Home > 106th Congressional Bills > H.R. 4788 (ih) To amend the United States Grain Standards Act to extend the authority [Introduced in House] ...H.R. 4788 (ih) To amend the United States Grain Standards Act to extend the authority [Introduced in House] ...
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 Standards
and Warehouse Improvement Act of 2000''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--GRAIN STANDARDS
Sec. 101. Sampling for export grain.
Sec. 102. Geographic boundaries for official agencies.
Sec. 103. Authorization to collect fees.
Sec. 104. Testing of equipment.
Sec. 105. Limitation on administrative and supervisory costs.
Sec. 106. Licenses and authorizations.
Sec. 107. Grain additives.
Sec. 108. Authorization of appropriations.
Sec. 109. Advisory committee.
Sec. 110. Conforming amendments.
Sec. 111. Special effective date for certain expired provisions.
TITLE II--WAREHOUSES
Sec. 201. Storage of agricultural products in warehouses.
Sec. 202. Regulations.
TITLE III--MISCELLANEOUS
Sec. 301. Energy generation, transmission, and distribution facilities
efficiency grants and loans in rural communities with
extremely high energy costs.
Sec. 302. Carry forward adjustment.
Sec. 303. Fees and penalties for mediation and arbitration of disputes
involving agricultural products moving in foreign commerce
under multinational entities.
Sec. 304. Community facilities grant program for rural communities with
extreme unemployment and severe economic depression.
Sec. 305. Community facilities grant program for rural communities with
high levels of out-migration or loss of population.
Sec. 306. State agricultural mediation programs.
Sec. 307. Adjustments to nutrition programs.
Sec. 308. Authorization for Secretary of Agriculture to purchase and
transfer land.
Sec. 309. Extension of time period for filing certain complaints
alleging preparation of false inspection certificates.
Sec. 310. International food relief partnership.
TITLE I--GRAIN STANDARDS
SEC. 101. SAMPLING FOR EXPORT GRAIN.
Section 5(a)(1) of the United States Grain Standards Act (7 U.S.C.
77(a)(1)) is amended by striking ``(on the basis'' and all that follows
through ``from the United States)''.
SEC. 102. GEOGRAPHIC BOUNDARIES FOR OFFICIAL AGENCIES.
(a) Inspection Authority.--Section 7(f) of the United States Grain
Standards Act (7 U.S.C. 79(f)) is amended by striking paragraph (2) and
inserting the following:
``(2) Geographic boundaries for official agencies.--Not more
than one official agency designated under paragraph (1) or State
delegated authority under subsection (e)(2) to carry out the
inspection provisions of this Act shall be operative at the same
time in any geographic area defined by the Secretary, except that,
if the Secretary determines that the presence of more than one
designated official agency in the same geographic area will not
undermine the policy stated in section 2, the Secretary may--
``(A) allow more than one designated official agency to
carry out inspections within the same geographical area as part
of a pilot program; and
``(B) allow a designated official agency to cross boundary
lines to carry out inspections in another geographic area if
the Secretary also determines that--
``(i) the current designated official agency for that
geographic area is unable to provide inspection services in
a timely manner;
``(ii) a person requesting inspection services in that
geographic area has not been receiving official inspection
services from the current designated official agency for
that geographic area; or
``(iii) a person requesting inspection services in that
geographic area requests a probe inspection on a barge-lot
basis.''.
(b) Weighing Authority.--Section 7A(i) of the United States Grain
Standards Act (7 U.S.C. 79a(i)) is amended--
(1) by striking ``(i) No'' and inserting the following:
``(i) Unauthorized Weighing Prohibited.--
``(1) In general.--No'';
(2) by striking the second sentence; and
(3) by adding at the end the following:
``(2) Geographic boundaries for official agencies.--Not more
than one designated official agency referred to in paragraph (1) or
State agency delegated authority pursuant to subsection (c)(2) to
carry out the weighing provisions of this Act shall be operative at
the same time in any geographic area defined by the Secretary,
except that, if the Secretary determines that the presence of more
than one designated official agency in the same geographic area
will not undermine the policy stated in section 2, the Secretary
may--
``(A) allow more than one designated official agency to
carry out the weighing provisions within the same geographical
area as part of a pilot program; and
``(B) allow a designated official agency to cross boundary
lines to carry out the weighing provisions in another
geographic area if the Secretary also determines that--
``(i) the current designated official agency for that
geographic area is unable to provide the weighing services
in a timely manner; or
``(ii) a person requesting weighing services in that
geographic area has not been receiving official weighing
services from the current designated official agency for
that geographic area.''.
SEC. 103. AUTHORIZATION TO COLLECT FEES.
(a) Inspection and Supervisory Fees.--Section 7(j)(4) of the United
States Grain Standards Act (7 U.S.C. 79(j)(4)) is amended in the first
sentence by striking ``2000'' and inserting ``2005''.
(b) Weighing and Supervisory Fees.--Section 7A(l)(3) of the United
States Grain Standards Act (7 U.S.C. 79a(l)(3)) is amended in the first
sentence by striking ``2000'' and inserting ``2005''.
SEC. 104. TESTING OF EQUIPMENT.
Section 7B(a) of the United States Grain Standards Act (7 U.S.C.
79b(a)) is amended in the first sentence by striking ``but at least
annually and''.
SEC. 105. LIMITATION ON ADMINISTRATIVE AND SUPERVISORY COSTS.
Section 7D of the United States Grain Standards Act (7 U.S.C. 79d)
is amended--
(1) by striking ``2000'' and inserting ``2005''; and
(2) by striking ``40 per centum'' and inserting ``30 percent''.
SEC. 106. LICENSES AND AUTHORIZATIONS.
Section 8(a)(3) of the United States Grain Standards Act (7 U.S.C.
84(a)(3)) is amended by inserting ``inspection, weighing,'' after
``laboratory testing,''.
SEC. 107. GRAIN ADDITIVES.
Section 13(e)(1) of the United States Grain Standards Act (7 U.S.C.
87b(e)(1)) is amended by inserting ``, or prohibit disguising the
quality of grain,'' after ``sound and pure grain''.
SEC. 108. AUTHORIZATION OF APPROPRIATIONS.
Section 19 of the United States Grain Standards Act (7 U.S.C. 87h)
is amended by striking ``2000'' and inserting ``2005''.
SEC. 109. ADVISORY COMMITTEE.
Section 21(e) of the United States Grain Standards Act (7 U.S.C.
87j(e)) is amended by striking ``2000'' and inserting ``2005''.
SEC. 110. CONFORMING AMENDMENTS.
(a) Section 8 of the United States Grain Standards Act of 1976 (7
U.S.C. 79 note; Public Law 94-582) is amended--
(1) by striking ``(a)''; and
(2) by striking subsection (b).
(b) Sections 23, 24, and 25 of the United States Grain Standards
Act of 1976 (7 U.S.C. 87e-1; 7 U.S.C. 76 note; Public Law 94-582) are
repealed.
(c) Section 27 of the United States Grain Standards Act of 1976 (7
U.S.C. 74 note; Public Law 94-582) is amended by striking ``; and
thereafter'' and all that follows and inserting a period.
SEC. 111. SPECIAL EFFECTIVE DATE FOR CERTAIN EXPIRED PROVISIONS.
The amendments made by sections 103, 105, 108, and 109 shall take
effect as if enacted on September 30, 2000.
TITLE II--WAREHOUSES
SEC. 201. STORAGE OF AGRICULTURAL PRODUCTS IN 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 document'
means a document that is generated, sent, received, or stored by
electronic, optical, or similar means, including electronic data
interchange, electronic mail, telegram, telex, or telecopy.
``(5) Electronic receipt.--The term `electronic receipt' means
a receipt that is authorized by the Secretary to be issued or
transmitted under this Act in the form of an electronic document.
``(6) Holder.--The term `holder' means a person that has
possession in fact or by operation of law of a receipt or any
electronic document.
``(7) Person.--The term `person' means--
``(A) a person (as defined in section 1 of title 1, United
States Code);
``(B) a State; and
``(C) a political subdivision of a State.
``(8) Receipt.--The term `receipt' means a warehouse receipt
issued in accordance with this Act, including an electronic
receipt.
``(9) Secretary.--The term `Secretary' means the Secretary of
Agriculture.
``(10) Warehouse.--The term `warehouse' means a structure or
other approved storage facility, as determined by the Secretary, in
which any agricultural product may be stored or handled for the
purposes of interstate or foreign commerce.
``(11) Warehouse operator.--The term `warehouse operator' means
a person that is lawfully engaged in the business of storing or
handling agricultural products.
``SEC. 3. POWERS OF SECRETARY.
``(a) In General.--The Secretary shall have exclusive power,
jurisdiction, and authority, to the extent that this Act applies, with
respect to--
``(1) each warehouse operator licensed under this Act;
``(2) each person that has obtained an approval to engage in an
activity under this Act; and
``(3) each person claiming an interest in an agricultural
product by means of a document or receipt subject to this Act.
``(b) Covered Agricultural Products.--The Secretary shall specify,
after an opportunity for notice and comment, those agricultural
products for which a warehouse license may be issued under this Act.
``(c) Investigations.--The Secretary may investigate the storing,
warehousing, classifying according to grade and otherwise, weighing,
and certifying of agricultural products.
``(d) Inspections.--The Secretary may inspect or cause to be
inspected any person or warehouse licensed under this Act and any
warehouse for which a license is applied for under this Act.
``(e) Suitability for Storage.--The Secretary may determine whether
a licensed warehouse, or a warehouse for which a license is applied for
under this Act, is suitable for the proper storage of the agricultural
product or products stored or proposed for storage in the warehouse.
``(f) Classification.--The Secretary may classify a licensed
warehouse, or a warehouse for which a license is applied for under this
Act, in accordance with the ownership, location, surroundings,
capacity, conditions, and other qualities of the warehouse and as to
the kinds of licenses issued or that may be issued for the warehouse
under this Act.
``(g) Warehouse Operator's Duties.--Subject to the other provisions
of this Act, the Secretary may prescribe the duties of a warehouse
operator operating a warehouse licensed under this Act with respect to
the warehouse operator's care of and responsibility for agricultural
products stored or handled by the warehouse operator.
``(h) Systems for Electronic Conveyance.--
``(1) Regulations governing electronic systems.--Except as
provided in paragraph (2), the Secretary may promulgate regulations
governing one or more electronic systems under which electronic
receipts may be issued and transferred and other electronic
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