103D CONGRESS

1ST SESSION S. 1490

AMENDMENTS
In the House of Representatives, U. S.,

November 4, 1993.

Resolved, That the bill from the Senate (S. 1490) entitled ‘‘An Act to amend Public Law 100–518 and the United

States Grain Standards Act to extend the authority of the

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

do pass with the following

AMENDMENTS:

Strike out all after the enacting clause and insert:

1 SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

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

3 ‘‘United States Grain Standards Act Amendments of

4 1993’’.

5 (b) TABLE OF CONTENTS.—The table of contents for

6 this Act is as follows:

Sec. 1. Short title and table of contents.

Sec. 2. Limitation on administrative and supervisory costs.

Sec. 3. Authorization of appropriations.

Sec. 4. Inspection and weighing fees; inspection and weighing in Canadian ports.

Sec. 5. Pilot program for performing inspection and weighing at interior locations.

Sec. 6. Licensing of inspectors.

Sec. 7. Prohibited acts.

Sec. 8. Criminal penalties.

Sec. 9. Equipment testing and other services.

Sec. 10. Violation of subpoena.

Sec. 11. Standardizing commercial inspections.

Sec. 12. Elimination of gender-based references.

Sec. 13. Repeal of temporary amendment language; technical amendments.

Sec. 14. Authority to collect fees; termination of advisory committee.

Sec. 15. Comprehensive cost containment plan.

Sec. 16. Effective dates.
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1 SEC. 2. LIMITATION ON ADMINISTRATIVE AND SUPER2 VISORY COSTS.

3 Section 7D of the United States Grain Standards Act

4 (7 U.S.C. 79d) is amended—

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

6 inserting ‘‘services performed’’; and

7 (2) by striking ‘‘1993’’ and inserting ‘‘2000’’.

8 SEC. 3. AUTHORIZATION OF APPROPRIATIONS.

9 (a) REAUTHORIZATION.—Section 19 of the United

10 States Grain Standards Act (7 U.S.C. 87h) is amended by

11 striking ‘‘during the period beginning October 1, 1988, and

12 ending September 30, 1993’’ and inserting ‘‘1988 through

13 2000’’.

14 (b) LIMITATION.—Such section is further amended by

15 striking ‘‘and 17A of this Act’’ and inserting ‘‘7B, 16, and

16 17A’’.

17 SEC. 4. INSPECTION AND WEIGHING FEES; INSPECTION

18 AND WEIGHING IN CANADIAN PORTS.

19 (a) INSPECTION AUTHORITY.—Section 7 of the United

20 States Grain Standards Act (7 U.S.C. 79) is amended—

21 (1) in subsection (f)(1)(A)(vi), by striking ‘‘or

22 other agricultural programs operated by’’ and insert23 ing ‘‘of’’; and

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

25 inserting before the period at the end ‘‘or as otherwise
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1 provided by agreement with the Canadian Govern2 ment’’.

3 (b) WEIGHING AUTHORITY.—Section 7A of such Act

4 (7 U.S.C. 79a) is amended—

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

6 inserting after ‘‘shall be deemed to refer to’’ the words

7 ‘‘ ‘official weighing’ or’’;

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

9 inserting before the period at the end ‘‘or as otherwise

10 provided by agreement with the Canadian Govern11 ment’’; and

12 (3) in the first sentence of subsection (i), by in13 serting before the period at the end ‘‘or as otherwise

14 provided in section 7(i) and subsection (d)’’.

15 SEC. 5. PILOT PROGRAM FOR PERFORMING INSPECTION

16 AND WEIGHING AT INTERIOR LOCATIONS.

17 (a) INSPECTION AUTHORITY.—Section 7(f)(2) of the

18 United States Grain Standards Act (7 U.S.C. 79(f)(2)) is

19 amended by inserting before the period at the end ‘‘, except

20 that the Administrator may conduct pilot programs to

21 allow more than 1 official agency to carry out inspections

22 within a single geographical area without undermining the

23 policy stated in section 2’’.

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

25 section 7A(i) of such Act (7 U.S.C. 79a(i)) is amended by
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1 inserting before the period at the end ‘‘, except that the Ad2 ministrator may conduct pilot programs to allow more than

3 1 official agency to carry out the weighing provisions with4 in a single geographic area without undermining the policy

5 stated in section 2’’.

6 SEC. 6. LICENSING OF INSPECTORS.

7 Section 8 of the United States Grain Standards Act

8 (7 U.S.C. 84) is amended—

9 (1) in subsection (a)—

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

11 by inserting after ‘‘and is employed’’ the phrase

12 ‘‘(or is supervised under a contractual arrange13 ment)’’; and

14 (B) in the second sentence, by striking ‘‘No

15 person’’ and inserting ‘‘Except as otherwise pro16 vided in sections 7(i) and 7A(d), no person’’;

17 (2) in the first proviso of subsection (b), by strik18 ing ‘‘independently under the terms of a contract for

19 the conduct of any functions involved in official in20 spection’’ and inserting ‘‘under the terms of a con21 tract for the conduct of any functions’’; and

22 (3) in subsection (d)—

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

24 the words ‘‘or supervised under a contractual ar25 rangement’’; and
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1 (B) by inserting after ‘‘including persons

2 employed’’ the words ‘‘or supervised under a con3 tractual arrangement’’.

4 SEC. 7. PROHIBITED ACTS.

5 Paragraph (11) of section 13(a) of the United States

6 Grain Standards Act (7 U.S.C. 87b(a)(11)) is amended to

7 read as follows:

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

9 16, or 17A;’’.

10 SEC. 8. CRIMINAL PENALTIES.

11 Section 14(a) of the United States Grain Standards

12 Act (7 U.S.C. 87c(a)) is amended by striking ‘‘shall be

13 guilty of a misdemeanor and shall, on conviction thereof,

14 be subject to imprisonment for not more than twelve

15 months, or a fine of not more than $10,000, or both such

16 imprisonment and fine; but, for each subsequent offense sub17 ject to this subsection, such person’’.

18 SEC. 9. EQUIPMENT TESTING AND OTHER SERVICES.

19 Section 16 of the United States Grain Standards Act

20 (7 U.S.C. 87e) is amended—

21 (1) in subsection (b), by striking the third sen22 tence; and

23 (2) by adding at the end the following new sub24 sections:
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1 ‘‘(g) TESTING OF CERTAIN WEIGHING EQUIPMENT.—

2 (1) Subject to paragraph (2), the Administrator may pro3 vide for the testing of weighing equipment used for purposes

4 other than weighing grain. The testing shall be performed—

5 ‘‘(A) in accordance with such regulations as the

6 Administrator may prescribe; and

7 ‘‘(B) for a reasonable fee established by regula8 tion or contractual agreement and sufficient to cover,

9 as nearly as practicable, the estimated costs of the

10 testing performed.

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

12 conflict with or impede the objectives specified in sec13 tion 2.

14 ‘‘(h) TESTING OF GRAIN INSPECTION INSTRUMENTS.—

15 (1) Subject to paragraph (2), the Administrator may pro16 vide for the testing of grain inspection instruments used

17 for commercial inspection. The testing shall be performed—

18 ‘‘(A) in accordance with such regulations as the

19 Administrator may prescribe; and

20 ‘‘(B) for a reasonable fee established by regula21 tion or contractual agreement and sufficient to cover,

22 as nearly as practicable, the estimated costs of the

23 testing performed.
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1 ‘‘(2) Testing performed under paragraph (1) may not

2 conflict with or impede the objectives specified in sec3 tion 2.

4 ‘‘(i) ADDITIONAL FOR FEE SERVICES.—(1) In accord5 ance with such regulations as the Administrator may pro6 vide, the Administrator may perform such other services as

7 the Administrator considers to be appropriate.

8 ‘‘(2) In addition to the fees authorized by sections 7,

9 7A, 7B, 17A, and this section, the Administrator shall col10 lect reasonable fees to cover the estimated costs of services

11 performed under paragraph (1) other than standardization

12 and foreign monitoring activities.

13 ‘‘(3) To the extent practicable, the fees collected under

14 paragraph (2), together with any proceeds from the sale of

15 any samples, shall cover the costs, including administrative

16 and supervisory costs, of services performed under para17 graph (1).

18 ‘‘(j) DEPOSIT OF FEES.—Fees collected under sub19 sections (g), (h), and (i) shall be deposited into the fund

20 created under section 7(j).

21 ‘‘(k) OFFICIAL COURTESIES.—The Administrator may

22 extend appropriate courtesies to official representatives of

23 foreign countries in order to establish and maintain rela24 tionships to carry out the policy stated in section 2. No
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1 gift offered or accepted pursuant to this subsection shall ex2 ceed $20 in value.’’.

3 SEC. 10. VIOLATION OF SUBPOENA.

4 Section 17(e) of the United States Grain Standards

5 Act (7 U.S.C. 87f(e)) is amended by striking ‘‘the penalties

6 set forth in subsection (a) of section 14 of this Act’’ and

7 inserting ‘‘imprisonment for not more than 1 year or a fine

8 of not more than $10,000 or both the imprisonment and

9 fine’’.

10 SEC. 11. STANDARDIZING COMMERCIAL INSPECTIONS.

11 Section 22(a) of the United States Grain Standards

12 Act (7 U.S.C. 87k(a)) is amended by striking ‘‘and the Na13 tional Conference on Weights and Measures’’ and inserting

14 ‘‘, the National Conference on Weights and Measures, or

15 other appropriate governmental, scientific, or technical or16 ganizations’’.

17 SEC. 12. ELIMINATION OF GENDER-BASED REFERENCES.

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

19 (1) in subsection (a), by striking ‘‘his delegates’’

20 and inserting ‘‘delegates of the Secretary’’; and

21 (2) in subsection (z), by striking ‘‘his delegates’’

22 and inserting ‘‘delegates of the Administrator’’.

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

24 striking ‘‘his judgment’’ and inserting ‘‘the judgment of the

25 Administrator’’.
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1 (c) Section 5 (7 U.S.C. 77) is amended—

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

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

4 (2) in subsection (b), by striking ‘‘he’’ and in5 serting ‘‘the Administrator’’.

6 (d) Section 7 (7 U.S.C. 79) is amended—

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

9 (2) in subsection (b)—

10 (A) by striking ‘‘he’’ and inserting ‘‘the Ad11 ministrator’’; and

12 (B) by striking ‘‘his judgment’’ and insert13 ing ‘‘the judgment of the Administrator’’; and

14 (3) in subsection (e)(2)—

15 (A) by striking ‘‘he’’ and inserting ‘‘the Ad16 ministrator’’; and

17 (B) by striking ‘‘his discretion’’ and insert18 ing ‘‘the discretion of the Administrator’’.

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

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

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

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

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

24 (1) in subsection (a), by striking ‘‘him’’ and in25 serting ‘‘the Administrator’’; and
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1 (2) in subsections (c) and (f), by striking ‘‘he’’

2 each place it appears and inserting ‘‘the Adminis3 trator’’.

4 (h) Section 9 (7 U.S.C. 85) is amended—

5 (1) by striking ‘‘him’’ and inserting ‘‘the li6 censee’’; and

7 (2) by striking ‘‘his license’’ and inserting ‘‘the

8 license’’.

9 (i) Section 10 (7 U.S.C. 86) is amended—

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

11 it appears and inserting ‘‘the Administrator’’; and

12 (2) in subsection (b), by striking ‘‘he’’ and in13 serting ‘‘the person’’.

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

15 (1) in subsection (a), by striking ‘‘he’’ and in16 serting ‘‘the Administrator’’; and

17 (2) in subsection (b)—

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

19 inserting ‘‘the producer’’; and

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

21 place it appears and inserting ‘‘the Adminis22 trator’’.

23 (k) Section 12 (7 U.S.C. 87a) is amended—
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1 (1) in subsection (b), by striking ‘‘his judgment’’

2 and inserting ‘‘the judgment of the Administrator’’;

3 and

4 (2) in subsection (c), by striking ‘‘he’’ and in5 serting ‘‘the Administrator’’.

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

7 (1) in paragraph (2), by striking ‘‘his represent8 ative’’ and inserting ‘‘the representative of the Ad9 ministrator’’;

10 (2) in paragraphs (7) and (8), by striking ‘‘his

11 duties’’ each place it appears and inserting ‘‘the du12 ties of the officer, employee, or other person’’; and

13 (3) in paragraph (9), by striking ‘‘he’’ and in14 serting ‘‘the person’’.

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

16 (1) in subsection (a), by striking ‘‘he’’ and in17 serting ‘‘the person’’; and

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

19 it appears and inserting ‘‘the Administrator’’.

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

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

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

23 (o) Section 17(e) (7 U.S.C. 87f(e)) is amended by strik24 ing ‘‘his power’’ and inserting ‘‘the power of the person’’.

25 (p) Section 17A (7 U.S.C. 87f–1) is amended—
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1 (1) in subsection (a)(2), by striking ‘‘he’’ and in2 serting ‘‘the producer’’; and

3 (2) in subsection (c), by striking ‘‘he’’ and in4 serting ‘‘the person’’.

5 SEC. 13. REPEAL OF TEMPORARY AMENDMENT LANGUAGE;

6 TECHNICAL AMENDMENTS.

7 (a) REPEAL.—Section 2 of the United States Grain

8 Standards Act Amendments of 1988 (Public Law 100–518;

9 102 Stat. 2584) is amended, in the matter preceding para10 graph (1), by striking ‘‘Effective for the period October 1,

11 1988, through September 30, 1993, inclusive, the’’ and in12 serting ‘‘The’’.

13 (b) TECHNICAL AMENDMENTS.—(1) Section 21(a) of

14 the United States Grain Standards Act (7 U.S.C. 87j(a))

15 is amended—

16 (A) by striking ‘‘(1)’’; and

17 (B) by striking paragraph (2).

18 (2) Section 22(c) of such Act (7 U.S.C. 87k(c)), is

19 amended by striking ‘‘subsection (a) and (b)’’ and inserting

20 ‘‘subsections (a) and (b)’’.

21 SEC. 14. AUTHORITY TO COLLECT FEES; TERMINATION OF

22 ADVISORY COMMITTEE.

23 (a) INSPECTION AND SUPERVISORY FEES.—Section

24 7(j) of the United States Grain Standards Act (7 U.S.C.
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1 79(j)) is amended by adding at the end the following new

2 paragraph:

3 ‘‘(4) The duties imposed by paragraph (2) on des4 ignated official agencies and State agencies described in

5 such paragraph and the investment authority provided by

6 paragraph (3) shall expire on September 30, 2000. After

7 that date, the fees established by the Administrator pursu8 ant to paragraph (1) shall not cover administrative and

9 supervisory costs related to the official inspection of grain.’’.

10 (b) WEIGHING AND SUPERVISORY FEES.—Section

11 7A(l) of such Act (7 U.S.C. 79a(l)) is amended by adding

12 at the end the following new paragraph:

13 ‘‘(3) The authority provided to the Administrator by

14 paragraph (1) and the duties imposed by paragraph (2)

15 on agencies and other persons described in such paragraph

16 shall expire on September 30, 2000. After that date, the Ad17 ministrator shall, under such regulations as the Adminis18 trator may prescribe, charge and collect reasonable fees to

19 cover the estimated costs of official weighing and super20 vision of weighing except when the official weighing or su21 pervision of weighing is performed by a designated official

22 agency or by a State under a delegation of authority. The

23 fees authorized by this paragraph shall, as nearly as prac24 ticable, cover the costs of the Service incident to its perform25 ance of official weighing and supervision of weighing serv-
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1 ices in the United States and on United States grain in

2 Canadian ports, excluding administrative and supervisory

3 costs. The fees authorized by this paragraph shall be depos4 ited into a fund which shall be available without fiscal year

5 limitation for the expenses of the Service incident to provid6 ing services under this Act.’’.

7 (c) ADVISORY COMMITTEE.—Section 21 of such Act (7

8 U.S.C. 87j) is amended by adding at the end the following

9 new subsection:

10 ‘‘(e) The authority provided to the Secretary for the

11 establishment and maintenance of an advisory committee

12 under this section shall expire on September 30, 2000.’’.

13 SEC. 15. COMPREHENSIVE COST CONTAINMENT PLAN.

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

15 (1) by striking ‘‘There is created’’ and inserting

16 ‘‘(a) ESTABLISHMENT.—There is created’’; and

17 (2) by adding at the end the following new sub18 section:

19 ‘‘(b) COST CONTAINMENT PLAN.—(1) The Adminis20 trator shall develop and carry out a comprehensive cost con21 tainment plan to streamline and maximize the efficiency

22 of the operations of the Service, including standardization

23 activities, in order to minimize taxpayer expenditures and

24 user fees and encourage the maximum use of official inspec25 tion and weighing services at domestic and export locations.
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1 ‘‘(2) Not later than 180 days after the date of enact2 ment of this subsection, the Administrator shall submit a

3 report that describes actions taken to carry out paragraph

4 (1) to the Committee on Agriculture of the House of Rep5 resentatives and the Committee on Agriculture, Nutrition,

6 and Forestry of the Senate.’’.

7 SEC. 16. EFFECTIVE DATES.

8 (a) IN GENERAL.—Except as provided in subsection

9 (b), the amendments made by this Act shall take effect on

10 the date of the enactment of this Act.

11 (b) SPECIAL EFFECTIVE DATE FOR CERTAIN PROVI12 SIONS.—The amendments made by sections 2, 3, and 13(a)

13 shall take effect as of September 30, 1993.

Amend the title so as to read: ‘‘An Act to amend the

United States Grain Standards Act to extend the authority of the Federal Grain Inspection Service to collect fees

to cover administrative and supervisory costs, to extend

the authorization of appropriations for such Act, and to

improve administration of such Act, and for other purposes.’’.

Attest:

Clerk.