United States Grain Standards Reauthorization Act of 2020
PL 116-216 (S.4054), enacted 12/11/2020

[116th Congress Public Law 216]
[From the U.S. Government Publishing Office]



[[Page 1047]]

        UNITED STATES GRAIN STANDARDS REAUTHORIZATION ACT OF 2020

[[Page 134 STAT. 1048]]

Public Law 116-216
116th Congress

                                 An Act


 
  To reauthorize the United States Grain Standards Act, and for other 
             purposes. <<NOTE: Dec. 11, 2020 -  [S. 4054]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: United States 
Grain Standards Reauthorization Act of 2020.>> 
SECTION 1. <<NOTE: 7 USC 71 note.>>  SHORT TITLE.

    This Act may be cited as the ``United States Grain Standards 
Reauthorization Act of 2020''.
SEC. 2. NOTIFICATION OF DISCONTINUANCE OF SERVICES BY STATE 
                    AGENCIES.

    Section 7 of the United States Grain Standards Act (7 U.S.C. 79) is 
amended--
            (1) in subsection (e)(2)(C)(i), by inserting ``and affected 
        customers or applicants for service of official inspection or 
        weighing services provided by the State agency'' after ``notify 
        the Secretary''; and
            (2) in subsection (j)(5), in the first sentence, by striking 
        ``2020'' and inserting ``2025''.
SEC. 3. WEIGHING AUTHORITY.

    Section 7A(l)(4) of the United States Grain Standards Act (7 U.S.C. 
79a(l)(4)) is amended in the first sentence by striking ``2020'' and 
inserting ``2025''.
SEC. 4. LIMITATION ON ADMINISTRATIVE AND SUPERVISORY COSTS.

    Section 7D of the United States Grain Standards Act (7 U.S.C. 79d) 
is amended by striking ``2020'' and inserting ``2025''.
SEC. 5. REPORTING REQUIREMENTS.

    Section 17B of the United States Grain Standards Act (7 U.S.C. 87f-
2) is amended by adding at the end the following:
    ``(d) Enhancement of Current Reporting.--
            ``(1) Increased frequency of inspection program data 
        reporting.--
                    ``(A) <<NOTE: Publication.>>  In general.--Beginning 
                not later than 1 year after the date of enactment of 
                this subsection, the Secretary shall publish quarterly 
                reports describing data from the tests and inspections 
                for intrinsic quality factors (including protein, oil, 
                and starch) and food safety factors, as reported, in the 
                aggregate, for fiscal years 2014 through 2018 in the 
                tables in section V (relating to providing official 
                grain inspection and weighing services) of the 2016 
                through 2018 annual reports to Congress by the Federal 
                Grain Inspection Service.

[[Page 134 STAT. 1049]]

                    ``(B) Delineation.--The data from the tests and 
                inspections under subparagraph (A) shall be delineated 
                to reflect whether the tests and inspections were 
                requested of or performed by--
                          ``(i) the Secretary; or
                          ``(ii) a State agency delegated authority 
                      under section 7 or 7A or an official agency.
            ``(2) <<NOTE: Publication.>>  Exceptions and waivers.--
        Beginning not later than 1 year after the date of enactment of 
        this subsection, the Secretary shall publish quarterly reports 
        describing--
                    ``(A) the number of exceptions requested under 
                section 7(f)(2)(B);
                    ``(B) the number of exceptions granted under section 
                7(f)(2)(B);
                    ``(C) the number of waivers requested under section 
                5(a)(1); and
                    ``(D) the number of waivers granted under section 
                5(a)(1).

    ``(e) <<NOTE: State and local governments.>>  Additional Reporting; 
Consultation.--The Secretary may, to the extent determined appropriate 
by the Secretary, in consultation with State agencies delegated 
authority under sections 7 and 7A, official agencies, and the grain 
industries described in the second sentence of section 21(a), publish--
            ``(1) data relating to testing for other intrinsic quality 
        or food safety factors; and
            ``(2) other data collected from inspection and weighing 
        activities conducted under this Act.

    ``(f) Protection of Confidential Business Information.--Any trade 
secrets or information described in section 552(b)(4) of title 5, United 
States Code, that is provided to or collected by the Secretary in 
carrying out subsection (d) or (e) shall not be included in a report 
under subsection (d) or (e) or otherwise publicly disclosed.''.
SEC. 6. APPROPRIATIONS.

    Section 19 of the United States Grain Standards Act (7 U.S.C. 87h) 
is amended--
            (1) by striking the section heading and designation and all 
        that follows through ``There are hereby'' and inserting the 
        following:
``SEC. 19. FUNDING.

    ``(a) Authorization of Appropriations.--There are'';
            (2) in subsection (a) (as so designated)--
                    (A) by striking ``such sums as are necessary'' and 
                inserting ``$23,000,000''; and
                    (B) by striking ``1988 through 2020'' and inserting 
                ``2021 through 2025''; and
            (3) by adding at the end the following:

    ``(b) Limitations on Uses of User Fees.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Official inspection or weighing service.--The 
                term `official inspection or weighing service' means 
                official inspection, official weighing, supervision of 
                weighing, supervision of agency personnel, supervision 
                of the field office personnel of the Secretary, testing 
                of equipment or instruments, other services, or 
                registration, the cost to the Secretary of which is 
                authorized to be covered by the

[[Page 134 STAT. 1050]]

                collection of a user fee pursuant to section 7, 7A, 7B, 
                16, or 17A, as applicable.
                    ``(B) User fee.--The term `user fee' means a fee 
                collected by the Secretary under section 7, 7A, 7B, 16, 
                or 17A.
            ``(2) Requirement.--A user fee--
                    ``(A) shall be used solely to cover--
                          ``(i) the cost to the Secretary for carrying 
                      out official inspection or weighing services; and
                          ``(ii) administrative costs to the Secretary 
                      directly relating to official inspection or 
                      weighing services; and
                    ``(B) shall not be used for--
                          ``(i) activities relating to the development 
                      or maintenance of grain standards; or
                          ``(ii) any other activity that is not directly 
                      related to the performance of official inspection 
                      or weighing services.''.
SEC. 7. ADVISORY COMMITTEE.

    Section 21 of the United States Grain Standards Act (7 U.S.C. 87j) 
is amended--
            (1) in subsection (a), in the last sentence, by striking 
        ``successive terms'' and inserting ``successively for more than 
        2 terms''; and
            (2) in subsection (e), by striking ``2020'' and inserting 
        ``2025''.
SEC. 8. REVIEW OF GEOGRAPHIC BOUNDARIES FOR OFFICIAL AGENCIES.

    (a) Definitions.--In this section:
            (1) Grain handling facility.--The term ``grain handling 
        facility'' means a grain elevator, warehouse, or other storage 
        or handling facility.
            (2) Official agency geographic area.--The term ``official 
        agency geographic area'' means a geographic area for an official 
        agency, as defined by the Secretary under section 7(f)(2)(A) or 
        7A(i)(2)(A) of the United States Grain Standards Act (7 U.S.C. 
        79(f)(2)(A), 79a(i)(2)(A)).
            (3) United states grain standards act terms.--The terms 
        ``grain'', ``official agency'', ``official inspection'', 
        ``officially inspected'', ``official weighing'', ``supervision 
        of weighing'', and ``Secretary'' have the meanings given the 
        terms in section 3 of the United States Grain Standards Act (7 
        U.S.C. 75).

    (b) Review.--
            (1) In general.--The Secretary shall conduct a comprehensive 
        nationwide review of the official agency geographic areas.
            (2) Considerations.--In conducting the review under 
        paragraph (1), the Secretary shall take into consideration--
                    (A) <<NOTE: Time period.>>  the number of grain 
                handling facilities, both within the official agency 
                geographic areas and in areas that are not official 
                agency geographic areas, that currently use, or, during 
                the 5-year period preceding the date of submission of 
                the report under subsection (c), received service from, 
                an official agency that provides official inspection, 
                official weighing, supervision of weighing, or other 
                services under the United States Grain Standards Act (7 
                U.S.C. 71 et seq.);

[[Page 134 STAT. 1051]]

                    (B) the volume of grain for which official agencies 
                provide services at grain handling facilities within the 
                official agency geographic areas;
                    (C) the number of official inspections of vessels 
                and other carriers within the official agency geographic 
                areas;
                    (D) other related services performed by official 
                agencies at grain handling facilities within the 
                official agency geographic areas;
                    (E) the timeliness, accuracy, and appropriateness of 
                services performed by official agencies at grain 
                handling facilities within the official agency 
                geographic areas;
                    (F) fees charged by official agencies for services 
                performed under the United States Grain Standards Act (7 
                U.S.C. 71 et seq.), including grading, weighing, 
                sampling, stowage examination, and certification; and
                    (G) any implications of modifications to the 
                official agency geographic areas on enhancing official 
                inspection, official weighing, and supervision of 
                weighing in the domestic market.

    (c) Report.--Not later than 18 months after the date of enactment of 
this Act, the Secretary shall submit to the Committee on Agriculture of 
the House of Representatives and the Committee on Agriculture, 
Nutrition, and Forestry of the Senate a report containing--
            (1) the results of the review completed under subsection 
        (b); and
            (2) <<NOTE: Recommenda- tions.>>  any recommendations with 
        respect to those results that the Secretary determines 
        appropriate.
SEC. 9. TECHNICAL CORRECTION.

    Section 4(a)(1) of the United States Grain Standards Act (7 U.S.C. 
76(a)(1)) is amended by striking ``soybeans mixed'' and inserting 
``soybeans, mixed''.

    Approved December 11, 2020.

LEGISLATIVE HISTORY--S. 4054:
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CONGRESSIONAL RECORD, Vol. 166 (2020):
            Nov. 16, considered and passed Senate.
            Dec. 2, considered and passed House.

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