[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 1490 Engrossed in Senate (ES)]

103d CONGRESS

  1st Session

                                S. 1490

_______________________________________________________________________

                                 AN ACT

 To amend Public Law 100-518 and 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, and for 
                            other purposes.
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
103d CONGRESS
  1st Session
                                S. 1490

_______________________________________________________________________

                                 AN ACT


 
 To amend Public Law 100-518 and 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, 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; REFERENCES.

    (a) Short Title.--This Act may be cited as the ``United States 
Grain Standards Act Amendments of 1993''.
    (b) References to United States Grain Standards Act.--Except as 
otherwise expressly provided, whenever in this Act an amendment or 
repeal is expressed in terms of an amendment to, or repeal of, a 
section or other provision, the reference shall be considered to be 
made to a section or other provision of the United States Grain 
Standards Act (7 U.S.C. 71 et seq.).

SEC. 2. EXTENSION OF AUTHORITY TO COLLECT FEES TO COVER ADMINISTRATIVE 
              AND SUPERVISORY COSTS.

    (a) In General.--Section 2 of the United States Grain Standards Act 
Amendments of 1988 (Public Law 100-518; 7 U.S.C. 79 note) is amended by 
striking ``1993'' and inserting ``2003''.
    (b) Limitation on Administrative and Supervisory Costs.--Section 7D 
(7 U.S.C 79d) is amended--
            (1) by striking ``inspection and weighing'' and inserting 
        ``services performed''; and
            (2) by striking ``1993'' and inserting ``2003''.
    (c) Reauthorization of Appropriations.--Section 19 (7 U.S.C. 87h) 
is amended by striking ``1993'' and inserting ``2003''.

SEC. 3. COMPREHENSIVE COST CONTAINMENT PLAN.

    Section 3A (7 U.S.C. 75a) is amended--
            (1) by redesignating the first through fourth sentences as 
        subsections (a) through (d), respectively; and
            (2) by adding at the end the following new subsection:
    ``(e)(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. 4. USE OF INSPECTION AND WEIGHING FEES, AND OFFICIAL INSPECTION 
              AND WEIGHING IN CANADIAN PORTS.

    (a) Inspection Authority.--Section 7 (7 U.S.C. 79) is amended--
            (1) in subsection (f)(1)(A)(vi), by striking ``or other 
        agricultural programs''; and
            (2) in the second sentence of subsection (i), by inserting 
        before the period at the end the following: ``or as otherwise 
        provided by agreement with the Canadian Government''.
    (b) Weighing Authority.--Section 7A (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 following: 
        `` `official weighing' or'';
            (2) in the second sentence of subsection (d), by inserting 
        before the period at the end the following: ``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 the following: ``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) (7 U.S.C. 79(f)(2)) is 
amended by inserting before the period at the end the following: ``, 
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) (7 
U.S.C. 79a(i)) is amended by inserting before the period at the end the 
following: ``, 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 (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 following: ``, 
                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 
                following: ``or supervised under a contractual 
                arrangement''; and
                    (B) by inserting after ``including persons 
                employed'' the following: ``or supervised under a 
                contractual arrangement''.

SEC. 7. PROHIBITED ACTS.

    (a) In General.--Section 13(a) (7 U.S.C. 87b(a)) is amended by 
striking paragraph (11) and inserting the following new paragraph:
            ``(11) violate section 5, 6, 7, 7A, 7B, 8, 11, 12, 16, or 
        17A;''.
    (b) Adding Water to Grain.--Section 13(d) is amended by adding at 
the end the following new paragraph:
    ``(4)(A) Except as provided in subparagraph (B), no person shall 
add water to grain for purposes other than milling, malting, or other 
processing or pest control operations.
    ``(B)(i) Subject to clause (ii), the Administrator shall allow, 
through the issuance of permits, the addition of water to grain to 
suppress grain dust unless the Administrator determines that the 
addition of water materially reduces the quality of the grain or 
impedes the objectives of this Act.
    ``(ii) The Administrator may charge a reasonable fee to recover the 
administrative and enforcement costs of carrying out clause (i). Fees 
collected under this subparagraph shall be deposited into the fund 
created by section 7(j).''.

SEC. 8. CRIMINAL PENALTIES.

    Section 14(a) (7 U.S.C. 87c(a)) is amended--
            (1) 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 
        subsequent offense subject to this subsection, such person''; 
        and
            (2) by inserting after ``$20,000'' the following: ``(or, in 
        the case of a violation of section 13(d)(4)(A), $50,000)''.

SEC. 9. REPORTS, TESTING OF INSPECTION AND WEIGHING EQUIPMENT, OTHER 
              SERVICES, AND APPROPRIATE COURTESIES TO REPRESENTATIVES 
              OF FOREIGN COUNTRIES.

    Section 16 (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)(1) Subject to paragraphs (2) and (3), the Administrator may 
provide for the testing of weighing equipment used for purposes other 
than weighing grain in accordance with such regulations as the 
Administrator may prescribe, at a fee established by regulation or 
contractual agreement.
    ``(2) Testing performed under paragraph (1) may not conflict with 
or impede the objectives of this Act.
    ``(3) Fees collected under paragraph (1) shall be reasonable and 
shall cover, as nearly as practicable, the estimated costs of the 
testing. The fees shall be deposited into the fund created by section 
7(j).
    ``(h)(1) Subject to paragraphs (2) and (3), the Administrator may 
provide for the testing of grain inspection instruments used for 
commercial inspections in accordance with such regulations as the 
Administrator may prescribe, at a fee established by regulation or 
contractual agreement.
    ``(2) Testing performed under paragraph (1) may not conflict with 
or impede with objectives of this Act.
    ``(3) Fees collected under paragraph (1) shall be reasonable and 
shall cover, as nearly as practicable, the estimated costs of the 
testing. The fees shall be deposited into the fund created by section 
7(j).
    ``(i)(1) The Administrator may perform such other services as the 
Administrator considers appropriate in accordance with such regulations 
as the Administrator may prescribe.
    ``(2) In addition to the fees authorized by sections 7, 7A, 7B, and 
17A, and this section, the Administrator shall collect reasonable fees 
to cover the estimated costs of services performed under paragraph (1) 
other than standardization, compliance, and foreign monitoring 
activities.
    ``(3) To the extent practicable, the fees collected under paragraph 
(2), together with the proceeds from the sale of any samples, shall 
cover the costs, including administrative and supervisory costs, of 
services performed under paragraph (1).
    ``(4) Funds described in paragraph (3) shall be deposited into the 
fund created by section 7(j).
    ``(j) 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.''.

SEC. 10. VIOLATION OF SUBPOENA.

    Section 17(e) (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. LIMITATION OF APPROPRIATIONS.

    Section 19 (7 U.S.C. 87h) is amended by striking ``sections 7, 7A, 
and 17A of this Act'' and inserting ``sections 7, 7A, 7B, 16, and 
17A''.

SEC. 12. STANDARDIZING COMMERCIAL INSPECTIONS.

    Section 22(a) (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. 13. 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 by striking ``him'' and 
inserting ``the licensee''.
    (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''.

            Passed the Senate September 29 (legislative day, September 
      17), 1993.

            Attest:






                                                             Secretary.