) is amended by

17 striking ‘‘he’’ and inserting ‘‘the Administrator’’.

18 (g) Section 8 (7 U.S.C. 84) is amended—

19 (1) in subsection (a), by striking ‘‘him’’ and in20 serting ‘‘the Administrator’’; and

21 (2) in subsections (c) and (f), by striking ‘‘he’’

22 each place it appears and inserting ‘‘the Adminis23 trator’’.

24 (h) Section 9 (7 U.S.C. 85) is amended by striking

25 ‘‘him’’ and inserting ‘‘the licensee’’.
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1 (i) Section 10 (7 U.S.C. 86) is amended—

2 (1) in subsection (a), by striking ‘‘he’’ each

3 place it appears and inserting ‘‘the Administrator’’;

4 and

5 (2) in subsection (b), by striking ‘‘he’’ and in6 serting ‘‘the person’’.

7 (j) Section 11 (7 U.S.C. 87) is amended—

8 (1) in subsection (a), by striking ‘‘he’’ and in9 serting ‘‘the Administrator’’; and

10 (2) in subsection (b)—

11 (A) in paragraph (1), by striking ‘‘he’’ and

12 inserting ‘‘the producer’’; and

13 (B) in paragraph (5), by striking ‘‘he’’

14 each place it appears and inserting ‘‘the Admin15 istrator’’.

16 (k) Section 12 (7 U.S.C. 87a) is amended—

17 (1) in subsection (b), by striking ‘‘his judg18 ment’’ and inserting ‘‘the judgment of the Adminis19 trator’’; and

20 (2) in subsection (c), by striking ‘‘he’’ and in21 serting ‘‘the Administrator’’.

22 (l) Section 13(a) (7 U.S.C. 87b(a)) is amended—

23 (1) in paragraph (2), by striking ‘‘his rep24 resentative’’ and inserting ‘‘the representative of the

25 Administrator’’;
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1 (2) in paragraphs (7) and (8), by striking ‘‘his

2 duties’’ each place it appears and inserting ‘‘the du3 ties of the officer, employee, or other person’’; and

4 (3) in paragraph (9), by striking ‘‘he’’ and in5 serting ‘‘the person’’.

6 (m) Section 14 (7 U.S.C. 87c) is amended—

7 (1) in subsection (a), by striking ‘‘he’’ and in8 serting ‘‘the person’’; and

9 (2) in subsection (b), by striking ‘‘he’’ each

10 place it appears and inserting ‘‘the Administrator’’.

11 (n) Section 15 (7 U.S.C. 87d) is amended by striking

12 ‘‘his employment or office’’ and inserting ‘‘the employment

13 or office of the official, agent, or other person’’.

14 (o) Section 17(e) (7 U.S.C. 87f(e)) is amended by

15 striking ‘‘his power’’ and inserting ‘‘the power of the per16 son’’.

17 (p) Section 17A (7 U.S.C. 87f–1) is amended—

18 (1) in subsection (a)(2), by striking ‘‘he’’ and

19 inserting ‘‘the producer’’; and

20 (2) in subsection (c), by striking ‘‘he’’ and in21 serting ‘‘the person’’.