[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2088 Introduced in House (IH)]

114th CONGRESS
  1st Session
                                H. R. 2088

 To amend the United States Grain Standards Act to improve inspection 
  services performed at export elevators at export port locations, to 
 reauthorize certain authorities of the Secretary of Agriculture under 
                   such Act, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 29, 2015

  Mr. Conaway (for himself, Mr. Peterson, Mr. Crawford, and Mr. Walz) 
 introduced the following bill; which was referred to the Committee on 
                              Agriculture

_______________________________________________________________________

                                 A BILL


 
 To amend the United States Grain Standards Act to improve inspection 
  services performed at export elevators at export port locations, to 
 reauthorize certain authorities of the Secretary of Agriculture 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. SHORT TITLE.

    This Act may be cited as the ``United States Grain Standards Act 
Reauthorization Act of 2015''.

SEC. 2. REAUTHORIZATION OF UNITED STATES GRAIN STANDARDS ACT.

    (a) Policy and Purpose of Act.--Section 2(b) of the United States 
Grain Standards Act (7 U.S.C. 74(b)) is amended--
            (1) in paragraph (1), by striking ``to both domestic and 
        foreign buyers'' and inserting ``responsive to the purchase 
        specifications of domestic and foreign buyers'';
            (2) by striking ``and'' at the end of paragraph (2);
            (3) by striking the period at the end of paragraph (3) and 
        inserting ``; and''; and
            (4) by adding at the end the following new paragraph:
            ``(4) to provide an accurate, reliable, consistently 
        available, and cost-effective official grain inspection and 
        weighing system.''.
    (b) Definitions.--
            (1) Major disaster defined.--Section 3 of the United States 
        Grain Standards Act (7 U.S.C. 75) is amended by adding at the 
        end the following new paragraph:
            ``(aa) The term `major disaster' has the meaning given that 
        term in section 102(2) of the Robert T. Stafford Disaster 
        Relief and Emergency Assistance Act (42 U.S.C. 5122(2)), except 
        that the term includes a severe weather incident causing a 
        region-wide interruption of government services.''.
            (2) Conforming amendments.--Section 3 of the United States 
        Grain Standards Act (7 U.S.C. 75) is further amended--
                    (A) in the matter preceding paragraph (a), by 
                striking ``otherwise-'' and inserting ``otherwise:'';
                    (B) by striking ``the term'' at the beginning of 
                each paragraph (other than paragraphs (n) and (t)) and 
                inserting ``The term'';
                    (C) in paragraphs (n) and (t), by striking ``the 
                terms'' and inserting ``The terms'';
                    (D) in paragraph (s), by striking ``the verb'' and 
                inserting ``The verb'';
                    (E) in paragraph (x)--
                            (i) by striking ``conveyance (the terms'' 
                        and inserting ``conveyance. The terms''; and
                            (ii) by striking ``accordingly);'' and 
                        inserting ``accordingly.'';
                    (F) by striking the semicolon at the end of each 
                paragraph (other than paragraphs (x) and (y)) and 
                inserting a period; and
                    (G) in paragraph (y), by striking ``; and'' and 
                inserting a period.
    (c) Official Inspection and Weighing Requirements.--
            (1) Discretionary waiver authority.--Section 5(a)(1) of the 
        United States Grain Standards Act (7 U.S.C. 77(a)(1)) is 
        amended by striking ``may waive'' and inserting ``shall 
        promptly waive''.
            (2) Weighing requirements at export elevators.--Section 
        5(a)(2) of the United States Grain Standards Act (7 U.S.C. 
        77(a)(2)) is amended by striking ``intracompany shipments of 
        grain into an export elevator by any mode of transportation, 
        grain transferred into an export elevator by transportation 
        modes other than barge,'' and inserting ``shipments of grain 
        into an export elevator by any mode of transportation''.
    (d) Delegation of Official Inspection Authority.--
            (1) Authorized inspection personnel at export elevators at 
        export port locations.--Paragraph (1) of section 7(e) of the 
        United States Grain Standards Act (7 U.S.C. 79(e)) is amended 
        to read as follows:
    ``(1) Except as otherwise provided in paragraphs (3) and (4) of 
this subsection, the Secretary shall cause official inspection at 
export elevators at export port locations, for all grain required or 
authorized to be inspected by this Act, to be performed--
            ``(A) by official inspection personnel employed by the 
        Secretary; or
            ``(B) by other persons under contract with the Secretary as 
        provided in section 8 of this Act.''.
            (2) Delegation to state agencies.--Section 7(e) of the 
        United States Grain Standards Act (7 U.S.C. 79(e)) is amended--
                    (A) in paragraph (2)--
                            (i) by striking ``, meets the criteria'' 
                        and all that follows through ``the Secretary 
                        may delegate'' and inserting ``and meets the 
                        criteria specified in subsection (f)(1)(A) of 
                        this section, the Secretary may delegate'';
                            (ii) by striking ``at export port locations 
                        within the State, including export port 
                        locations'' and inserting ``at export elevators 
                        at export port locations within the State, 
                        including at export elevators at export port 
                        locations''; and
                            (iii) in the last sentence, by striking 
                        ``Any such delegation'' and inserting ``The 
                        delegation under this paragraph of authority to 
                        conduct official inspection services shall be 
                        for a term not to exceed five years, and may be 
                        renewed thereafter in accordance with this 
                        subsection, except that any such delegation'';
                    (B) by transferring paragraph (4) to the end of 
                subsection (f), redesignating such paragraph as 
                paragraph (5), and, in such paragraph, by striking ``or 
                subsection (f)'' and inserting ``or subsection (e)''; 
                and
                    (C) by striking paragraph (3) and inserting the 
                following new paragraphs:
    ``(3) Prior to delegating authority to a State agency for the 
performance of official inspection services at export elevators at 
export port locations pursuant to paragraph (2) of this subsection, the 
Secretary shall comply with the following:
            ``(A) Upon receipt of an application from a State agency 
        requesting the delegation of authority to perform official 
        inspection services on behalf of the Secretary, publish notice 
        of the application in the Federal Register and provide a 
        minimum 30-day comment period on the application.
            ``(B) Evaluate the comments received under subparagraph (A) 
        with respect to an application and conduct an investigation to 
        determine whether the State agency that submitted the 
        application and its personnel are qualified to perform official 
        inspection services on behalf of the Secretary. In conducting 
        the investigation, the Secretary shall consult with, and review 
        the available files of the Department of Justice, the Office of 
        Inspector General of the Department of Agriculture, and the 
        Government Accountability Office.
            ``(C) Make findings based on the results of the 
        investigation and consideration of public comments received.
            ``(D) Publish a notice in the Federal Register announcing 
        whether the State agency has been delegated the authority to 
        perform official inspection services at export elevators at 
        export port locations on behalf of the Secretary, and the basis 
        upon which the Secretary has made the decision.
    ``(4)(A) Except in the case of a major disaster, if a State agency 
that has been delegated the authority to perform official inspection 
services at export elevators at export port locations on behalf of the 
Secretary fails to perform such official services, the Secretary shall 
submit to Congress, within 90 days after the first day on which 
inspection services were not performed by the delegated State agency, a 
report containing--
                    ``(i) the reasons for the State agency's failure; 
                and
                    ``(ii) the rationale as to whether or not the 
                Secretary will permit the State agency to retain its 
                delegated authority.
    ``(B) A State agency may request that the delegation of inspection 
authority to the agency be canceled by providing written notice to the 
Secretary at least 90 days in advance of the requested cancellation 
date.
    ``(C) If a State agency that has been delegated the authority under 
paragraph (2) of this subsection to perform official inspection 
services at an export elevator at an export port location on behalf of 
the Secretary intends to temporarily discontinue such official 
inspection services or weighing services for any reason, except in the 
case of a major disaster, the State agency shall notify the Secretary 
in writing of its intention to do so at least 72 hours in advance of 
the discontinuation date. The receipt of such prior notice shall be 
considered by the Secretary as a mitigating factor in determining 
whether to maintain or revoke the delegation of authority to the State 
agency.''.
            (3) Conforming amendments.--(A) Section 7(f)(1) of the 
        United States Grain Standards Act (7 U.S.C. 79(f)(1)) is 
        amended by striking ``other than at export port locations'' and 
        inserting ``(other than at an export elevator at an export port 
        location)''.
            (B) Section 16(d) of the United States Grain Standards Act 
        (7 U.S.C. 87e(d)) is amended by striking ``The Office of 
        Investigation of the Department of Agriculture (or such other 
        organization or agency within the Department of Agriculture 
        which may be delegated the authority, in lieu thereof, to 
        conduct investigations on behalf of the Department of 
        Agriculture)'' and inserting ``The Office of Inspector General 
        of the Department of Agriculture''.
            (4) Evaluation of current delegations.--Not later than two 
        years after the date of the enactment of this Act, the 
        Secretary of Agriculture shall complete a review of each State 
        agency that, as of the date of the enactment of this Act, has 
        been delegated inspection authority under section 7(e) of the 
        United States Grain Standards Act (7 U.S.C. 79(e)) and 
        determine if the State agency is qualified to continue to 
        perform official inspection services at export elevators at 
        export port locations on behalf of the Secretary under such 
        section, as amended by this subsection. The Secretary shall 
        conduct the review subject to the requirements of section 7(e) 
        of the United States Grain Standards Act (7 U.S.C. 79(e)), as 
        amended by this subsection, and a State agency determined to be 
        qualified to continue to perform such official inspection 
        services shall be subject thereafter to such requirements.
    (e) Continuity of Operations.--Section 7(e) of the United States 
Grain Standards Act (7 U.S.C. 79(e)) is further amended by inserting 
after paragraph (4), as added by subsection (d), the following new 
paragraphs:
    ``(5) Except in the case of a major disaster, the Secretary shall 
cause official inspections at an export elevator at an export port 
location--
            ``(A) to be performed without interruption by official 
        inspection personnel employed by the Secretary or by a State 
        agency delegated such authority under paragraph (2) of this 
        subsection; or
            ``(B) if interrupted, to be resumed at the export elevator 
        by utilizing official inspection personnel employed by the 
        Secretary or by another delegated State agency as provided 
        under paragraph (2) of this subsection as follows:
                    ``(i) Within six hours after the interruption, if 
                the interruption is caused by a State agency delegated 
                such authority under this subsection and the Secretary 
                received advance notice of the interruption pursuant to 
                paragraph (4)(C) of this subsection.
                    ``(ii) Within 12 hours after the interruption, if 
                the State agency failed to provide the required advance 
                notice of the interruption.
    ``(6)(A) If the Secretary is unable to restore official inspection 
services within the applicable time period required by paragraph (5)(B) 
of this subsection, the interested person requesting such services at 
the export elevator at an export port location shall be authorized to 
utilize official inspection personnel, as provided under section 8 of 
the Act, employed by another State agency delegated authority under 
paragraph (2) of this subsection or designated under subsection (f)(1) 
of this section.
    ``(B) A delegated or designated State agency providing inspection 
services under subparagraph (A) may, at its discretion, provide such 
services for a period of up to 90 days from the date on which the 
services are initiated, after which time the Secretary may restore 
official inspection services using official inspection personnel 
employed by the Secretary or a State agency delegated such authority 
under this subsection, if available. The State agency shall notify the 
Secretary in writing of its intention to discontinue inspection 
services under subparagraph (A) at least 72 hours in advance of the 
discontinuation date.
    ``(7) Not later than 60 days after the date of the enactment of 
this paragraph, the Secretary shall make available to the public, 
including pursuant to a website maintained by the Secretary, a list of 
all delegated States and all official agencies authorized to perform 
official inspections on behalf of the Secretary. This list shall 
include the name, contact information, and category of authority 
granted. The Secretary shall update the list at least semiannually.''.
    (f) Geographic Boundaries for Official Agencies.--
            (1) Official inspection authority.--Section 7(f)(2) of the 
        United States Grain Standards Act (7 U.S.C. 79(f)(2)) is 
        amended by striking ``the Secretary may'' and all that follows 
        through the end of the paragraph and inserting the following: 
        ``the Secretary shall allow a designated official agency to 
        cross boundary lines to carry out inspections in another 
        geographic area if--
                    ``(A) the current designated official agency for 
                that geographic area is unable to provide inspection 
                services in a timely manner;
                    ``(B) a person requesting inspection services in 
                that geographic area requests a probe inspection on a 
                barge-lot basis; or
                    ``(C) the current official agency for that 
                geographic area agrees in writing with the adjacent 
                official agency to waive the current geographic area 
                restriction at the request of the applicant for 
                service.''.
            (2) Weighing authority.--Section 7A(i)(2) of the United 
        States Grain Standards Act (7 U.S.C. 79a(i)(2)) is amended by 
        striking ``the Secretary may'' and all that follows through the 
        end of the paragraph and inserting the following: ``the 
        Secretary shall allow a designated official agency to cross 
        boundary lines to carry out weighing in another geographic area 
        if--
                    ``(A) the current designated official agency for 
                that geographic area is unable to provide weighing 
                services in a timely manner; or
                    ``(B) the current official agency for that 
                geographic area agrees in writing with the adjacent 
                official agency to waive the current geographic area 
                restriction at the request of the applicant for 
                service.''.
    (g) Duration of Designations of Official Agencies.--Section 7(g)(1) 
of the United States Grain Standards Act (7 U.S.C. 79(g)(1)) is amended 
by striking ``triennially'' and inserting ``every five years''.
    (h) Inspection Fees.--
            (1) Collection and amounts.--Section 7(j)(1) of the United 
        States Grain Standards Act (7 U.S.C. 79(j)(1)) is amended--
                    (A) by inserting ``(A)'' after ``(1)'';
                    (B) by adding at the end the following new 
                subparagraph:
    ``(B) For official inspections and weighing at an export elevator 
at an export port location performed by the Secretary, performed by a 
State agency delegated the authority to perform official inspection 
services at the export elevator on behalf of the Secretary, or 
performed by a State agency utilized as authorized by subsection 
(e)(6)(A), the portion of the fees based upon export tonnage shall be 
based upon a rolling five-year average of export tonnage volumes. In 
order to maintain an operating reserve of between three to six months, 
the Secretary shall adjust such fees at least annually.''.
            (2) Duration of authority.--Section 7(j)(4) of the United 
        States Grain Standards Act (7 U.S.C. 79(j)(4)) is amended by 
        striking ``September 30, 2015'' and inserting ``September 30, 
        2020''.
    (i) Official Weighing or Supervision at Locations Where Official 
Inspection Is Provided Other Than by the Secretary.--Section 7A(c)(2) 
of the United States Grain Standards Act (7 U.S.C. 79a(c)(2)) is 
amended--
            (1) in the first sentence, by striking ``with respect to 
        export port locations'' and inserting ``with respect to an 
        export elevator at an export port location''; and
            (2) in the last sentence by striking ``subsection (g) of 
        section 7'' and inserting ``subsection (e) and (g) of section 
        7''.
    (j) Collection of Fees for Weighing Services.--Section 7A(l)(3) of 
the United States Grain Standards Act (7 U.S.C. 79a(l)(2)) is amended 
by striking ``September 30, 2015'' and inserting ``September 30, 
2020''.
    (k) Limitation and Administrative and Supervisory Costs.--Section 
7D of the United States Grain Standards Act (7 U.S.C. 79d) is amended 
by striking ``2015'' and inserting ``2020''.
    (l) Issuance of Authorizations.--
            (1) Duration.--Section 8(b) of the United States Grain 
        Standards Act (7 U.S.C. 84(b)) is amended by striking 
        ``triennially'' and inserting ``every five years''.
            (2) Persons who may be hired as official inspection 
        personnel.--Section 8(e) of the United States Grain Standards 
        Act (7 U.S.C. 84(e)) is amended--
                    (A) by striking ``(on the date of enactment of the 
                United States Grain Standards Act of 1976)'';
                    (B) by striking ``the United States Grain Standards 
                Act'' and inserting ``this Act''; and
                    (C) by striking ``, on the date of enactment of the 
                United States Grain Standards Act of 1976, was 
                performing'' and inserting ``performs''.
    (m) Authorization of Appropriations.--Section 19 of the United 
States Grain Standards Act (7 U.S.C. 87h) is amended by striking 
``2015'' and inserting ``2020''.
    (n) Expiration of Advisory Committee.--Section 21(e) of the United 
States Grain Standards Act (7 U.S.C. 87j(e)) is amended by striking 
``September 30, 2015'' and inserting ``September 30, 2020''.
                                 <all>