[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 1417 Placed on Calendar Senate (PCS)]

                                                        Calendar No. 90
114th CONGRESS
  1st Session
                                S. 1417

  To reauthorize the United States Grain Standards Act, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 1, 2015

    Mr. Roberts, from the Committee on Agriculture, Nutrition, and 
 Forestry, reported the following original bill; which was read twice 
                       and placed on the calendar

_______________________________________________________________________

                                 A BILL


 
  To reauthorize the United States Grain Standards 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) Official Inspection and Weighing Requirements.--
            (1) 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 in the proviso 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''.
            (2) Disruption in grain inspection or weighing.--Section 5 
        of the United States Grain Standards Act (7 U.S.C. 77) is 
        amended by adding at the end the following:
    ``(d) Disruption in Grain Inspection or Weighing.--In the case of a 
disruption in official grain inspections or weighings, including if the 
Secretary waives the requirement for official inspection due to an 
emergency under subsection (a)(1), the Secretary shall--
            ``(1) immediately take such actions as are necessary to 
        address the disruption and resume inspections or weighings;
            ``(2) not later than 24 hours after the start of the 
        disruption in inspection or weighing, submit to the Committee 
        on Agriculture of the House of Representatives and the 
        Committee on Agriculture, Nutrition, and Forestry of the Senate 
        a report that describes--
                    ``(A) the disruption; and
                    ``(B) any actions necessary to address the concerns 
                of the Secretary relating to the disruption so that 
                inspections or weighings may resume; and
            ``(3) once the initial report in paragraph (2) has been 
        made, provide daily updates until official inspection or 
        weighing services at the site of disruption have resumed.''.
    (b) Official Inspection Authority and Funding.--
            (1) Delegation of official inspection authority.--Section 
        7(e)(2) of the United States Grain Standards Act (7 U.S.C. 
        79(e)(2)) is amended--
                    (A) by striking ``(2) If the Secretary'' and 
                inserting the following:
            ``(2) Delegation of authority to state agencies.--
                    ``(A) In general.--If the Secretary'';
                    (B) in the first sentence--
                            (i) by striking ``and (A)'' and inserting 
                        ``and (i)'';
                            (ii) by striking ``or (B)(i)'' and 
                        inserting ``or (ii)(I)'';
                            (iii) by striking ``(ii)'' and inserting 
                        ``(II)''; and
                            (iv) by striking ``(iii)'' and inserting 
                        ``(III)''; and
                    (C) by adding at the end the following:
                    ``(B) Certification.--
                            ``(i) In general.--Every 5 years, the 
                        Secretary shall certify that each State agency 
                        with a delegation of authority is meeting the 
                        criteria described in subsection (f)(1)(A).
                            ``(ii) Process.--Not later than 1 year 
                        after the date of enactment of the United 
                        States Grain Standards Act Reauthorization Act 
                        of 2015, the Secretary shall establish a 
                        process for certification under which the 
                        Secretary shall--
                                    ``(I) publish in the Federal 
                                Register notice of intent to certify a 
                                State agency and provide a 30-day 
                                period for public comment;
                                    ``(II) evaluate the public comments 
                                received and, in accordance with 
                                paragraph (3), conduct an investigation 
                                to determine whether the State agency 
                                is qualified;
                                    ``(III) make findings based on the 
                                public comments received and 
                                investigation conducted; and
                                    ``(IV) publish in the Federal 
                                Register a notice announcing whether 
                                the certification has been granted and 
                                describing the basis on which the 
                                Secretary made the decision.
                    ``(C) State agency requirements.--
                            ``(i) In general.--If a State agency that 
                        has been delegated authority under this 
                        paragraph intends to temporarily discontinue 
                        official inspection or weighing services for 
                        any reason, except in the case of a major 
                        disaster, the State agency shall notify the 
                        Secretary in writing of the intention of the 
                        State agency to do so at least 72 hours in 
                        advance of the discontinuation date.
                            ``(ii) Secretarial consideration.--The 
                        Secretary shall consider receipt of a notice 
                        described in clause (i) as a factor in 
                        administering the delegation of authority under 
                        this paragraph.''.
            (2) Consultation.--Section 7(f)(1) of the United States 
        Grain Standards Act (7 U.S.C. 79(f)(1)) is amended--
                    (A) in subparagraph (A)(xi), by striking ``and'' at 
                the end;
                    (B) in subparagraph (B), by striking the period at 
                the end and inserting ``; and''; and
                    (C) by adding at the end the following:
                    ``(C) the Secretary--
                            ``(i) periodically conducts a consultation 
                        with the customers of the applicant, in a 
                        manner that provides opportunity for protection 
                        of the identity of the customer if desired by 
                        the customer, to review the performance of the 
                        applicant with regard to the provision of 
                        official inspection services and other 
                        requirements of this Act; and
                            ``(ii) works with the applicant to address 
                        any concerns identified during the consultation 
                        process.''.
            (3) Duration of designation authority.--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 5 
        years''.
            (4) Fees.--Section 7(j) of the United States Grain 
        Standards Act (7 U.S.C. 79(j)(1)) is amended--
                    (A) by striking ``(j)(1) The Secretary'' and 
                inserting the following:
    ``(j) Fees.--
            ``(1) Inspection fees.--
                    ``(A) In general.--The Secretary'';
                    (B) in paragraph (1)--
                            (i) the second sentence, by striking ``The 
                        fees'' and inserting the following:
                    ``(B) Amount of fees.--The fees'';
                            (ii) in the third sentence, by striking 
                        ``Such fees'' and inserting the following:
                    ``(C) Use of fees.--Fees described in this 
                paragraph''; and
                            (iii) by adding at the end the following:
                    ``(D) Export tonnage fees.--For an official 
                inspection at an export facility performed by the 
                Secretary, the portion of the fees based on export 
                tonnage shall be based on the rolling 5-year average of 
                export tonnage volumes.'';
                    (C) by redesignating paragraph (4) as paragraph 
                (5);
                    (D) by inserting after paragraph (3) the following:
            ``(4) Adjustment of fees.--In order to maintain an 
        operating reserve of not less than 3 and not more than 6 
        months, the Secretary shall adjust the fees described in 
        paragraphs (1) and (2) not less frequently than annually.''; 
        and
                    (E) in paragraph (5) (as redesignated by 
                subparagraph (C)), in the first sentence, by striking 
                ``2015'' and inserting ``2020''.
    (c) Weighing Authority.--Section 7A of the United States Grain 
Standards Act (7 U.S.C. 79a) is amended--
            (1) in subsection (c)(2), in the last sentence, by striking 
        ``subsection (g) of section 7'' and inserting ``subsections (e) 
        and (g) of section 7''; and
            (2) in subsection (l)--
                    (A) by striking ``(l)(1) The Secretary'' and 
                inserting the following:
    ``(l) Fees.--
            ``(1) Weighing fees.--
                    ``(A) In general.--The Secretary'';
                    (B) in paragraph (1)--
                            (i) the second sentence, by striking ``The 
                        fees'' and inserting the following:
                    ``(B) Amount of fees.--The fees'';
                            (ii) in the third sentence, by striking 
                        ``Such fees'' and inserting the following:
                    ``(C) Use of fees.--Fees described in this 
                paragraph''; and
                            (iii) by adding at the end the following:
                    ``(D) Export tonnage fees.--For an official 
                weighing at an export facility performed by the 
                Secretary, the portion of the fees based on export 
                tonnage shall be based on the rolling 5-year average of 
                export tonnage volumes.'';
                    (C) by redesignating paragraph (3) as paragraph 
                (4);
                    (D) by inserting after paragraph (2) the following:
            ``(3) Adjustment of fees.--In order to maintain an 
        operating reserve of not less than 3 and not more than 6 
        months, the Secretary shall adjust the fees described in 
        paragraphs (1) and (2) not less frequently than annually.''; 
        and
                    (E) in paragraph (4) (as redesignated by 
                subparagraph (C)), in the first sentence, by striking 
                ``2015'' and inserting ``2020''.
    (d) 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''.
    (e) Issuance of Authorization.--Section 8(b) of the United States 
Grain Standards Act (7 U.S.C. 84(b)) is amended by striking 
``triennially'' and inserting ``every 5 years''.
    (f) Appropriations.--Section 19 of the United States Grain 
Standards Act (7 U.S.C. 87h) is amended by striking ``2015'' and 
inserting ``2020''.
    (g) Advisory Committee.--Section 21(e) of the United States Grain 
Standards Act (7 U.S.C. 87j(e)) is amended by striking ``2015'' and 
inserting ``2020''.

SEC. 3. REPORT ON DISRUPTION IN FEDERAL INSPECTION OF GRAIN EXPORTS.

    Not later than 180 days after the date of enactment of this Act, 
the Secretary of Agriculture shall submit to the Committee on 
Agriculture, Nutrition, and Forestry of the Senate, the Committee on 
Agriculture of the House of Representatives, the Subcommittee on 
Agriculture, Rural Development, Food and Drug Administration, and 
Related Agencies of the Committee on Appropriations of the Senate, and 
the Subcommittee on Agriculture, Rural Development, Food and Drug 
Administration, and Related Agencies of the Committee on Appropriations 
of the House of Representatives a report that describes--
            (1) the specific factors that led to disruption in Federal 
        inspection of grain exports at the Port of Vancouver in the 
        summer of 2014;
            (2) any factors that contributed to the disruption referred 
        to in paragraph (1) that were unique to the Port of Vancouver, 
        including a description of the port facility, security needs 
        and available resources for that purpose, and any other 
        significant factors as determined by the Secretary; and
            (3) any changes in policy that the Secretary has 
        implemented to ensure that a similar disruption in Federal 
        inspection of grain exports at the Port of Vancouver or any 
        other location does not occur in the future.

SEC. 4. REPORT ON POLICY BARRIERS TO GRAIN PRODUCERS.

    Not later than 180 days after the date of enactment of this Act, 
the Secretary of Agriculture, in consultation with the United States 
Trade Representative, shall submit to the Committee on Agriculture, 
Nutrition, and Forestry of the Senate and the Committee on Agriculture 
of the House of Representatives a report that describes--
            (1) the policy barriers to United States grain producers in 
        countries the grain of which receives official grading in the 
        United States but which do not offer official grading for 
        United States grain or provide only the lowest designation for 
        United States grain, including an analysis of possible 
        inconsistencies with trade obligations; and
            (2) any actions the Executive Branch is taking to remedy 
        the policy barriers so as to put United States grain producers 
        on equal footing with grain producers in countries imposing the 
        barriers.
                                                        Calendar No. 90

114th CONGRESS

  1st Session

                                S. 1417

_______________________________________________________________________

                                 A BILL

  To reauthorize the United States Grain Standards Act, and for other 
                               purposes.

_______________________________________________________________________

                              May 21, 2015

                 Read twice and placed on the calendar