[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4788 Engrossed Amendment Senate (EAS)]
In the Senate of the United States,
October 12 (legislative day, September 22), 2000.
Resolved, That the bill from the House of Representatives (H.R.
4788) entitled ``An Act to amend the United States Grain Standards Act
to extend the authority of the Secretary of Agriculture to collect fees
to cover the cost of services performed under that Act, extend the
authorization of appropriations for that Act, and improve the
administration of that Act, to reenact the United States Warehouse Act
to require the licensing and inspection of warehouses used to store
agricultural products and provide for the issuance of receipts,
including electronic receipts, for agricultural products stored or
handled in licensed warehouses, and for other purposes.'', do pass with
the following
AMENDMENT:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Grain Standards
and Warehouse Improvement Act of 2000''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--GRAIN STANDARDS
Sec. 101. Sampling for export grain.
Sec. 102. Geographic boundaries for official agencies.
Sec. 103. Authorization to collect fees.
Sec. 104. Testing of equipment.
Sec. 105. Limitation on administrative and supervisory costs.
Sec. 106. Licenses and authorizations.
Sec. 107. Grain additives.
Sec. 108. Authorization of appropriations.
Sec. 109. Advisory committee.
Sec. 110. Conforming amendments.
Sec. 111. Special effective date for certain expired provisions.
TITLE II--WAREHOUSES
Sec. 201. Storage of agricultural products in warehouses.
Sec. 202. Regulations.
TITLE III--MISCELLANEOUS
Sec. 301. Energy generation, transmission, and distribution facilities
efficiency grants and loans in rural
communities with extremely high energy
costs.
Sec. 302. Carry forward adjustment.
Sec. 303. Fees and penalties for mediation and arbitration of disputes
involving agricultural products moving in
foreign commerce under multinational
entities.
Sec. 304. Community facilities grant program for rural communities with
extreme unemployment and severe economic
depression.
Sec. 305. Community facilities grant program for rural communities with
high levels of out-migration or loss of
population.
Sec. 306. State agricultural mediation programs.
Sec. 307. Adjustments to nutrition programs.
Sec. 308. Authorization for Secretary of Agriculture to purchase and
transfer land.
Sec. 309. Extension of time period for filing certain complaints
alleging preparation of false inspection
certificates.
Sec. 310. International food relief partnership.
TITLE I--GRAIN STANDARDS
SEC. 101. SAMPLING FOR EXPORT GRAIN.
Section 5(a)(1) of the United States Grain Standards Act (7 U.S.C.
77(a)(1)) is amended by striking ``(on the basis'' and all that follows
through ``from the United States)''.
SEC. 102. GEOGRAPHIC BOUNDARIES FOR OFFICIAL AGENCIES.
(a) Inspection Authority.--Section 7(f) of the United States Grain
Standards Act (7 U.S.C. 79(f)) is amended by striking paragraph (2) and
inserting the following:
``(2) Geographic boundaries for official agencies.--Not
more than 1 official agency designated under paragraph (1) or
State delegated authority under subsection (e)(2) to carry out
the inspection provisions of this Act shall be operative at the
same time in any geographic area defined by the Secretary,
except that, if the Secretary determines that the presence of
more than 1 designated official agency in the same geographic
area will not undermine the policy stated in section 2, the
Secretary may--
``(A) allow more than 1 designated official agency
to carry out inspections within the same geographical
area as part of a pilot program; and
``(B) allow a designated official agency to cross
boundary lines to carry out inspections in another
geographic area if the Secretary also determines that--
``(i) the current designated official
agency for that geographic area is unable to
provide inspection services in a timely manner;
``(ii) a person requesting inspection
services in that geographic area has not been
receiving official inspection services from the
current designated official agency for that
geographic area; or
``(iii) a person requesting inspection
services in that geographic area requests a
probe inspection on a barge-lot basis.''.
(b) Weighing Authority.--Section 7A(i) of the United States Grain
Standards Act (7 U.S.C. 79a(i)) is amended--
(1) by striking ``(i) No'' and inserting the following:
``(i) Unauthorized Weighing Prohibited.--
``(1) In general.--No'';
(2) by striking the second sentence; and
(3) by adding at the end the following:
``(2) Geographic boundaries for official agencies.--Not
more than 1 designated official agency referred to in paragraph
(1) or State agency delegated authority pursuant to subsection
(c)(2) to carry out the weighing provisions of this Act shall
be operative at the same time in any geographic area defined by
the Secretary, except that, if the Secretary determines that
the presence of more than 1 designated official agency in the
same geographic area will not undermine the policy stated in
section 2, the Secretary may--
``(A) allow more than 1 designated official agency
to carry out the weighing provisions within the same
geographical area as part of a pilot program; and
``(B) allow a designated official agency to cross
boundary lines to carry out the weighing provisions in
another geographic area if the Secretary also
determines that--
``(i) the current designated official
agency for that geographic area is unable to
provide the weighing services in a timely
manner; or
``(ii) a person requesting weighing
services in that geographic area has not been
receiving official weighing services from the
current designated official agency for that
geographic area.''.
SEC. 103. AUTHORIZATION TO COLLECT FEES.
(a) Inspection and Supervisory Fees.--Section 7(j)(4) of the United
States Grain Standards Act (7 U.S.C. 79(j)(4)) is amended in the first
sentence by striking ``2000'' and inserting ``2005''.
(b) Weighing and Supervisory Fees.--Section 7A(l)(3) of the United
States Grain Standards Act (7 U.S.C. 79a(l)(3)) is amended in the first
sentence by striking ``2000'' and inserting ``2005''.
SEC. 104. TESTING OF EQUIPMENT.
Section 7B(a) of the United States Grain Standards Act (7 U.S.C.
79b(a)) is amended in the first sentence by striking ``but at least
annually and''.
SEC. 105. LIMITATION ON ADMINISTRATIVE AND SUPERVISORY COSTS.
Section 7D of the United States Grain Standards Act (7 U.S.C. 79d)
is amended--
(1) by striking ``2000'' and inserting ``2005''; and
(2) by striking ``40 per centum'' and inserting ``30
percent''.
SEC. 106. LICENSES AND AUTHORIZATIONS.
Section 8(a)(3) of the United States Grain Standards Act (7 U.S.C.
84(a)(3)) is amended by inserting ``inspection, weighing,'' after
``laboratory testing,''.
SEC. 107. GRAIN ADDITIVES.
Section 13(e)(1) of the United States Grain Standards Act (7 U.S.C.
87b(e)(1)) is amended by inserting ``, or prohibit disguising the
quality of grain,'' after ``sound and pure grain''.
SEC. 108. AUTHORIZATION OF APPROPRIATIONS.
Section 19 of the United States Grain Standards Act (7 U.S.C. 87h)
is amended by striking ``2000'' and inserting ``2005''.
SEC. 109. ADVISORY COMMITTEE.
Section 21(e) of the United States Grain Standards Act (7 U.S.C.
87j(e)) is amended by striking ``2000'' and inserting ``2005''.
SEC. 110. CONFORMING AMENDMENTS.
(a) Section 8 of the United States Grain Standards Act of 1976 (7
U.S.C. 79 note; Public Law 94-582) is amended--
(1) by striking ``(a)''; and
(2) by striking subsection (b).
(b) Sections 23, 24, and 25 of the United States Grain Standards
Act of 1976 (7 U.S.C. 87e-1, 7 U.S.C. 76 note; Public Law 94-582) are
repealed.
(c) Section 27 of the United States Grain Standards Act of 1976 (7
U.S.C. 74 note; Public Law 94-582) is amended by striking ``; and
thereafter'' and all that follows and inserting a period.
SEC. 111. SPECIAL EFFECTIVE DATE FOR CERTAIN EXPIRED PROVISIONS.
The amendments made by sections 103, 105, 108, and 109 shall take
effect as if enacted on September 30, 2000.
TITLE II--WAREHOUSES
SEC. 201. STORAGE OF AGRICULTURAL PRODUCTS IN WAREHOUSES.
The United States Warehouse Act (7 U.S.C. 241 et seq.) is amended
to read as follows:
``SECTION 1. SHORT TITLE.
``This Act may be cited as the `United States Warehouse Act'.
``SEC. 2. DEFINITIONS.
``In this Act:
``(1) Agricultural product.--The term `agricultural
product' means an agricultural commodity, as determined by the
Secretary, including a processed product of an agricultural
commodity.
``(2) Approval.--The term `approval' means the consent
provided by the Secretary for a person to engage in an activity
authorized by this Act.
``(3) Department.--The term `Department' means the
Department of Agriculture.
``(4) Electronic document.--The term `electronic document'
means a document that is generated, sent, received, or stored
by electronic, optical, or similar means, including electronic
data interchange, electronic mail, telegram, telex, or
telecopy.
``(5) Electronic receipt.--The term `electronic receipt'
means a receipt that is authorized by the Secretary to be
issued or transmitted under this Act in the form of an
electronic document.
``(6) Holder.--The term `holder' means a person that has
possession in fact or by operation of law of a receipt or any
electronic document.
``(7) Person.--The term `person' means--
``(A) a person (as defined in section 1 of title 1,
United States Code);
``(B) a State; and
``(C) a political subdivision of a State.
``(8) Receipt.--The term `receipt' means a warehouse
receipt issued in accordance with this Act, including an
electronic receipt.
``(9) Secretary.--The term `Secretary' means the Secretary
of Agriculture.
``(10) Warehouse.--The term `warehouse' means a structure
or other approved storage facility, as determined by the
Secretary, in which any agricultural product may be stored or
handled for the purposes of interstate or foreign commerce.
``(11) Warehouse operator.--The term `warehouse operator'
means a person that is lawfully engaged in the business of
storing or handling agricultural products.
``SEC. 3. POWERS OF SECRETARY.
``(a) In General.--The Secretary shall have exclusive power,
jurisdiction, and authority, to the extent that this Act applies, with
respect to--
``(1) each warehouse operator licensed under this Act;
``(2) each person that has obtained an approval to engage
in an activity under this Act; and
``(3) each person claiming an interest in an agricultural
product by means of a document or receipt subject to this Act.
``(b) Covered Agricultural Products.--The Secretary shall specify,
after an opportunity for notice and comment, those agricultural
products for which a warehouse license may be issued under this Act.
``(c) Investigations.--The Secretary may investigate the storing,
warehousing, classifying according to grade and otherwise, weighing,
and certifying of agricultural products.
``(d) Inspections.--The Secretary may inspect or cause to be
inspected any person or warehouse licensed under this Act and any
warehouse for which a license is applied for under this Act.
``(e) Suitability for Storage.--The Secretary may determine whether
a licensed warehouse, or a warehouse for which a license is applied for
under this Act, is suitable for the proper storage of the agricultural
product or products stored or proposed for storage in the warehouse.
``(f) Classification.--The Secretary may classify a licensed
warehouse, or a warehouse for which a license is applied for under this
Act, in accordance with the ownership, location, surroundings,
capacity, conditions, and other qualities of the warehouse and as to
the kinds of licenses issued or that may be issued for the warehouse
under this Act.
``(g) Warehouse Operator's Duties.--Subject to the other provisions
of this Act, the Secretary may prescribe the duties of a warehouse
operator operating a warehouse licensed under this Act with respect to
the warehouse operator's care of and responsibility for agricultural
products stored or handled by the warehouse operator.
``(h) Systems for Electronic Conveyance.--
``(1) Regulations governing electronic systems.--Except as
provided in paragraph (2), the Secretary may promulgate
regulations governing 1 or more electronic systems under which
electronic receipts may be issued and transferred and other
electronic documents relating to the shipment, payment, and
financing of the sale of agricultural products may be issued or
transferred.
``(2) Limitations.--The Secretary shall not have the
authority under this Act to establish--
``(A) 1 or more central filing systems for the
filing of financing statements or the filing of the
notice of financing statements; or
``(B) rules to determine security interests of
persons affected by this Act.
``(i) Examination and Audits.--In addition to the authority
provided under subsection (l), on request of the person, State agency,
or commodity exchange, the Secretary may conduct an examination, audit,
or similar activity with respect to--
``(1) any person that is engaged in the business of storing
an agricultural product that is subject to this Act;
``(2) any State agency that regulates the storage of an
agricultural product by such a person; or
``(3) any commodity exchange with regulatory authority over
the storage of agricultural products that are subject to this
Act.
``(j) Licenses for Operation of Warehouses.--The Secretary may
issue to any warehouse operator a license for the operation of a
warehouse in accordance with this Act if--
``(1) the Secretary determines that the warehouse is
suitable for the proper storage of the agricultural product or
products stored or proposed for storage in the warehouse; and
``(2) the warehouse operator agrees, as a condition of the
license, to comply with this Act (including regulations
promulgated under this Act).
``(k) Licensing of Other Persons.--
``(1) In general.--On presentation of satisfactory proof of
competency to carry out the activities described in this
paragraph, the Secretary may issue to any person a Federal
license--
``(A) to inspect any agricultural product stored or
handled in a warehouse subject to this Act;
``(B) to sample such an agricultural product;
``(C) to classify such an agricultural product
according to condition, grade, or other class and
certify the condition, grade, or other class of the
agricultural product; or
``(D) to weigh such an agricultural product and
certify the weight of the agricultural product.
``(2) Condition.--As a condition of a license issued under
paragraph (1), the licensee shall agree to comply with this Act
(including regulations promulgated under this Act).
``(l) Examination of Books, Records, Papers, and Accounts.--The
Secretary may examine and audit, using designated officers, employees,
or agents of the Department, all books, records, papers, and accounts
relating to activities subject to this Act of--
``(1) a warehouse operator operating a warehouse licensed
under this Act;
``(2) a person operating a system for the electronic
recording and transfer of receipts and other documents
authorized by the Secretary; or
``(3) any other person issuing receipts or electronic
documents authorized by the Secretary under this Act.
``(m) Cooperation With States.--The Secretary may--
``(1) cooperate with officers and employees of a State who
administer or enforce State laws relating to warehouses,
warehouse operators, weighers, graders, inspectors, samplers,
or classifiers; and
``(2) enter into cooperative agreements with States to
perform activities authorized under this Act.
``SEC. 4. IMPOSITION AND COLLECTION OF FEES.
``(a) In General.--The Secretary shall assess persons covered by
this Act fees to cover the costs of administering this Act.
``(b) Rates.--The fees under this section shall be set at a rate
determined by the Secretary.
``(c) Treatment of Fees.--All fees collected under this section
shall be credited to the account that incurs the costs of administering
this Act and shall be available to the Secretary without further
appropriation and without fiscal year limitation.
``(d) Interest.--Funds collected under this section may be
deposited in an interest-bearing account with a financial institution,
and any interest earned on the account shall be credited under
subsection (c).
``(e) Efficiencies and Cost Effectiveness.--
``(1) In general.--The Secretary shall seek to minimize the
fees established under this section by improving efficiencies
and reducing costs, including the efficient use of personnel to
the extent practicable and consistent with the effective
implementation of this Act.
``(2) Report.--The Secretary shall publish an annual report
on the actions taken by the Secretary to comply with paragraph
(1).
``SEC. 5. QUALITY AND VALUE STANDARDS.
``If standards for the evaluation or determination of the quality
or value of an agricultural product are not established under another
Federal law, the Secretary may establish standards for the evaluation
or determination of the quality or value of the agricultural product
under this Act.
``SEC. 6. BONDING AND OTHER FINANCIAL ASSURANCE REQUIREMENTS.
``(a) In General.--As a condition of receiving a license or
approval under this Act (including regulations promulgated under this
Act), the person applying for the license or approval shall execute and
file with the Secretary a bond, or provide such other financial
assurance as the Secretary determines appropriate, to secure the
person's performance of the activities so licensed or approved.
``(b) Service of Process.--To qualify as a suitable bond or other
financial assurance under subsection (a), the surety, sureties, or
financial institution shall be subject to service of process in suits
on the bond or other financial assurance in the State, district, or
territory in which the warehouse is located.
``(c) Additional Assurances.--If the Secretary determines that a
previously approved bond or other financial assurance is insufficient,
the Secretary may suspend or revoke the license or approval covered by
the bond or other financial assurance if the person that filed the bond
or other financial assurance does not provide such additional bond or
other financial assurance as the Secretary determines appropriate.
``(d) Third Party Actions.--Any person injured by the breach of any
obligation arising under this Act for which a bond or other financial
assurance has been obtained as required by this section may sue with
respect to the bond or other financial assurance in a district court of
the United States to recover the damages that the person sustained as a
result of the breach.
``SEC. 7. MAINTENANCE OF RECORDS.
``To facilitate the administration of this Act, the following
persons shall maintain such records and make such reports, as the
Secretary may by regulation require:
``(1) A warehouse operator that is licensed under this Act.
``(2) A person operating a system for the electronic
recording and transfer of receipts and other documents that are
authorized under this Act.
``(3) Any other person engaged in the issuance of
electronic receipts or the transfer of documents under this
Act.
``SEC. 8. FAIR TREATMENT IN STORAGE OF AGRICULTURAL PRODUCTS.
``(a) In General.--Subject to the capacity of a warehouse, a
warehouse operator shall deal, in a fair and reasonable manner, with
persons storing, or seeking to store, an agricultural product in the
warehouse if the agricultural product--
``(1) is of the kind, type, and quality customarily stored
or handled in the area in which the warehouse is located;
``(2) is tendered to the warehouse operator in a suitable
condition for warehousing; and
``(3) is tendered in a manner that is consistent with the
ordinary and usual course of business.
``(b) Allocation.--Nothing in this section prohibits a warehouse
operator from entering into an agreement with a depositor of an
agricultural product to allocate available storage space.
``SEC. 9. COMMINGLING OF AGRICULTURAL PRODUCTS.
``(a) In General.--A warehouse operator may commingle agricultural
products in a manner approved by the Secretary.
``(b) Liability.--A warehouse operator shall be severally liable to
each depositor or holder for the care and redelivery of the share of
the depositor and holder of the commingled agricultural product to the
same extent and under the same circumstances as if the agricultural
products had been stored separately.
``SEC. 10. TRANSFER OF STORED AGRICULTURAL PRODUCTS.
``(a) In General.--In accordance with regulations promulgated under
this Act, a warehouse operator may transfer a stored agricultural
product from 1 warehouse to another warehouse for continued storage.
``(b) Continued Duty.--The warehouse operator from which
agricultural products have been transferred under subsection (a) shall
deliver to the rightful owner of such products, on request at the
original warehouse, such products in the quantity and of the kind,
quality, and grade called for by the receipt or other evidence of
storage of the owner.
``SEC. 11. WAREHOUSE RECEIPTS.
``(a) In General.--At the request of the depositor of an
agricultural product stored or handled in a warehouse licensed under
this Act, the warehouse operator shall issue a receipt to the depositor
as prescribed by the Secretary.
``(b) Actual Storage Required.--A receipt may not be issued under
this section for an agricultural product unless the agricultural
product is actually stored in the warehouse at the time of the issuance
of the receipt.
``(c) Contents.--Each receipt issued for an agricultural product
stored or handled in a warehouse licensed under this Act shall contain
such information, for each agricultural product covered by the receipt,
as the Secretary may require by regulation.
``(d) Prohibition on Additional Receipts or Other Documents.--
``(1) Receipts.--While a receipt issued under this Act is
outstanding and uncanceled by the warehouse operator, an
additional receipt may not be issued for the same agricultural
product (or any portion of the same agricultural product)
represented by the outstanding receipt, except as authorized by
the Secretary.
``(2) Other documents.--If a document is transferred under
this section, no duplicate document in any form may be
transferred by any person with respect to the same agricultural
product represented by the document, except as authorized by
the Secretary.
``(e) Electronic Receipts and Electronic Documents.--Except as
provided in section 3(h)(2), notwithstanding any other provision of
Federal or State law:
``(1) In general.--The Secretary may promulgate regulations
that authorize the issuance, recording, and transfer of
electronic receipts, and the transfer of other electronic
documents, in accordance with this subsection.
``(2) Electronic receipt or electronic document systems.--
Electronic receipts may be issued, recorded, and transferred,
and electronic documents may be transferred, under this
subsection with respect to an agricultural product under, a
system or systems maintained in 1 or more locations and
approved by the Secretary in accordance with regulations issued
under this Act.
``(3) Treatment of holder.--Any person designated as the
holder of an electronic receipt or other electronic document
issued or transferred under this Act shall, for the purpose of
perfecting the security interest of the person under Federal or
State law and for all other purposes, be considered to be in
possession of the receipt or other electronic document.
``(4) Nondiscrimination.--An electronic receipt issued, or
other electronic document transferred, in accordance with this
Act shall not be denied legal effect, validity, or
enforceability on the ground that the information is generated,
sent, received, or stored by electronic or similar means.
``(5) Security interests.--If more than 1 security interest
exists in the agricultural product that is the subject of an
electronic receipt or other electronic document under this Act,
the priority of the security interest shall be determined by
the applicable Federal or State law.
``(6) No electronic receipt required.--A person shall not
be required to issue in electronic form a receipt or document
with respect to an agricultural product.
``(7) Option for non-federally licensed warehouse
operators.--Notwithstanding any other provision of this Act, a
warehouse operator not licensed under this Act may, at the
option of the warehouse operator and in accordance with
regulations established by the Secretary, issue electronic
receipts and transfer other electronic documents in accordance
with this Act.
``(8) Application to state-licensed warehouse operators.--
This subsection shall not apply to a warehouse operator that is
licensed under State law to store agricultural commodities in a
warehouse in the State if the warehouse operator elects--
``(A) not to issue electronic receipts authorized
under this subsection; or
``(B) to issue electronic receipts authorized under
State law.
``SEC. 12. CONDITIONS FOR DELIVERY OF AGRICULTURAL PRODUCTS.
``(a) Prompt Delivery.--In the absence of a lawful excuse, a
warehouse operator shall, without unnecessary delay, deliver the
agricultural product stored or handled in the warehouse on a demand
made by--
``(1) the holder of the receipt for the agricultural
product; or
``(2) the person that deposited the product, if no receipt
has been issued.
``(b) Payment To Accompany Demand.--Prior to delivery of the
agricultural product, payment of the accrued charges associated with
the storage of the agricultural product, including satisfaction of the
warehouseman's lien, shall be made if requested by the warehouse
operator.
``(c) Surrender of Receipt.--When the holder of a receipt requests
delivery of an agricultural product covered by the receipt, the holder
shall surrender the receipt to the warehouse operator, in the manner
prescribed by the Secretary, to obtain the agricultural product.
``(d) Cancellation of Receipt.--A warehouse operator shall cancel
each receipt returned to the warehouse operator upon the delivery of
the agricultural product for which the receipt was issued.
``SEC. 13. SUSPENSION OR REVOCATION OF LICENSES.
``(a) In General.--After providing notice and an opportunity for a
hearing in accordance with this section, the Secretary may suspend or
revoke any license issued, or approval for an activity provided, under
this Act--
``(1) for a material violation of, or failure to comply,
with any provision of this Act (including regulations
promulgated under this Act); or
``(2) on the ground that unreasonable or exorbitant charges
have been imposed for services rendered.
``(b) Temporary Suspension.--The Secretary may temporarily suspend
a license or approval for an activity under this Act prior to an
opportunity for a hearing for any violation of, or failure to comply
with, any provision of this Act (including regulations promulgated
under this Act).
``(c) Authority To Conduct Hearings.--The agency within the
Department that is responsible for administering regulations
promulgated under this Act shall have exclusive authority to conduct
any hearing required under this section.
``(d) Judicial Review.--
``(1) Jurisdiction.--A final administrative determination
issued subsequent to a hearing may be reviewable only in a
district court of the United States.
``(2) Procedure.--The review shall be conducted in
accordance with the standards set forth in section 706(2) of
title 5, United States Code.
``SEC. 14. PUBLIC INFORMATION.
``(a) In General.--The Secretary may release to the public the
names, addresses, and locations of all persons--
``(1) that have been licensed under this Act or that have
been approved to engage in an activity under this Act; and
``(2) with respect to which a license or approval has been
suspended or revoked under section 13, the results of any
investigation made or hearing conducted under this Act,
including the reasons for the suspension or revocation.
``(b) Confidentiality.--Except as otherwise provided by law, an
officer, employee, or agent of the Department shall not divulge
confidential business information obtained during a warehouse
examination or other function performed as part of the duties of the
officer, employee, or agent under this Act.
``SEC. 15. PENALTIES FOR NONCOMPLIANCE.
``If a person fails to comply with any requirement of this Act
(including regulations promulgated under this Act), the Secretary may
assess, on the record after an opportunity for a hearing, a civil
penalty--
``(1) of not more than $25,000 per violation, if an
agricultural product is not involved in the violation; or
``(2) of not more than 100 percent of the value of the
agricultural product, if an agricultural product is involved in
the violation.
``SEC. 16. JURISDICTION AND ARBITRATION.
``(a) Federal Jurisdiction.--A district court of the United States
shall have exclusive jurisdiction over any action brought under this
Act without regard to the amount in controversy or the citizenship of
the parties.
``(b) Arbitration.--Nothing in this Act prevents the enforceability
of an agreement to arbitrate that would otherwise be enforceable under
chapter 1 of title 9, United States Code.
``SEC. 17. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated such sums as are
necessary to carry out this Act.''.
SEC. 202. REGULATIONS.
(a) Proposed Regulations.--Not later than 90 days after the date of
enactment of this Act, the Secretary of Agriculture shall publish in
the Federal Register proposed regulations for carrying out the
amendment made by section 201.
(b) Final Regulations.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall promulgate final regulations
for carrying out the amendment made by section 201.
(c) Effectiveness of Existing Act.--The United States Warehouse Act
(7 U.S.C. 241 et seq.) (as it existed before the amendment made by
section 201) shall be effective until the earlier of--
(1) the date on which final regulations are promulgated
under subsection (b); or
(2) August 1, 2001.
TITLE III--MISCELLANEOUS
SEC. 301. ENERGY GENERATION, TRANSMISSION, AND DISTRIBUTION FACILITIES
EFFICIENCY GRANTS AND LOANS IN RURAL COMMUNITIES WITH
EXTREMELY HIGH ENERGY COSTS.
Title I of the Rural Electrification Act of 1936 (7 U.S.C. 901 et
seq.) is amended by adding at the end the following:
``SEC. 19. ENERGY GENERATION, TRANSMISSION, AND DISTRIBUTION FACILITIES
EFFICIENCY GRANTS AND LOANS IN RURAL COMMUNITIES WITH
EXTREMELY HIGH ENERGY COSTS.
``(a) In General.--The Secretary, acting through the Rural
Utilities Service, may--
``(1) in coordination with State rural development
initiatives, make grants and loans to persons, States,
political subdivisions of States, and other entities organized
under the laws of States to acquire, construct, extend,
upgrade, and otherwise improve energy generation, transmission,
or distribution facilities serving communities in which the
average residential expenditure for home energy is at least 275
percent of the national average residential expenditure for
home energy (as determined by the Energy Information Agency
using the most recent data available);
``(2) make grants and loans to the Denali Commission
established by the Denali Commission Act of 1998 (42 U.S.C.
3121 note; Public Law 105-277) to acquire, construct, extend,
upgrade, and otherwise improve energy generation, transmission,
or distribution facilities serving communities described in
paragraph (1); and
``(3) make grants to State entities, in existence as of the
date of enactment of this section, to establish and support a
revolving fund to provide a more cost-effective means of
purchasing fuel where the fuel cannot be shipped by means of
surface transportation.
``(b) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
to carry out this section $50,000,000 for fiscal year 2001 and
such sums as are necessary for each subsequent fiscal year.
``(2) Limitation on planning and administrative expenses.--
Not more than 4 percent of the amounts made available under
paragraph (1) may be used for planning and administrative
expenses.''.
SEC. 302. CARRY FORWARD ADJUSTMENT.
The amendments made by section 204(b)(10)(A) of the Agricultural
Risk Protection Act of 2000 shall apply beginning with undermarketings
of the 2001 crop of burley tobacco and with marketings of the 2002 crop
of burley tobacco.
SEC. 303. FEES AND PENALTIES FOR MEDIATION AND ARBITRATION OF DISPUTES
INVOLVING AGRICULTURAL PRODUCTS MOVING IN FOREIGN
COMMERCE UNDER MULTINATIONAL ENTITIES.
Section 203(e) of the Agricultural Marketing Act of 1946 (7 U.S.C.
1622(e)) is amended--
(1) by striking ``(e) To'' and inserting the following:
``(e) Development of New Markets.--
``(1) In general.--To''; and
(2) by adding at the end the following:
``(2) Fees and penalties.--
``(A) In general.--In carrying out paragraph (1),
the Secretary may assess and collect reasonable fees
and late payment penalties to mediate and arbitrate
disputes arising between parties in connection with
transactions involving agricultural products moving in
foreign commerce under the jurisdiction of a
multinational entity.
``(B) Deposit.--Fees and penalties collected under
subparagraph (A) shall be deposited into the account
that incurred the cost of providing the mediation or
arbitration service.
``(C) Availability.--Fees and penalties collected
under subparagraph (A) shall be available to the
Secretary without further Act of appropriation and
shall remain available until expended to pay the
expenses of the Secretary for providing mediation and
arbitration services under this paragraph.
``(D) No requirement for use of services.--No
person shall be required by the Secretary to use the
mediation and arbitration services provided under this
paragraph.''.
SEC. 304. COMMUNITY FACILITIES GRANT PROGRAM FOR RURAL COMMUNITIES WITH
EXTREME UNEMPLOYMENT AND SEVERE ECONOMIC DEPRESSION.
(a) In General.--Section 306(a) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1926(a)) is amended by adding at the end the
following:
``(20) Community facilities grant program for rural
communities with extreme unemployment and severe economic
depression.--
``(A) Definition of not employed rate.--In this
paragraph, the term `not employed rate', with respect
to a community, means the percentage of individuals
over the age of 18 who reside within the community and
who are ready, willing, and able to be employed but are
unable to find employment, as determined by the
department of labor of the State in which the community
is located.
``(B) Grant authority.--The Secretary may make
grants to associations, units of general local
government, nonprofit corporations, and Indian tribes
(as defined in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
450b)) in a State to provide the Federal share of the
cost of developing specific essential community
facilities in rural communities with respect to which
the not employed rate is greater than the lesser of--
``(i) 500 percent of the average national
unemployment rate on the date of enactment of
this paragraph, as determined by the Bureau of
Labor Statistics; or
``(ii) 200 percent of the average national
unemployment rate during the Great Depression,
as determined by the Bureau of Labor
Statistics.
``(C) Federal share.--Paragraph (19)(B) shall apply
to a grant made under this paragraph.
``(D) Authorization of appropriations.--There are
authorized to be appropriated to carry out this
paragraph $50,000,000 for fiscal year 2001 and such
sums as are necessary for each subsequent fiscal year,
of which not more than 5 percent of the amount made
available for a fiscal year shall be available for
community planning and implementation.''.
(b) Conforming Amendment.--Section 381E(d)(1)(B) of the
Consolidated Farm and Rural Development Act (7 U.S.C. 2009d(d)(1)(B))
is amended by striking ``section 306(a)(19)'' and inserting ``paragraph
(19) or (20) of section 306(a)''.
SEC. 305. COMMUNITY FACILITIES GRANT PROGRAM FOR RURAL COMMUNITIES WITH
HIGH LEVELS OF OUT-MIGRATION OR LOSS OF POPULATION.
(a) In General.--Section 306(a) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1926(a)) (as amended by section 304(a)) is
amended by adding at the end the following:
``(21) Community facilities grant program for rural
communities with high levels of out-migration or loss of
population.--
``(A) Grant authority.--The Secretary may make
grants to associations, units of general local
government, nonprofit corporations, and Indian tribes
(as defined in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
450b)) in a State to provide the Federal share of the
cost of developing specific essential community
facilities in any geographic area--
``(i) that is represented by--
``(I) any political subdivision of
a State;
``(II) an Indian tribe on a Federal
or State reservation; or
``(III) other federally recognized
Indian tribal group;
``(ii) that is located in a rural area (as
defined in section 381A);
``(iii) with respect to which, during the
most recent 5-year period, the net out-
migration of inhabitants, or other population
loss, from the area equals or exceeds 5 percent
of the population of the area; and
``(iv) that has a median household income
that is less than the nonmetropolitan median
household income of the United States.
``(B) Federal share.--Paragraph (19)(B) shall apply
to a grant made under this paragraph.
``(C) Authorization of appropriations.--There are
authorized to be appropriated to carry out this
paragraph $50,000,000 for fiscal year 2001 and such
sums as are necessary for each subsequent fiscal year,
of which not more than 5 percent of the amount made
available for a fiscal year shall be available for
community planning and implementation.''.
(b) Conforming Amendment.--Section 381E(d)(1)(B) of the
Consolidated Farm and Rural Development Act (7 U.S.C. 2009d(d)(1)(B))
(as amended by section 304(b)) is amended by striking ``paragraph (19)
or (20)'' and inserting ``paragraph (19), (20), or (21)''.
SEC. 306. STATE AGRICULTURAL MEDIATION PROGRAMS.
(a) Eligible Person; Mediation Services.--Section 501 of the
Agricultural Credit Act of 1987 (7 U.S.C. 5101) is amended--
(1) in subsection (c), by striking paragraphs (1) and (2)
and inserting the following:
``(1) Issues covered.--
``(A) In general.--To be certified as a qualifying
State, the mediation program of the State must provide
mediation services to persons described in paragraph
(2) that are involved in agricultural loans (regardless
of whether the loans are made or guaranteed by the
Secretary or made by a third party).
``(B) Other issues.--The mediation program of a
qualifying State may provide mediation services to
persons described in paragraph (2) that are involved in
1 or more of the following issues under the
jurisdiction of the Department of Agriculture:
``(i) Wetlands determinations.
``(ii) Compliance with farm programs,
including conservation programs.
``(iii) Agricultural credit.
``(iv) Rural water loan programs.
``(v) Grazing on National Forest System
land.
``(vi) Pesticides.
``(vii) Such other issues as the Secretary
considers appropriate.
``(2) Persons eligible for mediation.--
``(A) In general.--Subject to subparagraph (B), the
persons referred to in paragraph (1) include--
``(i) agricultural producers;
``(ii) creditors of producers (as
applicable); and
``(iii) persons directly affected by
actions of the Department of Agriculture.
``(B) Voluntary participation.--
``(i) In general.--Subject to clause (ii)
and section 503, a person may not be compelled
to participate in mediation services provided
under this Act.
``(ii) State laws.--Clause (i) shall not
affect a State law requiring mediation before
foreclosure on agricultural land or
property.''; and
(2) by adding at the end the following:
``(d) Definition of Mediation Services.--In this section, the term
`mediation services', with respect to mediation or a request for
mediation, may include all activities related to--
``(1) the intake and scheduling of cases;
``(2) the provision of background and selected information
regarding the mediation process;
``(3) financial advisory and counseling services (as
appropriate) performed by a person other than a State mediation
program mediator; and
``(4) the mediation session.''.
(b) Use of Mediation Grants.--Section 502(c) of the Agricultural
Credit Act of 1987 (7 U.S.C. 5102(c)) is amended--
(1) by striking ``Each'' and inserting the following:
``(1) In general.--Each''; and
(2) by adding at the end the following:
``(2) Operation and administration expenses.--For purposes
of paragraph (1), operation and administration expenses for
which a grant may be used include--
``(A) salaries;
``(B) reasonable fees and costs of mediators;
``(C) office rent and expenses, such as utilities
and equipment rental;
``(D) office supplies;
``(E) administrative costs, such as workers'
compensation, liability insurance, the employer's share
of Social Security, and necessary travel;
``(F) education and training;
``(G) security systems necessary to ensure the
confidentiality of mediation sessions and records of
mediation sessions;
``(H) costs associated with publicity and promotion
of the mediation program;
``(I) preparation of the parties for mediation; and
``(J) financial advisory and counseling services
for parties requesting mediation.''.
(c) Authorization of Appropriations.--Section 506 of the
Agricultural Credit Act of 1987 (7 U.S.C. 5106) is amended by striking
``2000'' and inserting ``2005''.
SEC. 307. ADJUSTMENTS TO NUTRITION PROGRAMS.
(a) Payment of Costs Associated With Removal of Commodities That
Pose a Health or Safety Risk.--Section 15(e) of the Commodity
Distribution Reform Act and WIC Amendments of 1987 (7 U.S.C. 612c note;
Public Law 100-237) is amended by striking ``2000'' and inserting
``2003''.
(b) Special Supplemental Nutrition Program for Women, Infants, and
Children.--
(1) Cost-of-living allowances for members of uniformed
services.--Section 17(d)(2)(B)(ii) of the Child Nutrition Act
of 1966 (42 U.S.C. 1786(d)(2)(B)(ii)) is amended by striking
``continental'' and inserting ``contiguous States of the''.
(2) Demonstration project.--Effective October 1, 2000,
section 17(r)(1) of the Child Nutrition Act of 1966 (42 U.S.C.
1786(r)(1)) is amended by striking ``at least 20 local
agencies'' and inserting ``not more than 20 local agencies''.
(c) Child and Adult Care Food Program.--
(1) Technical amendments.--Section 17 of the Richard B.
Russell National School Lunch Act (42 U.S.C. 1766) is amended--
(A) by striking the section heading and all that
follows through ``Sec. 17.'' and inserting the
following:
``SEC. 17. CHILD AND ADULT CARE FOOD PROGRAM.'';
and
(B) in subsection (a)(6)(C)(ii), by striking
``and'' at the end.
(2) Exceptions to hearing requirements.--Section
17(d)(5)(D) of the Richard B. Russell National School Lunch Act
(42 U.S.C. 1766(d)(5)(D)) is amended--
(A) by striking ``(D) Hearing.--An institution''
and inserting the following:
``(D) Hearing.--
``(i) In general.--Except as provided in
clause (ii), an institution''; and
(B) by adding at the end the following:
``(ii) Exception for false or fraudulent
claims.--
``(I) In general.--If a State
agency determines that an institution
has knowingly submitted a false or
fraudulent claim for reimbursement, the
State agency may suspend the
participation of the institution in the
program in accordance with this clause.
``(II) Requirement for review.--
Prior to any determination to suspend
participation of an institution under
subclause (I), the State agency shall
provide for an independent review of
the proposed suspension in accordance
with subclause (III).
``(III) Review procedure.--The
review shall--
``(aa) be conducted by an
independent and impartial
official other than, and not
accountable to, any person
involved in the determination
to suspend the institution;
``(bb) provide the State
agency and the institution the
right to submit written
documentation relating to the
suspension, including State
agency documentation of the
alleged false or fraudulent
claim for reimbursement and the
response of the institution to
the documentation;
``(cc) require the
reviewing official to
determine, based on the review,
whether the State agency has
established, based on a
preponderance of the evidence,
that the institution has
knowingly submitted a false or
fraudulent claim for
reimbursement;
``(dd) require the
suspension to be in effect for
not more than 120 calendar days
after the institution has
received notification of a
determination of suspension in
accordance with this clause;
and
``(ee) require the State
agency during the suspension to
ensure that payments continue
to be made to sponsored centers
and family and group day care
homes meeting the requirements
of the program.
``(IV) Hearing.--A State agency
shall provide an institution that has
been suspended from participation in
the program under this clause an
opportunity for a fair hearing on the
suspension conducted in accordance with
subsection (e)(1).''.
(3) Statewide demonstration projects involving private for-
profit organizations providing nonresidential day care
services.--Section 17(p)(3)(C) of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1766(p)(3)(C)) is
amended--
(A) in clause (iii), by striking ``all families''
and inserting ``all low-income families''; and
(B) in clause (iv), by striking ``made'' and
inserting ``reported for fiscal year 1998''.
SEC. 308. AUTHORIZATION FOR SECRETARY OF AGRICULTURE TO PURCHASE AND
TRANSFER LAND.
Subject to the availability of funds appropriated to the
Agricultural Research Service, the Secretary of Agriculture may--
(1) purchase a tract of land in the State of South Carolina
that is contiguous to land owned on the date of enactment of
this Act by the Department of Agriculture, acting through the
Coastal Plains Soil, Water, and Plant Research Center of the
Agricultural Research Service; and
(2) transfer land owned by the Department of Agriculture to
the Florence Darlington Technical College, South Carolina, in
exchange for land owned by the College.
SEC. 309. EXTENSION OF TIME PERIOD FOR FILING CERTAIN COMPLAINTS
ALLEGING PREPARATION OF FALSE INSPECTION CERTIFICATES.
Notwithstanding section 6(a)(1) of the Perishable Agricultural
Commodities Act, 1930 (7 U.S.C. 499f(a)(1)), a person that desires to
file a complaint under section 6 of that Act involving the allegation
of a false inspection certificate prepared by a grader of the
Department of Agriculture at Hunts Point Terminal Market, Bronx, New
York, prior to October 27, 1999, may file the complaint not later than
January 1, 2001.
SEC. 310. INTERNATIONAL FOOD RELIEF PARTNERSHIP.
(a) Assistance for Stockpiling and Rapid Transportation, Delivery,
and Distribution of Shelf-Stable Prepackaged Foods.--Title II of the
Agricultural Trade Development and Assistance Act of 1954 (7 U.S.C.
1721 et seq.) is amended by adding at the end the following:
``SEC. 208. ASSISTANCE FOR STOCKPILING AND RAPID TRANSPORTATION,
DELIVERY, AND DISTRIBUTION OF SHELF-STABLE PREPACKAGED
FOODS.
``(a) In General.--The Administrator may provide grants to--
``(1) United States nonprofit organizations (described in
section 501(c)(3) of the Internal Revenue Code of 1986 and
exempt from tax under section 501(a) of the Internal Revenue
Code of 1986) for the preparation of shelf-stable prepackaged
foods requested by eligible organizations and the establishment
and maintenance of stockpiles of the foods in the United
States; and
``(2) private voluntary organizations and international
organizations for the rapid transportation, delivery, and
distribution of shelf-stable prepackaged foods described in
paragraph (1) to needy individuals in foreign countries.
``(b) Grants for Establishment of Stockpiles.--
``(1) In general.--Not more than 70 percent of the amount
made available to carry out this section shall be used to
provide grants under subsection (a)(1).
``(2) Priority.--In providing grants under subsection
(a)(1), the Administrator shall provide a preference to a
United States nonprofit organization that agrees to provide--
``(A) non-Federal funds in an amount equal to 50
percent of the amount of funds received under a grant
under subsection (a)(1);
``(B) an in-kind contribution in an amount equal to
that percentage; or
``(C) a combination of such funds and an in-kind
contribution;
for the preparation of shelf-stable prepackaged foods and the
establishment and maintenance of stockpiles of the foods in the
United States in accordance with subsection (a)(1).
``(c) Grants for Rapid Transportation, Delivery, and
Distribution.--Not less than 20 percent of the amount made available to
carry out this section shall be used to provide grants under subsection
(a)(2).
``(d) Administration.--Not more than 10 percent of the amount made
available to carry out this section may be used by the Administrator
for the administration of grants under subsection (a).
``(e) Regulations or Guidelines.--Not later than 180 days after the
date of enactment of this section, the Administrator, in consultation
with the Secretary, shall issue such regulations or guidelines as the
Administrator determines to be necessary to carry out this section,
including regulations or guidelines that provide to United States
nonprofit organizations eligible to receive grants under subsection
(a)(1) guidance with respect to the requirements for qualified shelf-
stable prepackaged foods and the quantity of the foods to be stockpiled
by the organizations.
``(f) Authorization of Appropriations.--There is authorized to be
appropriated to the Administrator to carry out this section, in
addition to amounts otherwise available to carry out this section,
$3,000,000 for each of fiscal years 2001 and 2002, to remain available
until expended.''.
(b) Prepositioning of Commodities.--Section 407(c) of the
Agricultural Trade Development and Assistance Act of 1954 (7 U.S.C.
1736a(c)) is amended by adding at the end the following:
``(4) Prepositioning.--Funds made available for fiscal
years 2001 and 2002 to carry out titles II and III may be used
by the Administrator to procure, transport, and store
agricultural commodities for prepositioning within the United
States and in foreign countries, except that for each such
fiscal year not more than $2,000,000 of such funds may be used
to store agricultural commodities for prepositioning in foreign
countries.''.
Attest:
Secretary.
106th CONGRESS
2d Session
H. R. 4788
_______________________________________________________________________
AMENDMENT
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