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[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4788 Enrolled Bill (ENR)]

        H.R.4788

                       One Hundred Sixth Congress

                                 of the

                        United States of America

                          AT THE SECOND SESSION

           Begun and held at the City of Washington on Monday,
             the twenty-fourth day of January, two thousand

                                 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 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 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) 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 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.

                        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 the 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 the 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 one 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 the 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 the 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.''.

SEC. 311. COTTON FUTURES.

    Subsection (d)(2) of the United States Cotton Futures Act (7 U.S.C. 
15b(d)(2)) is amended by adding at the end the following: ``A person 
complying with the preceding sentence shall not be liable for any loss 
or damage arising or resulting from such compliance.''.

SEC. 312. IMPROVED INVESTIGATIVE AND ENFORCEMENT ACTIVITIES UNDER THE 
              PACKERS AND STOCKYARDS ACT, 1921.

    (a) Implementation of General Accounting Office Recommendations.--
Not later than 1 year after the date of the enactment of this Act, the 
Secretary of Agriculture shall implement the recommendations contained 
in the report issued by the General Accounting Office entitled 
``Packers and Stockyards Programs: Actions Needed to Improve 
Investigations of Competitive Practices'', GAO/RCED-00-242, dated 
September 21, 2000.
    (b) Consultation.--During the implementation period referred to in 
subsection (a), and for such an additional time period as needed to 
assure effective implementation of the recommendations contained in the 
report referred to in such subsection, the Secretary of Agriculture 
shall consult and work with the Department of Justice and the Federal 
Trade Commission in order to--
        (1) implement the recommendations in the report regarding 
    investigation management, operations, and case methods development 
    processes; and
        (2) effectively identify and investigate complaints of unfair 
    and anti-competitive practices in violation of the Packers and 
    Stockyards Act, 1921 (7 U.S.C. 181 et seq.), and enforce the Act.
    (c) Training.--Not later than 1 year after the date of the 
enactment of this Act, the Secretary of Agriculture shall develop and 
implement a training program for staff of the Department of Agriculture 
engaged in the investigation of complaints of unfair and anti-
competitive activity in violation of the Packers and Stockyards Act, 
1921. In developing the training program, the Secretary of Agriculture 
shall draw on existing training materials and programs available at the 
Department of Justice and the Federal Trade Commission, to the extent 
practicable.
    (d) Implementation Report.--Not later than 1 year after the date of 
the enactment of this Act, the Secretary of Agriculture shall submit to 
Congress a report describing the actions taken to comply with this 
section.
    (e) Annual Assessment of Cattle and Hog Industries.--Title IV of 
the Packers and Stockyards Act, 1921, is amended--
        (1) by redesignating section 415 (7 U.S.C. 229) as section 416; 
    and
        (2) by inserting after section 414 the following:

``SEC. 415. ANNUAL ASSESSMENT OF CATTLE AND HOG INDUSTRIES.

    ``Not later than March 1 of each year, the Secretary shall submit 
to Congress and make publicly available a report that--
        ``(1) assesses the general economic state of the cattle and hog 
    industries;
        ``(2) describes changing business practices in those 
    industries; and
        ``(3) identifies market operations or activities in those 
    industries that appear to raise concerns under this Act.''.

SEC. 313. REHABILITATION OF WATER RESOURCE STRUCTURAL MEASURES 
              CONSTRUCTED UNDER CERTAIN DEPARTMENT OF AGRICULTURE 
              PROGRAMS.

    The Watershed Protection and Flood Prevention Act (16 U.S.C. 1001 
et seq.) is amended by adding at the end the following new section:

``SEC. 14. REHABILITATION OF STRUCTURAL MEASURES NEAR, AT, OR PAST 
              THEIR EVALUATED LIFE EXPECTANCY.

    ``(a) Definitions.--For purposes of this section:
        ``(1) Rehabilitation.--The term `rehabilitation', with respect 
    to a structural measure constructed as part of a covered water 
    resource project, means the completion of all work necessary to 
    extend the service life of the structural measure and meet 
    applicable safety and performance standards. This may include: (A) 
    protecting the integrity of the structural measure or prolonging 
    the useful life of the structural measure beyond the original 
    evaluated life expectancy; (B) correcting damage to the structural 
    measure from a catastrophic event; (C) correcting the deterioration 
    of structural components that are deteriorating at an abnormal 
    rate; (D) upgrading the structural measure to meet changed land use 
    conditions in the watershed served by the structural measure or 
    changed safety criteria applicable to the structural measure; or 
    (E) decommissioning the structure, if requested by the local 
    organization.
        ``(2) Covered water resource project.--The term `covered water 
    resource project' means a work of improvement carried out under any 
    of the following:
            ``(A) This Act.
            ``(B) Section 13 of the Act of December 22, 1944 (Public 
        Law 78-534; 58 Stat. 905).
            ``(C) The pilot watershed program authorized under the 
        heading `Flood Prevention' of the Department of Agriculture 
        Appropriation Act, 1954 (Public Law 156; 67 Stat. 214).
            ``(D) Subtitle H of title XV of the Agriculture and Food 
        Act of 1981 (16 U.S.C. 3451 et seq.; commonly known as the 
        Resource Conservation and Development Program).
        ``(3) Structural measure.--The term `structural measure' means 
    a physical improvement that impounds water, commonly known as a 
    dam, which was constructed as part of a covered water resource 
    project, including the impoundment area and flood pool.
    ``(b) Cost Share Assistance for Rehabilitation.--
        ``(1) Assistance authorized.--The Secretary may provide 
    financial assistance to a local organization to cover a portion of 
    the total costs incurred for the rehabilitation of structural 
    measures originally constructed as part of a covered water resource 
    project. The total costs of rehabilitation include the costs 
    associated with all components of the rehabilitation project, 
    including acquisition of land, easements, and rights-of-ways, 
    rehabilitation project administration, the provision of technical 
    assistance, contracting, and construction costs, except that the 
    local organization shall be responsible for securing all land, 
    easements, or rights-of-ways necessary for the project.
        ``(2) Amount of assistance; limitations.--The amount of Federal 
    funds that may be made available under this subsection to a local 
    organization for construction of a particular rehabilitation 
    project shall be equal to 65 percent of the total rehabilitation 
    costs, but not to exceed 100 percent of actual construction costs 
    incurred in the rehabilitation. However, the local organization 
    shall be responsible for the costs of water, mineral, and other 
    resource rights and all Federal, State, and local permits.
        ``(3) Relation to land use and development regulations.--As a 
    condition on entering into an agreement to provide financial 
    assistance under this subsection, the Secretary, working in concert 
    with the affected unit or units of general purpose local 
    government, may require that proper zoning or other developmental 
    regulations are in place in the watershed in which the structural 
    measures to be rehabilitated under the agreement are located so 
    that--
            ``(A) the completed rehabilitation project is not quickly 
        rendered inadequate by additional development; and
            ``(B) society can realize the full benefits of the 
        rehabilitation investment.
    ``(c) Technical Assistance for Watershed Project Rehabilitation.--
The Secretary, acting through the Natural Resources Conservation 
Service, may provide technical assistance in planning, designing, and 
implementing rehabilitation projects should a local organization 
request such assistance. Such assistance may consist of specialists in 
such fields as engineering, geology, soils, agronomy, biology, 
hydraulics, hydrology, economics, water quality, and contract 
administration.
    ``(d) Prohibited Use.--
        ``(1) Performance of operation and maintenance.--Rehabilitation 
    assistance provided under this section may not be used to perform 
    operation and maintenance activities specified in the agreement for 
    the covered water resource project entered into between the 
    Secretary and the local organization responsible for the works of 
    improvement. Such operation and maintenance activities shall remain 
    the responsibility of the local organization, as provided in the 
    project work plan.
        ``(2) Renegotiation.--Notwithstanding paragraph (1), as part of 
    the provision of financial assistance under subsection (b), the 
    Secretary may renegotiate the original agreement for the covered 
    water resource project entered into between the Secretary and the 
    local organization regarding responsibility for the operation and 
    maintenance of the project when the rehabilitation is finished.
    ``(e) Application for Rehabilitation Assistance.--A local 
organization may apply to the Secretary for technical and financial 
assistance under this section if the application has also been 
submitted to and approved by the State agency having supervisory 
responsibility over the covered water resource project at issue or, if 
there is no State agency having such responsibility, by the Governor of 
the State. The Secretary shall request the State dam safety officer (or 
equivalent State official) to be involved in the application process if 
State permits or approvals are required. The rehabilitation of 
structural measures shall meet standards established by the Secretary 
and address other dam safety issues. At the request of the local 
organization, personnel of the Natural Resources Conservation Service 
of the Department of Agriculture may assist in preparing applications 
for assistance.
    ``(f) Ranking of Requests for Rehabilitation Assistance.--The 
Secretary shall establish such system of approving rehabilitation 
requests, recognizing that such requests will be received throughout 
the fiscal year and subject to the availability of funds to carry out 
this section, as is necessary for proper administration by the 
Department of Agriculture and equitable for all local organizations. 
The approval process shall be in writing, and made known to all local 
organizations and appropriate State agencies.
    ``(g) Prohibition on Certain Rehabilitation Assistance.--The 
Secretary may not approve a rehabilitation request if the need for 
rehabilitation of the structure is the result of a lack of adequate 
maintenance by the party responsible for the maintenance.
    ``(h) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary to provide financial and technical 
assistance under this section--
        ``(1) $5,000,000 for fiscal year 2001;
        ``(2) $10,000,000 for fiscal year 2002;
        ``(3) $15,000,000 for fiscal year 2003;
        ``(4) $25,000,000 for fiscal year 2004; and
        ``(5) $35,000,000 for fiscal year 2005.
    ``(i) Assessment of Rehabilitation Needs.--The Secretary, in 
concert with the responsible State agencies, shall conduct an 
assessment of the rehabilitation needs of covered water resource 
projects in all States in which such projects are located.
    ``(j) Recordkeeping and Reports.--
        ``(1) Secretary.--The Secretary shall maintain a data base to 
    track the benefits derived from rehabilitation projects supported 
    under this section and the expenditures made under this section. On 
    the basis of such data and the reports submitted under paragraph 
    (2), the Secretary shall prepare and submit to Congress an annual 
    report providing the status of activities conducted under this 
    section.
        ``(2) Grant recipients.--Not later than 90 days after the 
    completion of a specific rehabilitation project for which 
    assistance is provided under this section, the local organization 
    that received the assistance shall make a report to the Secretary 
    giving the status of any rehabilitation effort undertaken using 
    financial assistance provided under this section.''.

SEC. 314. RELEASE OF REVERSIONARY INTEREST AND CONVEYANCE OF MINERAL 
              RIGHTS IN FORMER FEDERAL LAND IN SUMTER COUNTY, SOUTH 
              CAROLINA.

    (a) Findings.--Congress finds the following:
        (1) The hiking trail known as the Palmetto Trail traverses the 
    Manchester State Forest in Sumter County, South Carolina, which is 
    owned by the South Carolina State Commission of Forestry on behalf 
    of the State of South Carolina.
        (2) The Commission seeks to widen the Palmetto Trail by 
    acquiring a corridor of land along the northeastern border of the 
    trail from the Anne Marie Carton Boardman Trust in exchange for a 
    tract of former Federal land now owned by the Commission.
        (3) At the time of the conveyance of the former Federal land to 
    the Commission in 1955, the United States retained a reversionary 
    interest in the land, which now prevents the land exchange from 
    being completed.
    (b) Release of Reversionary Interest.--
        (1) Release required.--In the case of the tract of land 
    identified as Tract 3 on the map numbered 161-DI and further 
    described in paragraph (2), the Secretary of Agriculture shall 
    release the reversionary interest of the United States in the land 
    that--
            (A) requires that the land be used for public purposes; and
            (B) is contained in the deed conveying the land from the 
        United States to the South Carolina State Commission of 
        Forestry, dated June 28, 1955, and recorded in Deed Drawer No. 
        6 of the Clerk of Court for Sumter County, South Carolina.
        (2) Map of tract 3.--Tract 3 is generally depicted on the map 
    numbered 161-DI, entitled ``Boundary Survey for South Carolina 
    Forestry Commission'', dated August 1998, and filed, together with 
    a legal description of the tract, with the South Carolina State 
    Commission of Forestry.
        (3) Consideration.--As consideration for the release of the 
    revisionary interest under paragraph (1), the State of South 
    Carolina shall transfer to the United States a vested future 
    interest, similar to the restriction described in paragraph (1)(A), 
    in the tract of land identified as Parcel G on the map numbered 
    225-HI, entitled ``South Carolina Forestry Commission Boardman Land 
    Exchange'', dated June 9, 1999, and filed, together with a legal 
    description of the tract, with the South Carolina State Commission 
    of Forestry.
    (c) Exchange of Mineral Rights.--
        (1) Exchange required.--Subject to any valid existing rights of 
    third parties, the Secretary of the Interior shall convey to the 
    South Carolina State Commission of Forestry on behalf of the State 
    of South Carolina all of the undivided mineral rights of the United 
    States in the Tract 3 identified in subsection (b)(1) in exchange 
    for mineral rights of equal value held by the State of South 
    Carolina in the Parcel G identified in subsection (b)(3) as well as 
    in Parcels E and F owned by the State and also depicted on the map 
    referred to in subsection (b)(3).
        (2) Determination of mineral character.--Not later than 90 days 
    after the date of the enactment of this Act, the Secretary of the 
    Interior shall determine--
            (A) the mineral character of Tract 3 and Parcels E, F, and 
        G; and
            (B) the fair market value of the mineral interests.

SEC. 315. TECHNICAL CORRECTION REGARDING RESTORATION OF ELIGIBILITY FOR 
              CROP LOSS ASSISTANCE.

    Section 259 of the Agricultural Risk Protection Act of 2000 (Public 
Law 106-224; 114 Stat. 426; 7 U.S.C. 1421 note) is amended by adding at 
the end the following:
    ``(c) Commodity Credit Corporation.--The Secretary shall use the 
funds, facilities, and authorities of the Commodity Credit Corporation 
to carry out this section.''.

SEC. 316. PORK CHECKOFF REFERENDUM.

    Notwithstanding section 1620(c)(3)(B)(iv) of the Pork Promotion, 
Research, and Consumer Information Act of 1985 (7 U.S.C. 
4809(c)(3)(B)(iv)), the Secretary shall use funds of the Commodity 
Credit Corporation to pay for all expenses associated with the pork 
checkoff referendum ordered by the Secretary on February 25, 2000.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
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