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[House Report 114-132]
[From the U.S. Government Publishing Office]

114th Congress    {                                    }       Report
  1st Session     {        HOUSE OF REPRESENTATIVES    }       114-132
  
======================================================================
 
                 MANDATORY PRICE REPORTING ACT OF 2015

                                _______
                                

  May 29, 2015.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

Mr. Conaway, from the Committee on Agriculture, submitted the following

                              R E P O R T

                        [To accompany H.R. 2051]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Agriculture, to whom was referred the bill 
(H.R. 2051) to amend the Agricultural Marketing Act of 1946 to 
extend the livestock mandatory price reporting requirements, 
and for other purposes, having considered the same, report 
favorably thereon with an amendment and recommend that the bill 
as amended do pass.
    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE .

  This Act may be cited as the ``Mandatory Price Reporting Act of 
2015''.

SEC. 2. EXTENSION OF LIVESTOCK MANDATORY REPORTING.

  (a) Extension of Authority.--Section 260 of the Agricultural 
Marketing Act of 1946 (7 U.S.C. 1636i) is amended by striking 
``September 30, 2015'' and inserting ``September 30, 2020''.
  (b) Emergency Authority.--Section 212(12)(C) of the Agricultural 
Marketing Act of 1946 (7 U.S.C. 1635a(12)(C)) is amended by inserting 
``, including any day on which any Department employee is on shutdown 
or emergency furlough as a result of a lapse in appropriations'' after 
``conduct business''.
  (c) Conforming Amendment.--Section 942 of the Livestock Mandatory 
Reporting Act of 1999 (7 U.S.C. 1635 note; Public Law 106-78) is 
amended by striking ``September 30, 2015'' and inserting ``September 
30, 2020''.

SEC. 3. SWINE REPORTING.

  (a) Definitions.--Section 231 of the Agricultural Marketing Act of 
1946 (7 U.S.C. 1635i) is amended--
          (1) by redesignating paragraphs (9) through (22) as 
        paragraphs (10) through (23), respectively;
          (2) by inserting after paragraph (8) the following new 
        paragraph:
          ``(9) Negotiated formula purchase.--The term `negotiated 
        formula purchase' means a purchase of swine by a packer from a 
        producer under which--
                  ``(A) the pricing mechanism is a formula price for 
                which the formula is determined by negotiation on a 
                lot-by-lot basis; and
                  ``(B) the swine are scheduled for delivery to the 
                packer not later than 14 days after the date on which 
                the formula is negotiated and swine are committed to 
                the packer.'';
          (3) in paragraph (12)(A) (as so redesignated), by inserting 
        ``negotiated formula purchase,'' after ``pork market formula 
        purchase,''; and
          (4) in paragraph (23) (as so redesignated)--
                  (A) in subparagraph (C), by striking ``and'' at the 
                end;
                  (B) by redesignating subparagraph (D) as subparagraph 
                (E); and
                  (C) by inserting after subparagraph (C) the following 
                new subparagraph:
                  ``(D) a negotiated formula purchase; and''.
  (b) Daily Reporting.--Section 232(c) of the Agricultural Marketing 
Act of 1946 (7 U.S.C. 1635j(c)) is amended--
          (1) in paragraph (1)(D), by striking clause (ii) and 
        inserting the following new clause:
                          ``(ii) Price distributions.--The information 
                        published by the Secretary under clause (i) 
                        shall include--
                                  ``(I) a distribution of net prices in 
                                the range between and including the 
                                lowest net price and the highest net 
                                price reported;
                                  ``(II) a delineation of the number of 
                                barrows and gilts at each reported 
                                price level or, at the option of the 
                                Secretary, the number of barrows and 
                                gilts within each of a series of 
                                reasonable price bands within the range 
                                of prices; and
                                  ``(III) the total number and weighted 
                                average price of barrows and gilts 
                                purchased through negotiated purchases 
                                and negotiated formula purchases.''; 
                                and
          (2) in paragraph (3), by adding at the end the following new 
        subparagraph:
                  ``(C) Late in the day report information.--The 
                Secretary shall include in the morning report and the 
                afternoon report for the following day any information 
                required to be reported under subparagraph (A) that is 
                obtained after the time of the reporting day specified 
                in such subparagraph.''.

SEC. 4. LAMB REPORTING.

  Not later than 180 days after the date of the enactment of this Act, 
the Secretary of Agriculture shall revise section 59.300 of title 7, 
Code of Federal Regulations, so that--
          (1) the definition of the term ``importer''--
                  (A) includes only those importers that imported an 
                average of 1,000 metric tons of lamb meat products per 
                year during the immediately preceding 4 calendar years; 
                and
                  (B) may include any person that does not meet the 
                requirement referred to in subparagraph (A), if the 
                Secretary determines that the person should be 
                considered an importer based on their volume of lamb 
                imports; and
          (2) the definition of the term ``packer''--
                  (A) applies to any entity with 50 percent or more 
                ownership in a facility;
                  (B) includes a federally inspected lamb processing 
                plant which slaughtered or processed the equivalent of 
                an average of 35,000 head of lambs per year during the 
                immediately preceding 5 calendar years; and
                  (C) may include any other lamb processing plant that 
                did not meet the requirement referred to in 
                subparagraph (B), if the Secretary determines that the 
                processing plant should be considered a packer after 
                considering its capacity.

SEC. 5. STUDY ON LIVESTOCK MANDATORY REPORTING.

  (a) In General.--The Secretary of Agriculture, acting through the 
Agricultural Marketing Service in conjunction with the Office of the 
Chief Economist and in consultation with cattle, swine, and lamb 
producers, packers, and other market participants, shall conduct a 
study on the program of information regarding the marketing of cattle, 
swine, lambs, and products of such livestock under subtitle B of the 
Agricultural Marketing Act of 1946 (7 U.S.C. 1635 et seq.). Such study 
shall--
          (1) analyze current marketing practices in the cattle, swine, 
        and lamb markets;
          (2) identify legislative or regulatory recommendations made 
        by cattle, swine, and lamb producers, packers, and other market 
        participants to ensure that information provided under such 
        program--
                  (A) can be readily understood by producers, packers, 
                and other market participants;
                  (B) reflects current marketing practices; and
                  (C) is relevant and useful to producers, packers, and 
                other market participants;
          (3) analyze the price and supply information reporting 
        services of the Department of Agriculture related to cattle, 
        swine, and lamb; and
          (4) address any other issues that the Secretary considers 
        appropriate.
  (b) Report.--Not later than January 1, 2020, the Secretary of 
Agriculture 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 containing the findings of the study 
conducted under subsection (a).

                           Brief Explanation

    The Mandatory Price Reporting Act of 2015, H.R. 2051, 
amends the Agricultural Marketing Act of 1946 to extend the 
livestock mandatory price reporting requirements.

                    Purpose and Need for Legislation

    The Livestock Mandatory Reporting Act of 1999 (Act of 1999) 
expires on September 30, 2015. Stakeholders from the livestock 
and meat industry are generally supportive of livestock 
mandatory reporting (LMR) and have worked cooperatively to 
achieve consensus toward reauthorization of the Act for a five-
year period.
    The Act of 1999, which passed as an amendment to the 
Agricultural Marketing Act of 1946, established a program of 
information regarding the marketing of cattle, swine, lambs, 
and the products of such livestock. The purpose was to provide 
information that could be readily understood by producers, 
improve the price and supply reporting services of USDA, and 
encourage competition in the marketplace for livestock and 
livestock products. The statutory authority for the program 
lapsed on September 30, 2005, not because of controversy over 
whether the program should continue, but because the House and 
Senate passed different versions of reauthorization 
legislation. Ultimately, the Senate passed the House version by 
unanimous consent the following October.
    When authorization lapsed, AMS sent letters to all packers 
required to report under the Act of 1999 requesting that they 
continue to submit information voluntarily. About 90 percent of 
packers cooperated in submitting information during the lapse. 
Finally, in October 2006, Congress passed the Livestock 
Mandatory Reporting Reauthorization Act, re-establishing the 
regulatory authority for the LMR program through September 30, 
2010, and separating the reporting requirements for sows and 
boars from barrows and gilts, among other changes. AMS began 
re-implementing the regulations right away. The final rules 
were not completed until May 2008 because AMS had to account 
for changes to the program.
    The 2008 Farm Bill directed the Secretary of Agriculture 
(Secretary) to conduct a study to determine advantages, 
drawbacks, and potential implementation issues associated with 
adopting mandatory wholesale pork reporting. The study 
concluded that voluntary negotiated wholesale pork price 
reporting was thin and becoming thinner. It also found some 
support for moving to mandatory price reporting at every 
segment of the industry and that the benefits of moving from a 
voluntary to a mandatory reporting program for wholesale pork 
would likely exceed the cost. The 2010 Reauthorization Act 
reauthorized LMR for an additional five years and added a 
provision for mandatory reporting of wholesale pork cuts. It 
directed the Secretary to engage in negotiated rulemaking to 
make required regulatory changes for mandatory wholesale pork 
reporting. AMS completed the negotiated rulemaking process and 
implemented mandatory wholesale pork reporting on January 7, 
2013.
    The LMR program provides the market with information on 
pricing; contracting for purchase; and supply and demand 
conditions for livestock, livestock production, and livestock 
products. Consistent with its mission to facilitate marketing, 
AMS publishes this information to ensure open, transparent 
price discovery and provide all market participants--large and 
small--with comparable levels of market information for cattle, 
swine, pork, sheep, beef, and lamb meat. AMS produces 
approximately 62 daily reports and 47 weekly reports.
    During the fiscal year 2014 government shutdown, AMS Market 
News, including livestock mandatory reporting data, was not 
available. AMS's inability to deliver the mandatory price 
information for livestock, meat, and certain dairy products 
caused a significant disruption to the orderly marketing of 
these products and generated extensive media coverage. Many 
stakeholders asked AMS to consider LMR an ``excepted activity'' 
that would continue in the case of another government shutdown.
    In order to remain relevant with current marketing 
practices, AMS regularly meets with industry and trade member 
associations to discuss LMR and marketing trends. One of the 
major concerns in the livestock industry is the shrinking 
negotiated spot market. The number of livestock marketed on a 
negotiated basis has been declining for years as more 
processors, producers, and feedlots have entered into formula 
marketing agreements. Industry members say that some negotiated 
markets are becoming too thin to be an adequate market basis. 
At the recent House Appropriations budget hearing, AMS was 
asked about current reporting methodology for hogs and concerns 
of price manipulation and volatility in the negotiated hog 
market. To address this issue, AMS is developing a 5-day 
rolling average of the daily negotiated hog prices to include 
in reports. This should help normalize the reported information 
and mute the volatility.
    Livestock industry associations have had under 
consideration other potential LMR regulatory changes. Some in 
the industry would like to enhance the reporting requirements 
to more accurately capture weekly basis information and near-
term negotiated formula transactions. The swine industry has 
expressed an interest in amending report time requirements for 
barrows and gilts while some in the lamb industry want to lower 
the reporting threshold requirements, add a definition for 
committed lambs, and include lamb pelts as a reported 
commodity.
    The legislation reflects a consensus among livestock and 
meat industry participants working toward reauthorization of 
the Act. A representative of AMS in attendance at a 
reauthorization hearing held in the Livestock and Foreign 
Agriculture Subcommittee was asked generally about 
reauthorization of the LMR program and the specific requests of 
industry and responded that USDA supports reauthorization of 
the program and saw no issues of concern in the bill ultimately 
presented for Committee consideration.

               Section-by-Section Analysis of Legislation

Section 1. Short title

    Section 1 of the bill designates the title of the bill as 
the ``Mandatory Price Reporting Act of 2015.''

Section 2. Extension of livestock mandatory reporting

    Subsection (a) of section 2 extends the authority for 
continuing mandatory price reporting until September 30, 2020.
    Subsection (b) requires USDA to continue to receive and 
publishing the required daily reporting information during a 
government shutdown scenario.
    Subsection (c) is a conforming amendment for the extension 
of authority.

Section 3. Swine reporting

    Subsection (a) of section 3 amends the definitions section 
for swine reporting to include a definition of ``negotiated 
formula purchase.'' The subsection further adds ``negotiated 
formula purchase'' to the definitions for ``other purchase 
arrangement'' and ``type of purchase'' as an enumerated 
purchase.
    Subsection (b) adds ``the total number and weighted average 
price of barrows and gilts purchased through negotiated 
purchases and negotiated formula purchases'' to the list of 
information the Secretary is required to publish in a prior day 
report. The subsection also adds a requirement for the 
Secretary to report information required in the afternoon 
report but that occurs after the reporting deadline in both the 
following day morning and afternoon reports.

Section 4. Lamb reporting

    Section 4 requires the Secretary to revise the pertinent 
parts of the regulations to modify the definition of the term 
``importer.'' The modification requires that the Secretary 
include only importers that imported an average of 1,000 metric 
tons of lamb during the immediately preceding 4 calendar years. 
The Secretary may include an importer that does not meet that 
requirement if the Secretary determines the importer should be 
considered based on the volume of lamb imports.
    Section 4 further requires the Secretary to modify the term 
``packer'' to include an entity with 50 percent ownership or 
more in the facility as well as a federally inspected 
processing plant which slaughtered or processed an average of 
35,000 head per year during the immediately preceding 5 
calendar years. The definition may include other processing 
plants if the Secretary determines that the plant should be 
considered based on its capacity.

Section 5. Study on livestock mandatory reporting

    Section 5 requires the Agricultural Marketing Service along 
with the Office of the Chief Economist, and in consultation 
with the relevant market participants, to conduct a study on 
the implementation of livestock mandatory price reporting. The 
one-time report to Congress is due not later than January 1, 
2020.
    Hearings held by the House Agriculture Committee on April 
23, 2015 concerning the reauthorization of LMR revealed 
significant changes that have occurred in the lamb industry 
since the inception of the program and continuing in the most 
recent 5 year reauthorization period. The Committee appreciates 
the desire of the lamb industry to maintain, to the maximum 
extent possible, the broad discretion available to USDA that 
currently exists in the underlying statute. It is evident that 
many of the changes proposed by the entire livestock industry 
are related to the desire to ensure robust reports while at the 
same time preserving the confidentiality of the reporting 
entities. As restructuring occurs in the packing industry this 
becomes more challenging.
    The Committee hearing on LMR reauthorization details the 
long process with USDA that the lamb industry, working through 
the American Sheep Industry Association (ASI), has taken in an 
attempt to enact necessary changes in order for LMR to more 
accurately reflect current industry conditions. The Committee 
has legislatively addressed some of these proposals put forth 
by ASI. For example, roughly 30% of the lambs produced in the 
U.S. are done so by a producer cooperative. Currently the 
definitions of ``packer'' and ``packer owned'' lamb sale 
transactions prohibit reporting of these sales to be included 
in MPR. The term ``packer'' is amended to apply to an entity 
with 50% or more ownership in a federally inspected facility 
that slaughtered or processed lambs. This should allow USDA/AMS 
with the flexibility to allow reporting of transactions 
resulting between producers and processors who are in business 
as cooperatives or engaged in other types of non-traditional 
marketing arrangements.
    However, addressing certain ASI proposals legislatively 
should not be interpreted to mean that the Committee does not 
support other proposals included in testimony offered by ASI. 
It merely reflects the Committee's intent to respect ASI's 
desire to maintain as much statutory discretion as possible in 
the underlying statute. Indeed, the Committee expects USDA to 
continue the process with ASI and enact such of their proposals 
as is appropriate to reflect current conditions in the industry 
and make the LMR report as useable and relevant as possible to 
the lamb industry. For instance, the Committee understands that 
additional issues of particular interest to the lamb industry 
are as follows:
    Define the terms:
     ``Lambs Committed'' and require the reporting of 
this category as ``lambs that are intended to be delivered to a 
packer beginning on the date of an agreement to sell these 
lambs'' and require weekly reporting of the quantity and 
delivery period of all lambs committed.
     ``Packer-owned'' to be defined as lambs that a 
packer owns for at least 28 days immediately prior to 
slaughter. For producer-owned cooperatives who process lambs 
and may or may not have them custom-killed and other non-
traditional marketing arrangements, require weekly reporting of 
at least the volume, grades and base price for these 
transactions.
    Require USDA to:
     ``Collect and report pelt price and quality 
information (classification and descriptors) for lambs 
purchased on a negotiated, formula or forward contracted basis 
under LMR.
     ``Review, not less frequently than every other 
year, calculations to determine net carcass value of lamb 
carcasses and boxed lamb.
    As USDA engages in the promulgation of regulations enacting 
LMR for another five year period, the Committee encourages USDA 
to carefully review long developed proposals by the lamb 
industry and make such appropriate changes to existing 
regulations in order to ensure that LMR reports accurately 
reflect current market conditions. In addition, the Committee 
expects that the required USDA study and report not only 
identify industry recommendations prior to the next 
reauthorization, but also provide a clear indication to the 
industry of USDA's position on recommendations so that any 
necessary legislative changes may be addressed.

                        Committee Consideration

                              I. HEARINGS

    On April 22, 2015, the Subcommittee on Livestock and 
Foreign Agriculture held a public hearing to review 
reauthorization of the Livestock Mandatory Reporting Act.
    Members of the Subcommittee heard testimony and discussed 
reauthorization of the Livestock Mandatory Reporting Act. First 
enacted in 1999, the Act was developed in response to changing 
markets with an increasing number of animals being sold via 
marketing arrangements under which prices were not publicly 
disclosed. As these structural changes continued, livestock 
producers requested that the then-voluntary price reporting 
mechanism be made mandatory. Thus, the resulting Act mandated 
price reporting for live cattle, boxed beef, and live swine, 
and it allowed USDA to establish mandatory price reporting for 
lamb sales as well. During the hearing, the following witnesses 
testified on matters included in H.R. 2051:
     Mr. Mark Dopp, Senior Vice President, Regulatory 
Affairs and Scientific Affairs/General Counsel, North America 
Meat Institute, Washington, DC
     Mr. James R. Heimerl, Heimerl Farms Ltd, 
Johnstown, OH; on behalf of the National Pork Producers Council
     Mr. Burton Pfliger, President, American Sheep 
Industry Association, Centennial, CO
     Mr. Ed Greiman, Chairman, Cattle Marketing and 
International Trade Committee, National Cattlemen's Beef 
Association, Garner, IA
     Dr. Craig Morris, Deputy Administrator, Livestock 
Poultry and Seed Program, Agricultural Marketing Service, USDA, 
Washington, DC

                           II. FULL COMMITTEE

    The Committee on Agriculture met, pursuant to notice, with 
a quorum present, on April 30, 2015, to consider H.R. 2051, the 
Mandatory Price Reporting Act of 2015.
    H.R. 2051 was placed before the Committee for 
consideration. Without objection, a first reading of the bill 
was waived and it was open for amendment at any point.
    Chairman Conaway, Mr. Peterson, Mr. Rouzer, and Mr. Costa 
were recognized for statements. Chairman Conaway offered a 
technical amendment, which passed by a voice vote. Mr. Peterson 
was then recognized to offer a motion that the bill H.R. 2051 
be reported, as amended, favorably to the House with 
recommendation that it do pass. The motion was subsequently 
approved by voice vote.
    At the conclusion of the meeting, Chairman Conaway advised 
Members that pursuant to the rules of the House of 
Representatives Members had until May 4, 2015, to file any 
supplemental, minority, additional, or dissenting views with 
the Committee.
    Without objection, staff was given permission to make any 
necessary clerical, technical or conforming changes to reflect 
the intent of the Committee. Chairman Conaway thanked all the 
Members and adjourned the meeting.

                            Committee Votes

    In compliance with clause 3(b) of rule XIII of the House of 
Representatives, H.R. 2051 was reported by voice vote with a 
majority quorum present. There was no request for a recorded 
vote.

                      Committee Oversight Findings

    Pursuant to clause 3(c)(1) of rule XIII of the Rules of the 
House of Representatives, the Committee on Agriculture's 
oversight findings and recommendations are reflected in the 
body of this report.

           Budget Act Compliance (Sections 308, 402, and 423)

    The provisions of clause 3(c)(2) of rule XIII of the Rules 
of the House of Representatives and section 308(a)(1) of the 
Congressional Budget Act of 1974 (relating to estimates of new 
budget authority, new spending authority, new credit authority, 
or increased or decreased revenues or tax expenditures) are not 
considered applicable. The estimate and comparison required to 
be prepared by the Director of the Congressional Budget Office 
under clause 3(c)(3) of rule XIII of the Rules of the House of 
Representatives and sections 402 and 423 of the Congressional 
Budget Act of 1974 submitted to the Committee prior to the 
filing of this report are as follows:

                                     U.S. Congress,
                               Congressional Budget Office,
                                      Washington, DC, May 21, 2015.
Hon. K. Michael Conaway,
Chairman, Committee on Agriculture,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 2051, the 
Mandatory Price Reporting Act of 2015.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Jim Langley.
            Sincerely,
                                                        Keith Hall.
    Enclosure.

H.R. 2051--Mandatory Price Reporting Act of 2015

    Summary: H.R. 2051 would reauthorize, through fiscal year 
2020, reports that are produced by the U.S. Department of 
Agriculture (USDA) on the marketing and prices of cattle, 
swine, lambs, and products of such livestock. Current authority 
to produce those reports ends on September 30, 2015. The bill 
also would require the Secretary of Agriculture to begin daily 
reporting of certain negotiated purchases of swine and to 
conduct a study on the need to report on livestock prices to 
the federal government.
    CBO estimates that implementing this bill would cost $36 
million over the 2016-2020 period, assuming appropriation of 
the necessary amounts. Enacting the bill would not affect 
direct spending or revenues; therefore, pay-as-you-go 
procedures do not apply.
    The bill contains an intergovernmental mandate as defined 
in the Unfunded Mandates Reform Act (UMRA) because it would 
preempt state and local laws. CBO estimates the cost of 
complying with the mandate would be small and would fall well 
below the threshold established in UMRA for intergovernmental 
mandates ($77 million in 2015, adjusted annually for 
inflation).
    H.R. 2051 would impose private-sector mandates, as defined 
in UMRA, on certain packers, processors, and importers of 
livestock by extending and amending mandatory reporting 
requirements related to cattle, swine, and lambs. Based on 
information from USDA and industry experts, CBO estimates that 
the aggregate cost of the mandates would total about $1 million 
annually and fall well below the annual threshold established 
in UMRA for private-sector mandates ($154 million in 2015, 
adjusted annually for inflation).
    Estimated cost to the Federal Government: The estimated 
budgetary effect of H.R. 2051 is shown in the following table. 
The costs of this legislation fall within budget function 350 
(agriculture).

----------------------------------------------------------------------------------------------------------------
                                                                 By fiscal year, in millions of dollars--
                                                         -------------------------------------------------------
                                                            2016     2017     2018     2019     2020   2016-2020
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION
 
Estimated Authorization Level...........................        8        7        7        7        7        36
Estimated Outlays.......................................        8        7        7        7        7        36
----------------------------------------------------------------------------------------------------------------

    Basis of estimate: CBO assumes that H.R. 2051 will be 
enacted by October 1, 2015, and that the necessary amounts will 
be appropriated over the next five years.
    The legislation would extend until September 30, 2020, the 
authority of the Secretary of Agriculture to require certain 
livestock packers, processors, and importers, to continue 
reporting prices and supply and demand information to the 
government on a daily and weekly basis. USDA's Agricultural 
Marketing Service (AMS) processes and provides this information 
to the public. Based on information from AMS, CBO estimates 
that continuing to provide these reports to the public would 
cost $7 million a year.
    H.R. 2051 also would require the Secretary, in consultation 
with relevant producers and packers, to identify legislative or 
regulatory recommendations to improve the collection and 
dissemination of information under the livestock reporting 
program. Based on the cost of similar work, CBO estimates that 
this study would cost $1 million in 2016.
    Pay-as-You-Go considerations: None.
    Impact on state, local, and tribal governments: Under 
current law, the Department of Agriculture's program for price 
reporting preempts state and local laws that are in addition 
to, or inconsistent with, any requirements of the program. 
Because H.R. 2051 would reauthorize the program and thus extend 
the preemption that would otherwise expire on September 30, 
2015, the bill would impose an intergovernmental mandate as 
defined in UMRA. While the preemption would limit the 
application of state and local laws, it would impose no duty 
that would result in significant additional spending. 
Consequently, CBO estimates that the costs would fall well 
below the threshold established in UMRA for intergovernmental 
mandates ($77 million in 2015, adjusted annually for 
inflation).
    Estimated impact on the private sector: H.R. 2051 would 
impose private-sector mandates, as defined in UMRA, on certain 
packers, processors, and importers of livestock. The bill would 
extend through 2020 mandatory reporting requirements related to 
cattle, swine, and lamb. The bill also would add an additional 
pricing category to report for packers and processors of swine 
and lower the reporting threshold for importers and packers of 
lamb. Based on information from USDA and industry experts, CBO 
estimates that the aggregate cost of the mandates would total 
about $1 million annually and fall well below the annual 
threshold established in UMRA for private-sector mandates ($154 
million in 2015, adjusted annually for inflation).
    Estimate prepared by: Federal costs: Jim Langley; Impact on 
state, local, and tribal governments: J'nell Blanco Suchy; 
Impact on the private sector: Amy Petz.
    Estimate approved by: H. Samuel Papenfuss, Deputy Assistant 
Director for Budget Analysis.

                    Performance Goals and Objectives

    With respect to the requirement of clause 3(c)(4) of rule 
XIII of the Rules of the House of Representatives, the 
performance goals and objectives of this legislation are to 
extend mandatory price reporting for cattle, swine, and lamb.

                        Committee Cost Estimate

    Pursuant to clause 3(d)(2) of rule XIII of the Rules of the 
House of Representatives, the Committee report incorporates the 
cost estimate prepared by the Director of the Congressional 
Budget Office pursuant to sections 402 and 423 of the 
Congressional Budget Act of 1974.

                      Advisory Committee Statement

    No advisory committee within the meaning of section 5(b) of 
the Federal Advisory Committee Act was created by this 
legislation.

                Applicability to the Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act (Public Law 
104-1).

                       Federal Mandates Statement

    The Committee adopted as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act (Public Law 104-4).

  Earmark Statement Required by Clause 9 of Rule XXI of the Rules of 
                        House of Representatives

    H.R. 2051 does not contain any congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined in 
clause 9(e), 9(f), or 9(g) of rule XXI of the Rules of the 
House Representatives.

                    Duplication of Federal Programs

    This bill does not establish or reauthorize a program of 
the Federal Government known to be duplicative of another 
Federal program, a program that was included in any report from 
the Government Accountability Office to Congress pursuant to 
section 21 of Public Law 111-139, or a program related to a 
program identified in the most recent Catalog of Federal 
Domestic Assistance.

                  Disclosure of Directed Rule Makings

    The Committee does not believe that the legislation directs 
an executive branch official to conduct any specific rule 
making proceedings within the meaning of 5 U.S.C. 551.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, and existing law in which no 
change is proposed is shown in roman):

AGRICULTURAL MARKETING ACT OF 1946

           *       *       *       *       *       *       *

TITLE II

           *       *       *       *       *       *       *

Subtitle B--Livestock Mandatory Reporting

           *       *       *       *       *       *       *

CHAPTER 1--PURPOSE; DEFINITIONS

           *       *       *       *       *       *       *

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 one 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, including any day on which 
                any Department employee is on shutdown or 
                emergency furlough as a result of a lapse in 
                appropriations.
          (13) Secretary.--The term ``Secretary'' means the 
        Secretary of Agriculture.
          (14) State.--The term ``State'' means each of the 50 
        States.

           *       *       *       *       *       *       *

                       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 barrow or gilt for which no discounts are 
        subtracted from and no premiums are added to the base 
        price.
          (5) Boar.--The term ``boar'' means a sexually-intact 
        male swine.
          (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) Negotiated formula purchase.--The term 
        ``negotiated formula purchase'' means a purchase of 
        swine by a packer from a producer under which--
                  (A) the pricing mechanism is a formula price 
                for which the formula is determined by 
                negotiation on a lot-by-lot basis; and
                  (B) the swine are scheduled for delivery to 
                the packer not later than 14 days after the 
                date on which the formula is negotiated and 
                swine are committed to the packer.
          [(9)] (10) 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)] (11) 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 purchase 
                in a case in which the price formula is based 
                on one or more futures or options contracts.
          [(11)] (12) 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, negotiated 
                formula purchase, or other market formula 
                purchase; and
                  (B) does not involve packer-owned swine.
          [(12)] (13) 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--
                          (i) a swine processing plant that 
                        slaughtered an average of at least 
                        100,000 swine per year during the 
                        immediately preceding five calendar 
                        years; and
                          (ii) a person that slaughtered an 
                        average of at least 200,000 sows, 
                        boars, or any combination thereof, per 
                        year during the immediately preceding 
                        five calendar years; and
                  (C) in the case of a swine processing plant 
                or person that did not slaughter swine during 
                the immediately preceding 5 calendar years, the 
                Secretary shall consider the plant capacity of 
                the processing plant or person in determining 
                whether the processing plant or person should 
                be considered a packer under this chapter.
          [(13)] (14) 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)] (15) 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)] (16) Pork.--The term ``pork'' means the meat 
        of a porcine animal.
          [(16)] (17) Pork product.--The term ``pork product'' 
        means a product or byproduct produced or processed in 
        whole or in part from pork.
          [(17)] (18) 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)] (19) 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)] (20) Sow.--The term ``sow'' means an adult 
        female swine that has produced one or more litters.
          [(20)] (21) Swine.--The term ``swine'' means a 
        porcine animal raised to be a feeder pig, raised for 
        seedstock, or raised for slaughter.
          [(21)] (22) 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)] (23) 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) a negotiated formula purchase; and
                  [(D)] (E) 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; Barrows and Gilts.--
          (1) Prior day report.--
                  (A) In general.--The corporate officers or 
                officially designated representatives of each 
                packer processing plant that processes barrows 
                or gilts 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.--A packer required to report under 
                subparagraph (A) shall--
                          (i) not later than 7:00 a.m. Central 
                        Time on each reporting day, report 
                        information regarding all barrows and 
                        gilts purchased or priced, and
                          (ii) not later than 9:00 a.m. Central 
                        Time on each reporting day, report 
                        information regarding all barrows and 
                        gilts 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) barrows and 
                                        gilts purchased; and
                                          (bb) barrows and 
                                        gilts scheduled for 
                                        delivery; and
                                  (II) the base price and 
                                purchase data for slaughtered 
                                barrows and gilts for which a 
                                price has been established;
                          (ii) all slaughter data for the total 
                        number of barrows and gilts 
                        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 
                                barrows and gilts 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 barrows and 
                                gilts) obtained by dividing--
                                          (aa) the total amount 
                                        paid for the barrows 
                                        and gilts 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 
                                        barrows and gilts;
                                  (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 barrows or gilts 
                                slaughtered at a packing plant 
                                during the applicable reporting 
                                period per hundred pounds of 
                                carcass weight of barrows and 
                                gilts;
                                  (IV) information concerning 
                                the highest net price, which 
                                shall be equal to the highest 
                                net price paid for a single lot 
                                or group of barrows or gilts 
                                slaughtered at a packing plant 
                                during the applicable reporting 
                                period per hundred pounds of 
                                carcass weight of barrows and 
                                gilts;
                                  (V) the average carcass 
                                weight, which shall be equal to 
                                the quotient obtained by 
                                dividing--
                                          (aa) the total 
                                        carcass weight of the 
                                        barrows and gilts 
                                        slaughtered at the 
                                        packing plant during 
                                        the applicable 
                                        reporting period, by
                                          (bb) the number of 
                                        the barrows and gilts 
                                        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 barrows and gilts 
                                slaughtered during the 
                                applicable reporting period, 
                                resulting from the fact that 
                                the barrows and gilts 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 barrows and 
                                gilts 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 barrows 
                                and gilts 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 barrows 
                                and gilts 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 barrows 
                                and gilts slaughtered during 
                                the applicable reporting 
                                period, including all types of 
                                purchases and barrows and gilts 
                                that qualify as packer-owned 
                                swine; and
                          (iii) packer purchase commitments, 
                        which shall be equal to the number of 
                        barrows and gilts scheduled for 
                        delivery to a packer for slaughter for 
                        each of the next 14 calendar days.
                  (D) Publication.--
                          (i) In general.--The Secretary shall 
                        publish the information obtained under 
                        this paragraph in a prior day report--
                                  (I) in the case of 
                                information regarding barrows 
                                and gilts purchased or priced, 
                                not later than 8:00 a.m. 
                                Central Time, and
                                  (II) in the case of 
                                information regarding barrows 
                                and gilts slaughtered, not 
                                later than 10:00 a.m. Central 
                                Time,
                        on the reporting day on which the 
                        information is received from the 
                        packer.
                          [(ii) Price distributions.--The 
                        information published by the Secretary 
                        under clause (i) shall include a 
                        distribution of net prices in the range 
                        between and including the lowest net 
                        price and the highest net price 
                        reported. The publication shall include 
                        a delineation of the number of barrows 
                        and gilts at each reported price level 
                        or, at the option of the Secretary, the 
                        number of barrows and gilts within each 
                        of a series of reasonable price bands 
                        within the range of prices.]
                          (ii) Price distributions.--The 
                        information published by the Secretary 
                        under clause (i) shall include--
                                  (I) a distribution of net 
                                prices in the range between and 
                                including the lowest net price 
                                and the highest net price 
                                reported;
                                  (II) a delineation of the 
                                number of barrows and gilts at 
                                each reported price level or, 
                                at the option of the Secretary, 
                                the number of barrows and gilts 
                                within each of a series of 
                                reasonable price bands within 
                                the range of prices; and
                                  (III) the total number and 
                                weighted average price of 
                                barrows and gilts purchased 
                                through negotiated purchases 
                                and negotiated formula 
                                purchases.
          (2) Morning report.--
                  (A) In general.--The corporate officers or 
                officially designated representatives of each 
                packer processing plant that processes barrows 
                or gilts 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 barrows and gilts, and 
                        barrows and gilts that qualify as 
                        packer-owned swine, expected to be 
                        purchased throughout the reporting day 
                        through each type of purchase;
                          (ii) the total number of barrows and 
                        gilts, and barrows and gilts that 
                        qualify as 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 that processes barrows 
                or gilts 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 barrows and gilts, and 
                        barrows and gilts that qualify as 
                        packer-owned swine, expected to be 
                        purchased throughout the reporting day 
                        through each type of purchase;
                          (ii) the total number of barrows and 
                        gilts, and barrows and gilts that 
                        qualify as 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.
                  (C) Late in the day report information.--The 
                Secretary shall include in the morning report 
                and the afternoon report for the following day 
                any information required to be reported under 
                subparagraph (A) that is obtained after the 
                time of the reporting day specified in such 
                subparagraph.
  (d) Daily Reporting; Sows and Boars.--
          (1) Prior day report.--The corporate officers or 
        officially designated representatives of each packer of 
        sows and boars shall report to the Secretary, for each 
        business day of the packer, such information reported 
        by hog class as the Secretary determines necessary and 
        appropriate to--
                  (A) comply with the publication requirements 
                of this section; and
                  (B) provide for the timely access to the 
                information by producers, packers, and other 
                market participants.
          (2) Reporting.--Not later than 9:30 a.m. Central 
        Time, or such other time as the Secretary considers 
        appropriate, on each reporting day, a packer required 
        to report under paragraph (1) shall report information 
        regarding all sows and boars purchased or priced during 
        the prior business day of the packer.
          (3) Information required.--The information from the 
        prior business day of a packer required under this 
        subsection shall include all purchase data, including--
                  (A) the total number of sows purchased and 
                the total number of boars purchased, each 
                divided into at least three reasonable and 
                meaningful weight classes specified by the 
                Secretary;
                  (B) the number of sows that qualify as 
                packer-owned swine;
                  (C) the number of boars that qualify as 
                packer-owned swine;
                  (D) the average price paid for all sows;
                  (E) the average price paid for all boars;
                  (F) the average price paid for sows in each 
                weight class specified by the Secretary under 
                subparagraph (A);
                  (G) the average price paid for boars in each 
                weight class specified by the Secretary under 
                subparagraph (A);
                  (H) the number of sows and the number of 
                boars for which prices are determined, by each 
                type of purchase;
                  (I) the average prices for sows and the 
                average prices for boars for which prices are 
                determined, by each type of purchase; and
                  (J) such other information as the Secretary 
                considers appropriate to carry out this 
                subsection.
          (4) Price calculations without packer-owned swine.--A 
        packer shall omit the prices of sows and boars that 
        qualify as packer-owned swine from all average price 
        calculations, price range calculations, and reports 
        required by this subsection.
          (5) Reporting exception: public auction purchases.--
        The information required to be reported under this 
        subsection shall not include purchases of sows or boars 
        made by agents of the reporting packer at a public 
        auction at which the title of the sows and boars is 
        transferred directly from the producer to such packer.
          (6) Publication.--The Secretary shall publish the 
        information obtained under this paragraph in a prior 
        day report not later than 11:00 a.m. Central Time on 
        the reporting day on which the information is received 
        from the packer.
          (7) Electronic submission of information.--The 
        Secretary of Agriculture shall provide for the 
        electronic submission of any information required to be 
        reported under this subsection through an Internet 
        website or equivalent electronic means maintained by 
        the Department of Agriculture.
  (e) 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.
          (4) Publication.--The Secretary shall 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 5--ADMINISTRATION

           *       *       *       *       *       *       *

SEC. 260. TERMINATION OF AUTHORITY.

  The authority provided by this subtitle terminates on 
[September 30, 2015] September 30, 2020.

           *       *       *       *       *       *       *

                              ----------                              

      SECTION 942 OF THE LIVESTOCK MANDATORY REPORTING ACT OF 1999

SEC. 942. TERMINATION OF AUTHORITY

  The authority provided by this title and the amendments made 
by this title (other than section 911 of subtitle A and the 
amendments made by that section) terminate on [September 30, 
2015] September 30, 2020.
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