In the Senate of the United States,
October 12 (legislative day, September 22), 2000.
Resolved, That the bill from the House of Representa-
tives (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 administra-
tion 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 re-
ceipts, including electronic receipts, for agricultural products
stored or handled in licensed warehouses, and for other pur-
poses.’’, do pass with the following
AMENDMENT:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Grain Standards and Warehouse Improvement Act of
2000’’.
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(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 en-
ergy 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 multi-
national entities.
Sec. 304. Community facilities grant program for rural communities with ex-
treme 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 prepara-
tion 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
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basis’’ and all that follows through ‘‘from the United
States)’’.
SEC. 102. GEOGRAPHIC BOUNDARIES FOR OFFICIAL AGEN-
CIES.
(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 fol-
lowing:
‘‘(2) GEOGRAPHIC
BOUNDARIES
FOR
OFFICIAL
AGENCIES.—Not more than 1 official agency des-
ignated under paragraph (1) or State delegated au-
thority under subsection (e)(2) to carry out the in-
spection 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 1 designated official
agency in the same geographic area will not under-
mine the policy stated in section 2, the Secretary
may—
‘‘(A) allow more than 1 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
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another geographic area if the Secretary also de-
termines 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 fol-
lowing:
‘‘(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 1 designated official agen-
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cy referred to in paragraph (1) or State agency dele-
gated authority pursuant to subsection (c)(2) to carry
out the weighing provisions of this Act shall be opera-
tive at the same time in any geographic area defined
by the Secretary, except that, if the Secretary deter-
mines that the presence of more than 1 designated of-
ficial agency in the same geographic area will not un-
dermine the policy stated in section 2, the Secretary
may—
‘‘(A) allow more than 1 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 Sec-
retary 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
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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 strik-
ing ‘‘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 SUPER-
VISORY 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’’.
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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 ‘‘inspec-
tion, 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 pro-
hibit 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 insert-
ing ‘‘2005’’.
SEC. 109. ADVISORY COMMITTEE.
Section 21(e) of the United States Grain Standards
Act (7 U.S.C. 87j(e)) is amended by striking ‘‘2000’’ and
inserting ‘‘2005’’.
SEC. 110. CONFORMING AMENDMENTS.
(a) Section 8 of the United States Grain Standards
Act of 1976 (7 U.S.C. 79 note; Public Law 94–582) is
amended—
(1) by striking ‘‘(a)’’; and
(2) by striking subsection (b).
(b) Sections 23, 24, and 25 of the United States Grain
Standards Act of 1976 (7 U.S.C. 87e–1, 7 U.S.C. 76 note;
Public Law 94–582) are repealed.
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(c) Section 27 of the United States Grain Standards
Act of 1976 (7 U.S.C. 74 note; Public Law 94–582) is
amended by striking ‘‘; and thereafter’’ and all that follows
and inserting a period.
SEC. 111. SPECIAL EFFECTIVE DATE FOR CERTAIN EXPIRED
PROVISIONS.
The amendments made by sections 103, 105, 108, and
109 shall take effect as if enacted on September 30, 2000.
TITLE II—WAREHOUSES
SEC. 201. STORAGE OF AGRICULTURAL PRODUCTS IN WARE-
HOUSES.
The United States Warehouse Act (7 U.S.C. 241 et
seq.) is amended to read as follows:
‘‘SECTION 1. SHORT TITLE.
‘‘This Act may be cited as the ‘United States Ware-
house Act’.
‘‘SEC. 2. DEFINITIONS.
‘‘In this Act:
‘‘(1) AGRICULTURAL PRODUCT.—The term ‘agri-
cultural 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 en-
gage in an activity authorized by this Act.
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‘‘(3) DEPARTMENT.—The term ‘Department’
means the Department of Agriculture.
‘‘(4) ELECTRONIC DOCUMENT.—The term ‘elec-
tronic document’ means a document that is generated,
sent, received, or stored by electronic, optical, or simi-
lar means, including electronic data interchange, elec-
tronic mail, telegram, telex, or telecopy.
‘‘(5) ELECTRONIC
RECEIPT.—The term ‘elec-
tronic 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 per-
son 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.
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‘‘(10) 
WAREHOUSE.—The 
term 
‘warehouse’
means a structure or other approved storage facility,
as determined by the Secretary, in which any agricul-
tural product may be stored or handled for the pur-
poses of interstate or foreign commerce.
‘‘(11) WAREHOUSE OPERATOR.—The term ‘ware-
house operator’ means a person that is lawfully en-
gaged in the business of storing or handling agricul-
tural products.
‘‘SEC. 3. POWERS OF SECRETARY.
‘‘(a) IN GENERAL.—The Secretary shall have exclusive
power, jurisdiction, and authority, to the extent that this
Act applies, with respect to—
‘‘(1) each warehouse operator licensed under this
Act;
‘‘(2) each person that has obtained an approval
to engage in an activity under this Act; and
‘‘(3) each person claiming an interest in an ag-
ricultural product by means of a document or receipt
subject to this Act.
‘‘(b) COVERED AGRICULTURAL PRODUCTS.—The Sec-
retary shall specify, after an opportunity for notice and
comment, those agricultural products for which a warehouse
license may be issued under this Act.
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‘‘(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 prod-
ucts 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 owner-
ship, location, surroundings, capacity, conditions, and
other qualities of the warehouse and as to the kinds of li-
censes 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 opera-
tor’s care of and responsibility for agricultural products
stored or handled by the warehouse operator.
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‘‘(h) SYSTEMS FOR ELECTRONIC CONVEYANCE.—
‘‘(1) REGULATIONS GOVERNING ELECTRONIC SYS-
TEMS.—Except as provided in paragraph (2), the
Secretary may promulgate regulations governing 1 or
more electronic systems under which electronic re-
ceipts may be issued and transferred and other elec-
tronic documents relating to the shipment, payment,
and financing of the sale of agricultural products
may be issued or transferred.
‘‘(2) LIMITATIONS.—The Secretary shall not have
the authority under this Act to establish—
‘‘(A) 1 or more central filing systems for the
filing of financing statements or the filing of the
notice of financing statements; or
‘‘(B) rules to determine security interests of
persons affected by this Act.
‘‘(i) EXAMINATION AND AUDITS.—In addition to the
authority provided under subsection (l), on request of the
person, State agency, or commodity exchange, the Secretary
may conduct an examination, audit, or similar activity
with respect to—
‘‘(1) any person that is engaged in the business
of storing an agricultural product that is subject to
this Act;
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‘‘(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 li-
cense 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 condi-
tion 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 satisfac-
tory 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;
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‘‘(B) to sample such an agricultural prod-
uct;
‘‘(C) to classify such an agricultural prod-
uct 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 prod-
uct.
‘‘(2) CONDITION.—As a condition of a license
issued under paragraph (1), the licensee shall agree to
comply with this Act (including regulations promul-
gated 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 elec-
tronic recording and transfer of receipts and other
documents authorized by the Secretary; or
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‘‘(3) any other person issuing receipts or elec-
tronic documents authorized by the Secretary under
this Act.
‘‘(m) COOPERATION WITH STATES.—The Secretary
may—
‘‘(1) cooperate with officers and employees of a
State who administer or enforce State laws relating
to warehouses, warehouse operators, weighers, graders,
inspectors, samplers, or classifiers; and
‘‘(2) enter into cooperative agreements with
States to perform activities authorized under this Act.
‘‘SEC. 4. IMPOSITION AND COLLECTION OF FEES.
‘‘(a) IN GENERAL.—The Secretary shall assess persons
covered by this Act fees to cover the costs of administering
this Act.
‘‘(b) RATES.—The fees under this section shall be set
at a rate determined by the Secretary.
‘‘(c) TREATMENT OF FEES.—All fees collected under
this section shall be credited to the account that incurs the
costs of administering this Act and shall be available to the
Secretary without further appropriation and without fiscal
year limitation.
‘‘(d) INTEREST.—Funds collected under this section
may be deposited in an interest-bearing account with a fi-
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nancial institution, and any interest earned on the account
shall be credited under subsection (c).
‘‘(e) EFFICIENCIES AND COST EFFECTIVENESS.—
‘‘(1) IN GENERAL.—The Secretary shall seek to
minimize the fees established under this section by
improving efficiencies and reducing costs, including
the efficient use of personnel to the extent practicable
and consistent with the effective implementation of
this Act.
‘‘(2) REPORT.—The Secretary shall publish an
annual report on the actions taken by the Secretary
to comply with paragraph (1).
‘‘SEC. 5. QUALITY AND VALUE STANDARDS.
‘‘If standards for the evaluation or determination of
the quality or value of an agricultural product are not es-
tablished under another Federal law, the Secretary may es-
tablish standards for the evaluation or determination of the
quality or value of the agricultural product under this Act.
‘‘SEC. 6. BONDING AND OTHER FINANCIAL ASSURANCE RE-
QUIREMENTS.
‘‘(a) IN GENERAL.—As a condition of receiving a li-
cense 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
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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 de-
termines that a previously approved bond or other financial
assurance is insufficient, the Secretary may suspend or re-
voke 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 ap-
propriate.
‘‘(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 sus-
tained as a result of the breach.
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‘‘SEC. 7. MAINTENANCE OF RECORDS.
‘‘To facilitate the administration of this Act, the fol-
lowing 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 elec-
tronic recording and transfer of receipts and other
documents that are authorized under this Act.
‘‘(3) Any other person engaged in the issuance of
electronic receipts or the transfer of documents under
this Act.
‘‘SEC. 8. FAIR TREATMENT IN STORAGE OF AGRICULTURAL
PRODUCTS.
‘‘(a) IN GENERAL.—Subject to the capacity of a ware-
house, a warehouse operator shall deal, in a fair and rea-
sonable 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.
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‘‘(b) ALLOCATION.—Nothing in this section prohibits
a warehouse operator from entering into an agreement with
a depositor of an agricultural product to allocate available
storage space.
‘‘SEC. 9. COMMINGLING OF AGRICULTURAL PRODUCTS.
‘‘(a) IN GENERAL.—A warehouse operator may com-
mingle agricultural products in a manner approved by the
Secretary.
‘‘(b) LIABILITY.—A warehouse operator shall be sever-
ally liable to each depositor or holder for the care and rede-
livery of the share of the depositor and holder of the com-
mingled agricultural product to the same extent and under
the same circumstances as if the agricultural products had
been stored separately.
‘‘SEC. 10. TRANSFER OF STORED AGRICULTURAL PROD-
UCTS.
‘‘(a) IN GENERAL.—In accordance with regulations
promulgated under this Act, a warehouse operator may
transfer a stored agricultural product from 1 warehouse to
another warehouse for continued storage.
‘‘(b) CONTINUED DUTY.—The warehouse operator from
which agricultural products have been transferred under
subsection (a) shall deliver to the rightful owner of such
products, on request at the original warehouse, such prod-
ucts in the quantity and of the kind, quality, and grade
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called for by the receipt or other evidence of storage of the
owner.
‘‘SEC. 11. WAREHOUSE RECEIPTS.
‘‘(a) IN GENERAL.—At the request of the depositor of
an agricultural product stored or handled in a warehouse
licensed under this Act, the warehouse operator shall issue
a receipt to the depositor as prescribed by the Secretary.
‘‘(b) ACTUAL STORAGE REQUIRED.—A receipt may
not be issued under this section for an agricultural product
unless the agricultural product is actually stored in the
warehouse at the time of the issuance of the receipt.
‘‘(c) CONTENTS.—Each receipt issued for an agricul-
tural product stored or handled in a warehouse licensed
under this Act shall contain such information, for each ag-
ricultural 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 ware-
house operator, an additional receipt may not be
issued for the same agricultural product (or any por-
tion of the same agricultural product) represented by
the outstanding receipt, except as authorized by the
Secretary.
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‘‘(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 Sec-
retary.
‘‘(e) ELECTRONIC RECEIPTS AND ELECTRONIC DOCU-
MENTS.—Except as provided in section 3(h)(2), notwith-
standing any other provision of Federal or State law:
‘‘(1) IN GENERAL.—The Secretary may promul-
gate regulations that authorize the issuance, record-
ing, and transfer of electronic receipts, and the trans-
fer of other electronic documents, in accordance with
this subsection.
‘‘(2) ELECTRONIC RECEIPT OR ELECTRONIC DOC-
UMENT SYSTEMS.—Electronic receipts may be issued,
recorded, and transferred, and electronic documents
may be transferred, under this subsection with respect
to an agricultural product under, a system or systems
maintained in 1 or more locations and approved by
the Secretary in accordance with regulations issued
under this Act.
‘‘(3) TREATMENT OF HOLDER.—Any person des-
ignated as the holder of an electronic receipt or other
electronic document issued or transferred under this
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Act shall, for the purpose of perfecting the security in-
terest of the person under Federal or State law and
for all other purposes, be considered to be in posses-
sion 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 ef-
fect, validity, or enforceability on the ground that the
information is generated, sent, received, or stored by
electronic or similar means.
‘‘(5) SECURITY INTERESTS.—If more than 1 se-
curity interest exists in the agricultural product that
is the subject of an electronic receipt or other elec-
tronic document under this Act, the priority of the se-
curity 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 regula-
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tions established by the Secretary, issue electronic re-
ceipts and transfer other electronic documents in ac-
cordance with this Act.
‘‘(8) APPLICATION
TO
STATE-LICENSED
WARE-
HOUSE OPERATORS.—This subsection shall not apply
to a warehouse operator that is licensed under State
law to store agricultural commodities in a warehouse
in the State if the warehouse operator elects—
‘‘(A) not to issue electronic receipts author-
ized under this subsection; or
‘‘(B) to issue electronic receipts authorized
under State law.
‘‘SEC. 12. CONDITIONS FOR DELIVERY OF AGRICULTURAL
PRODUCTS.
‘‘(a) PROMPT DELIVERY.—In the absence of a lawful
excuse, a warehouse operator shall, without unnecessary
delay, deliver the agricultural product stored or handled in
the warehouse on a demand made by—
‘‘(1) the holder of the receipt for the agricultural
product; or
‘‘(2) the person that deposited the product, if no
receipt has been issued.
‘‘(b) PAYMENT TO ACCOMPANY DEMAND.—Prior to de-
livery of the agricultural product, payment of the accrued
charges associated with the storage of the agricultural prod-
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uct, 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 Sec-
retary, to obtain the agricultural product.
‘‘(d) CANCELLATION OF RECEIPT.—A warehouse oper-
ator shall cancel each receipt returned to the warehouse op-
erator upon the delivery of the agricultural product for
which the receipt was issued.
‘‘SEC. 13. SUSPENSION OR REVOCATION OF LICENSES.
‘‘(a) IN GENERAL.—After providing notice and an op-
portunity for a hearing in accordance with this section, the
Secretary may suspend or revoke any license issued, or ap-
proval 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 exorbi-
tant 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
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of this Act (including regulations promulgated under this
Act).
‘‘(c) AUTHORITY TO CONDUCT HEARINGS.—The agen-
cy within the Department that is responsible for admin-
istering 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 de-
termination issued subsequent to a hearing may be
reviewable only in a district court of the United
States.
‘‘(2) PROCEDURE.—The review shall be con-
ducted in accordance with the standards set forth in
section 706(2) of title 5, United States Code.
‘‘SEC. 14. PUBLIC INFORMATION.
‘‘(a) IN GENERAL.—The Secretary may release to the
public the names, addresses, and locations of all persons—
‘‘(1) that have been licensed under this Act or
that have been approved to engage in an activity
under this Act; and
‘‘(2) with respect to which a license or approval
has been suspended or revoked under section 13, the
results of any investigation made or hearing con-
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ducted 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 per-
formed as part of the duties of the officer, employee, or agent
under this Act.
‘‘SEC. 15. PENALTIES FOR NONCOMPLIANCE.
‘‘If a person fails to comply with any requirement of
this Act (including regulations promulgated under this
Act), the Secretary may assess, on the record after an oppor-
tunity for a hearing, a civil penalty—
‘‘(1) of not more than $25,000 per violation, if
an agricultural product is not involved in the viola-
tion; or
‘‘(2) of not more than 100 percent of the value
of the agricultural product, if an agricultural product
is involved in the violation.
‘‘SEC. 16. JURISDICTION AND ARBITRATION.
‘‘(a) FEDERAL JURISDICTION.—A district court of the
United States shall have exclusive jurisdiction over any ac-
tion brought under this Act without regard to the amount
in controversy or the citizenship of the parties.
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‘‘(b) ARBITRATION.—Nothing in this Act prevents the
enforceability of an agreement to arbitrate that would other-
wise be enforceable under chapter 1 of title 9, United States
Code.
‘‘SEC. 17. AUTHORIZATION OF APPROPRIATIONS.
‘‘There are authorized to be appropriated such sums
as are necessary to carry out this Act.’’.
SEC. 202. REGULATIONS.
(a) PROPOSED REGULATIONS.—Not later than 90 days
after the date of enactment of this Act, the Secretary of Ag-
riculture shall publish in the Federal Register proposed reg-
ulations for carrying out the amendment made by section
201.
(b) FINAL REGULATIONS.—Not later than 180 days
after the date of enactment of this Act, the Secretary shall
promulgate final regulations for carrying out the amend-
ment 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 pro-
mulgated under subsection (b); or
(2) August 1, 2001.
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TITLE III—MISCELLANEOUS
SEC. 301. ENERGY GENERATION, TRANSMISSION, AND DIS-
TRIBUTION FACILITIES EFFICIENCY GRANTS
AND LOANS IN RURAL COMMUNITIES WITH
EXTREMELY HIGH ENERGY COSTS.
Title I of the Rural Electrification Act of 1936 (7
U.S.C. 901 et seq.) is amended by adding at the end the
following:
‘‘SEC. 19. ENERGY GENERATION, TRANSMISSION, AND DIS-
TRIBUTION 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 develop-
ment initiatives, make grants and loans to persons,
States, political subdivisions of States, and other enti-
ties organized under the laws of States to acquire,
construct, extend, upgrade, and otherwise improve en-
ergy generation, transmission, or distribution facili-
ties serving communities in which the average resi-
dential expenditure for home energy is at least 275
percent of the national average residential expendi-
ture for home energy (as determined by the Energy
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Information Agency using the most recent data avail-
able);
‘‘(2) make grants and loans to the Denali Com-
mission 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 im-
prove 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 enactment of this section, to establish
and support a revolving fund to provide a more cost-
effective means of purchasing fuel where the fuel can-
not 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 ADMINISTRA-
TIVE EXPENSES.—Not more than 4 percent of the
amounts made available under paragraph (1) may be
used for planning and administrative expenses.’’.
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SEC. 302. CARRY FORWARD ADJUSTMENT.
The amendments made by section 204(b)(10)(A) of the
Agricultural Risk Protection Act of 2000 shall apply begin-
ning with undermarketings of the 2001 crop of burley to-
bacco and with marketings of the 2002 crop of burley to-
bacco.
SEC. 303. FEES AND PENALTIES FOR MEDIATION AND ARBI-
TRATION OF DISPUTES INVOLVING AGRICUL-
TURAL PRODUCTS MOVING IN FOREIGN COM-
MERCE 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 fol-
lowing:
‘‘(e) DEVELOPMENT OF NEW MARKETS.—
‘‘(1) IN GENERAL.—To’’; and
(2) by adding at the end the following:
‘‘(2) FEES AND PENALTIES.—
‘‘(A) IN GENERAL.—In carrying out para-
graph (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 com-
merce under the jurisdiction of a multinational
entity.
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‘‘(B) DEPOSIT.—Fees and penalties col-
lected under subparagraph (A) shall be deposited
into the account that incurred the cost of pro-
viding the mediation or arbitration service.
‘‘(C) AVAILABILITY.—Fees and penalties
collected under subparagraph (A) shall be avail-
able to the Secretary without further Act of ap-
propriation and shall remain available until ex-
pended to pay the expenses of the Secretary for
providing mediation and arbitration services
under this paragraph.
‘‘(D) NO REQUIREMENT FOR USE OF SERV-
ICES.—No person shall be required by the Sec-
retary to use the mediation and arbitration serv-
ices provided under this paragraph.’’.
SEC. 304. COMMUNITY FACILITIES GRANT PROGRAM FOR
RURAL COMMUNITIES WITH EXTREME UNEM-
PLOYMENT AND SEVERE ECONOMIC DEPRES-
SION.
(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 UNEMPLOY-
MENT AND SEVERE ECONOMIC DEPRESSION.—
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‘‘(A) 
DEFINITION
OF
NOT
EMPLOYED
RATE.—In this paragraph, the term ‘not em-
ployed 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 gen-
eral local government, nonprofit corporations,
and Indian tribes (as defined in section 4 of the
Indian Self-Determination and Education As-
sistance Act (25 U.S.C. 450b)) in a State to pro-
vide the Federal share of the cost of developing
specific essential community facilities in rural
communities with respect to which the not em-
ployed rate is greater than the lesser of—
‘‘(i) 500 percent of the average na-
tional unemployment rate on the date of en-
actment of this paragraph, as determined
by the Bureau of Labor Statistics; or
‘‘(ii) 200 percent of the average na-
tional unemployment rate during the Great
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Depression, as determined by the Bureau of
Labor Statistics.
‘‘(C) FEDERAL SHARE.—Paragraph (19)(B)
shall apply to a grant made under this para-
graph.
‘‘(D) 
AUTHORIZATION
OF
APPROPRIA-
TIONS.—There are authorized to be appropriated
to carry out this paragraph $50,000,000 for fis-
cal year 2001 and such sums as are necessary
for each subsequent fiscal year, of which not
more than 5 percent of the amount made avail-
able for a fiscal year shall be available for com-
munity planning and implementation.’’.
(b) 
CONFORMING
AMENDMENT.—Section
381E(d)(1)(B) of the Consolidated Farm and Rural Devel-
opment Act (7 U.S.C. 2009d(d)(1)(B)) is amended by strik-
ing ‘‘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:
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‘‘(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 gen-
eral local government, nonprofit corporations,
and Indian tribes (as defined in section 4 of the
Indian Self-Determination and Education As-
sistance Act (25 U.S.C. 450b)) in a State to pro-
vide the Federal share of the cost of developing
specific essential community facilities in any ge-
ographic area—
‘‘(i) that is represented by—
‘‘(I) any political subdivision of a
State;
‘‘(II) an Indian tribe on a Fed-
eral 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-mi-
gration of inhabitants, or other population
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loss, from the area equals or exceeds 5 per-
cent of the population of the area; and
‘‘(iv) that has a median household in-
come 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 para-
graph.
‘‘(C) 
AUTHORIZATION
OF
APPROPRIA-
TIONS.—There are authorized to be appropriated
to carry out this paragraph $50,000,000 for fis-
cal year 2001 and such sums as are necessary
for each subsequent fiscal year, of which not
more than 5 percent of the amount made avail-
able for a fiscal year shall be available for com-
munity planning and implementation.’’.
(b) 
CONFORMING
AMENDMENT.—Section
381E(d)(1)(B) of the Consolidated Farm and Rural Devel-
opment Act (7 U.S.C. 2009d(d)(1)(B)) (as amended by sec-
tion 304(b)) is amended by striking ‘‘paragraph (19) or
(20)’’ and inserting ‘‘paragraph (19), (20), or (21)’’.
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SEC. 306. STATE AGRICULTURAL MEDIATION PROGRAMS.
(a) ELIGIBLE PERSON; MEDIATION SERVICES.—Sec-
tion 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 pro-
gram of a qualifying State may provide medi-
ation services to persons described in paragraph
(2) that are involved in 1 or more of the fol-
lowing issues under the jurisdiction of the De-
partment of Agriculture:
‘‘(i) Wetlands determinations.
‘‘(ii) Compliance with farm programs,
including conservation programs.
‘‘(iii) Agricultural credit.
‘‘(iv) Rural water loan programs.
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‘‘(v) Grazing on National Forest Sys-
tem land.
‘‘(vi) Pesticides.
‘‘(vii) Such other issues as the Sec-
retary considers appropriate.
‘‘(2) PERSONS ELIGIBLE FOR MEDIATION.—
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), the persons referred to in paragraph
(1) include—
‘‘(i) agricultural producers;
‘‘(ii) creditors of producers (as appli-
cable); and
‘‘(iii) persons directly affected by ac-
tions 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 serv-
ices 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:
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‘‘(d) DEFINITION OF MEDIATION SERVICES.—In this
section, the term ‘mediation services’, with respect to medi-
ation 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 in-
formation 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 fol-
lowing:
‘‘(1) IN GENERAL.—Each’’; and
(2) by adding at the end the following:
‘‘(2) OPERATION
AND
ADMINISTRATION
EX-
PENSES.—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;
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‘‘(C) office rent and expenses, such as utili-
ties 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 medi-
ation; and
‘‘(J) financial advisory and counseling serv-
ices 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 Re-
form Act and WIC Amendments of 1987 (7 U.S.C. 612c
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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 ‘‘conti-
nental’’ and inserting ‘‘contiguous States of the’’.
(2) DEMONSTRATION PROJECT.—Effective Octo-
ber 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.
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(2) EXCEPTIONS TO HEARING REQUIREMENTS.—
Section 17(d)(5)(D) of the Richard B. Russell Na-
tional School Lunch Act (42 U.S.C. 1766(d)(5)(D)) is
amended—
(A) by striking ‘‘(D) HEARING.—An insti-
tution’’ and inserting the following:
‘‘(D) HEARING.—
‘‘(i) IN GENERAL.—Except as provided
in clause (ii), an institution’’; and
(B) by adding at the end the following:
‘‘(ii) 
EXCEPTION
FOR
FALSE
OR
FRAUDULENT CLAIMS.—
‘‘(I) IN
GENERAL.—If a State
agency determines that an institution
has knowingly submitted a false or
fraudulent claim for reimbursement,
the State agency may suspend the par-
ticipation of the institution in the pro-
gram in accordance with this clause.
‘‘(II) REQUIREMENT
FOR
RE-
VIEW.—Prior to any determination to
suspend participation of an institution
under subclause (I), the State agency
shall provide for an independent re-
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view of the proposed suspension in ac-
cordance with subclause (III).
‘‘(III) REVIEW PROCEDURE.—The
review shall—
‘‘(aa) be conducted by an
independent and impartial offi-
cial other than, and not account-
able to, any person involved in the
determination to suspend the in-
stitution;
‘‘(bb) provide the State agen-
cy and the institution the right to
submit written documentation re-
lating to the suspension, including
State agency documentation of the
alleged false or fraudulent claim
for reimbursement and the re-
sponse 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 pre-
ponderance of the evidence, that
the institution has knowingly sub-
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mitted a false or fraudulent claim
for reimbursement;
‘‘(dd) require the suspension
to be in effect for not more than
120 calendar days after the insti-
tution has received notification of
a determination of suspension in
accordance with this clause; and
‘‘(ee) require the State agen-
cy 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 op-
portunity for a fair hearing on the sus-
pension conducted in accordance with
subsection (e)(1).’’.
(3) STATEWIDE DEMONSTRATION PROJECTS IN-
VOLVING PRIVATE FOR-PROFIT ORGANIZATIONS PRO-
VIDING NONRESIDENTIAL DAY CARE SERVICES.—Sec-
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tion 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 fami-
lies’’ and inserting ‘‘all low-income families’’;
and
(B) in clause (iv), by striking ‘‘made’’ and
inserting ‘‘reported for fiscal year 1998’’.
SEC. 308. AUTHORIZATION FOR SECRETARY OF AGRI-
CULTURE 
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 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 Col-
lege, South Carolina, in exchange for land owned by
the College.
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SEC. 309. EXTENSION OF TIME PERIOD FOR FILING CER-
TAIN COMPLAINTS ALLEGING PREPARATION
OF FALSE INSPECTION CERTIFICATES.
Notwithstanding section 6(a)(1) of the Perishable Agri-
cultural 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 cer-
tificate prepared by a grader of the Department of Agri-
culture 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 TRANS-
PORTATION, DELIVERY, AND DISTRIBUTION OF SHELF-STA-
BLE PREPACKAGED FOODS.—Title II of the Agricultural
Trade Development and Assistance Act of 1954 (7 U.S.C.
1721 et seq.) is amended by adding at the end the following:
‘‘SEC. 208. ASSISTANCE FOR STOCKPILING AND RAPID
TRANSPORTATION, 
DELIVERY, 
AND 
DIS-
TRIBUTION OF SHELF-STABLE PREPACKAGED
FOODS.
‘‘(a) IN GENERAL.—The Administrator may provide
grants to—
‘‘(1) United States nonprofit organizations (de-
scribed in section 501(c)(3) of the Internal Revenue
Code of 1986 and exempt from tax under section
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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 inter-
national 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 sub-
section (a)(1), the Administrator shall provide a pref-
erence to a United States nonprofit organization that
agrees to provide—
‘‘(A) non-Federal funds in an amount equal
to 50 percent of the amount of funds received
under a grant under subsection (a)(1);
‘‘(B) an in-kind contribution in an amount
equal to that percentage; or
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‘‘(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, DELIV-
ERY, AND DISTRIBUTION.—Not less than 20 percent of the
amount made available to carry out this section shall be
used to provide grants under subsection (a)(2).
‘‘(d) ADMINISTRATION.—Not more than 10 percent of
the amount made available to carry out this section may
be used by the Administrator for the administration of
grants under subsection (a).
‘‘(e) REGULATIONS OR GUIDELINES.—Not later than
180 days after the date of enactment of this section, the Ad-
ministrator, in consultation with the Secretary, shall issue
such regulations or guidelines as the Administrator deter-
mines to be necessary to carry out this section, including
regulations or guidelines that provide to United States non-
profit organizations eligible to receive grants under sub-
section (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.
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‘‘(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 Assist-
ance 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 for-
eign 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.’’.
Attest:
Secretary.
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