"(ii) all slaughter data for the total number of swine slaughtered, including "(I) information concerning the net price, which shall be equal to the total amount paid by a packer to a producer (including all premiums, less all discounts) per hundred pounds of carcass weight of swine delivered at the plant "(aa) including any sum deducted from the price per hundredweight paid to a producer that reflects the repayment of a balance owed by the producer to the packer or the accumulation of a balance to later be repaid by the packer to the producer; and "(bb) excluding any sum earlier paid to a producer that must later be repaid to the packer; "(II) information concerning the average net price, which shall be equal to the quotient (stated per hundred pounds of carcass weight of swine) obtained by dividing "(aa) the total amount paid for the swine slaughtered at a packing plant during the applicable reporting period, including all premiums and discounts, and including any sum deducted from the price per hundredweight paid to a producer that reflects the repayment of a balance owed by the producer to the packer, or the accumulation of a balance to later be repaid by the packer to the producer, less all discounts; by "(bb) the total carcass weight (in hundred pound increments) of the swine; "(III) information concerning the lowest net price, which shall be equal to the lowest net price paid for a single lot or a group of swine slaughtered at a packing plant during the applicable reporting period per hundred pounds of carcass weight of swine; "(IV) information concerning the highest net price, which shall be equal to the highest net price paid for a single lot or group of swine slaughtered at a packing plant during the applicable reporting period per hundred pounds of carcass weight of swine; "(V) the average carcass weight, which shall be equal to the quotient obtained by dividing "(aa) the total carcass weight of the swine slaughtered at the packing plant during the applicable reporting period; by "(bb) the number of the swine described in item (aa); adjusted for special slaughter situations (such as skinning or foot removal), as the Secretary determines necessary to render comparable carcass weights; "(VI) the average sort loss, which shall be equal to the average discount (in dollars per hundred pounds carcass weight) for swine slaughtered during the applicable reporting period, resulting from the fact that the swine did not fall within the individual packer's established carcass weight or lot variation range; "(VII) the average backfat, which shall be equal to the average of the backfat thickness (in inches) measured between the third and fourth from the last ribs, 7 centimeters from the carcass split (or adjusted from the individual packer's measurement to that reference point using an adjustment made by the Secretary) of the swine slaughtered during the applicable reporting period; "(VIII) the average lean percentage, which shall be equal to the average percentage of the carcass weight comprised of lean meat for the swine slaughtered during the applicable reporting period, except that when a packer is required to report the average lean percentage under this subclause, the packer shall make available to the Secretary the underlying data, applicable methodology and formulae, and supporting materials used to determine the average lean percentage, which the Secretary may convert to the carcass measurements or lean percentage of the swine of the individual packer to correlate to a common percent lean measurement; and "(IX) the total slaughter quantity, which shall be equal to the total number of swine slaughtered during the applicable reporting period, including all types of purchases and packer-owned swine; and "(iii) packer purchase commitments, which shall be equal to the number of swine scheduled for delivery to a packer for slaughter for each of the next 14 calendar days. "(D) PUBLICATION.-The Secretary shall publish the information obtained under this paragraph in a prior day report not later than 8:00 a.m. Central Time on the reporting day on which the information is received from the packer. "(2) MORNING REPORT.— “(A) IN GENERAL.-The corporate officers or officially designated representatives of each packer processing plant shall report to the Secretary not later than 10:00 a.m. Central Time each reporting day "(i) the packer's best estimate of the total number of swine, and packer-owned swine, expected to be purchased throughout the reporting day through each type of purchase; “(ii) the total number of swine, and packer-owned swine, purchased up to that time of the reporting day through each type of purchase; "(iii) the base price paid for all base market hogs purchased up to that time of the reporting day through negotiated purchases; and "(iv) the base price paid for all base market hogs purchased through each type of purchase other than negotiated purchase up to that time of the reporting day, unless such information is unavailable due to pricing that is determined on a delayed basis. "(B) PUBLICATION.-The Secretary shall publish the information obtained under this paragraph in the morning report as soon as practicable, but not later than 11:00 a.m. Central Time, on each reporting day. “(3) AFTERNOON REPORT.— "(A) IN GENERAL.-The corporate officers or officially designated representatives of each packer processing plant shall report to the Secretary not later than 2:00 p.m. Central Time each reporting day "(i) the packer's best estimate of the total number of swine, and packer-owned swine, expected to be purchased throughout the reporting day through each type of purchase; "(ii) the total number of swine, and packer-owned swine, purchased up to that time of the reporting day through each type of purchase: "(iii) the base price paid for all base market hogs purchased up to that time of the reporting day through negotiated purchases; and "(iv) the base price paid for all base market hogs purchased up to that time of the reporting day through each type of purchase other than negotiated purchase, unless such information is unavailable due to pricing that is determined on a delayed basis. "(B) PUBLICATION.-The Secretary shall publish the information obtained under this paragraph in the afternoon report as soon as practicable, but not later than 3:00 p.m. Central Time, on each reporting day. "(d) WEEKLY NONCARCASS MERIT PREMIUM REPORT. "(1) IN GENERAL.-Not later than 4:00 p.m. Central Time on the first reporting day of each week, the corporate officers or officially designated representatives of each packer processing plant shall report to the Secretary a noncarcass merit premium report that lists "(A) each category of standard noncarcass merit premiums used by the packer in the prior slaughter week; and "(B) the amount (in dollars per hundred pounds of carcass weight) paid to producers by the packer, by category. "(2) PREMIUM LIST.-A packer shall maintain and make available to a producer, on request, a current listing of the dollar values (per hundred pounds of carcass weight) of each noncarcass merit premium used by the packer during the current or the prior slaughter week. "(3) AVAILABILITY.-A packer shall not be required to pay a listed noncarcass merit premium to a producer that meets the requirements for the premium if the need for swine in a given category is filled at a particular point in time. shall "(4) PUBLICATION.-The Secretary publish the information obtained under this subsection as soon as practicable, but not later than 5:00 p.m. Central Time, on the first reporting day of each week. "CHAPTER 4-LAMB REPORTING "SEC. 241. MANDATORY REPORTING FOR LAMBS. "(a) ESTABLISHMENT.-The Secretary may establish a program of mandatory lamb 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 lamb slaughtering industry. "(b) NOTICE AND COMMENT.-If the Secretary establishes a mandatory price reporting program under subsection (a), the Secretary shall provide an opportunity for comment on proposed regulations to establish the program during the 30-day period beginning on the date of the publication of the proposed regulations. "CHAPTER 5-ADMINISTRATION "SEC. 251. GENERAL PROVISIONS. "(a) CONFIDENTIALITY.-The Secretary shall make available to the public information, statistics, and documents obtained from, or submitted by, packers, retail entities, and other persons under this subtitle in a manner that ensures that confidentiality is preserved regarding "(1) the identity of persons, including parties to a contract; and "(2) proprietary business information. "(b) DISCLOSURE BY FEDERAL GOVERNMENT EMPLOYEES. "(1) IN GENERAL.-Subject to paragraph (2), no officer, employee, or agent of the United States shall, without the consent of the packer or other person concerned, divulge or make known in any manner, any facts or information regarding the business of the packer or other person that was acquired through reporting required under this subtitle. "(2) EXCEPTIONS.-Information obtained by the Secretary under this subtitle may be disclosed "(A) to agents or employees of the Department of Agriculture in the course of their official duties under this subtitle; "(B) as directed by the Secretary or the Attorney General, for enforcement purposes; or "(C) by a court of competent jurisdiction. "(3) DISCLOSURE UNDER FREEDOM OF INFORother MATION ACT.-Notwithstanding any provision of law, no facts or information obtained under this subtitle shall be disclosed in accordance with section 552 of title 5, United States Code. "(c) REPORTING BY PACKERS.-A packer shall report all information required under this subtitle on an individual lot basis. "(d) REGIONAL REPORTING AND AGGREGATION. The Secretary shall make information obtained under this subtitle available to the public only in a manner that "(1) ensures that the information is published on a national and a regional or state 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, as 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 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 fail ure. "(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 restraining 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. "(2) SOURCE OF INFORMATION.-The Secretary may "(A) obtain the information from retailers or commercial information sources; and "(B) use valid statistical sampling procedures, if necessary. "(3) ADJUSTMENTS.-In providing information on retail prices under this section, the Secretary may make adjustments to take into account differences in "(A) the geographic location of consumption; "(B) the location of the principal source of supply; "(C) distribution costs; and "(D) such other factors as the Secretary determines reflect a verifiable comparative retail price for a representative food product. "(e) ADMINISTRATION.-The Secretary"(1) shall collect information under this section only on a voluntary basis; and "(2) shall not impose a penalty on a person for failure to provide the information or otherwise compel a person to provide the information. "SEC. 258. SUSPENSION AUTHORITY REGARDING SPECIFIC TERMS OF PRICE REPORTING REQUIREMENTS. "(a) IN GENERAL.-The Secretary may suspend any requirement of this subtitle if the Secretary determines that application of the requirement is inconsistent with the purposes of this subtitle. "(b) SUSPENSION PROCEDURE.— "(1) PERIOD.—A suspension under subsection (a) shall be for a period of not more than 240 days. "(2) ACTION BY CONGRESS.-If an Act of Congress concerning the requirement that is the subject of the suspension under subsection (a) is not enacted by the end of the period of the suspension established under paragraph (1), the Secretary shall implement the requirement. "SEC. 259. FEDERAL PREEMPTION. "In order to achieve the goals, purposes, and objectives of this title on a nationwide basis and to avoid potentially conflicting State laws that could impede the goals, purposes, or objectives of this title, no State or political subdivision of a State may impose a requirement that is in addition to, or inconsistent with, any requirement of this subtitle with respect to the submission or reporting of information, or the publication of such information, on the prices and quantities of livestock or livestock products.". SEC. 912. UNJUST DISQUALIFICATION. Section 202(b) of the Packers and Stockyards Act, 1921 (7 U.S.C. 192(b)), is amended by striking "whatsoever" each place it appears. SEC. 913. CONFORMING AMENDMENTS. (a) Section 416 of the Packers and Stockyards Act, 1921 (7 U.S.C. 229a), is repealed. (b) Section 1127 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1999 (7 U.S.C. 1421 note; Public Law 105– 277), is amended (1) by striking subsection (b) and inserting the following: "(b) EXPORT MARKET REPORTING.-The Secretary shall "(1) implement a streamlined electronic system for collecting export sales and shipments data, in the least intrusive manner possible, for fresh or frozen muscle cuts of meat food products; and "(2) develop a data-reporting program to disseminate summary information in a timely manner (in the case of beef, consistent with the reporting under section 602(a) of the Agricultural Trade Act of 1978 (7 U.S.C. 5712(a)))."; and (2) in subsection (c), by striking "this section of the Act" and inserting "subsection (b)". Subtitle B-Related Beef Reporting SEC. 921. BEEF EXPORT REPORTING. Section 602(a)(1) of the Agricultural Trade Act of 1978 (7 U.S.C. 5712(a)(1)) is amended by inserting", beef," after "cotton". SEC. 922. EXPORT CERTIFICATES FOR MEAT AND MEAT FOOD PRODUCTS. Not later than 1 year after the date of enactment of this Act, the Secretary of Agriculture shall fully implement a program, through the use of a streamlined electronic online system, to issue and report export certificates for all meat and meat products. SEC. 923. IMPORTS OF BEEF, BEEF VARIETY MEATS, AND CATTLE. (a) IN GENERAL.-The Secretary of Agriculture shall (1) obtain information regarding the import of beef and beef variety meats (consistent with the information categories reported for beef exports under section 602(a) of the Agricultural Trade Act of 1978 (7 U.S.C. 5712(a))) and cattle using available information sources; and (2) publish the information in a timely manner weekly and in a form that maximizes the utility of the information to beef producers, packers, and other market participants. (b) CONTENT.-The published information shall include information reporting the yearto-date cumulative annual imports of beef, beef variety meats, and cattle for the current and prior marketing years. SEC. 924. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary to carry out sections 922 and 923. Subtitle C-Related Swine Reporting Provisions SEC. 931. IMPROVEMENT OF HOGS AND PIGS INVENTORY REPORT. (a) IN GENERAL.-Effective beginning not later than 90 days after the date of enactment of this Act, the Secretary of Agriculture shall publish on a monthly basis the Hogs and Pigs Inventory Report. (b) GESTATING SOWS.-The Secretary shall include in a separate category of the Report the number of bred female swine that are assumed, or have been confirmed, to be pregnant during the reporting period. (c) PHASE-OUT.-Effective for a period of 8 quarters after the implementation of the monthly report required under subsection. (a), the Secretary shall continue to maintain and publish on a quarterly basis the Hogs and Pigs Inventory Report published on or before the date of enactment of this Act. SEC. 932. BARROW AND GILT SLAUGHTER. (a) IN GENERAL.-The Secretary of Agriculture shall promptly obtain and maintain, through an appropriate collection system or valid sampling system at packing plants, information on the total slaughter of swine that reflects differences in numbers between barrows and gilts, as determined by the Secretary. (b) AVAILABILITY. The information shall be made available to swine producers, packers, and other market participants in a report published by the Secretary not less frequently than weekly. (c) ADMINISTRATION.— (1) IN GENERAL.-The Secretary shall administer the collection and compilation of information, and the publication of the report, required by this section. (2) NONDELEGATION.—The Secretary shall not delegate the collection, compilation, or administration of the information required by this section to any packer (as defined in section 201 of the Packers and Stockyards Act, 1921 (7 U.S.C. 191)). SEC. 933. AVERAGE TRIM LOSS CORRELATION STUDY AND REPORT. (a) IN GENERAL.-The Secretary of Agriculture shall contract with a qualified con tractor to conduct a correlation study and prepare a report establishing a baseline and standards for determining and improving average trim loss measurements and processing techniques for pork processors to employ in the slaughter of swine. (b) CORRELATION STUDY AND REPORT.-The study and report shall (1) analyze processing techniques that would assist the pork processing industry in improving procedures for uniformity and transparency in how trim loss is discounted (in dollars per hundred pounds carcass weight) by different packers and processors; (2) analyze slaughter inspection procedures that could be improved so that trimming procedures and policies of the Secretary are uniform to the maximum extent determined practicable by the Secretary; (3) determine how the Secretary may be able to foster improved breeding techniques and animal handling and transportation procedures through training programs made available to swine producers so as to minimize trim loss in slaughter processing; and (4) make recommendations that are designed to effect changes in the pork industry so as to achieve continuous improvement in average trim losses and discounts. (c) SUBSEQUENT REPORTS ON STATUS OF IMPROVEMENTS AND UPDATES IN BASELINE.-Not less frequently than once every 2 years after the initial publication of the report required under this section, the Secretary shall make subsequent periodic reports that (1) examine the status of the improvement in reducing trim loss discounts in the pork processing industry; and (2) update the baseline to reflect changes in trim loss discounts. (d) SUBMISSION OF REPORTS TO CONGRESS, PRODUCERS, PACKERS, AND OTHERS.-The reports required under this section shall be made available to— (1) the public on the Internet; (2) the Committee on Agriculture of the House of Representatives; (3) the Committee on Agriculture, Nutrition, and Forestry of the Senate; (4) producers and packers; and (5) other market participants. SEC. 934. SWINE PACKER MARKETING CONTRACTS. Title II of the Packers and Stockyards Act, 1921 (7 U.S.C. 191 et seq.) is amended(1) by inserting before section 201 (7 U.S.C. 191) the following: and "Subtitle A-General Provisions"; (2) by adding at the end the following: "Subtitle B-Swine Packer Marketing Contracts "SEC. 221. DEFINITIONS. "Except as provided in section 223(a), in this subtitle: “(1) MARKET.-The term 'market' means the sale or disposition of swine, pork, or pork products in commerce. "(2) PACKER.-The term 'packer' has the meaning given the term in section 231 of the Agricultural Marketing Act of 1946. "(3) PORK.-The term 'pork' means the meat of a porcine animal. "(4) PORK PRODUCT.-The term 'pork product' means a product or byproduct produced or processed in whole or in part from pork. "(5) STATE.-The term 'State' means each of the 50 States. "(6) SWINE.-The term 'swine' means a porcine animal raised to be a feeder pig, raised for seedstock, or raised for slaughter. "(7) TYPE OF CONTRACT.-The term 'type of contract' means the classification of contracts or risk management agreements for the purchase of swine by "(A) the mechanism used to determine the base price for swine committed to a packer, grouped into practicable classifications by "(B) the presence or absence of an accrual "(8) OTHER TERMS.-Except as provided in "SEC. 222. SWINE PACKER MARKETING CON- "(a) IN GENERAL.-Subject to the avail- "(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 "(c) CONFIDENTIALITY.-The reporting re- quirements under subsections (a) and (b) "(d) INFORMATION COLLECTION.— “(1) IN GENERAL.-The Secretary shall- "(B) make the information available in a "(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 "(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 "(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 "(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 "(e) VIOLATIONS.-It shall be unlawful and a violation of this title for any packer to "(f) AUTHORIZATION OF APPROPRIATIONS.— “SEC. 223. REPORT ON THE SECRETARY'S JURIS- "(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, "(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 "(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- "(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 "(3) the effective monitoring of contracts entered into between packers and swine pro- "(4) investigations that relate to, and af- "(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 "(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 (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 (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 (d) FINAL REGULATIONS.-Not later than 60 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 years after the date of enactment of This Act may be cited as the "Agriculture, Rural Development, Food and Drug Adminis- tration, and Related Agencies Appropria- So the motion to recommit the conference report to the committee of conference 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 Yeas affirmative .... [Roll No. 469] Wamp 240 Nays 175 ¶106.13 McIntosh McKeon Metcalf Abercrombie Mica Aderholt Cardin Blunt Goodlatte Castle Rivers Rohrabacher Rothman Roybal-Allard Chabot Royce Bachus Combest Graham Collins Green (WI) Cox Morella Myrick Barcia Cooksey Greenwood Coyne Gutknecht Hall (TX) Herger Crane Davis (IL) Hill (MT) Hilleary Blagojevich Pickering Bliley Pickett Blunt Pitts Boehner Pombo Bonilla Porter Bono Deutsch Lowey Luther Maloney (CT) Maloney (NY) Markey Sherwood Shuster Slaughter Stark Stearns Martinez Mascara Hulshof Sununu Sweeney Tancredo Tauscher Hyde Isakson English Fattah Filner Forbes Canady Frost Gallegly McCarthy (NY) McDermott McNulty Taylor (MS) Thurman Tierney Toomey Udall (CO) Vitter McGovern McHugh McKinney |