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[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2051 Engrossed Amendment Senate (EAS)]

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                  In the Senate of the United States,

                                                    September 21, 2015.
    Resolved, That the bill from the House of Representatives (H.R. 
2051) entitled ``An Act to amend the Agricultural Marketing Act of 1946 
to extend the livestock mandatory price reporting requirements, and for 
other purposes.'', do pass with the following

                               AMENDMENT:

            Strike out all after the enacting clause and insert:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Agriculture 
Reauthorizations Act of 2015''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

    Sec. 1. Short title; table of contents.
                   TITLE I--MANDATORY PRICE REPORTING

    Sec. 101. Extension of livestock mandatory reporting.
    Sec. 102. Swine reporting.
    Sec. 103. Lamb reporting.
    Sec. 104. Study on livestock mandatory reporting.
        TITLE II--NATIONAL FOREST FOUNDATION ACT REAUTHORIZATION

    Sec. 201. National Forest Foundation Act reauthorization.
      TITLE III--UNITED STATES GRAIN STANDARDS ACT REAUTHORIZATION

    Sec. 301. Reauthorization of United States Grain Standards Act.
    Sec. 302. Report on disruption in Federal inspection of grain 
                                exports.
    Sec. 303. Report on policy barriers to grain producers.

                   TITLE I--MANDATORY PRICE REPORTING

SEC. 101. 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) 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. 102. 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:
            ``(9) Negotiated formula purchase.--The term `negotiated 
        formula purchase' means 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.'';
            (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:
                    ``(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:
                            ``(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:
                    ``(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 that subparagraph.''.

SEC. 103. LAMB REPORTING.

    Not later than 180 days after the date of 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 does not meet the requirement referred to in 
                subparagraph (B), if the Secretary determines that the 
                processing plant should be considered a packer after 
                considering the capacity of the processing plant.

SEC. 104. STUDY ON LIVESTOCK MANDATORY REPORTING.

    (a) Study Required.--
            (1) 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.).
            (2) Requirements.--The study shall--
                    (A) analyze current marketing practices in the 
                cattle, swine, and lamb markets;
                    (B) identify legislative or regulatory 
                recommendations made by cattle, swine, and lamb 
                producers, packers, and other market participants to 
                ensure that information provided under the program--
                            (i) can be readily understood by producers, 
                        packers, and other market participants;
                            (ii) reflects current marketing practices; 
                        and
                            (iii) is relevant and useful to producers, 
                        packers, and other market participants;
                    (C) analyze the price and supply information 
                reporting services of the Department of Agriculture 
                related to cattle, swine, and lamb; and
                    (D) address any other issues that the Secretary 
                considers appropriate.
    (b) Report.--Not later than March 1, 2018, 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).

        TITLE II--NATIONAL FOREST FOUNDATION ACT REAUTHORIZATION

SEC. 201. NATIONAL FOREST FOUNDATION ACT REAUTHORIZATION.

    (a) Extension of Authority To Provide Matching Funds for 
Administrative and Project Expenses.--Section 405(b) of the National 
Forest Foundation Act (16 U.S.C. 583j-3(b)) is amended by striking 
``for a period of five years beginning October 1, 1992'' and inserting 
``during fiscal years 2016 through 2018''.
    (b) Authorization of Appropriations.--Section 410(b) of the 
National Forest Foundation Act (16 U.S.C. 583j-8(b)) is amended by 
striking ``during the five-year period'' and all that follows through 
``$1,000,000 annually'' and inserting ``there are authorized to be 
appropriated $3,000,000 for each of fiscal years 2016 through 2018''.
    (c) Technical Corrections.--
            (1) Agent.--Section 404 of the National Forest Foundation 
        Act (16 U.S.C. 583j-2) is amended--
                    (A) in subsection (a)(4), by inserting ``notice 
                or'' after ``authorized to accept''; and
                    (B) in subsection (b), by striking ``under this 
                paragraph'' and inserting ``by subsection (a)(4)''.
            (2) Annual report.--Section 407(b) of the National Forest 
        Foundation Act (16 U.S.C. 583j-5(b)) is amended by striking the 
        comma after ``The Foundation shall''.

      TITLE III--UNITED STATES GRAIN STANDARDS ACT REAUTHORIZATION

SEC. 301. REAUTHORIZATION OF UNITED STATES GRAIN STANDARDS ACT.

    (a) Official Inspection and Weighing Requirements.--
            (1) Discretionary waiver authority.--Section 5(a)(1) of the 
        United States Grain Standards Act (7 U.S.C. 77(a)(1)) is 
        amended in the first proviso by striking ``may waive the 
        foregoing requirement in emergency or other circumstances which 
        would not impair the objectives of this Act'' and inserting 
        ``shall waive the foregoing requirement in emergency or other 
        circumstances that would not impair the objectives of this Act 
        whenever the parties to a contract for such shipment mutually 
        agree to the waiver and documentation of such agreement is 
        provided to the Secretary prior to shipment''.
            (2) Weighing requirements at export elevators.--Section 
        5(a)(2) of the United States Grain Standards Act (7 U.S.C. 
        77(a)(2)) is amended in the proviso by striking ``intracompany 
        shipments of grain into an export elevator by any mode of 
        transportation, grain transferred into an export elevator by 
        transportation modes other than barge,'' and inserting 
        ``shipments of grain into an export elevator by any mode of 
        transportation''.
            (3) Disruption in grain inspection or weighing.--Section 5 
        of the United States Grain Standards Act (7 U.S.C. 77) is 
        amended by adding at the end the following:
    ``(d) Disruption in Grain Inspection or Weighing.--In the case of a 
disruption in official grain inspections or weighings, including if the 
Secretary waives the requirement for official inspection due to an 
emergency under subsection (a)(1), the Secretary shall--
            ``(1) immediately take such actions as are necessary to 
        address the disruption and resume inspections or weighings;
            ``(2) not later than 24 hours after the start of the 
        disruption in inspection or weighing, submit to the Committee 
        on Agriculture of the House of Representatives and the 
        Committee on Agriculture, Nutrition, and Forestry of the Senate 
        a report that describes--
                    ``(A) the disruption; and
                    ``(B) any actions necessary to address the concerns 
                of the Secretary relating to the disruption so that 
                inspections or weighings may resume; and
            ``(3) once the initial report in paragraph (2) has been 
        made, provide daily updates until official inspection or 
        weighing services at the site of disruption have resumed.''.
    (b) Official Inspection Authority and Funding.--
            (1) Delegation of official inspection authority.--Section 
        7(e)(2) of the United States Grain Standards Act (7 U.S.C. 
        79(e)(2)) is amended--
                    (A) by striking ``(2) If the Secretary'' and 
                inserting the following:
            ``(2) Delegation of authority to state agencies.--
                    ``(A) In general.--If the Secretary'';
                    (B) in the first sentence--
                            (i) by striking ``and (A)'' and inserting 
                        ``and (i)'';
                            (ii) by striking ``or (B)(i)'' and 
                        inserting ``or (ii)(I)'';
                            (iii) by striking ``(ii)'' and inserting 
                        ``(II)''; and
                            (iv) by striking ``(iii)'' and inserting 
                        ``(III)''; and
                    (C) by adding at the end the following:
                    ``(B) Certification.--
                            ``(i) In general.--Every 5 years, the 
                        Secretary shall certify that each State agency 
                        with a delegation of authority is meeting the 
                        criteria described in subsection (f)(1)(A).
                            ``(ii) Process.--Not later than 1 year 
                        after the date of enactment of the Agriculture 
                        Reauthorizations Act of 2015, the Secretary 
                        shall establish a process for certification 
                        under which the Secretary shall--
                                    ``(I) publish in the Federal 
                                Register notice of intent to certify a 
                                State agency and provide a 30-day 
                                period for public comment;
                                    ``(II) evaluate the public comments 
                                received and, in accordance with 
                                paragraph (3), conduct an investigation 
                                to determine whether the State agency 
                                is qualified;
                                    ``(III) make findings based on the 
                                public comments received and 
                                investigation conducted; and
                                    ``(IV) publish in the Federal 
                                Register a notice announcing whether 
                                the certification has been granted and 
                                describing the basis on which the 
                                Secretary made the decision.
                    ``(C) State agency requirements.--
                            ``(i) In general.--If a State agency that 
                        has been delegated authority under this 
                        paragraph intends to temporarily discontinue 
                        official inspection or weighing services for 
                        any reason, except in the case of a major 
                        disaster, the State agency shall notify the 
                        Secretary in writing of the intention of the 
                        State agency to do so at least 72 hours in 
                        advance of the discontinuation date.
                            ``(ii) Secretarial consideration.--The 
                        Secretary shall consider receipt of a notice 
                        described in clause (i) as a factor in 
                        administering the delegation of authority under 
                        this paragraph.''.
            (2) Consultation.--Section 7(f)(1) of the United States 
        Grain Standards Act (7 U.S.C. 79(f)(1)) is amended--
                    (A) in subparagraph (A)(xi), by striking ``and'' at 
                the end;
                    (B) in subparagraph (B), by striking the period at 
                the end and inserting ``; and''; and
                    (C) by adding at the end the following:
                    ``(C) the Secretary--
                            ``(i) periodically conducts a consultation 
                        with the customers of the applicant, in a 
                        manner that provides opportunity for protection 
                        of the identity of the customer if desired by 
                        the customer, to review the performance of the 
                        applicant with regard to the provision of 
                        official inspection services and other 
                        requirements of this Act; and
                            ``(ii) works with the applicant to address 
                        any concerns identified during the consultation 
                        process.''.
            (3) Geographic boundaries for official agencies.--
                    (A) Official inspection authority.--Section 7(f)(2) 
                of the United States Grain Standards Act (7 U.S.C. 
                79(f)(2)) is amended by striking ``the Secretary may'' 
                and all that follows through the end of the paragraph 
                and inserting the following: ``the Secretary shall 
                allow a designated official agency to cross boundary 
                lines to carry out inspections in another geographic 
                area if--
                    ``(A) the current designated official agency for 
                that geographic area is unable to provide inspection 
                services in a timely manner;
                    ``(B) a person requesting inspection services in 
                that geographic area requests a probe inspection on a 
                barge-lot basis; or
                    ``(C) the current official agency for that 
                geographic area agrees in writing with the adjacent 
                official agency to waive the current geographic area 
                restriction at the request of the applicant for 
                service.''.
                    (B) Weighing authority.--Section 7A(i)(2) of the 
                United States Grain Standards Act (7 U.S.C. 79a(i)(2)) 
                is amended by striking ``the Secretary may'' and all 
                that follows through the end of the paragraph and 
                inserting the following: ``the Secretary shall allow a 
                designated official agency to cross boundary lines to 
                carry out weighing in another geographic area if--
                    ``(A) the current designated official agency for 
                that geographic area is unable to provide weighing 
                services in a timely manner; or
                    ``(B) the current official agency for that 
                geographic area agrees in writing with the adjacent 
                official agency to waive the current geographic area 
                restriction at the request of the applicant for 
                service.''.
            (4) Duration of designation authority.--Section 7(g)(1) of 
        the United States Grain Standards Act (7 U.S.C. 79(g)(1)) is 
        amended by striking ``triennially'' and inserting ``every 5 
        years''.
            (5) Fees.--Section 7(j) of the United States Grain 
        Standards Act (7 U.S.C. 79(j)(1)) is amended--
                    (A) by striking ``(j)(1) The Secretary'' and 
                inserting the following:
    ``(j) Fees.--
            ``(1) Inspection fees.--
                    ``(A) In general.--The Secretary'';
                    (B) in paragraph (1)--
                            (i) the second sentence, by striking ``The 
                        fees'' and inserting the following:
                    ``(B) Amount of fees.--The fees'';
                            (ii) in the third sentence, by striking 
                        ``Such fees'' and inserting the following:
                    ``(C) Use of fees.--Fees described in this 
                paragraph''; and
                            (iii) by adding at the end the following:
                    ``(D) Export tonnage fees.--For an official 
                inspection at an export facility performed by the 
                Secretary, the portion of the fees based on export 
                tonnage shall be based on the rolling 5-year average of 
                export tonnage volumes.'';
                    (C) by redesignating paragraph (4) as paragraph 
                (5);
                    (D) by inserting after paragraph (3) the following:
            ``(4) Adjustment of fees.--In order to maintain an 
        operating reserve of not less than 3 and not more than 6 
        months, the Secretary shall adjust the fees described in 
        paragraphs (1) and (2) not less frequently than annually.''; 
        and
                    (E) in paragraph (5) (as redesignated by 
                subparagraph (C)), in the first sentence, by striking 
                ``2015'' and inserting ``2020''.
    (c) Weighing Authority.--Section 7A of the United States Grain 
Standards Act (7 U.S.C. 79a) is amended--
            (1) in subsection (c)(2), in the last sentence, by striking 
        ``subsection (g) of section 7'' and inserting ``subsections (e) 
        and (g) of section 7''; and
            (2) in subsection (l)--
                    (A) by striking ``(l)(1) The Secretary'' and 
                inserting the following:
    ``(l) Fees.--
            ``(1) Weighing fees.--
                    ``(A) In general.--The Secretary'';
                    (B) in paragraph (1)--
                            (i) the second sentence, by striking ``The 
                        fees'' and inserting the following:
                    ``(B) Amount of fees.--The fees'';
                            (ii) in the third sentence, by striking 
                        ``Such fees'' and inserting the following:
                    ``(C) Use of fees.--Fees described in this 
                paragraph''; and
                            (iii) by adding at the end the following:
                    ``(D) Export tonnage fees.--For an official 
                weighing at an export facility performed by the 
                Secretary, the portion of the fees based on export 
                tonnage shall be based on the rolling 5-year average of 
                export tonnage volumes.'';
                    (C) by redesignating paragraph (3) as paragraph 
                (4);
                    (D) by inserting after paragraph (2) the following:
            ``(3) Adjustment of fees.--In order to maintain an 
        operating reserve of not less than 3 and not more than 6 
        months, the Secretary shall adjust the fees described in 
        paragraphs (1) and (2) not less frequently than annually.''; 
        and
                    (E) in paragraph (4) (as redesignated by 
                subparagraph (C)), in the first sentence, by striking 
                ``2015'' and inserting ``2020''.
    (d) Limitation and Administrative and Supervisory Costs.--Section 
7D of the United States Grain Standards Act (7 U.S.C. 79d) is amended 
by striking ``2015'' and inserting ``2020''.
    (e) Issuance of Authorization.--Section 8(b) of the United States 
Grain Standards Act (7 U.S.C. 84(b)) is amended by striking 
``triennially'' and inserting ``every 5 years''.
    (f) Appropriations.--Section 19 of the United States Grain 
Standards Act (7 U.S.C. 87h) is amended by striking ``2015'' and 
inserting ``2020''.
    (g) Advisory Committee.--Section 21(e) of the United States Grain 
Standards Act (7 U.S.C. 87j(e)) is amended by striking ``2015'' and 
inserting ``2020''.

SEC. 302. REPORT ON DISRUPTION IN FEDERAL INSPECTION OF GRAIN EXPORTS.

    Not later than 180 days after the date of enactment of this Act, 
the Secretary of Agriculture shall submit 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 that describes--
            (1) the specific factors that led to disruption in Federal 
        inspection of grain exports at the Port of Vancouver in the 
        summer of 2014;
            (2) any factors that contributed to the disruption referred 
        to in paragraph (1) that were unique to the Port of Vancouver, 
        including a description of the port facility, security needs 
        and available resources for that purpose, and any other 
        significant factors as determined by the Secretary; and
            (3) any changes in policy that the Secretary has 
        implemented to ensure that a similar disruption in Federal 
        inspection of grain exports at the Port of Vancouver or any 
        other location does not occur in the future.

SEC. 303. REPORT ON POLICY BARRIERS TO GRAIN PRODUCERS.

    Not later than 180 days after the date of enactment of this Act, 
the Secretary of Agriculture, in consultation with the United States 
Trade Representative, shall submit to the Committee on Agriculture, 
Nutrition, and Forestry of the Senate and the Committee on Agriculture 
of the House of Representatives a report that describes--
            (1) the policy barriers to United States grain producers in 
        countries the grain of which receives official grading in the 
        United States but which do not offer official grading for 
        United States grain or provide only the lowest designation for 
        United States grain, including an analysis of possible 
        inconsistencies with trade obligations; and
            (2) any actions the Executive Branch is taking to remedy 
        the policy barriers so as to put United States grain producers 
        on equal footing with grain producers in countries imposing the 
        barriers.

            Attest:

                                                             Secretary.
114th CONGRESS

  1st Session

                               H.R. 2051

_______________________________________________________________________

                               AMENDMENT
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