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Pub.L. 106-473 To require the Secretary of the Interior to complete a resource study of ...


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[[Page 2057]]

          GRAIN STANDARDS AND WAREHOUSE IMPROVEMENT ACT OF 2000

[[Page 114 STAT. 2058]]

Public Law 106-472
106th Congress

                                 An Act


 
 To amend the United States Grain Standards Act to extend the authority 
  of the Secretary of Agriculture to collect fees to cover the cost of 
     services performed under that Act, extend the authorization of 
  appropriations for that Act, and improve the administration of that 
Act, <<NOTE: Nov. 9, 2000 -  [H.R. 4788]>>  to reenact the United States 
Warehouse Act to require the licensing and inspection of warehouses used 
to store agricultural products and provide for the issuance of receipts, 
   including electronic receipts, for agricultural products stored or 
         handled in licensed warehouses, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States <<NOTE: Grain Standards and Warehouse Improvement Act of 
2000.>>  of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) <<NOTE: 7 USC 71 note.>>  Short Title.--This Act may be cited as 
the ``Grain Standards and Warehouse Improvement Act of 2000''.

    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.

                        TITLE I--GRAIN STANDARDS

Sec. 101. Sampling for export grain.
Sec. 102. Geographic boundaries for official agencies.
Sec. 103. Authorization to collect fees.
Sec. 104. Testing of equipment.
Sec. 105. Limitation on administrative and supervisory costs.
Sec. 106. Licenses and authorizations.
Sec. 107. Grain additives.
Sec. 108. Authorization of appropriations.
Sec. 109. Advisory committee.
Sec. 110. Conforming amendments.
Sec. 111. Special effective date for certain expired provisions.

                          TITLE II--WAREHOUSES

Sec. 201. Storage of agricultural products in warehouses.
Sec. 202. Regulations.

                        TITLE III--MISCELLANEOUS

Sec. 301. Energy generation, transmission, and distribution facilities 
           efficiency grants and loans in rural communities with 
           extremely high energy costs.
Sec. 302. Carry forward adjustment.
Sec. 303. Fees and penalties for mediation and arbitration of disputes 
           involving agricultural products moving in foreign commerce 
           under multinational entities.
Sec. 304. Community facilities grant program for rural communities with 
           extreme unemployment and severe economic depression.
Sec. 305. Community facilities grant program for rural communities with 
           high levels of out-migration or loss of population.
Sec. 306. State agricultural mediation programs.
Sec. 307. Adjustments to nutrition programs.

[[Page 114 STAT. 2059]]

Sec. 308. Authorization for Secretary of Agriculture to purchase and 
           transfer land.
Sec. 309. Extension of time period for filing certain complaints 
           alleging preparation of false inspection certificates.
Sec. 310. International food relief partnership.

                        TITLE I--GRAIN STANDARDS

SEC. 101. SAMPLING FOR EXPORT GRAIN.

    Section 5(a)(1) of the United States Grain Standards Act (7 U.S.C. 
77(a)(1)) is amended by striking ``(on the basis'' and all that follows 
through ``from the United States)''.

SEC. 102. GEOGRAPHIC BOUNDARIES FOR OFFICIAL AGENCIES.

    (a) Inspection Authority.--Section 7(f ) of the United States Grain 
Standards Act (7 U.S.C. 79(f )) is amended by striking paragraph (2) and 
inserting the following:
            ``(2) Geographic boundaries for official agencies.--Not more 
        than one official agency designated under paragraph (1) or State 
        delegated authority under subsection (e)(2) to carry out the 
        inspection provisions of this Act shall be operative at the same 
        time in any geographic area defined by the Secretary, except 
        that, if the Secretary determines that the presence of more than 
        one designated official agency in the same geographic area will 
        not undermine the policy stated in section 2, the Secretary 
        may--
                    ``(A) allow more than one designated official agency 
                to carry out inspections within the same geographical 
                area as part of a pilot program; and
                    ``(B) allow a designated official agency to cross 
                boundary lines to carry out inspections in another 
                geographic area if the Secretary also determines that--
                          ``(i) the current designated official agency 
                      for that geographic area is unable to provide 
                      inspection services in a timely manner;
                          ``(ii) a person requesting inspection services 
                      in that geographic area has not been receiving 
                      official inspection services from the current 
                      designated official agency for that geographic 
                      area; or
                          ``(iii) a person requesting inspection 
                      services in that geographic area requests a probe 
                      inspection on a barge-lot basis.''.

    (b) Weighing Authority.--Section 7A(i) of the United States Grain 
Standards Act (7 U.S.C. 79a(i)) is amended--
            (1) by striking ``(i) No'' and inserting the following:

    ``(i) Unauthorized Weighing Prohibited.--
            ``(1) In general.--No'';
            (2) by striking the second sentence; and
            (3) by adding at the end the following:
            ``(2) Geographic boundaries for official agencies.--Not more 
        than one designated official agency referred to in paragraph (1) 
        or State agency delegated authority pursuant to subsection 
        (c)(2) to carry out the weighing provisions of this Act shall be 
        operative at the same time in any geographic area defined by the 
        Secretary, except that, if the Secretary determines that the 
        presence of more than one designated official agency in the same 
        geographic area will not undermine the policy stated in section 
        2, the Secretary may--

[[Page 114 STAT. 2060]]

                    ``(A) allow more than one designated official agency 
                to carry out the weighing provisions within the same 
                geographical area as part of a pilot program; and
                    ``(B) allow a designated official agency to cross 
                boundary lines to carry out the weighing provisions in 
                another geographic area if the Secretary also determines 
                that--
                          ``(i) the current designated official agency 
                      for that geographic area is unable to provide the 
                      weighing services in a timely manner; or
                          ``(ii) a person requesting weighing services 
                      in that geographic area has not been receiving 
                      official weighing services from the current 
                      designated official agency for that geographic 
                      area.''.

SEC. 103. AUTHORIZATION TO COLLECT FEES.

    (a) Inspection and Supervisory Fees.--Section 7( j)(4) of the United 
States Grain Standards Act (7 U.S.C. 79( j)(4)) is amended in the first 
sentence by striking ``2000'' and inserting ``2005''.
    (b) Weighing and Supervisory Fees.--Section 7A(l)(3) of the United 
States Grain Standards Act (7 U.S.C. 79a(l)(3)) is amended in the first 
sentence by striking ``2000'' and inserting ``2005''.

SEC. 104. TESTING OF EQUIPMENT.

    Section 7B(a) of the United States Grain Standards Act (7 U.S.C. 
79b(a)) is amended in the first sentence by striking ``but at least 
annually and''.

SEC. 105. LIMITATION ON ADMINISTRATIVE AND SUPERVISORY COSTS.

    Section 7D of the United States Grain Standards Act (7 U.S.C. 79d) 
is amended--
            (1) by striking ``2000'' and inserting ``2005''; and
            (2) by striking ``40 per centum'' and inserting ``30 
        percent''.

SEC. 106. LICENSES AND AUTHORIZATIONS.

    Section 8(a)(3) of the United States Grain Standards Act (7 U.S.C. 
84(a)(3)) is amended by inserting ``inspection, weighing,'' after 
``laboratory testing,''.

SEC. 107. GRAIN ADDITIVES.

    Section 13(e)(1) of the United States Grain Standards Act (7 U.S.C. 
87b(e)(1)) is amended by inserting ``, or prohibit disguising the 
quality of grain,'' after ``sound and pure grain''.

SEC. 108. AUTHORIZATION OF APPROPRIATIONS.

    Section 19 of the United States Grain Standards Act (7 U.S.C. 87h) 
is amended by striking ``2000'' and inserting ``2005''.

SEC. 109. ADVISORY COMMITTEE.

    Section 21(e) of the United States Grain Standards Act (7 U.S.C. 
87j(e)) is amended by striking ``2000'' and inserting ``2005''.

SEC. 110. CONFORMING AMENDMENTS.

    (a) Section 8 of the United States Grain Standards Act of 1976 (7 
U.S.C. 79 note; Public Law 94-582) is amended--
            (1) <<NOTE: 7 USC 79.>>  by striking ``(a)''; and
            (2) <<NOTE: 7 USC 79 note.>>  by striking subsection (b).

[[Page 114 STAT. 2061]]

    (b) Sections 23, 24, and 25 of the United States Grain Standards Act 
of 1976 (7 U.S.C. 87e-1; 7 U.S.C. 76 note; Public Law 94-582) are 
repealed.
    (c) Section 27 of the United States Grain Standards Act of 1976 (7 
U.S.C. 74 note; Public Law 94-582) is amended by striking ``; and 
thereafter'' and all that follows and inserting a period.

SEC. 111. <<NOTE: 7 USC 79 note.>> SPECIAL EFFECTIVE DATE FOR CERTAIN 
            EXPIRED PROVISIONS.

    The amendments made by sections 103, 105, 108, and 109 shall take 
effect as if enacted on September 30, 2000.

                          TITLE II--WAREHOUSES

SEC. 201. STORAGE OF AGRICULTURAL PRODUCTS IN WAREHOUSES.

    The United States Warehouse Act (7 U.S.C. 241 et seq.) is amended to 
read as follows:

``SECTION 1. <<NOTE: 7 USC 241 note.>> SHORT TITLE.

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

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

    ``In this Act:
            ``(1) Agricultural product.--The term `agricultural product' 
        means an agricultural commodity, as determined by the Secretary, 
        including a processed product of an agricultural commodity.
            ``(2) Approval.--The term `approval' means the consent 
        provided by the Secretary for a person to engage in an activity 
        authorized by this Act.
            ``(3) Department.--The term `Department' means the 
        Department of Agriculture.
            ``(4) Electronic document.--The term `electronic document' 
        means a document that is generated, sent, received, or stored by 
        electronic, optical, or similar means, including electronic data 
        interchange, electronic mail, telegram, telex, or telecopy.
            ``(5) Electronic receipt.--The term `electronic receipt' 
        means a receipt that is authorized by the Secretary to be issued 
        or transmitted under this Act in the form of an electronic 
        document.
            ``(6) Holder.--The term `holder' means a person that has 
        possession in fact or by operation of law of a receipt or any 
        electronic document.
            ``(7) Person.--The term `person' means--
                    ``(A) a person (as defined in section 1 of title 1, 
                United States Code);
                    ``(B) a State; and
                    ``(C) a political subdivision of a State.
            ``(8) Receipt.--The term `receipt' means a warehouse receipt 
        issued in accordance with this Act, including an electronic 
        receipt.
            ``(9) Secretary.--The term `Secretary' means the Secretary 
        of Agriculture.
            ``(10) Warehouse.--The term `warehouse' means a structure or 
        other approved storage facility, as determined by the

[[Page 114 STAT. 2062]]

        Secretary, in which any agricultural product may be stored or 
        handled for the purposes of interstate or foreign commerce.
            ``(11) Warehouse operator.--The term `warehouse operator' 
        means a person that is lawfully engaged in the business of 
        storing or handling agricultural products.

``SEC. 3. <<NOTE: 7 USC 242.>> POWERS OF SECRETARY.

    ``(a) In General.--The Secretary shall have exclusive power, 
jurisdiction, and authority, to the extent that this Act applies, with 
respect to--
            ``(1) each warehouse operator licensed under this Act;
            ``(2) each person that has obtained an approval to engage in 
        an activity under this Act; and
            ``(3) each person claiming an interest in an agricultural 
        product by means of a document or receipt subject to this Act.

    ``(b) Covered Agricultural Products.--The Secretary shall specify, 
after an opportunity for notice and comment, those agricultural products 
for which a warehouse license may be issued under this Act.
    ``(c) Investigations.--The Secretary may investigate the storing, 
warehousing, classifying according to grade and otherwise, weighing, and 
certifying of agricultural products.
    ``(d) Inspections.--The Secretary may inspect or cause to be 
inspected any person or warehouse licensed under this Act and any 

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