[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 1490 Enrolled Bill (ENR)]

        S.1490
                       One Hundred Third Congress

                                 of the

                        United States of America


                          AT THE FIRST SESSION

          Begun and held at the City of Washington on Tuesday,
  the fifth day of January, one thousand nine hundred and ninety-three


                                 An Act

  
 
  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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``United States Grain 
Standards Act Amendments of 1993''.
    (b) Table of Contents.--The table of contents for 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. Pilot program for performing inspection and weighing at interior 
          locations.
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-based references.
Sec. 13. Repeal of temporary amendment language; technical amendments.
Sec. 14. Authority to collect fees; termination of advisory committee.
Sec. 15. Comprehensive cost containment plan.
Sec. 16. Effective dates.

SEC. 2. LIMITATION ON ADMINISTRATIVE AND SUPERVISORY COSTS.

    Section 7D of the United States Grain Standards Act (7 U.S.C. 79d) 
is amended--
        (1) by striking ``inspection and weighing'' and inserting 
    ``services performed''; and
        (2) by striking ``1993'' and inserting ``2000''.

SEC. 3. AUTHORIZATION OF APPROPRIATIONS.

    (a) Reauthorization.--Section 19 of the United States Grain 
Standards Act (7 U.S.C. 87h) is amended by striking ``during the period 
beginning October 1, 1988, and ending September 30, 1993'' and inserting 
``1988 through 2000''.
    (b) Limitation.--Such section is further amended by striking ``and 
17A of this Act'' and inserting ``7B, 16, and 17A''.

SEC. 4. INSPECTION AND WEIGHING FEES; INSPECTION AND WEIGHING IN 
              CANADIAN PORTS.

    (a) Inspection Authority.--Section 7 of the United States Grain 
Standards Act (7 U.S.C. 79) is amended--
        (1) in subsection (f)(1)(A)(vi), by striking ``or other 
    agricultural programs operated by'' and inserting ``of''; and
        (2) in the second sentence of subsection (i), by inserting 
    before the period at the end ``or as otherwise provided by agreement 
    with the Canadian Government''.
    (b) Weighing Authority.--Section 7A of such Act (7 U.S.C. 79a) is 
amended--
        (1) in the second sentence of subsection (c)(2), by inserting 
    after ``shall be deemed to refer to'' the words ```official 
    weighing' or'';
        (2) in the second sentence of subsection (d), by inserting 
    before the period at the end ``or as otherwise provided by agreement 
    with the Canadian Government''; and
        (3) in the first sentence of subsection (i), by inserting before 
    the period at the end ``or as otherwise provided in section 7(i) and 
    subsection (d)''.

SEC. 5. PILOT PROGRAM FOR PERFORMING INSPECTION AND WEIGHING AT INTERIOR 
              LOCATIONS.

    (a) Inspection Authority.--Section 7(f)(2) of the United States 
Grain Standards Act (7 U.S.C. 79(f)(2)) is amended by inserting before 
the period at the end ``, except that the Administrator may conduct 
pilot programs to allow more than 1 official agency to carry out 
inspections within a single geographical area without undermining the 
policy stated in section 2''.
    (b) Weighing Authority.--The second sentence of section 7A(i) of 
such Act (7 U.S.C. 79a(i)) is amended by inserting before the period at 
the end ``, except that the Administrator may conduct pilot programs to 
allow more than 1 official agency to carry out the weighing provisions 
within a single geographic area without undermining the policy stated in 
section 2''.

SEC. 6. LICENSING OF INSPECTORS.

    Section 8 of the United States Grain Standards Act (7 U.S.C. 84) is 
amended--
        (1) in subsection (a)--
            (A) in paragraph (1) of the first sentence, by inserting 
        after ``and is employed'' the phrase ``(or is supervised under a 
        contractual arrangement)''; and
            (B) in the second sentence, by striking ``No person'' and 
        inserting ``Except as otherwise provided in sections 7(i) and 
        7A(d), no person'';
        (2) in the first proviso of subsection (b), by striking 
    ``independently under the terms of a contract for the conduct of any 
    functions involved in official inspection'' and inserting ``under 
    the terms of a contract for the conduct of any functions''; and
        (3) in subsection (d)--
            (A) by inserting after ``Persons employed'' the words ``or 
        supervised under a contractual arrangement''; and
            (B) by inserting after ``including persons employed'' the 
        words ``or supervised under a contractual arrangement''.

SEC. 7. PROHIBITED ACTS.

    Paragraph (11) of section 13(a) of the United States Grain Standards 
Act (7 U.S.C. 87b(a)(11)) is amended to read as follows:
        ``(11) violate section 5, 6, 7, 7A, 7B, 8, 11, 12, 16, or 
    17A;''.

SEC. 8. CRIMINAL PENALTIES.

    Section 14(a) of the United States Grain Standards Act (7 U.S.C. 
87c(a)) is amended by striking ``shall be guilty of a misdemeanor and 
shall, on conviction thereof, be subject to imprisonment for not more 
than twelve months, or a fine of not more than $10,000, or both such 
imprisonment and fine; but, for each subsequent offense subject to this 
subsection, such person''.

SEC. 9. EQUIPMENT TESTING AND OTHER SERVICES.

    Section 16 of the United States Grain Standards Act (7 U.S.C. 87e) 
is amended--
        (1) in subsection (b), by striking the third sentence; and
        (2) by adding at the end the following new subsections:
    ``(g) Testing of Certain Weighing Equipment.--(1) Subject to 
paragraph (2), the Administrator may provide for the testing of weighing 
equipment used for purposes other than weighing grain. The testing shall 
be performed--
        ``(A) in accordance with such regulations as the Administrator 
    may prescribe; and
        ``(B) for a reasonable fee established by regulation or 
    contractual agreement and sufficient to cover, as nearly as 
    practicable, the estimated costs of the testing performed.
    ``(2) Testing performed under paragraph (1) may not conflict with or 
impede the objectives specified in section 2.
    ``(h) Testing of Grain Inspection Instruments.--(1) Subject to 
paragraph (2), the Administrator may provide for the testing of grain 
inspection instruments used for commercial inspection. The testing shall 
be performed--
        ``(A) in accordance with such regulations as the Administrator 
    may prescribe; and
        ``(B) for a reasonable fee established by regulation or 
    contractual agreement and sufficient to cover, as nearly as 
    practicable, the estimated costs of the testing performed.
    ``(2) Testing performed under paragraph (1) may not conflict with or 
impede the objectives specified in section 2.
    ``(i) Additional For Fee Services.--(1) In accordance with such 
regulations as the Administrator may provide, the Administrator may 
perform such other services as the Administrator considers to be 
appropriate.
    ``(2) In addition to the fees authorized by sections 7, 7A, 7B, 17A, 
and this section, the Administrator shall collect reasonable fees to 
cover the estimated costs of services performed under paragraph (1) 
other than standardization and foreign monitoring activities.
    ``(3) To the extent practicable, the fees collected under paragraph 
(2), together with any proceeds from the sale of any samples, shall 
cover the costs, including administrative and supervisory costs, of 
services performed under paragraph (1).
    ``(j) Deposit of Fees.--Fees collected under subsections (g), (h), 
and (i) shall be deposited into the fund created under section 7(j).
    ``(k) Official Courtesies.--The Administrator may extend appropriate 
courtesies to official representatives of foreign countries in order to 
establish and maintain relationships to carry out the policy stated in 
section 2. No gift offered or accepted pursuant to this subsection shall 
exceed $20 in value.''.

SEC. 10. VIOLATION OF SUBPOENA.

    Section 17(e) of the United States Grain Standards Act (7 U.S.C. 
87f(e)) is amended by striking ``the penalties set forth in subsection 
(a) of section 14 of this Act'' and inserting ``imprisonment for not 
more than 1 year or a fine of not more than $10,000 or both the 
imprisonment and fine''.

SEC. 11. STANDARDIZING COMMERCIAL INSPECTIONS.

    Section 22(a) of the United States Grain Standards Act (7 U.S.C. 
87k(a)) is amended by striking ``and the National Conference on Weights 
and Measures'' and inserting ``, the National Conference on Weights and 
Measures, or other appropriate governmental, scientific, or technical 
organizations''.

SEC. 12. ELIMINATION OF GENDER-BASED REFERENCES.

    (a) Section 3 (7 U.S.C. 75) is amended--
        (1) in subsection (a), by striking ``his delegates'' and 
    inserting ``delegates of the Secretary''; and
        (2) in subsection (z), by striking ``his delegates'' and 
    inserting ``delegates of the Administrator''.
    (b) Section 4(a)(1) (7 U.S.C. 76(a)(1)) is amended by striking ``his 
judgment'' and inserting ``the judgment of the Administrator''.
    (c) Section 5 (7 U.S.C. 77) is amended--
        (1) in subsection (a)(1), by striking ``his agent'' and 
    inserting ``the agent of the shipper''; and
        (2) in subsection (b), by striking ``he'' and inserting ``the 
    Administrator''.
    (d) Section 7 (7 U.S.C. 79) is amended--
        (1) in subsection (a), by striking ``he'' and inserting ``the 
    Administrator'';
        (2) in subsection (b)--
            (A) by striking ``he'' and inserting ``the Administrator''; 
        and
            (B) by striking ``his judgment'' and inserting ``the 
        judgment of the Administrator''; and
        (3) in subsection (e)(2)--
            (A) by striking ``he'' and inserting ``the Administrator''; 
        and
            (B) by striking ``his discretion'' and inserting ``the 
        discretion of the Administrator''.
    (e) Section 7A(e) (7 U.S.C. 79a(e)) is amended by striking ``he'' 
and inserting ``the Administrator''.
    (f) Section 7B(a) (7 U.S.C. 79b(a)) is amended by striking ``he'' 
and inserting ``the Administrator''.
    (g) Section 8 (7 U.S.C. 84) is amended--
        (1) in subsection (a), by striking ``him'' and inserting ``the 
    Administrator''; and
        (2) in subsections (c) and (f), by striking ``he'' each place it 
    appears and inserting ``the Administrator''.
    (h) Section 9 (7 U.S.C. 85) is amended--
        (1) by striking ``him'' and inserting ``the licensee''; and
        (2) by striking ``his license'' and inserting ``the license''.
    (i) Section 10 (7 U.S.C. 86) is amended--
        (1) in subsection (a), by striking ``he'' each place it appears 
    and inserting ``the Administrator''; and
        (2) in subsection (b), by striking ``he'' and inserting ``the 
    person''.
    (j) Section 11 (7 U.S.C. 87) is amended--
        (1) in subsection (a), by striking ``he'' and inserting ``the 
    Administrator''; and
        (2) in subsection (b)--
            (A) in paragraph (1), by striking ``he'' and inserting ``the 
        producer''; and
            (B) in paragraph (5), by striking ``he'' each place it 
        appears and inserting ``the Administrator''.
    (k) Section 12 (7 U.S.C. 87a) is amended--
        (1) in subsection (b), by striking ``his judgment'' and 
    inserting ``the judgment of the Administrator''; and
        (2) in subsection (c), by striking ``he'' and inserting ``the 
    Administrator''.
    (l) Section 13(a) (7 U.S.C. 87b(a)) is amended--
        (1) in paragraph (2), by striking ``his representative'' and 
    inserting ``the representative of the Administrator'';
        (2) in paragraphs (7) and (8), by striking ``his duties'' each 
    place it appears and inserting ``the duties of the officer, 
    employee, or other person''; and
        (3) in paragraph (9), by striking ``he'' and inserting ``the 
    person''.
    (m) Section 14 (7 U.S.C. 87c) is amended--
        (1) in subsection (a), by striking ``he'' and inserting ``the 
    person''; and
        (2) in subsection (b), by striking ``he'' each place it appears 
    and inserting ``the Administrator''.
    (n) Section 15 (7 U.S.C. 87d) is amended by striking ``his 
employment or office'' and inserting ``the employment or office of the 
official, agent, or other person''.
    (o) Section 17(e) (7 U.S.C. 87f(e)) is amended by striking ``his 
power'' and inserting ``the power of the person''.
    (p) Section 17A (7 U.S.C. 87f-1) is amended--
        (1) in subsection (a)(2), by striking ``he'' and inserting ``the 
    producer''; and
        (2) in subsection (c), by striking ``he'' and inserting ``the 
    person''.

SEC. 13. REPEAL OF TEMPORARY AMENDMENT LANGUAGE; TECHNICAL AMENDMENTS.

    (a) Repeal.--Section 2 of the United States Grain Standards Act 
Amendments of 1988 (Public Law 100-518; 102 Stat. 2584) is amended, in 
the matter preceding paragraph (1), by striking ``Effective for the 
period October 1, 1988, through September 30, 1993, inclusive, the'' and 
inserting ``The''.
    (b) Technical Amendments.--(1) Section 21(a) of the United States 
Grain Standards Act (7 U.S.C. 87j(a)) is amended--
        (A) by striking ``(1)''; and
        (B) by striking paragraph (2).
    (2) Section 22(c) of such Act (7 U.S.C. 87k(c)), is amended by 
striking ``subsection (a) and (b)'' and inserting ``subsections (a) and 
(b)''.

SEC. 14. AUTHORITY TO COLLECT FEES; TERMINATION OF ADVISORY COMMITTEE.

    (a) Inspection and Supervisory Fees.--Section 7(j) of the United 
States Grain Standards Act (7 U.S.C. 79(j)) is amended by adding at the 
end the following new paragraph:
    ``(4) The duties imposed by paragraph (2) on designated official 
agencies and State agencies described in such paragraph and the 
investment authority provided by paragraph (3) shall expire on September 
30, 2000. After that date, the fees established by the Administrator 
pursuant to paragraph (1) shall not cover administrative and supervisory 
costs related to the official inspection of grain.''.
    (b) Weighing and Supervisory Fees.--Section 7A(l) of such Act (7 
U.S.C. 79a(l)) is amended by adding at the end the following new 
paragraph:
    ``(3) The authority provided to the Administrator by paragraph (1) 
and the duties imposed by paragraph (2) on agencies and other persons 
described in such paragraph shall expire on September 30, 2000. After 
that date, the Administrator shall, under such regulations as the 
Administrator may prescribe, charge and collect reasonable fees to cover 
the estimated costs of official weighing and supervision of weighing 
except when the official weighing or supervision of weighing is 
performed by a designated official agency or by a State under a 
delegation of authority. The fees authorized by this paragraph shall, as 
nearly as practicable, cover the costs of the Service incident to its 
performance of official weighing and supervision of weighing services in 
the United States and on United States grain in Canadian ports, 
excluding administrative and supervisory costs. The fees authorized by 
this paragraph shall be deposited into a fund which shall be available 
without fiscal year limitation for the expenses of the Service incident 
to providing services under this Act.''.
    (c) Advisory Committee.--Section 21 of such Act (7 U.S.C. 87j) is 
amended by adding at the end the following new subsection:
    ``(e) The authority provided to the Secretary for the establishment 
and maintenance of an advisory committee under this section shall expire 
on September 30, 2000.''.

SEC. 15. COMPREHENSIVE COST CONTAINMENT PLAN.

    Section 3A (7 U.S.C. 75a) is amended--
        (1) by striking ``There is created'' and inserting ``(a) 
    Establishment.--There is created''; and
        (2) by adding at the end the following new subsection:
    ``(b) Cost Containment Plan.--(1) The Administrator shall develop 
and carry out a comprehensive cost containment plan to streamline and 
maximize the efficiency of the operations of the Service, including 
standardization activities, in order to minimize taxpayer expenditures 
and user fees and encourage the maximum use of official inspection and 
weighing services at domestic and export locations.
    ``(2) Not later than 180 days after the date of enactment of this 
subsection, the Administrator shall submit a report that describes 
actions taken to carry out paragraph (1) to the Committee on Agriculture 
of the House of Representatives and the Committee on Agriculture, 
Nutrition, and Forestry of the Senate.''.

SEC. 16. EFFECTIVE DATES.

    (a) In General.--Except as provided in subsection (b), the 
amendments made by this Act shall take effect on the date of the 
enactment of this Act.
    (b) Special Effective Date for Certain Provisions.--The amendments 
made by sections 2, 3, and 13(a) shall take effect as of September 30, 
1993.







                                Speaker of the House of Representatives.







                             Vice President of the United States and    
                                                President of the Senate.