Union Calendar No. 147

103D CONGRESS

1ST SESSION H. R. 2689

[Report No. 103–265]

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 28, 1993

Reported with an amendment, committed to the Commitordered to be printed tee of the Whole House on the State of the Union, and
IB

Union Calendar No. 147

103D CONGRESS

1ST SESSION H. R. 2689

[Report No. 103–265]

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 HOUSE OF REPRESENTATIVES

JULY 21, 1993

Mr. DE LA GARZA (by request) (Mr. ROBERTS, Mr. JOHNSON of South Dakota, Mr. PENNY, Mr. EMERSON, and Mr. ALLARD) introduced the following bill; which was referred to the Committee on Agriculture

SEPTEMBER 28, 1993

Reported with an amendment, committed to the Committee of the Whole

House on the State of the Union, and ordered to be printed

[Strike out all after the enacting clause and insert the part printed in italic]

[For text of introduced bill, see copy of bill as introduced on July 21, 1993]

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.
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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 AND TABLE OF CONTENTS.

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

5 ‘‘United States Grain Standards Act Amendments of

6 1993’’.

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

8 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. Inspection and weighing pilot program.

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 references.

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

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

Sec. 15. Effective dates.

9 SEC. 2. LIMITATION ON ADMINISTRATIVE AND SUPER10 VISORY COSTS.

11 Section 7D of the United States Grain Standards Act

12 (7 U.S.C. 79d) is amended—

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

14 inserting ‘‘services performed’’; and

15 (2) by striking ‘‘1993’’ and inserting ‘‘1998’’.

16 SEC. 3. AUTHORIZATION OF APPROPRIATIONS.

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

18 States Grain Standards Act (7 U.S.C. 87h) is amended by
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1 striking ‘‘during the period beginning October 1, 1988, and

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

3 1998’’.

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

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

6 17A’’.

7 SEC. 4. INSPECTION AND WEIGHING FEES; INSPECTION

8 AND WEIGHING IN CANADIAN PORTS.

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

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

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

12 other agricultural programs operated by’’ and insert13 ing ‘‘of’’; and

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

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

16 provided by agreement with the Canadian Govern17 ment’’.

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

19 (7 U.S.C. 79a) is amended—

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

21 inserting after ‘‘shall be deemed to refer to’’ the fol22 lowing: ‘‘ ‘official weighing’ or’’;

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

24 inserting before the period at the end ‘‘or as otherwise
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1 provided by agreement with the Canadian Govern2 ment’’; and

3 (3) in the first sentence of subsection (i), by in4 serting before the period at the end ‘‘or as otherwise

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

6 SEC. 5. INSPECTION AND WEIGHING PILOT PROGRAM.

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

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

9 amended by inserting before the period at the end the follow10 ing: ‘‘, except that the Administrator may conduct pilot

11 programs to allow more than one official agency to carry

12 out inspections within a single geographical area without

13 undermining such objectives’’.

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

15 section 7A(i) of such Act (7 U.S.C. 79a(i)) is amended by

16 inserting before the period at the end the following: ‘‘, except

17 that the Administrator may conduct pilot programs to

18 allow more than one official agency to carry out the weigh19 ing provisions within a single geographic area without un20 dermining such objectives’’.

21 SEC. 6. LICENSING OF INSPECTORS.

22 Section 8 of the United States Grain Standards Act

23 (7 U.S.C. 84) is amended—

24 (1) in subsection (a)—
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1 (A) in paragraph (1) of the first sentence,

2 by inserting after ‘‘and is employed’’ the follow3 ing: ‘‘(or is supervised under a contractual ar4 rangement)’’; and

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

6 person’’ and inserting ‘‘Except as otherwise pro7 vided in sections 7(i) and 7A(d), no person’’;

8 (2) in the first proviso of subsection (b), by strik9 ing ‘‘independently under the terms of a contract for

10 the conduct of any functions involved in official in11 spection’’ and inserting ‘‘under the terms of a con12 tract for the conduct of any functions’’; and

13 (3) in subsection (d)—

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

15 the following: ‘‘or supervised under a contractual

16 arrangement’’; and

17 (B) by inserting after ‘‘including persons

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

19 contractual arrangement’’.

20 SEC. 7. PROHIBITED ACTS.

21 Section 13(a)(11) of the United States Grain Stand22 ards Act (7 U.S.C. 87b(a)) is amended to read as follows:

23 ‘‘(11) violate section 5, 6, 7, 7A, 7B, 8, 11, 12, 16,

24 or 17A;’’.
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1 SEC. 8. CRIMINAL PENALTIES.

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

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

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

5 be subject to imprisonment for not more than twelve

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

7 imprisonment and fine; but, for each subsequent offense sub8 ject to this subsection, such person’’.

9 SEC. 9. EQUIPMENT TESTING AND OTHER SERVICES.

10 Section 16 of the United States Grain Standards Act

11 (7 U.S.C. 87e) is amended—

12 (1) in subsection (b), by striking the third sen13 tence; and

14 (2) by adding at the end the following new sub15 sections:

16 ‘‘(g) TESTING OF CERTAIN WEIGHING EQUIPMENT.—

17 (1) Subject to paragraph (2), the Administrator may pro18 vide for the testing of weighing equipment used for purposes

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

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

21 Administrator may prescribe; and

22 ‘‘(B) for a reasonable fee established by regula23 tion or contractual agreement and sufficient to cover,

24 as nearly as practicable, the estimated costs of the

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

2 conflict with or impede the objectives specified in section

3 2.

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

5 (1) Subject to paragraph (2), the Administrator may pro6 vide for the testing of grain inspection instruments used

7 for commercial inspection. The testing shall be performed—

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

9 Administrator may prescribe; and

10 ‘‘(B) for a reasonable fee that is established by

11 regulation or contractual agreement and is sufficient

12 to cover, as nearly as practicable, the estimated costs

13 of the testing performed.

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

15 conflict with or impede the objectives specified in section

16 2.

17 ‘‘(i) ADDITIONAL FOR FEE SERVICES.—(1) In accord18 ance with such regulations as the Administrator may pro19 vide, the Administrator may perform such other services as

20 the Administrator considers to be appropriate.

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

22 7A, 7B, 17A, and this section, the Administrator shall col23 lect reasonable fees to cover the estimated costs of services

24 performed under paragraph (1) other than standardization,

25 compliance, and foreign monitoring activities.
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1 ‘‘(3) To the extent practicable, the fees collected under

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

3 any samples, shall cover the costs, including administrative

4 and supervisory costs, of services performed under para5 graph (1).

6 ‘‘(j) DEPOSIT OF FEES.—Fees collected under sub7 sections (g), (h), and (i) shall be deposited into the fund

8 created under section 7(j).

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

10 extend appropriate courtesies to official representatives of

11 foreign countries in order to establish and maintain rela12 tionships to carry out the policy stated in section 2. No

13 gift offered pursuant to this subsection shall exceed 20 dol14 lars in value.’’.

15 SEC. 10. VIOLATION OF SUBPOENA.

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

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

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

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

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

21 fine’’.

22 SEC. 11. STANDARDIZING COMMERCIAL INSPECTIONS.

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

24 Act (7 U.S.C. 87k(a)) is amended by striking ‘‘and the Na25 tional Conference on Weights and Measures’’ and inserting
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1 ‘‘, the National Conference on Weights and Measures, or

2 other appropriate governmental, scientific, or technical or3 ganizations’’.

4 SEC. 12. ELIMINATION OF GENDER REFERENCES.

5 (a) REFERENCES TO HIS.—(1) Section 3 of the United

6 States Grain Standards Act (7 U.S.C. 75) is amended—

7 (A) in subsection (a), by striking ‘‘his delegates’’

8 and inserting ‘‘a delegate of the Secretary’’; and

9 (B) in subsection (z), by striking ‘‘his delegates’’

10 and inserting ‘‘a delegate of the Administrator’’.

11 (2) Sections 4(a), 7(b), 7(e)(2), 12(b), and 13(a)(2) of

12 such Act (7 U.S.C. 76(a), 79(b), 79(e)(2), 87a(b), and

13 87b(a)(2)) are each amended by striking ‘‘his’’ and insert14 ing ‘‘the Administrator’s’’.

15 (3) Section 5(a)(1) of such Act (7 U.S.C. 77(a)(1)) is

16 amended by striking ‘‘his agent’’ and inserting ‘‘the ship17 per’s agent’’.

18 (4) Section 9 of such Act (7 U.S.C. 85) is amended

19 in the first sentence by striking ‘‘his license’’ and inserting

20 ‘‘the license’’.

21 (5) Sections 13(a)(7), 15, and 17(e) of such Act (7

22 U.S.C. 87b(a)(7), 87d, and 87f(e)) are each amended by

23 striking ‘‘his’’ and inserting ‘‘the person’s’’.
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1 (6) Section 13(a)(8) of such Act (7 U.S.C. 87b(a)(8))

2 is amended by striking ‘‘his duties’’ and inserting ‘‘the du3 ties of the officer, employee, or inspection personnel’’.

4 (b) REFERENCES TO HIM.—(1) Section 8(a) of such

5 Act (7 U.S.C. 84(a)) is amended in the first sentence by

6 striking ‘‘him’’ and inserting ‘‘the Administrator’’.

7 (2) Section 9 of such Act (7 U.S.C. 85) is amended

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

9 (c) REFERENCES TO HE.—(1) Sections 5(b), 7(a),

10 7(b), 7(e)(2), 7A(e), 7B(a), 8(c), 8(f), 10(a), 11(a), 11(b)(5),

11 12(c), and 14(b) of such Act (7 U.S.C. 77(b), 79(a), 79(b),

12 79(e)(2), 79a(e), 79b(a), 84(c), 84(f), 86(a), 87(a), 87(b)(5),

13 87a(c), and 87c(b)), are each amended by striking ‘‘he’’ each

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

15 (2) Sections 10(b), 13(a)(9), 14(a), and 17A(c) of such

16 Act (7 U.S.C. 86(b), 87b(a)(9), 87c(a), and 87f–1(c)) are

17 each amended by striking ‘‘he’’ and inserting ‘‘the person’’.

18 (3) Sections 11(B)(1) and 17A(a)(2) of such Act (7

19 U.S.C. 87(b)(1) and 87f–1(a)(2)) are each amended by

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

21 SEC. 13. REPEAL OF TEMPORARY AMENDMENT LANGUAGE;

22 TECHNICAL AMENDMENTS.

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

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

25 102 Stat. 2584) is amended, in the matter preceding para-
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1 graph (1), by striking ‘‘Effective for the period October 1,

2 1988, through September 30, 1993, inclusive, the’’ and in3 serting ‘‘The’’.

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

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

6 is amended—

7 (A) by striking ‘‘(1)’’; and

8 (B) by striking paragraph (2).

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

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

11 ‘‘subsections (a) and (b)’’.

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

13 ADVISORY COMMITTEE.

14 (a) INSPECTION AND SUPERVISORY FEES.—Section

15 7(j) of the United States Grain Standards Act (7 U.S.C.

16 79(l)) is amended by adding at the end the following new

17 paragraph:

18 ‘‘(4) The duties imposed by paragraph (2) on des19 ignated official agencies and State agencies described in

20 such paragraph and the investment authority provided by

21 paragraph (3) shall expire on September 30, 1998. After

22 that date, the fees established by the Administrator pursu23 ant to paragraph (1) shall not cover administrative and

24 supervisory costs related to the official inspection of grain.’’.
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1 (b) WEIGHING AND SUPERVISORY FEES.—Section

2 7A(l) of such Act (7 U.S.C. 79a(l)) is amended by adding

3 at the end the following new paragraph:

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

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

6 on agencies and other persons described in such paragraph

7 shall expire on September 30, 1998. After that date, the Ad8 ministrator shall, under such regulations as the Adminis9 trator may prescribe, charge and collect reasonable fees to

10 cover the estimated costs of official weighing and super11 vision of weighing except when the official weighing or su12 pervision of weighing is performed by a designated official

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

14 fees authorized by this paragraph shall, as nearly as prac15 ticable, cover the costs of the Service incident to its perform16 ance of official weighing and supervision of weighing serv17 ices in the United States and on United States grain in

18 Canadian ports, excluding administrative and supervisory

19 costs. The fees authorized by this paragraph shall be depos20 ited into a fund which shall be available without fiscal year

21 limitation for the expenses of the Service incident to provid22 ing services under this Act.’’.

23 (c) TERMINATION OF ADVISORY COMMITTEE.—Section

24 21 of such Act (7 U.S.C. 87j) is amended by adding at the

25 end the following new subsection:
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1 ‘‘(e) TERMINATION.—The advisory committee shall ter2 minate on September 30, 1998.’’.

3 SEC. 15. EFFECTIVE DATES.

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

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

6 the date of the enactment of this Act.

7 (b) SPECIAL EFFECTIVE DATE FOR CERTAIN PROVI8 SIONS.—The amendments made by sections 2, 3, and 13(a)

9 shall take effect as of the earlier of—

10 (1) September 30, 1993; or

11 (2) the date of the enactment of this Act.

Amend the title so as to read: ‘‘A bill 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.’’.