H. R. 4788
One Hundred Sixth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday,
the twenty-fourth day of January, two thousand
An Act
To amend the United States Grain Standards Act to extend the authority of the
Secretary of Agriculture to collect fees to cover the cost of services performed
under that Act, extend the authorization of appropriations for that Act, and
improve the administration of that Act, to reenact the United States Warehouse
Act to require the licensing and inspection of warehouses used to store agricultural
products and provide for the issuance of receipts, including electronic receipts,
for agricultural products stored or handled in licensed warehouses, and for other
purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the ‘‘Grain Stand-
ards 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 ag-
ricultural products moving in foreign commerce under multinational en-
tities.
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 lev-
els of out-migration or loss of population.
Sec. 306. State agricultural mediation programs.
Sec. 307. Adjustments to nutrition programs.
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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 para-
graph (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 Sec-
retary, except that, if the Secretary determines that the pres-
ence 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 inspec-
tion 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—
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‘‘(A) allow more than one designated official agency
to carry out the weighing provisions within the same geo-
graphical 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 serv-
ices in a timely manner; or
‘‘(ii) a person requesting weighing services in that
geographic area has not been receiving official
weighing services from the current designated official
agency for that geographic area.’’.
SEC. 103. AUTHORIZATION TO COLLECT FEES.
(a) INSPECTION AND SUPERVISORY FEES.—Section 7( j)(4) of the
United States Grain Standards Act (7 U.S.C. 79( j)(4)) is amended
in the first sentence by striking ‘‘2000’’ and inserting ‘‘2005’’.
(b) WEIGHING AND SUPERVISORY FEES.—Section 7A(l)(3) of the
United States Grain Standards Act (7 U.S.C. 79a(l)(3)) is amended
in the first sentence by striking ‘‘2000’’ and inserting ‘‘2005’’.
SEC. 104. TESTING OF EQUIPMENT.
Section 7B(a) of the United States Grain Standards Act (7
U.S.C. 79b(a)) is amended in the first sentence by striking ‘‘but
at least annually and’’.
SEC. 105. LIMITATION ON ADMINISTRATIVE AND SUPERVISORY COSTS.
Section 7D of the United States Grain Standards Act (7 U.S.C.
79d) is amended—
(1) by striking ‘‘2000’’ and inserting ‘‘2005’’; and
(2) by striking ‘‘40 per centum’’ and inserting ‘‘30 percent’’.
SEC. 106. LICENSES AND AUTHORIZATIONS.
Section 8(a)(3) of the United States Grain Standards Act (7
U.S.C. 84(a)(3)) is amended by inserting ‘‘inspection, weighing,’’
after ‘‘laboratory testing,’’.
SEC. 107. GRAIN ADDITIVES.
Section 13(e)(1) of the United States Grain Standards Act (7
U.S.C. 87b(e)(1)) is amended by inserting ‘‘, or prohibit disguising
the quality of grain,’’ after ‘‘sound and pure grain’’.
SEC. 108. AUTHORIZATION OF APPROPRIATIONS.
Section 19 of the United States Grain Standards Act (7 U.S.C.
87h) is amended by striking ‘‘2000’’ and inserting ‘‘2005’’.
SEC. 109. ADVISORY COMMITTEE.
Section 21(e) of the United States Grain Standards Act (7
U.S.C. 87j(e)) is amended by striking ‘‘2000’’ and inserting ‘‘2005’’.
SEC. 110. CONFORMING AMENDMENTS.
(a) Section 8 of the United States Grain Standards Act of
1976 (7 U.S.C. 79 note; Public Law 94–582) is amended—
(1) by striking ‘‘(a)’’; and
(2) by striking subsection (b).
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(b) Sections 23, 24, and 25 of the United States Grain Standards
Act of 1976 (7 U.S.C. 87e–1; 7 U.S.C. 76 note; Public Law 94–
582) are repealed.
(c) Section 27 of the United States Grain Standards Act of
1976 (7 U.S.C. 74 note; Public Law 94–582) is amended by striking
‘‘; and thereafter’’ and all that follows and inserting a period.
SEC. 111. SPECIAL EFFECTIVE DATE FOR CERTAIN EXPIRED PROVI-
SIONS.
The amendments made by sections 103, 105, 108, and 109
shall take effect as if enacted on September 30, 2000.
TITLE II—WAREHOUSES
SEC. 201. STORAGE OF AGRICULTURAL PRODUCTS IN WAREHOUSES.
The United States Warehouse Act (7 U.S.C. 241 et seq.) is
amended to read as follows:
‘‘SECTION 1. SHORT TITLE.
‘‘This Act may be cited as the ‘United States Warehouse Act’.
‘‘SEC. 2. DEFINITIONS.
‘‘In this Act:
‘‘(1) AGRICULTURAL
PRODUCT.—The term ‘agricultural
product’ means an agricultural commodity, as determined by
the Secretary, including a processed product of an agricultural
commodity.
‘‘(2) APPROVAL.—The term ‘approval’ means the consent
provided by the Secretary for a person to engage in an activity
authorized by this Act.
‘‘(3) DEPARTMENT.—The term ‘Department’ means the
Department of Agriculture.
‘‘(4) ELECTRONIC DOCUMENT.—The term ‘electronic docu-
ment’ 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 elec-
tronic receipt.
‘‘(9) SECRETARY.—The term ‘Secretary’ means the Secretary
of Agriculture.
‘‘(10) WAREHOUSE.—The term ‘warehouse’ means a struc-
ture or other approved storage facility, as determined by the
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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 oper-
ator’ means a person that is lawfully engaged in the business
of storing or handling agricultural products.
‘‘SEC. 3. POWERS OF SECRETARY.
‘‘(a) IN GENERAL.—The Secretary shall have exclusive power,
jurisdiction, and authority, to the extent that this Act applies,
with respect to—
‘‘(1) each warehouse operator licensed under this Act;
‘‘(2) each person that has obtained an approval to engage
in an activity under this Act; and
‘‘(3) each person claiming an interest in an agricultural
product by means of a document or receipt subject to this
Act.
‘‘(b) COVERED AGRICULTURAL PRODUCTS.—The Secretary shall
specify, after an opportunity for notice and comment, those agricul-
tural 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 responsi-
bility 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 promul-
gate 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
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‘‘(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 suit-
able for the proper storage of the agricultural product or prod-
ucts 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 promul-
gated 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 para-
graph, the Secretary may issue to any person a Federal
license—
‘‘(A) to inspect any agricultural product stored or han-
dled 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 des-
ignated 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 docu-
ments 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, ware-
house operators, weighers, graders, inspectors, samplers, or
classifiers; and
‘‘(2) enter into cooperative agreements with States to per-
form activities authorized under this Act.
H. R. 4788—7
‘‘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 admin-
istering this Act and shall be available to the Secretary without
further appropriation and without fiscal year limitation.
‘‘(d) INTEREST.—Funds collected under this section may be
deposited in an interest-bearing account with a financial institution,
and any interest earned on the account shall be credited under
subsection (c).
‘‘(e) EFFICIENCIES AND COST EFFECTIVENESS.—
‘‘(1) IN GENERAL.—The Secretary shall seek to minimize
the fees established under this section by improving efficiencies
and reducing costs, including the efficient use of personnel
to the extent practicable and consistent with the effective
implementation of this Act.
‘‘(2) REPORT.—The Secretary shall publish an annual report
on the actions taken by the Secretary to comply with paragraph
(1).
‘‘SEC. 5. QUALITY AND VALUE STANDARDS.
‘‘If standards for the evaluation or determination of the quality
or value of an agricultural product are not established under
another Federal law, the Secretary may establish standards for
the evaluation or determination of the quality or value of the
agricultural product under this Act.
‘‘SEC. 6. BONDING AND OTHER FINANCIAL ASSURANCE REQUIRE-
MENTS.
‘‘(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 insuffi-
cient, 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.
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‘‘SEC. 7. MAINTENANCE OF RECORDS.
‘‘To facilitate the administration of this Act, the following per-
sons 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 author-
ized under this Act.
‘‘(3) Any other person engaged in the issuance of electronic
receipts or the transfer of documents under this Act.
‘‘SEC. 8. FAIR TREATMENT IN STORAGE OF AGRICULTURAL PRODUCTS.
‘‘(a) IN GENERAL.—Subject to the capacity of a warehouse, a
warehouse operator shall deal, in a fair and reasonable manner,
with persons storing, or seeking to store, an agricultural product
in the warehouse if the agricultural product—
‘‘(1) is of the kind, type, and quality customarily stored
or handled in the area in which the warehouse is located;
‘‘(2) is tendered to the warehouse operator in a suitable
condition for warehousing; and
‘‘(3) is tendered in a manner that is consistent with the
ordinary and usual course of business.
‘‘(b) ALLOCATION.—Nothing in this section prohibits a ware-
house operator from entering into an agreement with a depositor
of an agricultural product to allocate available storage space.
‘‘SEC. 9. COMMINGLING OF AGRICULTURAL PRODUCTS.
‘‘(a) IN GENERAL.—A warehouse operator may commingle agri-
cultural products in a manner approved by the Secretary.
‘‘(b) LIABILITY.—A warehouse operator shall be severally liable
to each depositor or holder for the care and redelivery of the
share of the depositor and holder of the commingled agricultural
product to the same extent and under the same circumstances
as if the agricultural products had been stored separately.
‘‘SEC. 10. TRANSFER OF STORED AGRICULTURAL PRODUCTS.
‘‘(a) IN GENERAL.—In accordance with regulations promulgated
under this Act, a warehouse operator may transfer a stored agricul-
tural product from one warehouse to another warehouse for contin-
ued storage.
‘‘(b) CONTINUED DUTY.—The warehouse operator from which
agricultural products have been transferred under subsection (a)
shall deliver to the rightful owner of such products, on request
at the original warehouse, such products in the quantity and of
the kind, quality, and grade called for by the receipt or other
evidence of storage of the owner.
‘‘SEC. 11. WAREHOUSE RECEIPTS.
‘‘(a) IN GENERAL.—At the request of the depositor of an agricul-
tural 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
H. R. 4788—9
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 DOCU-
MENTS.—
‘‘(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) rep-
resented 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 agricul-
tural product represented by the document, except as author-
ized 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 regula-
tions that authorize the issuance, recording, and transfer of
electronic receipts, and the transfer of other electronic docu-
ments, in accordance with this subsection.
‘‘(2) ELECTRONIC RECEIPT OR ELECTRONIC DOCUMENT SYS-
TEMS.—Electronic receipts may be issued, recorded, and trans-
ferred, 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 OPERA-
TORS.—This subsection shall not apply to a warehouse operator
H. R. 4788—10
that is licensed under State law to store agricultural commod-
ities in a warehouse in the State if the warehouse operator
elects—
‘‘(A) not to issue electronic receipts authorized under
this subsection; or
‘‘(B) to issue electronic receipts authorized under State
law.
‘‘SEC. 12. CONDITIONS FOR DELIVERY OF AGRICULTURAL PRODUCTS.
‘‘(a) PROMPT DELIVERY.—In the absence of a lawful excuse,
a warehouse operator shall, without unnecessary delay, deliver
the agricultural product stored or handled in the warehouse on
a demand made by—
‘‘(1) the holder of the receipt for the agricultural product;
or
‘‘(2) the person that deposited the product, if no receipt
has been issued.
‘‘(b) PAYMENT TO ACCOMPANY DEMAND.—Prior to delivery of
the agricultural product, payment of the accrued charges associated
with the storage of the agricultural product, including satisfaction
of the warehouseman’s lien, shall be made if requested by the
warehouse operator.
‘‘(c) SURRENDER OF RECEIPT.—When the holder of a receipt
requests delivery of an agricultural product covered by the receipt,
the holder shall surrender the receipt to the warehouse operator,
in the manner prescribed by the Secretary, to obtain the agricultural
product.
‘‘(d) CANCELLATION OF RECEIPT.—A warehouse operator shall
cancel each receipt returned to the warehouse operator upon the
delivery of the agricultural product for which the receipt was issued.
‘‘SEC. 13. SUSPENSION OR REVOCATION OF LICENSES.
‘‘(a) IN GENERAL.—After providing notice and an opportunity
for a hearing in accordance with this section, the Secretary may
suspend or revoke any license issued, or approval for an activity
provided, under this Act—
‘‘(1) for a material violation of, or failure to comply, with
any provision of this Act (including regulations promulgated
under this Act); or
‘‘(2) on the ground that unreasonable or exorbitant charges
have been imposed for services rendered.
‘‘(b) TEMPORARY SUSPENSION.—The Secretary may temporarily
suspend a license or approval for an activity under this Act prior
to an opportunity for a hearing for any violation of, or failure
to comply with, any provision of this Act (including regulations
promulgated under this Act).
‘‘(c) AUTHORITY TO CONDUCT HEARINGS.—The agency within
the Department that is responsible for administering regulations
promulgated under this Act shall have exclusive authority to con-
duct 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 accord-
ance with the standards set forth in section 706(2) of title
5, United States Code.
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‘‘SEC. 14. PUBLIC INFORMATION.
‘‘(a) IN GENERAL.—The Secretary may release to the public
the names, addresses, and locations of all persons—
‘‘(1) that have been licensed under this Act or that have
been approved to engage in an activity under this Act; and
‘‘(2) with respect to which a license or approval has been
suspended or revoked under section 13, the results of any
investigation made or hearing conducted under this Act,
including the reasons for the suspension or revocation.
‘‘(b) CONFIDENTIALITY.—Except as otherwise provided by law,
an officer, employee, or agent of the Department shall not divulge
confidential business information obtained during a warehouse
examination or other function performed as part of the duties
of the officer, employee, or agent under this Act.
‘‘SEC. 15. PENALTIES FOR NONCOMPLIANCE.
‘‘If a person fails to comply with any requirement of this Act
(including regulations promulgated under this Act), the Secretary
may assess, on the record after an opportunity for a hearing,
a civil penalty—
‘‘(1) of not more than $25,000 per violation, if an agricul-
tural product is not involved in the violation; or
‘‘(2) of not more than 100 percent of the value of the
agricultural product, if an agricultural product is involved in
the violation.
‘‘SEC. 16. JURISDICTION AND ARBITRATION.
‘‘(a) FEDERAL JURISDICTION.—A district court of the United
States shall have exclusive jurisdiction over any action brought
under this Act without regard to the amount in controversy or
the citizenship of the parties.
‘‘(b) ARBITRATION.—Nothing in this Act prevents the enforce-
ability of an agreement to arbitrate that would otherwise be enforce-
able under chapter 1 of title 9, United States Code.
‘‘SEC. 17. AUTHORIZATION OF APPROPRIATIONS.
‘‘There are authorized to be appropriated such sums as are
necessary to carry out this Act.’’.
SEC. 202. REGULATIONS.
(a) PROPOSED REGULATIONS.—Not later than 90 days after the
date of the enactment of this Act, the Secretary of Agriculture
shall publish in the Federal Register proposed regulations for car-
rying out the amendment made by section 201.
(b) FINAL REGULATIONS.—Not later than 180 days after the
date of the enactment of this Act, the Secretary shall promulgate
final regulations for carrying out the amendment made by section
201.
(c) EFFECTIVENESS OF EXISTING ACT.—The United States Ware-
house 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.
H. R. 4788—12
TITLE III—MISCELLANEOUS
SEC. 301. ENERGY GENERATION, TRANSMISSION, AND DISTRIBUTION
FACILITIES EFFICIENCY GRANTS AND LOANS IN RURAL
COMMUNITIES WITH EXTREMELY HIGH ENERGY COSTS.
Title I of the Rural Electrification Act of 1936 (7 U.S.C. 901
et seq.) is amended by adding at the end the following:
‘‘SEC. 19. ENERGY GENERATION, TRANSMISSION, AND DISTRIBUTION
FACILITIES EFFICIENCY GRANTS AND LOANS IN RURAL
COMMUNITIES WITH EXTREMELY HIGH ENERGY COSTS.
‘‘(a) IN GENERAL.—The Secretary, acting through the Rural
Utilities Service, may—
‘‘(1) in coordination with State rural development initia-
tives, make grants and loans to persons, States, political sub-
divisions of States, and other entities organized under the
laws of States to acquire, construct, extend, upgrade, and other-
wise 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 estab-
lished 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, trans-
mission, or distribution facilities serving communities described
in paragraph (1); and
‘‘(3) make grants to State entities, in existence as of the
date of the enactment of this section, to establish and support
a revolving fund to provide a more cost-effective means of
purchasing fuel where the fuel cannot be shipped by means
of surface transportation.
‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—
‘‘(1) IN GENERAL.—There are authorized to be appropriated
to carry out this section $50,000,000 for fiscal year 2001 and
such sums as are necessary for each subsequent fiscal year.
‘‘(2) 
LIMITATION
ON
PLANNING
AND
ADMINISTRATIVE
EXPENSES.—Not more than 4 percent of the amounts made
available under paragraph (1) may be used for planning and
administrative expenses.’’.
SEC. 302. CARRY FORWARD ADJUSTMENT.
The amendments made by section 204(b)(10)(A) of the Agricul-
tural Risk Protection Act of 2000 shall apply beginning with under-
marketings 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 
MULTI-
NATIONAL 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.—