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: 

1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

2 (a) SHORT TITLE.—This Act may be cited as the ‘‘Ag3 riculture Reauthorizations Act of 2015’’. 

4 (b) TABLE OF CONTENTS.—The table of contents for 

5 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. 
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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. 

1 TITLE I—MANDATORY PRICE 

2 REPORTING 

3 SEC. 101. EXTENSION OF LIVESTOCK MANDATORY REPORT4 ING. 

5 (a) EXTENSION OF AUTHORITY.—Section 260 of the 

6 Agricultural Marketing Act of 1946 (7 U.S.C. 1636i) is 

7 amended by striking ‘‘September 30, 2015’’ and inserting 

8 ‘‘September 30, 2020’’. 

9 (b) CONFORMING AMENDMENT.—Section 942 of the 

10 Livestock Mandatory Reporting Act of 1999 (7 U.S.C. 1635 

11 note; Public Law 106–78) is amended by striking ‘‘Sep12 tember 30, 2015’’ and inserting ‘‘September 30, 2020’’. 

13 SEC. 102. SWINE REPORTING. 

14 (a) DEFINITIONS.—Section 231 of the Agricultural 

15 Marketing Act of 1946 (7 U.S.C. 1635i) is amended— 

16 (1) by redesignating paragraphs (9) through (22) 

17 as paragraphs (10) through (23), respectively; 

18 (2) by inserting after paragraph (8) the fol19 lowing: 
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1 ‘‘(9) NEGOTIATED FORMULA PURCHASE.—The 

2 term ‘negotiated formula purchase’ means a swine or 

3 pork market formula purchase under which— 

4 ‘‘(A) the formula is determined by negotia5 tion on a lot-by-lot basis; and 

6 ‘‘(B) the swine are scheduled for delivery to 

7 the packer not later than 14 days after the date 

8 on which the formula is negotiated and swine 

9 are committed to the packer.’’; 

10 (3) in paragraph (12)(A) (as so redesignated), 

11 by inserting ‘‘negotiated formula purchase,’’ after 

12 ‘‘pork market formula purchase,’’; and 

13 (4) in paragraph (23) (as so redesignated)— 

14 (A) in subparagraph (C), by striking ‘‘and’’ 

15 at the end; 

16 (B) by redesignating subparagraph (D) as 

17 subparagraph (E); and 

18 (C) by inserting after subparagraph (C) the 

19 following: 

20 ‘‘(D) a negotiated formula purchase; and’’. 

21 (b) DAILY REPORTING.—Section 232(c) of the Agricul22 tural Marketing Act of 1946 (7 U.S.C. 1635j(c)) is amend23 ed— 

24 (1) in paragraph (1)(D), by striking clause (ii) 

25 and inserting the following: 
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1 ‘‘(ii) PRICE DISTRIBUTIONS.—The in2 formation published by the Secretary under 

3 clause (i) shall include— 

4 ‘‘(I) a distribution of net prices in 

5 the range between and including the 

6 lowest net price and the highest net 

7 price reported; 

8 ‘‘(II) a delineation of the number 

9 of barrows and gilts at each reported 

10 price level or, at the option of the Sec11 retary, the number of barrows and gilts 

12 within each of a series of reasonable 

13 price bands within the range of prices; 

14 and 

15 ‘‘(III) the total number and 

16 weighted average price of barrows and 

17 gilts purchased through negotiated pur18 chases and negotiated formula pur19 chases.’’; and 

20 (2) in paragraph (3), by adding at the end the 

21 following: 

22 ‘‘(C) LATE IN THE DAY REPORT INFORMA23 TION.—The Secretary shall include in the morn24 ing report and the afternoon report for the fol25 lowing day any information required to be re-
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1 ported under subparagraph (A) that is obtained 

2 after the time of the reporting day specified in 

3 that subparagraph.’’. 

4 SEC. 103. LAMB REPORTING. 

5 Not later than 180 days after the date of enactment 

6 of this Act, the Secretary of Agriculture shall revise section 

7 59.300 of title 7, Code of Federal Regulations, so that— 

8 (1) the definition of the term ‘‘importer’’— 

9 (A) includes only those importers that im10 ported an average of 1,000 metric tons of lamb 

11 meat products per year during the immediately 

12 preceding 4 calendar years; and 

13 (B) may include any person that does not 

14 meet the requirement referred to in subpara15 graph (A), if the Secretary determines that the 

16 person should be considered an importer based 

17 on their volume of lamb imports; and 

18 (2) the definition of the term ‘‘packer’’— 

19 (A) applies to any entity with 50 percent or 

20 more ownership in a facility; 

21 (B) includes a federally inspected lamb 

22 processing plant which slaughtered or processed 

23 the equivalent of an average of 35,000 head of 

24 lambs per year during the immediately pre25 ceding 5 calendar years; and 
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1 (C) may include any other lamb processing 

2 plant that does not meet the requirement referred 

3 to in subparagraph (B), if the Secretary deter4 mines that the processing plant should be consid5 ered a packer after considering the capacity of 

6 the processing plant. 

7 SEC. 104. STUDY ON LIVESTOCK MANDATORY REPORTING. 

8 (a) STUDY REQUIRED.— 

9 (1) IN GENERAL.—The Secretary of Agriculture, 

10 acting through the Agricultural Marketing Service in 

11 conjunction with the Office of the Chief Economist 

12 and in consultation with cattle, swine, and lamb pro13 ducers, packers, and other market participants, shall 

14 conduct a study on the program of information re15 garding the marketing of cattle, swine, lambs, and 

16 products of such livestock under subtitle B of the Ag17 ricultural Marketing Act of 1946 (7 U.S.C. 1635 et 

18 seq.). 

19 (2) REQUIREMENTS.—The study shall— 

20 (A) analyze current marketing practices in 

21 the cattle, swine, and lamb markets; 

22 (B) identify legislative or regulatory rec23 ommendations made by cattle, swine, and lamb 

24 producers, packers, and other market partici-
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1 pants to ensure that information provided under 

2 the program— 

3 (i) can be readily understood by pro4 ducers, packers, and other market partici5 pants; 

6 (ii) reflects current marketing prac7 tices; and 

8 (iii) is relevant and useful to pro9 ducers, packers, and other market partici10 pants; 

11 (C) analyze the price and supply informa12 tion reporting services of the Department of Ag13 riculture related to cattle, swine, and lamb; and 

14 (D) address any other issues that the Sec15 retary considers appropriate. 

16 (b) REPORT.—Not later than March 1, 2018, the Sec17 retary of Agriculture shall submit to the Committee on Ag18 riculture of the House of Representatives and the Committee 

19 on Agriculture, Nutrition, and Forestry of the Senate a re20 port containing the findings of the study conducted under 

21 subsection (a). 
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1 TITLE II—NATIONAL FOREST 

2 FOUNDATION ACT REAU3 THORIZATION 

4 SEC. 201. NATIONAL FOREST FOUNDATION ACT REAUTHOR5 IZATION. 

6 (a) EXTENSION OF AUTHORITY TO PROVIDE MATCH7 ING FUNDS FOR ADMINISTRATIVE AND PROJECT EX8 PENSES.—Section 405(b) of the National Forest Founda9 tion Act (16 U.S.C. 583j–3(b)) is amended by striking ‘‘for 

10 a period of five years beginning October 1, 1992’’ and in11 serting ‘‘during fiscal years 2016 through 2018’’. 

12 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

13 410(b) of the National Forest Foundation Act (16 U.S.C. 

14 583j–8(b)) is amended by striking ‘‘during the five-year pe15 riod’’ and all that follows through ‘‘$1,000,000 annually’’ 

16 and inserting ‘‘there are authorized to be appropriated 

17 $3,000,000 for each of fiscal years 2016 through 2018’’. 

18 (c) TECHNICAL CORRECTIONS.— 

19 (1) AGENT.—Section 404 of the National Forest 

20 Foundation Act (16 U.S.C. 583j–2) is amended— 

21 (A) in subsection (a)(4), by inserting ‘‘no22 tice or’’ after ‘‘authorized to accept’’; and 

23 (B) in subsection (b), by striking ‘‘under 

24 this paragraph’’ and inserting ‘‘by subsection 

25 (a)(4)’’. 
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1 (2) ANNUAL REPORT.—Section 407(b) of the Na2 tional Forest Foundation Act (16 U.S.C. 583j–5(b)) is 

3 amended by striking the comma after ‘‘The Founda4 tion shall’’. 

5 TITLE III—UNITED STATES 

6 GRAIN STANDARDS ACT RE7 AUTHORIZATION 

8 SEC. 301. REAUTHORIZATION OF UNITED STATES GRAIN 

9 STANDARDS ACT. 

10 (a) OFFICIAL INSPECTION AND WEIGHING REQUIRE11 MENTS.— 

12 (1) DISCRETIONARY WAIVER AUTHORITY.—Sec13 tion 5(a)(1) of the United States Grain Standards 

14 Act (7 U.S.C. 77(a)(1)) is amended in the first pro15 viso by striking ‘‘may waive the foregoing require16 ment in emergency or other circumstances which 

17 would not impair the objectives of this Act’’ and in18 serting ‘‘shall waive the foregoing requirement in 

19 emergency or other circumstances that would not im20 pair the objectives of this Act whenever the parties to 

21 a contract for such shipment mutually agree to the 

22 waiver and documentation of such agreement is pro23 vided to the Secretary prior to shipment’’. 

24 (2) WEIGHING REQUIREMENTS AT EXPORT ELE25 VATORS.—Section 5(a)(2) of the United States Grain 
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1 Standards Act (7 U.S.C. 77(a)(2)) is amended in the 

2 proviso by striking ‘‘intracompany shipments of 

3 grain into an export elevator by any mode of trans4 portation, grain transferred into an export elevator 

5 by transportation modes other than barge,’’ and in6 serting ‘‘shipments of grain into an export elevator by 

7 any mode of transportation’’. 

8 (3) DISRUPTION IN GRAIN INSPECTION OR

9 WEIGHING.—Section 5 of the United States Grain 

10 Standards Act (7 U.S.C. 77) is amended by adding 

11 at the end the following: 

12 ‘‘(d) DISRUPTION IN GRAIN INSPECTION OR WEIGH13 ING.—In the case of a disruption in official grain inspec14 tions or weighings, including if the Secretary waives the 

15 requirement for official inspection due to an emergency 

16 under subsection (a)(1), the Secretary shall— 

17 ‘‘(1) immediately take such actions as are nec18 essary to address the disruption and resume inspec19 tions or weighings; 

20 ‘‘(2) not later than 24 hours after the start of the 

21 disruption in inspection or weighing, submit to the 

22 Committee on Agriculture of the House of Representa23 tives and the Committee on Agriculture, Nutrition, 

24 and Forestry of the Senate a report that describes— 

25 ‘‘(A) the disruption; and 
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1 ‘‘(B) any actions necessary to address the 

2 concerns of the Secretary relating to the disrup3 tion so that inspections or weighings may re4 sume; and 

5 ‘‘(3) once the initial report in paragraph (2) has 

6 been made, provide daily updates until official in7 spection or weighing services at the site of disruption 

8 have resumed.’’. 

9 (b) OFFICIAL INSPECTION AUTHORITY AND FUND10 ING.— 

11 (1) DELEGATION OF OFFICIAL INSPECTION AU12 THORITY.—Section 7(e)(2) of the United States Grain 

13 Standards Act (7 U.S.C. 79(e)(2)) is amended— 

14 (A) by striking ‘‘(2) If the Secretary’’ and 

15 inserting the following: 

16 ‘‘(2) DELEGATION OF AUTHORITY TO STATE

17 AGENCIES.— 

18 ‘‘(A) IN GENERAL.—If the Secretary’’; 

19 (B) in the first sentence— 

20 (i) by striking ‘‘and (A)’’ and insert21 ing ‘‘and (i)’’; 

22 (ii) by striking ‘‘or (B)(i)’’ and insert23 ing ‘‘or (ii)(I)’’; 

24 (iii) by striking ‘‘(ii)’’ and inserting 

25 ‘‘(II)’’; and 
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1 (iv) by striking ‘‘(iii)’’ and inserting 

2 ‘‘(III)’’; and 

3 (C) by adding at the end the following: 

4 ‘‘(B) CERTIFICATION.— 

5 ‘‘(i) IN GENERAL.—Every 5 years, the 

6 Secretary shall certify that each State agen7 cy with a delegation of authority is meeting 

8 the criteria described in subsection 

9 (f)(1)(A). 

10 ‘‘(ii) PROCESS.—Not later than 1 year 

11 after the date of enactment of the Agri12 culture Reauthorizations Act of 2015, the 

13 Secretary shall establish a process for cer14 tification under which the Secretary shall— 

15 ‘‘(I) publish in the Federal Reg16 ister notice of intent to certify a State 

17 agency and provide a 30-day period 

18 for public comment; 

19 ‘‘(II) evaluate the public com20 ments received and, in accordance with 

21 paragraph (3), conduct an investiga22 tion to determine whether the State 

23 agency is qualified; 
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1 ‘‘(III) make findings based on the 

2 public comments received and inves3 tigation conducted; and 

4 ‘‘(IV) publish in the Federal Reg5 ister a notice announcing whether the 

6 certification has been granted and de7 scribing the basis on which the Sec8 retary made the decision. 

9 ‘‘(C) STATE AGENCY REQUIREMENTS.— 

10 ‘‘(i) IN GENERAL.—If a State agency 

11 that has been delegated authority under this 

12 paragraph intends to temporarily dis13 continue official inspection or weighing 

14 services for any reason, except in the case of 

15 a major disaster, the State agency shall no16 tify the Secretary in writing of the inten17 tion of the State agency to do so at least 72 

18 hours in advance of the discontinuation 

19 date. 

20 ‘‘(ii) SECRETARIAL CONSIDERATION.— 

21 The Secretary shall consider receipt of a no22 tice described in clause (i) as a factor in 

23 administering the delegation of authority 

24 under this paragraph.’’. 
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1 (2) CONSULTATION.—Section 7(f)(1) of the 

2 United States Grain Standards Act (7 U.S.C. 

3 79(f)(1)) is amended— 

4 (A) in subparagraph (A)(xi), by striking 

5 ‘‘and’’ at the end; 

6 (B) in subparagraph (B), by striking the 

7 period at the end and inserting ‘‘; and’’; and 

8 (C) by adding at the end the following: 

9 ‘‘(C) the Secretary— 

10 ‘‘(i) periodically conducts a consulta11 tion with the customers of the applicant, in 

12 a manner that provides opportunity for 

13 protection of the identity of the customer if 

14 desired by the customer, to review the per15 formance of the applicant with regard to the 

16 provision of official inspection services and 

17 other requirements of this Act; and 

18 ‘‘(ii) works with the applicant to ad19 dress any concerns identified during the 

20 consultation process.’’. 

21 (3) GEOGRAPHIC BOUNDARIES FOR OFFICIAL

22 AGENCIES.— 

23 (A) OFFICIAL INSPECTION AUTHORITY.— 

24 Section 7(f)(2) of the United States Grain 

25 Standards Act (7 U.S.C. 79(f)(2)) is amended by 
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1 striking ‘‘the Secretary may’’ and all that fol2 lows through the end of the paragraph and in3 serting the following: ‘‘the Secretary shall allow 

4 a designated official agency to cross boundary 

5 lines to carry out inspections in another geo6 graphic area if— 

7 ‘‘(A) the current designated official agency 

8 for that geographic area is unable to provide in9 spection services in a timely manner; 

10 ‘‘(B) a person requesting inspection services 

11 in that geographic area requests a probe inspec12 tion on a barge-lot basis; or 

13 ‘‘(C) the current official agency for that geo14 graphic area agrees in writing with the adjacent 

15 official agency to waive the current geographic 

16 area restriction at the request of the applicant 

17 for service.’’. 

18 (B) WEIGHING AUTHORITY.—Section 

19 7A(i)(2) of the United States Grain Standards 

20 Act (7 U.S.C. 79a(i)(2)) is amended by striking 

21 ‘‘the Secretary may’’ and all that follows through 

22 the end of the paragraph and inserting the fol23 lowing: ‘‘the Secretary shall allow a designated 

24 official agency to cross boundary lines to carry 

25 out weighing in another geographic area if— 
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1 ‘‘(A) the current designated official agency 

2 for that geographic area is unable to provide 

3 weighing services in a timely manner; or 

4 ‘‘(B) the current official agency for that geo5 graphic area agrees in writing with the adjacent 

6 official agency to waive the current geographic 

7 area restriction at the request of the applicant 

8 for service.’’. 

9 (4) DURATION OF DESIGNATION AUTHORITY.— 

10 Section 7(g)(1) of the United States Grain Standards 

11 Act (7 U.S.C. 79(g)(1)) is amended by striking ‘‘tri12 ennially’’ and inserting ‘‘every 5 years’’. 

13 (5) FEES.—Section 7(j) of the United States 

14 Grain Standards Act (7 U.S.C. 79(j)(1)) is amend15 ed— 

16 (A) by striking ‘‘(j)(1) The Secretary’’ and 

17 inserting the following: 

18 ‘‘(j) FEES.— 

19 ‘‘(1) INSPECTION FEES.— 

20 ‘‘(A) IN GENERAL.—The Secretary’’; 

21 (B) in paragraph (1)— 

22 (i) the second sentence, by striking 

23 ‘‘The fees’’ and inserting the following: 

24 ‘‘(B) AMOUNT OF FEES.—The fees’’; 
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1 (ii) in the third sentence, by striking 

2 ‘‘Such fees’’ and inserting the following: 

3 ‘‘(C) USE OF FEES.—Fees described in this 

4 paragraph’’; and 

5 (iii) by adding at the end the fol6 lowing: 

7 ‘‘(D) EXPORT TONNAGE FEES.—For an offi8 cial inspection at an export facility performed 

9 by the Secretary, the portion of the fees based on 

10 export tonnage shall be based on the rolling 5- 

11 year average of export tonnage volumes.’’; 

12 (C) by redesignating paragraph (4) as 

13 paragraph (5); 

14 (D) by inserting after paragraph (3) the fol15 lowing: 

16 ‘‘(4) ADJUSTMENT OF FEES.—In order to main17 tain an operating reserve of not less than 3 and not 

18 more than 6 months, the Secretary shall adjust the 

19 fees described in paragraphs (1) and (2) not less fre20 quently than annually.’’; and 

21 (E) in paragraph (5) (as redesignated by 

22 subparagraph (C)), in the first sentence, by 

23 striking ‘‘2015’’ and inserting ‘‘2020’’. 

24 (c) WEIGHING AUTHORITY.—Section 7A of the United 

25 States Grain Standards Act (7 U.S.C. 79a) is amended— 
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1 (1) in subsection (c)(2), in the last sentence, by 

2 striking ‘‘subsection (g) of section 7’’ and inserting 

3 ‘‘subsections (e) and (g) of section 7’’; and 

4 (2) in subsection (l)— 

5 (A) by striking ‘‘(l)(1) The Secretary’’ and 

6 inserting the following: 

7 ‘‘(l) FEES.— 

8 ‘‘(1) WEIGHING FEES.— 

9 ‘‘(A) IN GENERAL.—The Secretary’’; 

10 (B) in paragraph (1)— 

11 (i) the second sentence, by striking 

12 ‘‘The fees’’ and inserting the following: 

13 ‘‘(B) AMOUNT OF FEES.—The fees’’; 

14 (ii) in the third sentence, by striking 

15 ‘‘Such fees’’ and inserting the following: 

16 ‘‘(C) USE OF FEES.—Fees described in this 

17 paragraph’’; and 

18 (iii) by adding at the end the fol19 lowing: 

20 ‘‘(D) EXPORT TONNAGE FEES.—For an offi21 cial weighing at an export facility performed by 

22 the Secretary, the portion of the fees based on ex23 port tonnage shall be based on the rolling 5-year 

24 average of export tonnage volumes.’’; 
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1 (C) by redesignating paragraph (3) as 

2 paragraph (4); 

3 (D) by inserting after paragraph (2) the fol4 lowing: 

5 ‘‘(3) ADJUSTMENT OF FEES.—In order to main6 tain an operating reserve of not less than 3 and not 

7 more than 6 months, the Secretary shall adjust the 

8 fees described in paragraphs (1) and (2) not less fre9 quently than annually.’’; and 

10 (E) in paragraph (4) (as redesignated by 

11 subparagraph (C)), in the first sentence, by 

12 striking ‘‘2015’’ and inserting ‘‘2020’’. 

13 (d) LIMITATION AND ADMINISTRATIVE AND SUPER14 VISORY COSTS.—Section 7D of the United States Grain 

15 Standards Act (7 U.S.C. 79d) is amended by striking 

16 ‘‘2015’’ and inserting ‘‘2020’’. 

17 (e) ISSUANCE OF AUTHORIZATION.—Section 8(b) of 

18 the United States Grain Standards Act (7 U.S.C. 84(b)) 

19 is amended by striking ‘‘triennially’’ and inserting ‘‘every 

20 5 years’’. 

21 (f) APPROPRIATIONS.—Section 19 of the United States 

22 Grain Standards Act (7 U.S.C. 87h) is amended by striking 

23 ‘‘2015’’ and inserting ‘‘2020’’. 
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1 (g) ADVISORY COMMITTEE.—Section 21(e) of the 

2 United States Grain Standards Act (7 U.S.C. 87j(e)) is 

3 amended by striking ‘‘2015’’ and inserting ‘‘2020’’. 

4 SEC. 302. REPORT ON DISRUPTION IN FEDERAL INSPEC5 TION OF GRAIN EXPORTS. 

6 Not later than 180 days after the date of enactment 

7 of this Act, the Secretary of Agriculture shall submit to the 

8 Committee on Agriculture, Nutrition, and Forestry of the 

9 Senate, the Committee on Agriculture of the House of Rep10 resentatives, the Subcommittee on Agriculture, Rural Devel11 opment, Food and Drug Administration, and Related Agen12 cies of the Committee on Appropriations of the Senate, and 

13 the Subcommittee on Agriculture, Rural Development, Food 

14 and Drug Administration, and Related Agencies of the 

15 Committee on Appropriations of the House of Representa16 tives a report that describes— 

17 (1) the specific factors that led to disruption in 

18 Federal inspection of grain exports at the Port of 

19 Vancouver in the summer of 2014; 

20 (2) any factors that contributed to the disruption 

21 referred to in paragraph (1) that were unique to the 

22 Port of Vancouver, including a description of the port 

23 facility, security needs and available resources for 

24 that purpose, and any other significant factors as de25 termined by the Secretary; and 
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1 (3) any changes in policy that the Secretary has 

2 implemented to ensure that a similar disruption in 

3 Federal inspection of grain exports at the Port of 

4 Vancouver or any other location does not occur in the 

5 future. 

6 SEC. 303. REPORT ON POLICY BARRIERS TO GRAIN PRO7 DUCERS. 

8 Not later than 180 days after the date of enactment 

9 of this Act, the Secretary of Agriculture, in consultation 

10 with the United States Trade Representative, shall submit 

11 to the Committee on Agriculture, Nutrition, and Forestry 

12 of the Senate and the Committee on Agriculture of the 

13 House of Representatives a report that describes— 

14 (1) the policy barriers to United States grain 

15 producers in countries the grain of which receives offi16 cial grading in the United States but which do not 

17 offer official grading for United States grain or pro18 vide only the lowest designation for United States 

19 grain, including an analysis of possible inconsist20 encies with trade obligations; and 

21 (2) any actions the Executive Branch is taking 

22 to remedy the policy barriers so as to put United 
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1 States grain producers on equal footing with grain 

2 producers in countries imposing the barriers. 

Attest: 

Secretary. 

114TH CONGRESS 

1ST SESSION H.R. 2051 

AMENDMENT