[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4788 Engrossed in House (EH)]
2d Session
H. R. 4788
_______________________________________________________________________
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.
106th CONGRESS
2d Session
H. R. 4788
_______________________________________________________________________
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
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 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 one 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 one designated official agency in the same geographic
area will not undermine the policy stated in section 2, the
Secretary may--
``(A) allow more than one 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 one 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 one designated
official agency in the same geographic area will not undermine
the policy stated in section 2, the Secretary may--
``(A) allow more than one 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) Obsolete Studies and Reports.--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) Temporary Authorities and Study.--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) Transitional Provision.--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 one 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) one 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 one 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 one 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 one 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
the 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
the 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.
Passed the House of Representatives October 10, 2000.
Attest:
Clerk.