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[Senate Report 114-206]
[From the U.S. Government Publishing Office]

114th Congress    }                                     {       Report
                                 SENATE
 2d Session       }                                     {      114-206                                                                
_______________________________________________________________________

                                     

                AGRICULTURE REAUTHORIZATIONS ACT OF 2015

                               __________

                              R E P O R T

                                 of the

                  COMMITTEE ON AGRICULTURE, NUTRITION,

                              AND FORESTRY

                                   on

                               H.R. 2051

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

                February 8, 2016.--Ordered to be printed
                                    ______

                         U.S. GOVERNMENT PUBLISHING OFFICE 

59-010 PDF                     WASHINGTON : 2016                
                
                
                
                
                
                
                
                
                
                
                
                
                
                
                
                
                
        SENATE COMMITTEE ON AGRICULTURE, NUTRITION, AND FORESTRY
                    ONE HUNDRED FOURTEENTH CONGRESS
                             SECOND SESSION

                     PAT ROBERTS, Kansas, Chairman
THAD COCHRAN, Mississippi            DEBBIE STABENOW, Michigan
MITCH McCONNELL, Kentucky            PATRICK J. LEAHY, Vermont
JOHN BOOZMAN, Arkansas               SHERROD BROWN, Ohio
JOHN HOEVEN, North Dakota            AMY KLOBUCHAR, Minnesota
DAVID PERDUE, Georgia                MICHAEL BENNET, Colorado
JONI ERNST, Iowa                     KIRSTEN GILLIBRAND, New York
THOM TILLIS, North Carolina          JOE DONNELLY, Indiana
BEN SASSE, Nebraska                  HEIDI HEITKAMP, North Dakota
CHUCK GRASSLEY, Iowa                 ROBERT P. CASEY, Jr., Pennsylvania
JOHN THUNE, South Dakota

114th Congress    }                                     {       Report
                                 SENATE
 2d Session       }                                     {      114-206

======================================================================

 
                AGRICULTURE REAUTHORIZATIONS ACT OF 2015

                                _______
                                

                February 8, 2016.--Ordered to be printed

                                _______
                                

    Mr. Roberts, from the Committee on Agriculture, Nutrition, and 
                   Forestry, submitted the following

                              R E P O R T

                        [To accompany H.R. 2051]

    The Committee on Agriculture, Nutrition, and Forestry, to 
which 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, reports favorably thereon with an 
amendment (in the nature of a substitute) and recommends that 
the bill (as amended) do pass.

                          Purpose of the Bill

    The purpose of this legislation is to reauthorize expiring 
authority for livestock mandatory price reporting, the National 
Forest Foundation, and federal grain inspection. The 
legislation also makes improvements to increase effectiveness, 
certainty, and transparency in the livestock mandatory price 
reporting and federal grain inspection programs for U.S. 
farmers and other market participants.
    The reported bill provides authority for the National 
Forest Foundation through fiscal year 2018 and authority for 
the livestock mandatory price reporting and federal grain 
inspection programs through fiscal year 2020.

                          Background and Needs

                   Title I--Mandatory Price Reporting

    Under the authority of the Livestock Mandatory Reporting 
Act of 1999 (P.L. 106-78) and the Agricultural Marketing Act of 
1946 (AMA), meat packers are required to report the prices they 
pay for cattle, swine, and lambs to the United States 
Department of Agriculture (USDA) as well as the prices they 
receive for the sale of wholesale beef, pork, and lamb. In 
addition, USDA is required to issue daily, weekly and monthly 
reports that detail the various transactions occurring in 
livestock and meat markets. This information provides producers 
and market participants a more transparent view of marketplace 
conditions, allowing them to make informed business decisions.
    The current authorization for livestock mandatory price 
reporting expires on September 30, 2015. The reported bill 
reauthorizes the program through September 30, 2020.
    The bill also makes technical improvements to swine and 
lamb reporting including: creating a negotiated formula 
purchase price category for swine reporting to be composed of 
trades currently categorized in the swine or pork market 
formula purchase category, shifting late in the day swine 
transactions to the reports issued the following morning, and 
creating definitions for lamb importer and lamb packer. These 
changes will facilitate capturing additional trades that are 
occurring between swine and lamb producers and packers, and 
lamb imports coming in the U.S. market, which will provide a 
more descriptive landscape of the market for swine and lambs.
    Lastly, the legislation directs the Secretary to conduct a 
study on the workability of livestock mandatory price reporting 
in advance of the next reauthorization. In conducting the 
study, the Secretary is directed to enter into conversations 
with organizations representing beef, lamb and pork producers, 
packers, and other market participants. This dialogue will 
serve to identify potential legislative and regulatory 
improvements that can be made to the program.

        Title II--National Forest Foundation Act Reauthorization

    The National Forest Foundation, originally chartered by 
Congress in 1992, serves as a non-profit partner of the U.S. 
Forest Service to leverage public and private funding to 
restore and enhance the Nation's federal forests and 
grasslands. The National Forest Foundation has been funded 
through the annual appropriations process despite its authority 
expiring in 1997. The reported bill extends the National Forest 
Foundation authority through fiscal year 2018 with 
discretionary funding at $3 million per year, which is 
consistent with recent annual appropriations funding levels. 
Authority for the National Forest Foundation will expire at the 
end of fiscal year 2018, making its duration consistent with 
the authorization periods for most forestry programs in the 
Farm Bill.

      Title III--United States Grain Standards Act Reauthorization

    The Secretary, acting through the Federal Grain Inspection 
Service, is responsible for establishing official marketing 
standards for U.S. grains and oilseeds and managing inspection. 
In 2014, mandatory federal inspection lapsed at an export grain 
facility in Vancouver, Washington and trade was disrupted for 
36 days. The reported bill reauthorizes various provisions in 
the United States Grain Standards Act (USGSA) relating to 
federal grain inspection through fiscal year 2020. The statute 
was last reauthorized in 2005 with authorities set to expire on 
September 30, 2015. In addition to reauthorization, the bill 
also improves predictability and transparency for U.S. 
commodity producers, exporters, and trading partners with 
adding increased reporting and certification requirements.

                         Summary of Provisions

                   Title I--Mandatory Price Reporting

    The legislation reauthorizes livestock mandatory price 
reporting for five years, through September 30, 2020. The bill 
also makes several technical improvements to livestock 
mandatory price reporting for swine and lamb.
    With respect to swine, the legislation amends Section 231 
of the AMA to create a new ``negotiated formula purchase'' 
price category. A ``negotiated formula purchase'' is defined 
as: ``a swine or pork market formula purchase under which (A) 
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''. The bill 
also amends Section 232 of the AMA to require that ``late in 
the day reporting'' be included in the next morning's reports.
    For lamb, the legislation directs the Secretary to revise 
USDA regulations regarding the terms ``packer'' and 
``importer.'' The bill defines the term ``packer'' to apply to 
``any entity with 50 percent or more ownership in a facility'' 
and to include a ``federally-inspected 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.'' The term may also include any other processing plant 
that doesn't meet that requirement if the Secretary determines 
the plant should be considered a packer after considering its 
capacity. The reported bill also defines the term ``importer'' 
to include ``only those importers that imported an average of 
1,000 metric tons of lamb meat products per year.''
    Lastly, the bill requires the Secretary to conduct a study 
in conjunction with organizations representing producers, 
packers and other market participants on the livestock 
mandatory price reporting program. The study is to be submitted 
to Congress no later than March 1, 2018.

        Title II--National Forest Foundation Act Reauthorization

    The reported bill extends the authority for the National 
Forest Foundation through fiscal year 2018 with a discretionary 
funding level of $3 million per year.

      Title III--United States Grain Standards Act Reauthorization

    The reported bill reauthorizes various provisions of the 
USGSA through 2020. The bill also makes several important 
improvements to federal grain inspection and weighing in order 
to increase transparency and predictability in service.
    The legislation creates certainty by mandating the use of 
emergency waiver authority. The Managers intend for the 
Secretary to waive official weighing and inspection 
requirements both in cases of emergency as well as other 
circumstances as long as the waiver does not impair the 
underlying objectives of the statute and the buyers and sellers 
agree and provide documentation of the agreement to the 
Secretary. This waiver requirement is intended to provide 
certainty to trading partners as well as U.S. suppliers.
    The reported bill removes outdated requirements to ensure 
that grain entering an export facility is treated in the same 
manner, regardless of the mode of transportation.
    The Managers recognize that the Secretary has a permanent 
statutory obligation to ensure that there is continuity of 
export inspection operations regardless if the services are 
performed by federal employees, a delegated agency, or some 
other means. To guarantee this responsibility is met, the bill 
establishes transparent disruption notification and reporting 
requirements. Specifically, it requires a delegated state to 
notify the Secretary 72 hours in advance of a temporary 
disruption of export inspection or weighing. The advance 
notification is to allow the Secretary time to maintain export 
inspection or weighing services. Upon notification, the bill 
requires the Secretary to immediately take actions to address 
the disruption and resume inspections or weighing. The 
Secretary is required to notify the Committee on Agriculture of 
the House of Representatives and Committee on Agriculture, 
Nutrition, and Forestry of the Senate within 24 hours of a 
disruption occurring. The Secretary must describe the 
disruption and identify any actions necessary so that 
inspections and weighing may resume. The Chair and Ranking 
Member have confirmed that the Secretary has broad authority to 
take action, including hiring security personnel or other third 
party services that are appropriate. Finally, the bill requires 
the Secretary to provide daily updates for the duration of any 
disruption.
    The reported bill creates a transparent certification 
process for existing delegated state agencies that carry out 
export inspection. It requires the Secretary to establish the 
certification process within one year pursuant to statutory 
criteria, including personnel, training, fee collection, and 
recordkeeping. In such process, the Secretary is required to 
provide for public comment and public notice of whether the 
certification has been granted and on what basis the decision 
was made. The Managers intend for the certification process to 
be implemented and the first reviews of delegated states 
complete in a timely manner prior to 2020. The bill requires 
recertification of each delegated state every five years.
    For designated agencies, the bill requires the Secretary to 
consult with customers of designated entities to ensure 
satisfaction with performance and address any service issues 
identified during this process. The bill also increases the 
duration of designation authority for domestic inspection and 
weighing services from three to five years.
    The bill removes the geographic boundary restriction for 
domestic inspection and weighing if both the applicant for 
service and the current officially designated agency for the 
geographic area are in agreement.
    The reported bill requires that inspection and weighing 
fees based on export tonnage be based on a more predictable, 
rolling five-year average of export tonnage volumes. It also 
requires the Secretary to annually review and adjust fees in 
order to maintain a three to six month operating reserve.
    The bill reauthorizes the following provisions in the USGSA 
until September 30, 2020: authority for delegated and 
designated state agencies to collect fees, the cap on 
administrative and supervisory costs, authority for 
appropriations, and the authority for the Grain Inspection 
Advisory Committee.
    Outside of the USGSA, the reported bill requires the 
Secretary to issue a report within 180 days of date of 
enactment to both the authorizing and appropriations Committees 
about the 2014 disruption in Federal inspection of grain 
exports. The report must include: (1) specific factors which 
led to the disruption at the Port of Vancouver in the summer of 
2014, (2) a description of the port facility, the security 
situation and available resources, as well as any other 
significant factors, and (3) any changes in policy that the 
Secretary has implemented to ensure that a similar disruption 
in inspection of grain exports does not occur at the Port of 
Vancouver or other locations in the future.
    The bill also requires the Secretary, in consultation with 
the Office of the U.S. Trade Representative, to issue a report 
to the Committee on Agriculture of the House of Representatives 
and Committee on Agriculture, Nutrition, and Forestry of the 
Senate that describes: (1) the policy barriers to U.S. grain 
producers in countries, including Canada, that do not offer 
official grading for U.S. grain or provide only the lowest 
designation for U.S. grain, including an analysis of their 
possible inconsistencies with trade obligations, and (2) any 
actions the Administration is taking to remedy such barriers 
and put U.S. producers on equal footing with their counterparts 
in countries imposing such barriers.

                          Legislative History

    On June 9, 2015, H.R. 2051 was passed by the House of 
Representatives by voice vote on a motion to suspend the rules. 
The bill was referred to the Committee on Agriculture, 
Nutrition, and Forestry in the Senate.
    On September 17, 2015, the Committee held a business 
meeting to consider H.R. 2051. Chairman Roberts offered an 
amendment in the nature of a substitute which was adopted by 
unanimous consent. In addition to livestock mandatory price 
reporting, the amendment contained two additional bills (H.R. 
2394 and H.R. 2088) previously passed by the House of 
Representatives by voice vote on a motion to suspend the rules. 
The amendment text related to grain standards act 
reauthorization is substantially similar to S. 1417, which was 
reported favorably by the Committee by voice vote on May 21, 
2015. The Committee then ordered H.R. 2051, as amended, 
reported favorably by voice vote.

                            Estimated Costs

    In accordance with paragraph 11(a) of rule XXVI of the 
Standing Rules of the Senate and section 403 of the 
Congressional Budget Act of 1974, the Committee provides the 
following cost estimate, prepared by the Congressional Budget 
Office:

H.R. 2051--Agriculture Reauthorizations Act of 2015

    Summary: H.R. 2051 would amend and extend through 2020 the 
U.S. Department of Agriculture's (USDA's) authority to require 
certain meat packers to report on the supply, demand, and 
prices of certain livestock. The bill also would authorize the 
appropriation of matching funds for administrative and project 
expenses to the National Forest Foundation through 2018; that 
authorization expired on September 30, 1996. Finally, H.R. 2051 
would authorize the appropriation of such sums as may be 
necessary for the Grain Inspection, Packers, and Stockyards 
Administration (GIPSA) to carry out activities under the United 
States Grain Standards Act and extend GIPSA's authority to 
collect and spend fees for certain inspection and weighing 
services.
    CBO estimates that implementing H.R. 2051 would cost $151 
million over the 2016-2020 period, assuming appropriation of 
the necessary amounts. Enacting the bill would affect direct 
spending; therefore, pay-as-you-go procedures apply. However, 
CBO estimates that such effects would not be significant in any 
year. Enacting the bill would not affect revenues.
    H.R. 2051 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 a private-sector mandate, as defined 
in UMRA, on grain exporters by extending GIPSA's authority to 
collect fees. It also would impose a mandate 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 fall 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 functions 300 
(natural resources) and 350 (agriculture).

----------------------------------------------------------------------------------------------------------------
                                                                     By fiscal year, in millions of dollars
                                                              --------------------------------------------------
                                                                2016    2017    2018    2019    2020   2016-2020
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION
 
Title I--Mandatory Price Reporting
    Estimated Authorization Level............................       8       7       7       7       7        36
    Estimated Outlays........................................       8       7       7       7       7        36
Title II--National Forest Foundation
    Authorization Level......................................       3       3       3       0       0         9
    Estimated Outlays........................................       3       3       3       0       0         9
Title III--Grain Inspection
    Estimated Authorization Level............................      20      21      21      22      22       106
    Estimated Outlays........................................      20      21      21      22      22       106
    Total
        Estimated Authorization Level........................      31      31      31      29      29       151
        Estimated Outlays....................................      31      31      31      29      29       151
----------------------------------------------------------------------------------------------------------------

    Basis of estimate: For this estimate, CBO assumes that H.R. 
2051 will be enacted by the end of calendar year 2015, and that 
the necessary amounts will be appropriated in each of the next 
five years.

                   Title I--Mandatory Price Reporting

    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.
    In total, CBO estimates that implementing title I would 
cost $36 million over the 2016-2020 period, assuming 
appropriation of the necessary amounts.

        Title II--National Forest Foundation Act Reauthorization

    The act would authorize the appropriation of $3 million a 
year through 2018 to support the National Forest Foundation. 
The foundation is a nonprofit corporation established by 
federal law that awards grants to maintain recreational 
resources, such as trails, and to restore watersheds, wildlife 
habitats, and plant species within national forests and 
grasslands. The foundation also carries out activities to 
educate individuals about the National Forest System.
    Assuming appropriation of the authorized amounts, CBO 
estimates that implementing the legislation would cost $9 
million over the 2016-2018 period.

      Title III--United States Grain Standards Act Reauthorization

    The legislation would reauthorize, through 2020, annual 
appropriations for GIPSA activities under the United States 
Grain Standards Act. Based on the current funding for the 
agency (in 2015, GIPSA received an appropriation of $20 
million), CBO estimates that continuing its activities would 
cost $106 million over the 2016-2020 period. That estimate is 
based on the assumption that the agency's current funding level 
would be adjusted for anticipated inflation.
    The act also would extend GIPSA's authority to collect and 
spend fees for inspection and weighing services for grain 
destined for export. GIPSA establishes such fees to recover the 
costs of providing those services. CBO estimates that 
offsetting receipts from such fees and associated spending 
total about $45 million annually and that the provision would 
not have a significant net effect on direct spending in any 
year.
    Pay-As-You-Go considerations: The Statutory Pay-As-You-Go 
Act of 2010 established budget-reporting and enforcement 
procedures for legislation affecting direct spending or 
revenues. CBO estimates that any net change in direct spending 
under H.R. 2051 would be insignificant over the 2015-2025 
period. Enacting the bill would not affect revenues.
    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 the UMRA for 
intergovernmental mandates ($77 million in 2015, adjusted 
annually for inflation).
    Estimated impact to the private sector: H.R. 2051 contains 
private-sector mandates as defined in UMRA, but CBO estimates 
that the aggregate cost of complying with the mandates would 
fall below the annual threshold established in UMRA for 
private-sector mandates ($154 million in 2015, adjusted 
annually for inflation). The act would impose a private-sector 
mandate on exporters of grain by extending GIPSA authority to 
collect fees for grain inspection and weighing services. 
Exporters are required to use those services. Based on 
information from GIPSA, CBO estimates that the fees paid by 
grain exporters would amount to $50 million to $60 million 
annually. The act also would impose mandates 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 cost of those mandates 
would total about $1 million annually.
    Previous CBO estimates: On June 4, 2015, CBO transmitted a 
cost estimate for S. 1417, the United States Grain Standards 
Act Reauthorization Act of 2015, as ordered reported by the 
Senate Committee on Agriculture, Nutrition, and Forestry, on 
May 21, 2015. On May 13, 2015, CBO transmitted a cost estimate 
for H.R. 2088, the United States Grain Standards Act 
Reauthorization Act of 2015, as ordered reported by the House 
Committee on Agriculture on April 30, 2015. Title III of H.R. 
2051, S. 1417, and H.R. 2088, have similar provisions and CBO's 
estimates of the budgetary effects are the same.
    On May 29, 2015, CBO transmitted a cost estimate for H.R. 
2394, the National Forest Foundation Reauthorization Act of 
2015, as ordered reported by the House Committee on Agriculture 
on May 20, 2015. Title II of H.R. 2051 and H.R. 2394 are 
similar, and CBO's estimates of the budgetary effects are the 
same.
    On May 21, 2015, CBO transmitted a cost estimate for H.R. 
2051, the Mandatory Price Reporting Act of 2015, as reported by 
the House Committee on Agriculture on April 30, 2015. Title I 
of the House and Senate versions of H.R. 2051 are similar, and 
CBO's estimates of the budgetary effects are the same.
    Estimate prepared by: Federal Costs: Jim Langley and Jeff 
LaFave; 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.

                      Regulatory Impact Statement

    In compliance with subsection (b)(2) of paragraph 11 of 
rule XXVI of the Standing Rules of the Senate, it is necessary 
to dispense with the requirements of paragraph (1) of that 
subsection in order to expedite the business of the Senate. The 
Committee does not expect that significant new regulatory 
burdens will result from the regulations issued pursuant to the 
reported bill. The regulations issued will prescribe and define 
implementation of the changes authorized in the reported bill.

                       Number of Persons Covered

    H.R. 2051 would make improvements to increase 
effectiveness, certainty, and transparency in existing 
programs. Accordingly, the number of persons covered should be 
largely consistent with the current levels of individuals and 
businesses covered by the provisions of law addressed in the 
bill. To the extent there are new individuals or businesses 
covered, such expansion is generally supported by the persons 
or entities added.

                            Economic Impact

    The reported bill will not have an adverse economic impact 
on the United States. To the contrary, the legislation makes 
improvements to increase the effectiveness, certainty, and 
transparency in the livestock mandatory price reporting and 
federal grain inspection programs for U.S. farmers and other 
market participants. The legislation also supports restoration 
and enhancement of the Nation's federal forest and grassland 
resources. By supporting quality jobs in the U.S. and economic 
activity in rural America, the bill will have a positive impact 
on the national economy.

                                Privacy

    The reported bill will not have a negative impact on the 
personal privacy of individuals.

                               Paperwork

    The Committee does not anticipate a major increase in 
paperwork burdens resulting from the reported bill.

                   Congressionally Directed Spending

    In compliance with paragraph 4(b) of rule XLIV of the 
Standing Rules of the Senate, the Committee does not believe 
that the reported bill contains any congressionally directed 
spending.

                      Section-by-Section Analysis

Section 1. Short title

    Section 1 designates the short title for the legislation as 
the ``Agriculture Reauthorizations Act of 2015.''

Section 101. Extension of livestock mandatory reporting

    Section 101 amends Section 260 of the AMA and Section 942 
of the Livestock Mandatory Reporting Act of 1999 to extend the 
authority for livestock mandatory price reporting through 
September 30, 2020.

Section 102. Swine reporting

    Section 102 makes several technical improvements for 
livestock mandatory price reporting for swine. First, 
subsection (a) amends Section 231 of the AMA to add a 
definition of ``negotiated formula purchase.'' Subsection (b) 
then amends Section 232 of the AMA to require that the 
Secretary publish information about hogs sold through 
negotiated purchases and negotiated formula purchases in USDA's 
daily reports. Subsection (b) also requires that any 
information reported late in the day be included in the next 
morning's reports.

Section 103. Lamb reporting

    Section 103 requires the Secretary to update the 
regulations for livestock mandatory price reporting within 180 
days of enactment to define the terms ``packer'' and 
``importer.''

Section 104. Study on livestock mandatory reporting

    Section 104 requires the Secretary to conduct a study on 
livestock mandatory reporting in consultation with cattle, 
swine and lamb producers, packers, and other market 
participants. The study shall: (1) analyze current marketing 
practices in cattle, swine and lamb markets, (2) identify 
legislative or regulatory recommendations made by producers, 
packers and other market participants, (3) analyze the price 
and supply information reporting services at USDA, and (4) 
address any other issues that the Secretary considers 
appropriate. The Secretary is required to submit a report by 
March 1, 2018 to the Committee on Agriculture of the House of 
Representatives and the Committee on Agriculture, Nutrition, 
and Forestry of the Senate on the findings of the study.

Section 201. National Forest Foundation Act reauthorization

    Section 201 amends the National Forest Foundation Act to 
extend the authority for matching funds and the authorization 
of appropriations through fiscal year 2018. Subsection (c) then 
makes certain technical changes to the Act.

Section 301. Reauthorization of United States Grain Standards Act

    Section 301 reauthorizes various provisions of the USGSA 
through 2020 and makes several changes to federal inspection 
and weighing.
    Subsection (a) amends Section 5(a)(1) of the USGSA to 
require the Secretary to waive official weighing and inspection 
requirements both in cases of emergency as well as other 
circumstances as long as the waiver does not impair the 
underlying objectives of the statute and the buyers and sellers 
agree and provide documentation of the agreement to the 
Secretary.
    Subsection (a) also amends Section 5(a)(2) to remove 
outdated requirements to ensure that grain going into an export 
facility is treated in the same manner, regardless of the mode 
of transportation. In addition, subsection (a) adds new 
language to Section 5 of the USGSA that would establish 
disruption notification and reporting requirements in order to 
increase transparency. The Secretary is required to take 
immediate action to address disruption in service and resume 
inspection or weighing. Further, the Secretary is required to 
submit a report to the Committee on Agriculture of the House of 
Representatives and the Committee on Agriculture, Nutrition, 
and Forestry of the Senate within 24 hours of a disruption that 
includes a description of the disruption and any actions 
necessary to resume inspection or weighing. Finally, the 
Secretary is required to then provide daily updates until 
inspection or weighing services at the site of disruption have 
resumed.
    Subsection (b) amends Section 7(e) of the USGSA by adding 
new language that creates a certification process for existing 
delegated state agencies. The Secretary is required to 
establish a certification process within one year of date of 
enactment pursuant to existing statutory criteria, including 
personnel, training, fee collection and recordkeeping. The 
Secretary must review delegation of authority every five years, 
provide for public comment on each certification review, and 
give public notice of the outcome of such review. Subsection 
(b) also requires delegated states to provide 72 hours of 
advance notice of their intent to discontinue inspection or 
weighing services. Whether a state has met this requirement is 
then to be considered by the Secretary in administering the 
delegation of authority to a state.
    With respect to designated agencies, subsection (b) amends 
Section 7(f)(1) of the USGSA by adding a requirement that the 
Secretary periodically consult with customers of the designated 
agency to review the performance of the agency and work with 
the agency to address any concerns identified. And, the length 
of the designation of authority is extended from three years to 
five years.
    Subsection (b) of the reported bill amends Sections 7(f)(2) 
and 7A(i)(2) of the USGSA to remove the geographic boundary 
restriction for domestic inspection and weighing if certain 
criteria are met.
    Lastly, subsection (b) of the legislation amends Section 
7(g) of the USGSA to require that the portion inspection fees 
based on export tonnage be based on a rolling five-year average 
of export tonnage volumes. Subsection (b) also requires the 
Secretary to annually review and adjust inspection fees to 
maintain a three to six month operating reserve. Subsection (c) 
then amends Section 7A of the USGSA to make these same two 
changes for weighing fees.
    Subsection (d) amends Section 7D of the USGSA to authorize 
the 30 percent cap on administrative and supervisory costs 
through 2020.
    Subsection (e) amends Section 8(b) of the USGSA to extend 
any licenses issued under the USGA from three years to five 
years.
    Subsection (f) amends Section 19 of the USGSA to 
reauthorize the authorization of appropriations through 2020.
    Section (g) amends Section 21 of the USGSA to reauthorize 
the Advisory Committee through 2020.

Section 302. Report on disruption in Federal inspection of grain 
        exports

    Section 302 of the legislation requires the Secretary to 
issue to the Committee on Agriculture, Nutrition, and Forestry 
of the Senate, the Committee on Agriculture of the House of 
Representatives, the Subcommittee on Agriculture, Rural 
Development, Food and Drug Administration, and Related Agencies 
of the Committee on Appropriations of the Senate, and the 
Subcommittee on Agriculture, Rural Development, Food and Drug 
Administration, and Related Agencies of the Committee on 
Appropriations of the House of Representatives a report on the 
2014 disruption in Federal inspection of grain exports within 
180 days of enactment of this legislation. The Secretary is 
required to include: (1) specific factors which led to the 
disruption at the Port of Vancouver in the summer of 2014, (2) 
a description of the port facility, the security situation and 
available resources, as well as other significant factors, and 
(3) any changes in policy that the Secretary has implemented to 
ensure that a similar disruption in inspection of grain exports 
does not occur at the Port of Vancouver or other locations in 
the future.

Section 303. Report on policy barriers to grain producers

    Section 303 requires the Secretary, in consultation with 
the United States Trade Representative, to submit to the 
Committee on Agriculture of the House of Representatives and 
the Committee on Agriculture, Nutrition, and Forestry of the 
Senate a report within 180 days of enactment of this 
legislation. The Secretary is required to include: (1) the 
policy barriers to U.S. grain producers in countries that do 
not offer official grading for U.S. grain or provide only the 
lowest designation for U.S. grain, and (2) any actions the 
Administration is taking to remedy such barriers and put U.S. 
producers on equal footing.

                        Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, the Committee states that, in its 
opinion, it is necessary to dispense with the requirements of 
that paragraph in order to expedite the business of the Senate.

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