[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3421 Introduced in House (IH)]







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 Representatives 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 Supervisory 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 LOCATIONS OF GRAIN UNDER UNITED STATES GRAIN 
              STANDARDS ACT.

    (a) Official Inspection Authority and Funding.--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 Locations; Use of State 
Agencies and Private Entities.--
            ``(1) In general.--Except as otherwise provided in 
        paragraphs (2) and (3)''; and
                    (B) by striking paragraph (3) and inserting the 
                following:
            ``(3) Use of private entities.--
                    ``(A) In general.--If the Secretary determines that 
                a person or private entity is qualified 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 inspection (other than appeal 
                inspection and such other functions as may be specified 
                in the regulations prescribed under subparagraph (B)) 
                at export port locations.
                    ``(B) Requirements.--
                            ``(i) Regulations.--A person or private 
                        entity described in subparagraph (A) shall be 
                        subject to such rules, regulations, 
                        instructions, and oversight as the Secretary 
                        may prescribe.
                            ``(ii) Responsibility of secretary.--
                        Notwithstanding the use of persons or private 
                        entities to perform specified functions 
                        involved in official inspections at export port 
                        locations, official inspection shall continue 
                        to be the direct responsibility 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 Secretary, 
                        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 regulations 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 authority provided by 
                subparagraph (A), during the preceding two-year period, 
                to contract with persons or private entities to perform 
                official inspections 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 subparagraph 
                        (A)--
                                    (I) by inserting ``or private 
                                entity'' 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 person'' 
                        each place it appears and inserting ``, person, 
                        or private entity''; and
                    (B) in paragraph (4), by striking ``or person'' 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 entities''.
    (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 ``agency, 
                        private entity, or person''; and
                    (B) in the second sentence--
                            (i) by striking ``agency or person'' each 
                        place it appears and inserting ``agency, 
                        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 entity, or 
                person''; and
                    (B) in paragraph (2), by striking ``or State 
                agency'' and inserting ``, State agency, or private 
                entity''; and
            (4) in subsection (l)--
                    (A) in the first sentence of paragraph (2)--
                            (i) by striking ``Each agency'' and 
                        inserting ``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 inserting 
                        ``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--
            (1) in paragraph (2), by striking ``Not more than one 
        official agency designated under paragraph (1) or State 
        delegated authority under subsection (e)(2)'' and inserting 
        ``Subject to paragraph (5), not more than one official agency 
        designated under paragraph (1)''; and
            (2) by adding at the end the following new paragraph:
    ``(5) The geographic boundary limitations applicable to official 
agencies under paragraph (2) do not apply to export port locations, and 
the Secretary may use more than one person or private entity selected 
under subsection (e)(3) to perform official inspections at an export 
port location.''.
    (b) Official Weighing.--Subsection (i) of section 7A of such Act (7 
U.S.C. 79a) is amended--
            (1) in paragraph (2), by striking ``Not more than one 
        designated official agency referred to in paragraph (1) or 
        State agency delegated authority pursuant to subsection 
        (c)(2)'' and inserting ``Subject to paragraph (3), not more 
        than one designated official agency referred to in paragraph 
        (1)''; and
            (2) by adding at the end the following new paragraph:
            ``(3) Inapplicability of geographic boundaries to export 
        port locations.--The geographic boundary limitations applicable 
        to designated official agencies under paragraph (2) do not 
        apply to export port locations, and the Secretary may assign 
        more than one designated person or private entity to perform 
        official weighing at an export port location.''.
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