In the Senate of the United States,

October 12 (legislative day, September 22), 2000.

Resolved, That the bill from the House of Representatives (H.R. 4788) entitled ‘‘An Act to amend the United

States Grain Standards Act to extend the authority of the

Secretary of Agriculture to collect fees to cover the cost of

services performed under that Act, extend the authorization

of appropriations for that Act, and improve the administration of that Act, to reenact the United States Warehouse Act

to require the licensing and inspection of warehouses used to

store agricultural products and provide for the issuance of receipts, including electronic receipts, for agricultural products

stored or handled in licensed warehouses, and for other purposes.’’, do pass with the following

AMENDMENT:

Strike out all after the enacting clause and insert:

1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

2 (a) SHORT TITLE.—This Act may be cited as the

3 ‘‘Grain Standards and Warehouse Improvement Act of

4 2000’’.
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1 (b) TABLE OF CONTENTS.—The table of contents of this

2 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.

3 TITLE I—GRAIN STANDARDS

4 SEC. 101. SAMPLING FOR EXPORT GRAIN.

5 Section 5(a)(1) of the United States Grain Standards

6 Act (7 U.S.C. 77(a)(1)) is amended by striking ‘‘(on the
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1 basis’’ and all that follows through ‘‘from the United

2 States)’’.

3 SEC. 102. GEOGRAPHIC BOUNDARIES FOR OFFICIAL AGEN4 CIES.

5 (a) INSPECTION AUTHORITY.—Section 7(f) of the

6 United States Grain Standards Act (7 U.S.C. 79(f)) is

7 amended by striking paragraph (2) and inserting the fol8 lowing:

9 ‘‘(2) GEOGRAPHIC BOUNDARIES FOR OFFICIAL

10 AGENCIES.—Not more than 1 official agency des11 ignated under paragraph (1) or State delegated au12 thority under subsection (e)(2) to carry out the in13 spection provisions of this Act shall be operative at

14 the same time in any geographic area defined by the

15 Secretary, except that, if the Secretary determines

16 that the presence of more than 1 designated official

17 agency in the same geographic area will not under18 mine the policy stated in section 2, the Secretary

19 may—

20 ‘‘(A) allow more than 1 designated official

21 agency to carry out inspections within the same

22 geographical area as part of a pilot program;

23 and

24 ‘‘(B) allow a designated official agency to

25 cross boundary lines to carry out inspections in
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1 another geographic area if the Secretary also de2 termines that—

3 ‘‘(i) the current designated official

4 agency for that geographic area is unable to

5 provide inspection services in a timely

6 manner;

7 ‘‘(ii) a person requesting inspection

8 services in that geographic area has not

9 been receiving official inspection services

10 from the current designated official agency

11 for that geographic area; or

12 ‘‘(iii) a person requesting inspection

13 services in that geographic area requests a

14 probe inspection on a barge-lot basis.’’.

15 (b) WEIGHING AUTHORITY.—Section 7A(i) of the

16 United States Grain Standards Act (7 U.S.C. 79a(i)) is

17 amended—

18 (1) by striking ‘‘(i) No’’ and inserting the fol19 lowing:

20 ‘‘(i) UNAUTHORIZED WEIGHING PROHIBITED.—

21 ‘‘(1) IN GENERAL.—No’’;

22 (2) by striking the second sentence; and

23 (3) by adding at the end the following:

24 ‘‘(2) GEOGRAPHIC BOUNDARIES FOR OFFICIAL

25 AGENCIES.—Not more than 1 designated official agen-
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1 cy referred to in paragraph (1) or State agency dele2 gated authority pursuant to subsection (c)(2) to carry

3 out the weighing provisions of this Act shall be opera4 tive at the same time in any geographic area defined

5 by the Secretary, except that, if the Secretary deter6 mines that the presence of more than 1 designated of7 ficial agency in the same geographic area will not un8 dermine the policy stated in section 2, the Secretary

9 may—

10 ‘‘(A) allow more than 1 designated official

11 agency to carry out the weighing provisions

12 within the same geographical area as part of a

13 pilot program; and

14 ‘‘(B) allow a designated official agency to

15 cross boundary lines to carry out the weighing

16 provisions in another geographic area if the Sec17 retary also determines that—

18 ‘‘(i) the current designated official

19 agency for that geographic area is unable to

20 provide the weighing services in a timely

21 manner; or

22 ‘‘(ii) a person requesting weighing

23 services in that geographic area has not

24 been receiving official weighing services
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1 from the current designated official agency

2 for that geographic area.’’.

3 SEC. 103. AUTHORIZATION TO COLLECT FEES.

4 (a) INSPECTION AND SUPERVISORY FEES.—Section

5 7(j)(4) of the United States Grain Standards Act (7 U.S.C.

6 79(j)(4)) is amended in the first sentence by striking ‘‘2000’’

7 and inserting ‘‘2005’’.

8 (b) WEIGHING AND SUPERVISORY FEES.—Section

9 7A(l)(3) of the United States Grain Standards Act (7

10 U.S.C. 79a(l)(3)) is amended in the first sentence by strik11 ing ‘‘2000’’ and inserting ‘‘2005’’.

12 SEC. 104. TESTING OF EQUIPMENT.

13 Section 7B(a) of the United States Grain Standards

14 Act (7 U.S.C. 79b(a)) is amended in the first sentence by

15 striking ‘‘but at least annually and’’.

16 SEC. 105. LIMITATION ON ADMINISTRATIVE AND SUPER17 VISORY COSTS.

18 Section 7D of the United States Grain Standards Act

19 (7 U.S.C. 79d) is amended—

20 (1) by striking ‘‘2000’’ and inserting ‘‘2005’’;

21 and

22 (2) by striking ‘‘40 per centum’’ and inserting

23 ‘‘30 percent’’.
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1 SEC. 106. LICENSES AND AUTHORIZATIONS.

2 Section 8(a)(3) of the United States Grain Standards

3 Act (7 U.S.C. 84(a)(3)) is amended by inserting ‘‘inspec4 tion, weighing,’’ after ‘‘laboratory testing,’’.

5 SEC. 107. GRAIN ADDITIVES.

6 Section 13(e)(1) of the United States Grain Standards

7 Act (7 U.S.C. 87b(e)(1)) is amended by inserting ‘‘, or pro8 hibit disguising the quality of grain,’’ after ‘‘sound and

9 pure grain’’.

10 SEC. 108. AUTHORIZATION OF APPROPRIATIONS.

11 Section 19 of the United States Grain Standards Act

12 (7 U.S.C. 87h) is amended by striking ‘‘2000’’ and insert13 ing ‘‘2005’’.

14 SEC. 109. ADVISORY COMMITTEE.

15 Section 21(e) of the United States Grain Standards

16 Act (7 U.S.C. 87j(e)) is amended by striking ‘‘2000’’ and

17 inserting ‘‘2005’’.

18 SEC. 110. CONFORMING AMENDMENTS.

19 (a) Section 8 of the United States Grain Standards

20 Act of 1976 (7 U.S.C. 79 note; Public Law 94–582) is

21 amended—

22 (1) by striking ‘‘(a)’’; and

23 (2) by striking subsection (b).

24 (b) Sections 23, 24, and 25 of the United States Grain

25 Standards Act of 1976 (7 U.S.C. 87e–1, 7 U.S.C. 76 note;

26 Public Law 94–582) are repealed.
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1 (c) Section 27 of the United States Grain Standards

2 Act of 1976 (7 U.S.C. 74 note; Public Law 94–582) is

3 amended by striking ‘‘; and thereafter’’ and all that follows

4 and inserting a period.

5 SEC. 111. SPECIAL EFFECTIVE DATE FOR CERTAIN EXPIRED

6 PROVISIONS.

7 The amendments made by sections 103, 105, 108, and

8 109 shall take effect as if enacted on September 30, 2000.

9 TITLE II—WAREHOUSES

10 SEC. 201. STORAGE OF AGRICULTURAL PRODUCTS IN WARE11 HOUSES.

12 The United States Warehouse Act (7 U.S.C. 241 et

13 seq.) is amended to read as follows:

14 ‘‘SECTION 1. SHORT TITLE.

15 ‘‘This Act may be cited as the ‘United States Ware16 house Act’.

17 ‘‘SEC. 2. DEFINITIONS.

18 ‘‘In this Act:

19 ‘‘(1) AGRICULTURAL PRODUCT.—The term ‘agri20 cultural product’ means an agricultural commodity,

21 as determined by the Secretary, including a processed

22 product of an agricultural commodity.

23 ‘‘(2) APPROVAL.—The term ‘approval’ means the

24 consent provided by the Secretary for a person to en25 gage in an activity authorized by this Act.
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1 ‘‘(3) DEPARTMENT.—The term ‘Department’

2 means the Department of Agriculture.

3 ‘‘(4) ELECTRONIC DOCUMENT.—The term ‘elec4 tronic document’ means a document that is generated,

5 sent, received, or stored by electronic, optical, or simi6 lar means, including electronic data interchange, elec7 tronic mail, telegram, telex, or telecopy.

8 ‘‘(5) ELECTRONIC RECEIPT.—The term ‘elec9 tronic receipt’ means a receipt that is authorized by

10 the Secretary to be issued or transmitted under this

11 Act in the form of an electronic document.

12 ‘‘(6) HOLDER.—The term ‘holder’ means a per13 son that has possession in fact or by operation of law

14 of a receipt or any electronic document.

15 ‘‘(7) PERSON.—The term ‘person’ means—

16 ‘‘(A) a person (as defined in section 1 of

17 title 1, United States Code);

18 ‘‘(B) a State; and

19 ‘‘(C) a political subdivision of a State.

20 ‘‘(8) RECEIPT.—The term ‘receipt’ means a

21 warehouse receipt issued in accordance with this Act,

22 including an electronic receipt.

23 ‘‘(9) SECRETARY.—The term ‘Secretary’ means

24 the Secretary of Agriculture.
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1 ‘‘(10) WAREHOUSE.—The term ‘warehouse’

2 means a structure or other approved storage facility,

3 as determined by the Secretary, in which any agricul4 tural product may be stored or handled for the pur5 poses of interstate or foreign commerce.

6 ‘‘(11) WAREHOUSE OPERATOR.—The term ‘ware7 house operator’ means a person that is lawfully en8 gaged in the business of storing or handling agricul9 tural products.

10 ‘‘SEC. 3. POWERS OF SECRETARY.

11 ‘‘(a) IN GENERAL.—The Secretary shall have exclusive

12 power, jurisdiction, and authority, to the extent that this

13 Act applies, with respect to—

14 ‘‘(1) each warehouse operator licensed under this

15 Act;

16 ‘‘(2) each person that has obtained an approval

17 to engage in an activity under this Act; and

18 ‘‘(3) each person claiming an interest in an ag19 ricultural product by means of a document or receipt

20 subject to this Act.

21 ‘‘(b) COVERED AGRICULTURAL PRODUCTS.—The Sec22 retary shall specify, after an opportunity for notice and

23 comment, those agricultural products for which a warehouse

24 license may be issued under this Act.
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1 ‘‘(c) INVESTIGATIONS.—The Secretary may investigate

2 the storing, warehousing, classifying according to grade and

3 otherwise, weighing, and certifying of agricultural products.

4 ‘‘(d) INSPECTIONS.—The Secretary may inspect or

5 cause to be inspected any person or warehouse licensed

6 under this Act and any warehouse for which a license is

7 applied for under this Act.

8 ‘‘(e) SUITABILITY FOR STORAGE.—The Secretary may

9 determine whether a licensed warehouse, or a warehouse for

10 which a license is applied for under this Act, is suitable

11 for the proper storage of the agricultural product or prod12 ucts stored or proposed for storage in the warehouse.

13 ‘‘(f) CLASSIFICATION.—The Secretary may classify a

14 licensed warehouse, or a warehouse for which a license is

15 applied for under this Act, in accordance with the owner16 ship, location, surroundings, capacity, conditions, and

17 other qualities of the warehouse and as to the kinds of li18 censes issued or that may be issued for the warehouse under

19 this Act.

20 ‘‘(g) WAREHOUSE OPERATOR’S DUTIES.—Subject to

21 the other provisions of this Act, the Secretary may prescribe

22 the duties of a warehouse operator operating a warehouse

23 licensed under this Act with respect to the warehouse opera24 tor’s care of and responsibility for agricultural products

25 stored or handled by the warehouse operator.
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1 ‘‘(h) SYSTEMS FOR ELECTRONIC CONVEYANCE.—

2 ‘‘(1) REGULATIONS GOVERNING ELECTRONIC SYS3 TEMS.—Except as provided in paragraph (2), the

4 Secretary may promulgate regulations governing 1 or

5 more electronic systems under which electronic re6 ceipts may be issued and transferred and other elec7 tronic documents relating to the shipment, payment,

8 and financing of the sale of agricultural products

9 may be issued or transferred.

10 ‘‘(2) LIMITATIONS.—The Secretary shall not have

11 the authority under this Act to establish—

12 ‘‘(A) 1 or more central filing systems for the

13 filing of financing statements or the filing of the

14 notice of financing statements; or

15 ‘‘(B) rules to determine security interests of

16 persons affected by this Act.

17 ‘‘(i) EXAMINATION AND AUDITS.—In addition to the

18 authority provided under subsection (l), on request of the

19 person, State agency, or commodity exchange, the Secretary

20 may conduct an examination, audit, or similar activity

21 with respect to—

22 ‘‘(1) any person that is engaged in the business

23 of storing an agricultural product that is subject to

24 this Act;
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1 ‘‘(2) any State agency that regulates the storage

2 of an agricultural product by such a person; or

3 ‘‘(3) any commodity exchange with regulatory

4 authority over the storage of agricultural products

5 that are subject to this Act.

6 ‘‘(j) LICENSES FOR OPERATION OF WAREHOUSES.—

7 The Secretary may issue to any warehouse operator a li8 cense for the operation of a warehouse in accordance with

9 this Act if—

10 ‘‘(1) the Secretary determines that the warehouse

11 is suitable for the proper storage of the agricultural

12 product or products stored or proposed for storage in

13 the warehouse; and

14 ‘‘(2) the warehouse operator agrees, as a condi15 tion of the license, to comply with this Act (including

16 regulations promulgated under this Act).

17 ‘‘(k) LICENSING OF OTHER PERSONS.—

18 ‘‘(1) IN GENERAL.—On presentation of satisfac19 tory proof of competency to carry out the activities

20 described in this paragraph, the Secretary may issue

21 to any person a Federal license—

22 ‘‘(A) to inspect any agricultural product

23 stored or handled in a warehouse subject to this

24 Act;
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1 ‘‘(B) to sample such an agricultural prod2 uct;

3 ‘‘(C) to classify such an agricultural prod4 uct according to condition, grade, or other class

5 and certify the condition, grade, or other class of

6 the agricultural product; or

7 ‘‘(D) to weigh such an agricultural product

8 and certify the weight of the agricultural prod9 uct.

10 ‘‘(2) CONDITION.—As a condition of a license

11 issued under paragraph (1), the licensee shall agree to

12 comply with this Act (including regulations promul13 gated under this Act).

14 ‘‘(l) EXAMINATION OF BOOKS, RECORDS, PAPERS, AND

15 ACCOUNTS.—The Secretary may examine and audit, using

16 designated officers, employees, or agents of the Department,

17 all books, records, papers, and accounts relating to activities

18 subject to this Act of—

19 ‘‘(1) a warehouse operator operating a warehouse

20 licensed under this Act;

21 ‘‘(2) a person operating a system for the elec22 tronic recording and transfer of receipts and other

23 documents authorized by the Secretary; or
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1 ‘‘(3) any other person issuing receipts or elec2 tronic documents authorized by the Secretary under

3 this Act.

4 ‘‘(m) COOPERATION WITH STATES.—The Secretary

5 may—

6 ‘‘(1) cooperate with officers and employees of a

7 State who administer or enforce State laws relating

8 to warehouses, warehouse operators, weighers, graders,

9 inspectors, samplers, or classifiers; and

10 ‘‘(2) enter into cooperative agreements with

11 States to perform activities authorized under this Act.

12 ‘‘SEC. 4. IMPOSITION AND COLLECTION OF FEES.

13 ‘‘(a) IN GENERAL.—The Secretary shall assess persons

14 covered by this Act fees to cover the costs of administering

15 this Act.

16 ‘‘(b) RATES.—The fees under this section shall be set

17 at a rate determined by the Secretary.

18 ‘‘(c) TREATMENT OF FEES.—All fees collected under

19 this section shall be credited to the account that incurs the

20 costs of administering this Act and shall be available to the

21 Secretary without further appropriation and without fiscal

22 year limitation.

23 ‘‘(d) INTEREST.—Funds collected under this section

24 may be deposited in an interest-bearing account with a fi-
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1 nancial institution, and any interest earned on the account

2 shall be credited under subsection (c).

3 ‘‘(e) EFFICIENCIES AND COST EFFECTIVENESS.—

4 ‘‘(1) IN GENERAL.—The Secretary shall seek to

5 minimize the fees established under this section by

6 improving efficiencies and reducing costs, including

7 the efficient use of personnel to the extent practicable

8 and consistent with the effective implementation of

9 this Act.

10 ‘‘(2) REPORT.—The Secretary shall publish an

11 annual report on the actions taken by the Secretary

12 to comply with paragraph (1).

13 ‘‘SEC. 5. QUALITY AND VALUE STANDARDS.

14 ‘‘If standards for the evaluation or determination of

15 the quality or value of an agricultural product are not es16 tablished under another Federal law, the Secretary may es17 tablish standards for the evaluation or determination of the

18 quality or value of the agricultural product under this Act.

19 ‘‘SEC. 6. BONDING AND OTHER FINANCIAL ASSURANCE RE20 QUIREMENTS.

21 ‘‘(a) IN GENERAL.—As a condition of receiving a li22 cense or approval under this Act (including regulations

23 promulgated under this Act), the person applying for the

24 license or approval shall execute and file with the Secretary

25 a bond, or provide such other financial assurance as the
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1 Secretary determines appropriate, to secure the person’s

2 performance of the activities so licensed or approved.

3 ‘‘(b) SERVICE OF PROCESS.—To qualify as a suitable

4 bond or other financial assurance under subsection (a), the

5 surety, sureties, or financial institution shall be subject to

6 service of process in suits on the bond or other financial

7 assurance in the State, district, or territory in which the

8 warehouse is located.

9 ‘‘(c) ADDITIONAL ASSURANCES.—If the Secretary de10 termines that a previously approved bond or other financial

11 assurance is insufficient, the Secretary may suspend or re12 voke the license or approval covered by the bond or other

13 financial assurance if the person that filed the bond or other

14 financial assurance does not provide such additional bond

15 or other financial assurance as the Secretary determines ap16 propriate.

17 ‘‘(d) THIRD PARTY ACTIONS.—Any person injured by

18 the breach of any obligation arising under this Act for

19 which a bond or other financial assurance has been obtained

20 as required by this section may sue with respect to the bond

21 or other financial assurance in a district court of the

22 United States to recover the damages that the person sus23 tained as a result of the breach.
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1 ‘‘SEC. 7. MAINTENANCE OF RECORDS.

2 ‘‘To facilitate the administration of this Act, the fol3 lowing persons shall maintain such records and make such

4 reports, as the Secretary may by regulation require:

5 ‘‘(1) A warehouse operator that is licensed under

6 this Act.

7 ‘‘(2) A person operating a system for the elec8 tronic recording and transfer of receipts and other

9 documents that are authorized under this Act.

10 ‘‘(3) Any other person engaged in the issuance of

11 electronic receipts or the transfer of documents under

12 this Act.

13 ‘‘SEC. 8. FAIR TREATMENT IN STORAGE OF AGRICULTURAL

14 PRODUCTS.

15 ‘‘(a) IN GENERAL.—Subject to the capacity of a ware16 house, a warehouse operator shall deal, in a fair and rea17 sonable manner, with persons storing, or seeking to store,

18 an agricultural product in the warehouse if the agricultural

19 product—

20 ‘‘(1) is of the kind, type, and quality customarily

21 stored or handled in the area in which the warehouse

22 is located;

23 ‘‘(2) is tendered to the warehouse operator in a

24 suitable condition for warehousing; and

25 ‘‘(3) is tendered in a manner that is consistent

26 with the ordinary and usual course of business.
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1 ‘‘(b) ALLOCATION.—Nothing in this section prohibits

2 a warehouse operator from entering into an agreement with

3 a depositor of an agricultural product to allocate available

4 storage space.

5 ‘‘SEC. 9. COMMINGLING OF AGRICULTURAL PRODUCTS.

6 ‘‘(a) IN GENERAL.—A warehouse operator may com7 mingle agricultural products in a manner approved by the

8 Secretary.

9 ‘‘(b) LIABILITY.—A warehouse operator shall be sever10 ally liable to each depositor or holder for the care and rede11 livery of the share of the depositor and holder of the com12 mingled agricultural product to the same extent and under

13 the same circumstances as if the agricultural products had

14 been stored separately.

15 ‘‘SEC. 10. TRANSFER OF STORED AGRICULTURAL PROD16 UCTS.

17 ‘‘(a) IN GENERAL.—In accordance with regulations

18 promulgated under this Act, a warehouse operator may

19 transfer a stored agricultural product from 1 warehouse to

20 another warehouse for continued storage.

21 ‘‘(b) CONTINUED DUTY.—The warehouse operator from

22 which agricultural products have been transferred under

23 subsection (a) shall deliver to the rightful owner of such

24 products, on request at the original warehouse, such prod25 ucts in the quantity and of the kind, quality, and grade
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1 called for by the receipt or other evidence of storage of the

2 owner.

3 ‘‘SEC. 11. WAREHOUSE RECEIPTS.

4 ‘‘(a) IN GENERAL.—At the request of the depositor of

5 an agricultural product stored or handled in a warehouse

6 licensed under this Act, the warehouse operator shall issue

7 a receipt to the depositor as prescribed by the Secretary.

8 ‘‘(b) ACTUAL STORAGE REQUIRED.—A receipt may

9 not be issued under this section for an agricultural product

10 unless the agricultural product is actually stored in the

11 warehouse at the time of the issuance of the receipt.

12 ‘‘(c) CONTENTS.—Each receipt issued for an agricul13 tural product stored or handled in a warehouse licensed

14 under this Act shall contain such information, for each ag15 ricultural product covered by the receipt, as the Secretary

16 may require by regulation.

17 ‘‘(d) PROHIBITION ON ADDITIONAL RECEIPTS OR

18 OTHER DOCUMENTS.—

19 ‘‘(1) RECEIPTS.—While a receipt issued under

20 this Act is outstanding and uncanceled by the ware21 house operator, an additional receipt may not be

22 issued for the same agricultural product (or any por23 tion of the same agricultural product) represented by

24 the outstanding receipt, except as authorized by the

25 Secretary.
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1 ‘‘(2) OTHER DOCUMENTS.—If a document is

2 transferred under this section, no duplicate document

3 in any form may be transferred by any person with

4 respect to the same agricultural product represented

5 by the document, except as authorized by the Sec6 retary.

7 ‘‘(e) ELECTRONIC RECEIPTS AND ELECTRONIC DOCU8 MENTS.—Except as provided in section 3(h)(2), notwith9 standing any other provision of Federal or State law:

10 ‘‘(1) IN GENERAL.—The Secretary may promul11 gate regulations that authorize the issuance, record12 ing, and transfer of electronic receipts, and the trans13 fer of other electronic documents, in accordance with

14 this subsection.

15 ‘‘(2) ELECTRONIC RECEIPT OR ELECTRONIC DOC16 UMENT SYSTEMS.—Electronic receipts may be issued,

17 recorded, and transferred, and electronic documents

18 may be transferred, under this subsection with respect

19 to an agricultural product under, a system or systems

20 maintained in 1 or more locations and approved by

21 the Secretary in accordance with regulations issued

22 under this Act.

23 ‘‘(3) TREATMENT OF HOLDER.—Any person des24 ignated as the holder of an electronic receipt or other

25 electronic document issued or transferred under this
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1 Act shall, for the purpose of perfecting the security in2 terest of the person under Federal or State law and

3 for all other purposes, be considered to be in posses4 sion of the receipt or other electronic document.

5 ‘‘(4) NONDISCRIMINATION.—An electronic receipt

6 issued, or other electronic document transferred, in

7 accordance with this Act shall not be denied legal ef8 fect, validity, or enforceability on the ground that the

9 information is generated, sent, received, or stored by

10 electronic or similar means.

11 ‘‘(5) SECURITY INTERESTS.—If more than 1 se12 curity interest exists in the agricultural product that

13 is the subject of an electronic receipt or other elec14 tronic document under this Act, the priority of the se15 curity interest shall be determined by the applicable

16 Federal or State law.

17 ‘‘(6) NO ELECTRONIC RECEIPT REQUIRED.—A

18 person shall not be required to issue in electronic form

19 a receipt or document with respect to an agricultural

20 product.

21 ‘‘(7) OPTION FOR NON-FEDERALLY LICENSED

22 WAREHOUSE OPERATORS.—Notwithstanding any

23 other provision of this Act, a warehouse operator not

24 licensed under this Act may, at the option of the

25 warehouse operator and in accordance with regula-
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1 tions established by the Secretary, issue electronic re2 ceipts and transfer other electronic documents in ac3 cordance with this Act.

4 ‘‘(8) APPLICATION TO STATE-LICENSED WARE5 HOUSE OPERATORS.—This subsection shall not apply

6 to a warehouse operator that is licensed under State

7 law to store agricultural commodities in a warehouse

8 in the State if the warehouse operator elects—

9 ‘‘(A) not to issue electronic receipts author10 ized under this subsection; or

11 ‘‘(B) to issue electronic receipts authorized

12 under State law.

13 ‘‘SEC. 12. CONDITIONS FOR DELIVERY OF AGRICULTURAL

14 PRODUCTS.

15 ‘‘(a) PROMPT DELIVERY.—In the absence of a lawful

16 excuse, a warehouse operator shall, without unnecessary

17 delay, deliver the agricultural product stored or handled in

18 the warehouse on a demand made by—

19 ‘‘(1) the holder of the receipt for the agricultural

20 product; or

21 ‘‘(2) the person that deposited the product, if no

22 receipt has been issued.

23 ‘‘(b) PAYMENT TO ACCOMPANY DEMAND.—Prior to de24 livery of the agricultural product, payment of the accrued

25 charges associated with the storage of the agricultural prod-
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1 uct, including satisfaction of the warehouseman’s lien, shall

2 be made if requested by the warehouse operator.

3 ‘‘(c) SURRENDER OF RECEIPT.—When the holder of a

4 receipt requests delivery of an agricultural product covered

5 by the receipt, the holder shall surrender the receipt to the

6 warehouse operator, in the manner prescribed by the Sec7 retary, to obtain the agricultural product.

8 ‘‘(d) CANCELLATION OF RECEIPT.—A warehouse oper9 ator shall cancel each receipt returned to the warehouse op10 erator upon the delivery of the agricultural product for

11 which the receipt was issued.

12 ‘‘SEC. 13. SUSPENSION OR REVOCATION OF LICENSES.

13 ‘‘(a) IN GENERAL.—After providing notice and an op14 portunity for a hearing in accordance with this section, the

15 Secretary may suspend or revoke any license issued, or ap16 proval for an activity provided, under this Act—

17 ‘‘(1) for a material violation of, or failure to

18 comply, with any provision of this Act (including

19 regulations promulgated under this Act); or

20 ‘‘(2) on the ground that unreasonable or exorbi21 tant charges have been imposed for services rendered.

22 ‘‘(b) TEMPORARY SUSPENSION.—The Secretary may

23 temporarily suspend a license or approval for an activity

24 under this Act prior to an opportunity for a hearing for

25 any violation of, or failure to comply with, any provision
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1 of this Act (including regulations promulgated under this

2 Act).

3 ‘‘(c) AUTHORITY TO CONDUCT HEARINGS.—The agen4 cy within the Department that is responsible for admin5 istering regulations promulgated under this Act shall have

6 exclusive authority to conduct any hearing required under

7 this section.

8 ‘‘(d) JUDICIAL REVIEW.—

9 ‘‘(1) JURISDICTION.—A final administrative de10 termination issued subsequent to a hearing may be

11 reviewable only in a district court of the United

12 States.

13 ‘‘(2) PROCEDURE.—The review shall be con14 ducted in accordance with the standards set forth in

15 section 706(2) of title 5, United States Code.

16 ‘‘SEC. 14. PUBLIC INFORMATION.

17 ‘‘(a) IN GENERAL.—The Secretary may release to the

18 public the names, addresses, and locations of all persons—

19 ‘‘(1) that have been licensed under this Act or

20 that have been approved to engage in an activity

21 under this Act; and

22 ‘‘(2) with respect to which a license or approval

23 has been suspended or revoked under section 13, the

24 results of any investigation made or hearing con-
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1 ducted under this Act, including the reasons for the

2 suspension or revocation.

3 ‘‘(b) CONFIDENTIALITY.—Except as otherwise provided

4 by law, an officer, employee, or agent of the Department

5 shall not divulge confidential business information obtained

6 during a warehouse examination or other function per7 formed as part of the duties of the officer, employee, or agent

8 under this Act.

9 ‘‘SEC. 15. PENALTIES FOR NONCOMPLIANCE.

10 ‘‘If a person fails to comply with any requirement of

11 this Act (including regulations promulgated under this

12 Act), the Secretary may assess, on the record after an oppor13 tunity for a hearing, a civil penalty—

14 ‘‘(1) of not more than $25,000 per violation, if

15 an agricultural product is not involved in the viola16 tion; or

17 ‘‘(2) of not more than 100 percent of the value

18 of the agricultural product, if an agricultural product

19 is involved in the violation.

20 ‘‘SEC. 16. JURISDICTION AND ARBITRATION.

21 ‘‘(a) FEDERAL JURISDICTION.—A district court of the

22 United States shall have exclusive jurisdiction over any ac23 tion brought under this Act without regard to the amount

24 in controversy or the citizenship of the parties.
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1 ‘‘(b) ARBITRATION.—Nothing in this Act prevents the

2 enforceability of an agreement to arbitrate that would other3 wise be enforceable under chapter 1 of title 9, United States

4 Code.

5 ‘‘SEC. 17. AUTHORIZATION OF APPROPRIATIONS.

6 ‘‘There are authorized to be appropriated such sums

7 as are necessary to carry out this Act.’’.

8 SEC. 202. REGULATIONS.

9 (a) PROPOSED REGULATIONS.—Not later than 90 days

10 after the date of enactment of this Act, the Secretary of Ag11 riculture shall publish in the Federal Register proposed reg12 ulations for carrying out the amendment made by section

13 201.

14 (b) FINAL REGULATIONS.—Not later than 180 days

15 after the date of enactment of this Act, the Secretary shall

16 promulgate final regulations for carrying out the amend17 ment made by section 201.

18 (c) EFFECTIVENESS OF EXISTING ACT.—The United

19 States Warehouse Act (7 U.S.C. 241 et seq.) (as it existed

20 before the amendment made by section 201) shall be effective

21 until the earlier of—

22 (1) the date on which final regulations are pro23 mulgated under subsection (b); or

24 (2) August 1, 2001.
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1 TITLE III—MISCELLANEOUS

2 SEC. 301. ENERGY GENERATION, TRANSMISSION, AND DIS3 TRIBUTION FACILITIES EFFICIENCY GRANTS

4 AND LOANS IN RURAL COMMUNITIES WITH

5 EXTREMELY HIGH ENERGY COSTS.

6 Title I of the Rural Electrification Act of 1936 (7

7 U.S.C. 901 et seq.) is amended by adding at the end the

8 following:

9 ‘‘SEC. 19. ENERGY GENERATION, TRANSMISSION, AND DIS10 TRIBUTION FACILITIES EFFICIENCY GRANTS

11 AND LOANS IN RURAL COMMUNITIES WITH

12 EXTREMELY HIGH ENERGY COSTS.

13 ‘‘(a) IN GENERAL.—The Secretary, acting through the

14 Rural Utilities Service, may—

15 ‘‘(1) in coordination with State rural develop16 ment initiatives, make grants and loans to persons,

17 States, political subdivisions of States, and other enti18 ties organized under the laws of States to acquire,

19 construct, extend, upgrade, and otherwise improve en20 ergy generation, transmission, or distribution facili21 ties serving communities in which the average resi22 dential expenditure for home energy is at least 275

23 percent of the national average residential expendi24 ture for home energy (as determined by the Energy
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1 Information Agency using the most recent data avail2 able);

3 ‘‘(2) make grants and loans to the Denali Com4 mission established by the Denali Commission Act of

5 1998 (42 U.S.C. 3121 note; Public Law 105–277) to

6 acquire, construct, extend, upgrade, and otherwise im7 prove energy generation, transmission, or distribution

8 facilities serving communities described in paragraph

9 (1); and

10 ‘‘(3) make grants to State entities, in existence

11 as of the date of enactment of this section, to establish

12 and support a revolving fund to provide a more cost13 effective means of purchasing fuel where the fuel can14 not be shipped by means of surface transportation.

15 ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—

16 ‘‘(1) IN GENERAL.—There are authorized to be

17 appropriated to carry out this section $50,000,000 for

18 fiscal year 2001 and such sums as are necessary for

19 each subsequent fiscal year.

20 ‘‘(2) LIMITATION ON PLANNING AND ADMINISTRA21 TIVE EXPENSES.—Not more than 4 percent of the

22 amounts made available under paragraph (1) may be

23 used for planning and administrative expenses.’’.
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1 SEC. 302. CARRY FORWARD ADJUSTMENT.

2 The amendments made by section 204(b)(10)(A) of the

3 Agricultural Risk Protection Act of 2000 shall apply begin4 ning with undermarketings of the 2001 crop of burley to5 bacco and with marketings of the 2002 crop of burley to6 bacco.

7 SEC. 303. FEES AND PENALTIES FOR MEDIATION AND ARBI8 TRATION OF DISPUTES INVOLVING AGRICUL9 TURAL PRODUCTS MOVING IN FOREIGN COM10 MERCE UNDER MULTINATIONAL ENTITIES.

11 Section 203(e) of the Agricultural Marketing Act of

12 1946 (7 U.S.C. 1622(e)) is amended—

13 (1) by striking ‘‘(e) To’’ and inserting the fol14 lowing:

15 ‘‘(e) DEVELOPMENT OF NEW MARKETS.—

16 ‘‘(1) IN GENERAL.—To’’; and

17 (2) by adding at the end the following:

18 ‘‘(2) FEES AND PENALTIES.—

19 ‘‘(A) IN GENERAL.—In carrying out para20 graph (1), the Secretary may assess and collect

21 reasonable fees and late payment penalties to

22 mediate and arbitrate disputes arising between

23 parties in connection with transactions involving

24 agricultural products moving in foreign com25 merce under the jurisdiction of a multinational

26 entity.
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1 ‘‘(B) DEPOSIT.—Fees and penalties col2 lected under subparagraph (A) shall be deposited

3 into the account that incurred the cost of pro4 viding the mediation or arbitration service.

5 ‘‘(C) AVAILABILITY.—Fees and penalties

6 collected under subparagraph (A) shall be avail7 able to the Secretary without further Act of ap8 propriation and shall remain available until ex9 pended to pay the expenses of the Secretary for

10 providing mediation and arbitration services

11 under this paragraph.

12 ‘‘(D) NO REQUIREMENT FOR USE OF SERV13 ICES.—No person shall be required by the Sec14 retary to use the mediation and arbitration serv15 ices provided under this paragraph.’’.

16 SEC. 304. COMMUNITY FACILITIES GRANT PROGRAM FOR

17 RURAL COMMUNITIES WITH EXTREME UNEM18 PLOYMENT AND SEVERE ECONOMIC DEPRES19 SION.

20 (a) IN GENERAL.—Section 306(a) of the Consolidated

21 Farm and Rural Development Act (7 U.S.C. 1926(a)) is

22 amended by adding at the end the following:

23 ‘‘(20) COMMUNITY FACILITIES GRANT PROGRAM

24 FOR RURAL COMMUNITIES WITH EXTREME UNEMPLOY25 MENT AND SEVERE ECONOMIC DEPRESSION.—
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1 ‘‘(A) DEFINITION OF NOT EMPLOYED

2 RATE.—In this paragraph, the term ‘not em3 ployed rate’, with respect to a community, means

4 the percentage of individuals over the age of 18

5 who reside within the community and who are

6 ready, willing, and able to be employed but are

7 unable to find employment, as determined by the

8 department of labor of the State in which the

9 community is located.

10 ‘‘(B) GRANT AUTHORITY.—The Secretary

11 may make grants to associations, units of gen12 eral local government, nonprofit corporations,

13 and Indian tribes (as defined in section 4 of the

14 Indian Self-Determination and Education As15 sistance Act (25 U.S.C. 450b)) in a State to pro16 vide the Federal share of the cost of developing

17 specific essential community facilities in rural

18 communities with respect to which the not em19 ployed rate is greater than the lesser of—

20 ‘‘(i) 500 percent of the average na21 tional unemployment rate on the date of en22 actment of this paragraph, as determined

23 by the Bureau of Labor Statistics; or

24 ‘‘(ii) 200 percent of the average na25 tional unemployment rate during the Great
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1 Depression, as determined by the Bureau of

2 Labor Statistics.

3 ‘‘(C) FEDERAL SHARE.—Paragraph (19)(B)

4 shall apply to a grant made under this para5 graph.

6 ‘‘(D) AUTHORIZATION OF APPROPRIA7 TIONS.—There are authorized to be appropriated

8 to carry out this paragraph $50,000,000 for fis9 cal year 2001 and such sums as are necessary

10 for each subsequent fiscal year, of which not

11 more than 5 percent of the amount made avail12 able for a fiscal year shall be available for com13 munity planning and implementation.’’.

14 (b) CONFORMING AMENDMENT.—Section

15 381E(d)(1)(B) of the Consolidated Farm and Rural Devel16 opment Act (7 U.S.C. 2009d(d)(1)(B)) is amended by strik17 ing ‘‘section 306(a)(19)’’ and inserting ‘‘paragraph (19) or

18 (20) of section 306(a)’’.

19 SEC. 305. COMMUNITY FACILITIES GRANT PROGRAM FOR

20 RURAL COMMUNITIES WITH HIGH LEVELS OF

21 OUT-MIGRATION OR LOSS OF POPULATION.

22 (a) IN GENERAL.—Section 306(a) of the Consolidated

23 Farm and Rural Development Act (7 U.S.C. 1926(a)) (as

24 amended by section 304(a)) is amended by adding at the

25 end the following:
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1 ‘‘(21) COMMUNITY FACILITIES GRANT PROGRAM

2 FOR RURAL COMMUNITIES WITH HIGH LEVELS OF

3 OUT-MIGRATION OR LOSS OF POPULATION.—

4 ‘‘(A) GRANT AUTHORITY.—The Secretary

5 may make grants to associations, units of gen6 eral local government, nonprofit corporations,

7 and Indian tribes (as defined in section 4 of the

8 Indian Self-Determination and Education As9 sistance Act (25 U.S.C. 450b)) in a State to pro10 vide the Federal share of the cost of developing

11 specific essential community facilities in any ge12 ographic area—

13 ‘‘(i) that is represented by—

14 ‘‘(I) any political subdivision of a

15 State;

16 ‘‘(II) an Indian tribe on a Fed17 eral or State reservation; or

18 ‘‘(III) other federally recognized

19 Indian tribal group;

20 ‘‘(ii) that is located in a rural area (as

21 defined in section 381A);

22 ‘‘(iii) with respect to which, during the

23 most recent 5-year period, the net out-mi24 gration of inhabitants, or other population
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1 loss, from the area equals or exceeds 5 per2 cent of the population of the area; and

3 ‘‘(iv) that has a median household in4 come that is less than the nonmetropolitan

5 median household income of the United

6 States.

7 ‘‘(B) FEDERAL SHARE.—Paragraph (19)(B)

8 shall apply to a grant made under this para9 graph.

10 ‘‘(C) AUTHORIZATION OF APPROPRIA11 TIONS.—There are authorized to be appropriated

12 to carry out this paragraph $50,000,000 for fis13 cal year 2001 and such sums as are necessary

14 for each subsequent fiscal year, of which not

15 more than 5 percent of the amount made avail16 able for a fiscal year shall be available for com17 munity planning and implementation.’’.

18 (b) CONFORMING AMENDMENT.—Section

19 381E(d)(1)(B) of the Consolidated Farm and Rural Devel20 opment Act (7 U.S.C. 2009d(d)(1)(B)) (as amended by sec21 tion 304(b)) is amended by striking ‘‘paragraph (19) or

22 (20)’’ and inserting ‘‘paragraph (19), (20), or (21)’’.
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1 SEC. 306. STATE AGRICULTURAL MEDIATION PROGRAMS.

2 (a) ELIGIBLE PERSON; MEDIATION SERVICES.—Sec3 tion 501 of the Agricultural Credit Act of 1987 (7 U.S.C.

4 5101) is amended—

5 (1) in subsection (c), by striking paragraphs (1)

6 and (2) and inserting the following:

7 ‘‘(1) ISSUES COVERED.—

8 ‘‘(A) IN GENERAL.—To be certified as a

9 qualifying State, the mediation program of the

10 State must provide mediation services to persons

11 described in paragraph (2) that are involved in

12 agricultural loans (regardless of whether the

13 loans are made or guaranteed by the Secretary

14 or made by a third party).

15 ‘‘(B) OTHER ISSUES.—The mediation pro16 gram of a qualifying State may provide medi17 ation services to persons described in paragraph

18 (2) that are involved in 1 or more of the fol19 lowing issues under the jurisdiction of the De20 partment of Agriculture:

21 ‘‘(i) Wetlands determinations.

22 ‘‘(ii) Compliance with farm programs,

23 including conservation programs.

24 ‘‘(iii) Agricultural credit.

25 ‘‘(iv) Rural water loan programs.
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1 ‘‘(v) Grazing on National Forest Sys2 tem land.

3 ‘‘(vi) Pesticides.

4 ‘‘(vii) Such other issues as the Sec5 retary considers appropriate.

6 ‘‘(2) PERSONS ELIGIBLE FOR MEDIATION.—

7 ‘‘(A) IN GENERAL.—Subject to subpara8 graph (B), the persons referred to in paragraph

9 (1) include—

10 ‘‘(i) agricultural producers;

11 ‘‘(ii) creditors of producers (as appli12 cable); and

13 ‘‘(iii) persons directly affected by ac14 tions of the Department of Agriculture.

15 ‘‘(B) VOLUNTARY PARTICIPATION.—

16 ‘‘(i) IN GENERAL.—Subject to clause

17 (ii) and section 503, a person may not be

18 compelled to participate in mediation serv19 ices provided under this Act.

20 ‘‘(ii) STATE LAWS.—Clause (i) shall

21 not affect a State law requiring mediation

22 before foreclosure on agricultural land or

23 property.’’; and

24 (2) by adding at the end the following:
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1 ‘‘(d) DEFINITION OF MEDIATION SERVICES.—In this

2 section, the term ‘mediation services’, with respect to medi3 ation or a request for mediation, may include all activities

4 related to—

5 ‘‘(1) the intake and scheduling of cases;

6 ‘‘(2) the provision of background and selected in7 formation regarding the mediation process;

8 ‘‘(3) financial advisory and counseling services

9 (as appropriate) performed by a person other than a

10 State mediation program mediator; and

11 ‘‘(4) the mediation session.’’.

12 (b) USE OF MEDIATION GRANTS.—Section 502(c) of

13 the Agricultural Credit Act of 1987 (7 U.S.C. 5102(c)) is

14 amended—

15 (1) by striking ‘‘Each’’ and inserting the fol16 lowing:

17 ‘‘(1) IN GENERAL.—Each’’; and

18 (2) by adding at the end the following:

19 ‘‘(2) OPERATION AND ADMINISTRATION EX20 PENSES.—For purposes of paragraph (1), operation

21 and administration expenses for which a grant may

22 be used include—

23 ‘‘(A) salaries;

24 ‘‘(B) reasonable fees and costs of mediators;
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1 ‘‘(C) office rent and expenses, such as utili2 ties and equipment rental;

3 ‘‘(D) office supplies;

4 ‘‘(E) administrative costs, such as workers’

5 compensation, liability insurance, the employer’s

6 share of Social Security, and necessary travel;

7 ‘‘(F) education and training;

8 ‘‘(G) security systems necessary to ensure

9 the confidentiality of mediation sessions and

10 records of mediation sessions;

11 ‘‘(H) costs associated with publicity and

12 promotion of the mediation program;

13 ‘‘(I) preparation of the parties for medi14 ation; and

15 ‘‘(J) financial advisory and counseling serv16 ices for parties requesting mediation.’’.

17 (c) AUTHORIZATION OF APPROPRIATIONS.—Section

18 506 of the Agricultural Credit Act of 1987 (7 U.S.C. 5106)

19 is amended by striking ‘‘2000’’ and inserting ‘‘2005’’.

20 SEC. 307. ADJUSTMENTS TO NUTRITION PROGRAMS.

21 (a) PAYMENT OF COSTS ASSOCIATED WITH REMOVAL

22 OF COMMODITIES THAT POSE A HEALTH OR SAFETY

23 RISK.—Section 15(e) of the Commodity Distribution Re24 form Act and WIC Amendments of 1987 (7 U.S.C. 612c
40

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1 note; Public Law 100–237) is amended by striking ‘‘2000’’

2 and inserting ‘‘2003’’.

3 (b) SPECIAL SUPPLEMENTAL NUTRITION PROGRAM

4 FOR WOMEN, INFANTS, AND CHILDREN.—

5 (1) COST-OF-LIVING ALLOWANCES FOR MEMBERS

6 OF UNIFORMED SERVICES.—Section 17(d)(2)(B)(ii) of

7 the Child Nutrition Act of 1966 (42 U.S.C.

8 1786(d)(2)(B)(ii)) is amended by striking ‘‘conti9 nental’’ and inserting ‘‘contiguous States of the’’.

10 (2) DEMONSTRATION PROJECT.—Effective Octo11 ber 1, 2000, section 17(r)(1) of the Child Nutrition

12 Act of 1966 (42 U.S.C. 1786(r)(1)) is amended by

13 striking ‘‘at least 20 local agencies’’ and inserting

14 ‘‘not more than 20 local agencies’’.

15 (c) CHILD AND ADULT CARE FOOD PROGRAM.—

16 (1) TECHNICAL AMENDMENTS.—Section 17 of the

17 Richard B. Russell National School Lunch Act (42

18 U.S.C. 1766) is amended—

19 (A) by striking the section heading and all

20 that follows through ‘‘SEC. 17.’’ and inserting the

21 following:

22 ‘‘SEC. 17. CHILD AND ADULT CARE FOOD PROGRAM.’’;

23 and

24 (B) in subsection (a)(6)(C)(ii), by striking

25 ‘‘and’’ at the end.
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1 (2) EXCEPTIONS TO HEARING REQUIREMENTS.—

2 Section 17(d)(5)(D) of the Richard B. Russell Na3 tional School Lunch Act (42 U.S.C. 1766(d)(5)(D)) is

4 amended—

5 (A) by striking ‘‘(D) HEARING.—An insti6 tution’’ and inserting the following:

7 ‘‘(D) HEARING.—

8 ‘‘(i) IN GENERAL.—Except as provided

9 in clause (ii), an institution’’; and

10 (B) by adding at the end the following:

11 ‘‘(ii) EXCEPTION FOR FALSE OR

12 FRAUDULENT CLAIMS.—

13 ‘‘(I) IN GENERAL.—If a State

14 agency determines that an institution

15 has knowingly submitted a false or

16 fraudulent claim for reimbursement,

17 the State agency may suspend the par18 ticipation of the institution in the pro19 gram in accordance with this clause.

20 ‘‘(II) REQUIREMENT FOR RE21 VIEW.—Prior to any determination to

22 suspend participation of an institution

23 under subclause (I), the State agency

24 shall provide for an independent re-
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1 view of the proposed suspension in ac2 cordance with subclause (III).

3 ‘‘(III) REVIEW PROCEDURE.—The

4 review shall—

5 ‘‘(aa) be conducted by an

6 independent and impartial offi7 cial other than, and not account8 able to, any person involved in the

9 determination to suspend the in10 stitution;

11 ‘‘(bb) provide the State agen12 cy and the institution the right to

13 submit written documentation re14 lating to the suspension, including

15 State agency documentation of the

16 alleged false or fraudulent claim

17 for reimbursement and the re18 sponse of the institution to the

19 documentation;

20 ‘‘(cc) require the reviewing

21 official to determine, based on the

22 review, whether the State agency

23 has established, based on a pre24 ponderance of the evidence, that

25 the institution has knowingly sub-
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1 mitted a false or fraudulent claim

2 for reimbursement;

3 ‘‘(dd) require the suspension

4 to be in effect for not more than

5 120 calendar days after the insti6 tution has received notification of

7 a determination of suspension in

8 accordance with this clause; and

9 ‘‘(ee) require the State agen10 cy during the suspension to ensure

11 that payments continue to be

12 made to sponsored centers and

13 family and group day care homes

14 meeting the requirements of the

15 program.

16 ‘‘(IV) HEARING.—A State agency

17 shall provide an institution that has

18 been suspended from participation in

19 the program under this clause an op20 portunity for a fair hearing on the sus21 pension conducted in accordance with

22 subsection (e)(1).’’.

23 (3) STATEWIDE DEMONSTRATION PROJECTS IN24 VOLVING PRIVATE FOR-PROFIT ORGANIZATIONS PRO25 VIDING NONRESIDENTIAL DAY CARE SERVICES.—Sec-
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1 tion 17(p)(3)(C) of the Richard B. Russell National

2 School Lunch Act (42 U.S.C. 1766(p)(3)(C)) is

3 amended—

4 (A) in clause (iii), by striking ‘‘all fami5 lies’’ and inserting ‘‘all low-income families’’;

6 and

7 (B) in clause (iv), by striking ‘‘made’’ and

8 inserting ‘‘reported for fiscal year 1998’’.

9 SEC. 308. AUTHORIZATION FOR SECRETARY OF AGRI10 CULTURE TO PURCHASE AND TRANSFER

11 LAND.

12 Subject to the availability of funds appropriated to the

13 Agricultural Research Service, the Secretary of Agriculture

14 may—

15 (1) purchase a tract of land in the State of

16 South Carolina that is contiguous to land owned on

17 the date of enactment of this Act by the Department

18 of Agriculture, acting through the Coastal Plains Soil,

19 Water, and Plant Research Center of the Agricultural

20 Research Service; and

21 (2) transfer land owned by the Department of

22 Agriculture to the Florence Darlington Technical Col23 lege, South Carolina, in exchange for land owned by

24 the College.
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1 SEC. 309. EXTENSION OF TIME PERIOD FOR FILING CER2 TAIN COMPLAINTS ALLEGING PREPARATION

3 OF FALSE INSPECTION CERTIFICATES.

4 Notwithstanding section 6(a)(1) of the Perishable Agri5 cultural Commodities Act, 1930 (7 U.S.C. 499f(a)(1)), a

6 person that desires to file a complaint under section 6 of

7 that Act involving the allegation of a false inspection cer8 tificate prepared by a grader of the Department of Agri9 culture at Hunts Point Terminal Market, Bronx, New York,

10 prior to October 27, 1999, may file the complaint not later

11 than January 1, 2001.

12 SEC. 310. INTERNATIONAL FOOD RELIEF PARTNERSHIP.

13 (a) ASSISTANCE FOR STOCKPILING AND RAPID TRANS14 PORTATION, DELIVERY, AND DISTRIBUTION OF SHELF-STA15 BLE PREPACKAGED FOODS.—Title II of the Agricultural

16 Trade Development and Assistance Act of 1954 (7 U.S.C.

17 1721 et seq.) is amended by adding at the end the following:

18 ‘‘SEC. 208. ASSISTANCE FOR STOCKPILING AND RAPID

19 TRANSPORTATION, DELIVERY, AND DIS20 TRIBUTION OF SHELF-STABLE PREPACKAGED

21 FOODS.

22 ‘‘(a) IN GENERAL.—The Administrator may provide

23 grants to—

24 ‘‘(1) United States nonprofit organizations (de25 scribed in section 501(c)(3) of the Internal Revenue

26 Code of 1986 and exempt from tax under section
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1 501(a) of the Internal Revenue Code of 1986) for the

2 preparation of shelf-stable prepackaged foods requested

3 by eligible organizations and the establishment and

4 maintenance of stockpiles of the foods in the United

5 States; and

6 ‘‘(2) private voluntary organizations and inter7 national organizations for the rapid transportation,

8 delivery, and distribution of shelf-stable prepackaged

9 foods described in paragraph (1) to needy individuals

10 in foreign countries.

11 ‘‘(b) GRANTS FOR ESTABLISHMENT OF STOCKPILES.—

12 ‘‘(1) IN GENERAL.—Not more than 70 percent of

13 the amount made available to carry out this section

14 shall be used to provide grants under subsection

15 (a)(1).

16 ‘‘(2) PRIORITY.—In providing grants under sub17 section (a)(1), the Administrator shall provide a pref18 erence to a United States nonprofit organization that

19 agrees to provide—

20 ‘‘(A) non-Federal funds in an amount equal

21 to 50 percent of the amount of funds received

22 under a grant under subsection (a)(1);

23 ‘‘(B) an in-kind contribution in an amount

24 equal to that percentage; or
47

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1 ‘‘(C) a combination of such funds and an

2 in-kind contribution;

3 for the preparation of shelf-stable prepackaged foods

4 and the establishment and maintenance of stockpiles

5 of the foods in the United States in accordance with

6 subsection (a)(1).

7 ‘‘(c) GRANTS FOR RAPID TRANSPORTATION, DELIV8 ERY, AND DISTRIBUTION.—Not less than 20 percent of the

9 amount made available to carry out this section shall be

10 used to provide grants under subsection (a)(2).

11 ‘‘(d) ADMINISTRATION.—Not more than 10 percent of

12 the amount made available to carry out this section may

13 be used by the Administrator for the administration of

14 grants under subsection (a).

15 ‘‘(e) REGULATIONS OR GUIDELINES.—Not later than

16 180 days after the date of enactment of this section, the Ad17 ministrator, in consultation with the Secretary, shall issue

18 such regulations or guidelines as the Administrator deter19 mines to be necessary to carry out this section, including

20 regulations or guidelines that provide to United States non21 profit organizations eligible to receive grants under sub22 section (a)(1) guidance with respect to the requirements for

23 qualified shelf-stable prepackaged foods and the quantity of

24 the foods to be stockpiled by the organizations.
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1 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There is

2 authorized to be appropriated to the Administrator to carry

3 out this section, in addition to amounts otherwise available

4 to carry out this section, $3,000,000 for each of fiscal years

5 2001 and 2002, to remain available until expended.’’.

6 (b) PREPOSITIONING OF COMMODITIES.—Section

7 407(c) of the Agricultural Trade Development and Assist8 ance Act of 1954 (7 U.S.C. 1736a(c)) is amended by adding

9 at the end the following:

10 ‘‘(4) PREPOSITIONING.—Funds made available

11 for fiscal years 2001 and 2002 to carry out titles II

12 and III may be used by the Administrator to procure,

13 transport, and store agricultural commodities for

14 prepositioning within the United States and in for15 eign countries, except that for each such fiscal year

16 not more than $2,000,000 of such funds may be used

17 to store agricultural commodities for prepositioning

18 in foreign countries.’’.

Attest:

Secretary.
106TH CONGRESS

2D SESSION H. R. 4788

AMENDMENT
—2—3—4—5