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(6) FLUE-CURED TOBACCO.

(A) LIMITATION ON QUANTITY OF ALLOTMENT LEASED OR SOLD.-Section 316(e) of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1316(e)) is amended

(i) in paragraph (1), by striking "farm or, in” and all that follows through “: Provided, That in’’ and inserting “farm. In”;

(ii) by redesignating paragraph (2) as paragraph (3); and

(iii) by inserting after paragraph (1) the following:

“(2) Paragraph (1) shall not apply to fluecured tobacco.".

(B) TRANSFERS OF QUOTA OR ALLOTMENT ACROSS COUNTY LINES IN A STATE.-Section 316(g) of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1314b(g)) is amended by adding at the end the following: “(3) TRANSFERS ALLOWED BY

REFERENDUM.

"(A) REFERENDUM. On the request of at least 25 percent of the active flue-cured tobacco producers within a State, the Secretary shall conduct a referendum of the active flue-cured tobacco producers within the State to determine whether the producers favor or oppose permitting the sale of a fluecured tobacco allotment or quota from a farm in a State to any other farm in the State.

*(B) APPROVAL.-If the Secretary determines that a majority of the active fluecured tobacco producers voting in the referendum approves permitting the sale of a flue-cured tobacco allotment or quota from a farm in the State to any other farm in the State, the Secretary shall permit the sale of a flue-cured tobacco allotment or quota from a farm in the State to any other farm in the State.”.

(C) SAME GROWER IN CONTIGUOUS COUNTIES.-Section 379(b) of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1379(b)) is amended by inserting “or flue-cured” after "Burley". SEC. 804. OILSEEDS.

(a) IN GENERAL.—The Secretary shall use $475,000,000 of funds of the Commodity Credit Corporation to make payments to producers of the 1999 crop of oilseeds that are eligible to obtain a marketing assistance loan under section 131 of the Agricultural Market Transition Act (7 U.S.C. 7231).

(b) COMPUTATION.—A payment to producers on a farm under this section for an oilseed shall be equal to the product obtained by multiplying

(1) a payment rate determined by the Secretary;

(2) the acreage of the producers on the farm for the oilseed, as determined under subsection (c); and

(3) the yield of the producers on the farm for the oilseed, as determined under subsection (d).

(C) ACREAGE.

(1) IN GENERAL.-Except as provided in paragraph (2), the acreage of the producers on the farm for an oilseed under subsection (b)(2) shall be equal to the greater of

(A) the number of acres planted to the oilseed by the producers on the farm during the 1997 crop year, as reported by the producers on the farm to the Secretary (including any acreage reports that are filed late); or

(B) the number of acres planted to the oilseed by the producers on the farm during the 1998 crop year, as reported by the producers on the farm to the Secretary (including any acreage reports that are filed late).

(2) NEW PRODUCERS.—In the case of producers on a farm that planted acreage to an oilseed during the 1999 crop year but not the 1997 or 1998 crop year, the acreage of the producers for the oilseed under subsection (b)(2) shall be equal to the number of acres planted to the oilseed by the producers on the farm

during the 1999 crop year, as reported by the producers on the farm to the Secretary (including any acreage reports that are filed late).

(d) YIELD.

(1) SOYBEANS.-Except as provided in paragraph (3), in the case of soybeans, the yield of the producers on a farm under subsection (b)(3) shall be equal to the greatest of

(A) the average county yield per harvested acre for each of the 1994 through 1998 crop years, excluding the crop year with the highest yield per harvested acre and the crop year with the lowest yield per harvested acre;

(B) the actual yield of the producers on the farm for the 1997 crop year; or

(C) the actual yield of the producers on the farm for the 1998 crop year.

(2) OTHER OILSEEDS.—Except as provided in paragraph (3), in the case of oilseeds other than soybeans, the yield of the producers on a farm under subsection (b)(3) shall be equal to the greatest of,

(A) the average national yield per harvested acre for each of the 1994 through 1998 crop years, excluding the crop year with the highest yield per harvested acre and the crop year with the lowest yield per harvested acre;

(B) the actual yield of the producers on the farm for the 1997 crop year; or

(C) the actual yield of the producers on the farm for the 1998 crop year.

(3) NEW PRODUCERS.-In the case of producers on a farm that planted acreage to an oilseed during the 1999 crop year but not the 1997 or 1998 crop year, the yield of the producers on a farm under subsection (b)(3) shall be equal to the greater of

(A) the average county yield per harvested acre for each of the 1994 through 1998 crop years, excluding the crop year with the highest yield per harvested acre and the crop year with the lowest yield per harvested acre; or

(B) the actual yield of the producers on the farm for the 1999 crop.

(4) DATA SOURCE.—To the maximum extent available, the Secretary shall use data provided by the National Agricultural Statistics Service to carry out this subsection. SEC. 805. LIVESTOCK AND DAIRY.

The Secretary shall use $325,000,000 of funds of the Commodity Credit Corporation to provide assistance directly to livestock and dairy producers, in a manner determined appropriate by the Secretary, to compensate the producers for economic losses incurred during 1999. SEC. 806. UPLAND COTTON.

(a) IN GENERAL.-Section 136(a) of the Agricultural Market Transition Act (7 U.S.C. 7236(a) is amended

(1) in paragraph (1), by striking “or cash payments" and inserting “or cash payments, at the option of the recipient,”;

(2) by striking "3 cents per pound" each place it appears and inserting “1.25 cents per pound'';

(3) in paragraph (3)

(A) in the first sentence of subparagraph (A), by striking "owned by the Commodity Credit Corporation in such manner, and at such price levels, as the Secretary determines will best effectuate the purposes of cotton user marketing certificates” and inserting "owned by the Commodity Credit Corporation or pledged to the Commodity Credit Corporation as collateral for a loan in such manner, and at such price levels, as the Secretary determines will best effectuate the purposes of cotton user marketing certificates, including enhancing the competitiveness and marketability of United States cotton”; and

(B) in subparagraph (B), by striking the second sentence; and

(4) by striking paragraph (4).

(b) ENSURING THE AVAILABILITY OF UPLAND COTTON.-Section 136(b) of the Agricultural Market Transition Act (7 U.S.C. 7236(b)) is amended

(1) by striking paragraph (1) and inserting the following:

“(1) ESTABLISHMENT.

“(A) IN GENERAL.--The President shall carry out an import quota program during the period ending July 31, 2003, as provided in this subsection.

“(B) PROGRAM REQUIREMENTS.—Except as provided in subparagraph (C), whenever the Secretary determines and announces that for any consecutive 4-week period, the Friday through Thursday average price quotation for the lowest-priced United States growth, as quoted for Middling (M) 13/32-inch cotton, delivered C.I.F. Northern Europe, adjusted for the value of any certificate issued under subsection (a), exceeds the Northern Europe price by more than 1.25 cents per pound, there shall immediately be in effect a special import quota.

“(C) TIGHT DOMESTIC SUPPLY.—During any month for which the Secretary estimates the season-ending United States upland cotton stocks-to-use ratio, as determined under subparagraph (D), to be below 16 percent, the Secretary, in making the determination under subparagraph (B), shall not adjust the Friday through Thursday average price quotation for the lowest-priced United States growth, as quoted for Middling (M) 13/32-inch cotton, delivered C.I.F. Northern Europe, for the value of any certificates issued under subsection (a).

“(D) SEASON-ENDING UNITED STATES STOCKSTO-USE RATIO.-For the purposes of making estimates under subparagraph (C), the Secretary shall, on a monthly basis, estimate and report the season-ending United States upland cotton stocks-to-use ratio, excluding projected raw cotton imports but including the quantity of raw cotton that has been imported into the United States during the marketing year.”; and

(2) by adding at the end the following:

(7) LIMITATION.—The quantity of cotton entered into the United States during any marketing year under the special import quota established under this subsection may not exceed the equivalent of 5 week's consumption of upland cotton by domestic mills at the seasonally adjusted average rate of the 3 months immediately preceding the first special import quota established in any marketing year." SEC. 807. MILK.

(a) IN GENERAL.-Section 141 of the Agricultural Market Transition Act (7 U.S.C. 7251) is amended

(1) in subsection (b)(4), by striking "calendar year 1999” and inserting “each of calendar years 1999 and 2000”?; and

(2) in subsection (h), by striking "1999" each place it appears and inserting "2000".

(b) CONFORMING AMENDMENT.-Section 142(e) of the Agricultural Market Transition Act (7 U.S.C. 7252(e)) is amended by striking “2000” and inserting “2001”.

Subtitle B—Other Assistance
SEC. 811. AUTHORITY FOR ADVANCE PAYMENT IN

FULL OF REMAINING PAYMENTS
UNDER PRODUCTION FLEXIBILITY

CONTRACTS. Section 112(d)(3) of the Agricultural Market Transition Act (7 U.S.C. 7212(d)(3)) is amended

(1) in the paragraph heading, by striking "FOR FISCAL YEAR 1999”'; and

(2) by striking "for fiscal year 1999” and inserting "for any of fiscal years 1999 through 2002''. SEC. 812. COMMODITY CERTIFICATES.

Subtitle E of the Agricultural Market Transition Act (7 U.S.C. 7281 et seq.) is amended by adding at the end the following:

“SEC. 166. COMMODITY CERTIFICATES.

SEC. 816. NATIONAL SHEEP INDUSTRY IMPROVE "(A) September 30, 2006; or “(a) IN GENERAL.-In making in-kind pay

MENT CENTER.

“(B) the date as of which a total of ments under subtitle C, the Commodity (a) DEFINITIONS.-Section 375(a) of the Con

$30,000,000 has been appropriated for the CenCredit Corporation maysolidated Farm and Rural Development Act

ter under subsection (e) (6) (C). “(1) acquire and use commodities that have (7 U.S.C. 2008j(a)) is amended by adding at

“(2) PRIVATIZATION PROPOSAL.-On privatbeen pledged to the Commodity Credit Corthe end the following:

ization of a revolving fund in accordance poration as collateral for loans made by the

“(5)
INTERMEDIARY.-The term 'inter-

with paragraph (1), the Board shall submit to Corporation; mediary' means a financial institution re

the Secretary, for approval, a privatization “(2) use other commodities owned by the ceiving Center funds for establishing a re

proposal thatCommodity Credit Corporation; and volving fund and relending to an eligible en

"(A) delineates a private successor entity “(3) redeem negotiable marketing certifitity.”.

to the Center; and cates for cash under terms and conditions es

(b) REVOLVING FUND.-Section 375(e) of the

“(B) establishes a transition plan. tablished by the Secretary. Consolidated Farm and Rural Development

“(3) PRIVATE SUCCESSOR ENTITY.—The pri“(b) METHODS OF PAYMENT.—The ComAct (7 U.S.C. 2008j(e)) is amended

vate successor entity shallmodity Credit Corporation may make in

(1) in paragraph (3)

“(A) have the purposes described in subkind payments

(A) by striking subparagraph (A) and in

section (c); “(1) by delivery of the commodity at a

serting the following: warehouse or other similar facility;

“(A) IN GENERAL.—The Center may use

“(B) be organized under the laws of 1 of the

States; and "(2) by the transfer of negotiable wareamounts in the Fund to make direct loans,

“(C) be able to continue the activities of house receipts; loan guarantees, cooperative agreements, eq

the Center. “(3) by the issuance of negotiable certifi

uity interests, investments, repayable cates, which the Commodity Credit Corporagrants, and grants to eligible entities, either

“(4) TRANSITION PLAN.—The transition plan

shalltion shall exchange for a commodity owned directly or through an intermediary, in ac

"(A) identify any continuing role of the or controlled by the Corporation in accord

cordance with a strategic plan submitted
under subsection (d).””;

Federal Government with respect to the Cenance with regulations promulgated by the

ter; Corporation; or

(B) in subparagraph (B), by adding at the “(4) by such other methods as the Comend the following: “The Fund is intended to

“(B) provide for the transfer of all Center

assets and liabilities to the private successor modity Credit Corporation determines ap

furnish the initial capital for a revolving
fund that will eventually be privatized for

entity, and
propriate to promote the efficient, equitable,
the purposes of assisting the United States

“(C) delineate the status of the Board and and expeditious receipt of the in-kind payments so that a person receiving the paysheep and goat industries.”;

employees of the Center. ments receives the same total return as if

(C) by striking subparagraph (D);

“(5) IMPLEMENTATION.the payments had been made in cash.

(D) by striking subparagraph (E) and in

(A) IN GENERAL.-On approval by the Sec"(c) ADMINISTRATION.

retary of the private successor entity and serting the following: “(E) ADMINISTRATION.—The Center may not

the transition plan, the Center shall create "(1) FORM.-At the option of a producer,

use more than 3 percent of the amounts in the Commodity Credit Corporation shall

the private successor entity and implement

the transition plan. make negotiable certificates authorized the portfolio of the Center for each fiscal

“(B) AUTHORITY.—The Secretary shall have under subsection (b)(3) available to the pro

year for the administration of the Center. ducer, in the form of program payments or

all necessary authority to implement the The portfolio shall be calculated at the be

transition plan. by sale, in a manner that the Corporation de

ginning of each fiscal year and shall include termines will encourage the orderly mara total of

“(6) TRANSFER OF FUNDS.—On creation of

the private successor entity, all funds held keting of commodities pledged as collateral

"(i) all outstanding loan balances; for loans made to producers under subtitle C.

"(ii) the Fund balance;

by the Department of the Treasury pursuant “(2) TRANSFER.-A negotiable certificate

to this section shall be transferred to the "(iii) the outstanding balance to intermediaries; and

private successor entity. issued in accordance with this subsection may be transferred to another person in ac

“(iv) the amount the Center paid for all eq

(7) REPEAL.—On the date the Secretary

publishes notice in the Federal Register that cordance with regulations promulgated by

uity interests."); the Secretary.".

(E) in subparagraph (H)

the transition plan is complete, this section SEC. 813. LIMITATION ON MARKETING LOAN

is repealed.”.
(i) in clause (v), by striking “or” at the

SEC. 817. FISHERIES.
GAINS AND LOAN DEFICIENCY PAY. end;
MENTS.
(ii) in clause (vi), by striking the period at

(a) NORTON SOUND FISHERIES FAILURE.(a) IN GENERAL.-Notwithstanding section the end and inserting “; or”; and

(1) INCOME ELIGIBILITY.-Section 763(a) of 1001(2) of the Food Security Act of 1985 (7 (iii) by adding at the end the following:

the Agriculture, Rural Development, Food U.S.C. 1308(1)), the total amount of the pay “(vii) purchase equity interests.''; and

and Drug Administration, and Related Agenments specified in section 1001(3) of that Act (F) by redesignating subparagraphs (E)

cies Appropriations Act, 1999 (112 Stat. 2681that a person shall be entitled to receive through (H) as subparagraphs (D) through

36), is amended by striking "federal poverty under the Agricultural Market Transition (G), respectively; and

level" and inserting "income eligibility level Act (7 U.S.C. 7201 et seq.) for 1 or more con (2) in paragraph (6), by striking subpara

established for Alaska under the temporary tract commodities and oilseeds produced graph (D).

assistance to needy families (TANF) produring the 1999 crop year may not exceed (c) BOARD OF DIRECTORS.-Section 375(f) of gram funded under part A of title IV of the $150,000. the Consolidated Farm and Rural Develop

Social Security Act (42 U.S.C. 601 et seq.)”. (b) 1999 MARKETINGS.-In carrying out sub ment Act (7 U.S.C. 2008j(f)) is amended

(2) EMERGENCY ASSISTANCE.-Section 1124 of section (a), the Secretary shall allow a pro (1) in paragraph (2), by striking subpara

the Agriculture, Rural Development, Food ducer that has marketed a quantity of an eli graph (B) and inserting the following:

and Drug Administration, and Related Agengible 1999 crop for which the producer has “(B) review any contract, direct loan, loan

cies Appropriations Act, 1999 (112 Stat. 2681not received a loan deficiency payment or guarantee, cooperative agreement, equity in 45), is amended by inserting before the period marketing loan gain under section 134 or 135 terest, investment, repayable grant, and at the end the following: “or a fisheries failof the Agricultural Market Transition Act (7 grant to be made or entered into by the Cen ure in the Norton Sound region of Alaska U.S.C. 7234, 7235) to receive such payment or ter and any financial assistance provided to that has resulted in the closure of commergain as of the date on which the quantity the Center;";

cial and subsistence fisheries to persons that was marketed or redeemed, as determined by (2) in paragraph (5), by striking subpara

depend on fish as their primary source of the Secretary. graph (C) and inserting the following:

food and income”. SEC. 814. ASSISTANCE FOR PURCHASE OF ADDI “(C) REAPPOINTMENT.—A voting member

(3) APPROPRIATION.TIONAL CROP INSURANCE COV may be reappointed for not more than 1 addi (A) IN GENERAL.-In addition to amounts ERAGE. tional term."; and

appropriated or otherwise made available by The Secretary shall transfer $400,000,000 of

(3) in paragraph (6), by striking subpara

this Act, there is appropriated to the Departfunds of the Commodity Credit Corporation graph (B) and inserting the following:

ment of Agriculture for fiscal year 2001, out to the Federal Crop Insurance Corporation to “(B) REAPPOINTMENT.—A voting member of any money in the Treasury not otherwise be used to assist agricultural producers in appointed to fill a vacancy for an unexpired

appropriated, $15,000,000, to remain available purchasing additional coverage for the 2000 term may be reappointed for 1 full term.". until expended to provide emergency discrop year under the Federal Crop Insurance (d) PRIVATIZATION.-Section 375 of the Con aster assistance to persons or entities afAct (7 U.S.C. 1501 et seq.).

solidated Farm and Rural Development Act fected by the 1999 fisheries failure in the NorSEC. 815. FORGIVENESS OF CERTAIN WATER AND (7 U.S.C. 2008j) is amended by adding at the ton Sound region of Alaska. WASTE DISPOSAL LOANS. end the following:

(B) TRANSFER.–To carry out this paraThe Secretary shall forgive the principal “(j) PRIVATIZATION.

graph, the Secretary shall transfer to the indebtedness and accrued interest owed by “(1) IN GENERAL.-Privatization of a revolv Secretary of Commerce for obligation and the City of Stroud, Oklahoma, to the Rural ing fund for the purposes of assisting the expenditureUtilities Service on water and waste disposal United States sheep and goat industries shall (i) $10,000,000 for fiscal year 2001 for grants loans numbered 9105 and 9107. occur on the earlier of

under section 209 of the Public Works and

Economic Development Act of 1965 (42 U.S.C. 3149); and

(ii) $5,000,000 for fiscal year 2001 for carrying out section 312 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1861a).

(b) COMMERCIAL FISHERIES FAILURE.

(1) IN GENERAL.-In addition to amounts appropriated or otherwise made available by this Act, there is appropriated to the Department of Agriculture for fiscal year 2001, out of any money in the Treasury not otherwise appropriated, $15,000,000, to remain available until expended, which shall be transferred to the Department of Commerce to provide emergency disaster assistance for the commercial fishery failure under section 308(b)(1) of the Interjurisdictional Fisheries Act of 1986 (16 U.S.C. 4107(b)(1)) with respect to Northeast multispecies fisheries.

(2) USE.—Amounts made available under this subsection shall be used to support cooperative research and management activities administered by the National Marine Fisheries Services and based on recommendations by the New England Fishery Management Council. SEC. 818. SENSE OF CONGRESS REGARDING

FAST-TRACK AUTHORITY AND FU-
TURE WORLD TRADE ORGANIZATION

NEGOTIATIONS.
It is the sense of Congress that,

(1) the President should make a formal request for appropriate fast-track authority for future United States trade negotiations;

(2) regarding future World Trade Organization negotiations

(A) rules for trade in agricultural commodities should be strengthened and trade-distorting import and export practices should be eliminated or substantially reduced;

(B) the rules of the World Trade Organization should be strengthened regarding the practices or policies of a foreign government that unreasonably

(i) restrict market access for products of new technologies, including products of biotechnology; or

(ii) delay or preclude implementation of a report of a dispute panel of the World Trade Organization; and

(C) negotiations within the World Trade Organization should be structured so as to provide the maximum leverage possible to ensure the successful conclusion of negotiations on agricultural products;

(3) the President should

(A) conduct a comprehensive evaluation of all existing export and food aid programs, including

(i) the export credit guarantee program established under section 202 of the Agricultural Trade Act of 1978 (7 U.S.C. 5622);

(ii) the market access program established under section 203 of that Act (7 U.S.C. 5623);

(iii) the export enhancement program established under section 301 of that Act (7 U.S.C. 5651);

(iv) the foreign market development cooperator program established under section 702 of that Act (7 U.S.C. 5722); and

(v) programs established under the Agricultural Trade Development and Assistance Act of 1954 (7 U.S.C. 1691 et seq.); and

(B) transmit to Congress

(i) the results of the evaluation under subparagraph (A); and

(ii) recommendations on maximizing the effectiveness of the programs described in subparagraph (A); and

(4) the Secretary should carry out a purchase and donation or concessional sales initiative in each of fiscal years 1999 and 2000 to promote the export of additional quantities of soybeans, beef, pork, poultry, and products of such commodities (including soybean meal, soybean oil, textured vegetable protein, and soy protein concentrates and isolates) using programs established under

(A) the Commodity Credit Corporation Charter Act (15 U.S.C. 714 et seq.);

(B) section 416 of the Agricultural Act of 1949 (7 U.S.C. 1431);

(C) titles I and II of the Agricultural Trade Development and Assistance Act of 1954 (7 U.S.C. 1701 et seq.); and

(D) the Food for Progress Act of 1985 (7 U.S.C. 17360).

Subtitle C—Administration
SEC. 821. COMMODITY CREDIT CORPORATION.

The Secretary shall use the funds, facilities, and authorities of the Commodity Credit Corporation to carry out this title. SEC. 822. ADMINISTRATIVE COSTS.

(a) RESERVATION OF FUNDS.–Subject to subsections (b) and (c), the Secretary may reserve up to $56,000,000 of the amounts made available under subtitle A to cover administrative costs incurred by the Farm Service Agency directly related to carrying out that subtitle.

(b) PROPORTIONAL RESERVATION.—The amount reserved by the Secretary from the amounts made available under each section of subtitle A (other than section 802) shall bear the same proportion to the total amount reserved under subsection (a) as the administrative costs incurred by the Farm Service Agency to carry out that section (other than section 802) bear to the total administrative costs incurred by the Farm Service Agency to carry out that subtitle (other than section 802).

(C) EXCEPTION FOR MARKET LOSS ASSISTANCE.-The Secretary may not reserve any portion of the amount made available under section 802 to pay administrative costs. SEC. 823. EMERGENCY REQUIREMENT.

The entire amount necessary to carry out this title and the amendments made by this title shall be available only to the extent that an official budget request for the entire amount, that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of such Act. SEC. 824. REGULATIONS.

(a) PROMULGATION.—As soon as practicable after the date of enactment of this Act, the Secretary and the Commodity Credit Corporation, as appropriate, shall promulgate such regulations as are necessary to implement subtitle A and the amendments made by subtitle A. The promulgation of the regulations and administration of subtitle A shall be made without regard to

(1) the notice and comment provisions of section 553 of title 5, United States Code;

(2) the Statement of Policy of the Secretary of Agriculture effective July 24, 1971 (36 Fed. Reg. 13804), relating to notices of proposed rulemaking and public participation in rulemaking; and

(3) chapter 35 of title 44, United States Code (commonly known as the "Paperwork Reduction Act”).

(b) CONGRESSIONAL REVIEW OF AGENCY RULEMAKING.—In carrying out this section, the Secretary shall use the authority provided under section 808 of title 5, United States Code. SEC. 825. LIVESTOCK AND DAIRY ASSISTANCE.

(a) LIVESTOCK ASSISTANCE.—Of the funds provided in sections 801 and 805, no less than $200,000,000 shall be in the form of assistnace to livestock producers for losses due to drought or other natural disasters.

(b) DAIRY ASSISTANCE.—Of the funds provided in section 805, no less than $125,000,000 shall be in the form of assistance to dairy producers.

(C) FORM OF ASSISTANCE.-Assistance for livestock losses shall be in the form of grants and or other in-kind assistance, but shall not include loans. TITLE IX-LIVESTOCK MANDATORY

REPORTING SEC. 901. SHORT TITLE.

This title may be cited as the “Livestock Mandatory Reporting Act of 1999".

Subtitle A-Livestock Mandatory Reporting SEC. 911. LIVESTOCK MANDATORY REPORTING.

The Agricultural Marketing Act of 1946 (7 U.S.C. 1621 et seq.) is amended

(1) by inserting before section 202 (7 U.S.C. 1621) the following:

"Subtitle A-General Provisions"; and

(2) by adding at the end the following: "Subtitle B—Livestock Mandatory Reporting

"CHAPTER 1-PURPOSE; DEFINITIONS “SEC. 211. PURPOSE.

“The purpose of this subtitle is to establish a program of information regarding the marketing of cattle, swine, lambs, and products of such livestock that,

“(1) provides information that can be readily understood by producers, packers, and other market participants, including information with respect to the pricing, contracting for purchase, and supply and demand conditions for livestock, livestock production, and livestock products;

"(2) improves the price and supply reporting services of the Department of Agriculture; and

“(3) encourages competition in the marketplace for livestock and livestock products. "SEC. 212. DEFINITIONS.

“In this subtitle:

“(1) BASE PRICE.—The term 'base price means the price paid for livestock, delivered at the packing plant, before application of any premiums or discounts, expressed in dollars per hundred pounds of carcass weight.

“(2) BASIS LEVEL.—The term 'basis level means the agreed-on adjustment to a future price to establish the final price paid for livestock.

“(3) CURRENT SLAUGHTER WEEK.—The term "current slaughter week' means the period beginning Monday, and ending Sunday, of the week in which a reporting day occurs.

“(4) F.O.B.—The term 'F.O.B.' means free on board, regardless of the mode of transportation, at the point of direct shipment by the seller to the buyer.

(5) LIVESTOCK.—The term livestock' means cattle, swine, and lambs.

“(6) LOT.—The term lot' means a group of 1 or more livestock that is identified for the purpose of a single transaction between a buyer and a seller.

"(7) MARKETING.–The term 'marketing' means the sale or other disposition of livestock, livestock products, or meat or meat food products in commerce.

“(8) NEGOTIATED PURCHASE.—The term 'negotiated purchase' means a cash or spot market purchase by a packer of livestock from a producer under which

“(A) the base price for the livestock is determined by seller-buyer interaction and agreement on a day; and

“(B) the livestock are scheduled for delivery to the packer not later than 14 days after the date on which the livestock are committed to the packer.

“(9) NEGOTIATED SALE.—The term 'negotiated sale' means a cash or spot market sale by a producer of livestock to a packer under which

“(A) the base price for the livestock is determined by seller-buyer interaction and agreement on a day; and

“(B) the livestock are scheduled for delivery to the packer not later than 14 days after

the date on which the livestock are com “(6) PACKER-OWNED CATTLE.—The term “(ii) the quantity of cattle delivered on a mitted to the packer.

“packer-owned cattle' means cattle that a live weight basis; and “(10) PRIOR SLAUGHTER WEEK.—The term packer owns for at least 14 days immediately "(iii) the quantity of cattle delivered on a “prior slaughter week' means the Monday before slaughter.

dressed weight basis. through Sunday prior to a reporting day.

(7) TERMS OF TRADE.-The term 'terms of "(C) The quantity of cattle committed to “(11) PRODUCER.—The term ‘producer trade includes, with respect to the purchase the packer (quoted in numbers of head) as of means any person engaged in the business of of cattle for slaughter

that day, categorized byselling livestock to a packer for slaughter "(A) whether a packer provided any financ

“(i) type of purchase; (including the sale of livestock from a pack ing agreement or arrangement with regard "(ii) the quantity of cattle committed on a er to another packer). to the cattle;

live weight basis; and "(12) REPORTING DAY.—The term 'reporting “(B) whether the delivery terms specified “(iii) the quantity of cattle committed on day' means a day on which

the location of the producer or the location a dressed weight basis. “(A) a packer conducts business regarding of the packer's plant;

“(D) The terms of trade regarding the catlivestock committed to the packer, or live "(C) whether the producer is able to unilat

tle, as applicable. stock purchased, sold, or slaughtered by the erally specify the date and time during the

“(2) PUBLICATION.—The Secretary

Secretary shall packer; business day of the packer that the cattle

make the information available to the public (B) the Secretary is required to make in are to be delivered for slaughter; and

not less frequently than 3 times each reportformation concerning the business described “(D) the percentage of cattle purchased by

ing day. in subparagraph (A) available to the public; a packer as a negotiated purchase that are and delivered to the plant for slaughter more

“(d) WEEKLY REPORTING.“(C) the Department of Agriculture is open than 7 days, but fewer than 14 days, after the “(1) IN GENERAL.—The corporate officers or to conduct business. earlier of

officially designated representatives of each "(13) SECRETARY.-The term 'Secretary ' “(i) the date on which the cattle were com packer processing plant shall report to the means the Secretary of Agriculture. mitted to the packer; or

Secretary, on the first reporting day of each “(14) STATE.—The term “State' means each “(ii) the date on which the cattle were pur week, not later than 9:00 a.m. Central Time, of the 50 States. chased by the packer.

the following information applicable to the “CHAPTER 2-CATTLE REPORTING

“(8) TYPE OF PURCHASE.—The term 'type of prior slaughter week:

purchase’, with respect to cattle, means “(A) The quantity of cattle purchased "SEC. 221. DEFINITIONS.

“(A) a negotiated purchase;

through a forward contract that were slaugh“In this chapter:

“(B) a formula market arrangement; and tered. “(1) CATTLE COMMITTED.—The term 'cattle “(C) a forward contract.

“(B) The quantity of cattle delivered under committed' means cattle that are scheduled "SEC. 222. MANDATORY REPORTING FOR LIVE a formula marketing arrangement that were to be delivered to a packer within the 7-day

CATTLE.

slaughtered. period beginning on the date of an agreement "(a) ESTABLISHMENT.-The Secretary shall "(C) The quantity and carcass characteristo sell the cattle.

establish a program of live cattle price infor tics of packer-owned cattle that were slaugh“(2) CATTLE TYPE.—The term 'cattle type mation reporting that will

tered. means the following types of cattle pur “(1) provide timely, accurate, and reliable "(D) The quantity, basis level, and delivery chased for slaughter: market information;

month for all cattle purchased through for“(A) Fed steers.

“(2) facilitate more informed marketing ward contracts that were agreed to by the “(B) Fed heifers. decisions; and

parties. “(C) Fed Holsteins and other fed dairy "(3) promote competition in the cattle “(E) The range and average of intended steers and heifers. slaughtering industry.

premiums and discounts that are expected to “(D) Cows.

“(b) GENERAL REPORTING PROVISIONS AP be in effect for the current slaughter week. “(E) Bulls.

PLICABLE TO PACKERS AND THE SECRETARY. “(2) FORMULA PURCHASES.—The corporate “(3) FORMULA MARKETING ARRANGEMENT. “(1) IN GENERAL.—Whenever the prices or officers or officially designated representaThe term 'formula marketing arrangement quantities of cattle are required to be re tives of each packer processing plant shall means the advance commitment of cattle for ported or published under this section, the report to the Secretary, on the first reportslaughter by any means other than through prices or quantities shall be categorized so as ing day of each week, not later than 9:00 a.m. a negotiated purchase or a forward contract, to clearly delineate

Central Time, the following information for using a method for calculating price in “(A) the prices or quantities, as applicable, cattle purchased through a formula marwhich the price is determined at a future of the cattle purchased in the domestic mar keting arrangement and slaughtered during date. ket; and

the prior slaughter week: “(4) FORWARD CONTRACT.-The term 'for “(B) the prices or quantities, as applicable, “(A) The quantity (quoted in both numbers ward contract' meansof imported cattle.

of head and hundredweights) of cattle. "(A) an agreement for the purchase of cat “(2) PACKER-OWNED CATTLE.-Information “(B) The weighted average price paid for a tle, executed in advance of slaughter, under required under this section for packer-owned

carcass, including applicable premiums and which the base price is established by ref cattle shall include quantity and carcass

discounts. erence tocharacteristics, but not price.

"(C) The range of premiums and discounts “(i) prices quoted on the Chicago Mer “(C) DAILY REPORTING.

paid. cantile Exchange; or

“(1) IN GENERAL.—The corporate officers or

“(D) The weighted average of premiums “(ii) other comparable publicly available officially designated representatives of each

and discounts paid. prices; or packer processing plant shall report to the

"(E) The range of prices paid. “(B) such other forward contract as the Secretary at least twice each reporting day

"(F) The aggregate weighted average price Secretary determines to be applicable. (including once not later than 10:00 a.m. Cen

paid for a carcass. “(5) PACKER.—The term “packer' means tral Time and once not later than 2:00 p.m.

“(G) The terms of trade regarding the catany person engaged in the business of buying Central Time) the following information for

tle, as applicable. cattle in commerce for purposes of slaughter, each cattle type:

“(3) PUBLICATION.—The Secretary shall of manufacturing or preparing meats or "(A) The prices for cattle (per hundred

make available to the public the information meat food products from cattle for sale or weight) established on that day, categorized

obtained under paragraphs (1) and (2) on the shipment in commerce, or of marketing by

first reporting day of the current slaughter meats or meat food products from cattle in “(i) type of purchase;

week, not later than 10:00 a.m. Central Time. an unmanufactured form acting as a whole “(ii) the quantity of cattle purchased on a sale broker, dealer, or distributor in com live weight basis;

“(e) REGIONAL REPORTING OF CATTLE merce, except that

“(iii) the quantity of cattle purchased on a

TYPES.“(A) the term includes only a cattle proc dressed weight basis;

“(1) IN GENERAL.—The Secretary shall deessing plant that is federally inspected;

“(iv) a range of the estimated live weights termine whether adequate data can be ob“(B) for any calendar year, the term in of the cattle purchased;

tained on a regional basis for fed Holsteins cludes only a cattle processing plant that “(v) an estimate of the percentage of the and other fed dairy steers and heifers, cows, slaughtered an average of at least 125,000 cattle purchased that were of a quality grade and bulls based on the number of packers rehead of cattle per year during the imme of choice or better; and

quired to report under this section. diately preceding 5 calendar years; and

"(vi) any premiums or discounts associated “(2) REPORT.-Not later than 2 years after “(C) in the case of a cattle processing plant with

the date of enactment of this subtitle, the that did not slaughter cattle during the im "(I) weight, grade, or yield; or

Secretary shall submit to the Committee on mediately preceding 5 calendar years, the (II) any type of purchase.

Agriculture of the House of Representatives Secretary shall consider the plant capacity “(B) The quantity of cattle delivered to the and the Committee on Agriculture, Nutriof the processing plant in determining packer (quoted in numbers of head) on that tion, and Forestry of the Senate a report on whether the processing plant should be con day, categorized by

the determination of the Secretary under sidered a packer under this chapter.

"(i) type of purchase;

paragraph (1).

“SEC. 223. MANDATORY PACKER REPORTING OF

BOXED BEEF SALES. “(a) DAILY REPORTING.–The corporate officers or officially designated representatives of each packer processing plant shall report to the Secretary at least twice each reporting day (not less than once before, and once after, 12:00 noon Central Time) information on total boxed beef sales, including

“(1) the price for each lot of each negotiated boxed beef sale (determined by sellerbuyer interaction and agreement), quoted in dollars per hundredweight (on a F.O.B. plant basis);

“(2) the quantity for each lot of each sale, quoted by number of boxes sold; and

“(3) information regarding the characteristics of each lot of each sale, including

“(A) the grade of beef (USDA Choice or better, USDA Select, or ungraded no-roll product);

“(B) the cut of beef; and
"(C) the trim specification.

“(b) PUBLICATION.—The Secretary shall make available to the public the information required to be reported under subsection (a) not less frequently than twice each reporting day.

"CHAPTER 3-SWINE REPORTING "SEC. 231. DEFINITIONS.

"In this chapter:

“(1) AFFILIATE.-The term “affiliate', with respect to a packer, means

“(A) a person that directly or indirectly owns, controls, or holds with power to vote, 5 percent or more of the outstanding voting securities of the packer;

“(B) a person 5 percent or more of whose outstanding voting securities are directly or indirectly owned, controlled, or held with power to vote, by the packer; and

"(C) a person that directly or indirectly controls, or is controlled by or under common control with, the packer.

“(2) APPLICABLE REPORTING PERIOD.—The term 'applicable reporting period' means the period of time prescribed by the prior day report, the morning report, and the afternoon report, as required under section 232(c).

“(3) BARROW.—The term “barrow' means a neutered male swine.

“(4) BASE MARKET HOG.–The term 'base market hog' means a hog for which no discounts are subtracted from and no premiums are added to the base price.

“(5) BRED FEMALE SWINE.-The term 'bred female swine means any female swine, whether a sow or gilt, that has been mated or inseminated and is assumed, or has been confirmed, to be pregnant.

“(6) FORMULA PRICE.—The term 'formula price' means a price determined by a mathematical formula under which the price established for a specified market serves as the basis for the formula.

(7) GILT.-The term "gilt' means a young female swine that has not produced a litter.

“(8) HOG CLASS.—The term 'hog class' means, as applicable

“(A) barrows or gilts;
“(B) sows; or
“(C) boars or stags.

“(9) NONCARCASS MERIT PREMIUM.—The term ‘noncarcass merit premium' means an increase in the base price of the swine offered by an individual packer or packing plant, based on any factor other than the characteristics of the carcass, if the actual amount of the premium is known before the sale and delivery of the swine.

"(10) OTHER MARKET FORMULA PURCHASE.

“(A) IN GENERAL.—The term 'other market formula purchase' means a purchase of swine by a packer in which the pricing mechanism is a formula price based on any market other than the market for swine, pork, or a pork product.

“(B) INCLUSION.—The term “other market formula purchase includes a formula pur

chase in a case in which the price formula is based on 1 or more futures or options contracts.

“(11) OTHER PURCHASE ARRANGEMENT.—The term 'other purchase arrangement' means a purchase of swine by a packer that

“(A) is not a negotiated purchase, swine or pork market formula purchase, or other market formula purchase; and

“(B) does not involve packer-owned swine.

“(12) PACKER.—The term 'packer' means any person engaged in the business of buying swine in commerce for purposes of slaughter, of manufacturing or preparing meats or meat food products from swine for sale or shipment in commerce, or of marketing meats or meat food products from swine in an unmanufactured form acting as a wholesale broker, dealer, or distributor in commerce, except that,

“(A) the term includes only a swine processing plant that is federally inspected;

“(B) for any calendar year, the term includes only a swine processing plant that slaughtered an average of at least 100,000 swine per year during the immediately preceding 5 calendar years; and

“(C) in the case of a swine processing plant that did not slaughter swine during the immediately preceding 5 calendar years, the Secretary shall consider the plant capacity of the processing plant in determining whether the processing plant should be considered a packer under this chapter.

"(13) PACKER-OWNED SWINE.—The term “packer-owned swine' means swine that a packer (including a subsidiary or affiliate of the packer) owns for at least 14 days immediately before slaughter.

“(14) PACKER-SOLD SWINE.—The term “packer-sold swine' means the swine that are

"(A) owned by a packer (including a subsidiary or affiliate of the packer) for more than 14 days immediately before sale for slaughter; and

"(B) sold for slaughter to another packer.

“(15) PORK.—The term 'pork' means the meat of a porcine animal.

“(16) PORK PRODUCT.—The term “pork product' means a product or byproduct produced or processed in whole or in part from pork.

(17) PURCHASE DATA.—The term 'purchase data' means all of the applicable data, including weight (if purchased live), for all swine purchased during the applicable reporting period, regardless of the expected delivery date of the swine, reported by

"(A) hog class;
“(B) type of purchase; and
“(C) packer-owned swine.

“(18) SLAUGHTER DATA.—The term “slaughter data’ means all of the applicable data for all swine slaughtered by a packer during the applicable reporting period, regardless of when the price of the swine was negotiated or otherwise determined, reported by

“(A) hog class;
"(B) type of purchase; and
"(C) packer-owned swine.

“(19) Sow.—The term 'sow' means an adult female swine that has produced 1 or more litters.

“(20) SWINE.—The term 'swine' means a porcine animal raised to be a feeder pig, raised for seedstock, or raised for slaughter.

“(21) SWINE OR PORK MARKET FORMULA PURCHASE.—The term 'swine or pork market formula purchase' means a purchase of swine by a packer in which the pricing mechanism is a formula price based on a market for swine, pork, or a pork product, other than a future or option for swine, pork, or a pork product.

“(22) TYPE OF PURCHASE.—The term 'type of purchase', with respect to swine, means

"(A) a negotiated purchase;
"(B) other market formula purchase;

“(C) a swine or pork market formula purchase; and

"(D) other purchase arrangement.

"SEC. 232. MANDATORY REPORTING FOR SWINE.

“(a) ESTABLISHMENT.—The Secretary shall establish a program of swine price information reporting that will

“(1) provide timely, accurate, and reliable market information;

“(2) facilitate more informed marketing decisions; and

"(3) promote competition in the swine slaughtering industry.

“(b) GENERAL REPORTING PROVISIONS APPLICABLE TO PACKERS AND THE SECRETARY.

“(1) IN GENERAL.–The Secretary shall establish and implement a price reporting program in accordance with this section that includes the reporting and publication of information required under this section.

“(2) PACKER-OWNED SWINE.-Information required under this section for packer-owned swine shall include quantity and carcass characteristics, but not price.

“(3) PACKER-SOLD SWINE.--If information regarding the type of purchase is required under this section, the information shall be reported according to the numbers and percentages of each type of purchase comprising

"(A) packer-sold swine; and
“(B) all other swine.
(4) ADDITIONAL INFORMATION.-

“(A) REVIEW.—The Secretary shall review the information required to be reported by packers under this section at least once every 2 years.

“(B) OUTDATED INFORMATION.–After public notice and an opportunity for comment, subject to subparagraph (C), the Secretary shall promulgate regulations that specify additional information that shall be reported under this section if the Secretary determines under the review under subparagraph (A) that,

“(i) information that is currently required no longer accurately reflects the methods by which swine are valued and priced by packers; or

"(ii) packers that slaughter a significant majority of the swine produced in the United States no longer use backfat or lean percentage factors as indicators of price.

"(C) LIMITATION.-Under subparagraph (B), the Secretary may not require packers to provide any new or additional information that

“(i) is not generally available or maintained by packers; or

“(ii) would be otherwise unduly burdensome to provide.

“(C) DAILY REPORTING.-
“(1) PRIOR DAY REPORT.-

“(A) IN GENERAL.—The corporate officers or officially designated representatives of each packer processing plant shall report to the Secretary, for each business day of the packer, such information as the Secretary determines necessary and appropriate to

"(i) comply with the publication requirements of this section; and

“(ii) provide for the timely access to the information by producers, packers, and other market participants.

“(B) REPORTING DEADLINE AND PLANTS REQUIRED TO REPORT.-Not later than 7:00 a.m. Central Time on each reporting day, a packer required to report under subparagraph (A) shall report information regarding all swine purchased, priced, or slaughtered during the prior business day of the packer.

“(C) INFORMATION REQUIRED.—The information from the prior business day of a packer required under this paragraph shall include

"(i) all purchase data, including-
“(I) the total number of-
"(aa) swine purchased; and
“(bb) swine scheduled for delivery; and

"(II) the base price and purchase data for slaughtered swine for which a price has been established;

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