II
109th CONGRESS
1st Session
S. 1582
IN THE SENATE OF THE UNITED STATES
July 29, 2005
Mr. Chambliss (for himself and Mr. Roberts) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry
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.
Reauthorization of United States Grain Standards Act
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
.
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
.
Limitation on administrative and supervisory costs
Section 7D of such Act (7 U.S.C. 79d) is
amended by striking 2005
and inserting
2010
.
Authorization of appropriations
Section 19 of
such Act (7 U.S.C. 87h) is amended by striking 2005
and
inserting 2010
.
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
.
Effective date
The amendments made by this section shall take effect as of September 30, 2005.
Performance of official inspection and weighing activities at export port locations of grain under United States Grain Standards Act
Official inspection authority and funding
Section 7 of the United States Grain Standards Act (7 U.S.C. 79) is amended—
in subsection (e)—
by striking (e)(1) Except as
otherwise provided in paragraph (2) of this subsection
and inserting
the following:
Official inspection at export port locations; use of State agencies and private entities
In general
Except as otherwise provided in paragraphs (2) and (3)
; and
by striking paragraph (3) and inserting the following:
Use of private entities
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.
Requirements
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.
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.
Termination
The use of a person or private entity to perform official inspections at an export port location under subparagraph (A)—
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
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.
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).
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.
;
in subsection (f)—
in paragraph (1)—
in the matter preceding subparagraph (A)—
by inserting or private
entity
after or any person
; and
by striking or person
and
inserting , person, or private entity
; and
in the matter preceding clause (i) of
subparagraph (A), by striking or person
each place it appears
and inserting , person, or private entity
; and
in paragraph (4), by striking or
person
and inserting , person, or private entity
;
and
in subsection (j)—
in the first sentence of paragraph (2), by
inserting and private entity
after each State
agency
; and
in the first sentence of paragraph (4), by
striking and State agencies
and inserting and delegated
State agencies and private entities
.
Weighing authority
Section 7A of the United States Grain Standards Act (7 U.S.C. 79a) is amended—
in subsection (c)(2)—
in the first sentence—
by inserting or private
entity
after to the State agency
; and
by striking agency or person
each place it appears and inserting agency, private entity, or
person
; and
in the second sentence—
by striking agency or person
each place it appears and inserting agency, private entity, or
person
;
by inserting or private
entity
after any person
; and
by striking agency, or
person
and inserting agency, private entity, or
person
;
in subsection (h), by striking
agency or person
and inserting agency, private entity, or
person
;
in subsection (i)—
in paragraph (1), by striking agency
or person
and inserting agency, private entity, or
person
; and
in paragraph (2), by striking or
State agency
and inserting , State agency, or private
entity
; and
in subsection (l)—
in the first sentence of paragraph (2)—
by striking Each agency
and
inserting Each agency or private entity
;
by inserting , private
entity,
after each agency
;
by inserting or private
entity
after the agency
; and
by inserting and private
entities
after such agencies
; and
in paragraph (3)—
in the first sentence, by inserting
, private entities,
after on agencies
; and
in the second sentence, by inserting
or private entity
after by a State
.
Licenses and authorizations
Section 8(g) of the United States Grain Standards Act (7 U.S.C. 84(g)) is amended—
by inserting or private
entities
after State agencies
; and
by inserting or private
entities
after all persons
.
Inapplicability of geographic boundaries for designated official agencies
Official inspection
Subsection (f) of section 7 of such Act (7 U.S.C. 79) is amended—
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
by adding at the end the following new paragraph:
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.
.
Official weighing
Subsection (i) of section 7A of such Act (7 U.S.C. 79a) is amended—
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
by adding at the end the following new paragraph:
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.
.