What changed between these versions
A complete substitute amendment, v5 significantly reorganizes and rephrases the reauthorization of the United States Grain Standards Act. It consolidates various "trust fund" amendments, expands the advisory committee provisions with new nomination and appointment procedures, and alters the nature of reporting requirements from mandatory to discretionary for certain data, while adding consultation for technology analysis. This version fundamentally restructures the bill's approach to reauthorization.
Overview
Extensive changes throughout the bill, including a complete restructuring of its sections and the consolidation of numerous amendments. · v5 fundamentally restructures the reauthorization, clarifies certain provisions, introduces new procedural requirements for the advisory committee, and shifts some reporting requirements from mandatory to discretionary.
v5 is a complete substitute amendment, fundamentally restructuring the reauthorization of the United States Grain Standards Act. It consolidates numerous "trust fund" related amendments from various sections of v4 into a single new section and significantly expands the provisions governing the Advisory Committee, adding detailed nomination and appointment processes. Furthermore, v5 alters the reporting requirements, making the original data reporting discretionary rather than mandatory, and adds a new discretionary technology analysis report with consultation requirements.
Major additions
This provision specifies that interest earned from the investment of penalties collected by the Secretary shall also be credited to the trust fund created in Section 7(j)(1) of the underlying Act. This clarifies and expands the types of revenue that contribute to the fund's balance.
This explicitly broadens the scope of funds credited to the trust fund, ensuring that investment returns from penalties contribute to the fund's resources, potentially increasing its financial capacity for its intended purposes.
This new paragraph mandates that the Secretary, to the extent determined appropriate and in consultation with various agencies and grain industries, publish an analysis of technology evaluation deficiencies and recommendations to improve grain grading efficiency, accuracy, consistency, and minimize costs. This creates a new, dedicated reporting area.
This creates a new, dedicated reporting requirement focused on technological advancements and improvements in grain grading, fostering collaboration with industry stakeholders and potentially driving innovation and cost savings. It formalizes a process for assessing and recommending improvements to grain grading technology.
This new paragraph establishes detailed procedures for the advisory committee, requiring the Secretary to solicit nominations before terms expire, announce new appointments within 180 days, and allowing current members to continue serving until new members are nominated and appointed. This formalizes the transition process.
These provisions aim to improve the efficiency and continuity of the Advisory Committee by setting clear timelines for nominations and appointments and ensuring that the committee does not have gaps in membership, which is crucial for its ongoing function and effectiveness in advising the Secretary.
Deletions
This provision amended Section 19(b)(1)(A) of the United States Grain Standards Act (7 U.S.C. 87h(b)(1)(A)) to explicitly exclude "grading services performed under the Agricultural Marketing Act of 1946" from the scope of "other services" for which fees could be collected and credited to the trust fund.
The deletion removes a specific carve-out that would have prevented fees from certain grading services (those under the Agricultural Marketing Act of 1946) from being credited to the trust fund. Its removal means that fees from these services could potentially be credited, broadening the revenue sources for the trust fund.
Modifications
This is a cosmetic change to the bill's internal structure and does not alter the operative effect of the underlying statutory amendment, which remains identical in both versions.
Before
The section was titled "DECLARATION OF POLICY".
After
The section is titled "PRIORITIZING IMPROVEMENTS TO GRAIN GRADING TECHNOLOGY".
This change clarifies that official agencies, in addition to State agencies, can perform certain weighing authority functions, potentially expanding the pool of entities authorized to conduct these activities.
Before
Section 4(1) of v4 amended Section 7A(c)(2) of the underlying Act by striking "State agency" and inserting "State agency or official agency".
After
Section 3(b) of v5 amends Section 7A(c)(2) of the underlying Act by inserting "or official agency" after "State agency". The effect of the amendment to the underlying Act is the same.
This streamlines the legislative text by grouping similar technical corrections related to the "trust fund" designation, making the bill more organized without altering the substantive effect of these individual changes.
Before
V4 included numerous separate amendments across Sections 3, 4, 5, 7, and 8, each striking "fund created" or "fund described" and inserting "trust fund created" or "trust fund described" in various parts of the underlying Act (7 U.S.C. 79(g)(2), 79(j)(1)(C), 79(j)(3), 79a(l)(1)(C), 79a(l)(2), 79b(a), 87e(j), 87f-1(e)).
After
V5 consolidates all these "trust fund" related amendments into a single Section 4, titled "Investment Authority," with a general instruction to insert "trust" before "fund" where appropriate, and then lists specific conforming amendments.
This broadens the scope of entities that are subject to or involved in the general authorities of the Act, explicitly including State agencies delegated authority under specific sections, in addition to official agencies and the Department of Agriculture.
Before
Section 7(1) of v4 amended Section 16(e) of the underlying Act by striking "Department of Agriculture" and inserting "Department of Agriculture and official agencies".
After
Section 6 of v5 amends Section 16(e) of the underlying Act by inserting "State agencies delegated authority under sections 7 and 7A, and official agencies," after "Department of Agriculture,".
This significantly reduces the mandatory reporting burden on the Secretary for existing data, making it discretionary. While a new technology analysis report is introduced, its publication is also discretionary, though it mandates consultation with key stakeholders, potentially leading to more targeted and collaborative recommendations.
Before
V4 made the entire reporting requirement under 17B(e) mandatory and annual ("On December 1 of each year, the Secretary shall"), and added a new paragraph (2) for technology analysis and recommendations.
After
V5 separates reporting into two parts: (1) "Data" reporting (original content) remains discretionary ("The Secretary may, to the extent determined appropriate by the Secretary"). (2) A new "Technology analysis" report is added, which is also discretionary ("The Secretary shall, to the extent determined appropriate by the Secretary, ... publish--") but requires consultation with State agencies, official agencies, and grain industries.
This aims to formalize and improve the operational efficiency and stability of the Advisory Committee by establishing clear processes and timelines for member transitions, ensuring continuous expert advice to the Secretary.
Before
V4 added a single sentence to Section 21(a) stating that if the Secretary does not make a new appointment, an existing member continues to serve.
After
V5 completely restructures Section 21(a) into numbered paragraphs (1) through (5), defining establishment, composition, term length, and term limits. It expands on the continuity of service by adding new paragraph (5) which details requirements for soliciting nominations and announcing appointments within 180 days, and explicitly links term limits to the continuity provision.
This extends the authorization of appropriations for the United States Grain Standards Act for an additional five years, ensuring continued funding for its operations through fiscal year 2030.
Before
V4 amended Section 19(a) by striking "2021 through 2025" and inserting "2026 through 2030".
After
V5 amended Section 19(a) by striking "2025" and inserting "2030".
Scope
Fundamental restructuring — Changes are scattered throughout the bill, affecting multiple sections of the underlying Act, and involve significant restructuring of the reauthorization bill itself. — V5 represents a meaningful refinement and restructuring of the reauthorization, particularly in administrative processes, reporting discretion, and advisory committee operations, rather than a fundamental shift in the core policy of grain standards. — The consolidation of "trust fund" amendments interacts with multiple existing provisions by standardizing the terminology across various sections. The changes to reporting requirements and advisory committee procedures directly modify how these existing functions are carried out.
Impact analysis
Secretary of Agriculture and the Department of Agriculture
Procedural change, with increased discretion in some reporting areas and formalized processes in others.
The Secretary's discretion in reporting certain data under 7 U.S.C. 87f-2(e) is retained (instead of becoming mandatory), and new technology analysis reporting is also discretionary. The Secretary is also given specific timelines and procedures for advisory committee nominations and appointments.
State agencies delegated authority under sections 7 and 7A, and official agencies
Gain of formal recognition and consultative role.
These entities are explicitly included in the general authorities under 7 U.S.C. 87e(e) and are required to be consulted for the new technology analysis reporting under 7 U.S.C. 87f-2(e).
Grain industries described in Section 21(a) of the Act
Gain of consultative role.
These industries are explicitly included in the consultation process for the new technology analysis reporting under 7 U.S.C. 87f-2(e).
Advisory Committee members
Procedural change, leading to increased continuity and clarity.
New procedures for nomination and appointment are established, and a clear provision for continuity of service is detailed, allowing members to serve beyond their term limits until new appointments are made.
Entities performing grading services under the Agricultural Marketing Act of 1946
Procedural change, potentially leading to a loss of specific exclusion.
The explicit exclusion of fees from these services from being credited to the trust fund, which was present in v4, is removed in v5.
The United States Grain Standards Act trust fund
Gain of additional revenue source.
Interest earned from the investment of penalties is explicitly directed to be credited to the trust fund.