I 
118TH CONGRESS 
1ST SESSION H. R. 1287 
To amend the Agricultural Marketing Act of 1946 to establish a cattle 
contract library, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 1, 2023 
Mr. FEENSTRA (for himself, Mr. LEVIN, and Mrs. MILLER-MEEKS) introduced 
the following bill; which was referred to the Committee on Agriculture 
A BILL 
To amend the Agricultural Marketing Act of 1946 to 
establish a cattle contract library, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Cattle Price Discovery 
and Transparency Act of 2023’’. 
SEC. 2. DEFINITIONS. 
(a) IN GENERAL.—Section 212 of the Agricultural 
Marketing Act of 1946 (7 U.S.C. 1635a) is amended— 
(1) in paragraph (5), by striking ‘‘cattle,’’ and 
inserting ‘‘cattle (including fed cattle),’’; 
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(2) by redesignating paragraphs (1) through 
(14) as paragraphs (2), (3), (4), (6) through (8), 
(10), and (12) through (18), respectively; 
(3) by inserting before paragraph (2) (as so re-
designated) the following: 
‘‘(1) APPROVED
PRICING
MECHANISM.—The 
term ‘approved pricing mechanism’ means a pur-
chase of fed cattle made— 
‘‘(A) through a negotiated purchase; 
‘‘(B) through a negotiated grid purchase; 
‘‘(C) at a stockyard (as defined in section 
302 of the Packers and Stockyards Act, 1921 
(7 U.S.C. 202)); or 
‘‘(D) through a trading system or platform 
for the purchase or sale of cattle, or for an ar-
rangement to purchase or sell cattle, through 
any means in which multiple buyer and seller 
participants have the ability to, and regularly 
and consistently, make and accept bids and of-
fers on or at the trading system or platform.’’; 
(4) by inserting after paragraph (4) (as so re-
designated) the following: 
‘‘(5) FED
CATTLE.—The term ‘fed cattle’ 
means a steer or heifer that has been finished on a 
ration of roughage and feed concentrates, such as 
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grains, protein meal, grass (forage), and other nutri-
ent-rich feeds, prior to slaughter.’’; 
(5) by inserting after paragraph (8) (as so re-
designated) the following: 
‘‘(9) MANDATORY MINIMUM.—The term ‘man-
datory minimum’ means, of the quantity of fed cat-
tle purchased for slaughter by a covered packer (as 
defined in section 221) for each processing plant, 
the minimum percentage of such cattle that are re-
quired to be purchased through approved pricing 
mechanisms from producers that are not packers.’’; 
and 
(6) by inserting after paragraph (10) (as so re-
designated) the following: 
‘‘(11) NEGOTIATED
GRID
PURCHASE.—The 
term ‘negotiated grid purchase’, with respect to cat-
tle, means a purchase— 
‘‘(A) involving the negotiation of a base 
price from which premiums are added and dis-
counts are subtracted, determined by seller- 
buyer interaction and agreement on a delivery 
day; and 
‘‘(B) under which the cattle are scheduled 
for delivery to the packer not later than 14 
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days after the date on which the cattle are com-
mitted to the packer.’’. 
(b) CATTLE REPORTING DEFINITIONS.—Section 221 
of the Agricultural Marketing Act of 1946 (7 U.S.C. 
1635d) is amended— 
(1) in paragraph (1), by striking ‘‘7-day’’ and 
inserting ‘‘14-day’’; 
(2) in paragraph (8)(B), by striking ‘‘market’’ 
and inserting ‘‘marketing’’; 
(3) by redesignating paragraphs (3), (4), (5), 
(6), (7), and (8) as paragraphs (5), (6), (8), (9), 
(11), and (12), respectively; 
(4) by inserting after paragraph (2) the fol-
lowing: 
‘‘(3) COVERED CONTRACT.— 
‘‘(A) IN
GENERAL.—The term ‘covered 
contract’ means any agreement, written or oral, 
between a packer and a producer for the pur-
chase of fed cattle for slaughter. 
‘‘(B) EXCLUSION.—The term ‘covered con-
tract’ does not include a contract for a nego-
tiated purchase. 
‘‘(4) COVERED
PACKER.—The term ‘covered 
packer’ means a packer that has slaughtered during 
the immediately preceding 5 calendar years an aver-
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age of not less than 5 percent of the number of fed 
cattle slaughtered nationally during the immediately 
preceding 5 calendar years.’’; 
(5) by inserting after paragraph (6) (as so re-
designated) the following: 
‘‘(7) HEIFER.—The term ‘heifer’ means a bo-
vine female that has not given birth to a calf.’’; and 
(6) by inserting after paragraph (9) (as so re-
designated) the following: 
‘‘(10) STEER.—The term ‘steer’ means a bovine 
male castrated before reaching sexual maturity.’’. 
SEC. 3. 14-DAY CATTLE SLAUGHTER REPORT. 
Section 222(c) of the Agricultural Marketing Act of 
1946 (7 U.S.C. 1635e(c)) is amended— 
(1) in paragraph (1)— 
(A) by striking subparagraphs (B) and 
(C); and 
(B) by redesignating subparagraph (D) as 
subparagraph (B); 
(2) in paragraph (2), by striking ‘‘the informa-
tion’’ and inserting ‘‘information reported under this 
subsection’’; 
(3) by redesignating paragraph (2) as para-
graph (3); and 
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(4) by inserting after paragraph (1) the fol-
lowing: 
‘‘(2) PRIOR DAY REPORTING.— 
‘‘(A) IN GENERAL.—The corporate officers 
or officially designated representatives of each 
packer processing plant shall report to the Sec-
retary, for each business day of the packer 
processing plant, not later than 10:00 a.m. 
Central Time on each reporting day, the infor-
mation from the prior business day described in 
subparagraph (B). 
‘‘(B) INFORMATION
REQUIRED.—The in-
formation required under subparagraph (A) 
shall be, with respect to the prior business day, 
the number of cattle scheduled for delivery to a 
packer processing plant for slaughter for each 
of the next 14 calendar days.’’. 
SEC. 4. EXPEDITED CARCASS WEIGHTS REPORTING. 
Section 222 of the Agricultural Marketing Act of 
1946 (7 U.S.C. 1635e) is amended by adding at the end 
the following: 
‘‘(f) EXPEDITED CARCASS WEIGHTS.— 
‘‘(1) DETERMINATION.—Not later than 180 
days after the date of enactment of the Cattle Price 
Discovery and Transparency Act of 2023, the Sec-
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retary shall determine the minimum amount of time 
needed by the Secretary to publicly report the daily 
average carcass weight of cattle slaughtered by pack-
er processing plants. 
‘‘(2) REPORTING.—Not later than 180 days 
after the Secretary has made a determination under 
paragraph (1), the Secretary shall begin publicly re-
porting the information described in that paragraph 
within the time determined under that paragraph.’’. 
SEC. 5. MANDATORY REPORTING OF CUTOUT YIELD. 
Section 223 of the Agricultural Marketing Act of 
1946 (7 U.S.C. 1635f) is amended— 
(1) in subsection (a)— 
(A) in the subsection heading, by striking 
‘‘DAILY REPORTING’’ and inserting ‘‘IN GEN-
ERAL’’; 
(B) in paragraph (3)— 
(i) in subparagraph (C), by striking 
the period at the end and inserting ‘‘; 
and’’; and 
(ii) by redesignating subparagraphs 
(A) through (C) as clauses (i) through 
(iii), respectively, and indenting appro-
priately; 
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(C) 
by 
redesignating 
paragraphs 
(1) 
through (3) as subparagraphs (A) through (C), 
respectively, and indenting appropriately; 
(D) in the matter preceding subparagraph 
(A) (as so redesignated), by striking ‘‘Secretary 
at least’’ and inserting the following: ‘‘Sec-
retary— 
‘‘(1) at least’’; and 
(E) by adding at the end the following: 
‘‘(2) at least once each year, at a time deter-
mined by the Secretary, cutout yield data.’’; and 
(2) in subsection (b)— 
(A) by striking ‘‘the information required 
to be reported under subsection (a)’’; and 
(B) by striking ‘‘day.’’ and inserting the 
following: ‘‘day— 
‘‘(1) the information required to be reported 
under subsection (a)(1); and 
‘‘(2) a composite price using the information re-
quired to be reported under paragraphs (1) and (2) 
of subsection (a).’’. 
SEC. 6. CATTLE CONTRACT LIBRARY. 
The Agricultural Marketing Act of 1946 is amend-
ed— 
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(1) by redesignating section 223 (7 U.S.C. 
1635f) as section 224; and 
(2) by inserting after section 222 (7 U.S.C. 
1635e) the following: 
‘‘SEC. 223. CATTLE CONTRACT LIBRARY. 
‘‘(a) IN GENERAL.—Not later than 120 days after 
the date of enactment of the Cattle Price Discovery and 
Transparency Act of 2023, the Secretary shall establish 
and maintain, through the Livestock Mandatory Price Re-
porting program, a library or catalog (referred to in this 
section as the ‘library’), of each type of covered contract 
entered into between packers and producers for the pur-
chase of fed cattle (including cattle that are purchased or 
committed for delivery), including any schedules of pre-
miums or discounts associated with the covered contract. 
‘‘(b) INFORMATION COLLECTION.— 
‘‘(1) IN GENERAL.—To maintain the library, 
the Secretary shall obtain information from each 
packer on each type of existing covered contract of 
the packer by requiring a filing or other form of in-
formation submission from each packer. 
‘‘(2) CONTRACT
INFORMATION.—Information 
submitted to the Secretary by a packer under para-
graph (1) shall include, with respect to each existing 
covered contract of a packer— 
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‘‘(A) the type of contract; 
‘‘(B) the duration of the contract; 
‘‘(C) a summary of the contract terms; 
‘‘(D) provisions in the contract that may 
affect the price of cattle covered by the con-
tract, including schedules, premiums and dis-
counts, financing and risk-sharing arrange-
ments, and transportation arrangements; 
‘‘(E) the total number of cattle covered by 
the contract solely committed to the packer 
each week within the 6-month and 12-month 
periods following the date of the contract and 
the percentage of cattle each week that may 
vary for delivery or nondelivery at the discretion 
of the packer, organized by reporting region or 
in such other manner as the Secretary may de-
termine; 
‘‘(F) in the case of a contract in which a 
specific number of cattle are not solely com-
mitted to the packer— 
‘‘(i) an indication that the contract is 
an open commitment; and 
‘‘(ii) any weekly, monthly, annual, or 
other limitations or requirements on the 
number of cattle that may be delivered to 
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the packer under the contract, including 
the percentage of cattle that may vary for 
delivery or nondelivery in a given time pe-
riod at the discretion of the packer; and 
‘‘(G) a description of the provisions in the 
contract that provide for expansion in the num-
bers of fed cattle to be delivered under the con-
tract for the 6-month and 12-month periods fol-
lowing the date of the contract. 
‘‘(c) AVAILABILITY OF INFORMATION.— 
‘‘(1) IN GENERAL.—The Secretary shall make 
publicly available to producers and other interested 
persons information (including the information de-
scribed in subsection (b)(2)), in a user-friendly for-
mat, on the types of covered contracts in the library, 
including notice (on a real-time basis, if practicable) 
of the types of covered contracts that are entered 
into between packers and producers for the purchase 
of fed cattle. 
‘‘(2) MONTHLY REPORT.— 
‘‘(A) IN
GENERAL.—Beginning 30 days 
after the library is established, the Secretary 
shall make the information obtained each 
month in the library available in a monthly re-
port to producers and other interested persons. 
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‘‘(B) CONTENTS.—The monthly report de-
scribed in subparagraph (A) shall include— 
‘‘(i) based on the information collected 
under subsection (b)(2)(E), an estimate by 
the Secretary of the total number of fed 
cattle committed under covered contracts 
for delivery to packers within the 6-month 
and 12-month periods following the date of 
the report, organized by reporting region 
and type of contract; 
‘‘(ii) based on the information col-
lected under subsection (b)(2)(F), the 
number of covered contracts with an open 
commitment and any weekly, monthly, an-
nual, or other limitations or requirements 
on the number of cattle that may be deliv-
ered under such contracts, including the 
percentage of cattle that may vary for de-
livery or nondelivery in a given time period 
at the discretion of the packer; and 
‘‘(iii) based on the information col-
lected under subsection (b)(2)(G), an esti-
mate by the Secretary of the total max-
imum number of fed cattle that may be de-
livered within the 6-month and 12-month 
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periods following the date of the report, or-
ganized by reporting region and type of 
contract. 
‘‘(d) MAINTENANCE OF LIBRARY.—Information in 
the library about types of contracts that are no longer of-
fered or in use shall be removed from the library. 
‘‘(e) CONFIDENTIALITY.—The reporting require-
ments for packers under this section shall be subject to 
the confidentiality protections provided under section 251. 
‘‘(f) VIOLATIONS.—It shall be unlawful and a viola-
tion of this Act for any packer to willfully fail or refuse— 
‘‘(1) to provide to the Secretary accurate infor-
mation required under this section; or 
‘‘(2) to comply with any other requirement of 
this section. 
‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Secretary such 
sums as are necessary to carry out this section.’’. 
SEC. 7. MARKET ACQUISITION OF FED CATTLE. 
(a) SENSE OF THE CONGRESS.—It is the sense of the 
Congress that— 
(1) all participants in the fed cattle market 
have a responsibility to contribute to sufficient levels 
of negotiated trade of fed cattle in all cattle feeding 
regions in order to achieve competitive bidding and 
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maximum transparency in all relevant markets and 
robust price discovery for the benefit of all market 
participants; 
(2) covered packers that use negotiated market 
prices or internal formulations thereof as the basis 
for formula marketing arrangements may have in-
centives to not participate in price discovery in fed 
cattle markets, including in order to influence the 
price, especially if the majority of the cattle pur-
chases are under fed cattle formula marketing ar-
rangements under which it is particularly important 
to have minimum participation; and 
(3) the Department of Agriculture should exam-
ine academic literature regarding minimum levels of 
negotiated transactions necessary to achieve robust 
price discovery, eliminate the potential for price ma-
nipulation, and enhance cattle producer leverage in 
the marketplace in each of the cattle marketing re-
gions. 
(b) PENALTIES.—Section 253(a) of the Agricultural 
Marketing Act of 1946 (7 U.S.C. 1636b(a)) is amended— 
(1) in paragraph (1)— 
(A) by striking the paragraph designation 
and heading and all that follows through ‘‘Any 
packer’’ and inserting the following: 
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‘‘(1) PENALTY AMOUNT.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), any packer’’; and 
(B) by adding at the end the following: 
‘‘(B) MANDATORY MINIMUM VIOLATION.— 
Any packer or other person that violates section 
259 may be assessed a civil penalty by the Sec-
retary of not more than $90,000 for each viola-
tion (as adjusted for inflation).’’; and 
(2) in paragraph (2)— 
(A) by striking ‘‘Each day’’ and inserting 
the following: 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), each day’’; and 
(B) by adding at the end the following: 
‘‘(B) MANDATORY MINIMUM VIOLATION.— 
Each week during which a violation of section 
259 continues shall be considered to be a sepa-
rate violation.’’. 
(c) MANDATORY MINIMUMS.—The Agricultural Mar-
keting Act of 1946 is amended— 
(1) by redesignating sections 259 and 260 (7 
U.S.C. 1636h, 1636i) as sections 260 and 261, re-
spectively; and 
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(2) by inserting after section 258 (7 U.S.C. 
1636g) the following: 
‘‘SEC. 259. MANDATORY MINIMUMS. 
‘‘(a) PURPOSE.—The purpose of this section is to es-
tablish mandatory minimums— 
‘‘(1) to enhance price discovery, transparency, 
and cattle producer leverage for cattle market par-
ticipants; and 
‘‘(2) to minimize and mitigate conflicts of inter-
est and other incentives for a covered packer to in-
fluence the base price of formula marketing arrange-
ments for the benefit of the covered packer through 
action or inaction in the market in which the base 
price is determined. 
‘‘(b) ESTABLISHMENT.— 
‘‘(1) IN
GENERAL.—Not later than 2 years 
after the date of enactment of the Cattle Price Dis-
covery and Transparency Act of 2023, the Secretary 
shall establish— 
‘‘(A) 5 to 7 contiguous regions (referred to 
in this section as ‘covered regions’) that— 
‘‘(i) together encompass the entire 
continental United States; and 
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‘‘(ii) to the extent practicable, reason-
ably reflect similar fed cattle purchase 
practices; 
‘‘(B) a mandatory minimum— 
‘‘(i) for each covered region estab-
lished under subparagraph (A); and 
‘‘(ii) that shall be applicable with re-
spect to each processing plant of a covered 
packer located in that covered region; and 
‘‘(C) a time period within which a covered 
packer shall be required to meet the applicable 
mandatory minimum, which shall be not less 
than 1 week but not more than 30 days. 
‘‘(2) MODIFICATIONS.—The Secretary— 
‘‘(A) shall review the mandatory minimums 
established under paragraph (1) not later than 
2 years after the date of establishment and pe-
riodically thereafter, but not less frequently 
than once every 5 years; and 
‘‘(B) modify any such mandatory min-
imum, as necessary, after consulting with rep-
resentatives of the United States cattle and beef 
industry and in accordance with paragraph (4). 
‘‘(3) PUBLIC INPUT.—In carrying out this sub-
section, the Secretary shall make all proposed man-
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datory minimums subject to notice and comment 
rulemaking and a cost-benefit analysis. 
‘‘(4) CONSIDERATIONS.—In establishing or 
modifying mandatory minimums under this sub-
section for any covered region, the Secretary shall 
consider the following factors: 
‘‘(A) The number of covered packers in the 
covered region. 
‘‘(B) The availability of fed cattle in the 
covered region. 
‘‘(C) Pre-existing contractual arrange-
ments of packers in the covered region. 
‘‘(D) The number of pricing transactions 
(pens of cattle sold) in the covered region. 
‘‘(E) The proportion of fed cattle pur-
chased in the covered region through negotiated 
purchases or negotiated grid purchases relative 
to the number of formula marketing arrange-
ments that use the negotiated prices or nego-
tiated grid prices as base prices. 
‘‘(5) INITIAL MANDATORY MINIMUM REQUIRE-
MENT.—The initial mandatory minimum established 
under paragraph (1)(B) for each covered region 
shall be— 
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‘‘(A) not less than the average percentage 
of negotiated purchases and negotiated grid 
purchases made in that covered region between 
January 1, 2020, and January 1, 2022; and 
‘‘(B) not more than 50 percent. 
‘‘(c) PURCHASES.—A covered packer shall, with re-
spect to each processing plant of the covered packer, pur-
chase through an approved pricing mechanism not less 
than the percentage of fed cattle required under the man-
datory minimum established under subsection (b) for the 
covered region in which the processing plant is located. 
‘‘(d) ENFORCEMENT.— 
‘‘(1) IN GENERAL.—On establishing mandatory 
minimums under subsection (b), the Secretary— 
‘‘(A) shall regularly monitor compliance by 
covered packers with those mandatory mini-
mums; and 
‘‘(B) in the case of noncompliance by a 
covered packer in a given period, may allow the 
covered packer to remedy the noncompliance by 
purchasing the applicable shortfall in the ap-
proved pricing mechanism in 1 or more subse-
quent periods, subject to paragraph (2). 
‘‘(2) NONREMEDY.—The Secretary shall not 
allow a covered packer to remedy noncompliance 
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under paragraph (1)(B) if the covered packer has a 
pattern or practice of noncompliance, as determined 
by the Secretary. 
‘‘(e) EFFECT ON PREMIUMS.—Nothing in this sec-
tion prohibits a formula marketing arrangement from in-
cluding a premium in addition to the base price, including 
a premium for meat quality, consistency, breed, produc-
tion method, branding, or any other value-added effort.’’. 
SEC. 8. ALTERNATIVE MARKETING ARRANGEMENTS FEASI-
BILITY REPORT. 
Not later than 180 days after the date of enactment 
of this Act, the Secretary of Agriculture, acting through 
the Administrator of the Agricultural Marketing Service, 
shall publish a report analyzing the feasibility of alter-
native marketing arrangements with a base price tied to 
the price of boxed beef, which shall include information 
on— 
(1) the benefits and limitations of such alter-
native marketing arrangements; 
(2) barriers limiting adoption of such alter-
native marketing arrangements; 
(3) potential educational needs relating to the 
use of such alternative marketing arrangements for 
industry participants; and 
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(4) risk management needs to increase the 
adoption and facilitate the ongoing delivery of bene-
fits of such alternative marketing arrangements to 
industry participants. 
SEC. 9. MODIFICATIONS TO LIVESTOCK MANDATORY RE-
PORTING REGIONS. 
Not later than 1 year after the date of enactment 
of this Act, the Secretary of Agriculture, acting through 
the Administrator of the Agricultural Marketing Service, 
shall realign the livestock mandatory reporting regions es-
tablished pursuant to subtitle B of the Agricultural Mar-
keting Act of 1946 (7 U.S.C. 1635 et seq.) by— 
(1) modifying the existing Colorado cattle re-
porting region to include the State of Wyoming; and 
(2) modifying the existing Iowa-Minnesota cat-
tle reporting region to include the States of Illinois 
and South Dakota. 
Æ 
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