I 
109TH CONGRESS 
1ST SESSION H. R. 3421 
To reauthorize the United States Grain Standards Act, to facilitate the 
official inspection at export port locations of grain required or authorized 
to be inspected under such Act, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 25, 2005 
Mr. MORAN of Kansas introduced the following bill; which was referred to the 
Committee on Agriculture 
A BILL 
To reauthorize the United States Grain Standards Act, to 
facilitate the official inspection at export port locations 
of grain required or authorized to be inspected under 
such Act, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. REAUTHORIZATION OF UNITED STATES GRAIN 
STANDARDS ACT. 
(a) INSPECTION AND SUPERVISORY FEES.—Section 
7(j)(4) of the United States Grain Standards Act (7 
U.S.C. 79(j)(4)) is amended by striking ‘‘September 30, 
2005’’ and inserting ‘‘September 30, 2010’’.
(b) WEIGHING AND SUPERVISORY FEES.—Section 
7A(l)(3) of such Act (7 U.S.C. 79a(l)(3)) is amended by 
striking ‘‘September 30, 2005’’ and inserting ‘‘September 
30, 2010’’. 
(c) LIMITATION ON ADMINISTRATIVE AND SUPER-
VISORY COSTS.—Section 7D of such Act (7 U.S.C. 79d) 
is amended by striking ‘‘2005’’ and inserting ‘‘2010’’. 
(d) AUTHORIZATION OF APPROPRIATIONS.—Section 
19 of such Act (7 U.S.C. 87h) is amended by striking 
‘‘2005’’ and inserting ‘‘2010’’. 
(e) ADVISORY COMMITTEE.—Section 21(e) of such 
Act (7 U.S.C. 87j) is amended by striking ‘‘September 30, 
2005’’ and inserting ‘‘September 30, 2010’’. 
(f) EFFECTIVE DATE.—The amendments made by 
this section shall take effect as of September 30, 2005. 
SEC. 2. PERFORMANCE OF OFFICIAL INSPECTION AND 
WEIGHING ACTIVITIES AT EXPORT PORT LO-
CATIONS OF GRAIN UNDER UNITED STATES 
GRAIN STANDARDS ACT. 
(a) OFFICIAL INSPECTION AUTHORITY AND FUND-
ING.—Section 7 of the United States Grain Standards Act 
(7 U.S.C. 79) is amended— 
(1) in subsection (e)—
(A) by striking ‘‘(e)(1) Except as otherwise 
provided in paragraph (2) of this subsection’’ 
and inserting the following: 
‘‘(e) OFFICIAL INSPECTION AT EXPORT PORT LOCA-
TIONS; USE OF STATE AGENCIES AND PRIVATE ENTI-
TIES.— 
‘‘(1) IN GENERAL.—Except as otherwise pro-
vided in paragraphs (2) and (3)’’; and 
(B) by striking paragraph (3) and insert-
ing the following: 
‘‘(3) USE OF PRIVATE ENTITIES.— 
‘‘(A) IN GENERAL.—If the Secretary deter-
mines that a person or private entity is quali-
fied to perform official inspection and meets the 
criteria of subsection (f)(1)(A), the Secretary 
may use the person or private entity to perform 
all or specified functions involved in official in-
spection (other than appeal inspection and such 
other functions as may be specified in the regu-
lations prescribed under subparagraph (B)) at 
export port locations. 
‘‘(B) REQUIREMENTS.— 
‘‘(i) REGULATIONS.—A person or pri-
vate entity described in subparagraph (A) 
shall be subject to such rules, regulations,
instructions, and oversight as the Sec-
retary may prescribe. 
‘‘(ii) 
RESPONSIBILITY
OF
SEC-
RETARY.—Notwithstanding the use of per-
sons or private entities to perform specified 
functions involved in official inspections at 
export port locations, official inspection 
shall continue to be the direct responsi-
bility of the Secretary. 
‘‘(C) TERMINATION.—The use of a person 
or private entity to perform official inspections 
at an export port location under subparagraph 
(A)— 
‘‘(i) shall terminate at the such time 
as specified by the Secretary, but not later 
than the date that is three years after the 
date of the initial performance of official 
inspections by the person or private entity 
at the export port location; and 
‘‘(ii) may be terminated by the Sec-
retary, at the discretion of the Secretary, 
at any time after notice to the person or 
private entity without opportunity for a 
hearing.
‘‘(D) RENEWAL.—The use of a person or 
private entity to perform official inspections at 
an export port location under subparagraph (A) 
may be renewed in accordance with the regula-
tions prescribed under subparagraph (B). 
‘‘(E) 
REPORTING
REQUIREMENT.—Not 
later than February 15 of each even-numbered 
year, the Secretary shall submit to Congress a 
report detailing the Secretary’s use of the au-
thority provided by subparagraph (A), during 
the preceding two-year period, to contract with 
persons or private entities to perform official in-
spections at export port locations. Each report 
shall identify each export port location at which 
the persons and private entities are used, the 
number of official inspection personnel utilized, 
and the types of official inspection and official 
weighing functions performed.’’; 
(2) in subsection (f)— 
(A) in paragraph (1)— 
(i) in the matter preceding subpara-
graph (A)— 
(I) by inserting ‘‘or private enti-
ty’’ after ‘‘or any person’’; and
(II) by striking ‘‘or person’’ and 
inserting ‘‘, person, or private entity’’; 
and 
(ii) in the matter preceding clause (i) 
of subparagraph (A), by striking ‘‘or per-
son’’ each place it appears and inserting ‘‘, 
person, or private entity’’; and 
(B) in paragraph (4), by striking ‘‘or per-
son’’ and inserting ‘‘, person, or private entity’’; 
and 
(3) in subsection (j)— 
(A) in the first sentence of paragraph (2), 
by inserting ‘‘and private entity’’ after ‘‘each 
State agency’’; and 
(B) in the first sentence of paragraph (4), 
by striking ‘‘and State agencies’’ and inserting 
‘‘and delegated State agencies and private enti-
ties’’. 
(b) WEIGHING
AUTHORITY.—Section 7A of the 
United States Grain Standards Act (7 U.S.C. 79a) is 
amended— 
(1) in subsection (c)(2)— 
(A) in the first sentence— 
(i) by inserting ‘‘or private entity’’ 
after ‘‘to the State agency’’; and
(ii) by striking ‘‘agency or person’’ 
each place it appears and inserting ‘‘agen-
cy, private entity, or person’’; and 
(B) in the second sentence— 
(i) by striking ‘‘agency or person’’ 
each place it appears and inserting ‘‘agen-
cy, private entity, or person’’; 
(ii) by inserting ‘‘or private entity’’ 
after ‘‘any person’’; and 
(iii) by striking ‘‘agency, or person’’ 
and inserting ‘‘agency, private entity, or 
person’’; 
(2) in subsection (h), by striking ‘‘agency or 
person’’ and inserting ‘‘agency, private entity, or 
person’’; 
(3) in subsection (i)— 
(A) in paragraph (1), by striking ‘‘agency 
or person’’ and inserting ‘‘agency, private enti-
ty, or person’’; and 
(B) in paragraph (2), by striking ‘‘or State 
agency’’ and inserting ‘‘, State agency, or pri-
vate entity’’; and 
(4) in subsection (l)— 
(A) in the first sentence of paragraph 
(2)—
(i) by striking ‘‘Each agency’’ and in-
serting ‘‘Each agency or private entity’’; 
(ii) by inserting ‘‘, private entity,’’ 
after ‘‘each agency’’; 
(iii) by inserting ‘‘or private entity’’ 
after ‘‘the agency’’; and 
(iv) by inserting ‘‘and private entities’’ 
after ‘‘such agencies’’; and 
(B) in paragraph (3)— 
(i) in the first sentence, by inserting 
‘‘, private entities,’’ after ‘‘on agencies’’; 
and 
(ii) in the second sentence, by insert-
ing ‘‘or private entity’’ after ‘‘by a State’’. 
(c) LICENSES AND AUTHORIZATIONS.—Section 8(g) 
of the United States Grain Standards Act (7 U.S.C. 
84(g)) is amended— 
(1) by inserting ‘‘or private entities’’ after 
‘‘State agencies’’; and 
(2) by inserting ‘‘or private entities’’ after ‘‘all 
persons’’. 
SEC. 3. INAPPLICABILITY OF GEOGRAPHIC BOUNDARIES 
FOR DESIGNATED OFFICIAL AGENCIES. 
(a) OFFICIAL INSPECTION.—Subsection (f) of section 
7 of such Act (7 U.S.C. 79) is amended—