Journal of the House of Representatives of the United States

(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:

TRANSFERS ALLOWED

"(3) ERENDUM.

BY REF

"(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).

(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

(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

(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—

(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) 12-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) 1332-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.

"(a) IN GENERAL.-In making in-kind payments under subtitle C, the Commodity Credit Corporation may

"(1) acquire and use commodities that have been pledged to the Commodity Credit Corporation as collateral for loans made by the Corporation;

"(2) use other commodities owned by the Commodity Credit Corporation; and

"(3) redeem negotiable marketing certificates for cash under terms and conditions established by the Secretary.

"(b) METHODS OF PAYMENT.-The Commodity Credit Corporation may make inkind payments

"(1) by delivery of the commodity at a warehouse or other similar facility;

"(2) by the transfer of negotiable warehouse receipts;

"(3) by the issuance of negotiable certificates, which the Commodity Credit Corporation shall exchange for a commodity owned or controlled by the Corporation in accordance with regulations promulgated by the Corporation; or

"(4) by such other methods as the Commodity Credit Corporation determines appropriate to promote the efficient, equitable, and expeditious receipt of the in-kind payments so that a person receiving the payments receives the same total return as if the payments had been made in cash. "(c) ADMINISTRATION.—

"(1) FORM.-At the option of a producer, the Commodity Credit Corporation shall make negotiable certificates authorized under subsection (b)(3) available to the producer, in the form of program payments or by sale, in a manner that the Corporation determines will encourage the orderly marketing of commodities pledged as collateral for loans made to producers under subtitle C. "(2) TRANSFER.-A negotiable certificate issued in accordance with this subsection may be transferred to another person in accordance with regulations promulgated by the Secretary.".

SEC. 813. LIMITATION ON MARKETING LOAN GAINS AND LOAN DEFICIENCY PAYMENTS.

(a) IN GENERAL.-Notwithstanding section 1001(2) of the Food Security Act of 1985 (7 U.S.C. 1308(1)), the total amount of the payments specified in section 1001(3) of that Act that a person shall be entitled to receive under the Agricultural Market Transition Act (7 U.S.C. 7201 et seq.) for 1 or more contract commodities and oilseeds produced during the 1999 crop year may not exceed $150,000.

(b) 1999 MARKETINGS.-In carrying out subsection (a), the Secretary shall allow a producer that has marketed a quantity of an eligible 1999 crop for which the producer has not received a loan deficiency payment or marketing loan gain under section 134 or 135 of the Agricultural Market Transition Act (7 U.S.C. 7234, 7235) to receive such payment or gain as of the date on which the quantity was marketed or redeemed, as determined by the Secretary. SEC. 814. ASSISTANCE FOR PURCHASE OF ADDITIONAL CROP INSURANCE COVERAGE.

The Secretary shall transfer $400,000,000 of funds of the Commodity Credit Corporation to the Federal Crop Insurance Corporation to be used to assist agricultural producers in purchasing additional coverage for the 2000 crop year under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.).

SEC. 815. FORGIVENESS OF CERTAIN WATER AND WASTE DISPOSAL LOANS.

The Secretary shall forgive the principal indebtedness and accrued interest owed by the City of Stroud, Oklahoma, to the Rural Utilities Service on water and waste disposal loans numbered 9105 and 9107.

SEC. 816. NATIONAL SHEEP INDUSTRY IMPROVEMENT CENTER.

(a) DEFINITIONS.-Section 375(a) of the Consolidated Farm and Rural Development Act (7 U.S.C. 2008j (a)) is amended by adding at the end the following:

"(5) INTERMEDIARY.-The term 'intermediary' means a financial institution receiving Center funds for establishing a revolving fund and relending to an eligible entity.".

(b) REVOLVING FUND.-Section 375(e) of the Consolidated Farm and Rural Development Act (7 U.S.C. 2008j(e)) is amended

(1) in paragraph (3)—

(A) by striking subparagraph (A) and inserting the following:

"(A) IN GENERAL.-The Center may use amounts in the Fund to make direct loans, loan guarantees, cooperative agreements, equity interests, investments, repayable grants, and grants to eligible entities, either directly or through an intermediary, in accordance with a strategic plan submitted under subsection (d).";

(B) in subparagraph (B), by adding at the end the following: "The Fund is intended to furnish the initial capital for a revolving fund that will eventually be privatized for the purposes of assisting the United States sheep and goat industries.";

(D) by striking subparagraph (E) and inserting the following:

“(E) ADMINISTRATION.-The Center may not use more than 3 percent of the amounts in the portfolio of the Center for each fiscal year for the administration of the Center. The portfolio shall be calculated at the beginning of each fiscal year and shall include a total of

"(i) all outstanding loan balances; "(ii) the Fund balance;

"(iii) the outstanding balance to intermediaries; and

"(iv) the amount the Center paid for all equity interests.";

(E) in subparagraph (H)

(i) in clause (v), by striking "or" at the end;

(ii) in clause (vi), by striking the period at the end and inserting "; or"; and

(iii) by adding at the end the following: "(vii) purchase equity interests."; and (F) by redesignating subparagraphs (E) through (H) as subparagraphs (D) through (G), respectively; and

(2) in paragraph (6), by striking subparagraph (D).

(1) in paragraph (2), by striking subparagraph (B) and inserting the following:

“(B) review any contract, direct loan, loan guarantee, cooperative agreement, equity interest, investment, repayable grant, and grant to be made or entered into by the Center and any financial assistance provided to the Center;":

(2) in paragraph (5), by striking subparagraph (C) and inserting the following:

"(C) REAPPOINTMENT.—A voting member may be reappointed for not more than 1 additional term."; and

(3) in paragraph (6), by striking subparagraph (B) and inserting the following:

"(B) REAPPOINTMENT.-A voting member appointed to fill a vacancy for an unexpired term may be reappointed for 1 full term.”.

(d) PRIVATIZATION.-Section 375 of the Consolidated Farm and Rural Development Act (7 U.S.C. 2008j) is amended by adding at the end the following:

"(j) PRIVATIZATION.—

"(1) IN GENERAL.-Privatization of a revolving fund for the purposes of assisting the United States sheep and goat industries shall occur on the earlier of

"(A) September 30, 2006; or

"(B) the date as of which a total of $30,000,000 has been appropriated for the Center under subsection (e)(6)(C).

"(2) PRIVATIZATION PROPOSAL.-On privatization of a revolving fund in accordance with paragraph (1), the Board shall submit to the Secretary, for approval, a privatization proposal that

"(A) delineates a private successor entity to the Center; and

"(B) establishes a transition plan. “(3) PRIVATE SUCCESSOR ENTITY.-The private successor entity shall

"(A) have the purposes described in subsection (c);

“(B) be organized under the laws of 1 of the States; and

"(C) be able to continue the activities of the Center.

"(4) TRANSITION PLAN.-The transition plan shall

"(A) identify any continuing role of the Federal Government with respect to the Center;

"(B) provide for the transfer of all Center assets and liabilities to the private successor entity; and

"(C) delineate the status of the Board and employees of the Center.

"(5) IMPLEMENTATION.

“(A) IN GENERAL.-On approval by the Secretary of the private successor entity and the transition plan, the Center shall create the private successor entity and implement the transition plan.

“(B) AUTHORITY.-The Secretary shall have all necessary authority to implement the transition plan.

"(6) TRANSFER OF FUNDS.-On creation of the private successor entity, all funds held by the Department of the Treasury pursuant to this section shall be transferred to the private successor entity.

"(7) REPEAL.-On the date the Secretary publishes notice in the Federal Register that the transition plan is complete, this section is repealed.".

SEC. 817. FISHERIES.

(a) NORTON SOUND FISHERIES FAILURE.— (1) INCOME ELIGIBILITY.-Section 763(a) of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1999 (112 Stat. 268136), is amended by striking "federal poverty level" and inserting "income eligibility level established for Alaska under the temporary assistance to needy families (TANF) program funded under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.)".

(2) EMERGENCY ASSISTANCE.-Section 1124 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1999 (112 Stat. 268145), is amended by inserting before the period at the end the following: "or a fisheries failure in the Norton Sound region of Alaska that has resulted in the closure of commercial and subsistence fisheries to persons that depend on fish as their primary source of food and income".

(3) APPROPRIATION.—

(A) 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, to provide emergency disaster assistance to persons or entities affected by the 1999 fisheries failure in the Norton Sound region of Alaska.

(B) TRANSFER. To carry out this paragraph, the Secretary shall transfer to the Secretary of Commerce for obligation and expenditure

(i) $10,000,000 for fiscal year 2001 for grants 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);

(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.

(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 committed to the packer.

"(10) PRIOR SLAUGHTER WEEK.-The term 'prior slaughter week' means the Monday through Sunday prior to a reporting day.

"(11) PRODUCER.-The term 'producer' means any person engaged in the business of selling livestock to a packer for slaughter (including the sale of livestock from a packer to another packer).

“(12) REPORTING DAY.-The term 'reporting day' means a day on which—

"(A) a packer conducts business regarding livestock committed to the packer, or livestock purchased, sold, or slaughtered by the packer;

"(B) the Secretary is required to make information concerning the business described in subparagraph (A) available to the public; and

"(C) the Department of Agriculture is open to conduct business.

"(13) SECRETARY.-The term 'Secretary' means the Secretary of Agriculture.

"(14) STATE. The term 'State' means each of the 50 States.

"CHAPTER 2-CATTLE REPORTING

"SEC. 221. DEFINITIONS.

"In this chapter:

"(1) CATTLE COMMITTED.-The term 'cattle committed' means cattle that are scheduled to be delivered to a packer within the 7-day period beginning on the date of an agreement to sell the cattle.

"(2) CATTLE TYPE.-The term 'cattle type' means the following types of cattle purchased for slaughter:

"(A) Fed steers.

"(B) Fed heifers.

"(C) Fed Holsteins and other fed dairy steers and heifers.

"(D) Cows.

"(E) Bulls.

“(3) FORMULA MARKETING ARRANGEMENT.— The term 'formula marketing arrangement' means the advance commitment of cattle for slaughter by any means other than through a negotiated purchase or a forward contract, using a method for calculating price in which the price is determined at a future date.

"(4) FORWARD CONTRACT. The term 'forward contract' means

"(A) an agreement for the purchase of cattle, executed in advance of slaughter, under which the base price is established by reference to

"(i) prices quoted on the Chicago Mercantile Exchange; or

"(ii) other comparable publicly available prices; or

"(B) such other forward contract as the Secretary determines to be applicable.

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

"(A) the term includes only a cattle processing plant that is federally inspected;

"(B) for any calendar year, the term includes only a cattle processing plant that slaughtered an average of at least 125,000 head of cattle per year during the immediately preceding 5 calendar years; and

"(C) in the case of a cattle processing plant that did not slaughter cattle 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.

"(6) PACKER-OWNED CATTLE. The term 'packer-owned cattle' means cattle that a packer owns for at least 14 days immediately before slaughter.

"(7) TERMS OF TRADE.-The term 'terms of trade' includes, with respect to the purchase of cattle for slaughter

"(A) whether a packer provided any financing agreement or arrangement with regard to the cattle;

"(B) whether the delivery terms specified the location of the producer or the location. of the packer's plant;

"(C) whether the producer is able to unilaterally specify the date and time during the business day of the packer that the cattle are to be delivered for slaughter; and

"(D) the percentage of cattle purchased by a packer as a negotiated purchase that are delivered to the plant for slaughter more than 7 days, but fewer than 14 days, after the earlier of

"(i) the date on which the cattle were committed to the packer; or

"(ii) the date on which the cattle were purchased by the packer.

"(8) TYPE OF PURCHASE.-The term 'type of purchase', with respect to cattle, means— "(A) a negotiated purchase;

"(B) a formula market arrangement; and "(C) a forward contract.

"SEC. 222. MANDATORY REPORTING FOR LIVE CATTLE.

"(a) ESTABLISHMENT.-The Secretary shall establish a program of live cattle 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 cattle. slaughtering industry.

"(b) GENERAL REPORTING PROVISIONS APPLICABLE TO PACKERS AND THE SECRETARY."(1) IN GENERAL.-Whenever the prices or quantities of cattle are required to be reported or published under this section, the prices or quantities shall be categorized so as to clearly delineate

"(A) the prices or quantities, as applicable, of the cattle purchased in the domestic market; and

"(B) the prices or quantities, as applicable, of imported cattle.

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

"(c) DAILY REPORTING.—

"(1) IN GENERAL.-The corporate officers or officially designated representatives of each packer processing plant shall report to the Secretary at least twice each reporting day (including once not later than 10:00 a.m. Central Time and once not later than 2:00 p.m. Central Time) the following information for each cattle type:

"(A) The prices for cattle (per hundredweight) established on that day, categorized by

"(i) type of purchase;

"(ii) the quantity of cattle purchased on a live weight basis;

"(iii) the quantity of cattle purchased on a dressed weight basis;

“(iv) a range of the estimated live weights of the cattle purchased;

"(v) an estimate of the percentage of the cattle purchased that were of a quality grade of choice or better; and

"(vi) any premiums or discounts associated with

"(I) weight, grade, or yield; or

"(II) any type of purchase.

"(B) The quantity of cattle delivered to the packer (quoted in numbers of head) on that day, categorized by— "(i) type of purchase;

“(ii) the quantity of cattle delivered on a live weight basis; and

"(iii) the quantity of cattle delivered on a dressed weight basis.

"(C) The quantity of cattle committed to the packer (quoted in numbers of head) as of that day, categorized by

"(i) type of purchase;

"(ii) the quantity of cattle committed on a live weight basis; and

"(iii) the quantity of cattle committed on a dressed weight basis.

"(D) The terms of trade regarding the cattle, as applicable.

Secretary shall

"(2) PUBLICATION.-The make the information available to the public not less frequently than 3 times each reporting day.

"(d) WEEKLY REPORTING.

"(1) IN GENERAL.-The corporate officers or officially designated representatives of each packer processing plant shall report to the Secretary, on the first reporting day of each week, not later than 9:00 a.m. Central Time, the following information applicable to the prior slaughter week:

"(A) The quantity of cattle purchased through a forward contract that were slaughtered.

"(B) The quantity of cattle delivered under a formula marketing arrangement that were slaughtered.

"(C) The quantity and carcass characteristics of packer-owned cattle that were slaughtered.

"(D) The quantity, basis level, and delivery month for all cattle purchased through forward contracts that were agreed to by the parties.

"(E) The range and average of intended premiums and discounts that are expected to be in effect for the current slaughter week.

“(2) FORMULA PURCHASES.-The corporate officers or officially designated representatives of each packer processing plant shall report to the Secretary, on the first reporting day of each week, not later than 9:00 a.m. Central Time, the following information for cattle purchased through a formula marketing arrangement and slaughtered during the prior slaughter week:

"(A) The quantity (quoted in both numbers of head and hundredweights) of cattle.

"(B) The weighted average price paid for a carcass, including applicable premiums and discounts.

"(C) The range of premiums and discounts paid.

"(D) The weighted average of premiums and discounts paid.

"(E) The range of prices paid.

"(F) The aggregate weighted average price paid for a carcass.

"(G) The terms of trade regarding the cattle, as applicable. "(3) PUBLICATION.-The Secretary shall make available to the public the information obtained under paragraphs (1) and (2) on the first reporting day of the current slaughter week, not later than 10:00 a.m. Central Time. "(e) REGIONAL REPORTING OF CATTLE TYPES.

“(1) IN GENERAL.-The Secretary shall determine whether adequate data can be obtained on a regional basis for fed Holsteins and other fed dairy steers and heifers, cows, and bulls based on the number of packers required to report under this section.

"(2) REPORT.-Not later than 2 years after the date of enactment of this subtitle, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report on the determination of the Secretary under 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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Journal of the House of Representatives of the United States, Teil 2