technical amendments

technical amendments Sec. 1604. The United States Grain Standards Act (39 Stat. 482–485, as amended; 7 U.S.C. 71, 74–79, 79a and 79b, 84–87, and 87a–87h) is amended as follows: (a) Section 3 is amended by— (1) striking out “grain sorghum” in subsection (g) and inserting in lieu thereof “sorghum”; (2) amending subsection (m) to read as follows: “(m) the term ‘official agency’ means any State or local governmental agency, or any person, designated by the Administrator pursuant to subsection (f) of section 7 of this Act for the conduct of official inspection (other than appeal inspection), or subsection (c) of section 7A of this Act for the conduct of official weighing or supervision of weighing (other than appeal weighing);”; (3) inserting “for” immediately after “under standards provided” in subsection (x); and (4) amending subsection (y) to read as follows: “(y) the term ‘supervision of weighing’ means such supervision by official inspection personnel of the grain-weighing process as is determined by the Administrator to be adequate to reasonably assure the integrity and accuracy of the weighing and of certificates which set forth the weight of the grain and such physical inspection by such personnel of the premises at which the grain weighing is performed as will reasonably assure that all the grain intended to be weighed has been weighed and discharged into the elevator or conveyance;”. (b) Section 3A is amended by adding at the end thereof the following: “The Secretary may delegate authority to the Administrator to perform related functions for grain and similar commodities and products thereof under other statutes administered by the Department of Agriculture. Notwithstanding any other provision of law, the Secretary is authorized to appoint four individuals to positions at grade 16 of the General Schedule, in the Service.”. 91 STAT. 1027 (c) Section 4(a) is amended by— (1) striking out “grain sorghum” and inserting in lieu thereof “sorghum”; (2) inserting a comma after “equipment calibration and maintenance”; and (3) inserting “or procedures” after “(2) standards” and after “revoke such standards” and striking out “procedures” after “weight certification”. (d) Section 7 is amended by— (1) designating the third sentence in paragraph (2) of sub-section (e) as paragraph (4) of subsection (e) and inserting it at the end of subsection (e); (2) amending subsection (f) by— (A) in the first sentence of paragraph (2), inserting “or State delegated authority pursuant to subsection (e)(2) of this section” immediately after “Not more than one official agency”, inserting “inspection” immediately before “provisions of this Act”, and striking out “, but this paragraph shall not be applicable to prevent any inspection agency from operating in any area in which it was operative on August 15, 1968”; (B) striking out “No” in the second sentence of paragraph (2) and inserting in lieu thereof “Except as authorized by the Administrator, no”; (C) designating the second sentence of paragraph (2) as paragraph (3) of subsection (f); and (D) designating the third sentence of paragraph (2) as paragraph (4) of subsection (f); (3) striking out “subsections (e) and (f)” in paragraph (1) of subsection (g) and inserting in lieu thereof “subsection (f)”; and (4) adding at the end of subsection (i) a new sentence as fol-lows: “All or specified functions of such inspections shall be per-formed by official inspection personnel employed by the Service or, except for appeals, by persons operating under a contract with the Service.”. (e) Section 7A is amended by— (1) in subsection (b), inserting “official weighing or” immediately after “The Administrator is authorized to cause” and inserting “at export, elevators” immediately after “located other than”; (2) amending paragraph (2) of subsection (c) by— (A) in the first sentence, inserting “or supervision of weighing” immediately after “to delegate authority to perform official weighing”, inserting “official weighing or” immediately before “supervision of weighing, if such agency or person qualifies”, and striking out “number” and inserting in lieu thereof “under”; (B) in clause (A) of the second sentence, striking out “at export elevators”, and inserting “or supervision of weighing” immediately after “official weighing”; and (C) inserting “official weighing or” immediately before “supervision of weighing” wherever this phrase appears in clause (B) of the second sentence; (3) adding at the end of subsection (d) a new sentence as fol-lows: “All or specified functions of such weighing shall be per-formed by official inspection personnel employed by the Service or, except, for appeals, by persons operating under a contract with the Service.”; 91 STAT. 1028 (4) striking out the second sentence of subsection (e); (5) amending subsection (f) by— (A) in clause (2), striking out “employ” and inserting in lieu thereof “permit”, and inserting “and who are approved by the Administrator” immediately before “to operate the scales”; and (B) in clause (3), striking out “employees of the facility” and inserting in lieu thereof “persons other than official inspection personnel”, and striking out “employees to operate” and inserting in lieu thereof “such persons to operate”; (6) inserting “or supervision of weighing” immediately after “official weighing” in subsection (g); (7) inserting “or local governmental agency” immediately after “No State” in subsection (i); and (8) adding at the end of subsection (i) a new sentence as fol-lows: “Not more than one official agency or State delegated authority pursuant to subsection (c) (2) of this section for carrying out the weighing provisions of this Act shall be operative at one time for any geographic area as determined by the Administrator to effectuate the objectives stated in section 2 of this Act.”. (f) Section 7B is amended by— (1) inserting “for the purpose of official inspection, official weighing, or supervision of weighing” immediately before “of gram located at all grain elevators” in subsection (a); (2) at the end of subsection (a), inserting “Such regulations shall provide for the charging and collection of reasonable fees to cover the estimated costs to the Service incident to the performance of such testing by employees of the Service. Such fees shall be deposited into the fund created by section 7 (j) of this Act.”; and (3) inserting “for the purposes of this Act” immediately after “no person shall use” in subsection (c). (g) Section 8 is amended by— (1) amending subsection (a) by— (A) inserting “, other than appeal weighing,” immediately after “supervision of weighing” in clause (1); (B) striking out “of grain” in clause (2) (B) and inserting in lieu thereof “(including appeal weighing) of grain in the United States, or of United States grain in Canadian ports”; and (C) in clause (3), inserting “or governmental agency” immediately after “(3) to contract with any person”, and striking out “specified sampling and laboratory testing” and inserting in lieu thereof “specified sampling, laboratory testing, and similar technical functions”; and (2) adding at the end of subsection (e) a new sentence as follows: “The Administrator may compensate such personnel at any rate within the appropriate grade of the General Schedule as the. Administrator deems necessary without regard to section 5333 of title 5 of the United States Cocle.”. (h) Section 11 is amended by— (1) inserting “official weighing or” immediately before “super-vision of weighing” in paragraph (3) of subsection (b); (2) in the first sentence of paragraph (5) of subsection (b), inserting “official weighing or” immediately before “supervision of weighing except”, and inserting “director,” immediately before “officer, employee,”; and 91 STAT. 1029 (3) inserting “or State agency delegated authority under this Act” immediately after “official agency” in subsection (c). (i) Section 12 is amended by— (1) inserting “, every State agency delegated authority under this Act,” immediately after “official agency” wherever this phrase appears in subsections (a), (b), and (c); and (2) striking out “delegate authority of this Act” in subsection (c) and inserting in lieu thereof “delegated authority under this Act”. (j) Section 13(a) is amended by— (1) inserting “, or that any weighing service under this Act has been performed with respect to grain” immediately before the semicolon at the end of paragraph (6); (2) striking out in paragraph (11) “5, 6, 7(f) (2), 7A, 7B(c), 8, 11, or 12” and inserting in lieu thereof “5; 6; 7(f) (2), (3), or (4); 7A;7B(c); 8; 11; 12; or 17A”; (3) striking out “testing” in paragraph (12) and inserting in lieu thereof “weighing”; and (4) in paragraph (13), striking out “the grain” and inserting in lieu thereof “grain”, and inserting “the” immediately after “observing the loading of”. (k) Section 16 is amended by— (1) striking out, in subsection (a), the second sentence and all that follows “or other person;” in the first sentence down through “by the Administrator.” and inserting in lieu thereof the following: “and prescribe such rules, regulations, and instructions, as the Administrator 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 Administrator 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 Administrator.”; and (2) striking out “additional” in subsection (f). (l) Section 17A is amended by striking out “All persons registered” in paragraph (1) of subsection (b) and inserting in lieu thereof “All persons required to register”. (m) Section 17B is amended in clause (2) of subsection (b) by inserting “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),” immediately after “(2)” and inserting “notice of” immediately after “Administrator or the Secretary of”. (n) Section 21 is amended by striking out “Sec. 21” and inserting in lieu thereof “Sec. 19”.