United States Grain Standards Act Reauthorization Act of 2015

To reauthorize the United States Grain Standards Act, and for other purposes. 1. Short title This Act may be cited as the United States Grain Standards Act Reauthorization Act of 2015 2. Reauthorization of United States Grain Standards Act (a) Official inspection and weighing requirements (1) Weighing requirements at export elevators Section 5(a)(2) of the United States Grain Standards Act ( 7 U.S.C. 77(a)(2) intracompany shipments of grain into an export elevator by any mode of transportation, grain transferred into an export elevator by transportation modes other than barge, shipments of grain into an export elevator by any mode of transportation (2) Disruption in grain inspection or weighing Section 5 of the United States Grain Standards Act ( 7 U.S.C. 77 (d) Disruption in grain inspection or weighing In the case of a disruption in official grain inspections or weighings, including if the Secretary waives the requirement for official inspection due to an emergency under subsection (a)(1), the Secretary shall— (1) immediately take such actions as are necessary to address the disruption and resume inspections or weighings; (2) not later than 24 hours after the start of the disruption in inspection or weighing, submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that describes— (A) the disruption; and (B) any actions necessary to address the concerns of the Secretary relating to the disruption so that inspections or weighings may resume; and (3) once the initial report in paragraph (2) has been made, provide daily updates until official inspection or weighing services at the site of disruption have resumed. . (b) Official inspection authority and funding (1) Delegation of official inspection authority Section 7(e)(2) of the United States Grain Standards Act ( 7 U.S.C. 79(e)(2) (A) by striking (2) If the Secretary (2) Delegation of authority to State agencies (A) In general If the Secretary ; (B) in the first sentence— (i) by striking and (A) and (i) (ii) by striking or (B)(i) or (ii)(I) (iii) by striking (ii) (II) (iv) by striking (iii) (III) (C) by adding at the end the following: (B) Certification (i) In general Every 5 years, the Secretary shall certify that each State agency with a delegation of authority is meeting the criteria described in subsection (f)(1)(A). (ii) Process Not later than 1 year after the date of enactment of the United States Grain Standards Act Reauthorization Act of 2015 (I) publish in the Federal Register notice of intent to certify a State agency and provide a 30-day period for public comment; (II) evaluate the public comments received and, in accordance with paragraph (3), conduct an investigation to determine whether the State agency is qualified; (III) make findings based on the public comments received and investigation conducted; and (IV) publish in the Federal Register a notice announcing whether the certification has been granted and describing the basis on which the Secretary made the decision. (C) State agency requirements (i) In general If a State agency that has been delegated authority under this paragraph intends to temporarily discontinue official inspection or weighing services for any reason, except in the case of a major disaster, the State agency shall notify the Secretary in writing of the intention of the State agency to do so at least 72 hours in advance of the discontinuation date. (ii) Secretarial consideration The Secretary shall consider receipt of a notice described in clause (i) as a factor in administering the delegation of authority under this paragraph. . (2) Consultation Section 7(f)(1) of the United States Grain Standards Act ( 7 U.S.C. 79(f)(1) (A) in subparagraph (A)(xi), by striking and (B) in subparagraph (B), by striking the period at the end and inserting ; and (C) by adding at the end the following: (C) the Secretary— (i) periodically conducts a consultation with the customers of the applicant, in a manner that provides opportunity for protection of the identity of the customer if desired by the customer, to review the performance of the applicant with regard to the provision of official inspection services and other requirements of this Act; and (ii) works with the applicant to address any concerns identified during the consultation process. . (3) Duration of designation authority Section 7(g)(1) of the United States Grain Standards Act ( 7 U.S.C. 79(g)(1) triennially every 5 years (4) Fees Section 7(j) of the United States Grain Standards Act ( 7 U.S.C. 79(j)(1) (A) by striking (j)(1) The Secretary (j) Fees (1) Inspection fees (A) In general The Secretary ; (B) in paragraph (1)— (i) the second sentence, by striking The fees (B) Amount of fees The fees ; (ii) in the third sentence, by striking Such fees (C) Use of fees Fees described in this paragraph ; and (iii) by adding at the end the following: (D) Export tonnage fees For an official inspection at an export facility performed by the Secretary, the portion of the fees based on export tonnage shall be based on the rolling 5-year average of export tonnage volumes. ; (C) by redesignating paragraph (4) as paragraph (5); (D) by inserting after paragraph (3) the following: (4) Adjustment of fees In order to maintain an operating reserve of not less than 3 and not more than 6 months, the Secretary shall adjust the fees described in paragraphs (1) and (2) not less frequently than annually. ; and (E) in paragraph (5) (as redesignated by subparagraph (C)), in the first sentence, by striking 2015 2020 (c) Weighing authority Section 7A of the United States Grain Standards Act ( 7 U.S.C. 79a (1) in subsection (c)(2), in the last sentence, by striking subsection (g) of section 7 subsections (e) and (g) of section 7 (2) in subsection ( l (A) by striking (l)(1) The Secretary (l) Fees (1) Weighing fees (A) In general The Secretary ; (B) in paragraph (1)— (i) the second sentence, by striking The fees (B) Amount of fees The fees ; (ii) in the third sentence, by striking Such fees (C) Use of fees Fees described in this paragraph ; and (iii) by adding at the end the following: (D) Export tonnage fees For an official weighing at an export facility performed by the Secretary, the portion of the fees based on export tonnage shall be based on the rolling 5-year average of export tonnage volumes. ; (C) by redesignating paragraph (3) as paragraph (4); (D) by inserting after paragraph (2) the following: (3) Adjustment of fees In order to maintain an operating reserve of not less than 3 and not more than 6 months, the Secretary shall adjust the fees described in paragraphs (1) and (2) not less frequently than annually. ; and (E) in paragraph (4) (as redesignated by subparagraph (C)), in the first sentence, by striking 2015 2020 (d) Limitation and administrative and supervisory costs Section 7D of the United States Grain Standards Act ( 7 U.S.C. 79d 2015 2020 (e) Issuance of authorization Section 8(b) of the United States Grain Standards Act ( 7 U.S.C. 84(b) triennially every 5 years (f) Appropriations Section 19 of the United States Grain Standards Act ( 7 U.S.C. 87h 2015 2020 (g) Advisory committee Section 21(e) of the United States Grain Standards Act ( 7 U.S.C. 87j(e) 2015 2020 3. Report on disruption in Federal inspection of grain exports Not later than 180 days after the date of enactment of this Act, the Secretary of Agriculture shall submit to the Committee on Agriculture, Nutrition, and Forestry of the Senate, the Committee on Agriculture of the House of Representatives, the Subcommittee on Agriculture, Rural Development, Food and Drug Administration, and Related Agencies of the Committee on Appropriations of the Senate, and the Subcommittee on Agriculture, Rural Development, Food and Drug Administration, and Related Agencies of the Committee on Appropriations of the House of Representatives a report that describes— (1) the specific factors that led to disruption in Federal inspection of grain exports at the Port of Vancouver in the summer of 2014; (2) any factors that contributed to the disruption referred to in paragraph (1) that were unique to the Port of Vancouver, including a description of the port facility, security needs and available resources for that purpose, and any other significant factors as determined by the Secretary; and (3) any changes in policy that the Secretary has implemented to ensure that a similar disruption in Federal inspection of grain exports at the Port of Vancouver or any other location does not occur in the future. 4. Report on policy barriers to grain producers Not later than 180 days after the date of enactment of this Act, the Secretary of Agriculture, in consultation with the United States Trade Representative, shall submit to the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Agriculture of the House of Representatives a report that describes— (1) the policy barriers to United States grain producers in countries the grain of which receives official grading in the United States but which do not offer official grading for United States grain or provide only the lowest designation for United States grain, including an analysis of possible inconsistencies with trade obligations; and (2) any actions the Executive Branch is taking to remedy the policy barriers so as to put United States grain producers on equal footing with grain producers in countries imposing the barriers. May 21, 2015 Read twice and placed on the calendar

Summary: United States Grain Standards Act Reauthorization Act of 2015 This bill reauthorizes and amends provisions of the United States Grain Standards Act. The Act authorizes the Department of Agriculture (USDA) to establish official marketing standards for grains, and to provide procedures for grain inspection and weighing. The bill reauthorizes several expiring provisions through FY2020, establishes procedures in the event of an interruption of inspection and weighing services, revises the process for delegating inspections to state agencies, and revises fees for inspection and weighing services. (Sec. 2) The bill provides that transfers of grain into an export elevator by any mode of transportation are not required to be officially weighed. In the case of a disruption in official grain inspection or weighing services, the bill requires USDA to immediately take the actions necessary to address the disruption and resume services. USDA must also report to Congress on the disruption and provide daily updates until services have resumed. The bill ends the permanent delegation to state agencies to carry out export inspection and weighing services. Every five years, USDA must certify that each state agency with a delegation of authority is meeting specified criteria. The certification process must include public notice and a comment period. State agencies that have been delegated authority and intend to temporarily discontinue official inspection or weighing services, except in the case of a major disaster, must notify USDA in advance. In order to review the performance of states, local agencies, and individuals that have applied to perform official inspections other than at export port locations, USDA must periodically consult with customers of the applicant and work with the applicant to address any concerns. The bill extends the duration of licenses for inspectors from three to five years. Designations of official agencies terminate at a time specified by USDA that is no later than every five years. The bill changes the fee calculation for inspection and weighing services and extends the authority to collect fees through FY2020. The bill extends the limitation on total administrative and supervisory costs, the authorization of appropriations, and the authorization of the advisory committee through FY2020. (Sec. 3) USDA must report to Congress on the disruption in federal inspection of grain exports at the Port of Vancouver in the summer of 2014. The report must include factors that led or contributed to the disruption and changes in policy USDA has implemented to ensure that a similar disruptions does not occur in the future. (Sec. 4) USDA must report to Congress on policy barriers to U.S. grain producers in countries that: (1) produce grain that receives official grading in the United States, and (2) do not offer official grading for U.S. grain or provide only the lowest designation for U.S. grain.