[Congressional Record Volume 161, Number 91 (Tuesday, June 9, 2015)]
[House]
[Pages H3926-H3929]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
UNITED STATES GRAIN STANDARDS ACT REAUTHORIZATION ACT OF 2015
Mr. CONAWAY. Mr. Speaker, I move to suspend the rules and pass the
bill (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, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 2088
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 paragraph (i)--
(i) by striking ``Act (the term'' and inserting ``Act. The
term''; and
(ii) by striking ``);'' and inserting a period;
(D) in paragraphs (n) and (t), by striking ``the terms''
and inserting ``The terms'';
(E) in paragraph (o)--
(i) by striking ``personnel (the term'' and inserting
``personnel. The term''; and
(ii) by striking ``);'' and inserting a period;
(F) in paragraph (s), by striking ``the verb'' and
inserting ``The verb'';
[[Page H3927]]
(G) in paragraph (x)--
(i) by striking ``conveyance (the terms'' and inserting
``conveyance. The terms''; and
(ii) by striking ``accordingly);'' and inserting
``accordingly.'';
(H) by striking the semicolon at the end of each paragraph
(other than paragraphs (i), (o), (x), and (y)) and inserting
a period; and
(I) 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 in the first proviso by striking ``may waive the
foregoing requirement in emergency'' and inserting ``shall
promptly waive the foregoing requirement in the event of an
emergency, a major disaster,''.
(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
[[Page H3928]]
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''.
(o) Technical Corrections.--Section 17B(b) of the United
States Grain Standards Act (7 U.S.C. 87f-2(b)) is amended--
(1) by striking ``notwithstanding the provisions of section
812 of the Agricultural Act of 1970, as added by the
Agriculture and Consumer Protection Act of 1973 (7 U.S.C.
612c-3)'' and inserting ``notwithstanding section 602 of the
Agricultural Trade Act of 1978 (7 U.S.C. 5712)''; and
(2) by striking ``or the Secretary''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Texas (Mr. Conaway) and the gentleman from Minnesota (Mr. Walz) each
will control 20 minutes.
The Chair recognizes the gentleman from Texas.
General Leave
Mr. CONAWAY. Mr. Speaker, I ask unanimous consent that all Members
have 5 legislative days within which to revise and extend their remarks
and include extraneous material on the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Texas?
There was no objection.
Mr. CONAWAY. Mr. Speaker, I yield myself as much time as I may
consume, and rise today in support of H.R. 2088, the United States
Grain Standards Act Reauthorization Act of 2015.
Mr. Speaker, for nearly 100 years, the United States Grain Standards
Act has been the cornerstone of the vibrant grain trade, both
domestically and internationally. This law is relied upon not only by
exporters and domestic shippers but the entire U.S. agricultural
sector.
The law establishes official marketing standards and procedures for
the inspection and weighing of grains and oilseeds, and I would like to
underscore the importance this law has played in establishing value and
price-discovery in the grain and oilseed marketplace.
Many of the provisions in this current law are set to expire on
September 30 of this year. A lapse in authorization would disrupt
export weighing and grading services, imposing heavy burdens on
farmers, merchants, traders, inspectors and, ultimately, consumers. We
should not delay in passing this reauthorization.
I cannot emphasize enough: it is imperative that these inspections
and weighing services are provided in a reliable, uninterrupted,
consistent, and cost-effective manner. To ensure that we fulfill this
obligation, we must provide a safeguard to ensure we avoid disruptions
in service like the one that took place last year in Washington State.
The Washington State Department of Agriculture currently provides
inspection and weighing services for grain intended for export at the
Port of Vancouver. USDA's Federal Grain Inspection Service has
delegated this responsibility to the Washington State Department of
Agriculture. In the event that the Washington State Department of
Agriculture cannot provide services for any reason, then the Federal
Government, through FGIS inspectors, are statutorily required to step
in and resume inspection and weighing services.
That is not what happened last summer. Amid an ongoing labor dispute,
WSDA discontinued services. In statements issued at the time, WSDA, the
State-based program, acknowledged they withheld inspection services
because of their belief that ``the continued provision of inspection
services appears to be unhelpful in leading to a foreseeable
resolution'' of the labor dispute.
Instead of fulfilling their statutory obligation, the leadership of
the USDA politicized this situation when the agency also declined to
fulfill its statutory responsibility to resume inspection and grain and
weighing services. Services were eventually restored, but not before
significant costs accrued to all parties involved.
We have worked hard to gain access to overseas markets. We are
shooting ourselves in the foot when we cannot ship our products to
these markets because State and Federal agencies are unable or
unwilling to comply with their obligations. The inability to ship our
grain because there are no inspectors at a facility does a disservice
to our farmers, and it harms our economy.
To address this situation, we could have been punitive. In fact,
there were some who would have preferred that we do just that. But that
is not what we have done and had no interest in doing. We simply want a
safeguard mechanism to avoid this situation being repeated.
To do that, we worked with the State of Washington delegation, the
Washington State Department of Agriculture, labor unions, the grain
trade industry, and USDA. What we developed was a bipartisan consensus
on a workable safeguard provision.
I am pleased with this work product, and I appreciate the help and
support of Ranking Member Peterson, Subcommittee Chairman Crawford, and
Subcommittee Ranking Member Walz,
[[Page H3929]]
as well as Representatives from Washington State, both on and off the
committee, for their advice and counsel as we developed this
legislation.
H.R. 2088 provides a certainty to American agriculture, and I would
urge my colleagues to vote ``yes'' on this bill.
Mr. Speaker, I reserve the balance of my time.
Mr. WALZ. Mr. Speaker, I yield myself such time as I may consume, and
I, too, rise in support of the U.S. Grain Standards Act Reauthorization
Act, H.R. 2088.
I would like to, first of all, thank the chairmen of the full
committee and of the subcommittee, both of whom provided great
leadership, provided the necessary space to get all parties together,
and then provided for a final product that meets all of the necessary
requirements that you heard the chairman talk about.
I think it is well known that U.S. grain producers produce the
highest quality grain in the world. It is the inspections of them, the
gold standard of assuring that quality, backed by the Federal
Government, that allows us to continue this trade. I think no one here
wants to see any interruption to that service. No one here wants to see
any lowering of the quality that we have.
So this piece of legislation, I think, in the best tradition of the
Agriculture Committee and this House, was a true, bipartisan
compromise. It was working to find working solutions that made those
things happen, and I would urge my colleagues to support this piece of
legislation.
This is how we are supposed to do business. This honors those
producers of our grain and makes sure that business and capital flow
correctly, and it makes sure that there are standards in place to
ensure that our buyers of U.S. grain know that they are getting the
world's highest quality product.
Mr. Speaker, I reserve the balance of my time.
Mr. CONAWAY. Mr. Speaker, I yield 3 minutes to the gentleman from
Arkansas (Mr. Crawford), the subcommittee chairman.
Mr. CRAWFORD. Mr. Speaker, I thank the chairman for his leadership on
this and certainly want to thank the ranking member of the full
committee as well and my friend, the gentleman from Minnesota, who
serves as the ranking member on our subcommittee.
This is a great piece of bipartisan legislation. As has been noted
here, this is about 100 years since this has been signed into law, and
the grain trade has thrived over that century. GSA has supported its
evolution by providing a backbone of stability relied upon by
exporters, shippers, farmers, and, of course, consumers.
With the farm economy and so many of our constituents relying on the
ability of grain and oilseeds to get to market, it is critical that we
act to provide stability for the grain trade, like we are doing here
today.
This legislation accomplishes that goal in the following two ways.
Many of the provisions in current law are set to expire on September 30
of this year. A lapse in that authorization would disrupt the current
grain inspections process; therefore, Congress should not delay in
passing its reauthorization. The House is getting its job done well
ahead of schedule by considering this bill today, and I hope my
colleagues in the Senate will act soon as well.
Secondly, this legislation provides stability by ensuring we can
avoid disruptions like that which took place last year in Washington
State, which was alluded to earlier by the chairman. Last summer, the
Washington State Department of Agriculture discontinued its export
inspections amid an ongoing labor dispute. Since labor disputes do
happen from time to time, this kind of situation was anticipated by our
predecessors, which is why current law provides a mechanism for USDA to
step in and provide inspection services in the event of a disruption.
However, the dispute devolved into a political situation in which the
Secretary of Agriculture declined to use his discretionary authority to
maintain inspections. While inspection services were eventually
restored, it is critical we avoid a repeat of that unfortunate
decision.
Fortunately, the Agriculture Committee arrived at a bipartisan
consensus and found a way to avoid any future disruptions to the grain
trade by giving the industry more control of its own destiny.
I urge support from my colleagues for this vital legislation. I thank
the committee for all of its hard work to move this bill forward.
Mr. WALZ. Mr. Speaker, again, I have no further speakers on my side.
I can't stress enough my thanks for working this out. It was, at times,
a somewhat delicate situation, but leadership from my friends on the
Republican side, bringing in folks, all engaged parties in this, helped
us find a great compromise.
I, too, would urge our colleagues in the Senate to take up this piece
of legislation, move it forward, and give certainty to those producers
who feed, clothe, and power the world. I urge our colleagues here,
let's just pass this thing and get further work done.
Mr. Speaker, I yield back the balance of my time.
Mr. CONAWAY. Mr. Speaker, I yield myself the balance of my time.
Mr. Speaker, I appreciate my colleagues' comments, both the ranking
member as well as the chairman of the subcommittee. We did work in a
bipartisan manner. We worked out the differences of the bill, came up
with a good work product. It is worthy of the system.
I would like to, again, emphasize, as my colleague from Arkansas did,
we are actually getting this done ahead of time. These rules aren't
out-of-date yet. And so I would encourage my colleagues in the Senate
to follow our example and get it done quickly so we can get this to the
President's desk. I urge support of the bill.
Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Texas (Mr. Conaway) that the House suspend the rules and
pass the bill, H.R. 2088, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
____________________