Sec. 301. Reauthorization of United States Grain Standards Act
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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 or other circumstances which would not impair the objectives of this Act and inserting shall waive the foregoing requirement in emergency or other circumstances that would not impair the objectives of this Act whenever the parties to a contract for such shipment mutually agree to the waiver and documentation of such agreement is provided to the Secretary prior to shipment .
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 . Section 5 of the United States Grain Standards Act ( 7 U.S.C. 77 ) is amended by adding at the end the following:
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— immediately take such actions as are necessary to address the disruption and resume inspections or weighings; 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— the disruption; and any actions necessary to address the concerns of the Secretary relating to the disruption so that inspections or weighings may resume; and 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. . Section 7(e)(2) of the United States Grain Standards Act ( 7 U.S.C. 79(e)(2) ) is amended— by striking
(2)If the Secretary and inserting the following: If the Secretary ; in the first sentence— by striking and
(A)and inserting and
(i); by striking or (B)(i) and inserting or (ii)(I) ; by striking
(ii)and inserting
(II); and by striking
(iii)and inserting
(III); and by adding at the end the following: 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). Not later than 1 year after the date of enactment of the Agriculture Reauthorizations Act of 2015 , the Secretary shall establish a process for certification under which the Secretary shall— publish in the Federal Register notice of intent to certify a State agency and provide a 30-day period for public comment; evaluate the public comments received and, in accordance with paragraph (3), conduct an investigation to determine whether the State agency is qualified; make findings based on the public comments received and investigation conducted; and 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. 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. The Secretary shall consider receipt of a notice described in clause
(i)as a factor in administering the delegation of authority under this paragraph. . Section 7(f)(1) of the United States Grain Standards Act ( 7 U.S.C. 79(f)(1) ) is amended— in subparagraph (A)(xi), by striking and at the end; in subparagraph (B), by striking the period at the end and inserting ; and ; and by adding at the end the following: the Secretary— 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 works with the applicant to address any concerns identified during the consultation process. . 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— the current designated official agency for that geographic area is unable to provide inspection services in a timely manner; a person requesting inspection services in that geographic area requests a probe inspection on a barge-lot basis; or 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. . 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— the current designated official agency for that geographic area is unable to provide weighing services in a timely manner; or 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. . 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 . Section 7(j) of the United States Grain Standards Act ( 7 U.S.C. 79(j)(1) ) is amended— by striking (j)(1) The Secretary and inserting the following: The Secretary ; in paragraph (1)— the second sentence, by striking The fees and inserting the following: The fees ; in the third sentence, by striking Such fees and inserting the following: Fees described in this paragraph ; and by adding at the end the following: 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. ; by redesignating paragraph
(4)as paragraph (5); by inserting after paragraph
(3)the following: 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 in paragraph
(5)(as redesignated by subparagraph (C)), in the first sentence, by striking 2015 and inserting 2020 . Section 7A of the United States Grain Standards Act ( 7 U.S.C. 79a ) is amended— 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 in subsection ( l )— by striking (l)(1) The Secretary and inserting the following: The Secretary ; in paragraph (1)— the second sentence, by striking The fees and inserting the following: The fees ; in the third sentence, by striking Such fees and inserting the following: Fees described in this paragraph ; and by adding at the end the following: 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. ; by redesignating paragraph
(3)as paragraph (4); by inserting after paragraph
(2)the following: 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 in paragraph
(4)(as redesignated by subparagraph (C)), in the first sentence, by striking 2015 and inserting 2020 . Section 7D of the United States Grain Standards Act ( 7 U.S.C. 79d ) is amended by striking 2015 and inserting 2020 . 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 . Section 19 of the United States Grain Standards Act ( 7 U.S.C. 87h ) is amended by striking 2015 and inserting 2020 . Section 21(e) of the United States Grain Standards Act ( 7 U.S.C. 87j(e) ) is amended by striking 2015 and inserting 2020 .
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Sec. 301
Reauthorization of United States Grain Standards Act
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