103D CONGRESS

1ST SESSION S. 1490

AN ACT

To amend Public Law 100–518 and the United

visory costs, and for other purposes.collect fees to cover administrative and superthority of the Federal Grain Inspection Service toStates Grain Standards Act to extend the au-
103D CONGRESS

1ST SESSION S. 1490

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.

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

3 SECTION 1. SHORT TITLE; REFERENCES.

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

5 ‘‘United States Grain Standards Act Amendments of

6 1993’’.
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1 (b) REFERENCES TO UNITED STATES GRAIN STAND2 ARDS ACT.—Except as otherwise expressly provided,

3 whenever in this Act an amendment or repeal is expressed

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

5 other provision, the reference shall be considered to be

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

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

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

9 COVER ADMINISTRATIVE AND SUPERVISORY

10 COSTS.

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

12 Grain Standards Act Amendments of 1988 (Public Law

13 100–518; 7 U.S.C. 79 note) is amended by striking

14 ‘‘1993’’ and inserting ‘‘2003’’.

15 (b) LIMITATION ON ADMINISTRATIVE AND SUPER16 VISORY COSTS.—Section 7D (7 U.S.C 79d) is amended—

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

18 inserting ‘‘services performed’’; and

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

20 (c) REAUTHORIZATION OF APPROPRIATIONS.—Sec21 tion 19 (7 U.S.C. 87h) is amended by striking ‘‘1993’’

22 and inserting ‘‘2003’’.

23 SEC. 3. COMPREHENSIVE COST CONTAINMENT PLAN.

24 Section 3A (7 U.S.C. 75a) is amended—
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1 (1) by redesignating the first through fourth

2 sentences as subsections (a) through (d), respec3 tively; and

4 (2) by adding at the end the following new sub5 section:

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

7 out a comprehensive cost containment plan to streamline

8 and maximize the efficiency of the operations of the Serv9 ice, including standardization activities, in order to mini10 mize taxpayer expenditures and user fees and encourage

11 the maximum use of official inspection and weighing serv12 ices at domestic and export locations.

13 ‘‘(2) Not later than 180 days after the date of enact14 ment of this subsection, the Administrator shall submit

15 a report that describes actions taken to carry out para16 graph (1) to the Committee on Agriculture of the House

17 of Representatives and the Committee on Agriculture, Nu18 trition, and Forestry of the Senate.’’.

19 SEC. 4. USE OF INSPECTION AND WEIGHING FEES, AND OF20 FICIAL INSPECTION AND WEIGHING IN CANA21 DIAN PORTS.

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

23 79) is amended—

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

25 other agricultural programs’’; and
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1 (2) in the second sentence of subsection (i), by

2 inserting before the period at the end the following:

3 ‘‘or as otherwise provided by agreement with the Ca4 nadian Government’’.

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

6 79a) is amended—

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

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

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

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

11 inserting before the period at the end the following:

12 ‘‘or as otherwise provided by agreement with the Ca13 nadian Government’’; and

14 (3) in the first sentence of subsection (i), by in15 serting before the period at the end the following:

16 ‘‘or as otherwise provided in section 7(i) and sub17 section (d)’’.

18 SEC. 5. PILOT PROGRAM FOR PERFORMING INSPECTION

19 AND WEIGHING AT INTERIOR LOCATIONS.

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

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

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

23 may conduct pilot programs to allow more than 1 official

24 agency to carry out inspections within a single geographi-
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1 cal area without undermining the policy stated in section

2 2’’.

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

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

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

6 the Administrator may conduct pilot programs to allow

7 more than 1 official agency to carry out the weighing pro8 visions within a single geographic area without undermin9 ing the policy stated in section 2’’.

10 SEC. 6. LICENSING OF INSPECTORS.

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

12 (1) in subsection (a)—

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

14 by inserting after ‘‘and is employed’’ the follow15 ing: ‘‘, or is supervised under a contractual ar16 rangement,’’; and

17 (B) in the second sentence, by striking

18 ‘‘No person’’ and inserting ‘‘Except as other19 wise provided in sections 7(i) and 7A(d), no

20 person’’;

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

22 striking ‘‘independently under the terms of a con23 tract for the conduct of any functions involved in of24 ficial inspection’’ and inserting ‘‘under the terms of

25 a contract for the conduct of any functions’’; and
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1 (3) in subsection (d)—

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

3 the following: ‘‘or supervised under a contrac4 tual arrangement’’; and

5 (B) by inserting after ‘‘including persons

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

7 contractual arrangement’’.

8 SEC. 7. PROHIBITED ACTS.

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

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

11 following new paragraph:

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

13 16, or 17A;’’.

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

15 amended by adding at the end the following new para16 graph:

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

18 person shall add water to grain for purposes other than

19 milling, malting, or other processing or pest control oper20 ations.

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

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

23 water to grain to suppress grain dust unless the Adminis24 trator determines that the addition of water materially re-
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1 duces the quality of the grain or impedes the objectives

2 of this Act.

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

4 to recover the administrative and enforcement costs of car5 rying out clause (i). Fees collected under this subpara6 graph shall be deposited into the fund created by section

7 7(j).’’.

8 SEC. 8. CRIMINAL PENALTIES.

9 Section 14(a) (7 U.S.C. 87c(a)) is amended—

10 (1) by striking ‘‘shall be guilty of a mis11 demeanor and shall, on conviction thereof, be subject

12 to imprisonment for not more than twelve months,

13 or a fine of not more than $10,000, or both such im14 prisonment and fine; but, for subsequent offense

15 subject to this subsection, such person’’; and

16 (2) by inserting after ‘‘$20,000’’ the following:

17 ‘‘(or, in the case of a violation of section

18 13(d)(4)(A), $50,000)’’.

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

20 EQUIPMENT, OTHER SERVICES, AND APPRO21 PRIATE COURTESIES TO REPRESENTATIVES

22 OF FOREIGN COUNTRIES.

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

24 (1) in subsection (b), by striking the third sen25 tence; and
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1 (2) by adding at the end the following new sub2 sections:

3 ‘‘(g)(1) Subject to paragraphs (2) and (3), the Ad4 ministrator may provide for the testing of weighing equip5 ment used for purposes other than weighing grain in ac6 cordance with such regulations as the Administrator may

7 prescribe, at a fee established by regulation or contractual

8 agreement.

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

10 conflict with or impede the objectives of this Act.

11 ‘‘(3) Fees collected under paragraph (1) shall be rea12 sonable and shall cover, as nearly as practicable, the esti13 mated costs of the testing. The fees shall be deposited into

14 the fund created by section 7(j).

15 ‘‘(h)(1) Subject to paragraphs (2) and (3), the Ad16 ministrator may provide for the testing of grain inspection

17 instruments used for commercial inspections in accordance

18 with such regulations as the Administrator may prescribe,

19 at a fee established by regulation or contractual agree20 ment.

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

22 conflict with or impede with objectives of this Act.

23 ‘‘(3) Fees collected under paragraph (1) shall be rea24 sonable and shall cover, as nearly as practicable, the esti-
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1 mated costs of the testing. The fees shall be deposited into

2 the fund created by section 7(j).

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

4 services as the Administrator considers appropriate in ac5 cordance with such regulations as the Administrator may

6 prescribe.

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

8 7, 7A, 7B, and 17A, and this section, the Administrator

9 shall collect reasonable fees to cover the estimated costs

10 of services performed under paragraph (1) other than

11 standardization, compliance, and foreign monitoring ac12 tivities.

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

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

15 sale of any samples, shall cover the costs, including admin16 istrative and supervisory costs, of services performed

17 under paragraph (1).

18 ‘‘(4) Funds described in paragraph (3) shall be de19 posited into the fund created by section 7(j).

20 ‘‘(j) The Administrator may extend appropriate cour21 tesies to official representatives of foreign countries in

22 order to establish and maintain relationships to carry out

23 the policy stated in section 2.’’.
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1 SEC. 10. VIOLATION OF SUBPOENA.

2 Section 17(e) (7 U.S.C. 87f(e)) is amended by strik3 ing ‘‘the penalties set forth in subsection (a) of section

4 14 of this Act’’ and inserting ‘‘imprisonment for not more

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

6 the imprisonment and fine’’.

7 SEC. 11. LIMITATION OF APPROPRIATIONS.

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

9 ‘‘sections 7, 7A, and 17A of this Act’’ and inserting ‘‘sec10 tions 7, 7A, 7B, 16, and 17A’’.

11 SEC. 12. STANDARDIZING COMMERCIAL INSPECTIONS.

12 Section 22(a) (7 U.S.C. 87k(a)) is amended by strik13 ing ‘‘and the National Conference on Weights and Meas14 ures’’ and inserting ‘‘, the National Conference on

15 Weights and Measures, or other appropriate govern16 mental, scientific, or technical organizations’’.

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

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

19 (1) in subsection (a), by striking ‘‘his dele20 gates’’ and inserting ‘‘delegates of the Secretary’’;

21 and

22 (2) in subsection (z), by striking ‘‘his dele23 gates’’ and inserting ‘‘delegates of the Adminis24 trator’’.
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1 (b) Section 4(a)(1) (7 U.S.C. 76(a)(1)) is amended

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

3 of the Administrator’’.

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

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

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

7 (2) in subsection (b), by striking ‘‘he’’ and in8 serting ‘‘the Administrator’’.

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

10 (1) in subsection (a), by striking ‘‘he’’ and in11 serting ‘‘the Administrator’’;

12 (2) in subsection (b)—

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

14 Administrator’’; and

15 (B) by striking ‘‘his judgment’’ and insert16 ing ‘‘the judgment of the Administrator’’; and

17 (3) in subsection (e)(2)—

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

19 Administrator’’; and

20 (B) by striking ‘‘his discretion’’ and insert21 ing ‘‘the discretion of the Administrator’’.

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

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

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

25 striking ‘‘he’’ and inserting ‘‘the Administrator’’.
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1 (g) Section 8 (7 U.S.C. 84) is amended—

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

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

5 each place it appears and inserting ‘‘the Adminis6 trator’’.

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

8 ‘‘him’’ and inserting ‘‘the licensee’’.

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

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

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

12 and

13 (2) in subsection (b), by striking ‘‘he’’ and in14 serting ‘‘the person’’.

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

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

18 (2) in subsection (b)—

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

20 inserting ‘‘the producer’’; and

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

22 each place it appears and inserting ‘‘the Admin23 istrator’’.

24 (k) Section 12 (7 U.S.C. 87a) is amended—
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1 (1) in subsection (b), by striking ‘‘his judg2 ment’’ and inserting ‘‘the judgment of the Adminis3 trator’’; 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 rep8 resentative’’ and inserting ‘‘the representative of the

9 Administrator’’;

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

19 place 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

24 striking ‘‘his power’’ and inserting ‘‘the power of the per25 son’’.
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1 (p) Section 17A (7 U.S.C. 87f–1) is amended—

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

3 inserting ‘‘the producer’’; and

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

Passed the Senate September 29 (legislative day,

September 17), 1993.

Attest:

Secretary.