```

[106th Congress Public Law 472]
[From the U.S. Government Printing Office]

<DOC>
[DOCID: f:publ472.106]

[[Page 2057]]

          GRAIN STANDARDS AND WAREHOUSE IMPROVEMENT ACT OF 2000

[[Page 114 STAT. 2058]]

Public Law 106-472
106th Congress

                                 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, <<NOTE: Nov. 9, 2000 -  [H.R. 4788]>>  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 <<NOTE: Grain Standards and Warehouse Improvement Act of 
2000.>>  of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) <<NOTE: 7 USC 71 note.>>  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.

[[Page 114 STAT. 2059]]

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--

[[Page 114 STAT. 2060]]

                    ``(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) <<NOTE: 7 USC 79.>>  by striking ``(a)''; and
            (2) <<NOTE: 7 USC 79 note.>>  by striking subsection (b).

[[Page 114 STAT. 2061]]

    (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. <<NOTE: 7 USC 79 note.>> 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. <<NOTE: 7 USC 241 note.>> SHORT TITLE.

    ``This Act may be cited as the `United States Warehouse Act'.

``SEC. 2. <<NOTE: 7 USC 241.>> 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

[[Page 114 STAT. 2062]]

        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. <<NOTE: 7 USC 242.>> 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

[[Page 114 STAT. 2063]]

                    ``(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.

[[Page 114 STAT. 2064]]

``SEC. 4. <<NOTE: 7 USC 243.>> 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. <<NOTE: 7 USC 244.>> 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. <<NOTE: 7 USC 245.>> 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.

[[Page 114 STAT. 2065]]

``SEC. 7. <<NOTE: 7 USC 246.>> 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. <<NOTE: 7 USC 247.>> 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. <<NOTE: 7 USC 248.>> 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. <<NOTE: 7 USC 249.>> 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. <<NOTE: 7 USC 250.>> 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

[[Page 114 STAT. 2066]]

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

[[Page 114 STAT. 2067]]

        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. <<NOTE: 7 USC 251.>> 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. <<NOTE: 7 USC 252.>> 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.

[[Page 114 STAT. 2068]]

``SEC. 14. <<NOTE: 7 USC 253.>> 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. <<NOTE: 7 USC 254.>> 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. <<NOTE: 7 USC 255.>> 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. <<NOTE: 7 USC 256.>> AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated such sums as are necessary 
to carry out this Act.''.

SEC. 202. <<NOTE: 7 USC 241 note.>> REGULATIONS.

    (a) Proposed Regulations.--Not <<NOTE: Deadline. Federal Register, 
publication.>> 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 <<NOTE: Deadline.>> 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.

[[Page 114 STAT. 2069]]

                        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. <<NOTE: 7 USC 918a.>> 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. <<NOTE: 7 USC 1314e note.>> 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.--

[[Page 114 STAT. 2070]]

            ``(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.

[[Page 114 STAT. 2071]]

                    ``(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)''.

[[Page 114 STAT. 2072]]

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:

[[Page 114 STAT. 2073]]

            ``(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.--

[[Page 114 STAT. 2074]]

                          ``(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 <<NOTE: Deadline.>> suspensio
                                        n 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

[[Page 114 STAT. 2075]]

                    (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. <<NOTE: 7 USC 1726b.>> 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--

[[Page 114 STAT. 2076]]

                    ``(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 <<NOTE: Deadline.>> 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) <<NOTE: 7 USC 181 note. Deadline.>>  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:

[[Page 114 STAT. 2077]]

Actions Needed to Improve Investigations of Competitive Practices'', 
GAO/RCED-00-242, dated September 21, 2000.

    (b) <<NOTE: 7 USC 181 note.>>  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 <<NOTE: Deadline. 7 USC 181 note.>> 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 <<NOTE: Deadline. 7 USC 181 
note.>> 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. <<NOTE: 7 USC 228d.>> ANNUAL ASSESSMENT OF CATTLE AND HOG 
            INDUSTRIES.

    ``Not later than <<NOTE: Deadline.>> 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. <<NOTE: 16 USC 1012.>> 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

[[Page 114 STAT. 2078]]

        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

[[Page 114 STAT. 2079]]

        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.

[[Page 114 STAT. 2080]]

    ``(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 <<NOTE: Deadline.>> 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.

[[Page 114 STAT. 2081]]

            (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

[[Page 114 STAT. 2082]]

pork checkoff referendum ordered by the Secretary on February 25, 2000.

    Approved November 9, 2000.

LEGISLATIVE HISTORY--H.R. 4788 (S. 3001):
---------------------------------------------------------------------------

SENATE REPORTS: No. 106-391 accompanying S. 3001 (Comm. on Agriculture, 
Nutrition, and Forestry).
CONGRESSIONAL RECORD, Vol. 146 (2000):
            Oct. 10, considered and passed House.
            Oct. 12, considered and passed Senate, amended.
            Oct. 17, House concurred in Senate amendment with an 
                amendment.
            Oct. 24, Senate concurred in House amendment.

                                  <all>
```