```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3408 Enrolled Bill (ENR)]

        H.R.3408

                       One Hundred Ninth Congress

                                 of the

                        United States of America

                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
             the third day of January, two thousand and six

                                 An Act

 
  To reauthorize the Livestock Mandatory Reporting Act of 1999 and to 
            amend the swine reporting provisions of that Act.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
SECTION 1. EXTENSION.
    (a) In General.--Chapter 5 of subtitle B of the Agricultural 
Marketing Act of 1946 (7 U.S.C. 1636 et seq.) is amended by adding at 
the end the following new section:
    ``SEC. 260. TERMINATION OF AUTHORITY.
    ``The authority provided by this subtitle terminates on September 
30, 2010.''.
    (b) Conforming Amendment and Extension.--Section 942 of the 
Livestock Mandatory Reporting Act of 1999 (7 U.S.C. 1635 note; Public 
Law 106-78) is amended by striking ``terminate on September 30, 2005'' 
and inserting ``(other than section 911 of subtitle A and the 
amendments made by that section) terminate on September 30, 2010''.
SEC. 2. DEFINITIONS.
    (a) Base Market Hogs.--Section 231(4) of the Agricultural Marketing 
Act of 1946 (7 U.S.C. 1635i(4)) is amended to read as follows:
        ``(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.''.
    (b) Boars.--Section 231(5) of such Act (7 U.S.C. 1635i(5)) is 
amended to read as follows:
        ``(5) Boar.--The term `boar' means a sexually-intact male 
    swine.''.
    (c) Packer of Sows and Boars.--Section 231(12) of such Act (7 
U.S.C. 1635i(12)) is amended by--
        (1) striking subparagraph (B) and inserting the following new 
    subparagraph:
            ``(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''; and
        (2) in subparagraph (C)--
            (A) by inserting ``or person'' after ``swine processing 
        plant'';
            (B) by inserting ``or person'' after ``plant capacity of 
        the processing plant''; and
            (C) by inserting ``or person'' after ``determining whether 
        the processing plant''.
SEC. 3. REPORTING; BARROWS AND GILTS.
    Section 232(c) of the Agricultural Marketing Act of 1946 (7 U.S.C. 
1635j(c)) is amended to read as follows:
    ``(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.
        ``(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.''.
SEC. 4. REPORTING; SOWS AND BOARS.
    Section 232 of the Agricultural Marketing Act of 1946 (7 U.S.C. 
1635j) is amended by--
        (1) redesignating subsection (d) as subsection (e); and
        (2) inserting after subsection (c) the following new 
    subsection:
    ``(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.''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
```