Grain Standards and Warehouse Improvement Act of 2000
PL 106-472 (H.R.4788), enacted 11/09/2000

114 STAT. 2058 
PUBLIC LAW 106-472—NOV. 9, 2000 
Nov. 9, 2000 
[H.R. 4788] 
Grain Standards 
and Warehouse 
Improvement Act 
of 2000. 
7 u s e 71 note. 
Public Law 106-472 
106th Congress 
An Act 
To amend the United States Grain Standards Act to extend the authority of the 
Secretary of Agricultiu-e 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-
ric\iltural 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. 
PUBLIC LAW 106-472—NOV. 9, 2000 
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. SAMPLD^G 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. GEOGRAPfflC 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 fi*om 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— 
114 STAT. 2060 
PUBLIC LAW 106-472—NOV. 9, 2000 
"(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 
ginother geographic area if the Secretary also determines 
t h a t -
'll) 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(1)(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)(l)) is amended by inserting ", or prohibit disguising 
the quality of grain," after "soxuid 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— 
V use 79. 
(1) by striking "(a)"; and 
7 use 79 note. 
(2) by striking subsection (b). 
PUBLIC LAW 106-472—NOV. 9, 2000 
114 STAT. 2061 
(b) Sections 23, 24, and 25 of the United States Grain Standards 
Act of 1976 (7 U.S.C. 87e-l; 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- 
7 USC 79 note. 
SIGNS. 
The amendments made by sections 103, 105, 108, and 109 
shall t£ike 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. 
7 USC 241 note. 
"This Act may be cited as the 'United States Warehouse Act'. 
"SEC. 2. DEFINITIONS. 
7 USC 241. 
"In this Act: 
"(1) 
AGRICULTURAL 
PRODUCT.—The term 
'agricultural 
product' means an agricultural commodity, as determined by 
the SecretEiry, 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 vmder 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 
114 STAT. 2062 
PUBLIC LAW 106-472—NOV. 9, 2000 
Secretary, in which any agriciiltural 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. 
7 use 242. 
"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 luider 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 accordsince 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 
PUBLIC LAW 106-472—NOV. 9, 2000 
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 (1), 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 i
f
— 
"(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). 
"(1) 
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. 
79-194 O - 00 - 34: QL 3 Part 3 
114 STAT. 2064 
PUBLIC LAW 106-472—NOV. 9, 2000 
7 use 243. 
"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). 
7 use 244. 
"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. 
7 use 245. 
"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. 
PUBLIC LAW 106-472—NOV. 9, 2000 
114 STAT. 2065 
«SEC. 7. MAINTENANCE OF RECORDS. 
7 USC 246 
"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. 
7 USC 247. 
"(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. 
7 USC 248. 
"(a) IN GENERAL.—^A warehouse operator may commingle agri-
cultural products in a manner approved by the Secretary. 
"(b) LLVBILITY.—A warehouse operator shall be severally liable 
to each depositor or holder for the care £ind 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. 
7 USC 249. 
"(a) IN GENERAL.—In accordance with regulations promulgated 
under this Act, a warehouse operator may transfer a stored agricul-
tural product from one w£irehouse 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. 
7 USC 250. 
"(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 imder this Act shall 
114 STAT. 2066 
PUBLIC LAW 106-472—NOV. 9, 2000 
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) N o ELECTRONIC RECEIPT REQUIRED.—A p e r s o n 
s h a l l 
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 
PUBLIC LAW 106-472—NOV. 9, 2000 
114 STAT. 2067 
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. 
7 USC 251. 
"(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, pajonent 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. 
7 USC 252. 
"(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. 
114 STAT. 2068 
PUBLIC LAW 106-472—NOV. 9, 2000 
7 use 253. 
"SEC. 14. PUBLIC INFORMATION. 
"(a) IN GENERAL.—The Secretary may release to the pubHc 
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. 
7 use 254. 
"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. 
7 use 255. 
"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. 
7 use 256. 
"SEC. 17. AUTHORIZATION OF APPROPRIATIONS. 
"There are authorized to be appropriated such sums as are 
necessary to carry out this Act.". 
7 use 241 note. 
SEC. 202. REGULATIONS. 
Deadline. 
Federal Register, 
publication. 
Deadline. 
(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 o
f
— 
(1) the date on which final regulations are promulgated 
under subsection (b); or 
(2) August 1, 2001. 
PUBLIC LAW 106-472—NOV. 9, 2000 
114 STAT. 2069 
TITLE III—MISCELLANEOUS 
SEC. 301. ENERGY GENERATION, TRANSMISSION, AND DISTRIBUTION 
FAdLITIES EFFICIENCY GRANTS AND LOANS IN RURAL 
COMMUNITIES WITH EXTREMELY IHGH 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 
7 USC 918a. 
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 commvmities 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-
Hshed 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. 
7USC1314e 
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.— 
114 STAT. 2070 
PUBLIC LAW 106-472—NOV. 9, 2000 
"(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 with-
out 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 per-
son 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 Consohdated 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 ECO-
NOMIC DEPRESSION.— 
"(A) DEFINITION OF NOT EMPLOYED RATE.—In this para-
graph, 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 
graints 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 unemploy-
ment rate on the date of the enactment of this para-
graph, as determined by the Bureau of Labor Statistics; 
or 
"(ii) 200 percent of the average national unemploy-
ment 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. 
PUBLIC LAW 106-472—NOV. 9, 2000 
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 eimount made available for 
a fiscal year shall be available for community planning 
and implementation.". 
(b) CONFORMING AMENDMENT.—Section 381E(d)(l)(B) of the 
Consolidated 
Farm 
and Rural 
Development Act (7 U.S.C. 
2009d(d)(l)(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 fflGH 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 
Assisteuice 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, fi*om 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)(l)(B) of the 
Consolidated 
Farm 
and Rural 
Development Act (7 U.S.C. 
2009d(d)(l)(B)) (as amended by section 304(b)) is amended by 
striking "paragraph (19) or (20)" and inserting "paragraph (19), 
(20), or (21)". 
114 STAT. 2072 
PUBLIC LAW 106-472—NOV. 9, 2000 
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 quali-
fying 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); £ind 
"(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 appro-
priate) 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 Agricul-
tural Credit Act of 1987 (7 U.S.C. 5102(c)) is amended— 
(1) by striking "Each" £ind inserting the following: 
"(1) IN GENERAL.—Each"; and 
(2) by adding at the end the following: 
PUBLIC LAW 106-472—NOV. 9, 2000 
114 STAT. 2073 
"(2) OPERATION AND ADMINISTRATION EXPENSES.—For pur-
poses 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' compensa-
tion, liability insurance, the employer's share of Social 
Security, and necessary travel; 
"(F) education and training; 
"(G) security systems necessary to ensure the confiden-
tiality of mediation sessions and records of mediation ses-
sions; 
"(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 par-
ties 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 UNI-
FORMED 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)(l) of the Child Nutrition Act of 1966 (42 U.S.C. 
1786(r)(l)) 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.— 
114 STAT. 2074 
PUBLIC LAW 106-472—NOV. 9, 2000 
"(i) IN GENERAL.—Except as provided in clause 
(ii), £in 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). 
"(Ill) REVIEW PROCEDURE.—The review shall— 
"(aa) be conducted by an independent and 
impartial official other than, and not account-
able to, any person involved in the determina-
tion to suspend the institution; 
"(bb) provide the State agency and the 
institution the right to submit written docu-
mentation 
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 deter-
mine, based on the review, whether the State 
agency has established, based on a preponder-
ance of the evidence, that the institution has 
knowingly submitted a false or fraudulent 
claim for reimbursement; 
Deadline. 
"(dd) require the suspension to be in effect 
for not more than 120 calendar days after 
the institution has received notification of a 
determination of suspension in accordance 
with this clause; and 
"(ee) require the State agency during the 
suspension to ensure that payments continue 
to be made to sponsored centers and family 
and group day care homes meeting the 
requirements of the program. 
"(IV) HEARING.—A State agency shall provide 
an institution that has been suspended from 
participation in the program under this clause an 
opportunity for a fair hearing on the suspension 
conducted in accordance with subsection (e)(1).". 
(3) STATEWIDE DEMONSTRATION PROJECTS INVOLVING PRI-
VATE FOR-PROFIT ORGANIZATIONS PROVIDING NONRESIDENTIAL 
D
A
Y CARE SERVICES.—Section 17(p)(3)(C) of the Richard B. Rus-
sell 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 
PUBLIC LAW 106-472—NOV. 9, 2000 
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 PUR-
CHASE AND TRANSFER LAND. 
Subject to the availability of funds appropriated to the Agricul-
tural 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 COM-
PLAINTS ALLEGING PREPARATION OF FALSE INSPEC-
TION CERTIFICATES. 
Notwithstanding section 6(a)(1) of the Perishable Agricultural 
Commodities Act, 1930 (7 U.S.C. 499fi:a)(l)), a person that desires 
to file a complaint under section 6 of that Act involving the allega-
tion 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 Assist-
ance 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 TRANSPOR- 
7 USC1726b 
TATION, 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 dis-
tribution of shelf-stable prepackaged foods described in para-
graph (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— 
114 STAT. 2076 
PUBLIC LAW 106-472—NOV. 9, 2000 
"(A) non-Federal funds in an amount equal to 50 per-
cent 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 con-
tribution, 
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 DIS-
TRIBUTION.—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). 
Deadline. 
"(e) REGULATIONS OR GUIDELINES.—Not later than 180 days 
after the date of the enactment of this section, the Administrator, 
in consultation with the Secretary, shall issue such regulations 
or guidelines as the Administrator determines to be necessary to 
carry out this section, including regulations or guidelines that pro-
vide to United States nonprofit organizations eligible to receive 
grants under subsection (a)(1) guidance with respect to the require-
ments 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 avail-
able until expended.". 
(b) PREPOSITIONING OF COMMODITIES.—Section 407(c) of the 
Agricultural Trade Development and Assisteince 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 fi'om such compli-
ance.". 
SEC. 312. IMPROVED INVESTIGATIVE AND ENFORCEMENT ACTIVITIES 
UNDER THE PACKERS AND STOCKYARDS ACT, 1921. 
7 u s e 181 note. 
(a) IMPLEMENTATION OF GENERAL ACCOUNTING OFFICE R E C -
Deadline. 
OMMENDATIONS.—Not later than 1 year after the date of the enact-
ment 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: 
PUBLIC LAW 106-472—NOV. 9, 2000 
114 STAT. 2077 
7 u s e 181 note. 
Deadline. 
7 u s e 181 note. 
Deadline. 
7 u s e 181 note. 
Actions Needed to Improve Investigations of Competitive Practices", 
GAO/RCED-00-242, dated September 21, 2000. 
(b) CONSULTATION.—During the implementation period referred 
to in subsection (a), and for such an additional time period as 
needed to assure effective implementation of the recommendations 
contained in the report referred to in such subsection, the Secretary 
of Agriculture shall consult and work with the Department of 
Justice and the Federal Trade Commission in order to— 
(1) implement the recommendations in the report regarding 
investigation 
management, operations, and case methods 
development processes; and 
(2) effectively identify and investigate complaints of unfair 
and anti-competitive practices in violation of the Packers and 
Stockyards Act, 1921 (7 U.S.C. 181 et seq.), and enforce the 
Act. 
(c) TRAINING.—Not later than 1 year after the date of the 
enactment of this Act, the Secretary of Agriculture shall develop 
and implement a training program for staff of the Department 
of Agriculture engaged in the investigation of complaints of unfair 
and anti-competitive activity in violation of the Packers and Stock-
yards Act, 1921. In developing the training program, the Secretary 
of Agriculture shall draw on existing training materials and pro-
grams available at the Department of Justice and the Federal 
Trade Commission, to the extent practicable. 
(d) IMPLEMENTATION REPORT.—Not later than 1 year after the 
date of the enactment of this Act, the Secretary of Agriculture 
shall submit to Congress a report describing the actions taken 
to comply with this section. 
(e) ANNUAL ASSESSMENT OF CATTLE AND HOG INDUSTRIES.— 
Title IV of the Packers and Stockyards Act, 1921, is amended— 
(1) by redesignating section 415 (7 U.S.C. 229) as section 
416; and 
(2) by inserting after section 414 the following: 
"SEC. 415. ANNUAL ASSESSMENT OF CATTLE AND HOG INDUSTRIES. 
7 USe 228d 
"Not later than March 1 of each year, the Secretary shall Deadline. 
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 indus-
tries; 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 MEAS-
URES CONSTRUCTED UNDER CERTAIN DEPARTMENT OF 
AGRICULTURE PROGRAMS. 
The Watershed Protection and Flood Prevention Act (16 U.S.C. 
1001 et seq.) is amended by adding at the end the following new 
section: 
"SEC. 14. REHABILITATION OF STRUCTURAL MEASURES NEAR, AT, OR 
16 USC 1012. 
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 nec-
essary to extend the service life of the structural measure 
114 STAT. 2078 
PUBLIC LAW 106-472—NOV. 9, 2000 
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 struct\u*al measure from a catastrophic event; 
(C) correcting the deterioration of structural components that 
are deteriorating at an abnormal rate; (D) upgrading the struc-
tural 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) decommis-
sioning the structure, if requested by the local organization. 
"(2) COVERED WATER RESOURCE PROJECT.—The term 'cov-
ered 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 sub-
section 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, suid 
local permits. 
"(3) RELATION TO LAND USE AND DEVELOPMENT REGULA-
TIONS.—^As a condition on entering into an agreement to provide 
finsuicial 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 
PUBLIC LAW 106-472—NOV. 9, 2000 
114 STAT. 2079 
in which the structural measures to be rehabihtated 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 speci-
fied 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 sub-
mitted 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 Gov-
ernor 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 estab-
lished 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 rehabilita-
tion 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 mainte-
nance. 
114 STAT. 2080 
PUBLIC LAW 106-472—NOV. 9, 2000 
"(h) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 
to be appropriated to the Secretary to provide financial and tech-
nical 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 sup-
ported imder this section and the expenditures made under 
this section. On the basis of such data £ind the reports sub-
mitted under paragraph (2), the Secretary shall prepare and 
submit to Congress an annual report providing the status of 
activities conducted under this section. 
Deadline. 
"(2) GRANT RECIPIENTS.—Not later than 90 days after the 
completion of a specific rehabilitation project for which assist-
ance 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. 
PUBLIC LAW 106-472—NOV. 9, 2000 
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 sub-
section (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 Pro-
motion, 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 
114 STAT. 2082 
PUBLIC LAW 106-472—NOV. 9, 2000 
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.