U.S. Grain Standards Act: Reauthorization in the 114th Congress

Congressional research reportNov 12, 2015

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U.S. Grain Standards Act: Reauthorization in

the 114th Congress

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Analyst in Agricultural Policy

November 12, 2015

Congressional Research Service

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R43803

U.S. Grain Standards Act: Reauthorization in the 114th Congress

Summary

Under the United States Grain Standards Act (USGSA) of 1916, the federal government is

authorized to establish official marketing standards (not health and safety standards) for grains

and oilseeds, and to provide procedures for grain inspection and weighing. To encourage the

marketing of high-quality grain for an agriculture sector that is highly dependent on export

demand, the USGSA requires that exported grains and oilseeds be officially inspected (if sold by

grade) and weighed. Domestic shipments do not require official inspection and weighing, but the

service is available and is often performed. As authorized by the USGSA, all official services are

financed by user fees, with the federal portion of fee revenue maintained in a trust fund. Activities

such as developing grain standards and procedures for measuring quality are financed with

congressionally appropriated funds.

The Federal Grain Inspection Service (FGIS) of the U.S. Department of Agriculture (USDA)

promotes the uniform application of U.S. grain standards by official inspection personnel. FGIS

inspects or oversees the inspection (by official state or private agencies) of more than half of the

grain produced in the United States. FGIS directly inspects about two-thirds of exported grain and

oversees the inspection (by state agencies) of the remainder.

Most of the USGSA is permanently authorized, including mandatory inspection and weighing of

exported grain, as well as authority to amend grain standards of quality. However, several

provisions were set to expire on September 30, 2015. A lapse in authorization could have

disrupted the current grain inspection and weighing program, but it would not necessarily have

halted official grain inspections.

The USGSA was reauthorized on September 30, 2015, with the enactment of the Agriculture

Reauthorizations Act of 2015 (P.L. 114-54). Four expiring provisions—authority for

appropriations, authority to charge fees, an administrative/supervisory cost cap, and authority for

an advisory committee—were extended until September 30, 2020.

Besides extending the four expiring provisions, the act addressed several policy issues. These

policy issues were included in either the original House (H.R. 2088) or Senate (S. 1417)

reauthorization bills, or both.

For example, the final reauthorization act (P.L. 114-54) included provisions on disruptions in

inspection and weighing services. The act requires USDA to take immediate action to address a

disruption of inspection and weighing services, but leaves the decision about how to resume

services to the Secretary. The act also requires USDA to keep Congress informed should there be

other disruptions in service. P.L. 114-54 also allows customers to utilize inspection and weighing

services outside of exclusive geographic boundaries if certain conditions are met. In addition, the

act requires that delegated state agencies be certified every five years and UDSA has one year to

establish a notice-and-comment process for certifying delegated state agencies.

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U.S. Grain Standards Act: Reauthorization in the 114th Congress

Contents

Reauthorization of USGSA ............................................................................................................. 1

The United States Grain Standards Act ........................................................................................... 1

U.S. Grain Inspection System ......................................................................................................... 2

Legislative History .......................................................................................................................... 4

Enactment of Federal Grain Standards and Inspections in 1916............................................... 4

Amendments Through 1976: Increasing the Federal Role ........................................................ 4

1980s and 1990s: Funding, Advisory Committee, and Quality ................................................ 5

Since 1990: Cost Containment and Modest Change ................................................................. 5

Major Provisions in the Final Reauthorization ................................................................................ 6

Expiring Provisions ................................................................................................................... 7

Additional Policy Issues ............................................................................................................ 8

Interruption in Service/Continuity of Operations ............................................................... 8

Geographical Boundaries for Official Agencies ............................................................... 10

Period of Official Agency Designation ............................................................................. 10

Approval Process for Delegated State Agencies ................................................................ 11

Expanding the Pool of Agencies for Export Inspections ................................................... 11

Fees for Standards Development and Maintenance .......................................................... 12

Fee Changes and the User Fee Trust Fund........................................................................ 12

Tables

Table 1. Comparison of Current Law, House-Passed Bill (H.R. 2088), Senate Agriculture

Committee-Approved Bill (S. 1417), and Enacted Law (P.L. 114-54) ...................................... 14

Table A-1. Laws, Regulations, and Other Information .................................................................. 23

Table A-2. Legislative History of the United States Grain Standards Act (USGSA) .................... 24

Appendixes

Appendix A. References for United States Grain Standards Act................................................... 23

Appendix B. Issues for Expiring Provisions ................................................................................. 26

Contacts

Author Contact Information .......................................................................................................... 28

Acknowledgments ......................................................................................................................... 28

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U.S. Grain Standards Act: Reauthorization in the 114th Congress

Reauthorization of USGSA

Most of the United States Grain Standards Act (USGSA) is permanently authorized, including

mandatory inspection and weighing of exported grain, and federal authority to establish and

amend grain standards of quality. However, several key provisions of the law were set to expire

on September 30, 2015. While the expiring provisions would not necessarily have brought

official grain inspections and weighing to a halt, a lapse could have affected funding and

disrupted the current grain inspection and weighing program.

The USGSA was reauthorized on September 30, 2015, with the enactment of the Agriculture

Reauthorizations Act of 2015 (P.L. 114-54). Four expiring provisions—authority for

appropriations, authority to charge fees, an administrative/supervisory cost cap, and authority for

an advisory committee—were extended until September 30, 2020. Besides extending the four

provisions, the act included provisions addressing disruptions in inspection and weighing

services, geographic service boundaries, and inspection and weighing authorities that were

included in the House (H.R. 2088) and/or Senate (S. 1417) reauthorization bills. (See Table 1 for

a comparison of the two bills and the enacted bill.)

The agriculture committees in both chambers approved by voice vote their respective bills to

reauthorize the expiring provisions for five years. The House passed H.R. 2088 by voice vote on

June 9, 2015. The Senate-reported bill did not receive a floor vote. The Senate amended the

House-passed Mandatory Price Reporting Act of 2015 (H.R. 2051) to include reauthorization

provisions for the USGSA, Mandatory Price Reporting, and the National Forest Foundation, all of

which were set to expire on September 30, 2015. H.R. 2051, as amended by the Senate, passed

the Senate by unanimous consent and passed the House by voice vote.

The United States Grain Standards Act

The United States Grain Standards Act (USGSA) of 1916—P.L. 64-190, as amended (7 U.S.C. 71

et seq.)—authorizes the Federal Grain Inspection Service (FGIS) of the U.S. Department of

Agriculture (USDA) to establish official marketing standards (not health and safety standards) for

certain grains and oilseeds.1 The specific crops are barley, canola, corn, flaxseed, oats, rye,

sorghum, soybeans, sunflower seed, triticale, wheat, and mixed grain.2 As issued and modified in

regulations, official grain standards define each grain, classes of the grain, and numerical grades.

The grades specify physical characteristics such as minimum weight and maximum percentage of

defects (e.g., foreign material, damaged kernels). The standards facilitate the marketing of grain

by serving as contract language, enabling buyers and sellers to more easily determine quality (and

therefore value) of these commodities.

FGIS promotes the uniform application of U.S. grain standards by official inspection personnel.

Specifically, to encourage the marketing of high-quality grain for an agriculture sector that is

highly dependent upon export demand, the USGSA requires that exported grains and oilseeds be

1

FGIS is located in USDA’s Grain Inspection, Packers and Stockyards Administration (GIPSA).

Under a separate law, the Agricultural Marketing Act (AMA) of 1946, as amended, FGIS also administers and

enforces certain inspection and standardization activities related to rice, pulses, lentils, and processed grain products

such as flour and corn meal, as well as other agricultural commodities.

2

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officially inspected (if sold by grade) and weighed.3 Export inspections are carried out by either

federal inspectors or federally supervised state inspection agencies, called delegated official

inspection agencies. Domestically marketed grain and oilseeds may be, but are not required to be,

officially inspected. Official inspections of domestically traded grain are done by federally

supervised state agencies and private companies, called designated official inspection agencies.

As authorized by the USGSA, all official inspections are financed by user fees, with the federal

portion of fee revenue maintained in a trust fund.4 FGIS activities such as developing grain

standards and improving techniques for measuring grain quality are financed with

congressionally appropriated funds. In FY2014, user fee revenue under USGSA was $45.8

million, and the FGIS appropriation was $17.9 million.5

The USGSA also prohibits deceptive practices with respect to the inspection and weighing of

grain and provides penalties for violations of the act. Prohibitions include altering official

certificates, exporting grain without official personnel on site, and adding foreign material to any

grain. In general, policy officials in USDA and the grain industry support the continuation of

nationally uniform grades, the availability of official inspections in the domestic market, and the

mandatory application of official weighing and inspection for exported grain.

Table A-1, at the end of this report, contains links to the act’s statutory provisions, associated

regulations, official service providers, and other information.

U.S. Grain Inspection System6

FGIS inspects or oversees the inspection of more than half of the grain produced in the United

States. During FY2011-FY2013, the average annual amount of grain receiving official inspection

was 273 million metric tons, or about 56% of U.S. production. Of the inspected amount, 62% was

for domestic shipment and the remainder for export. Grain not officially inspected includes grain

that does not require official inspection (e.g., grain used domestically), grain inspected by

unofficial entities, and exports by companies shipping less than 15,000 metric tons, which are not

covered by the USGSA.7

For domestic shipments, voluntary official grain inspection is provided primarily by a network of

official state and private agencies under the USGSA. FGIS’s Domestic Inspection Operations

Office (DIOO) in Kansas City oversees a total of about 50 official agencies (called designated

state agencies and designated private agencies) located throughout the country.8 Each agency

3

References to official inspection in this report also include official weighing.

Appropriators typically limit agency obligations for inspection and weighing services from fees collected (however,

the annual appropriations law typically does not limit the amount of user fees that can be collected). The limit was $50

million in FY2014 (not accounting for any reduction due to sequestration). Total FGIS user fee account obligations

under both USGSA and AMA were a combined $46 million in FY2014.

5

User fees collected under AMA totaled $8 million in FY2014. The FGIS appropriation covers activities under both

acts (USGSA and AMA).

6

The primary source for this section is U.S. Department of Agriculture, Federal Grain Inspection Service: 2013

Annual Report, December 2013, http://www.gipsa.usda.gov/publications/fgis/ar/2013-fgis-AR.pdf.

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The USGSA requires registration of exporters who buy, handle, weigh, or transport at least 15,000 metric tons per

year of U.S. grain for sale in foreign commerce. During FY2014, FGIS issued 106 certificates of registration to

individuals and firms.

8

See map at http://www.gipsa.usda.gov/about/pdf_files/map-oa.pdf.

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covers a specific and exclusive geographic area, which is authorized by the USGSA in part to

ensure that the official state or private agency receives enough business for it to remain

financially viable and to maintain staff for an on-site laboratory that can serve the entire area.9

FGIS grants requests by grain shippers that allow for some boundary flexibility.

All employees of an official agency must be licensed and lab equipment must meet federal

standards. User fees charged by official state and private agencies for services are approved by

FGIS and must be “reasonable” as specified in 7 C.F.R. Section 800.70.10 An additional fee is

charged by FGIS for supervising official inspection and/or weighing services. Other (unofficial)

inspection companies may be operating in these regions, but only an agency designated by FGIS

is allowed to issue official inspection certificates.

For exports, FGIS directly inspects about two-thirds of exported grain and oversees the inspection

of the remainder. Exporters are required to use the service provided by either the FGIS field

offices (located in Louisiana, Ohio, Oregon, and Texas) or a delegated state agency (Alabama,

South Carolina, Virginia, Washington, and Wisconsin) within geographic boundaries of the export

port in which they operate. FGIS provides mandatory export inspection and weighing services on

a fee basis at 45 export elevators, including 4 floating rigs. The five delegated state agencies offer

official service at an additional 13 export elevators with FGIS oversight. Fees are specified in 7

C.F.R. Section 800.71, and are composed of hourly rates, fees for services beyond basic grade

analysis (e.g., protein level), and a fee for each metric ton to cover local administrative and/or

national support costs.11

In 2013, amid broad industry support to maintain inspection services, USDA increased fees to

ensure full funding of official inspection and weighing services in future years.12 With reduced

levels of grain volume in FY2012 and FY2013 due to drought-reduced crops in 2012, fee revenue

did not keep pace with costs, resulting in a negative balance in the user fee trust fund for the

export inspection and weighing program in FY2013. With a rebound in grain volumes (and higher

fees), fee revenues in FY2014 increased substantially, resulting in a positive fund balance.13

FGIS headquarters are located in Washington, DC. The agency operates the National Grain

Center in Kansas City, MO, seven field offices, one federal/state office, and three sub-offices. In

9

According to USDA, exclusive territories also minimize the risk of “grade shopping” that could be exacerbated by

competition for business if every agency could provide service anywhere. Furthermore, without exclusive territories,

inspection agencies might focus on larger, higher volume exporters and possibly overlook smaller exporters. The

opposing view is that elimination of geographic boundaries would benefit the grain industry by increasing competition

and would not necessarily jeopardize the integrity of the official inspection program.

10

Fees are to (a) cover the cost of inspection and weighing services, (b) be consistent with similar fees assessed by

adjacent agencies, (c) be assessed based on average cost of similar services at all locations, and (d) be supported by

information showing how the fees were developed. Approved fee schedules are posted at http://www.gipsa.usda.gov/

fgis/svc_provid/providers.html.

11

In 7 C.F.R. §800.71, Schedule A is FGIS inspections and Schedule B is FGIS supervision of inspection and weighing

services.

12

USDA did not receive any comments opposing the proposed rule. See Grain Inspection, Packers and Stockyards

Administration, “Fees for Official Inspection and Official Weighing Services Under the United States Grain Standards

Act (USGSA),” 78 Federal Register 22151-22166, April 15, 2013.

13

In FY2013, trust fund levels were positive for the other three FGIS programs: oversight of official agencies, rice

program, and commodity program (edible beans, peas, lentils, and processed products like wheat flour, soybean meal,

vegetable oil, and corn meal). Annual user fee account data are available for FY2000-FY2014 at

http://www.gipsa.usda.gov/fgis/public_financialdata.aspx.

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FY2013, the agency employed approximately 400 full-time staff and 123 temporary staff. In total,

the U.S. grain inspection network consists of approximately 2,000 staff members at federal, state,

and private laboratories.

Legislative History

During the last half of the 19th century, and prior to enactment of current grain standards law,

local grain markets were operated with their own grades and grading methods. By 1900,

numerous states and trade organizations were inspecting grain for quality at inspection points

across the country, often with widely different standards and terminology. The lack of accepted

grain standards and inspection procedures contributed to chaotic marketing conditions and

inefficient marketing of agricultural commodities. Disputes arose between producers, traders, and

buyers from as far away as Europe with charges of poor quality and unfair practices.14

Enactment of Federal Grain Standards and Inspections in 1916

Following unsuccessful attempts by the industry to voluntarily adopt grain standards, the United

States Grain Standards Act (USGSA) was enacted on August 11, 1916, to help coordinate efforts

to improve the grading system. The first standard was established for corn and became effective

December 1, 1916. The act also required certain export and interstate shipments of grain to be

officially inspected if sold by grade. USDA was directed to issue licenses to state inspectors and

private inspection agencies, and to supervise their activities. Only licensed inspectors could issue

official grade certificates.

Amendments Through 1976: Increasing the Federal Role

The USGSA has been amended 18 times since it was enacted (see Table A-2). The first change

came in 1940 when it was modified to include soybeans. In 1956 it was amended to prohibit

issuance of false certificates by the deceptive loading, handling, or sampling of grain. In 1958, an

amendment authorized USDA to recover the cost of overtime resulting from performing appeal

inspection services.

A major revision came in 1968, when Congress eliminated the requirement that interstate

shipments be inspected if sold by grade, which reportedly created inefficiencies in grain

movements and added costs by requiring inspections even when neither buyer nor seller wanted

an official grade. (For export shipments, inspections and designations by grade remained

mandatory.) Other provisions extended the lead time to initiate changes in standards from 90 days

to one year and increased penalties for violations of the act.

Another significant change in the mid-1970s elevated the federal role following investigations

into reports of misgrading of grain, “short” weighing, bribery, and other irregularities in grain

inspection and weighing. A number of firms and individuals were indicted by federal grand juries

and ultimately convicted. The incidents threatened the credibility of the U.S. grain marketing

system, and in response, amendments to USGSA were enacted in 1976 that for the first time

14

Information sources for this section include USDA, The Federal Grain Inspection Service (FGIS), Annual Report to

Congress 1977, http://www.gipsa.usda.gov/fgis/publication/ar/1977_fgis_AR.pdf; and Lowell D. Hill, Grain Grades

and Standards—Historical Issues Shaping the Future (Urbana, IL: University of Illinois Press, 1990).

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established official weighing services, recordkeeping by elevators, registration of grain exporters,

and user fees to cover federal supervision costs. Importantly, the 1976 amendment established the

Federal Grain Inspection Service (FGIS) and required either federal inspection or state agency

inspections for export. Previous law had required either state agency or private agency

inspections but had not authorized federal inspections. The 1976 amendment also included

provisions restricting grain companies and boards of trade from sponsoring inspection agencies,

which had apparently led to conflicts of interest.

1980s and 1990s: Funding, Advisory Committee, and Quality

In the late 1970s and early 1980s, legislation focused on funding and advisory issues, including a

repeal and then reinstatement of user fees, establishment of an industry advisory committee,

elimination of the requirement for official weighing except for exports, and limits on

administrative and supervisory costs in user fees. Also, for the first time, legislation in 1981

provided the authorization of appropriations for a specified period of time (through FY1984).

Subsequent reauthorizations of the USGSA have extended this authority for varying periods of

time, including through FY2015 in the USGSA reauthorization enacted in 2005.

Beginning in the mid-1980s, congressional focus shifted to grain quality. The 1985 farm bill (P.L.

99-198) required a study on grain export standards and blending practices. In 1986, measures

were enacted to prohibit reintroduction of foreign material (including dust) once removed from

grain, and to study incentives for high quality and feasibility of tests for determining value of

end-use characteristics. The quality emphasis continued in the 1990 farm bill (P.L. 101-624),

which established a grain quality committee within USDA and provisions for improving

cleanliness of grain through existing standards and additional prohibitions on contamination.

Since 1990: Cost Containment and Modest Change

In 1993, Congress extended the authorization of appropriations for grain inspection services and

collection of user fees through FY2000, authorized inspection and weighing activities in

Canadian ports, and authorized a pilot program to permit more than one official agency to carry

out inspections within a single geographic area. Congress also directed USDA to develop and

carry out a comprehensive cost containment plan to minimize expenditures and user fees.15

Congress in 2000 reauthorized the pilot program to allow more than one designated official

agency to carry out inspections and weighing services within the same geographic area under

certain conditions. It also reduced the limitation on administrative and supervisory costs in user

fees from 40% to 30% and prohibited the disguising of grain quality. Congress also extended

through FY2005 the authorization of appropriations for grain inspection services, collection of

certain user fees, and authority for an advisory committee.

The most recent reauthorization of the USGSA was enacted as P.L. 109-83 in 2005 (see box

below). It made no change to the law except to extend the respective end dates for certain

authorities through FY2015. To reduce federal staff costs, Congress had considered giving USDA

authority to contract export inspections and weighing services to private companies (with federal

oversight), but USDA determined it already had that authority.16 USDA later evaluated the cost

15

16

In 1994, P.L. 103-354 made miscellaneous conforming amendments to USGSA.

Senator Chambliss, “U.S. Grain Standards Act,” Congressional Record, September 28, 2005, p. S10583.

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effectiveness of using its existing contract authority for contractors to provide official inspection

and weighing services at export port locations. It concluded that doing so would not result in

savings for the industry or enhance the competitiveness of U.S. grain exports.17 In contrast,

analysis conducted for the North American Grain Export Association concluded that a

competitive model of inspection service delivery might result in lower overall costs for the

industry based on a cost comparison across countries (see “Expanding the Pool of Agencies for

Export Inspections”).18

Text of P.L. 109-83

SECTION 1. REAUTHORIZATION OF ACT. (a) IN GENERAL.—Sections 7(j)(4), 7A(l)(3), 7D, 19, and 21(e) of the

United States Grains Standards Act (7 U.S.C. 79(j)(4), 79a(l)(3), 79d, 87h, 87j(e)) are amended by striking ‘‘2005’’ each

place it appears and inserting ‘‘2015’’. (b) EFFECTIVE DATE.—The amendments made by subsection (a) take effect on

September 30, 2005.

Major Provisions in the Final Reauthorization

The 114th Congress had several options when considering expiration of several provisions of the

U.S. Grain Standards Act (USGSA). One was to reauthorize them, as Congress did most recently

in 2005, by simply extending the date of expiration. Another option was to reauthorize and make

program modifications, such as fee changes or provisions to minimize service disruptions. A third

option was to let the provisions expire, which would have shifted all export inspections and

weighing services to FGIS and disrupted current operations that use both federal and state agency

inspection services.

Congressional action to reauthorize the USGSA started with H.R. 2088, which was introduced on

April 29, 2015, and offered by the bipartisan leadership of the House Agriculture Committee. The

committee approved the bill by voice vote and without amendment on April 30, 2015. The House

passed H.R. 2088 by voice vote on June 9, 2015.

A similar pattern emerged in the Senate. The Senate Agriculture Committee held a hearing on

May 5, 2015. The committee on May 21, 2015, approved a bill (S. 1417) by voice vote and

without amendment. However, S. 1417 did not receive floor action.

On September 21, 2015, the Senate passed, by unanimous consent, an amended version of the

House-passed Mandatory Price Reporting Act of 2015 (H.R. 2051) that included reauthorization

provisions for the USGSA, Mandatory Price Reporting, and the National Forest Foundation, three

laws (or certain provisions of the laws) that would have expired on September 30, 2015. The

House took up Senate-amended H.R. 2051 on September 28, 2015, and the House passed it by

voice vote. The Agriculture Reauthorizations Act of 2015 (P.L. 114-54) was enacted on

September 30, 2015.

17

USDA, GIPSA, Federal Grain Inspection Service, Evaluation of the Use of Contractors to Enhance the Delivery of

Official Inspection and Weighing Services at Export Port Locations, March 2009, http://www.gipsa.usda.gov/fgis/

publication/Contracting-Report-03-2009.pdf.

18

WKMGlobal Consulting, U.S. Grain and Oilseed Inspection Services Competitiveness Study Report, Export

Competitor and Importer Information, Fairfax, VA, January 30, 2015.

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Expiring Provisions

Most of the USGSA is permanently authorized, including mandatory export inspections and

USDA’s authority to establish (and amend) grain standards. Four specific provisions of the law

would have expired on September 30, 2015.

A summary of the July 2014 meeting of the Grain Inspection Advisory Committee noted that “no

major changes have been suggested” for the 2015 reauthorization of the USGSA, and the

committee recommended that the expiring provisions of the act should be reauthorized for a

minimum of 10 years in order to assure uninterrupted service.19 Others, including the National

Grain and Feed Association and the North American Export Grain Association, recommended a

shorter, five-year authorization, given the dynamic nature of the grain industry.

The following four provisions were extended five years until September 30, 2020, in the enacted

Agriculture Reauthorizations Act of 2015 (P.L. 114-54).

Authority for appropriations (7 U.S.C. 87h). Congress appropriates funds to

GIPSA that are made available to FGIS for developing standards, paying for

related agency costs, and improving measurement procedures. Of the $40.3

million appropriated to GIPSA in FY2014, GIPSA provided $17.9 million for

FGIS activities. Appropriations do not fund inspections, which are covered by

user fees.

FGIS authority for charging fees required for federal supervision of state

agencies’ export inspections and weighing (7 U.S.C. 79(j)(4) and 7 U.S.C.

79a(l)(3)). Official inspections and weighing services are performed by either

FGIS or official agencies under FGIS supervision. The authority allows FGIS to

charge fees for the required federal supervision of export inspections performed

by a state agency and the authority to invest these funds. Similarly, the authority

allows FGIS to collect fees for the required federal supervision of weighing

services performed by an official agency.

Administrative/supervisory cost cap of 30% (7 U.S.C. 79d). The reauthorized

statute maintains a 30% limit on administrative and supervisory costs relative to

total costs for services. The cap was established (and subsequently reduced) to

encourage cost cutting.

Authority for an advisory committee (7 U.S.C. 87j(e)). The advisory

committee meets regularly to advise FGIS on programs and services it delivers,

and its recommendations are designed to help the agency better meet the needs of

its customers.

See Appendix B, Issues for Expiring Provisions, for a discussion of potential consequences if

the four provisions had not been reauthorized.

19

Grain Inspection Advisory Committee, Meeting Summary, Kansas City, MO, July 15-16, 2014,

http://www.gipsa.usda.gov/fgis/advcommittee/july2014/Summary-GIAC-Meeting-KC-071514.pdf.

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Additional Policy Issues

Besides expiring authorities, several policy issues were considered as Congress reviewed the

reauthorization of the USGSA. These issues involved fees, the period of official agency

designation, the approval process for delegated state agencies, limits on geographical boundaries,

and a congressional response to the interruption in export services in the state of Washington in

2014.20

Some of the policy issues and enacted provisions, where relevant, are discussed below. Table 1

provides a detailed comparison of all provisions in H.R. 2088 and S. 1417 with current law, and

the enacted legislation, P.L. 114-54.

Interruption in Service/Continuity of Operations

In early July 2014, the state agency providing export inspections at the United Grain Corporation

terminal at the Port of Vancouver (Washington) discontinued its service amid an ongoing labor

dispute between United Grain (and two other exporting companies) and the International

Longshore and Warehouse Union. The inspection agency had been concerned with employee

safety at the entrance of the site where demonstrations had been held since the dispute began in

2013. The United Grain terminal is a major grain export facility on the West Coast.

In mid-July 2014, a number of agricultural groups urged USDA to take immediate action to

restore service, by using either federal inspectors or qualified inspectors from other delegated

agencies.21 The Grain Advisory Committee also called on USDA to restore grain inspection

service. The committee adopted the following resolution in its July 2014 meeting.22

Therefore be it resolved that the Grain Inspection Advisory Committee urges in the strongest

terms that FGIS take whatever actions are necessary to immediately restore official grain

inspection and weighing service wherever and whenever it is disrupted, either by immediately

replacing absent inspectors with FGIS Official personnel or with inspectors from available

qualified providers, including other designated or delegated Official Agencies.

Under the USGSA and given that export inspections are mandatory, USDA has discretion to grant

a waiver of inspection in an emergency, and the Secretary of Agriculture has broad authority to

determine what constitutes an emergency.23 In July 2014, United Grain reportedly shipped grain

by obtaining a waiver from the inspection requirement.24 The company also relocated grain to

other facilities for inspection, which increased shipping costs, as it attempted to maintain grain

20

Information in this section is based in part on testimony delivered during the hearings conducted by the House and

Senate Agriculture Committees. For testimony, see https://agriculture.house.gov/hearing/subcommittee-general-farmcommodities-and-risk-management-%E2%80%93-public-hearing and http://www.ag.senate.gov/hearings/review-ofthe-us-grain-standards-act.

21

National Grain and Feed Association, “USDA Urged to Immediately Restore Official Grain Inspection Service at

Port of Vancouver, Wash.,” press release, July 29, 2014, http://www.ngfa.org/2014/07/29/usda-urged-to-immediatelyrestore-official-grain-inspection-service-at-port-of-vancouver-wash/.

22

Grain Inspection Advisory Committee, Resolutions, Kansas City, MO, July 15, 2014, http://www.gipsa.usda.gov/

fgis/advcommittee/july2014/July-2014-Meeting-Resolutions.pdf.

23

7 U.S.C. §77(a)(1).

24

Mike Francis, “United Grain Operations Slow at Port of Vancouver after Gov. Inslee Pulls Security Escorts,” The

Oregonian, July 24, 2014, http://www.oregonlive.com/business/index.ssf/2014/07/

united_grain_operations_slow_a.html.

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U.S. Grain Standards Act: Reauthorization in the 114th Congress

flows to export customers. In early August 2014, USDA declined using federal inspectors at the

United Grain Corporation terminal at the Port of Vancouver because “the situation does not

ensure that FGIS inspectors will have safe access to the facility.”25 Later that month, the grain

companies and union reached an agreement to end the dispute, and inspections resumed at the

United Grain company terminal. Although the incident was resolved, grain industry and

congressional concerns continued through fall 2014 and into 2015.26

In response to questions about the July/August 2014 events, FGIS reported at the March 3, 2015,

hearing of the House Appropriations Subcommittee on Agriculture that the agency now has a

safety mitigation plan in place for entrance and exit at the Port of Vancouver, Washington.

Consequently, FGIS is confident that the next time an incident occurs, the response time for

sending in federal inspectors to ensure the export of grain will be much shorter. After reviewing

the plan and the situation on the ground, FGIS expects to work as quickly as possible to relocate

federal inspectors to Vancouver from other parts of the country. FGIS has also prepared

preliminary safety plans for all grain export facilities in the United States by using lessons learned

in Vancouver, including researching and cataloging all local, state, and federal emergency

contacts in the locality of each facility.

These steps by FGIS might not sufficiently address industry and congressional concerns.

Testimony at a House Agriculture Subcommittee hearing on April 22, 2015, by the grain

industry—including the National Grain and Feed Association (NGFA), North American Export

Grain Association (NAEGA), and American Farm Bureau—called for legislative language that

would reinforce the obligation of USDA to perform inspections, including a specific timeline for

action by USDA to maintain the availability of export inspections.

A point of contention is who would serve as the “safety valve” when inspections provided by

state agencies are disrupted. Some groups, including NGFA and NAEGA, want to use private

inspectors to fill the gap in the event of a disruption, noting the cost-competiveness of private

inspectors and widespread use of additional inspection services that they currently provide.

Others, including the National Association of Wheat Growers and the American Federation of

Government Employees, prefer that any restored service would be conducted by FGIS or by

another delegated state agency, given serious problems in the 1970s with private export

inspection agencies that led to a more prominent federal role for official export inspections.

Separately, the National Farmers Union is concerned that enacting a specific timeline and

required actions for USDA could limit or even eliminate USDA’s discretionary authority when

responding to unforeseen events.

Both H.R. 2088 and S. 1417 addressed the issue of service disruptions and maintaining the

availability of export inspections, but they differed in how USDA is to respond. The House bill

required mandatory waivers of requirements for export inspection. The Senate bill left more

discretion to the Secretary in determining how to address a disruption.

25

Christine Stebbins, “US Pacific Northwest Exports Backlogged, Delays Could Worsen,” Reuters, August 8, 2014.

For example, see Office of Senator Steve Daines, “Daines Demands Commitment to On-Time Federal Grain

Inspection Services,” press release, March 10, 2015, http://www.daines.senate.gov/content/daines-demandscommitment-time-federal-grain-inspection-service. Concerns from the industry include the U.S. Wheat Associates, the

export market development organization for the U.S. wheat industry, which has emphasized the need for uninterrupted

grain inspection services. See “Policy Matters,” Wheat Life, March 2015, pp. 22-23, http://www.wheatlife.org/Issues/

03_WLMar15web.pdf.

26

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U.S. Grain Standards Act: Reauthorization in the 114th Congress

Enacted Provisions

The final reauthorization act (P.L. 114-54) requires USDA to take immediate action to address a

disruption of inspection and weighing services, but leaves the decision about how to resume

services to the Secretary. Within 24 hours of a disruption, USDA is required to submit a report to

Congress that describes the disruption and what actions need to be taken to address it. USDA is to

continue to send Congress daily update reports until the inspection and weighing services are

resumed. The act also requires any state agency that decides to temporarily suspend inspection

and weighing services to provide USDA an advance notice of at least 72 hours.

Lastly, the act requires USDA to submit a report to Congress on the factors that led to the

disruption in federal inspection of grain exports at the Port of Vancouver in the summer of 2014.

The report is to include a description of the port facility, security needs at the port (with available

resources for security), and any policy changes that can be implemented to prevent a similar

disruption at any location.

Geographical Boundaries for Official Agencies

Each official agency covers a specific and exclusive geographic area, which is authorized by the

USGSA. Exclusivity is granted to ensure the economic viability of inspection and weighing

services (see “U.S. Grain Inspection System”). Inspection customers could seek a waiver of the

geographic boundaries restriction (if, for example, they are not satisfied with their service), and

USDA could consider granting it under certain circumstances. These included the official

inspection agency not being able to conduct the inspection in a timely manner, the customer not

previously being an existing customer of the official agency, or the customer was requesting a

probe inspection on a barge-lot basis.

A provision in the House bill (H.R. 2088) addressed exclusive geographic boundaries by allowing

official agencies to perform domestic inspection and weighing services outside their geographic

boundaries under certain conditions. The Senate bill (S. 1417) did not include a provision on

geographic boundaries

Enacted Provisions

The reauthorization act states that USDA “shall allow” official agencies to cross geographic

boundaries to conduct inspections under three conditions. The “timely manner” and “probe

inspection” provisions were maintained. The “existing customer” condition was dropped. The

third condition, from H.R. 2088, allows customers to receive official domestic inspection or

weighing from a service provider in an adjacent geographic area if both the prospective service

provider and the current one agree to waive, in writing, the current geographic area restriction at

the request of the customer.

Period of Official Agency Designation

USDA approves state and private entities to provide official inspection and/or weighing services

on behalf of the federal government. The time period for “official agency designation” was three

years, as specified in regulation, after which the agency must request a renewal of the

Congressional Research Service

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U.S. Grain Standards Act: Reauthorization in the 114th Congress

designation.27 The American Association of Grain Inspection and Weighing Agencies (AAGIWA)

wanted Congress to extend the period of designation to five years. The association expects that

the longer period would allow agencies to secure more favorable financing and better control

business costs without limiting FGIS’s authority to revoke the designation if the agency does not

adequately perform. Both House and Senate bills included provisions to increase the designation

duration to five years.

Enacted Provisions

The final reauthorization act (P.L. 114-54) changed the period of designation from three to five

years.

Approval Process for Delegated State Agencies

The National Grain and Feed Association (NGFA) and the North American Export Grain

Association (NAEGA) advocated for more openness in the process of approving a delegated state

agency (for export inspections). They would like FGIS to adopt the approach used for approving

agencies for domestic inspection, including a Federal Register notice-and-comment period. The

industry groups said the current process did not provide for a periodic and public review of state

inspection agencies. H.R. 2088 and S. 1417 included provisions to address the certification of

delegated state agencies.

Enacted Provisions

The final reauthorization act (P.L. 114-54) requires that state agencies be certified every five

years. Within one year of enactment, USDA is to develop a certification process for delegating

authority to state agencies. The process must include a Federal Register notice-and-comment

period. Final approval must include consideration of the public comments and describe the

rationale for approval.

Expanding the Pool of Agencies for Export Inspections

Besides allowing private agencies to serve as a backup for state agencies in a contingency plan,

groups representing grain exporters also are interested in using current statutory authority to

allow private agencies to perform official inspections at export elevators, thereby potentially

reducing system-wide export inspection costs. The NGFA and NAEGA say foreign buyers of U.S.

grain often require a wide variety of documented characteristics in addition to certificates

specifying U.S. grade, and consequently many shipments are assessed a second time by private

agencies for protein levels or for other analyses. According to the proponents, the current practice

of additional testing by private agencies, and the widespread acceptance by foreign buyers of

their results, suggest that potential cost savings are available to the industry as a whole if official

inspections and additional testing activities are consolidated and performed by a single entity,

with official inspection and weighing activities remaining under federal supervision. Opponents

remain wary of reducing the federal role in direct inspection and prefer to keep the current system

27

7 C.F.R. 800.196 (h).

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U.S. Grain Standards Act: Reauthorization in the 114th Congress

intact, with export inspections performed directly by FGIS or by delegated state agencies.28

Neither the House nor Senate bills addressed expanding the pool of inspection agencies.

Enacted Provisions

The final reauthorization act (P.L. 114-54) did not include provisions on using private inspectors.

Fees for Standards Development and Maintenance

The President’s FY2016 budget proposal recommended that user fees replace $6 million of

appropriated funds to pay for FGIS standardization activities. Standardization activities include

the setting and updating of official standards and the evaluation, selection, and calibration of

testing equipment. This proposal was first made in the early 1980s and has been repeated most

years since. The House and Senate Appropriations Committees have not accepted the proposal,

noting that such a change in policy belongs with the authorizing committees (the House and

Senate Agriculture Committees). The argument in favor of charging fees for standardization is

that the grain industry clearly benefits from the service and should pay the cost. Opponents argue

that the entire industry benefits, not only the users of inspection services, and it would be unfair

to require the users of inspection services to pay the entire cost. Neither bill included provisions

to add user fees to replace some appropriations for standardization activities.

Enacted Provisions

The final reauthorization act (P.L. 114-54) did not include provisions on user fees for

standardization activities.

Fee Changes and the User Fee Trust Fund

The Grain Inspection Advisory Committee has asked for a suspension of additional increases in

export grain inspection and weighing fees when FGIS retained earnings (fee revenue minus costs)

exceed the agency’s three-month reserve level (and tonnage is at or above projected levels),

which is maintained so that FGIS has sufficient operational funds. A step further is advocated by

the National Grain and Feed Association and the North American Grain Export Association,

which want tonnage fees based on a flexible calculation that would result in more accurate fees

and prevent an excessive buildup in the trust fund.29 The Advisory Committee also recommended

that the Grain Inspection, Packers and Stockyards Administration publish financial information

for FGIS user fee accounts on a monthly basis to the agency website for access by users.30 Both

the House and Senate bills included provisions to set a method to calculate inspection and

weighing fees.

28

Official inspections of grain headed for export via inland containers account for about 13% of official export

inspections. These official inspections are performed by designated agencies (not delegated state agencies).

29

Testimony by Nick Friant, on behalf of National Grain and Feed Association and North American Export Grain

Association, U.S. Congress, House Committee on Agriculture, Subcommittee on General Farm Commodities and Risk

Management, hearing to review the reauthorization of the U.S. Grain Standards Act, 114th Cong., 1st sess., April 22,

2015, https://agriculture.house.gov/sites/republicans.agriculture.house.gov/files/pdf/Friant%20Testimony.pdf.

30

Annual figures are available at http://www.gipsa.usda.gov/fgis/public_financialdata.aspx.

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U.S. Grain Standards Act: Reauthorization in the 114th Congress

Enacted Provisions

The final reauthorization act (P.L. 114-54) specified a method to determine fees for inspection

and weighing services at export ports. The portion of fees based on export tonnage is to be based

on the rolling five-year average of exports. USDA is to maintain a three- to six-month operating

reserve, and the Secretary is to adjust fees annually to maintain the reserve.

Table 1 provides a detailed comparison of all provisions in H.R. 2088 and S. 1417 with current

law, and the enacted legislation, P.L. 114-54.

Congressional Research Service

13

Table 1. Comparison of Current Law, House-Passed Bill (H.R. 2088), Senate Agriculture Committee-Approved Bill (S. 1417),

and Enacted Law (P.L. 114-54)

Current Law/Policy

House-Passed Bill

Senate Agriculture CommitteeApproved Bill

Enacted: Agriculture

Reauthorizations Act of 2015

(H.R. 2088)

(S. 1417)

(H.R. 2051; P.L. 114-54)

General Policy and Definitions

The United States Grain Standards

Act (USGSA) of 1916—P.L. 64-190, as

amended—authorizes the Federal

Grain Inspection Service (FGIS) of the

U.S. Department of Agriculture

(USDA) to establish official marketing

standards (not health and safety

standards) for certain grains and

oilseeds.

Most of the act is permanently

authorized, including mandatory

inspection and weighing of exported

grain, and federal authority to

establish and amend grain standards of

quality. However, several provisions

expire on September 30, 2015 (see

below). [7 U.S.C. 71 et seq.]

This act may be cited as the ‘‘United

States Grain Standards Act

Reauthorization Act of 2015.” [§1]

Same as House bill. [§1]

Reauthorization of the U.S. Grain

Standards Act was combined with

Mandatory Price Reporting and the

National Forest Foundation Act

Reauthorization into a single bill.

The act may be cited as the Agriculture

Reauthorizations Act of 2015. [§1]

Specifies that it is 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 U.S. standards for grain is to

certify the quality of grain as

accurately as practicable; and (3) that

official standards for grain shall define

uniform and accepted descriptive

terms to facilitate trade in grain and

provide other functions for efficient

marketing of grain. [7 U.S.C. 74(b)]

Deletes ‘‘to both domestic and foreign

buyers’’ (in paragraph 1) and replaces

with ‘‘responsive to the purchase

specifications of domestic and foreign

buyers.”

A fourth policy objective is added: “to

provide an accurate, reliable, consistently

available, and cost-effective official grain

inspection and weighing system.’’ [§2(a)]

No comparable provision.

No comparable provision.

CRS-14

House-Passed Bill

Senate Agriculture CommitteeApproved Bill

Enacted: Agriculture

Reauthorizations Act of 2015

Current Law/Policy

(H.R. 2088)

(S. 1417)

(H.R. 2051; P.L. 114-54)

Defines a list of terms for official

inspection and weighing, including the

term "grain," which means corn,

wheat, rye, oats, barley, flaxseed,

sorghum, soybeans, mixed grain, and

any other food grains, feed grains, and

oilseeds for which standards are

established under Section 7 (canola,

sunflower seed, and triticale). [7

U.S.C. 75]

For a new provision establishing

continuity of operations (below), adds the

term “major disaster,” which 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 also

includes a severe weather incident

causing a region-wide interruption of

government services.’’ [§2(b)]

No comparable provision.

No comparable provision.

Exported grain must be officially

inspected and weighed (not required if

grain is not sold by grade or not

requested by the shipper or receiver).

The Secretary of Agriculture may

waive the requirement in an

emergency. [7 U.S.C. 77(a)(1-2)]

Changes waiver authority from

discretionary to mandatory by replacing

the words “may waive” with “shall

promptly waive.” [§2(c)(1)]

No comparable provision.

Similar to the House bill as “shall waive”

replaces “may waive.” [§301(a)(1)]

Incoming grain at export elevators

(for overseas shipment) must be

weighed, except for intra-company

shipments and for grain transferred

into an export elevator by

transportation modes other than

barge. [7 U.S.C. 77(a)(2)]

The waiver for incoming grain is

broadened to cover shipments of grain

into an export elevator by any mode of

transportation. [§2(c)(2)]

Same as House bill. [§2(a)(1)]

Same as House bill. [§301(a)(2)]

Official Inspection and Weighing

CRS-15

Current Law/Policy

House-Passed Bill

Senate Agriculture CommitteeApproved Bill

Enacted: Agriculture

Reauthorizations Act of 2015

(H.R. 2088)

(S. 1417)

(H.R. 2051; P.L. 114-54)

Delegation of Official Inspection Authority (Exports)

Authorizes the Secretary to delegate

authority for official inspection of

export shipments to state agencies

that qualify to perform official

inspection and were performing

official inspections at export port

locations on or before July 1, 1976.

Any such delegation may be revoked

by the Secretary at any time. There is

no provision for length of delegation

term or requirement for renewal of

delegation authority. [7 U.S.C.

79(e)(2)]

Prior to delegating authority to a state

agency for performing official

inspection at export port locations,

the Secretary shall conduct an

investigation to determine whether

such agency is qualified. [7 U.S.C.

79(e)(3)]

CRS-16

Removes language specifying that state

agencies are required to have been

operating as of a certain date. [§2(d)(1

and 2(A))]

No comparable provision.

No comparable provision.

Establishes a maximum length of

delegation of five years, and delegation

may be renewed. [§2(d)(2)(A)(iii)]

State agencies must be certified every five

years. [§2(b)(1)]

Same as Senate bill. [§301(b)(1)(C)]

Specifies the process for reviewing an

applicant requesting the delegation of

authority (or renewal of authority),

including a notice of the application

published in the Federal Register with a

minimum 30-day comment period and an

investigation based on public comments

and other information. A notice is to be

published in the Federal Register

announcing whether the state agency has

been approved and the rationale for its

approval.

State agencies must provide at least a 72hour advance notice if services are going

to be temporarily discontinued.

[§2(d)(2)(C)]

Process for certifying state agencies is

similar to House bill. It includes

consideration of any notice of disruption

that the state agency may have filed

(requires a 72 hour advance notice by the

state agency). [§2(b)(1)]

Same as the Senate. [§301(b)(1)(C)]

Current Law/Policy

No comparable provision.

House-Passed Bill

Senate Agriculture CommitteeApproved Bill

Enacted: Agriculture

Reauthorizations Act of 2015

(H.R. 2088)

(S. 1417)

(H.R. 2051; P.L. 114-54)

Not later than two years after the date of

the enactment of this act, the Secretary

shall determine if each state agency is

qualified to continue to perform official

inspection services at export elevators at

export port locations on behalf of the

Secretary [§2(d)(4)]

No comparable provision.

No comparable provision.

Continuity of Operations for Export Inspections and Weighing

No comparable provision.

No comparable provision.

Within 180 days of enactment, the

Secretary must submit to Congress a

report describing the specific factors that

led to disruption in federal inspection of

grain exports at the Port of Vancouver in

the summer of 2014, including a

description of the port facility, security

needs, and available resources for that

purpose. The report is to include any

changes in policy that the Secretary has

implemented to ensure that a similar

disruption in any location does not occur

in the future. [§3]

Same as Senate bill. [§302]

No comparable provision.

Except in the case of a major disaster, the

Secretary shall provide official inspections

at export port locations without

interruption by either official inspection

personnel employed by the Secretary or

by a state agency delegated such

authority. If interrupted, services are to

be resumed by utilizing official inspection

personnel employed by the Secretary or

by another delegated state agency.

Service is to resume within 6 hours after

the interruption if the Secretary received

advance notice of interruption, or within

12 hours if the state agency failed to

provide the required advance notice.

Requires the Secretary to take immediate

action to address any disruption in

inspections or weighing and leaves the

decision on how to resume service to the

Secretary. [§2(a)(2)]

Same as Senate bill. [§301(a)(3)]

CRS-17

Current Law/Policy

No comparable provision.

CRS-18

House-Passed Bill

Senate Agriculture CommitteeApproved Bill

Enacted: Agriculture

Reauthorizations Act of 2015

(H.R. 2088)

(S. 1417)

(H.R. 2051; P.L. 114-54)

If the Secretary is unable to restore

official inspection services within the

applicable time period, the interested

person requesting such services at the

export elevator shall be authorized to

utilize official inspection personnel

employed by another state agency with

delegated authority (exports) or

designated authority (domestic). Such

service by a delegated or designated

agency may continue for up to 90 days.

[§2(e)] Provisions also apply to official

weighing. [§2(i)]

No comparable provision.

No comparable provision.

Except in the case of a major disaster, if a

state agency fails to perform at export

port locations, the Secretary shall submit

a report to Congress on the reasons for

the failure and the rationale as to

whether or not the Secretary will permit

the state agency to retain its delegated

authority. [§2(d)(2)(C)]

Not later than 24 hours after the start of

the disruption, the Secretary must submit

to Congress a report that describes the

disruption and actions necessary to

address the problems so that service may

resume. Daily updates to Congress are

required until official service has resumed.

[§2(a)(2)]

Same as Senate bill. [§301(a)(3)]

If a state agency intends to temporarily

discontinue inspection or weighing

services, the state agency must notify the

Secretary at least 72 hours in advance.

[§2(e)]

Same as House bill. [§2(b)(1)]

Same as House bill. [§301(b)(1)(C)]

Current Law/Policy

House-Passed Bill

Senate Agriculture CommitteeApproved Bill

Enacted: Agriculture

Reauthorizations Act of 2015

(H.R. 2088)

(S. 1417)

(H.R. 2051; P.L. 114-54)

Geographic Boundaries for Official Agencies

Official Inspection Authority.

USDA is authorized to designate a

state or local agency or person as to

conduct official inspections based on

certain criteria. [7 U.S.C. 79(f)(1)]

Not more than one official agency

shall operate at the same time in any

geographic area defined by the

Secretary. Exceptions are allowed if

the Secretary determines that the

presence of more than one designated

official agency in the same geographic

area will not undermine the general

policy objectives of the U.S. Grain

Standards Act (e.g., facilitate the

marketing of grain). [7 U.S.C.

79(f)(2)]

No comparable provision.

The Secretary is to conduct periodic

consultations with customers of

inspection agencies to review

performance, and work with agencies to

address concerns. [§2(b)(2)]

No comparable provision.

Same as Senate bill. [§301(b)(2)]

The Secretary may allow more than

one designated official agency to carry

out inspections within the same

geographical area as part of a pilot

program. [7 U.S.C. 79(f)(2)(A)]

Deletes this provision.

No comparable provision.

Same as House bill. [§301(b)(3)(A)]

The Secretary may allow a designated

official agency to cross boundary lines

to carry out inspections in another

geographic area if:

The Secretary shall allow a designated

official agency to cross boundary lines

under following conditions (two are

unchanged, one is modified).

No comparable provision.

Same as House bill. [§301(b)(3)(A)]

(i) the current designated official

agency for that geographic area is

unable to provide inspection services

in a timely manner;

Retains condition.

No comparable provision.

Same as House bill. [§301(b)(3)(A)]

CRS-19

Restrictions and exceptions continue,

with changes below. [§2(f)(1)]

For inspection services, mandates USDA

to allow designated official agencies to

cross boundaries if certain conditions are

met. [§301(b)(3)(A)]

House-Passed Bill

Senate Agriculture CommitteeApproved Bill

Enacted: Agriculture

Reauthorizations Act of 2015

Current Law/Policy

(H.R. 2088)

(S. 1417)

(H.R. 2051; P.L. 114-54)

(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; or

Condition replaced with “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.”

No comparable provision.

Same as House bill. [§301(b)(3)(A)]

(iii) a person requesting inspection

services in that geographic area

requests a probe inspection on a

barge-lot basis. [7 U.S.C. 79(f)(2)(B)]

Retains condition.

No comparable provision.

Same as House bill. [§301(b)(3)(A)]

Official Weighing Authority. Same

as inspection authority above but

excludes item (iii) above. [7 U.S.C.

79a(i)(2)]

Same provisions as for inspections above

but excludes condition related to probe

inspection on a barge-lot basis. [§2(f)(2)]

No comparable provision.

Same as House bill. [§301(b)(3)(B)]

Duration of the designation term is

increased from 3 years to 5 years. [§2(g)]

Same as House bill. [§2(b)(3)]

Same as House bill. [§301(b)(4)]

Provision retained.

Specifies a method to determine fees for

official inspection and weighing at export

port locations (performed either by

USDA or delegated state agencies) to

better reflect current export levels

(which affect per-unit costs). The portion

of fees based on export tonnage shall be

based on a rolling five-year average of

export tonnage. Also, in order to

maintain an operating reserve of between

three to six months, the Secretary shall

adjust fees at least annually. [§2(h)(1)]

Same as House bill for inspections

[§2(b)(4)] and weighing [§2(c)].

For inspection, same as House bill.

[§301(b)(5)(B) & (D)]

For weighing, same as House bill.

[§301(c)(2)(B) & (D)]

Duration of Designation of Official Agencies

Designations of official agencies shall

terminate at such time as specified by

the Secretary but not later than

triennially and may be renewed. [7

U.S.C. 79(g)(1)]

Inspection Fees

The Secretary shall charge and collect

reasonable inspection fees to cover

the estimated cost to the Secretary

incident to the performance of official

inspection. Fees are deposited into a

fund and made available without fiscal

year limitation for the expenses of the

Secretary incident to providing

services. [7 U.S.C. 79(j)(1)]

CRS-20

Current Law/Policy

House-Passed Bill

Senate Agriculture CommitteeApproved Bill

Enacted: Agriculture

Reauthorizations Act of 2015

(H.R. 2088)

(S. 1417)

(H.R. 2051; P.L. 114-54)

Licensing of Inspectors

The Secretary is authorized to issue

licenses to individuals for official

inspection or weighing. [7 U.S.C.

84(a)] All classes of licenses issued

shall terminate triennially. [7 U.S.C.

84(b)]

Duration of license is increased from

three to five years. [§2(l)(1)]

Same as House bill. [§2(e)]

Same as House bill. [§301(e)]

No comparable provision.

Within 180 days of enactment, the

Secretary is required to submit to

Congress a report describing the policy

barriers to U.S. grain producers in

countries that do not offer grading of U.S.

grain or designate U.S. grain at a lower

grade than its official U.S. grade. [§4]

Same as Senate bill. [§303]

Authority for charging fees for

supervision of inspection services [7

U.S.C. 79(j)(4)] and official weighing

[7 U.S.C. 79a(1)(3)] expires on

September 30, 2015.

Expiration date is changed to September

30, 2020. [§2(h)(2) and §2(j)]

Same as House bill. [§2(b)(4) and §2(c)]

Expiration date is changed to September

30, 2020. [§301(b)(5)(E)]

The total administrative and

supervisory costs that may be

incurred for services performed for

each of the fiscal years 1989 through

2015 shall not exceed 30% of the total

costs. [7 U.S.C. 79d]

Provision is extended through FY2020.

[§2(k)]

Same as House bill. [§2(d)]

Provision is extended through FY2020.

[§301(d)]

Report on Policy Barriers

No comparable provision.

Expiring Provisions

CRS-21

House-Passed Bill

Senate Agriculture CommitteeApproved Bill

Enacted: Agriculture

Reauthorizations Act of 2015

Current Law/Policy

(H.R. 2088)

(S. 1417)

(H.R. 2051; P.L. 114-54)

Congress appropriates funds for

developing standards, paying for

related agency costs, and improving

lab procedures. Appropriations do

not fund inspections, which are

covered by user fees. The authority

for appropriations of such sums as

necessary, to the extent that financing

is not from fees, expires on

September 30, 2015. [7 U.S.C. 87h]

Expiration date is changed to September

30, 2020. [§2(m)]

Same as House bill. [§2(f)]

Expiration date is changed to September

30, 2020. [§301(f)]

An advisory committee meets

regularly to advise the Secretary on

programs and services it delivers.

Authority for the advisory committee

expires on September 30, 2015. [7

U.S.C. 87j(e)]

Expiration date is changed to September

30, 2020. [§2(n)]

Same as House bill. [§2(g)]

Expiration date is changed to September

30, 2020. [§301(g)]

Source: CRS.

CRS-22

U.S. Grain Standards Act: Reauthorization in the 114th Congress

Appendix A. References for United States Grain

Standards Act

Table A-1. Laws, Regulations, and Other Information

Item

Statute

Reference

Link

Compilation, as amended through P.L.

109-83, September 30, 2005

http://www.ag.senate.gov/download/united-statesgrain-standards-act

P.L. 109-83 (USGSA, amendment)

http://www.gpo.gov/fdsys/pkg/PLAW-109publ83/pdf/

PLAW-109publ83.pdf

119 Stat. 2053

http://heinonline.org/HOL/Page?handle=hein.statute/

sal119&id=1&size=2&collection=statute&index=

statdocs#2114

Codification

7 U.S.C. 71 et seq.

http://uscode.house.gov/view.xhtml?path=/

prelim@title7/chapter3&edition=prelim

Regulations

7 C.F.R. §800 - General regulations

http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&SID=

89728873dd6db7cbd4920c182863a5a1&tpl=/

ecfrbrowse/Title07/7cfr800_main_02.tpl

7 C.F.R. §801 - Official performance

requirements for grain inspection

equipment

http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&SID=

89728873dd6db7cbd4920c182863a5a1&tpl=/

ecfrbrowse/Title07/7cfr801_main_02.tpl

7 C.F.R. §802 - Official performance and

procedural requirements for grain

weighing equipment and related grain

handling systems

http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&SID=

89728873dd6db7cbd4920c182863a5a1&tpl=/

ecfrbrowse/Title07/7cfr802_main_02.tpl

7 C.F.R. §810 - Official United States

standards for grain

http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&SID=

89728873dd6db7cbd4920c182863a5a1&tpl=/

ecfrbrowse/Title07/7cfr810_main_02.tpl

Historical

standards

Historical compilation of standards

changes

http://www.gipsa.usda.gov/fgis/standards/history/

standards_history.pdf

Official Service

Providers

List of providers that comprise the official

grain inspection and weighing system

http://www.gipsa.usda.gov/fgis/svcpro.html

FGIS information

Agency reports and publications, including

annual reports, grain export quality

reports, directories, and technical

handbooks, brochures, and procedure

references

http://www.gipsa.usda.gov/Publications/

pub_fgis.html#hb

Source: CRS.

Note: An electronic compilation of USGSA information (in pdf) is available from the author.

Congressional Research Service

23

U.S. Grain Standards Act: Reauthorization in the 114th Congress

Table A-2. Legislative History of the United States Grain Standards Act (USGSA)

Date

Statute

Public Law

Aug. 11,

1916

39 Stat.

482

P.L. 64-190—United

States Grain Standards

Act (USGSA)

Authorized the Secretary of Agriculture to investigate grading of grain,

establish standards of quality for corn, wheat, rye, oats, barley, and

flaxseed. If sold by grade, prohibited interstate or foreign shipment

unless inspected. USDA directed to issue licenses to state inspectors

and private inspection agencies, and supervise their activities.

Jul. 18,

1940

54 Stat.

765

P.L. 76-750—USGSA,

amendment

Added soybeans to list of commodities.

Aug. 1,

1956

70 Stat.

780

P.L. 84-861—USGSA,

amendment

Prohibited issuance of false certificates.

Jul. 11,

1958

72 Stat.

352

P.L. 85-509—USGSA,

amendment

Authorized USDA to recover the cost of overtime from performing

appeal inspection services.

Aug. 15,

1968

82 Stat.

761

P.L. 90-487—U.S. Grain

Standards Act

Removed requirement for inspecting interstate shipments if sold by

grade; greater penalties for violations.

Oct. 21,

1976

90 Stat.

2867

P.L. 94-582—USGSA of

1976

Established the Federal Grain Inspection Service; established official

weighing services; required elevator recordkeeping and exporter

registration; authorized direct FGIS inspections for exports; required

user fees for federal supervision of inspection and weighing services.

Sep. 29,

1977

91 Stat.

1024

P.L. 95-113—USGSA,

amendment; Title XVI of

the Food and Ag. Act of

1977 (1977 farm bill)

Supervisory costs to be paid via appropriations only; established a

temporary advisory committee; reduced recordkeeping burden for

users.

Oct. 13,

1980

94 Stat.

1870

P.L. 96-437—USGSA,

amendment (Dole-Ashley

bill)

Permitted grain to be delivered into or out of export elevators without

official weighing if conveyed by means other than barge.

Aug. 13,

1981

95 Stat.

357

P.L. 97-35—Omnibus

Budget Reconciliation Act

of 1981

Revised the system covering inspection and supervision fees; limited the

administrative and supervisory costs to a maximum of 35% of total

costs; established a permanent advisory committee; specified

authorization for appropriations for only FY1981 through FY1984.

Dec. 22,

1981

95 Stat.

1268

P.L. 97-98—Agricultural

Food Act (1981 farm bill)

Permitted state agency authority for grain inspection at export port

locations if operating prior to July 1, 1976.

Oct. 11,

1984

98 Stat.

1831

P.L. 98-469—Omnibus

Budget Reconciliation Act

of 1981, amendment

Extended the authorization for appropriations through September 1988.

Increased the cap on administrative and supervisory costs from 35% to

40% for FY1985 through FY1988.

Dec. 23,

1985

99 Stat.

1632

P.L. 99-198—Food

Security Act of 1985

(1985 farm bill)

Directed FGIS and the Agricultural Research Service to cooperate in

developing new means of establishing grain classifications. Required a

study by the Office of Technology Assessment on grain export

standards, blending practices, and export competitiveness.

Nov. 10,

1986

100 Stat.

3564

P.L. 99-641—Futures

Trading Act of 1986, Title

III-Grain Quality

Improvement Act of 1986

Prohibited the reintroduction of foreign material (including dust) once

removed from grain; required a study of incentives for high quality and

feasibility of test for determining the value of end-use characteristics.

Oct. 24,

1988

102 Stat.

2584

P.L. 100-518—USGSA

Amendments of 1988

Extended the authorization for appropriations through September 1993;

expanded the advisory committee from 12 to 15 members; mandated a

study on dockage in wheat grades; established a pilot program on

incorporating premiums for superior quality grain delivered to the

Commodity Credit Corporation.

Nov. 28,

1990

104 Stat.

3928

P.L. 101-624—Food,

Agriculture,

Established a Committee on Grain Quality at USDA to evaluate

concerns with quality of U.S. grain; established provisions for improving

Congressional Research Service

Selected provisions

24

U.S. Grain Standards Act: Reauthorization in the 114th Congress

Date

Statute

Public Law

Selected provisions

Conservation, and Trade

Act of 1990 (1990 farm

bill), Title XX- Grain

Quality Incentives Act of

1990

the cleanliness of grain through existing standards and additional

prohibitions on grain contamination; directed FGIS to test all exported

corn for aflatoxin contamination.

Nov. 24,

1993

107 Stat.

1525

P.L. 103-156—USGSA

Amendments of 1993

Extended the authorization of appropriations for grain inspection

services and collection of user fees through FY2000, authorized

inspection and weighing activities in Canadian ports, and authorized a

pilot program to permit more than one official agency to carry out

inspections within a single geographic area; directed USDA to carry out

a cost containment plan to minimize taxpayer expenditures and user

fees.

Oct. 13,

1994

108 Stat.

3237

P.L. 103-354—Federal

Crop Insurance Reform

and Department of

Agriculture

Reorganization Act of

1994, USGSA

Amendments of 1994

Enacted miscellaneous conforming amendments.

Nov. 9,

2000

114 Stat.

2058

P.L. 106-472—Grain

Standards and Warehouse

Improvement Act of 2000

Reauthorized the pilot program to allow more than one designated

official agency to carry out inspections and weighing services within the

same geographic area under certain conditions; reduced the limitation

on administrative and supervisory costs in user fees from 40% to 30%;

prohibited the disguising of grain quality; extended through FY2005 the

authorization of appropriations for grain inspection services, collection

of certain user fees, and authority for an advisory committee.

Sep. 30,

2005

119 Stat.

2053

P.L. 109-83—USGSA,

amendment

Extended expiring provisions through FY2015.

P.L. 114-54—Agriculture

Reauthorizations Act of

2015, Title III

Extended expiring provisions through FY2020. Also includes provisions

addressing disruptions of inspection and weighing services, certifying

state agencies, and sets conditions for allowing delegated agencies to

cross geographic boundaries if certain conditions are met.

Sep. 30,

2015

Source: CRS, using statutes and Lowell D. Hill, Grain Grades and Standards—Historical Issues Shaping the Future

(Urbana, IL: University of Illinois Press, 1990).

Congressional Research Service

25

U.S. Grain Standards Act: Reauthorization in the 114th Congress

Appendix B. Issues for Expiring Provisions

Authority for Appropriations

Congress appropriates funds to GIPSA that are made available to FGIS for developing standards,

paying for related agency costs, and improving measurement procedures. In general, Congress

appropriates money for programs after a specific act has authorized the appropriation. However,

appropriators could still choose to fund FGIS if this provision lapses, either as a separate FGIS

appropriation or by providing clear legislative intent that the GIPSA appropriation would cover

FGIS activities not funded by fees. There is no constitutional or general statutory requirement that

an appropriation must be preceded by a specific act that authorized the appropriation.31

Nevertheless, renewed authority would eliminate potential uncertainty about whether Congress

would choose to appropriate funds without an authorization.

An example of “unauthorized” appropriations occurred in 2012 during the lapse of the 2008 farm

bill (P.L. 110-246). More than 100 farm bill programs briefly lost their authorization for

appropriations at the end of FY2012, before a one-year extension was passed on January 1, 2013.

These programs nonetheless received appropriations of $2.3 billion in FY2012.32

Collection of Certain Fees for Supervising Inspections and Weighing

Official inspections and weighing services are performed by either FGIS or official agencies

under FGIS supervision. User fees that are separate from those collected for direct services

support FGIS’s supervisory activities. The following provisions would have expired on

September 30, 2015, and affected fees for the required federal supervision of official agencies for

export services. Fee collection for domestic services also would have been affected.

Authority to charge fees for the required federal supervision of export inspections performed by a

state agency and the authority to invest these funds would have expired (USGSA, as amended,

Section 7(j)(4); 7 U.S.C. 79(j)(4)). This would have ended the use of state agencies for export

inspections unless alternative funding for federal supervision were secured.

Similarly, authority to collect fees for the required federal supervision of weighing services

performed by an official agency would have expired (USGSA, as amended, Section 7A(1)(3); 7

U.S.C. 79a(l)(3)). This would have ended the use of official agencies for weighing services unless

alternative funding for federal supervision were secured.

Additionally, for services performed directly by FGIS (both export inspections and weighing)

after September 30, 2015, fees would have had to exclude administrative costs, in the absence of

reauthorization.

Based on CRS interpretation of the statute, the expiring provisions of USGSA would not have

necessarily shut down export inspection and weighing services because of two possible scenarios:

(1) FGIS could have performed all inspections and weighing (financed completely by user fees

31

Note that unauthorized appropriations are subject to, and may be limited by, a point of order during the legislative

process. See CRS Report R42098, Authorization of Appropriations: Procedural and Legal Issues.

32

See CRS Report R42442, Expiration and Extension of the 2008 Farm Bill.

Congressional Research Service

26

U.S. Grain Standards Act: Reauthorization in the 114th Congress

and without administrative costs included in the fees), or (2) another source of funding for federal

supervision of state agencies could have been secured to replace revenue from discontinued fees.

In other words, the expiring provisions would not have affected authority for FGIS to perform

direct inspection of exports and weighing services and to collect user fees for these services.

Currently, FGIS accounts for about two-thirds of export inspections, while state agencies account

for the remainder (under federal supervision). Thus, FGIS could have expanded its share to 100%

by providing all export inspections. Such a shift might have disrupted operations of the current

inspection system. FGIS would have needed to hire more staff to handle the substantial increase

in workload of direct inspection and weighing activities. Users would have still paid for the

services because the law allows FGIS to charge user fees to cover the inspection and weighing

costs (but not administrative and supervisory costs). Presumably any additional costs would need

to be covered by appropriated funds.

As an alternative to shifting all export inspections and weighing to FGIS, the agency could have

maintained the current mix of both direct federal inspection and federal supervision of other

official agencies’ export inspections and weighing services, but only if alternative funding had

been secured for federal supervision, such as additional appropriations or transfers from other

accounts.

Expiration of these provisions would likely have disrupted the current grain inspection and

weighing program, and could have imposed significant adjustments to FGIS operations to cope

with loss of authority to collect user fees for supervising export services. No estimates are

available for how user fees or appropriated levels might change if FGIS performs all inspections

and weighing services. Also, given current budget austerity, additional appropriations might have

been unlikely.33

Limits on Administrative and Supervisory Costs

Current law establishes a 30% limit on administrative and supervisory costs relative to total costs

for services. The cap had been put in place (and subsequently reduced) to encourage cost cutting

by FGIS (USGSA, as amended, Section 7D; 7 U.S.C. 79d). If the cap on collecting fees for

supervisory costs (described above) had expired, the result might have been higher total costs for

inspections and weighing (requiring higher user fees) because FGIS would not have been

required by statute to contain administrative and supervisory costs.

Authority for Advisory Committee

Authority for an advisory committee would have expired (USGSA, as amended, Section 21(e); 7

U.S.C. 87j(e)). The advisory committee meets regularly to advise FGIS on programs and services

it delivers, and its recommendations are designed to help the agency better meet the needs of its

customers. The committee is composed of 15 members appointed by the Secretary of Agriculture.

33

Article I, Section 7, Clause 1 of the U.S. Constitution prescribes that the House, and not the Senate, must originate

legislative measures that contain revenue provisions. The “Origination Clause” does not necessarily extend to other

types of receipts or collections, often referred to as “user fees,” which are referred to as “offsetting receipts or

collections,” and not revenue. In general, a user fee is not considered to be revenue (and related legislation would not

have to originate in the House) if two conditions hold: (1) the fee collection pays for the service that payer is receiving,

and (2) the amount is equivalent to the cost of the service provided. For more information, see CRS Report R41408,

Rules and Practices Governing Consideration of Revenue Legislation in the House and Senate.

Congressional Research Service

27

U.S. Grain Standards Act: Reauthorization in the 114th Congress

They represent various segments of the grain industry, including grain producers, processors,

merchandisers, handlers, exporters, consumers, grain inspection agencies, and scientists.

Elimination of committee authority would have ended the formal communication link established

by Congress between the industry and FGIS.

Author Contact Information

(name redacted)

Analyst in Agricultural Policy

[redacted]@crs.loc.gov, 7-....

Acknowledgments

This report was originally written by Dennis Shields, who left CRS in August 2015.

Congressional Research Service

28

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