7 U.S.C. § 87f-2

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)

Section 87f-2 - Reporting requirements

(a) General requirements; annual report to Congressional committees

On December 1 of each year, the Secretary shall submit a report to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate regarding the effectiveness of the official inspection and weighing system under this chapter for the prior fiscal year, with recommendations for any legislative changes necessary to accomplish the objectives stated in section 74 of this title.

(b) Notification of Congressional committees of complaints regarding faulty grain deliveries and cancellation of export contracts

The Secretary shall notify the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate (1) of any complaint regarding faulty grain delivery made to the Department of Agriculture by a foreign purchaser of United States grain, within thirty days after a determination by the Secretary that there is reasonable cause to believe that the grain delivery was in fact faulty, and (2) notwithstanding the provisions of section 612c-3¹ of this title, within thirty days after receipt by the Secretary or the Secretary² of notice of the cancellation of any contract for the export of more than one hundred thousand metric tons of grain.

(c) Submission to Congressional committees of annual summary of complaints from foreign purchasers and prospective purchasers of grain

On December 1 of each year, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a summary of all other complaints received by the Department of Agriculture during the prior fiscal year from foreign purchasers and prospective purchasers of United States grain and other foreign purchasers interested in the trade of grain, and the resolution thereof: Provided, That the summary shall not include a complaint unless reasonable cause exists to believe that the complaint is valid, as determined by the Secretary.

(d) Enhancement of current reporting

(1) Increased frequency of inspection program data reporting

(A) In general

Beginning not later than 1 year after December 11, 2020, the Secretary shall publish quarterly reports describing data from the tests and inspections for intrinsic quality factors (including protein, oil, and starch) and food safety factors, as reported, in the aggregate, for fiscal years 2014 through 2018 in the tables in section V (relating to providing official grain inspection and weighing services) of the 2016 through 2018 annual reports to Congress by the Federal Grain Inspection Service.

(B) Delineation

The data from the tests and inspections under subparagraph (A) shall be delineated to reflect whether the tests and inspections were requested of or performed by-

(i) the Secretary; or

(ii) a State agency delegated authority under section 79 or 79a of this title or an official agency.

(2) Exceptions and waivers

Beginning not later than 1 year after December 11, 2020, the Secretary shall publish quarterly reports describing-

(A) the number of exceptions requested under section 79(f)(2)(B) of this title;

(B) the number of exceptions granted under section 79(f)(2)(B) of this title;

(C) the number of waivers requested under section 77(a)(1) of this title; and

(D) the number of waivers granted under section 77(a)(1) of this title.

(e) Additional reporting; consultation

The Secretary may, to the extent determined appropriate by the Secretary, in consultation with State agencies delegated authority under sections 79 and 79a of this title, official agencies, and the grain industries described in the second sentence of section 87j(a) of this title, publish-

(1) data relating to testing for other intrinsic quality or food safety factors; and

(2) other data collected from inspection and weighing activities conducted under this chapter.

(f) Protection of confidential business information

Any trade secrets or information described in section 552(b)(4) of title 5 that is provided to or collected by the Secretary in carrying out subsection (d) or (e) shall not be included in a report under subsection (d) or (e) or otherwise publicly disclosed.

¹See References in Text note below.

²So in original. The words "or the Secretary" probably should not appear.

7 U.S.C. § 87f-2

Aug. 11, 1916, ch. 313, pt. B, §17B, as added Pub. L. 94-582, §22, Oct. 21, 1976, 90 Stat. 2888; amended Pub. L. 95-113, title XVI, §§1604(m), 1606(i), (j), Sept. 29, 1977, 91 Stat. 1029, 1030; Pub. L. 102-237, title X, §1007(3), Dec. 13, 1991, 105 Stat. 1897; Pub. L. 103-354, title II, §293(a)(7), Oct. 13, 1994, 108 Stat. 3237; Pub. L. 116-216, §5, Dec. 11, 2020, 134 Stat. 1048.

EDITORIAL NOTES

REFERENCES IN TEXTSection 612c-3 of this title, referred to in subsec. (b), was repealed by Pub. L. 101-624, title XV, §15781578,, 104 Stat. 3702.

AMENDMENTS2020-Subsecs. (d) to (f). Pub. L. 116-216 added subsecs. (d) to (f). 1994- Pub. L. 103-354 substituted "Secretary" for "Administrator" wherever appearing.1991-Subsec. (a). Pub. L. 102-237 substituted "On December 1 of each year, the" for "The" and "Committee on Agriculture" for "committee on Agriculture" before "of the House" and struck out "one year after the effective date of the United States Grain Standards Act of 1976 setting forth the actions taken by him in implementing the provisions of that Act; and, on December 1 of each year thereafter, the Administrator shall report to such committees" before "regarding".1977-Subsec. (a). Pub. L. 95-113, §1606(i), (j), substituted "Committee on Agriculture, Nutrition, and Forestry" for "Committee on Agriculture and Forestry" and "inspection and weighing" for "inspection".Subsec. (b). Pub. L. 95-113, §§1604(m), 1606, substituted "Committee on Agriculture, Nutrition, and Forestry" for "Committee on Agriculture and Forestry" in provisions preceding cl. (1) and, in cl. (2) substituted "notwithstanding the provisions of section 612c-3 of this title, within thirty days after receipt by the Administrator or the Secretary of notice of the cancellation" for "within thirty days after receipt by the Administrator or the Secretary of the cancellation".Subsec. (c). Pub. L. 95-113, §1606(i), substituted "Committee on Agriculture, Nutrition, and Forestry" for "Committee on Agriculture and Forestry".

STATUTORY NOTES AND RELATED SUBSIDIARIES

EFFECTIVE DATE OF 1977 AMENDMENT Amendment by Pub. L. 95-113 effective Oct. 1, 1977, see section 1901 of Pub. L. 95-113 set out as a note under section 1307 of this title.

EFFECTIVE DATESection effective 30 days after Oct. 21, 1976, see section 27 of Pub. L. 94-582 as amended, set out as an Effective Date of 1976 Amendment note under section 74 of this title.

Department of Agriculture: the term "Department of Agriculture" means the United States Department of Agriculture;
Secretary: the term "Secretary" means the Secretary of Agriculture of the United States or delegates of the Secretary;
State: the term "State" means any one of the States (including Puerto Rico) or territories or possessions of the United States (including the District of Columbia);
United States: the term "United States" means the States (including Puerto Rico) and the territories and possessions of the United States (including the District of Columbia);
grain: the term "grain" 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 76 of this title;
official agency: the term "official agency" means any State or local governmental agency, or any person, designated by the Secretary pursuant to subsection (f) of section 79 of this title for the conduct of official inspection (other than appeal inspection), or subsection (c) of section 79a of this title for the conduct of official weighing or supervision of weighing (other than appeal weighing);
official inspection: the term "official inspection" means the determination (by original inspection, and when requested, reinspection and appeal inspection) and the certification, by official inspection personnel of the kind, class, quality, or condition of grain, under standards provided for in this chapter, or the condition of vessels and other carriers or receptacles for the transportation of grain insofar as it may affect the quality or condition of such grain; or other facts relating to grain under other criteria approved by the Secretary under this chapter (the term "officially inspected" shall be construed accordingly);