I 

118TH CONGRESS 

1ST SESSION H. R. 1287 

To amend the Agricultural Marketing Act of 1946 to establish a cattle 

contract library, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 1, 2023 

Mr. FEENSTRA (for himself, Mr. LEVIN, and Mrs. MILLER-MEEKS) introduced 

the following bill; which was referred to the Committee on Agriculture 

A BILL 

To amend the Agricultural Marketing Act of 1946 to 

establish a cattle contract library, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Cattle Price Discovery 

5 and Transparency Act of 2023’’. 

6 SEC. 2. DEFINITIONS. 

7 (a) IN GENERAL.—Section 212 of the Agricultural 

8 Marketing Act of 1946 (7 U.S.C. 1635a) is amended— 

9 (1) in paragraph (5), by striking ‘‘cattle,’’ and 

10 inserting ‘‘cattle (including fed cattle),’’; 


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1 (2) by redesignating paragraphs (1) through 

2 (14) as paragraphs (2), (3), (4), (6) through (8), 

3 (10), and (12) through (18), respectively; 

4 (3) by inserting before paragraph (2) (as so re5 designated) the following: 

6 ‘‘(1) APPROVED PRICING MECHANISM.—The 

7 term ‘approved pricing mechanism’ means a pur8 chase of fed cattle made— 

9 ‘‘(A) through a negotiated purchase; 

10 ‘‘(B) through a negotiated grid purchase; 

11 ‘‘(C) at a stockyard (as defined in section 

12 302 of the Packers and Stockyards Act, 1921 

13 (7 U.S.C. 202)); or 

14 ‘‘(D) through a trading system or platform 

15 for the purchase or sale of cattle, or for an ar16 rangement to purchase or sell cattle, through 

17 any means in which multiple buyer and seller 

18 participants have the ability to, and regularly 

19 and consistently, make and accept bids and of20 fers on or at the trading system or platform.’’; 

21 (4) by inserting after paragraph (4) (as so re22 designated) the following: 

23 ‘‘(5) FED CATTLE.—The term ‘fed cattle’ 

24 means a steer or heifer that has been finished on a 

25 ration of roughage and feed concentrates, such as 


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1 grains, protein meal, grass (forage), and other nutri2 ent-rich feeds, prior to slaughter.’’; 

3 (5) by inserting after paragraph (8) (as so re4 designated) the following: 

5 ‘‘(9) MANDATORY MINIMUM.—The term ‘man6 datory minimum’ means, of the quantity of fed cat7 tle purchased for slaughter by a covered packer (as 

8 defined in section 221) for each processing plant, 

9 the minimum percentage of such cattle that are re10 quired to be purchased through approved pricing 

11 mechanisms from producers that are not packers.’’; 

12 and 

13 (6) by inserting after paragraph (10) (as so re14 designated) the following: 

15 ‘‘(11) NEGOTIATED GRID PURCHASE.—The 

16 term ‘negotiated grid purchase’, with respect to cat17 tle, means a purchase— 

18 ‘‘(A) involving the negotiation of a base 

19 price from which premiums are added and dis20 counts are subtracted, determined by seller21 buyer interaction and agreement on a delivery 

22 day; and 

23 ‘‘(B) under which the cattle are scheduled 

24 for delivery to the packer not later than 14 


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1 days after the date on which the cattle are com2 mitted to the packer.’’. 

3 (b) CATTLE REPORTING DEFINITIONS.—Section 221 

4 of the Agricultural Marketing Act of 1946 (7 U.S.C. 

5 1635d) is amended— 

6 (1) in paragraph (1), by striking ‘‘7-day’’ and 

7 inserting ‘‘14-day’’; 

8 (2) in paragraph (8)(B), by striking ‘‘market’’ 

9 and inserting ‘‘marketing’’; 

10 (3) by redesignating paragraphs (3), (4), (5), 

11 (6), (7), and (8) as paragraphs (5), (6), (8), (9), 

12 (11), and (12), respectively; 

13 (4) by inserting after paragraph (2) the fol14 lowing: 

15 ‘‘(3) COVERED CONTRACT.— 

16 ‘‘(A) IN GENERAL.—The term ‘covered 

17 contract’ means any agreement, written or oral, 

18 between a packer and a producer for the pur19 chase of fed cattle for slaughter. 

20 ‘‘(B) EXCLUSION.—The term ‘covered con21 tract’ does not include a contract for a nego22 tiated purchase. 

23 ‘‘(4) COVERED PACKER.—The term ‘covered 

24 packer’ means a packer that has slaughtered during 

25 the immediately preceding 5 calendar years an averVerDate Sep 11 2014 22:32 Mar 16, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1287.IH H1287

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1 age of not less than 5 percent of the number of fed 

2 cattle slaughtered nationally during the immediately 

3 preceding 5 calendar years.’’; 

4 (5) by inserting after paragraph (6) (as so re5 designated) the following: 

6 ‘‘(7) HEIFER.—The term ‘heifer’ means a bo7 vine female that has not given birth to a calf.’’; and 

8 (6) by inserting after paragraph (9) (as so re9 designated) the following: 

10 ‘‘(10) STEER.—The term ‘steer’ means a bovine 

11 male castrated before reaching sexual maturity.’’. 

12 SEC. 3. 14-DAY CATTLE SLAUGHTER REPORT. 

13 Section 222(c) of the Agricultural Marketing Act of 

14 1946 (7 U.S.C. 1635e(c)) is amended— 

15 (1) in paragraph (1)— 

16 (A) by striking subparagraphs (B) and 

17 (C); and 

18 (B) by redesignating subparagraph (D) as 

19 subparagraph (B); 

20 (2) in paragraph (2), by striking ‘‘the informa21 tion’’ and inserting ‘‘information reported under this 

22 subsection’’; 

23 (3) by redesignating paragraph (2) as para24 graph (3); and 


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1 (4) by inserting after paragraph (1) the fol2 lowing: 

3 ‘‘(2) PRIOR DAY REPORTING.— 

4 ‘‘(A) IN GENERAL.—The corporate officers 

5 or officially designated representatives of each 

6 packer processing plant shall report to the Sec7 retary, for each business day of the packer 

8 processing plant, not later than 10:00 a.m. 

9 Central Time on each reporting day, the infor10 mation from the prior business day described in 

11 subparagraph (B). 

12 ‘‘(B) INFORMATION REQUIRED.—The in13 formation required under subparagraph (A) 

14 shall be, with respect to the prior business day, 

15 the number of cattle scheduled for delivery to a 

16 packer processing plant for slaughter for each 

17 of the next 14 calendar days.’’. 

18 SEC. 4. EXPEDITED CARCASS WEIGHTS REPORTING. 

19 Section 222 of the Agricultural Marketing Act of 

20 1946 (7 U.S.C. 1635e) is amended by adding at the end 

21 the following: 

22 ‘‘(f) EXPEDITED CARCASS WEIGHTS.— 

23 ‘‘(1) DETERMINATION.—Not later than 180 

24 days after the date of enactment of the Cattle Price 

25 Discovery and Transparency Act of 2023, the SecVerDate Sep 11 2014 22:32 Mar 16, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H1287.IH H1287

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1 retary shall determine the minimum amount of time 

2 needed by the Secretary to publicly report the daily 

3 average carcass weight of cattle slaughtered by pack4 er processing plants. 

5 ‘‘(2) REPORTING.—Not later than 180 days 

6 after the Secretary has made a determination under 

7 paragraph (1), the Secretary shall begin publicly re8 porting the information described in that paragraph 

9 within the time determined under that paragraph.’’. 

10 SEC. 5. MANDATORY REPORTING OF CUTOUT YIELD. 

11 Section 223 of the Agricultural Marketing Act of 

12 1946 (7 U.S.C. 1635f) is amended— 

13 (1) in subsection (a)— 

14 (A) in the subsection heading, by striking 

15 ‘‘DAILY REPORTING’’ and inserting ‘‘IN GEN16 ERAL’’; 

17 (B) in paragraph (3)— 

18 (i) in subparagraph (C), by striking 

19 the period at the end and inserting ‘‘; 

20 and’’; and 

21 (ii) by redesignating subparagraphs 

22 (A) through (C) as clauses (i) through 

23 (iii), respectively, and indenting appro24 priately; 


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1 (C) by redesignating paragraphs (1) 

2 through (3) as subparagraphs (A) through (C), 

3 respectively, and indenting appropriately; 

4 (D) in the matter preceding subparagraph 

5 (A) (as so redesignated), by striking ‘‘Secretary 

6 at least’’ and inserting the following: ‘‘Sec7 retary— 

8 ‘‘(1) at least’’; and 

9 (E) by adding at the end the following: 

10 ‘‘(2) at least once each year, at a time deter11 mined by the Secretary, cutout yield data.’’; and 

12 (2) in subsection (b)— 

13 (A) by striking ‘‘the information required 

14 to be reported under subsection (a)’’; and 

15 (B) by striking ‘‘day.’’ and inserting the 

16 following: ‘‘day— 

17 ‘‘(1) the information required to be reported 

18 under subsection (a)(1); and 

19 ‘‘(2) a composite price using the information re20 quired to be reported under paragraphs (1) and (2) 

21 of subsection (a).’’. 

22 SEC. 6. CATTLE CONTRACT LIBRARY. 

23 The Agricultural Marketing Act of 1946 is amend24 ed— 


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1 (1) by redesignating section 223 (7 U.S.C. 

2 1635f) as section 224; and 

3 (2) by inserting after section 222 (7 U.S.C. 

4 1635e) the following: 

5 ‘‘SEC. 223. CATTLE CONTRACT LIBRARY. 

6 ‘‘(a) IN GENERAL.—Not later than 120 days after 

7 the date of enactment of the Cattle Price Discovery and 

8 Transparency Act of 2023, the Secretary shall establish 

9 and maintain, through the Livestock Mandatory Price Re10 porting program, a library or catalog (referred to in this 

11 section as the ‘library’), of each type of covered contract 

12 entered into between packers and producers for the pur13 chase of fed cattle (including cattle that are purchased or 

14 committed for delivery), including any schedules of pre15 miums or discounts associated with the covered contract. 

16 ‘‘(b) INFORMATION COLLECTION.— 

17 ‘‘(1) IN GENERAL.—To maintain the library, 

18 the Secretary shall obtain information from each 

19 packer on each type of existing covered contract of 

20 the packer by requiring a filing or other form of in21 formation submission from each packer. 

22 ‘‘(2) CONTRACT INFORMATION.—Information 

23 submitted to the Secretary by a packer under para24 graph (1) shall include, with respect to each existing 

25 covered contract of a packer— 


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1 ‘‘(A) the type of contract; 

2 ‘‘(B) the duration of the contract; 

3 ‘‘(C) a summary of the contract terms; 

4 ‘‘(D) provisions in the contract that may 

5 affect the price of cattle covered by the con6 tract, including schedules, premiums and dis7 counts, financing and risk-sharing arrange8 ments, and transportation arrangements; 

9 ‘‘(E) the total number of cattle covered by 

10 the contract solely committed to the packer 

11 each week within the 6-month and 12-month 

12 periods following the date of the contract and 

13 the percentage of cattle each week that may 

14 vary for delivery or nondelivery at the discretion 

15 of the packer, organized by reporting region or 

16 in such other manner as the Secretary may de17 termine; 

18 ‘‘(F) in the case of a contract in which a 

19 specific number of cattle are not solely com20 mitted to the packer— 

21 ‘‘(i) an indication that the contract is 

22 an open commitment; and 

23 ‘‘(ii) any weekly, monthly, annual, or 

24 other limitations or requirements on the 

25 number of cattle that may be delivered to 


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1 the packer under the contract, including 

2 the percentage of cattle that may vary for 

3 delivery or nondelivery in a given time pe4 riod at the discretion of the packer; and 

5 ‘‘(G) a description of the provisions in the 

6 contract that provide for expansion in the num7 bers of fed cattle to be delivered under the con8 tract for the 6-month and 12-month periods fol9 lowing the date of the contract. 

10 ‘‘(c) AVAILABILITY OF INFORMATION.— 

11 ‘‘(1) IN GENERAL.—The Secretary shall make 

12 publicly available to producers and other interested 

13 persons information (including the information de14 scribed in subsection (b)(2)), in a user-friendly for15 mat, on the types of covered contracts in the library, 

16 including notice (on a real-time basis, if practicable) 

17 of the types of covered contracts that are entered 

18 into between packers and producers for the purchase 

19 of fed cattle. 

20 ‘‘(2) MONTHLY REPORT.— 

21 ‘‘(A) IN GENERAL.—Beginning 30 days 

22 after the library is established, the Secretary 

23 shall make the information obtained each 

24 month in the library available in a monthly re25 port to producers and other interested persons. 


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1 ‘‘(B) CONTENTS.—The monthly report de2 scribed in subparagraph (A) shall include— 

3 ‘‘(i) based on the information collected 

4 under subsection (b)(2)(E), an estimate by 

5 the Secretary of the total number of fed 

6 cattle committed under covered contracts 

7 for delivery to packers within the 6-month 

8 and 12-month periods following the date of 

9 the report, organized by reporting region 

10 and type of contract; 

11 ‘‘(ii) based on the information col12 lected under subsection (b)(2)(F), the 

13 number of covered contracts with an open 

14 commitment and any weekly, monthly, an15 nual, or other limitations or requirements 

16 on the number of cattle that may be deliv17 ered under such contracts, including the 

18 percentage of cattle that may vary for de19 livery or nondelivery in a given time period 

20 at the discretion of the packer; and 

21 ‘‘(iii) based on the information col22 lected under subsection (b)(2)(G), an esti23 mate by the Secretary of the total max24 imum number of fed cattle that may be de25 livered within the 6-month and 12-month 


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1 periods following the date of the report, or2 ganized by reporting region and type of 

3 contract. 

4 ‘‘(d) MAINTENANCE OF LIBRARY.—Information in 

5 the library about types of contracts that are no longer of6 fered or in use shall be removed from the library. 

7 ‘‘(e) CONFIDENTIALITY.—The reporting require8 ments for packers under this section shall be subject to 

9 the confidentiality protections provided under section 251. 

10 ‘‘(f) VIOLATIONS.—It shall be unlawful and a viola11 tion of this Act for any packer to willfully fail or refuse— 

12 ‘‘(1) to provide to the Secretary accurate infor13 mation required under this section; or 

14 ‘‘(2) to comply with any other requirement of 

15 this section. 

16 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There 

17 are authorized to be appropriated to the Secretary such 

18 sums as are necessary to carry out this section.’’. 

19 SEC. 7. MARKET ACQUISITION OF FED CATTLE. 

20 (a) SENSE OF THE CONGRESS.—It is the sense of the 

21 Congress that— 

22 (1) all participants in the fed cattle market 

23 have a responsibility to contribute to sufficient levels 

24 of negotiated trade of fed cattle in all cattle feeding 

25 regions in order to achieve competitive bidding and 


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1 maximum transparency in all relevant markets and 

2 robust price discovery for the benefit of all market 

3 participants; 

4 (2) covered packers that use negotiated market 

5 prices or internal formulations thereof as the basis 

6 for formula marketing arrangements may have in7 centives to not participate in price discovery in fed 

8 cattle markets, including in order to influence the 

9 price, especially if the majority of the cattle pur10 chases are under fed cattle formula marketing ar11 rangements under which it is particularly important 

12 to have minimum participation; and 

13 (3) the Department of Agriculture should exam14 ine academic literature regarding minimum levels of 

15 negotiated transactions necessary to achieve robust 

16 price discovery, eliminate the potential for price ma17 nipulation, and enhance cattle producer leverage in 

18 the marketplace in each of the cattle marketing re19 gions. 

20 (b) PENALTIES.—Section 253(a) of the Agricultural 

21 Marketing Act of 1946 (7 U.S.C. 1636b(a)) is amended— 

22 (1) in paragraph (1)— 

23 (A) by striking the paragraph designation 

24 and heading and all that follows through ‘‘Any 

25 packer’’ and inserting the following: 


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1 ‘‘(1) PENALTY AMOUNT.— 

2 ‘‘(A) IN GENERAL.—Except as provided in 

3 subparagraph (B), any packer’’; and 

4 (B) by adding at the end the following: 

5 ‘‘(B) MANDATORY MINIMUM VIOLATION.— 

6 Any packer or other person that violates section 

7 259 may be assessed a civil penalty by the Sec8 retary of not more than $90,000 for each viola9 tion (as adjusted for inflation).’’; and 

10 (2) in paragraph (2)— 

11 (A) by striking ‘‘Each day’’ and inserting 

12 the following: 

13 ‘‘(A) IN GENERAL.—Except as provided in 

14 subparagraph (B), each day’’; and 

15 (B) by adding at the end the following: 

16 ‘‘(B) MANDATORY MINIMUM VIOLATION.— 

17 Each week during which a violation of section 

18 259 continues shall be considered to be a sepa19 rate violation.’’. 

20 (c) MANDATORY MINIMUMS.—The Agricultural Mar21 keting Act of 1946 is amended— 

22 (1) by redesignating sections 259 and 260 (7 

23 U.S.C. 1636h, 1636i) as sections 260 and 261, re24 spectively; and 


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1 (2) by inserting after section 258 (7 U.S.C. 

2 1636g) the following: 

3 ‘‘SEC. 259. MANDATORY MINIMUMS. 

4 ‘‘(a) PURPOSE.—The purpose of this section is to es5 tablish mandatory minimums— 

6 ‘‘(1) to enhance price discovery, transparency, 

7 and cattle producer leverage for cattle market par8 ticipants; and 

9 ‘‘(2) to minimize and mitigate conflicts of inter10 est and other incentives for a covered packer to in11 fluence the base price of formula marketing arrange12 ments for the benefit of the covered packer through 

13 action or inaction in the market in which the base 

14 price is determined. 

15 ‘‘(b) ESTABLISHMENT.— 

16 ‘‘(1) IN GENERAL.—Not later than 2 years 

17 after the date of enactment of the Cattle Price Dis18 covery and Transparency Act of 2023, the Secretary 

19 shall establish— 

20 ‘‘(A) 5 to 7 contiguous regions (referred to 

21 in this section as ‘covered regions’) that— 

22 ‘‘(i) together encompass the entire 

23 continental United States; and 


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1 ‘‘(ii) to the extent practicable, reason2 ably reflect similar fed cattle purchase 

3 practices; 

4 ‘‘(B) a mandatory minimum— 

5 ‘‘(i) for each covered region estab6 lished under subparagraph (A); and 

7 ‘‘(ii) that shall be applicable with re8 spect to each processing plant of a covered 

9 packer located in that covered region; and 

10 ‘‘(C) a time period within which a covered 

11 packer shall be required to meet the applicable 

12 mandatory minimum, which shall be not less 

13 than 1 week but not more than 30 days. 

14 ‘‘(2) MODIFICATIONS.—The Secretary— 

15 ‘‘(A) shall review the mandatory minimums 

16 established under paragraph (1) not later than 

17 2 years after the date of establishment and pe18 riodically thereafter, but not less frequently 

19 than once every 5 years; and 

20 ‘‘(B) modify any such mandatory min21 imum, as necessary, after consulting with rep22 resentatives of the United States cattle and beef 

23 industry and in accordance with paragraph (4). 

24 ‘‘(3) PUBLIC INPUT.—In carrying out this sub25 section, the Secretary shall make all proposed manVerDate Sep 11 2014 22:32 Mar 16, 2023 Jkt 039200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\H1287.IH H1287

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1 datory minimums subject to notice and comment 

2 rulemaking and a cost-benefit analysis. 

3 ‘‘(4) CONSIDERATIONS.—In establishing or 

4 modifying mandatory minimums under this sub5 section for any covered region, the Secretary shall 

6 consider the following factors: 

7 ‘‘(A) The number of covered packers in the 

8 covered region. 

9 ‘‘(B) The availability of fed cattle in the 

10 covered region. 

11 ‘‘(C) Pre-existing contractual arrange12 ments of packers in the covered region. 

13 ‘‘(D) The number of pricing transactions 

14 (pens of cattle sold) in the covered region. 

15 ‘‘(E) The proportion of fed cattle pur16 chased in the covered region through negotiated 

17 purchases or negotiated grid purchases relative 

18 to the number of formula marketing arrange19 ments that use the negotiated prices or nego20 tiated grid prices as base prices. 

21 ‘‘(5) INITIAL MANDATORY MINIMUM REQUIRE22 MENT.—The initial mandatory minimum established 

23 under paragraph (1)(B) for each covered region 

24 shall be— 


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1 ‘‘(A) not less than the average percentage 

2 of negotiated purchases and negotiated grid 

3 purchases made in that covered region between 

4 January 1, 2020, and January 1, 2022; and 

5 ‘‘(B) not more than 50 percent. 

6 ‘‘(c) PURCHASES.—A covered packer shall, with re7 spect to each processing plant of the covered packer, pur8 chase through an approved pricing mechanism not less 

9 than the percentage of fed cattle required under the man10 datory minimum established under subsection (b) for the 

11 covered region in which the processing plant is located. 

12 ‘‘(d) ENFORCEMENT.— 

13 ‘‘(1) IN GENERAL.—On establishing mandatory 

14 minimums under subsection (b), the Secretary— 

15 ‘‘(A) shall regularly monitor compliance by 

16 covered packers with those mandatory mini17 mums; and 

18 ‘‘(B) in the case of noncompliance by a 

19 covered packer in a given period, may allow the 

20 covered packer to remedy the noncompliance by 

21 purchasing the applicable shortfall in the ap22 proved pricing mechanism in 1 or more subse23 quent periods, subject to paragraph (2). 

24 ‘‘(2) NONREMEDY.—The Secretary shall not 

25 allow a covered packer to remedy noncompliance 


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1 under paragraph (1)(B) if the covered packer has a 

2 pattern or practice of noncompliance, as determined 

3 by the Secretary. 

4 ‘‘(e) EFFECT ON PREMIUMS.—Nothing in this sec5 tion prohibits a formula marketing arrangement from in6 cluding a premium in addition to the base price, including 

7 a premium for meat quality, consistency, breed, produc8 tion method, branding, or any other value-added effort.’’. 

9 SEC. 8. ALTERNATIVE MARKETING ARRANGEMENTS FEASI10 BILITY REPORT. 

11 Not later than 180 days after the date of enactment 

12 of this Act, the Secretary of Agriculture, acting through 

13 the Administrator of the Agricultural Marketing Service, 

14 shall publish a report analyzing the feasibility of alter15 native marketing arrangements with a base price tied to 

16 the price of boxed beef, which shall include information 

17 on— 

18 (1) the benefits and limitations of such alter19 native marketing arrangements; 

20 (2) barriers limiting adoption of such alter21 native marketing arrangements; 

22 (3) potential educational needs relating to the 

23 use of such alternative marketing arrangements for 

24 industry participants; and 


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1 (4) risk management needs to increase the 

2 adoption and facilitate the ongoing delivery of bene3 fits of such alternative marketing arrangements to 

4 industry participants. 

5 SEC. 9. MODIFICATIONS TO LIVESTOCK MANDATORY RE6 PORTING REGIONS. 

7 Not later than 1 year after the date of enactment 

8 of this Act, the Secretary of Agriculture, acting through 

9 the Administrator of the Agricultural Marketing Service, 

10 shall realign the livestock mandatory reporting regions es11 tablished pursuant to subtitle B of the Agricultural Mar12 keting Act of 1946 (7 U.S.C. 1635 et seq.) by— 

13 (1) modifying the existing Colorado cattle re14 porting region to include the State of Wyoming; and 

15 (2) modifying the existing Iowa-Minnesota cat16 tle reporting region to include the States of Illinois 

17 and South Dakota. 

Æ 


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