Abbildungen der Seite
PDF
EPUB

“(ii) all slaughter data for the total num swine of the individual packer to correlate to “(B) the amount (in dollars per hundred ber of swine slaughtered, including

a common percent lean measurement; and pounds of carcass weight) paid to producers “(I) information concerning the net price, “(IX) the total slaughter quantity, which by the packer, by category. which shall be equal to the total amount shall be equal to the total number of swine “(2) PREMIUM LIST.-A packer shall mainpaid by a packer to a producer (including all slaughtered during the applicable reporting tain and make available to a producer, on repremiums, less all discounts) per hundred period, including all types of purchases and quest, a current listing of the dollar values pounds of carcass weight of swine delivered packer-owned swine; and

(per hundred pounds of carcass weight) of at the plant

"(iii) packer purchase commitments, each noncarcass merit premium used by the “(aa) including any sum deducted from the which shall be equal to the number of swine

packer during the current or the prior price per hundredweight paid to a producer scheduled for delivery to a packer for slaugh

slaughter week. that reflects the repayment of a balance ter for each of the next 14 calendar days.

"(3) AVAILABILITY.-A packer shall not be owed by the producer to the packer or the “(D) PUBLICATION.—The Secretary shall

required to pay a listed noncarcass merit accumulation of a balance to later be repaid publish the information obtained under this premium to a producer that meets the reby the packer to the producer; and paragraph in a prior day report not later

quirements for the premium if the need for “(bb) excluding any sum earlier paid to a than 8:00 a.m. Central Time on the reporting

swine in a given category is filled at a parproducer that must later be repaid to the day on which the information is received

ticular point in time. packer; from the packer.

"(4) PUBLICATION.-The Secretary shall “(II) information concerning the average “(2) MORNING REPORT.

publish the information obtained under this net price, which shall be equal to the “(A) IN GENERAL.-The corporate officers

subsection as soon as practicable, but not quotient (stated per hundred pounds of car or officially designated representatives of

later than 5:00 p.m. Central Time, on the cass weight of swine) obtained by dividing each packer processing plant shall report to

first reporting day of each week. “(aa) the total amount paid for the swine the Secretary not later than 10:00 a.m. Cen

“CHAPTER 4-LAMB REPORTING slaughtered at a packing plant during the tral Time each reporting day

"SEC. 241. MANDATORY REPORTING FOR LAMBS. applicable reporting period, including all "(i) the packer's best estimate of the total "(a) ESTABLISHMENT.-The Secretary may premiums and discounts, and including any number of swine, and packer-owned swine, establish a program of mandatory lamb price sum deducted from the price per hundred expected to be purchased throughout the re information reporting that will weight paid to a producer that reflects the porting day through each type of purchase; “(1) provide timely, accurate, and reliable repayment of a balance owed by the producer “(ii) the total number of swine, and pack market information; to the packer, or the accumulation of a bal er-owned swine, purchased up to that time of “(2) facilitate more informed marketing ance to later be repaid by the packer to the the reporting day through each type of pur

decisions; and producer, less all discounts; by chase;

“(3) promote competition in the lamb “(bb) the total carcass weight (in hundred “(iii) the base price paid for all base mar

slaughtering industry. pound increments) of the swine; ket hogs purchased up to that time of the re

"(b) NOTICE AND COMMENT.-If the Sec“(III) information concerning the lowest porting day through negotiated purchases;

retary establishes a mandatory price reportnet price, which shall be equal to the lowest and

ing program under subsection (a), the Secnet price paid for a single lot or a group of “(iv) the base price paid for all base mar

retary shall provide an opportunity for comswine slaughtered at a packing plant during ket hogs purchased through each type of pur

ment on proposed regulations to establish the applicable reporting period per hundred chase other than negotiated purchase up to

the program during the 30-day period beginpounds of carcass weight of swine; that time of the reporting day, unless such

ning on the date of the publication of the "(IV) information concerning the highest information is unavailable due to pricing

proposed regulations. net price, which shall be equal to the highest that is determined on a delayed basis.

“CHAPTER 5-ADMINISTRATION net price paid for a single lot or group of “(B) PUBLICATION.—The Secretary shall "SEC. 251. GENERAL PROVISIONS. swine slaughtered at a packing plant during publish the information obtained under this “(a) CONFIDENTIALITY.-The Secretary the applicable reporting period per hundred paragraph in the morning report as soon as shall make available to the public informapounds of carcass weight of swine; practicable, but not later than 11:00 a.m.

tion, statistics, and documents obtained “(V) the average carcass weight, which Central Time, on each reporting day.

from, or submitted by, packers, retail entishall be equal to the quotient obtained by “(3) AFTERNOON REPORT.

ties, and other persons under this subtitle in dividing

“(A) IN GENERAL.—The corporate officers a manner that ensures that confidentiality is “(aa) the total carcass weight of the swine or officially designated representatives of preserved regardingslaughtered at the packing plant during the each packer processing plant shall report to

"(1) the identity of persons, including parapplicable reporting period; by the Secretary not later than 2:00 p.m. Cen

ties to a contract; and “(bb) the number of the swine described in tral Time each reporting day

"(2) proprietary business information. item (aa);

“(i) the packer's best estimate of the total

“(b) DISCLOSURE BY FEDERAL GOVERNMENT

EMPLOYEES.adjusted for special slaughter situations

number of swine, and packer-owned swine, (such as skinning or foot removal), as the expected to be purchased throughout the re

“(1) IN GENERAL.-Subject to paragraph (2), Secretary determines necessary to render porting day through each type of purchase;

no officer, employee, or agent of the United comparable carcass weights;

States shall, without the consent of the

"(ii) the total number of swine, and pack(VI) the average sort loss, which shall be er-owned swine, purchased up to that time of

packer or other person concerned, divulge or equal to the average discount (in dollars per

make known in any manner, any facts or inthe reporting day through each type of pur

formation regarding the business of the hundred pounds carcass weight) for swine

chase;
“(iii) the base price paid for all base mar-

packer or other person that was acquired slaughtered during the applicable reporting period, resulting from the fact that the ket hogs purchased up to that time of the re

through reporting required under this sub

title. swine did not fall within the individual packporting day through negotiated purchases;

“(2) EXCEPTIONS.-Information obtained by er's established carcass weight or lot vari

and ation range;

“(iv) the base price paid for all base mar

the Secretary under this subtitle may be

disclosed“(VII) the average backfat, which shall be

ket hogs purchased up to that time of the reequal to the average of the backfat thickness porting day through each type of purchase

“(A) to agents or employees of the Depart(in inches) measured between the third and

ment of Agriculture in the course of their ofother than negotiated purchase, unless such fourth from the last ribs, 7 centimeters from information is unavailable due to pricing

ficial duties under this subtitle; the carcass split (or adjusted from the indithat is determined on a delayed basis.

“(B) as directed by the Secretary or the

Attorney General, for enforcement purposes; vidual packer's measurement to that ref

“(B) PUBLICATION.—The Secretary shall erence point using an adjustment made by

publish the information obtained under this
paragraph in the afternoon report as soon as

“(C) by a court of competent jurisdiction. the Secretary of the swine slaughtered during the applicable reporting period; practicable, but not later than 3:00 p.m. Cen

“(3) DISCLOSURE UNDER FRÉEDOM OF INFOR“(VIII) the average lean percentage, which tral Time, on each reporting day.

MATION ACT.-Notwithstanding any other

provision of law, no facts or information obshall be equal to the average percentage of “(d) WEEKLY NONCARCASS MERIT PREMIUM

tained under this subtitle shall be disclosed the carcass weight comprised of lean meat REPORT.

in accordance with section 552 of title 5, for the swine slaughtered during the applica “(1) IN GENERAL.-Not later than 4:00 p.m. United States Code. ble reporting period, except that when a Central Time on the first reporting day of "(c) REPORTING BY PACKERS.-A packer packer is required to report the average lean each week, the corporate officers or offi shall report all information required under percentage under this subclause, the packer cially designated representatives of each this subtitle on an individual lot basis. shall make available to the Secretary the packer processing plant shall report to the "(d) REGIONAL REPORTING AND AGGREGAunderlying data, applicable methodology and Secretary a noncarcass merit premium re TION.—The Secretary shall make information formulae, and supporting materials used to port that lists

obtained under this subtitle available to the determine the average lean percentage, “(A) each category of standard noncarcass public only in a manner that, which the Secretary may convert to the car merit premiums used by the packer in the “(1) ensures that the information is pubcass measurements or lean percentage of the prior slaughter week; and

lished on a national and a regional or state

or

wide basis as the Secretary determines to be appropriate;

“(2) ensures that the identity of a reporting person is not disclosed; and

“(3) conforms to aggregation guidelines established by the Secretary.

“(e) ADJUSTMENTS.—Prior to the publication of any information required under this subtitle, the Secretary may make reasonable adjustments in information reported by packers to reflect price aberrations or other unusual or unique occurrences that the Secretary determines would distort the published information to the detriment of producers, packers, or other market participants.

“(f) VERIFICATION.-The Secretary shall take such actions as the Secretary considers necessary to verify the accuracy of the information submitted or reported under chapter 2, 3, or 4.

“(g) ELECTRONIC REPORTING AND PUBLISHING.–The Secretary shall, to the maximum extent practicable, provide for the reporting and publishing of the information required under this subtitle by electronic means.

“(h) REPORTING OF ACTIVITIES ON WEEKENDS AND HOLIDAYS.

“(1) IN GENERAL.-Livestock committed to a packer, or purchased, sold, or slaughtered by a packer, on a weekend day or holiday shall be reported by the packer to the Secretary (to the extent required under this subtitle), and reported by the Secretary, on the immediately following reporting day.

“(2) LIMITATION ON REPORTING BY PACKERS.-A packer shall not be required to report actions under paragraph (1) more than once on the immediately following reporting day.

“(i) EFFECT ON OTHER LAWS.-Nothing in this subtitle, the Livestock Mandatory Reporting Act of 1999, or amendments made by that Act restricts or modifies the authority of the Secretary to

“(1) administer or enforce the Packers and Stockyards Act, 1921 (7 U.S.C. 181 et seq.);

"(2) administer, enforce, or collect voluntary reports under this title or any other law; or

"(3) access documentary evidence as provided under sections 9 and 10 of the Federal Trade Commission Act (15 U.S.C. 49, 50). “SEC. 252. UNLAWFUL ACTS.

“It shall be unlawful and a violation of this subtitle for any packer or other person subject to this subtitle (in the submission of information required under chapter 2, 3, or 4,

determined by the Secretary) to willfully

"(1) fail or refuse to provide, or delay the timely reporting of, accurate information to the Secretary (including estimated information);

"(2) solicit or request that a packer, the buyer or seller of livestock or livestock products, or any other person fail to provide, as a condition of any transaction, accurate or timely information required under this subtitle;

“(3) fail or refuse to comply with this subtitle; or

“(4) report estimated information in any report required under this subtitle in a manner that demonstrates a pattern of significant variance in accuracy when compared to the actual information that is reported for the same reporting period, or as determined by any audit, oversight, or other verification procedures of the Secretary. "SEC. 253. ENFORCEMENT.

“(a) CIVIL PENALTY.

“(1) IN GENERAL.-Any packer or other person that violates this subtitle may be assessed a civil penalty by the Secretary of not more than $10,000 for each violation.

“(2) CONTINUING VIOLATION.—Each day during which a violation continues shall be considered to be a separate violation.

“(3) FACTORS.—In determining the amount of a civil penalty to be assessed under paragraph (1), the Secretary shall consider the gravity of the offense, the size of the business involved, and the effect of the penalty on the ability of the person that has committed the violation to continue in business.

“(4) MULTIPLE VIOLATIONS.-In determining whether to assess a civil penalty under paragraph (1), the Secretary

Secretary shall consider whether a packer or other person subject to this subtitle has engaged in a pattern of errors, delays, or omissions in violation of this subtitle.

“(b) CEASE AND DESIST.-In addition to, or in lieu of, a civil penalty under subsection (a), the Secretary may issue an order to cease and desist from continuing any violation.

"(c) NOTICE AND HEARING.—No penalty shall be assessed, or cease and desist order issued, by the Secretary under this section unless the person against which the penalty is assessed or to which the order is issued is given notice and opportunity for a hearing before the Secretary with respect to the violation.

“(d) FINALITY AND JUDICIAL REVIEW.

“(1) IN GENERAL.-The order of the Secretary assessing a civil penalty or issuing a cease and desist order under this section shall be final and conclusive unless the affected person files an appeal of the order of the Secretary in United States district court not later than 30 days after the date of the issuance of the order.

“(2) STANDARD OF REVIEW.—A finding of the Secretary under this section shall be set aside only if the finding is found to be unsupported by substantial evidence.

“(e) ENFORCEMENT.

“(1) IN GENERAL.-If, after the lapse of the period allowed for appeal or after the affirmance of a penalty assessed under this section, the person against which the civil penalty is assessed fails to pay the penalty, the Secretary may refer the matter to the Attorney General who may recover the penalty by an action in United States district court.

“(2) FINALITY.-In the action, the final order of the Secretary shall not be subject to review

“(f) INJUNCTION OR RESTRAINING ORDER.

“(1) IN GENERAL.-If the Secretary has reason to believe that any person subject to this subtitle has failed or refused to provide the Secretary information required to be reported pursuant to this subtitle, and that it would be in the public interest to enjoin the person from further failure to comply with the reporting requirements, the Secretary may notify the Attorney General of the failure.

“(2) ATTORNEY GENERAL.—The Attorney General may apply to the appropriate district court of the United States for a temporary or permanent injunction or restraining order.

“(3) COURT.-When needed to carry out this subtitle, the court shall, on a proper showing, issue a temporary injunction or straining order without bond.

“(g) FAILURE TO OBEY ORDERS.

“(1) IN GENERAL.-If a person subject to this subtitle fails to obey a cease and desist or civil penalty order issued under this subsection after the order has become final and unappealable, or after the appropriate United States district court has entered a final judgment in favor of the Secretary, the United States may apply to the appropriate district court for enforcement of the order.

“(2) ENFORCEMENT.-If the court determines that the order was lawfully made and duly served and that the person violated the order, the court shall enforce the order.

“(3) CIVIL PENALTY.-If the court finds that the person violated the cease and desist provisions of the order, the person shall be subject to a civil penalty of not more than $10,000 for each offense. “SEC. 254. FEES.

“The Secretary shall not charge or assess a user fee, transaction fee, service charge, assessment, reimbursement, or any other fee for the submission or reporting of information, for the receipt or availability of, or access to, published reports or information, or for any other activity required under this subtitle. “SEC. 255. RECORDKEEPING.

“(a) IN GENERAL.-Subject to subsection (b), each packer required to report information to the Secretary under this subtitle shall maintain, and make available to the Secretary on request, for 2 years

“(1) the original contracts, agreements, receipts and other records associated with any transaction relating to the purchase, sale, pricing, transportation, delivery, weighing, slaughter, or carcass characteristics of all livestock; and

“(2) such records or other information as is necessary or appropriate to verify the accuracy of the information required to be reported under this subtitle.

“(b) LIMITATIONS.—Under subsection (a)(2), the Secretary may not require a packer to provide new or additional information if

“(1) the information is not generally available or maintained by packers; or

“(2) the provision of the information would be unduly burdensome.

“(c) PURCHASES OF CATTLE OR SWINE.—A record of a purchase of a lot of cattle or a lot of swine by a packer shall evidence whether the purchase occurred

“(1) before 10:00 a.m. Central Time;

“(2) between 10:00 a.m. and 2:00 p.m. Central Time; or

“(3) after 2:00 p.m. Central Time. “SEC. 256. VOLUNTARY REPORTING.

“The Secretary shall encourage voluntary reporting by packers (as defined in section 201 of the Packers and Stockyards Act, 1921 (7 U.S.C. 191)) to which the mandatory reporting requirements of this subtitle do not apply. “SEC. 257. PUBLICATION OF INFORMATION ON

RETAIL PURCHASE PRICES FOR

REPRESENTATIVE MEAT PRODUCTS. "(a) IN GENERAL.-Beginning not later than 90 days after the date of enactment of this subtitle, the Secretary shall compile and publish at least monthly (weekly, if practicable) information on retail prices for representative food products made from beef, pork, chicken, turkey, veal, or lamb.

“(b) INFORMATION.-The report published by the Secretary under subsection (a) shall include

"(1) information on retail prices for each representative food product described in subsection (a); and

“(2) information on total sales quantity (in pounds and dollars) for each representative food product.

"(c) MEAT PRICE SPREADS REPORT.-During the period ending 2 years after the initial publication of the report required under subsection (a), the Secretary shall continue to publish the Meat Price Spreads Report in the same manner as the Report was published before the date of enactment of this subtitle.

“(d) INFORMATION COLLECTION.

“(1) IN GENERAL.-To ensure the accuracy of the reports required under subsection (a), the Secretary shall obtain the information for the reports from 1 or more sources including

“(A) a consistently representative set of retail transactions; and

"(B) both prices and sales quantities for the transactions.

as

re

“(2) SOURCE OF INFORMATION.—The Sec

Subtitle B-Related Beef Reporting tractor to conduct a correlation study and retary may

Provisions

prepare a report establishing a baseline and (A) obtain the information from retailers SEC. 921. BEEF EXPORT REPORTING.

standards for determining and improving avor commercial information sources; and

Section 602(a)(1) of the Agricultural Trade erage trim loss measurements and processing “(B) use valid statistical sampling proce Act of 1978 (7 U.S.C. 5712(a)(1)) is amended by techniques for pork processors to employ in dures, if necessary. inserting“, beef,” after “cotton”.

the slaughter of swine. "(3) ADJUSTMENTS.-In providing informaSEC. 922. EXPORT CERTIFICATES FOR MEAT AND

(b) CORRELATION STUDY AND REPORT.—The tion on retail prices under this section, the

MEAT FOOD PRODUCTS.

study and report shallSecretary may make adjustments to take Not later than 1 year after the date of en (1) analyze processing techniques that into account differences in

actment of this Act, the Secretary of Agri would assist the pork processing industry in “(A) the geographic location of consump culture shall fully implement a program, improving procedures for uniformity and tion;

through the use of a streamlined electronic transparency in how trim loss is discounted “(B) the location of the principal source of online system, to issue and report export (in dollars per hundred pounds carcass supply;

certificates for all meat and meat products. weight) by different packers and processors; "(C) distribution costs; and

SEC. 923. IMPORTS OF BEEF, BEEF VARIETY (2) analyze slaughter inspection procedures “(D) such other factors as the Secretary

MEATS, AND CATTLE.

that could be improved so that trimming determines reflect a verifiable comparative (a) IN GENERAL.-The Secretary of Agri procedures and policies of the Secretary are retail price for a representative food prod culture shall

uniform to the maximum extent determined uct.

(1) obtain information regarding the im practicable by the Secretary; (e) ADMINISTRATION.--The Secretary

port of beef and beef variety meats (con (3) determine how the Secretary may be “(1) shall collect information under this

sistent with the information categories re able to foster improved breeding techniques section only on a voluntary basis; and

ported for beef exports under section 602(a) of and animal handling and transportation pro“(2) shall not impose a penalty on a person the Agricultural Trade Act of 1978 (7 U.S.C. cedures through training programs made for failure to provide the information or oth 5712(a))) and cattle using available informa available to swine producers so as to minierwise compel a person to provide the infortion sources; and

mize trim loss in slaughter processing; and mation.

(2) publish the information in a timely

(4) make recommendations that are de“SEC. 258. SUSPENSION AUTHORITY REGARDING manner weekly and in a form that maxi

signed to effect changes in the pork industry SPECIFIC TERMS OF PRICE REPORT

mizes the utility of the information to beef ING REQUIREMENTS.

so as to achieve continuous improvement in producers, packers, and other market par“(a) IN GENERAL.--The Secretary may sus

average trim losses and discounts. ticipants. pend any requirement of this subtitle if the

(C) SUBSEQUENT REPORTS ON STATUS OF IM

(b) CONTENT.-The published information Secretary determines that application of the

PROVEMENTS AND UPDATES IN BASELINE.-Not shall include information reporting the yearrequirement is inconsistent with the pur

less frequently than once every 2 years after to-date cumulative annual imports of beef, poses of this subtitle.

the initial publication of the report required beef variety meats, and cattle for the cur“(b) SUSPENSION PROCEDURE.

under this section, the Secretary shall make rent and prior marketing years. "(1) PERIOD.-A suspension under sub

subsequent periodic reports that, SEC. 924. AUTHORIZATION OF APPROPRIATIONS. section (a) shall be for a period of not more

(1) examine the status of the improvement

There are authorized to be appropriated than 240 days.

in reducing trim loss discounts in the pork such sums as are necessary to carry out sec“(2) ACTION BY CONGRESS.-If an Act of Con

processing industry; and tions 922 and 923. gress concerning the requirement that is the

(2) update the baseline to reflect changes

Subtitle C-Related Swine Reporting subject of the suspension under subsection

in trim loss discounts.

Provisions (a) is not enacted by the end of the period of

(d) SUBMISSION OF REPORTS TO CONGRESS, the suspension established under paragraph

SEC. 931. IMPROVEMENT OF HOGS AND PIGS IN PRODUCERS, PACKERS, AND OTHERS.—The re

VENTORY REPORT. (1), the Secretary shall implement the re

ports required under this section shall be quirement.

(a) IN GENERAL.-Effective beginning not

made available to“SEC. 259. FEDERAL PREEMPTION.

later than 90 days after the date of enact (1) the public on the Internet; “In order to achieve the goals, purposes,

ment of this Act, the Secretary of Agri (2) the Committee on Agriculture of the and objectives of this title on a nationwide

culture shall publish on a monthly basis the House of Representatives;

Hogs and Pigs Inventory Report. basis and to avoid potentially conflicting

(3) the Committee on Agriculture, Nutri

(b) GESTATING Sows.—The Secretary shall State laws that could impede the goals, pur

tion, and Forestry of the Senate; include in a separate category of the Report poses, or objectives of this title, no State or

(4) producers and packers; and the number of bred female swine that are aspolitical subdivision of a State may impose a

(5) other market participants. sumed, or have been confirmed, to be pregrequirement that is in addition to, or incon

SEC. 934. SWINE PACKER MARKETING CONnant during the reporting period. sistent with, any requirement of this sub

TRACTS. (C) PHASE-OUT.-Effective for a period of 8 title with respect to the submission or re quarters after the implementation of the

Title II of the Packers and Stockyards Act, porting of information, or the publication of monthly report required under subsection

1921 (7 U.S.C. 191 et seq.) is amendedsuch information, on the prices and quan(a), the Secretary shall continue to maintain

(1) by inserting before section 201 (7 U.S.C. tities of livestock or livestock products.”. and publish on a quarterly basis the Hogs

191) the following: SEC. 912. UNJUST DISQUALIFICATION. and Pigs Inventory Report published on or

“Subtitle A-General Provisions"; Section 202(b) of the Packers and Stock before the date of enactment of this Act.

and yards Act, 1921 (7 U.S.C. 192(b)), is amended SEC. 932. BARROW AND GILT SLAUGHTER.

(2) by adding at the end the following: by striking “whatsoever” each place it ap (a) IN GENERAL.—The Secretary of Agri

"Subtitle B—Swine Packer Marketing pears. culture shall promptly obtain and maintain,

Contracts SEC. 913. CONFORMING AMENDMENTS.

through an appropriate collection system or (a) Section 416 of the Packers and Stock

"SEC. 221. DEFINITIONS. valid sampling system at packing plants, inyards Act, 1921 (7 U.S.C. 229a), is repealed. formation on the total slaughter of swine

“Except as provided in section 223(a), in (b) Section 1127 of the Agriculture, Rural that reflects differences in numbers between

this subtitle: Development, Food and Drug Administrabarrows and gilts, as determined by the Sec

“(1) MARKET.-The term 'market' means tion, and Related Agencies Appropriations retary.

the sale or disposition of swine, pork, or Act, 1999 (7 U.S.C. 1421 note; Public Law 105– (b) AVAILABILITY.-The information shall pork products in commerce. 277), is amended

be made available to swine producers, pack “(2) PACKER.—The term 'packer' has the (1) by striking subsection (b) and inserting ers, and other market participants in a re

meaning given the term in section 231 of the the following: port published by the Secretary not less fre

Agricultural Marketing Act of 1946. “(b) EXPORT MARKET REPORTING.–The Secquently than weekly.

“(3) PORK.—The term 'pork' means the retary shall

(C) ADMINISTRATION.

meat of a porcine animal. “(1) implement a streamlined electronic (1) IN GENERAL.—The Secretary shall ad “(4) PORK PRODUCT.-The term 'pork prodsystem for collecting export sales and ship minister the collection and compilation of uct means a product or byproduct produced ments data, in the least intrusive manner information, and the publication of the re or processed in whole or in part from pork. possible, for fresh or frozen muscle cuts of port, required by this section.

“(5) STATE.—The term 'State' means each meat food products; and

(2) NONDELEGATION.—The Secretary shall of the 50 States. “(2) develop a data-reporting program to not delegate the collection, compilation, or “(6) SWINE.—The term 'swine' means a pordisseminate summary information in a time administration of the information required cine animal raised to be a feeder pig, raised ly manner (in the case of beef, consistent by this section to any packer (as defined in for seedstock, or raised for slaughter. with the reporting under section 602(a) of the section 201 of the Packers and Stockyards (7) TYPE OF CONTRACT.-The term 'type of Agricultural Trade Act of 1978 (7 U.S.C. Act, 1921 (7 U.S.C. 191)).

contract' means the classification of con5712(a)))."; and

SEC. 933. AVERAGE TRIM LOSS CORRELATION tracts or risk management agreements for (2) in subsection (c), by striking “this sec

STUDY AND REPORT.

the purchase of swine bytion of the Act” and inserting “subsection (a) IN GENERAL.—The Secretary of Agri “(A) the mechanism used to determine the (b)".

culture shall contract with a qualified con base price for swine committed to a packer,

grouped into practicable classifications by
the Secretary (including swine or pork mar-
ket formula purchases, other market for-
mula purchases, and other purchase arrange-
ments); and

“(B) the presence or absence of an accrual
account or ledger that must be repaid by the
producer or packer that receives the benefit
of the contract pricing mechanism in rela-
tion to negotiated prices.

“(8) OTHER TERMS.—Except as provided in
this subtitle, a term has the meaning given
the term in section 212 or 231 of the Agricul-
tural Marketing Act of 1946.

“SEC. 222. SWINE PACKER MARKETING CON.

TRACTS OFFERED TO PRODUCERS.

(a) IN GENERAL.-Subject to the avail-
ability of appropriations to carry out this
section, the Secretary shall establish and
maintain a library or catalog of each type of
contract offered by packers to swine pro-
ducers for the purchase of all or part of the
producers' production of swine (including
swine that are purchased or committed for
delivery), including all available noncarcass
merit premiums.

"(b) AVAILABILITY.-The Secretary shall

make available to swine producers and other

interested persons information on the types

of contracts described in subsection (a), in-

cluding notice (on a real-time basis if prac-

ticable) of the types of contracts that are

being offered by each individual packer to,

and are open to acceptance by, producers for

the purchase of swine.

"(c) CONFIDENTIALITY.-The reporting re-

quirements under subsections (a) and (b)
shall be subject to the confidentiality pro-
tections provided under section 251 of the
Agricultural Marketing Act of 1946.

“(d) INFORMATION COLLECTION.-
“(1) IN GENERAL.—The Secretary shall-

“(A) obtain (by a filing or other procedure
required of each individual packer) informa-
tion indicating what types of contracts for
the purchase of swine are available from
each packer; and

“(B) make the information available in a
monthly report to swine producers and other
interested persons.

“(2) CONTRACTED SWINE NUMBERS.-Each

packer shall provide, and the Secretary shall

collect and publish in the monthly report re-

quired under paragraph (1)(B), information

specifying-

“(A) the types of existing contracts for

each packer;

"(B) the provisions contained in each con-

tract that provide for expansion in the num-

bers of swine to be delivered under the con-

tract for the following 6-month and 12-month

periods;

“(C) an estimate of the total number of

swine committed by contract for delivery to

all packers within the 6-month and 12-month

periods following the date of the report, re-

ported by reporting region and by type of

contract; and

“(D) an estimate of the maximum total

number of swine that potentially could be

delivered within the 6-month and 12-month

periods following the date of the report

under the provisions described in subpara-

graph (B) that are included in existing con-

tracts, reported by reporting region and by

type of contract.

“(e) VIOLATIONS.—It shall be unlawful and

a violation of this title for any packer to
willfully fail or refuse to provide to the Sec-
retary accurate information required under,
or to willfully fail or refuse to comply with
any requirement of, this section.

“(f) AUTHORIZATION OF APPROPRIATIONS.—
There are authorized to be appropriated such
sums as necessary to carry out this section.

“SEC. 223. REPORT ON THE SECRETARY'S JURIS-

DICTION, POWER, DUTIES, AND AU-

THORITIES.
“(a) DEFINITION OF PACKER.-In this sec-

tion, the term “packer' has the meaning

given the term in section 201 of the Packers

and Stockyards Act, 1921 (7 U.S.C. 191).

“(b) REPORT.-Not later than 90 days after

the date of enactment of this subtitle, the

Comptroller General of the United States

shall provide to the Committee on Agri-

culture of the House of Representatives and

the Committee on Agriculture, Nutrition,
and Forestry of the Senate a report describ-
ing the jurisdiction, powers, duties, and au-
thorities of the Secretary that relate to
packers and other persons involved in pro-
curing, slaughtering, or processing swine,
pork, or pork products that are covered by
this Act and other laws, including-

“(1) the Federal Trade Commission Act (15

U.S.C. 41 et seq.), especially sections 6, 8, 9,

and 10 of that Act (15 U.S.C. 46, 48, 49, 50); and

“(2) the Agricultural Marketing Act of 1946

(7 U.S.C. 1621 et seq.).

"(C) CONTENTS.-The Comptroller General

shall include in the report an analysis of,

“(1) burdens on and obstructions to com-

merce in swine, pork, and pork products by

packers, and other persons that enter into

arrangements with the packers, that are

contrary to, or do not protect, the public in-

terest;

“(2) noncompetitive pricing arrangements

between or among packers, or other persons

involved in the processing, distribution, or

sale of pork and pork products, including ar-

rangements provided for in contracts for the

purchase of swine;

“(3) the effective monitoring of contracts

entered into between packers and swine pro-

ducers;

"(4) investigations that relate to, and af-

fect, the disclosure of-

“(A) transactions involved in the business

conduct and practices of packers; and

"(B) the pricing of swine paid to producers

by packers and the pricing of products in the

pork and pork product merchandising chain;

“(5) the adequacy of the authority of the

Secretary to prevent a packer from unjustly

or arbitrarily refusing to offer a producer, or

disqualifying a producer from eligibility for,

a particular contract or type of contract for

the purchase of swine; and

“(6) the ability of the Secretary to cooper-

ate with and enhance the enforcement of ac-

tions initiated by other Federal departments

and agencies, or Federal independent agen-

cies, to protect trade and commerce in the

pork and pork product industries against un-

lawful restraints and monopolies.".

SEC. 935. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated

such sums as are necessary to carry out this

subtitle and the amendments made by this

subtitle.

Subtitle D-Implementation

SEC. 941. REGULATIONS.

(a) IN GENERAL.-Not later than 180 days

after the date of enactment of this Act, the

Secretary of Agriculture shall publish final

regulations to implement this title and the

amendments made by this title.

(b) PUBLICATION OF PROPOSED REGULA-

TIONS.—Not later than 90 days after the date

of enactment of this Act, the Secretary shall

publish proposed regulations to implement

this title and the amendments made by this

title.

(c) COMMENT PERIOD.-The Secretary shall

provide an opportunity for comment on the

proposed regulations during the 30-day pe-

riod beginning on the date of the publication

of the proposed regulations.

(d) FINAL REGULATIONS.—Not later than 60

days after the conclusion of the comment pe-

riod, the Secretary shall publish the final

regulations and implement this title and the

amendments made by this title.

SEC. 942. TERMINATION OF AUTHORITY.

The authority provided by this title and

the amendments made by this title termi-

nate 5 years after the date of enactment of

this Act.

This Act may be cited as the “Agriculture,

Rural Development, Food and Drug Adminis-

tration, and Related Agencies Appropria-

tions Act, 2000”.

And the Senate agree to the same.

JOE SKEEN,

JAY DICKEY,

JACK KINGSTON,

HENRY BONILLA,

TOM LATHAM,

JO ANN EMERSON,

BILL YOUNG,

SAM FARR,

ALLEN BOYD,

DAVID R. OBEY,

Managers on the Part of the House.

THAD COCHRAN,

CHRISTOPHER S. BOND,

SLADE GORTON,

MITCH MCCONNELL,

CONRAD BURNS,

TED STEVENS,

HERB KOHL,

DIANNE FEINSTEIN,

ROBERT BYRD,

Managers on the Part of the Senate.

When said conference report was con-

sidered.

After debate,

By unanimous consent, the previous

question was ordered on the conference

report to its adoption or rejection.

Ms. KAPTUR moved to recommit the

conference report on H.R. 1906 to the

committee of conference.

By unanimous consent, the previous

question was ordered on the motion to

recommit.

The question being put, viva voce,

Will the House recommit said con-

ference report?

The SPEAKER pro tempore, Mr. BE-

REUTER, announced that the nays had

it.

Ms. KAPTUR objected to the vote on

the ground that a quorum was not

present and not voting.

A quorum not being present,

The roll was called under clause 6,

rule XX, and the call was taken by

electronic device.

Yeas ... 187

When there appeared

Nays 228

[blocks in formation]

Hilliard
Hinchey
Hoeffel
Holden
Holt
Hoyer
Inslee
Istook
Jackson (IL)
Jackson-Lee

(TX)
John
Johnson, E. B.
Jones (OH)
Kanjorski
Kaptur
Kennedy
Kildee
Kilpatrick
King (NY)
Klink
Kucinich
La Falce
Lampson
Lantos
Larson
Lee
Lewis (GA)
Lipinski
LoBiondo
Lofgren
Lowey
Luther
Maloney (CT)
Maloney (NY)
Markey
Martinez
Mascara
Matsui
McCarthy (MO)

McCarthy (NY)
McDermott
McGovern
McHugh
McIntyre
McKinney
McNulty
Meehan
Meek (FL)
Menendez
Millender-

McDonald
Miller, George
Minge
Moakley
Moore
Moran (VA)
Murtha
Nadler
Napolitano
Neal
Norwood
Oberstar
Olver
Ortiz
Owens
Pallone
Pascrell
Pastor
Payne
Pelosi
Peterson (MN)
Phelps
Pomeroy
Price (NC)
Rangel
Rivers
Roemer
Rothman
Roukema

Roybal-Allard
Sabo
Sanchez
Sanders
Sawyer
Saxton
Schakowsky
Serrano
Sherman
Sherwood
Shows
Shuster
Skelton
Slaughter
Smith (NJ)
Smith (WA)
Spratt
Stark
Strickland
Sweeney
Tauscher
Taylor (MS)
Thompson (MS)
Thurman
Tierney
Toomey
Towns
Turner
Udall (CO)
Udall (NM)
Velazquez
Vento
Visclosky
Vitter
Waters
Watt (NC)
Weiner
Weygand
Woolsey
Wynn

Royce

Smith (TX) Tiahrt
Ryan (WI)
Snyder

Traficant
Ryun (KS)
Souder

Upton
Salmon
Spence

Walden
Sandlin
Stabenow

Walsh
Sanford
Stearns

Wamp
Schaffer
Stenholm

Watkins
Scott
Stump

Watts (OK)
Sensenbrenner Sununu

Weldon (PA)
Sessions
Talent

Weller
Shadegg
Tancredo

Wexler
Shaw
Tanner

Whitfield
Shays
Tauzin

Wicker
Shimkus
Terry

Wilson
Simpson
Thomas

Wise
Sisisky

Thompson (CA) Wolf
Skeen

Thornberry Young (AK)
Smith (MI) Thune

Young (FL)
NOT VOTING-18
Berman
Hinojosa

Scarborough
Boucher
Hooley

Stupak
Carson
Jefferson

Taylor (NC)
Chenoweth
Levin

Waxman
Clay

Meeks (NY) Weldon (FL)
Ford
Rush

Wu
So the motion to recommit the con-
ference report to the committee of con-
ference was not agreed to.

The question being put, viva voce,

Will the House agree to said conference report?

The SPEAKER pro tempore, Mr. PEASE, announced that pursuant to clause 10 of rule XX the yeas and nays were ordered.

The vote was taken by electronic device.

The question being put,

Will the House agree to said conference report?

The SPEAKER pro tempore, Mr. PEASE, announced that pursuant to clause 10 of rule XX the yeas and nays were ordered, and the call was taken by electronic device.

It was decided in the s Yeas 240 affirmative

Nays 175

LaHood
Lampson
Largent
Latham
La Tourette
Leach
Lewis (CA)
Lewis (KY)
Linder
Lucas (KY)
Lucas (OK)
Manzullo
McCarthy (MO)
McCollum
McCrery
McInnis
McIntosh
McIntyre
McKeon
Menendez
Metcalf
Mica
Miller, Gary
Minge
Mink
Mollohan
Moore
Moran (KS)
Morella
Myrick
Nethercutt
Ney
Northup
Nussle
Obey
Ortiz
Ose
Oxley
Packard

Pastor
Pease
Petri
Phelps
Pickering
Pickett
Pombo
Pomeroy
Porter
Portman
Price (NC)
Pryce (OH)
Radanovich
Rahall
Ramstad
Regula
Reyes
Riley
Rodriguez
Roemer
Rogan
Rogers
Ros-Lehtinen
Ryan (WI)
Ryun (KS)
Sabo
Sanchez
Sandlin
Schaffer
Schakowsky
Scott
Sessions
Shadegg
Shimkus
Shows
Simpson
Sisisky
Skeen
Skelton

Smith (MI)
Smith (TX)
Smith (WA)
Snyder
Souder
Spence
Spratt
Stabenow
Stenholm
Strickland
Stump
Talent
Tanner
Tauzin
Terry
Thomas
Thompson (CA)
Thompson (MS)
Thornberry
Thune
Tiahrt
Towns
Traficant
Turner
Udall (NM)
Walden
Wamp
Watkins
Watt (NC)
Watts (OK)
Weller
Wexler
Whitfield
Wicker
Wilson
Wise
Wolf
Young (AK)
Young (FL)

(106.13

Aderholt
Archer
Armey
Bachus
Baker
Baldwin
Ballenger
Barr
Barrett (NE)
Barrett (WI)
Barton
Bass
Bateman
Bereuter
Berry
Biggert
Bilbray
Bilirakis
Bliley
Blunt
Boehner
Bonilla
Bono
Boswell
Brady (TX)
Bryant
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Cannon
Capuano
Castle
Chabot
Chambliss
Coble
Coburn
Collins
Combest
Cook
Cooksey
Cox
Crane
Cubin
Cunningham
Davis (VA)
Deal
DeLay
DeMint
Diaz-Balart
Dickey
Dooley
Doolittle
Dreier

NAYS-228
Duncan
Dunn
Edwards
Ehlers
Emerson
Everett
Ewing
Fletcher
Fossella
Fowler
Frelinghuysen
Frost
Gallegly
Ganske
Gekas
Gibbons
Gilchrest
Gillmor
Goode
Goodlatte
Goss
Graham
Granger
Green (WI)
Greenwood
Gutknecht
Hall (OH)
Hall (TX)
Hansen
Hastings (WA)
Hayes
Hayworth
Hefley
Herger
Hill (MT)
Hilleary
Hobson
Hoekstra
Horn
Hostettler
Houghton
Hulshof
Hunter
Hutchinson
Hyde
Isakson
Jenkins
Johnson (CT)
Johnson, Sam
Jones (NC)
Kasich
Kelly
Kind (WI)
Kingston
Kleczka
Knollenberg
Kolbe
Kuykendall

LaHood
Largent
Latham
LaTourette
Lazio
Leach
Lewis (CA)
Lewis (KY)
Linder
Lucas (KY)
Lucas (OK)
Manzullo
McCollum
McCrery
McInnis
McIntosh
McKeon
Metcalf
Mica
Miller (FL)
Miller, Gary
Mink
Mollohan
Moran (KS)
Morella
Myrick
Nethercutt
Ney
Northup
Nussle
Obey
Ose
Oxley
Packard
Paul
Pease
Peterson (PA)
Petri
Pickering
Pickett
Pitts
Pombo
Porter
Portman
Pryce (OH)
Quinn
Radanovich
Rahall
Ramstad
Regula
Reyes
Reynolds
Riley
Rodriguez
Rogan
Rogers
Rohrabacher
Ros-Lehtinen

Abercrombie
Aderholt
Archer
Armey
Bachus
Baker
Baldwin
Barcia
Barrett (NE)
Barrett (WI)
Barton
Bateman
Bentsen
Bereuter
Berkley
Berry
Biggert
Bilbray
Bilirakis
Bishop
Blagojevich
Bliley
Blunt
Boehner
Bonilla
Bono
Boswell
Boyd
Brady (TX)
Bryant
Burton
Buyer
Callahan
Calvert
Camp
Canady
Cannon
Capps
Capuano
Chambliss
Clayton

[Roll No. 469]

YEAS-240
Clement
Clyburn
Coble
Coburn
Combest
Condit
Cook
Cooksey
Costello
Cramer
Crowley
Cubin
Cunningham
Danner
Davis (FL)
Davis (VA)
DeLay
DeMint
Diaz-Balart
Dickey
Dooley
Doolittle
Dreier
Dunn
Edwards
Emerson
Etheridge
Evans
Everett
Ewing
Farr
Fletcher
Foley
Fowler
Frank (MA)
Frost
Gallegly
Ganske
Gibbons
Gillmor
Gonzalez

Goode
Goodlatte
Gordon
Goss
Graham
Granger
Green (WI)
Greenwood
Gutknecht
Hall (OH)
Hall (TX)
Hansen
Hastings (FL)
Hastings (WA)
Hayes
Hayworth
Herger
Hill (IN)
Hill (MT)
Hilleary
Hilliard
Hobson
Horn
Hulshof
Hunter
Hutchinson
Hyde
Isakson
Jackson (IL)
Jenkins
John
Johnson, E.B.
Johnson, Sam
Jones (NC)
Kasich
Kind (WI)
Kingston
Kleczka
Knollenberg
Kolbe
Kuykendall

Ackerman
Allen
Andrews
Baird
Baldacci
Ballenger
Barr
Bartlett
Bass
Becerra
Blumenauer
Boehlert
Bonior
Borski
Brady (PA)
Brown (FL)
Brown (OH)
Burr
Campbell
Cardin
Castle
Chabot
Collins
Conyers
Cox
Coyne
Crane
Cummings
Davis (IL)
Deal
DeFazio
DeGette
Delahunt
DeLauro
Deutsch
Dicks
Dingell
Dixon
Doggett
Doyle
Duncan
Ehlers
Ehrlich
Engel
English
Eshoo
Fattah
Filner
Forbes
Fossella
Franks (NJ)
Frelinghuysen
Gejdenson
Gekas
Gephardt
Gilchrest
Gilman
Goodling
Green (TX)

NAYS-175
Gutierrez
Hefley
Hinchey
Hoeffel
Hoekstra
Holden
Holt
Hostettler
Houghton
Hoyer
Inslee
Istook
Jackson-Lee

(TX)
Johnson (CT)
Jones (OH)
Kanjorski
Kaptur
Kelly
Kennedy
Kildee
Kilpatrick
King (NY)
Klink
Kucinich
La Falce
Lantos
Larson
Lazio
Lee
Lewis (GA)
Lipinski
LoBiondo
Lofgren
Lowey
Luther
Maloney (CT)
Maloney (NY)
Markey
Martinez
Mascara
Matsui
McCarthy (NY)
McDermott
McGovern
McHugh
McKinney
McNulty
Meehan
Meek (FL)
Millender-

McDonald
Miller (FL)
Miller, George
Moakley
Moran (VA)
Murtha
Nadler
Napolitano

Neal
Norwood
Oberstar
Olver
Owens
Pallone
Pascrell
Paul
Payne
Pelosi
Peterson (MN)
Peterson (PA)
Pitts
Quinn
Rangel
Reynolds
Rivers
Rohrabacher
Rothman
Roukema
Roybal-Allard
Royce
Salmon
Sanders
Sanford
Sawyer
Saxton
Sensenbrenner
Serrano
Shaw
Shays
Sherman
Sherwood
Shuster
Slaughter
Smith (NJ)
Stark
Stearns
Sununu
Sweeney
Tancredo
Tauscher
Taylor (MS)
Thurman
Tierney
Toomey
Udall (CO)
Upton
Velazquez
Vento
Visclosky
Vitter
Walsh
Waters
Weiner
Weldon (PA)
Weygand
Woolsey
Wynn

« ZurückWeiter »