[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5169 Introduced in House (IH)]







106th CONGRESS
  2d Session
                                H. R. 5169

To reenact the United States Warehouse Act to require the licensing and 
      inspection of warehouses and other structures used to store 
    agricultural products, to provide for the issuance of receipts, 
  including electronic receipts, for agricultural products stored or 
        handled in licensed warehouses, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 13, 2000

  Mr. LaHood (for himself and Mr. Goodlatte) introduced the following 
        bill; which was referred to the Committee on Agriculture

_______________________________________________________________________

                                 A BILL


 
To reenact the United States Warehouse Act to require the licensing and 
      inspection of warehouses and other structures used to store 
    agricultural products, to 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.

    This Act may be cited as the ``Warehouse Improvement Act of 2000''.

SEC. 2. 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. 3. 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 2.
    (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 2.
    (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 2, shall be effective until the earlier of--
            (1) the date on which final regulations are promulgated 
        under subsection (b); or
            (2) August 1, 2001.
                                 <all>