IB 

Union Calendar No. 96 

114TH CONGRESS 

1ST SESSION H. R. 2088 

[Report No. 114–133] 

To amend the United States Grain Standards Act to improve inspection 

services performed at export elevators at export port locations, to reauthorize certain authorities of the Secretary of Agriculture under such 

Act, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 29, 2015 

Mr. CONAWAY (for himself, Mr. PETERSON, Mr. CRAWFORD, and Mr. WALZ) 

introduced the following bill; which was referred to the Committee on Agriculture 

MAY 29, 2015 

Committed to the Committee of the Whole House on the State of the Union 

and ordered to be printed 

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A BILL 

To amend the United States Grain Standards Act to improve 

inspection services performed at export elevators at export port locations, to reauthorize certain authorities of 

the Secretary of Agriculture under such Act, and for 

other purposes. 

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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. 

4 This Act may be cited as the ‘‘United States Grain 

5 Standards Act Reauthorization Act of 2015’’. 

6 SEC. 2. REAUTHORIZATION OF UNITED STATES GRAIN 

7 STANDARDS ACT. 

8 (a) POLICY AND PURPOSE OF ACT.—Section 2(b) of 

9 the United States Grain Standards Act (7 U.S.C. 74(b)) 

10 is amended— 

11 (1) in paragraph (1), by striking ‘‘to both do12 mestic and foreign buyers’’ and inserting ‘‘respon13 sive to the purchase specifications of domestic and 

14 foreign buyers’’; 

15 (2) by striking ‘‘and’’ at the end of paragraph 

16 (2); 

17 (3) by striking the period at the end of para18 graph (3) and inserting ‘‘; and’’; and 

19 (4) by adding at the end the following new 

20 paragraph: 

21 ‘‘(4) to provide an accurate, reliable, consist22 ently available, and cost-effective official grain in23 spection and weighing system.’’. 

24 (b) DEFINITIONS.— 

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1 (1) MAJOR DISASTER DEFINED.—Section 3 of 

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

3 75) is amended by adding at the end the following 

4 new paragraph: 

5 ‘‘(aa) The term ‘major disaster’ has the mean6 ing given that term in section 102(2) of the Robert 

7 T. Stafford Disaster Relief and Emergency Assist8 ance Act (42 U.S.C. 5122(2)), except that the term 

9 includes a severe weather incident causing a region10 wide interruption of government services.’’. 

11 (2) CONFORMING AMENDMENTS.—Section 3 of 

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

13 75) is further amended— 

14 (A) in the matter preceding paragraph (a), 

15 by striking ‘‘otherwise–’’ and inserting ‘‘other16 wise:’’; 

17 (B) by striking ‘‘the term’’ at the begin18 ning of each paragraph (other than paragraphs 

19 (n) and (t)) and inserting ‘‘The term’’; 

20 (C) in paragraphs (n) and (t), by striking 

21 ‘‘the terms’’ and inserting ‘‘The terms’’; 

22 (D) in paragraph (s), by striking ‘‘the 

23 verb’’ and inserting ‘‘The verb’’; 

24 (E) in paragraph (x)— 

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1 (i) by striking ‘‘conveyance (the 

2 terms’’ and inserting ‘‘conveyance. The 

3 terms’’; and 

4 (ii) by striking ‘‘accordingly);’’ and in5 serting ‘‘accordingly.’’; 

6 (F) by striking the semicolon at the end of 

7 each paragraph (other than paragraphs (x) and 

8 (y)) and inserting a period; and 

9 (G) in paragraph (y), by striking ‘‘; and’’ 

10 and inserting a period. 

11 (c) OFFICIAL INSPECTION AND WEIGHING REQUIRE12 MENTS.— 

13 (1) DISCRETIONARY WAIVER AUTHORITY.—Sec14 tion 5(a)(1) of the United States Grain Standards 

15 Act (7 U.S.C. 77(a)(1)) is amended by striking 

16 ‘‘may waive’’ and inserting ‘‘shall promptly waive’’. 

17 (2) WEIGHING REQUIREMENTS AT EXPORT

18 ELEVATORS.—Section 5(a)(2) of the United States 

19 Grain Standards Act (7 U.S.C. 77(a)(2)) is amend20 ed by striking ‘‘intracompany shipments of grain 

21 into an export elevator by any mode of transpor22 tation, grain transferred into an export elevator by 

23 transportation modes other than barge,’’ and insert24 ing ‘‘shipments of grain into an export elevator by 

25 any mode of transportation’’. 

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1 (d) DELEGATION OF OFFICIAL INSPECTION AUTHOR2 ITY.— 

3 (1) AUTHORIZED INSPECTION PERSONNEL AT

4 EXPORT ELEVATORS AT EXPORT PORT LOCA5 TIONS.—Paragraph (1) of section 7(e) of the United 

6 States Grain Standards Act (7 U.S.C. 79(e)) is 

7 amended to read as follows: 

8 ‘‘(1) Except as otherwise provided in paragraphs (3) 

9 and (4) of this subsection, the Secretary shall cause offi10 cial inspection at export elevators at export port locations, 

11 for all grain required or authorized to be inspected by this 

12 Act, to be performed— 

13 ‘‘(A) by official inspection personnel employed 

14 by the Secretary; or 

15 ‘‘(B) by other persons under contract with the 

16 Secretary as provided in section 8 of this Act.’’. 

17 (2) DELEGATION TO STATE AGENCIES.—Sec18 tion 7(e) of the United States Grain Standards Act 

19 (7 U.S.C. 79(e)) is amended— 

20 (A) in paragraph (2)— 

21 (i) by striking ‘‘, meets the criteria’’ 

22 and all that follows through ‘‘the Secretary 

23 may delegate’’ and inserting ‘‘and meets 

24 the criteria specified in subsection 

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1 (f)(1)(A) of this section, the Secretary may 

2 delegate’’; 

3 (ii) by striking ‘‘at export port loca4 tions within the State, including export 

5 port locations’’ and inserting ‘‘at export 

6 elevators at export port locations within 

7 the State, including at export elevators at 

8 export port locations’’; and 

9 (iii) in the last sentence, by striking 

10 ‘‘Any such delegation’’ and inserting ‘‘The 

11 delegation under this paragraph of author12 ity to conduct official inspection services 

13 shall be for a term not to exceed five years, 

14 and may be renewed thereafter in accord15 ance with this subsection, except that any 

16 such delegation’’; 

17 (B) by transferring paragraph (4) to the 

18 end of subsection (f), redesignating such para19 graph as paragraph (5), and, in such para20 graph, by striking ‘‘or subsection (f)’’ and in21 serting ‘‘or subsection (e)’’; and 

22 (C) by striking paragraph (3) and insert23 ing the following new paragraphs: 

24 ‘‘(3) Prior to delegating authority to a State agency 

25 for the performance of official inspection services at export 

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1 elevators at export port locations pursuant to paragraph 

2 (2) of this subsection, the Secretary shall comply with the 

3 following: 

4 ‘‘(A) Upon receipt of an application from a 

5 State agency requesting the delegation of authority 

6 to perform official inspection services on behalf of 

7 the Secretary, publish notice of the application in 

8 the Federal Register and provide a minimum 30-day 

9 comment period on the application. 

10 ‘‘(B) Evaluate the comments received under 

11 subparagraph (A) with respect to an application and 

12 conduct an investigation to determine whether the 

13 State agency that submitted the application and its 

14 personnel are qualified to perform official inspection 

15 services on behalf of the Secretary. In conducting 

16 the investigation, the Secretary shall consult with, 

17 and review the available files of the Department of 

18 Justice, the Office of Inspector General of the De19 partment of Agriculture, and the Government Ac20 countability Office. 

21 ‘‘(C) Make findings based on the results of the 

22 investigation and consideration of public comments 

23 received. 

24 ‘‘(D) Publish a notice in the Federal Register 

25 announcing whether the State agency has been delemstockstill on DSK4VPTVN1PROD with BILLS

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1 gated the authority to perform official inspection 

2 services at export elevators at export port locations 

3 on behalf of the Secretary, and the basis upon which 

4 the Secretary has made the decision. 

5 ‘‘(4)(A) Except in the case of a major disaster, if a 

6 State agency that has been delegated the authority to per7 form official inspection services at export elevators at ex8 port port locations on behalf of the Secretary fails to per9 form such official services, the Secretary shall submit to 

10 Congress, within 90 days after the first day on which in11 spection services were not performed by the delegated 

12 State agency, a report containing— 

13 ‘‘(i) the reasons for the State agency’s fail14 ure; and 

15 ‘‘(ii) the rationale as to whether or not the 

16 Secretary will permit the State agency to retain 

17 its delegated authority. 

18 ‘‘(B) A State agency may request that the delegation 

19 of inspection authority to the agency be canceled by pro20 viding written notice to the Secretary at least 90 days in 

21 advance of the requested cancellation date. 

22 ‘‘(C) If a State agency that has been delegated the 

23 authority under paragraph (2) of this subsection to per24 form official inspection services at an export elevator at 

25 an export port location on behalf of the Secretary intends 

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1 to temporarily discontinue such official inspection services 

2 or weighing services for any reason, except in the case of 

3 a major disaster, the State agency shall notify the Sec4 retary in writing of its intention to do so at least 72 hours 

5 in advance of the discontinuation date. The receipt of such 

6 prior notice shall be considered by the Secretary as a miti7 gating factor in determining whether to maintain or re8 voke the delegation of authority to the State agency.’’. 

9 (3) CONFORMING AMENDMENTS.—(A) Section 

10 7(f)(1) of the United States Grain Standards Act (7 

11 U.S.C. 79(f)(1)) is amended by striking ‘‘other than 

12 at export port locations’’ and inserting ‘‘(other than 

13 at an export elevator at an export port location)’’. 

14 (B) Section 16(d) of the United States Grain 

15 Standards Act (7 U.S.C. 87e(d)) is amended by 

16 striking ‘‘The Office of Investigation of the Depart17 ment of Agriculture (or such other organization or 

18 agency within the Department of Agriculture which 

19 may be delegated the authority, in lieu thereof, to 

20 conduct investigations on behalf of the Department 

21 of Agriculture)’’ and inserting ‘‘The Office of In22 spector General of the Department of Agriculture’’. 

23 (4) EVALUATION OF CURRENT DELEGATIONS.— 

24 Not later than two years after the date of the enact25 ment of this Act, the Secretary of Agriculture shall 

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1 complete a review of each State agency that, as of 

2 the date of the enactment of this Act, has been dele3 gated inspection authority under section 7(e) of the 

4 United States Grain Standards Act (7 U.S.C. 79(e)) 

5 and determine if the State agency is qualified to 

6 continue to perform official inspection services at ex7 port elevators at export port locations on behalf of 

8 the Secretary under such section, as amended by 

9 this subsection. The Secretary shall conduct the re10 view subject to the requirements of section 7(e) of 

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

12 79(e)), as amended by this subsection, and a State 

13 agency determined to be qualified to continue to per14 form such official inspection services shall be subject 

15 thereafter to such requirements. 

16 (e) CONTINUITY OF OPERATIONS.—Section 7(e) of 

17 the United States Grain Standards Act (7 U.S.C. 79(e)) 

18 is further amended by inserting after paragraph (4), as 

19 added by subsection (d), the following new paragraphs: 

20 ‘‘(5) Except in the case of a major disaster, the Sec21 retary shall cause official inspections at an export elevator 

22 at an export port location— 

23 ‘‘(A) to be performed without interruption by 

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1 retary or by a State agency delegated such authority 

2 under paragraph (2) of this subsection; or 

3 ‘‘(B) if interrupted, to be resumed at the export 

4 elevator by utilizing official inspection personnel em5 ployed by the Secretary or by another delegated 

6 State agency as provided under paragraph (2) of 

7 this subsection as follows: 

8 ‘‘(i) Within six hours after the interrup9 tion, if the interruption is caused by a State 

10 agency delegated such authority under this sub11 section and the Secretary received advance no12 tice of the interruption pursuant to paragraph 

13 (4)(C) of this subsection. 

14 ‘‘(ii) Within 12 hours after the interrup15 tion, if the State agency failed to provide the 

16 required advance notice of the interruption. 

17 ‘‘(6)(A) If the Secretary is unable to restore official 

18 inspection services within the applicable time period re19 quired by paragraph (5)(B) of this subsection, the inter20 ested person requesting such services at the export eleva21 tor at an export port location shall be authorized to utilize 

22 official inspection personnel, as provided under section 8 

23 of the Act, employed by another State agency delegated 

24 authority under paragraph (2) of this subsection or des25 ignated under subsection (f)(1) of this section. 

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1 ‘‘(B) A delegated or designated State agency pro2 viding inspection services under subparagraph (A) may, 

3 at its discretion, provide such services for a period of up 

4 to 90 days from the date on which the services are initi5 ated, after which time the Secretary may restore official 

6 inspection services using official inspection personnel em7 ployed by the Secretary or a State agency delegated such 

8 authority under this subsection, if available. The State 

9 agency shall notify the Secretary in writing of its intention 

10 to discontinue inspection services under subparagraph (A) 

11 at least 72 hours in advance of the discontinuation date. 

12 ‘‘(7) Not later than 60 days after the date of the en13 actment of this paragraph, the Secretary shall make avail14 able to the public, including pursuant to a website main15 tained by the Secretary, a list of all delegated States and 

16 all official agencies authorized to perform official inspec17 tions on behalf of the Secretary. This list shall include 

18 the name, contact information, and category of authority 

19 granted. The Secretary shall update the list at least semi20 annually.’’. 

21 (f) GEOGRAPHIC BOUNDARIES FOR OFFICIAL AGEN22 CIES.— 

23 (1) OFFICIAL INSPECTION AUTHORITY.—Sec24 tion 7(f)(2) of the United States Grain Standards 

25 Act (7 U.S.C. 79(f)(2)) is amended by striking ‘‘the 

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1 Secretary may’’ and all that follows through the end 

2 of the paragraph and inserting the following: ‘‘the 

3 Secretary shall allow a designated official agency to 

4 cross boundary lines to carry out inspections in an5 other geographic area if— 

6 ‘‘(A) the current designated official agency 

7 for that geographic area is unable to provide in8 spection services in a timely manner; 

9 ‘‘(B) a person requesting inspection serv10 ices in that geographic area requests a probe 

11 inspection on a barge-lot basis; or 

12 ‘‘(C) the current official agency for that 

13 geographic area agrees in writing with the adja14 cent official agency to waive the current geo15 graphic area restriction at the request of the 

16 applicant for service.’’. 

17 (2) WEIGHING AUTHORITY.—Section 7A(i)(2) 

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

19 79a(i)(2)) is amended by striking ‘‘the Secretary 

20 may’’ and all that follows through the end of the 

21 paragraph and inserting the following: ‘‘the Sec22 retary shall allow a designated official agency to 

23 cross boundary lines to carry out weighing in an24 other geographic area if— 

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1 ‘‘(A) the current designated official agency 

2 for that geographic area is unable to provide 

3 weighing services in a timely manner; or 

4 ‘‘(B) the current official agency for that 

5 geographic area agrees in writing with the adja6 cent official agency to waive the current geo7 graphic area restriction at the request of the 

8 applicant for service.’’. 

9 (g) DURATION OF DESIGNATIONS OF OFFICIAL

10 AGENCIES.—Section 7(g)(1) of the United States Grain 

11 Standards Act (7 U.S.C. 79(g)(1)) is amended by striking 

12 ‘‘triennially’’ and inserting ‘‘every five years’’. 

13 (h) INSPECTION FEES.— 

14 (1) COLLECTION AND AMOUNTS.—Section 

15 7(j)(1) of the United States Grain Standards Act (7 

16 U.S.C. 79(j)(1)) is amended— 

17 (A) by inserting ‘‘(A)’’ after ‘‘(1)’’; 

18 (B) by adding at the end the following new 

19 subparagraph: 

20 ‘‘(B) For official inspections and weighing at an ex21 port elevator at an export port location performed by the 

22 Secretary, performed by a State agency delegated the au23 thority to perform official inspection services at the export 

24 elevator on behalf of the Secretary, or performed by a 

25 State agency utilized as authorized by subsection 

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1 (e)(6)(A), the portion of the fees based upon export ton2 nage shall be based upon a rolling five-year average of ex3 port tonnage volumes. In order to maintain an operating 

4 reserve of between three to six months, the Secretary shall 

5 adjust such fees at least annually.’’. 

6 (2) DURATION OF AUTHORITY.—Section 7(j)(4) 

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

8 79(j)(4)) is amended by striking ‘‘September 30, 

9 2015’’ and inserting ‘‘September 30, 2020’’. 

10 (i) OFFICIAL WEIGHING OR SUPERVISION AT LOCA11 TIONS WHERE OFFICIAL INSPECTION IS PROVIDED

12 OTHER THAN BY THE SECRETARY.—Section 7A(c)(2) of 

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

14 79a(c)(2)) is amended— 

15 (1) in the first sentence, by striking ‘‘with re16 spect to export port locations’’ and inserting ‘‘with 

17 respect to an export elevator at an export port loca18 tion’’; and 

19 (2) in the last sentence by striking ‘‘subsection 

20 (g) of section 7’’ and inserting ‘‘subsection (e) and 

21 (g) of section 7’’. 

22 (j) COLLECTION OF FEES FOR WEIGHING SERV23 ICES.—Section 7A(l)(3) of the United States Grain Stand24 ards Act (7 U.S.C. 79a(l)(2)) is amended by striking 

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1 ‘‘September 30, 2015’’ and inserting ‘‘September 30, 

2 2020’’. 

3 (k) LIMITATION AND ADMINISTRATIVE AND SUPER4 VISORY COSTS.—Section 7D of the United States Grain 

5 Standards Act (7 U.S.C. 79d) is amended by striking 

6 ‘‘2015’’ and inserting ‘‘2020’’. 

7 (l) ISSUANCE OF AUTHORIZATIONS.— 

8 (1) DURATION.—Section 8(b) of the United 

9 States Grain Standards Act (7 U.S.C. 84(b)) is 

10 amended by striking ‘‘triennially’’ and inserting 

11 ‘‘every five years’’. 

12 (2) PERSONS WHO MAY BE HIRED AS OFFICIAL

13 INSPECTION PERSONNEL.—Section 8(e) of the 

14 United States Grain Standards Act (7 U.S.C. 84(e)) 

15 is amended— 

16 (A) by striking ‘‘(on the date of enactment 

17 of the United States Grain Standards Act of 

18 1976)’’; 

19 (B) by striking ‘‘the United States Grain 

20 Standards Act’’ and inserting ‘‘this Act’’; and 

21 (C) by striking ‘‘, on the date of enactment 

22 of the United States Grain Standards Act of 

23 1976, was performing’’ and inserting ‘‘per24 forms’’. 

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1 (m) AUTHORIZATION OF APPROPRIATIONS.—Section 

2 19 of the United States Grain Standards Act (7 U.S.C. 

3 87h) is amended by striking ‘‘2015’’ and inserting 

4 ‘‘2020’’. 

5 (n) EXPIRATION OF ADVISORY COMMITTEE.—Sec6 tion 21(e) of the United States Grain Standards Act (7 

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

8 2015’’ and inserting ‘‘September 30, 2020’’. 

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Union Calendar No. 96 

114TH CONGRESS 

1ST SESSION H. R. 2088 

[Report No. 114–133] 

A BILL 

To amend the United States Grain Standards Act 

riculture under such Act, and for other purposes. thorize certain authorities of the Secretary of Agport elevators at export port locations, to reauto improve inspection services performed at exMAY 29, 2015 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 

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