HR 4550 — United States Grain Standards Reauthorization Act of 2025

changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, and existing law in which no 
change is proposed is shown in roman):

 UNITED STATES GRAIN STANDARDS ACT

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 declaration of policy

 Sec. 2. (a) Grain is an essential source of the world's total 
supply of human food and animal feed and is merchandised in 
interstate and foreign commerce. It is declared to be the 
policy of the Congress, for the promotion and protection of 
such commerce in the interests of producers, merchandisers, 
warehousemen, processors, and consumers of grain, and the 
general welfare of the people of the United States, to provide 
for the establishment of official United States standards for 
grain, to promote the uniform application thereof by official 
inspection personnel, to provide for an official inspection 
system for grain, and to regulate the weighing and the 
certification of the weight of grain shipped in interstate or 
foreign commerce in the manner hereinafter provided; with the 
objectives that grain may be marketed in an orderly and timely 
manner and that trading in grain may be facilitated. It is 
hereby found that all grain and other articles and transactions 
in grain regulated under this Act are either in interstate or 
foreign commerce or substantially affect such commerce and that 
regulation thereof as provided in this Act is necessary to 
prevent or eliminate burdens on such commerce and to regulate 
effectively such commerce.
 (b) It is also declared to be the policy of Congress--
 (1) to promote the marketing of grain of high quality 
 to both domestic and foreign buyers;
 (2) that the primary objective of the official United 
 States standards for grain is to certify the quality of 
 grain as accurately as practicable; [and]
 (3) that official United States standards for grain 
 shall--
 (A) define uniform and accepted descriptive 
 terms to facilitate trade in grain;
 (B) provide information to aid in determining 
 grain storability;
 (C) offer users of such standards the best 
 possible information from which to determine 
 end-product yield and quality of grain;
 (D) provide the framework necessary for 
 markets to establish grain quality improvement 
 incentives;
 (E) reflect the economic value-based 
 characteristics in the end uses of grain; and
 (F) accommodate scientific advances in 
 testing and new knowledge concerning factors 
 related to, or highly correlated with, the end 
 use performance of grain[.]; and
 (4) that the Secretary shall prioritize the adoption 
 of improved grain grading technology to provide for 
 efficient, accurate, and consistent grading of grain.

 * * * * * * *

 official inspection authority and funding

 Sec. 7. (a) The Secretary is authorized to cause official 
inspection under the standards provided for in section 4 of 
this Act to be made of all grain required to be officially 
inspected as provided in section 5 of this Act, in accordance 
with such regulations as the Secretary may prescribe.
 (b) The Secretary is further authorized, upon request of any 
interested person, and under such regulations as the Secretary 
may prescribe, to cause official inspection to be made with 
respect to any grain whether by official sample, submitted 
sample, or otherwise within the United States under standards 
provided for in section 4 of this Act, or, upon request of the 
interested person, under other criteria approved by the 
Secretary for determining the kind, class, quality, or 
condition of grain, or other facts relating to grain, whenever 
in the judgment of the Secretary providing such service will 
effectuate any of the objectives stated in section 2 of this 
Act.
 (c) The regulations prescribed by the Secretary under this 
Act shall include provisions for reinspections and appeal 
inspections; cancellation and surrender of certificates 
superseded by reinspections and appeal inspections; and the use 
of standards forms for official certificates. The Secretary may 
provide by regulation that samples obtained by or for employees 
of the Secretary for purposes of official inspection shall 
become the property of the United States, and such samples may 
be disposed of without regard to the provisions of the Federal 
Property and Administrative Services Act of 1949, as amended 
(40 U.S.C. 471 et seq.).
 (d) Official certificates setting out the results of official 
inspection issued and not canceled under this Act shall be 
received by all officers and all courts of the United States as 
prima facie evidence of the truth of the facts stated therein.
 (e)(1) Except as otherwise provided in paragraph (2) of this 
subsection, the Secretary shall cause official inspection at 
export port locations, for all grain required or authorized to 
be inspected by this Act, to be performed by official 
inspection personnel employed by the Secretary or other persons 
under contract with the Secretary as provided in section 8 of 
this Act.
 (2) Delegation of authority to state agencies.--
 (A) In general.--If the Secretary determines, 
 pursuant to paragraph (3) of this subsection, 
 that a State agency is qualified to perform 
 official inspection, meets the criteria in 
 subsection (f)(1)(A) of this section, and (i) 
 was performing official inspection at an export 
 port location under this Act on July 1, 1976, 
 or (ii)(I) performed official inspection at an 
 export port location at any time prior to July 
 1, 1976, (II) was designated under subsection 
 (f) of this section on the date of enactment of 
 the Agriculture and Food Act of 1981 to perform 
 official inspections at locations other than 
 export port locations, and (III) operates in a 
 State from which total annual exports of grain 
 do not exceed, as determined by the Secretary, 
 5 per centum of the total amount of grain 
 exported from the United States annually, the 
 Secretary may delegate authority to the State 
 agency to perform all or specified functions 
 involved in official inspection (other than 
 appeal inspection) at export port locations 
 within the State, including export port 
 locations which may in the future be 
 established, subject to such rules, 
 regulations, instructions, and oversight as the 
 Secretary may prescribe, and any such official 
 inspection shall continue to be the direct 
 responsibility of the Secretary. Any such 
 delegation may be revoked by the Secretary, at 
 the discretion of the Secretary, at any time 
 upon notice to the State agency without 
 opportunity for a hearing.
 (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 
 Agriculture Reauthorizations 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 and affected customers or 
 applicants for service of official 
 inspection or weighing services 
 provided by the State agency 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.
 (3) Prior to delegating authority to a State agency for the 
performance of official inspection at export port locations 
pursuant to paragraph (2) of this subsection, the Secretary 
shall (A) conduct an investigation to determine whether such 
agency is qualified, and (B) make findings based on such 
investigation. In conducting the investigation, the Secretary 
shall consult with, and review the available files of the 
Department of Justice, 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 the General Accounting 
Office.
 (4) The Secretary may provide that grain loaded at an 
interior point in the United States into a rail car, barge, or 
other container as the final carrier in which it is to be 
transported from the United States shall be inspected in the 
manner provided in this subsection or subsection (f) of this 
section, as the Secretary determines will best meet the 
objectives of this Act.
 (5) The Secretary may provide that domestic non-export grain 
loaded or unloaded into or out of a rail car, barge, truck, or 
other container, at an export port location, shall be inspected 
in the manner provided in this subsection or subsection (f), as 
the Secretary determines will best meet the objectives of this 
Act.
 (f)(1) With respect to official inspections other than at 
export port locations, the Secretary is authorized, upon 
application by any State or local governmental agency, or any 
person, to designate such agency or person as an official 
agency for the conduct of all or specified functions involved 
in official inspection (other than appeal inspection) at 
locations where the Secretary determines official inspection is 
needed, if--
 (A) the agency or person shows to the satisfaction of 
 the Secretary that such agency or person--
 (i) has adequate facilities and qualified 
 personnel for the performance of such official 
 inspection functions;
 (ii) will provide for the periodic rotation 
 of official inspection personnel among the 
 grain elevators, warehouses, or other storage 
 or handling facilities at which the State or 
 person provides official inspection, as is 
 necessary to preserve the integrity of the 
 official inspection service;
 (iii) will meet training requirements and 
 personnel standards established by the 
 Secretary under section 8(g) of this Act;
 (iv) will otherwise conduct such training and 
 provide such supervision of its personnel as 
 are necessary to assure that they will provide 
 official inspection in accordance with this Act 
 and the regulations and instructions 
 thereunder;
 (v) will not charge official inspection fees 
 that are discriminatory or unreasonable;
 (vi) if a State or local governmental agency, 
 will not use any moneys collected pursuant to 
 the charging of fees for any purpose other than 
 the maintenance of the official inspection 
 operation of the State or local governmental 
 agency;
 (vii) and any related entities do not have a 
 conflict of interest prohibited by section 11 
 of this Act;
 (viii) will maintain complete and accurate 
 records of its organization, staffing, official 
 activities, and fiscal operations, and such 
 other records as the Secretary may require by 
 regulation;
 (ix) if a State or local governmental agency, 
 will employ personnel on the basis of job 
 qualifications rather than political 
 affiliations;
 (x) will comply with all provisions of this 
 Act and the regulations and instructions 
 thereunder; and
 (xi) meets other criteria established in 
 regulations issued under this Act relating to 
 official functions under this Act;
 (B) the Secretary determines that the applicant is 
 better able than any other applicant to provide 
 official inspection service; and
 (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.
 (2) Geographic boundaries for official agencies.--
 (A) In general.--Subject to subparagraph (B), 
 not more than one official agency designated 
 under paragraph (1) or State delegated 
 authority under subsection (e)(2) to carry out 
 the inspection provisions of this Act shall be 
 operative at the same time in any geographic 
 area defined by the Secretary.
 (B) Exceptions.--Subject to subsection 
 (g)(4)(A), if the Secretary determines that the 
 presence of more than one designated official 
 agency in the same geographic area will not 
 undermine the policy stated in section 2, the 
 Secretary shall allow a designated official 
 agency to cross boundary lines to carry out 
 inspections in another geographic area if--
 (i) the current designated official 
 agency for that geographic area is 
 unable to provide inspection services 
 in a timely manner;
 (ii) a person requesting inspection 
 services in that geographic area has 
 not been receiving official inspection 
 services from the current designated 
 official agency for that geographic 
 area;
 (iii) a person requesting inspection 
 services in that geographic area 
 requests a probe inspection on a barge-
 lot basis; or
 (iv) 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.
 (C) Termination of nonuse of service 
 exception.--The exception under subparagraph 
 (B)(ii) may only be terminated if all parties 
 to that exception jointly agree on the 
 termination, unless terminated according to 
 subsection (g)(4)(A).
 (D) Restoration of certain exceptions.--
 (i) Definition of eligible grain 
 handling facility.--In this 
 subparagraph, the term ``eligible grain 
 handling facility'' means a grain 
 handling facility that--
 (I) was granted an exception 
 under the final rule entitled 
 ``Exceptions to Geographic 
 Areas for Official Agencies 
 Under the USGSA'' (68 Fed. Reg. 
 19137 (April 18, 2003)); and
 (II) had that exception 
 revoked between September 30, 
 2015, and the date of enactment 
 of the Agriculture Improvement 
 Act of 2018.
 (ii) Restoration of exceptions.--
 Within 90 days of notification from an 
 eligible grain handling facility, the 
 Secretary shall restore an exception 
 described in clause (i)(I) with an 
 official agency if--
 (I) the eligible grain 
 handling facility and the 
 former excepted official agency 
 agree to restore that 
 exception; and
 (II) the eligible grain 
 handling facility notifies the 
 Secretary of the preferred date 
 for restoration of the 
 exception within 90 days of 
 enactment of the Agriculture 
 Improvement Act of 2018.
 (3) Except as authorized by the Secretary, no official agency 
or State delegated authority pursuant to subsection (e)(2) of 
this section shall officially inspect under this Act any 
official or other sample drawn from a lot of grain and 
submitted for inspection unless such lot of grain is physically 
located within the geographic area assigned to the agency by 
the Secretary at the time such sample is drawn.
 (4) No State or local governmental agency or person shall 
provide any official inspection for the purposes of this Act 
except pursuant to an unsuspended and unrevoked delegation of 
authority or designation by the Secretary, as provided in this 
section, or as provided in section 8(a) of this Act.
 (g)(1) Designations of official agencies shall terminate at 
such time as specified by the Secretary but not later than 
every 5 years and may be renewed in accordance with the 
criteria and procedure prescribed in subsection (f) of this 
section.
 (2) A designation of an official agency may be amended at any 
time upon application by the official agency if the Secretary 
determines that the amendment will be consistent with the 
provisions and objectives of this Act; and a designation will 
be cancelled upon request by the official agency with ninety 
days written notice to the Secretary. A fee as prescribed by 
regulations of the Secretary shall be paid by the official 
agency to the Secretary for each such amendment, to cover the 
costs incurred by the Secretary in connection therewith, and it 
shall be deposited in the [fund created] trust fund created in 
subsection (j) of this section.
 (3) The Secretary may revoke a designation of an official 
agency whenever, after opportunity for hearing is afforded the 
agency, the Secretary determines that the agency has failed to 
meet one or more of the criteria specified in subsection (f) of 
this section or the regulations under this Act for the 
performance of official functions, or otherwise has not 
complied with any provision of this Act or any regulation 
prescribed or instruction issued to such agency under this Act, 
or has been convicted of any violation of other Federal law 
involving the handling or official inspection of grain: 
Provided, That the Secretary may, without first affording the 
official agency an opportunity for a hearing, suspend any 
designation pending final determination of the proceeding 
whenever the Secretary has reason to believe there is cause for 
revocation of the designation and considers such action to be 
in the best interest of the official inspection system under 
this Act. The Secretary shall afford any such agency an 
opportunity for a hearing within thirty days after temporarily 
suspending such designation.
 (4) Effect on exceptions.--
 (A) In general.--The exceptions under clauses 
 (ii) and (iv) of subsection (f)(2)(B) shall not 
 apply if the designation of an official agency 
 is terminated, pursuant to paragraph (1).
 (B) Designation renewed or restored.--If the 
 designation of an official agency is renewed or 
 restored after being terminated under paragraph 
 (1), the Secretary may renew or restore the 
 exceptions under subsection (f)(2)(B) in 
 accordance with that subsection.
 (h) If the Secretary determines that official inspection by 
an official agency designated under subsection (f) of this 
section is not available on a regular basis at any location 
(other than at an export port location) where the Secretary 
determines such inspection is needed to effectuate the 
objectives stated in section 2 of this Act, and that no 
official agency within reasonable proximity to such location is 
willing to provide or has or can acquire adequate personnel and 
facilities for providing such service on an interim basis, 
official inspection shall be provided by authorized employees 
of the Secretary, and other persons licensed by the Secretary 
to perform official inspection functions, as provided in 
section 8 of this Act, until such time as the service can be 
provided on a regular basis by an official agency.
 (i) The Secretary is authorized to cause official inspection 
under this Act to be made, as provided in subsection (a) of 
section 5 of this Act, in Canadian ports of United States 
export grain transshipped through Canadian ports, and pursuant 
thereto the Secretary is authorized to enter into an agreement 
with the Canadian Government for such inspection. All or 
specified functions of such inspection shall be performed by 
official inspection personnel employed by the Secretary or, 
except for appeals, by persons operating under a contract with 
the Secretary or as otherwise provided by agreement with the 
Canadian Government.
 (j) Fees.--
 (1) Inspection fees.--
 (A) In general.--The Secretary shall, under 
 such regulations as the Secretary may 
 prescribe, charge and collect reasonable 
 inspection fees to cover the estimated cost to 
 the Secretary incident to the performance of 
 official inspection except when the official 
 inspection is performed by a designated 
 official agency or by a State under a 
 delegation of authority.
 (B) Amount of fees.--The fees authorized by 
 this subsection shall, as nearly as practicable 
 and after taking into consideration any 
 proceeds from the sale of samples, cover the 
 costs of the Secretary incident to its 
 performance of official inspection services in 
 the United States and on United States grain in 
 Canadian ports, including administrative and 
 supervisory costs related to such official 
 inspection of grain.
 (C) Use of fees.--Fees described in this 
 paragraph, and the proceeds from the sale of 
 samples obtained for purposes of official 
 inspection which become the property of the 
 United States, shall be deposited into a [fund 
 which] trust fund which shall be available 
 without fiscal year limitation for the expenses 
 of the Secretary incident to providing services 
 under this Act.
 (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.
 (2) Each designated official agency and each State agency to 
which authority has been delegated under subsection (e) of this 
section shall pay to the Secretary fees in such amount as the 
Secretary determines fair and reasonable and as will cover the 
estimated costs incurred by the Secretary relating to 
supervision of official agency personnel and supervision by the 
Secretary of the Secretary's field office personnel, except 
costs incurred under paragraph (3) of subsection (g) of this 
section and sections 9, 10, and 14 of this Act. The fees shall 
be payable after the services are performed at such times as 
specified by the Secretary and shall be deposited in the fund 
created in paragraph (1) of this subsection. Failure to pay the 
fee within thirty days after it is due shall result in 
automatic termination of the delegation or designation, which 
shall be reinstated upon payment, within such period as 
specified by the Secretary, of the fee currently due plus 
interest and any further expenses incurred by the Secretary 
because of such termination. The interest rate on overdue fees 
shall be as prescribed by the Secretary, but not less than the 
current average market yield on outstanding marketable 
obligations of the United States of comparable maturity, plus 
an additional charge of not to exceed 1 per centum per annum as 
determined by the Secretary and adjusted to the nearest one-
eighth of 1 per centum.
 (3) Any sums collected or received by the Secretary under 
this Act and deposited to the [fund created] trust fund created 
in paragraph (1) of this subsection and any late payment 
penalties collected by the Secretary and credited to such fund 
may be invested by the Secretary in insured or fully 
collateralized, interest-bearing accounts or, at the discretion 
of the Secretary, by the Secretary of the Treasury in United 
States Government debt instruments. The interest earned on such 
sums and any late payment penalties collected by the Secretary 
shall be [credited to the fund] credited to the trust fund 
account and shall be available without fiscal year limitation 
for the expenses of the Secretary incident to providing 
services under this Act.
 (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.
 (5) The duties imposed by paragraph (2) on designated 
official agencies and State agencies described in such 
paragraph and the investment authority provided by paragraph 
(3) shall expire on September 30, [2025] 2030. After that date, 
the fees established by the Secretary pursuant to paragraph (1) 
shall not cover administrative and supervisory costs related to 
the official inspection of grain.

 weighing authority

 Sec. 7A. (a) The Secretary shall cause official weighing 
under standards or procedures provided for in section 4 of this 
Act to be made of all grain required to be officially weighed 
as provided in section 5 of this Act, in accordance with such 
regulations as the Secretary may prescribe.
 (b) The Secretary is authorized to cause official weighing or 
supervision of weighing under standards or procedures provided 
in section 4 of this Act to be performed at any grain elevator, 
warehouse, or other storage or handling facility located other 
than at export elevators at export port locations at which 
official inspection is provided pursuant to the provisions of 
this Act, in such manner as the Secretary deems appropriate and 
under such regulations as the Secretary may provide.
 (c)(1) With respect to official weighing or supervision of 
weighing for locations at which official inspection is provided 
by the Secretary, the Secretary shall cause such official 
weighing or supervision of weighing to be performed by official 
inspection personnel employed by the Secretary.
 (2) With respect to official weighing or supervision of 
weighing for any location at which official inspection is 
provided other than by the Secretary, the Secretary is 
authorized, with respect to export port locations, to delegate 
authority to perform official weighing or supervision of 
weighing to the [State agency] State agency or official agency 
providing official inspection service at such location, and 
with respect to any other location, to designate the agency or 
person providing official inspection service at such location 
to perform official weighing or supervision of weighing, if 
such agency or person qualifies for a delegation of authority 
or designation under section 7 of this Act, except that where 
the term ``official inspection'' is used in such section it 
shall be deemed to refer to ``official weighing'' or 
``supervision of weighing'' under this section. If such agency 
or person is not available to perform such weighing services, 
or the Secretary determines that such agency or person is not 
qualified to perform such weighing services, then (A) at export 
port locations official weighing or supervision of weighing 
shall be performed by official inspection personnel employed by 
the Secretary, and (B) at any other location, the Secretary is 
authorized to cause official weighing or supervision of 
weighing to be performed by official inspection personnel 
employed by the Secretary or designate any State or local 
governmental agency, or any person to perform official weighing 
or supervision of weighing, if such agency, or person meets the 
same criteria that agencies must meet to be designated to 
perform official inspection as set out in section 7 of this 
Act, except that where the term ``official inspection'' is used 
in such section it shall be deemed to refer to ``official 
weighing'' or ``supervision of weighing'' under this section. 
Delegations and designations made pursuant to this subsection 
shall be subject to the same provisions for delegations and 
designations set forth in subsections (e) and (g) of section 7 
of this Act.
 (d) The Secretary is authorized to cause official weighing 
under this Act to be made, as provided in subsection (a) of 
section 5 of this Act, in Canadian ports of United States 
export grain transshipped through Canada; and pursuant thereto 
the Secretary is authorized to enter into an agreement with the 
Canadian Government for such official weighing. All or 
specified functions of such weighing shall be performed by 
official inspection personnel employed by the Secretary or, 
except for appeals, by persons operating under a contract with 
the Secretary or as otherwise provided by agreement with the 
Canadian Government.
 (e) The Secretary is further authorized to cause official 
weighing or supervision of weighing under standards or 
procedures provided for in section 4 of this Act to be made at 
grain elevators, warehouses, or other storage or handling 
facilities not subject to subsection (a) or (b) of this 
section, upon request of the operator of such grain elevator, 
warehouse, or other storage or handling facility and in 
accordance with such regulations as the Secretary may 
prescribe.
 (f) No official weighing or supervision of weighing shall be 
provided for the purposes of this act at any grain elevator, 
warehouse, or other storage or handling facility until such 
time as the operator of the facility has demonstrated to the 
satisfaction of the Secretary that the operator (1) has and 
will maintain, in good order, suitable grain-handling equipment 
and accurate scales for all weighing of grain at the facility, 
in accordance with the regulations of the Secretary; (2) will 
permit only competent persons with a reputation for honesty and 
integrity and who are approved by the Secretary to operate the 
scales and to handle grain in connection with weighing of the 
grain, in accordance with this Act; (3) when weighing is to be 
done by persons other than official inspection personnel, will 
require such persons to operate the scales in accordance with 
the regulations of the Secretary and to require that each lot 
of grain for delivery from any railroad car, truck, barge, 
vessel, or other means of conveyance at the facility is 
entirely removed from such means of conveyance and delivered to 
the scales without avoidable waste or loss, and each lot of 
grain weighed at the elevator for shipment from the facility is 
entirely delivered to the means of conveyance for which 
intended, and without avoidable waste or loss, in accordance 
with the regulations of the Secretary; (4) will provide all 
assistance needed by the Secretary for making any inspection or 
examination and carrying out other functions at the facility 
pursuant to this Act; and (5) will comply with all other 
requirements of this Act and the regulations hereunder.
 (g) Official certificates setting out the results of official 
weighing or supervision of weighing, issued and not cancelled 
under this Act, shall be received by all officers and all 
courts of the United States as prima facie evidence of the 
truth of the facts stated herein.
 (h) No State or local governmental agency or person shall 
weigh or state in any document the weight of grain determined 
at a location where official weighing is required to be 
performed as provided for in this section except in accordance 
with the procedures prescribed pursuant to this section.
 (i) Unauthorized Weighing Prohibited.--
 (1) In general.--No State or local governmental 
 agency or person other than an authorized employee of 
 the Secretary shall perform official weighing or 
 supervision of weighing for the purposes of this Act 
 except in accordance with the provisions of an 
 unsuspended and unrevoked delegation of authority or 
 designation by the Secretary as provided in this 
 section or as otherwise provided in section 7(i) and 
 subsection (d).
 (2) Geographic boundaries for official agencies.--
 (A) In general.--Subject to subparagraph (B), 
 not more than one designated official agency 
 referred to in paragraph (1) or State agency 
 delegated authority pursuant to subsection 
 (c)(2) to carry out the weighing provisions of 
 this Act shall be operative at the same time in 
 any geographic area defined by the Secretary.
 (B) Exceptions.--If the Secretary determines 
 that the presence of more than one designated 
 official agency in the same geographic area 
 will not undermine the policy stated in section 
 2, the Secretary shall allow a designated 
 official agency to cross boundary lines to 
 carry out weighing in another geographic area 
 if--
 (i) the current designated official 
 agency for that geographic area is 
 unable to provide weighing services in 
 a timely manner;
 (ii) a person requesting weighing 
 services in that geographic area has 
 not been receiving official weighing 
 services from the current designated 
 official agency for that geographic 
 area; or
 (iii) 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.
 (C) Restoration of certain exceptions.--
 (i) Definition of eligible grain 
 handling facility.--In this 
 subparagraph, the term ``eligible grain 
 handling facility'' means a grain 
 handling facility that--
 (I) was granted an exception 
 under the final rule entitled 
 ``Exceptions to Geographic 
 Areas for Official Agencies 
 Under the USGSA'' (68 Fed. Reg. 
 19137 (April 18, 2003)); and
 (II) had that exception 
 revoked between September 30, 
 2015 and the date of enactment 
 of the Agriculture Improvement 
 Act of 2018.
 (ii) Restoration of exceptions.--
 Within 90 days of notification from an 
 eligible grain handling facility, the 
 Secretary shall restore an exception 
 described in clause (i)(I) with an 
 official agency if--
 (I) the eligible grain 
 handling facility and the 
 former excepted official agency 
 agree to restore that 
 exception; and
 (II) the eligible grain 
 handling facility notifies the 
 Secretary of the preferred date 
 for restoration of the 
 exception within 90 days of 
 enactment of the Agriculture 
 Improvement Act of 2018.
 (j) The provisions of this section shall not limit any 
authority vested in the Secretary under the United States 
Warehouse Act (39 Stat. 486, as amended; 7 U.S.C. 241 et seq.).
 (k) The representatives of the Secretary shall be afforded 
access to any elevator, warehouse, or other storage or handling 
facility from which grain is delivered for shipment in 
interstate or foreign commerce or to which grain is delivered 
from shipment in interstate or foreign commerce and all 
facilities therein for weighing grain.
 (l) Fees.--
 (1) Weighing fees.--
 (A) In general.--The Secretary shall, under 
 such regulations as the Secretary may 
 prescribe, charge and collect reasonable fees 
 to cover the estimated costs to the Secretary 
 incident to the performance of the functions 
 provided for under this section except as 
 otherwise provided in paragraph (2) of this 
 subsection.
 (B) Amount of fees.--The fees authorized by 
 this paragraph shall, as nearly as practicable, 
 cover the costs of the Secretary incident to 
 performance of its functions related to 
 weighing, including administrative and 
 supervisory costs directly related thereto.
 (C) Use of fees.--Fees described in this 
 paragraph shall be deposited into the [fund 
 created] trust fund created in section 7(j) of 
 this Act.
 (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.
 (2) Each agency to which authority has been delegated under 
this section and each agency or other person which has been 
designated to perform functions related to weighing under this 
section shall pay to the Secretary fees in such amount as the 
Secretary determines fair and reasonable and as will cover the 
costs incurred by the Secretary relating to supervision of the 
agency personnel and supervision by the Secretary of the 
Secretary's field office personnel incurred as a result of the 
functions performed by such agencies, except costs incurred 
under sections 7(g)(3), 9, 10, and 14 of this Act. The fees 
shall be payable after the services are performed at such times 
as specified by the Secretary and shall be deposited in the 
[fund created] trust fund created in section 7(j) of this Act. 
Failure to pay the fee within thirty days after it is due shall 
result in automatic termination of the delegation or 
designation, which shall be reinstated upon payment, within 
such period as specified by the Secretary, of the fee currently 
due plus interest and any further expenses incurred by the 
Secretary because of such termination. The interest rate on 
overdue fees shall be as prescribed by the Secretary, but not 
less than the current average market yield on outstanding 
marketable obligations of the United States of comparable 
maturity, plus an additional charge of not to exceed 1 per 
centum per annum as determined by the Secretary, and adjusted 
to the nearest one-eighth of 1 per centum.
 (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.
 (4) The authority provided to the Secretary by paragraph (1) 
and the duties imposed by paragraph (2) on agencies and other 
persons described in such paragraph shall expire on September 
30, [2025] 2030. After that date, the Secretary shall, under 
such regulations as the Secretary may prescribe, charge and 
collect reasonable fees to cover the estimated costs of 
official weighing and supervision of weighing except when the 
official weighing or supervision of weighing is performed by a 
designated official agency or by a State under a delegation of 
authority. The fees authorized by this paragraph shall, as 
nearly as practicable, cover the costs of the Secretary 
incident to its performance of official weighing and 
supervision of weighing services in the United States and on 
United States grain in Canadian ports, excluding administrative 
and supervisory costs. The fees authorized by this paragraph 
shall be deposited into a fund which shall be available without 
fiscal year limitation for the expenses of the Secretary 
incident to providing services under this Act.

 testing of equipment

 Sec. 7B. (a) The Secretary shall provide for the testing of 
all equipment used in the sampling, grading, inspection, and 
weighing for the purpose of official inspection, official 
weighing, or supervision of weighing of grain located at all 
grain elevators, warehouses, or other storage or handling 
facilities at which officials inspection or weighing services 
are provided under this Act, to be made on a random and 
periodic basis, under such regulations as the Secretary may 
prescribe, as the Secretary deems necessary to assure the 
accuracy and integrity of such equipment. Such regulations 
shall provide for the charging and collection of reasonable 
fees to cover the estimated costs to the Secretary incident to 
the performance of such testing by employees of the Secretary. 
Such fees shall be deposited into the [fund created] trust fund 
created by section 7(j) of this Act.
 (b) The Secretary is authorized to cause such testing 
provided for in subsection (a) to be performed (1) by personnel 
employed by the Secretary, or (2) by States, political 
subdivisions thereof, or persons under the supervision of the 
Secretary, under such regulations as the Secretary may 
prescribe.
 (c) Notwithstanding any other provision of law, no person 
shall use for the purposes of this Act any such equipment not 
approved by the Secretary.

 Limitation on administrative and supervisory costs

 Sec. 7D. The total administrative and supervisory costs which 
may be incurred under this Act for services performed 
(excluding standardization, compliance, and foreign monitoring 
[activities)] activities, equipment, and development of 
technology) for each of the fiscal years 1989 through [2025] 
2030 shall not exceed 30 per centum of the total costs for such 
activities carried out by the Secretary for such year.

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 general authorities

 Sec. 16. (a) The Secretary is authorized to conduct such 
investigations; hold such hearings; require such reports from 
any official agency, any State agency delegated authority under 
this Act, license, or other person; and prescribe such rules, 
regulations, and instructions, as the Secretary deems necessary 
to effectuate the purposes or provisions of this Act. Such 
regulations may require, as a condition for official inspection 
or official weighing or supervision of weighing, among other 
things, (1) that there be installed specified sampling, 
handling, weighing, and monitoring equipment in grain 
elevators, warehouses, and other grain storage or handling 
facilities, (2) that approval of the Secretary be obtained as 
to the condition of vessels and other carriers or receptacles 
for the transporting or storing of grain, and (3) that persons 
having a financial interest in the grain which is to be 
inspected (or their agents) shall be afforded an opportunity to 
observe the weighing, loading, and official inspection thereof, 
under conditions prescribed by the Secretary. Whether any 
certificate, other form, representation, designation, or other 
description is false, incorrect, or misleading within the 
meaning of this Act shall be determined by tests made in 
accordance with such procedures as the Secretary may adopt to 
effectuate the objectives of this Act, if the relevant facts 
are determinable by such tests. Proceedings under section 9 of 
this Act for refusal to renew, or for suspension or revocation 
of, a license shall not, unless requested by the respondent, be 
subject to the administrative procedure provisions in sections 
554, 556, and 557 of title 5 of the United States Code.
 (b) The Secretary is authorized to investigate reports or 
complaints of discrepancies and abuses in the official 
inspection and weighing of grain under this Act. The Secretary 
shall prescribe by regulation procedures for (1) promptly 
investigating (A) complaints of foreign grain purchasers 
regarding the official inspection or official weighing of grain 
shipped from the United States, (B) the cancellation of 
contracts for the export sale of grain required to be inspected 
or weighed under this Act, and (C) any complaint regarding the 
operation or administration of this Act or any official 
transaction with which this Act is concerned; and (2) taking 
appropriate action on the basis of the findings of any 
investigation of such complaints.
 (c) The Secretary is authorized to cause official inspection 
personnel to monitor in foreign nations which are substantial 
importers of grain from the United States, grain imported from 
the United States upon its entry into the foreign nation, to 
determine whether such grain is of a comparable kind, class, 
quality, and condition after considering the handling methods 
and conveyance utilized at the time of loading, and the same 
quantity that it was certified to be upon official inspection 
and official weighing in the United States.
 (d) 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) shall conduct such investigations 
regarding the operation or administration of this Act or any 
official transaction with which this Act is concerned, as the 
Director thereof deems necessary to assure the integrity of 
official inspection and weighing under this Act.
 (e) The Secretary is authorized to conduct, in cooperation 
with other agencies within the [Department of Agriculture] 
Department of Agriculture and official agencies, a continuing 
research program for the purpose of developing methods to 
improve accuracy and uniformity in grading grain.
 (f) To assure the normal movement of grain at all inspection 
points in a timely manner consistent with the policy expressed 
in section 2 of this Act, the Secretary shall, notwithstanding 
any other provision of law, provide adequate personnel to meet 
the inspection and weighing requirements of this Act.
 (g) Testing of Certain Weighing Equipment.--(1) Subject to 
paragraph (2), the Secretary may provide for the testing of 
weighing equipment used for purposes other than weighing grain. 
The testing shall be performed--
 (A) in accordance with such regulations as the 
 Secretary may prescribe; and
 (B) for a reasonable fee established by regulation or 
 contractual agreement and sufficient to cover, as 
 nearly as practicable, the estimated costs of the 
 testing performed.
 (2) Testing performed under paragraph (1) may not conflict 
with or impede the objectives specified in section 2.
 (h) Testing of Grain Inspection Instruments.--(1) Subject to 
paragraph (2), the Secretary may provide for the testing of 
grain inspection instruments used for commercial inspection. 
The testing shall be performed--
 (A) in accordance with such regulations as the 
 Secretary may prescribe; and
 (B) for a reasonable fee established by regulation or 
 contractual agreement and sufficient to cover, as 
 nearly as practicable, the estimated costs of the 
 testing performed.
 (2) Testing performed under paragraph (1) may not conflict 
with or impede the objectives specified in section 2.
 (i) Additional For Fee Services.--(1) In accordance with such 
regulations as the Secretary may provide, the Secretary may 
perform such other services as the Secretary considers to be 
appropriate.
 (2) In addition to the fees authorized by sections 7, 7A, 7B, 
17A, and this section, the Secretary shall collect reasonable 
fees to cover the estimated costs of services performed under 
paragraph (1) other than standardization and foreign monitoring 
activities.
 (3) To the extent practicable, the fees collected under 
paragraph (2), together with any proceeds from the sale of any 
samples, shall cover the costs, including administrative and 
supervisory costs, of services performed under paragraph (1).
 (j) Deposit of Fees.--Fees collected under subsections (g), 
(h), and (i) shall be deposited into the [fund created] trust 
fund created under section 7(j).
 (k) Official Courtesies.--The Secretary may extend 
appropriate courtesies to official representatives of foreign 
countries in order to establish and maintain relationships to 
carry out the policy stated in section 2. No gift offered or 
accepted pursuant to this subsection shall exceed $20 in value.

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 registration requirements

 Sec. 17A. (a) The Secretary shall provide, by regulation, for 
the registration of all persons engaged in the business of 
buying grain for sale in foreign commerce, and in the business 
of handling, weighing, or transporting of grain for sale in 
foreign commerce. This section shall not apply to--
 (1) any person who only incidentally or occasionally 
 buys for sale, or handles, weighs, or transports grain 
 for sale and is not engaged in the regular business of 
 buying grain for sale, or handling, weighing, or 
 transporting grain for sale;
 (2) any producer of grain who only incidentally or 
 occasionally sells or transports grain which the 
 producer has purchased;
 (3) any person who transports grain for hire and does 
 not own a financial interest in such grain; or
 (4) any person who buys grain for feeding or 
 processing and not for the purpose of reselling and 
 only incidentally or occasionally sells such grain as 
 grain.
 (b)(1) All persons required to register under this Act shall 
submit the following information to the Secretary:
 (A) the name and principal address of the business,
 (B) the names of all directors of such business,
 (C) the names of the principal officers of such 
 business,
 (D) the names of all persons in a control 
 relationship with respect to such business,
 (E) a list of locations where the business conducts 
 substantial operations, and
 (F) such other information as the Secretary deems 
 necessary to carry out the purposes of this Act.
Persons required to register under this section shall also 
submit to the Secretary the information specified in clauses 
(A) through (F) of this paragraph with respect to any business 
engaged in the business of buying grain for sale in interstate 
commerce, and in the business of handling, weighing, or 
transporting of grain for sale in interstate commerce, if, with 
respect to such business, the person otherwise required to 
register under this section is in a control relationship.
 (2) For the purposes of this section, a person shall be 
deemed to be in a ``control relationship'' with respect to a 
business required to register under subsection (a) and with 
respect to applicable interstate business if--
 (A) such person has an ownership interest of 10 per 
 centum or more in such business, or
 (B) a business or group of business entities, with 
 respect to which such person is in a control 
 relationship, has an ownership interest of 10 per 
 centum or more in such business.
 (3) For purposes of clauses (A) and (B) of paragraph (2) of 
this subsection, a person shall be considered to own the 
ownership interest which is owned by his or her spouse, minor 
children, and relatives living in the same household.
 (c) The Secretary shall issue a certificate of registration 
to persons who comply with the provisions of this section. The 
certificate or registration issued in accordance with this 
section shall be renewed annually. If there has been any change 
in the information required under subsection (b), the person 
holding such certificate shall, within thirty days of the 
discovery of such change, notify the Secretary of such change. 
No person shall engage in the business of buying grain for sale 
in foreign commerce, and in the business commerce unless the 
person has registered with the Secretary as required by this 
Act and has an unsuspended and unrevoked certificate of 
registration.
 (d) The Secretary may suspend or revoke any certificate of 
registration issued under this section whenever, after the 
person holding such certificate has been afforded an 
opportunity for a hearing in accordance with sections 554, 556, 
and 557 of title 5 of the United States Code, the Secretary 
shall determine that such person has violated any provision of 
this Act or of the regulations promulgated thereunder, or has 
been convicted of any violation involving the handling, 
weighing, or inspection of grain under title 18 of the United 
States Code.
 (e) The Secretary shall charge and collect fees from any 
person registered under this section. The amount of such fees 
shall be determined on the basis of the costs of the Secretary 
in administering the registering required by this section. Such 
fees shall be deposited in, and used as part of, the [fund 
described] trust fund described in section 7(j) of this Act.

 reporting requirements

 Sec. 17B. (a) On December 1 of each year, the Secretary shall 
submit a report to the Committee on Agriculture of the House of 
Representatives and the Committee on Agriculture, Nutrition, 
and Forestry of the Senate regarding the effectiveness of the 
official inspection and weighing system under this Act for the 
prior fiscal year, with recommendations for any legislative 
changes necessary to accomplish the objectives stated in 
section 2 of this Act.
 (b) The Secretary shall notify the Committee on Agriculture 
of the House of Representatives and the Committee on 
Agriculture, Nutrition, and Forestry of the Senate (1) of any 
complaint regarding faulty grain delivery made to the 
Department of Agriculture by a foreign purchaser of United 
States grain, within thirty days after a determination by the 
Secretary that there is reasonable cause to believe that the 
grain delivery was in fact faulty, and (2) 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), within thirty days after receipt by the 
Secretary or the Secretary of notice of the cancellation of any 
contract for the export of more than one hundred thousand 
metric tons of grain.
 (c) On December 1 of each year, 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 summary of all other complaints received by the 
Department of Agriculture during the prior fiscal year from 
foreign purchasers and prospective purchasers of United States 
grain and other foreign purchasers interested in the trade of 
grain, and the resolution thereof: Provided, That the summary 
shall not include a complaint unless reasonable cause exists to 
believe that the complaint is valid, as determined by the 
Secretary.
 (d) Enhancement of Current Reporting.--
 (1) Increased frequency of inspection program data 
 reporting.--
 (A) 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.
 (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) 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) Additional Reporting; Consultation.--[The Secretary may, 
to the extent determined appropriate by the Secretary] On 
December 1 of each year, the Secretary shall, 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) an analysis of any and all existing deficiencies 
 in the technology evaluation process and 
 recommendations to advance the efficiency, accuracy, 
 and consistency of grain grading and minimize costs 
 imposed on the Federal Government and the grain export 
 industry; and
 [(2)] (3) 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. 19. FUNDING.

 (a) Authorization of Appropriations.--There are authorized to 
be appropriated $23,000,000 for standardization and compliance 
activities, monitoring in foreign ports grain officially 
inspected and weighed under this Act, and any other expenses 
necessary to carry out the provisions of this Act for each of 
the fiscal years [2021 through 2025] 2026 through 2030, to the 
extent that financing is not obtained from fees and sales of 
samples as provided for in sections 7, 7A, 7B, 16, and 17A.
 (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] other services (excluding grading 
 services performed under the Agricultural 
 Marketing Act of 1946), or registration, the 
 cost to the Secretary of which is authorized to 
 be covered by the 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.

 advisory committee

 Sec. 21. (a) Not later than ninety days after the date of 
enactment of this section, the Secretary shall establish an 
advisory committee to provide advice to the Secretary with 
respect to implementation of this Act consistent with the 
declarations of policy in section 2 of this Act. The advisory 
committee shall consist of fifteen members, appointed by the 
Secretary, who represent the interests of all segments of the 
grain producing, processing, storing, merchandising, consuming, 
and exporting industries, including grain inspection and 
weighing agencies and scientists with expertise in research 
related to the policies established in section 2 of this Act. 
Members of the advisory committee shall be appointed to three-
year terms, except that of the initial fifteen members of the 
advisory committee first appointed following the enactment of 
this section, five shall be appointed for terms of one year and 
five shall be appointed for terms of two years. No member of 
the advisory committee may serve successively for more than 2 
terms. Notwithstanding the previous sentence, if the Secretary 
does not make a new appointment upon the completion of a term 
of an existing member (including such existing member's second 
successive term), then such existing member shall continue to 
serve until such appointment is made.
 (b) The advisory committee shall be governed by the 
provisions of chapter 10 of title 5, United States Code.
 (c) The Secretary shall provide the advisory committee with 
necessary clerical assistance and staff personnel.
 (d) Members of the advisory committee shall serve without 
compensation, if not otherwise officers or employees of the 
United States, except that members shall, while away from their 
homes or regular places of business in the performance of 
services under this Act, be allowed travel expenses, including 
per diem in lieu of subsistence, as authorized under section 
5703 of title 5, United States Code.
 (e) The authority provided to the Secretary for the 
establishment and maintenance of an advisory committee under 
this section shall expire on September 30, [2025] 2030.

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