[116th Congress Public Law 216]
[From the U.S. Government Publishing Office]
[[Page 1047]]
UNITED STATES GRAIN STANDARDS REAUTHORIZATION ACT OF 2020
[[Page 134 STAT. 1048]]
Public Law 116-216
116th Congress
An Act
To reauthorize the United States Grain Standards Act, and for other
purposes. <<NOTE: Dec. 11, 2020 - [S. 4054]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: United States
Grain Standards Reauthorization Act of 2020.>>
SECTION 1. <<NOTE: 7 USC 71 note.>> SHORT TITLE.
This Act may be cited as the ``United States Grain Standards
Reauthorization Act of 2020''.
SEC. 2. NOTIFICATION OF DISCONTINUANCE OF SERVICES BY STATE
AGENCIES.
Section 7 of the United States Grain Standards Act (7 U.S.C. 79) is
amended--
(1) in subsection (e)(2)(C)(i), by inserting ``and affected
customers or applicants for service of official inspection or
weighing services provided by the State agency'' after ``notify
the Secretary''; and
(2) in subsection (j)(5), in the first sentence, by striking
``2020'' and inserting ``2025''.
SEC. 3. WEIGHING AUTHORITY.
Section 7A(l)(4) of the United States Grain Standards Act (7 U.S.C.
79a(l)(4)) is amended in the first sentence by striking ``2020'' and
inserting ``2025''.
SEC. 4. LIMITATION ON ADMINISTRATIVE AND SUPERVISORY COSTS.
Section 7D of the United States Grain Standards Act (7 U.S.C. 79d)
is amended by striking ``2020'' and inserting ``2025''.
SEC. 5. REPORTING REQUIREMENTS.
Section 17B of the United States Grain Standards Act (7 U.S.C. 87f-
2) is amended by adding at the end the following:
``(d) Enhancement of Current Reporting.--
``(1) Increased frequency of inspection program data
reporting.--
``(A) <<NOTE: Publication.>> In general.--Beginning
not later than 1 year after the date of enactment of
this subsection, the Secretary shall publish quarterly
reports describing data from the tests and inspections
for intrinsic quality factors (including protein, oil,
and starch) and food safety factors, as reported, in the
aggregate, for fiscal years 2014 through 2018 in the
tables in section V (relating to providing official
grain inspection and weighing services) of the 2016
through 2018 annual reports to Congress by the Federal
Grain Inspection Service.
[[Page 134 STAT. 1049]]
``(B) Delineation.--The data from the tests and
inspections under subparagraph (A) shall be delineated
to reflect whether the tests and inspections were
requested of or performed by--
``(i) the Secretary; or
``(ii) a State agency delegated authority
under section 7 or 7A or an official agency.
``(2) <<NOTE: Publication.>> Exceptions and waivers.--
Beginning not later than 1 year after the date of enactment of
this subsection, the Secretary shall publish quarterly reports
describing--
``(A) the number of exceptions requested under
section 7(f)(2)(B);
``(B) the number of exceptions granted under section
7(f)(2)(B);
``(C) the number of waivers requested under section
5(a)(1); and
``(D) the number of waivers granted under section
5(a)(1).
``(e) <<NOTE: State and local governments.>> Additional Reporting;
Consultation.--The Secretary may, to the extent determined appropriate
by the Secretary, in consultation with State agencies delegated
authority under sections 7 and 7A, official agencies, and the grain
industries described in the second sentence of section 21(a), publish--
``(1) data relating to testing for other intrinsic quality
or food safety factors; and
``(2) other data collected from inspection and weighing
activities conducted under this Act.
``(f) Protection of Confidential Business Information.--Any trade
secrets or information described in section 552(b)(4) of title 5, United
States Code, that is provided to or collected by the Secretary in
carrying out subsection (d) or (e) shall not be included in a report
under subsection (d) or (e) or otherwise publicly disclosed.''.
SEC. 6. APPROPRIATIONS.
Section 19 of the United States Grain Standards Act (7 U.S.C. 87h)
is amended--
(1) by striking the section heading and designation and all
that follows through ``There are hereby'' and inserting the
following:
``SEC. 19. FUNDING.
``(a) Authorization of Appropriations.--There are'';
(2) in subsection (a) (as so designated)--
(A) by striking ``such sums as are necessary'' and
inserting ``$23,000,000''; and
(B) by striking ``1988 through 2020'' and inserting
``2021 through 2025''; and
(3) by adding at the end the following:
``(b) Limitations on Uses of User Fees.--
``(1) Definitions.--In this subsection:
``(A) Official inspection or weighing service.--The
term `official inspection or weighing service' means
official inspection, official weighing, supervision of
weighing, supervision of agency personnel, supervision
of the field office personnel of the Secretary, testing
of equipment or instruments, other services, or
registration, the cost to the Secretary of which is
authorized to be covered by the
[[Page 134 STAT. 1050]]
collection of a user fee pursuant to section 7, 7A, 7B,
16, or 17A, as applicable.
``(B) User fee.--The term `user fee' means a fee
collected by the Secretary under section 7, 7A, 7B, 16,
or 17A.
``(2) Requirement.--A user fee--
``(A) shall be used solely to cover--
``(i) the cost to the Secretary for carrying
out official inspection or weighing services; and
``(ii) administrative costs to the Secretary
directly relating to official inspection or
weighing services; and
``(B) shall not be used for--
``(i) activities relating to the development
or maintenance of grain standards; or
``(ii) any other activity that is not directly
related to the performance of official inspection
or weighing services.''.
SEC. 7. ADVISORY COMMITTEE.
Section 21 of the United States Grain Standards Act (7 U.S.C. 87j)
is amended--
(1) in subsection (a), in the last sentence, by striking
``successive terms'' and inserting ``successively for more than
2 terms''; and
(2) in subsection (e), by striking ``2020'' and inserting
``2025''.
SEC. 8. REVIEW OF GEOGRAPHIC BOUNDARIES FOR OFFICIAL AGENCIES.
(a) Definitions.--In this section:
(1) Grain handling facility.--The term ``grain handling
facility'' means a grain elevator, warehouse, or other storage
or handling facility.
(2) Official agency geographic area.--The term ``official
agency geographic area'' means a geographic area for an official
agency, as defined by the Secretary under section 7(f)(2)(A) or
7A(i)(2)(A) of the United States Grain Standards Act (7 U.S.C.
79(f)(2)(A), 79a(i)(2)(A)).
(3) United states grain standards act terms.--The terms
``grain'', ``official agency'', ``official inspection'',
``officially inspected'', ``official weighing'', ``supervision
of weighing'', and ``Secretary'' have the meanings given the
terms in section 3 of the United States Grain Standards Act (7
U.S.C. 75).
(b) Review.--
(1) In general.--The Secretary shall conduct a comprehensive
nationwide review of the official agency geographic areas.
(2) Considerations.--In conducting the review under
paragraph (1), the Secretary shall take into consideration--
(A) <<NOTE: Time period.>> the number of grain
handling facilities, both within the official agency
geographic areas and in areas that are not official
agency geographic areas, that currently use, or, during
the 5-year period preceding the date of submission of
the report under subsection (c), received service from,
an official agency that provides official inspection,
official weighing, supervision of weighing, or other
services under the United States Grain Standards Act (7
U.S.C. 71 et seq.);
[[Page 134 STAT. 1051]]
(B) the volume of grain for which official agencies
provide services at grain handling facilities within the
official agency geographic areas;
(C) the number of official inspections of vessels
and other carriers within the official agency geographic
areas;
(D) other related services performed by official
agencies at grain handling facilities within the
official agency geographic areas;
(E) the timeliness, accuracy, and appropriateness of
services performed by official agencies at grain
handling facilities within the official agency
geographic areas;
(F) fees charged by official agencies for services
performed under the United States Grain Standards Act (7
U.S.C. 71 et seq.), including grading, weighing,
sampling, stowage examination, and certification; and
(G) any implications of modifications to the
official agency geographic areas on enhancing official
inspection, official weighing, and supervision of
weighing in the domestic market.
(c) Report.--Not later than 18 months after the date of enactment of
this Act, the Secretary shall submit to the Committee on Agriculture of
the House of Representatives and the Committee on Agriculture,
Nutrition, and Forestry of the Senate a report containing--
(1) the results of the review completed under subsection
(b); and
(2) <<NOTE: Recommenda- tions.>> any recommendations with
respect to those results that the Secretary determines
appropriate.
SEC. 9. TECHNICAL CORRECTION.
Section 4(a)(1) of the United States Grain Standards Act (7 U.S.C.
76(a)(1)) is amended by striking ``soybeans mixed'' and inserting
``soybeans, mixed''.
Approved December 11, 2020.
LEGISLATIVE HISTORY--S. 4054:
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CONGRESSIONAL RECORD, Vol. 166 (2020):
Nov. 16, considered and passed Senate.
Dec. 2, considered and passed House.
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