II 

Calendar No. 437 

117TH CONGRESS 

2D SESSION S. 4030 

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

contract library, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

APRIL 7, 2022 

Mrs. FISCHER (for herself, Mr. GRASSLEY, Mr. TESTER, Mr. WYDEN, Ms. 

ERNST, Mr. BRAUN, Ms. SMITH, Mrs. HYDE-SMITH, Mr. DAINES, Mr. 

CASSIDY, Mr. LUJA ́N, Mr. DURBIN, Mr. HEINRICH, Mr. WARNOCK, Mr. 

BLUMENTHAL, Mrs. GILLIBRAND, Ms. LUMMIS, Mr. HAWLEY, Mr. 

BROWN, and Mr. ROUNDS) introduced the following bill; which was read 

twice and referred to the Committee on Agriculture, Nutrition, and Forestry 

JULY 11, 2022 

Reported by Ms. STABENOW, with an amendment 

[Insert the part printed in italic] 

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, 


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1 SECTION 1. SHORT TITLE. 

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

3 and Transparency Act of 2022’’. 

4 SEC. 2. DEFINITIONS. 

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

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

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

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

9 (2) by redesignating paragraphs (1) through 

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

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

12 (3) by inserting before paragraph (2) (as so re13 designated) the following: 

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

15 term ‘approved pricing mechanism’ means a pur16 chase of fed cattle made— 

17 ‘‘(A) through a negotiated purchase; 

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

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

20 302 of the Packers and Stockyards Act, 1921 

21 (7 U.S.C. 202)); or 

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

23 for the purchase or sale of cattle, or for an ar24 rangement to purchase or sell cattle, through 

25 any means in which multiple buyer and seller 

26 participants have the ability to, and regularly 


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1 and consistently, make and accept bids and of2 fers on or at the trading system or platform.’’; 

3 (4) by inserting after paragraph (4) (as so re4 designated) the following: 

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

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

7 ration of roughage and feed concentrates, such as 

8 grains, protein meal, grass (forage), and other nutri9 ent-rich feeds, prior to slaughter.’’; 

10 (5) by inserting after paragraph (8) (as so re11 designated) the following: 

12 ‘‘(9) MANDATORY MINIMUM.—The term ‘man13 datory minimum’ means, of the quantity of fed cat14 tle purchased for slaughter by a covered packer (as 

15 defined in section 221) for each processing plant, 

16 the minimum percentage of such cattle that are re17 quired to be purchased through approved pricing 

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

19 and 

20 (6) by inserting after paragraph (10) (as so re21 designated) the following: 

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

23 term ‘negotiated grid purchase’, with respect to cat24 tle, means a purchase— 


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

2 price from which premiums are added and dis3 counts are subtracted, determined by seller4 buyer interaction and agreement on a delivery 

5 day; and 

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

7 for delivery to the packer not later than 14 

8 days after the date on which the cattle are com9 mitted to the packer.’’. 

10 (b) CATTLE REPORTING DEFINITIONS.—Section 221 

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

12 1635d) is amended— 

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

14 inserting ‘‘14-day’’; 

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

16 and inserting ‘‘marketing’’; 

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

18 (6), (7), and (8) as paragraphs (5), (6), (8), (9), 

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

20 (4) by inserting after paragraph (2) the fol21 lowing: 

22 ‘‘(3) COVERED CONTRACT.— 

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

24 contract’ means any agreement, written or oral, 


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1 between a packer and a producer for the pur2 chase of fed cattle for slaughter. 

3 ‘‘(B) EXCLUSION.—The term ‘covered con4 tract’ does not include a contract for a nego5 tiated purchase. 

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

7 packer’ means a packer that has slaughtered during 

8 the immediately preceding 5 calendar years an aver9 age of not less than 5 percent of the number of fed 

10 cattle slaughtered nationally during the immediately 

11 preceding 5 calendar years.’’; 

12 (5) by inserting after paragraph (6) (as so re13 designated) the following: 

14 ‘‘(7) HEIFER.—The term ‘heifer’ means a bo15 vine female that has not given birth to a calf.’’; and 

16 (6) by inserting after paragraph (9) (as so re17 designated) the following: 

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

19 male castrated before reaching sexual maturity.’’. 

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

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

22 1946 (7 U.S.C. 1635e(c)) is amended— 

23 (1) in paragraph (1)— 

24 (A) by striking subparagraphs (B) and 

25 (C); and 


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1 (B) by redesignating subparagraph (D) as 

2 subparagraph (B); 

3 (2) in paragraph (2), by striking ‘‘the informa4 tion’’ and inserting ‘‘information reported under this 

5 subsection’’; 

6 (3) by redesignating paragraph (2) as para7 graph (3); and 

8 (4) by inserting after paragraph (1) the fol9 lowing: 

10 ‘‘(2) PRIOR DAY REPORTING.— 

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

12 or officially designated representatives of each 

13 packer processing plant shall report to the Sec14 retary, for each business day of the packer 

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

16 Central Time on each reporting day, the infor17 mation from the prior business day described in 

18 subparagraph (B). 

19 ‘‘(B) INFORMATION REQUIRED.—The in20 formation required under subparagraph (A) 

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

22 the number of cattle scheduled for delivery to a 

23 packer processing plant for slaughter for each 

24 of the next 14 calendar days.’’. 


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1 SEC. 4. EXPEDITED CARCASS WEIGHTS REPORTING. 

2 Section 222 of the Agricultural Marketing Act of 

3 1946 (7 U.S.C. 1635e) is amended by adding at the end 

4 the following: 

5 ‘‘(f) EXPEDITED CARCASS WEIGHTS.— 

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

7 days after the date of enactment of the Cattle Price 

8 Discovery and Transparency Act of 2022, the Sec9 retary shall determine the minimum amount of time 

10 needed by the Secretary to publicly report the daily 

11 average carcass weight of cattle slaughtered by pack12 er processing plants. 

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

14 after the Secretary has made a determination under 

15 paragraph (1), the Secretary shall begin publicly re16 porting the information described in that paragraph 

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

18 SEC. 5. MANDATORY REPORTING OF CUTOUT YIELD. 

19 Section 223 of the Agricultural Marketing Act of 

20 1946 (7 U.S.C. 1635f) is amended— 

21 (1) in subsection (a)— 

22 (A) in the subsection heading, by striking 

23 ‘‘DAILY REPORTING’’ and inserting ‘‘IN GEN24 ERAL’’; 

25 (B) in paragraph (3)— 


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

2 the period at the end and inserting ‘‘; 

3 and’’; and 

4 (ii) by redesignating subparagraphs 

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

6 (iii), respectively, and indenting appro7 priately; 

8 (C) by redesignating paragraphs (1) 

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

10 respectively, and indenting appropriately; 

11 (D) in the matter preceding subparagraph 

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

13 at least’’ and inserting the following: ‘‘Sec14 retary— 

15 ‘‘(1) at least’’; and 

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

17 ‘‘(2) at least once each year, at a time deter18 mined by the Secretary, cutout yield data.’’; and 

19 (2) in subsection (b)— 

20 (A) by striking ‘‘the information required 

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

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

23 following: ‘‘day— 

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

25 under subsection (a)(1); and 


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1 ‘‘(2) a composite price using the information re2 quired to be reported under paragraphs (1) and (2) 

3 of subsection (a).’’. 

4 SEC. 6. CATTLE CONTRACT LIBRARY. 

5 The Agricultural Marketing Act of 1946 is amend6 ed— 

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

8 1635f) as section 224; and 

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

10 1635e) the following: 

11 ‘‘SEC. 223. CATTLE CONTRACT LIBRARY. 

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

13 the date of enactment of the Cattle Price Discovery and 

14 Transparency Act of 2022, the Secretary shall establish 

15 and maintain, through the Livestock Mandatory Price Re16 porting program, a library or catalog (referred to in this 

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

18 entered into between packers and producers for the pur19 chase of fed cattle (including cattle that are purchased or 

20 committed for delivery), including any schedules of pre21 miums or discounts associated with the covered contract. 

22 ‘‘(b) INFORMATION COLLECTION.— 

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

24 the Secretary shall obtain information from each 

25 packer on each type of existing covered contract of 


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1 the packer by requiring a filing or other form of in2 formation submission from each packer. 

3 ‘‘(2) CONTRACT INFORMATION.—Information 

4 submitted to the Secretary by a packer under para5 graph (1) shall include, with respect to each existing 

6 covered contract of a packer— 

7 ‘‘(A) the type of contract; 

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

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

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

11 affect the price of cattle covered by the con12 tract, including schedules, premiums and dis13 counts, financing and risk-sharing arrange14 ments, and transportation arrangements; 

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

16 the contract solely committed to the packer 

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

18 periods following the date of the contract and 

19 the percentage of cattle each week that may 

20 vary for delivery or nondelivery at the discretion 

21 of the packer, organized by reporting region or 

22 in such other manner as the Secretary may de23 termine; 


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

2 specific number of cattle are not solely com3 mitted to the packer— 

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

5 an open commitment; and 

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

7 other limitations or requirements on the 

8 number of cattle that may be delivered to 

9 the packer under the contract, including 

10 the percentage of cattle that may vary for 

11 delivery or nondelivery in a given time pe12 riod at the discretion of the packer; and 

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

14 contract that provide for expansion in the num15 bers of fed cattle to be delivered under the con16 tract for the 6-month and 12-month periods fol17 lowing the date of the contract. 

18 ‘‘(c) AVAILABILITY OF INFORMATION.— 

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

20 publicly available to producers and other interested 

21 persons information (including the information de22 scribed in subsection (b)(2)), in a user-friendly for23 mat, on the types of covered contracts in the library, 

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

25 of the types of covered contracts that are entered 


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1 into between packers and producers for the purchase 

2 of fed cattle. 

3 ‘‘(2) MONTHLY REPORT.— 

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

5 after the library is established, the Secretary 

6 shall make the information obtained each 

7 month in the library available in a monthly re8 port to producers and other interested persons. 

9 ‘‘(B) CONTENTS.—The monthly report de10 scribed in subparagraph (A) shall include— 

11 ‘‘(i) based on the information collected 

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

13 the Secretary of the total number of fed 

14 cattle committed under covered contracts 

15 for delivery to packers within the 6-month 

16 and 12-month periods following the date of 

17 the report, organized by reporting region 

18 and type of contract; 

19 ‘‘(ii) based on the information col20 lected under subsection (b)(2)(F), the 

21 number of covered contracts with an open 

22 commitment and any weekly, monthly, an23 nual, or other limitations or requirements 

24 on the number of cattle that may be deliv25 ered under such contracts, including the 


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1 percentage of cattle that may vary for de2 livery or nondelivery in a given time period 

3 at the discretion of the packer; and 

4 ‘‘(iii) based on the information col5 lected under subsection (b)(2)(G), an esti6 mate by the Secretary of the total max7 imum number of fed cattle that may be de8 livered within the 6-month and 12-month 

9 periods following the date of the report, or10 ganized by reporting region and type of 

11 contract. 

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

13 the library about types of contracts that are no longer of14 fered or in use shall be removed from the library. 

15 ‘‘(e) CONFIDENTIALITY.—The reporting require16 ments for packers under this section shall be subject to 

17 the confidentiality protections provided under section 251. 

18 ‘‘(f) VIOLATIONS.—It shall be unlawful and a viola19 tion of this Act for any packer to willfully fail or refuse— 

20 ‘‘(1) to provide to the Secretary accurate infor21 mation required under this section; or 

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

23 this section. 


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

2 are authorized to be appropriated to the Secretary such 

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

4 SEC. 7. MARKET ACQUISITION OF FED CATTLE. 

5 (a) SENSE OF THE SENATE.—It is the sense of the 

6 Senate that— 

7 (1) all participants in the fed cattle market 

8 have a responsibility to contribute to sufficient levels 

9 of negotiated trade of fed cattle in all cattle feeding 

10 regions in order to achieve competitive bidding and 

11 maximum transparency in all relevant markets and 

12 robust price discovery for the benefit of all market 

13 participants; 

14 (2) covered packers that use negotiated market 

15 prices or internal formulations thereof as the basis 

16 for formula marketing arrangements may have in17 centives to not participate in price discovery in fed 

18 cattle markets, including in order to influence the 

19 price, especially if the majority of the cattle pur20 chases are under fed cattle formula marketing ar21 rangements under which it is particularly important 

22 to have minimum participation; and 

23 (3) the Department of Agriculture should exam24 ine academic literature regarding minimum levels of 

25 negotiated transactions necessary to achieve robust 


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1 price discovery, eliminate the potential for price ma2 nipulation, and enhance cattle producer leverage in 

3 the marketplace in each of the cattle marketing re4 gions. 

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

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

7 (1) in paragraph (1)— 

8 (A) by striking the paragraph designation 

9 and heading and all that follows through ‘‘Any 

10 packer’’ and inserting the following: 

11 ‘‘(1) PENALTY AMOUNT.— 

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

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

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

15 ‘‘(B) MANDATORY MINIMUM VIOLATION.— 

16 Any packer or other person that violates section 

17 259 may be assessed a civil penalty by the Sec18 retary of not more than $90,000 for each viola19 tion (as adjusted for inflation).’’; and 

20 (2) in paragraph (2)— 

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

22 the following: 

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

24 subparagraph (B), each day’’; and 

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


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1 ‘‘(B) MANDATORY MINIMUM VIOLATION.— 

2 Each week during which a violation of section 

3 259 continues shall be considered to be a sepa4 rate violation.’’. 

5 (c) MANDATORY MINIMUMS.—The Agricultural Mar6 keting Act of 1946 is amended— 

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

8 U.S.C. 1636h, 1636i) as sections 260 and 261, re9 spectively; and 

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

11 1636g) the following: 

12 ‘‘SEC. 259. MANDATORY MINIMUMS. 

13 ‘‘(a) PURPOSE.—The purpose of this section is to es14 tablish mandatory minimums— 

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

16 and cattle producer leverage for cattle market par17 ticipants; and 

18 ‘‘(2) to minimize and mitigate conflicts of inter19 est and other incentives for a covered packer to in20 fluence the base price of formula marketing arrange21 ments for the benefit of the covered packer through 

22 action or inaction in the market in which the base 

23 price is determined. 

24 ‘‘(b) ESTABLISHMENT.— 


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

2 after the date of enactment of the Cattle Price Dis3 covery and Transparency Act of 2022, the Secretary 

4 shall establish— 

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

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

7 ‘‘(i) together encompass the entire 

8 continental United States; and 

9 ‘‘(ii) to the extent practicable, reason10 ably reflect similar fed cattle purchase 

11 practices; 

12 ‘‘(B) a mandatory minimum— 

13 ‘‘(i) for each covered region estab14 lished under subparagraph (A); and 

15 ‘‘(ii) that shall be applicable with re16 spect to each processing plant of a covered 

17 packer located in that covered region; and 

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

19 packer shall be required to meet the applicable 

20 mandatory minimum, which shall be not less 

21 than 1 week but not more than 30 days. 

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

23 ‘‘(A) shall review the mandatory minimums 

24 established under paragraph (1) not later than 

25 2 years after the date of establishment and peVerDate Sep 11 2014 23:13 Jul 11, 2022 Jkt 029200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\S4030.RS S4030

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1 riodically thereafter, but not less frequently 

2 than once every 5 years; and 

3 ‘‘(B) modify any such mandatory min4 imum, as necessary, after consulting with rep5 resentatives of the United States cattle and beef 

6 industry and in accordance with paragraph (4). 

7 ‘‘(3) PUBLIC INPUT.—In carrying out this sub8 section, the Secretary shall make all proposed man9 datory minimums subject to notice and comment 

10 rulemaking and a cost-benefit analysis. 

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

12 modifying mandatory minimums under this sub13 section for any covered region, the Secretary shall 

14 consider the following factors: 

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

16 covered region. 

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

18 covered region. 

19 ‘‘(C) Pre-existing contractual arrange20 ments of packers in the covered region. 

21 ‘‘(D) The number of pricing transactions 

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

23 ‘‘(E) The proportion of fed cattle pur24 chased in the covered region through negotiated 

25 purchases or negotiated grid purchases relative 


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1 to the number of formula marketing arrange2 ments that use the negotiated prices or nego3 tiated grid prices as base prices. 

4 ‘‘(5) INITIAL MANDATORY MINIMUM REQUIRE5 MENT.—The initial mandatory minimum established 

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

7 shall be— 

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

9 of negotiated purchases and negotiated grid 

10 purchases made in that covered region between 

11 January 1, 2020, and January 1, 2022; and 

12 ‘‘(B) not more than 50 percent. 

13 ‘‘(c) PURCHASES.—A covered packer shall, with re14 spect to each processing plant of the covered packer, pur15 chase through an approved pricing mechanism not less 

16 than the percentage of fed cattle required under the man17 datory minimum established under subsection (b) for the 

18 covered region in which the processing plant is located. 

19 ‘‘(d) ENFORCEMENT.— 

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

21 minimums under subsection (b), the Secretary— 

22 ‘‘(A) shall regularly monitor compliance by 

23 covered packers with those mandatory mini24 mums; and 


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

2 covered packer in a given period, may allow the 

3 covered packer to remedy the noncompliance by 

4 purchasing the applicable shortfall in the ap5 proved pricing mechanism in 1 or more subse6 quent periods, subject to paragraph (2). 

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

8 allow a covered packer to remedy noncompliance 

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

10 pattern or practice of noncompliance, as determined 

11 by the Secretary. 

12 ‘‘(e) EFFECT ON PREMIUMS.—Nothing in this sec13 tion prohibits a formula marketing arrangement from in14 cluding a premium in addition to the base price, including 

15 a premium for meat quality, consistency, breed, produc16 tion method, branding, or any other value-added effort.’’. 

17 SEC. 8. ALTERNATIVE MARKETING ARRANGEMENTS FEASI18 BILITY REPORT. 

19 Not later than 180 days after the date of enactment 

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

21 Administrator of the Agricultural Marketing Service, shall 

22 publish a report analyzing the feasibility of alternative 

23 marketing arrangements with a base price tied to the price 

24 of boxed beef, which shall include information on— 


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1 (1) the benefits and limitations of such alter2 native marketing arrangements; 

3 (2) barriers limiting adoption of such alternative 

4 marketing arrangements; 

5 (3) potential educational needs relating to the 

6 use of such alternative marketing arrangements for 

7 industry participants; and 

8 (4) risk management needs to increase the adop9 tion and facilitate the ongoing delivery of benefits of 

10 such alternative marketing arrangements to industry 

11 participants. 

12 SEC. 9. MODIFICATIONS TO LIVESTOCK MANDATORY RE13 PORTING REGIONS. 

14 Not later than 1 year after the date of enactment of 

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

16 Administrator of the Agricultural Marketing Service, shall 

17 realign the livestock mandatory reporting regions estab18 lished pursuant to subtitle B of the Agricultural Marketing 

19 Act of 1946 (7 U.S.C. 1635 et seq.) by— 

20 (1) modifying the existing Colorado cattle report21 ing region to include the State of Wyoming; and 

22 (2) modifying the existing Iowa-Minnesota cattle 

23 reporting region to include the States of Illinois and 

24 South Dakota. 


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Calendar No. 437 

117TH CONGRESS 

2D SESSION S. 4030 

A BILL 

To amend the Agricultural Marketing Act of 1946 

other purposes. to establish a cattle contract library, and for 

JULY 11, 2022 

Reported with an amendment 


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