H. R. 1906—42
(2) recalculate any repayment made for a marketing assist-
ance loan for the 1999 crop of rice on or before August 4,
1999, as if the repayment had been made on August 5, 1999.
(g) HONEY RECOURSE LOANS.—
(1) IN GENERAL.—Notwithstanding any other provision of
law, in order to assist producers of honey to market their
honey in an orderly manner during a period of disastrously
low prices, the Secretary may use funds made available under
this section to make available recourse loans to producers of
the 1999 crop of honey on fair and reasonable terms and condi-
tions, as determined by the Secretary.
(2) LOAN RATE.—The loan rate of the loans shall be 85
percent of the average price of honey during the 5-crop year
period preceding the 1999 crop year, excluding the crop year
in which the average price of honey was the highest and the
crop year in which the average price of honey was the lowest
in the period.
(h) RECOURSE LOANS FOR MOHAIR.—
(1) IN GENERAL.—Subject to paragraph (2) and notwith-
standing any other provision of law, during fiscal year 2000,
the Secretary may use funds made available under this section
to make recourse loans available in accordance with section
137(c) of the Agricultural Market Transition Act (7 U.S.C.
7237(c)) to producers of mohair produced during or before that
fiscal year.
(2) INTEREST.—Section 137(c)(4) of that Act shall not apply
to a loan made under paragraph (1).
SEC. 802. MARKET LOSS ASSISTANCE.
(a) ASSISTANCE AUTHORIZED.—The Secretary shall use not more
than $5,544,453,000 of funds of the Commodity Credit Corporation
to provide assistance to owners and producers on a farm that
are eligible for final payments for fiscal year 1999 under a produc-
tion flexibility contract for the farm under the Agricultural Market
Transition Act (7 U.S.C. 7201 et seq.).
(b) AMOUNT.—The amount of assistance made available to
owners and producers on a farm under this section shall be propor-
tionate to the amount of the contract payment received by the
owners and producers for fiscal year 1999 under a production flexi-
bility contract for the farm under the Agricultural Market Transi-
tion Act.
(c) PROTECTION OF TENANTS AND SHARECROPPERS; SHARING OF
PAYMENTS.—Sections 111(c) and 114(g) of the Agricultural Market
Transition Act (7 U.S.C. 7211(c), 7214(g)) shall apply to the pay-
ments made under subsection (a).
SEC. 803. SPECIALTY CROPS.
(a) PEANUTS.—
(1) IN GENERAL.—The Secretary shall use such amounts
as are necessary of funds of the Commodity Credit Corporation
to provide payments to producers of quota peanuts or additional
peanuts to partially compensate the producers for continuing
low commodity prices, and increasing costs of production, for
the 1999 crop year.
(2) AMOUNT.—The amount of a payment made to producers
on a farm of quota peanuts or additional peanuts under para-
graph (1) shall be equal to the product obtained by
multiplying—
H. R. 1906—43
(A) the quantity of quota peanuts or additional peanuts
produced or considered produced by the producers; and
(B) an amount equal to 5 percent of the loan rate
established for quota peanuts or additional peanuts, respec-
tively, under section 155 of the Agricultural Market Transi-
tion Act (7 U.S.C. 7271).
(b) CONDITION ON PAYMENT OF SALARIES AND EXPENSES.—None
of the funds appropriated or otherwise made available by this
Act or any other Act may be used to pay the salaries and expenses
of personnel of the Department of Agriculture to carry out or
enforce section 156(f ) of the Agricultural Market Transition Act
(7 U.S.C. 7272(f )) through fiscal year 2001.
(c) TOBACCO.—
(1) IN
GENERAL.—The Secretary shall use $328,000,000
of funds of the Commodity Credit Corporation to make pay-
ments to States on behalf of persons described in paragraph
(2) for the reduction in the quantity of quota allotted to certain
farms under part I of subtitle B of title III of the Agricultural
Adjustment Act of 1938 (7 U.S.C. 1311 et seq.) from the 1998
crop year to the 1999 crop year.
(2) ELIGIBLE PERSONS.—To be eligible to receive a payment
under paragraphs (1) through (5), a person must own or operate,
or produce tobacco on, a farm—
(A) for which the quantity of quota allotted to the
farm under part I of subtitle B of title III of the Agricultural
Adjustment Act of 1938 (7 U.S.C. 1311 et seq.) was reduced
from the 1998 crop year to the 1999 crop year; and
(B) that was used for the production of tobacco during
the 1998 or 1999 crop year.
(3) ALLOCATION TO STATES.—The Secretary shall allocate
funds made available under paragraph (1) to States with
eligible persons described in paragraph (2) in proportion to
the relative quantity of quota allotted to farms in the States
that was reduced from the 1998 crop year to the 1999 crop
year.
(4) DISTRIBUTION BY STATES.—
(A) IN
GENERAL.—In the case of a State described
in paragraph (3) that is a party to the National Tobacco
Grower Settlement Trust, the State shall distribute funds
made available under paragraph (3) to eligible persons
in the State in accordance with the formulas established
pursuant to the Trust.
(B) OTHER
STATES.—Subject to the approval of the
Secretary, in the case of a State described in paragraph
(3) that is not a party to the National Tobacco Grower
Settlement Trust, the State shall distribute funds made
available under paragraph (3) to eligible persons in the
State in a manner determined by the State.
(5) ALTERNATIVE
DISTRIBUTION.—In lieu of making pay-
ments under this subsection to States, the Secretary may dis-
tribute funds directly to eligible persons using the facilities
of private disbursing agents, facilities of the Farm Service
Agency, or other available facilities.
(6) FLUE-CURED TOBACCO.—
(A) LIMITATION ON QUANTITY OF ALLOTMENT LEASED
OR SOLD.—Section 316(e) of the Agricultural Adjustment
Act of 1938 (7 U.S.C. 1316(e)) is amended—
H. R. 1906—44
(i) in paragraph (1), by striking ‘‘farm or, in’’ and
all that follows through ‘‘: Provided, That in’’ and
inserting ‘‘farm. In’’;
(ii) by redesignating paragraph (2) as paragraph
(3); and
(iii) by inserting after paragraph (1) the following:
‘‘(2) Paragraph (1) shall not apply to flue-cured tobacco.’’.
(B) TRANSFERS
OF
QUOTA
OR
ALLOTMENT
ACROSS
COUNTY LINES IN A STATE.—Section 316(g) of the Agricul-
tural Adjustment Act of 1938 (7 U.S.C. 1314b(g)) is
amended by adding at the end the following:
‘‘(3) TRANSFERS ALLOWED BY REFERENDUM.—
‘‘(A) REFERENDUM.—On the request of at least 25 per-
cent of the active flue-cured tobacco producers within a
State, the Secretary shall conduct a referendum of the
active flue-cured tobacco producers within the State to
determine whether the producers favor or oppose permit-
ting the sale of a flue-cured tobacco allotment or quota
from a farm in a State to any other farm in the State.
‘‘(B) APPROVAL.—If the Secretary determines that a
majority of the active flue-cured tobacco producers voting
in the referendum approves permitting the sale of a flue-
cured tobacco allotment or quota from a farm in the State
to any other farm in the State, the Secretary shall permit
the sale of a flue-cured tobacco allotment or quota from
a farm in the State to any other farm in the State.’’.
(C) SAME GROWER IN CONTIGUOUS COUNTIES.—Section
379(b) of the Agricultural Adjustment Act of 1938 (7 U.S.C.
1379(b)) is amended by inserting ‘‘or flue-cured’’ after
‘‘Burley’’.
SEC. 804. OILSEEDS.
(a) IN GENERAL.—The Secretary shall use $475,000,000 of funds
of the Commodity Credit Corporation to make payments to pro-
ducers of the 1999 crop of oilseeds that are eligible to obtain
a marketing assistance loan under section 131 of the Agricultural
Market Transition Act (7 U.S.C. 7231).
(b) COMPUTATION.—A payment to producers on a farm under
this section for an oilseed shall be equal to the product obtained
by multiplying—
(1) a payment rate determined by the Secretary;
(2) the acreage of the producers on the farm for the oilseed,
as determined under subsection (c); and
(3) the yield of the producers on the farm for the oilseed,
as determined under subsection (d).
(c) ACREAGE.—
(1) IN GENERAL.—Except as provided in paragraph (2), the
acreage of the producers on the farm for an oilseed under
subsection (b)(2) shall be equal to the greater of—
(A) the number of acres planted to the oilseed by
the producers on the farm during the 1997 crop year,
as reported by the producers on the farm to the Secretary
(including any acreage reports that are filed late); or
(B) the number of acres planted to the oilseed by
the producers on the farm during the 1998 crop year,
as reported by the producers on the farm to the Secretary
(including any acreage reports that are filed late).
H. R. 1906—45
(2) NEW PRODUCERS.—In the case of producers on a farm
that planted acreage to an oilseed during the 1999 crop year
but not the 1997 or 1998 crop year, the acreage of the producers
for the oilseed under subsection (b)(2) shall be equal to the
number of acres planted to the oilseed by the producers on
the farm during the 1999 crop year, as reported by the pro-
ducers on the farm to the Secretary (including any acreage
reports that are filed late).
(d) YIELD.—
(1) SOYBEANS.—Except as provided in paragraph (3), in
the case of soybeans, the yield of the producers on a farm
under subsection (b)(3) shall be equal to the greatest of—
(A) the average county yield per harvested acre for
each of the 1994 through 1998 crop years, excluding the
crop year with the highest yield per harvested acre and
the crop year with the lowest yield per harvested acre;
(B) the actual yield of the producers on the farm for
the 1997 crop year; or
(C) the actual yield of the producers on the farm for
the 1998 crop year.
(2) OTHER
OILSEEDS.—Except as provided in paragraph
(3), in the case of oilseeds other than soybeans, the yield of
the producers on a farm under subsection (b)(3) shall be equal
to the greatest of—
(A) the average national yield per harvested acre for
each of the 1994 through 1998 crop years, excluding the
crop year with the highest yield per harvested acre and
the crop year with the lowest yield per harvested acre;
(B) the actual yield of the producers on the farm for
the 1997 crop year; or
(C) the actual yield of the producers on the farm for
the 1998 crop year.
(3) NEW PRODUCERS.—In the case of producers on a farm
that planted acreage to an oilseed during the 1999 crop year
but not the 1997 or 1998 crop year, the yield of the producers
on a farm under subsection (b)(3) shall be equal to the greater
of—
(A) the average county yield per harvested acre for
each of the 1994 through 1998 crop years, excluding the
crop year with the highest yield per harvested acre and
the crop year with the lowest yield per harvested acre;
or
(B) the actual yield of the producers on the farm for
the 1999 crop.
(4) DATA SOURCE.—To the maximum extent available, the
Secretary shall use data provided by the National Agricultural
Statistics Service to carry out this subsection.
SEC. 805. LIVESTOCK AND DAIRY.
The Secretary shall use $325,000,000 of funds of the Commodity
Credit Corporation to provide assistance directly to livestock and
dairy producers, in a manner determined appropriate by the Sec-
retary, to compensate the producers for economic losses incurred
during 1999.
SEC. 806. UPLAND COTTON.
(a) IN GENERAL.—Section 136(a) of the Agricultural Market
Transition Act (7 U.S.C. 7236(a)) is amended—
H. R. 1906—46
(1) in paragraph (1), by striking ‘‘or cash payments’’ and
inserting ‘‘or cash payments, at the option of the recipient,’’;
(2) by striking ‘‘3 cents per pound’’ each place it appears
and inserting ‘‘1.25 cents per pound’’;
(3) in paragraph (3)—
(A) in the first sentence of subparagraph (A), by
striking ‘‘owned by the Commodity Credit Corporation in
such manner, and at such price levels, as the Secretary
determines will best effectuate the purposes of cotton user
marketing certificates’’ and inserting ‘‘owned by the Com-
modity Credit Corporation or pledged to the Commodity
Credit Corporation as collateral for a loan in such manner,
and at such price levels, as the Secretary determines will
best effectuate the purposes of cotton user marketing cer-
tificates, including enhancing the competitiveness and
marketability of United States cotton’’; and
(B) in subparagraph (B), by striking the second sen-
tence; and
(4) by striking paragraph (4).
(b) ENSURING THE AVAILABILITY OF UPLAND COTTON.—Section
136(b) of the Agricultural Market Transition Act (7 U.S.C. 7236(b))
is amended—
(1) by striking paragraph (1) and inserting the following:
‘‘(1) ESTABLISHMENT.—
‘‘(A) IN GENERAL.—The President shall carry out an
import quota program during the period ending July 31,
2003, as provided in this subsection.
‘‘(B) PROGRAM REQUIREMENTS.—Except as provided in
subparagraph (C), whenever the Secretary determines and
announces that for any consecutive 4-week period, the Fri-
day through Thursday average price quotation for the
lowest-priced United States growth, as quoted for Middling
(M) 13⁄32-inch cotton, delivered C.I.F. Northern Europe,
adjusted for the value of any certificate issued under sub-
section (a), exceeds the Northern Europe price by more
than 1.25 cents per pound, there shall immediately be
in effect a special import quota.
‘‘(C) TIGHT DOMESTIC SUPPLY.—During any month for
which the Secretary estimates the season-ending United
States upland cotton stocks-to-use ratio, as determined
under subparagraph (D), to be below 16 percent, the Sec-
retary, in making the determination under subparagraph
(B), shall not adjust the Friday through Thursday average
price quotation for the lowest-priced United States growth,
as quoted for Middling (M) 13⁄32-inch cotton, delivered C.I.F.
Northern Europe, for the value of any certificates issued
under subsection (a).
‘‘(D) SEASON-ENDING
UNITED
STATES
STOCKS-TO-USE
RATIO.—For the purposes of making estimates under
subparagraph (C), the Secretary shall, on a monthly basis,
estimate and report the season-ending United States
upland cotton stocks-to-use ratio, excluding projected raw
cotton imports but including the quantity of raw cotton
that has been imported into the United States during the
marketing year.’’; and
(2) by adding at the end the following:
H. R. 1906—47
‘‘(7) LIMITATION.—The quantity of cotton entered into the
United States during any marketing year under the special
import quota established under this subsection may not exceed
the equivalent of 5 week’s consumption of upland cotton by
domestic mills at the seasonally adjusted average rate of the
3 months immediately preceding the first special import quota
established in any marketing year.’’.
SEC. 807. MILK.
(a) IN GENERAL.—Section 141 of the Agricultural Market
Transition Act (7 U.S.C. 7251) is amended—
(1) in subsection (b)(4), by striking ‘‘calendar year 1999’’
and inserting ‘‘each of calendar years 1999 and 2000’’; and
(2) in subsection (h), by striking ‘‘1999’’ each place it
appears and inserting ‘‘2000’’.
(b) CONFORMING AMENDMENT.—Section 142(e) of the Agricul-
tural Market Transition Act (7 U.S.C. 7252(e)) is amended by
striking ‘‘2000’’ and inserting ‘‘2001’’.
Subtitle B—Other Assistance
SEC. 811. AUTHORITY FOR ADVANCE PAYMENT IN FULL OF REMAINING
PAYMENTS 
UNDER 
PRODUCTION 
FLEXIBILITY 
CON-
TRACTS.
Section 112(d)(3) of the Agricultural Market Transition Act
(7 U.S.C. 7212(d)(3)) is amended—
(1) in the paragraph heading, by striking ‘‘FOR FISCAL YEAR
1999’’; and
(2) by striking ‘‘for fiscal year 1999’’ and inserting ‘‘for
any of fiscal years 1999 through 2002’’.
SEC. 812. COMMODITY CERTIFICATES.
Subtitle E of the Agricultural Market Transition Act (7 U.S.C.
7281 et seq.) is amended by adding at the end the following:
‘‘SEC. 166. COMMODITY CERTIFICATES.
‘‘(a) IN GENERAL.—In making in-kind payments under subtitle
C, the Commodity Credit Corporation may—
‘‘(1) acquire and use commodities that have been pledged
to the Commodity Credit Corporation as collateral for loans
made by the Corporation;
‘‘(2) use other commodities owned by the Commodity Credit
Corporation; and
‘‘(3) redeem negotiable marketing certificates for cash under
terms and conditions established by the Secretary.
‘‘(b) METHODS OF PAYMENT.—The Commodity Credit Corpora-
tion may make in-kind payments—
‘‘(1) by delivery of the commodity at a warehouse or other
similar facility;
‘‘(2) by the transfer of negotiable warehouse receipts;
‘‘(3) by the issuance of negotiable certificates, which the
Commodity Credit Corporation shall exchange for a commodity
owned or controlled by the Corporation in accordance with
regulations promulgated by the Corporation; or
‘‘(4) by such other methods as the Commodity Credit Cor-
poration determines appropriate to promote the efficient, equi-
table, and expeditious receipt of the in-kind payments so that
H. R. 1906—48
a person receiving the payments receives the same total return
as if the payments had been made in cash.
‘‘(c) ADMINISTRATION.—
‘‘(1) FORM.—At the option of a producer, the Commodity
Credit Corporation shall make negotiable certificates authorized
under subsection (b)(3) available to the producer, in the form
of program payments or by sale, in a manner that the Corpora-
tion determines will encourage the orderly marketing of
commodities pledged as collateral for loans made to producers
under subtitle C.
‘‘(2) TRANSFER.—A negotiable certificate issued in accord-
ance with this subsection may be transferred to another person
in accordance with regulations promulgated by the Secretary.’’.
SEC. 813. LIMITATION ON MARKETING LOAN GAINS AND LOAN DEFI-
CIENCY PAYMENTS.
(a) IN GENERAL.—Notwithstanding section 1001(2) of the Food
Security Act of 1985 (7 U.S.C. 1308(1)), the total amount of the
payments specified in section 1001(3) of that Act that a person
shall be entitled to receive under the Agricultural Market Transition
Act (7 U.S.C. 7201 et seq.) for one or more contract commodities
and oilseeds produced during the 1999 crop year may not exceed
$150,000.
(b) 1999 MARKETINGS.—In carrying out subsection (a), the Sec-
retary shall allow a producer that has marketed a quantity of
an eligible 1999 crop for which the producer has not received
a loan deficiency payment or marketing loan gain under section
134 or 135 of the Agricultural Market Transition Act (7 U.S.C.
7234, 7235) to receive such payment or gain as of the date on
which the quantity was marketed or redeemed, as determined by
the Secretary.
SEC. 814. ASSISTANCE FOR PURCHASE OF ADDITIONAL CROP INSUR-
ANCE COVERAGE.
The Secretary shall transfer $400,000,000 of funds of the Com-
modity Credit Corporation to the Federal Crop Insurance Corpora-
tion to be used to assist agricultural producers in purchasing addi-
tional coverage for the 2000 crop year under the Federal Crop
Insurance Act (7 U.S.C. 1501 et seq.).
SEC. 815. FORGIVENESS OF CERTAIN WATER AND WASTE DISPOSAL
LOANS.
The Secretary shall forgive the principal indebtedness and
accrued interest owed by the City of Stroud, Oklahoma, to the
Rural Utilities Service on water and waste disposal loans numbered
9105 and 9107.
SEC. 816. NATIONAL SHEEP INDUSTRY IMPROVEMENT CENTER.
(a) DEFINITIONS.—Section 375(a) of the Consolidated Farm and
Rural Development Act (7 U.S.C. 2008j(a)) is amended by adding
at the end the following:
‘‘(5) INTERMEDIARY.—The term ‘intermediary’ means a
financial institution receiving Center funds for establishing a
revolving fund and relending to an eligible entity.’’.
(b) REVOLVING FUND.—Section 375(e) of the Consolidated Farm
and Rural Development Act (7 U.S.C. 2008j(e)) is amended—
(1) in paragraph (3)—
H. R. 1906—49
(A) by striking subparagraph (A) and inserting the
following:
‘‘(A) IN GENERAL.—The Center may use amounts in
the Fund to make direct loans, loan guarantees, cooperative
agreements, 
equity 
interests, 
investments, 
repayable
grants, and grants to eligible entities, either directly or
through an intermediary, in accordance with a strategic
plan submitted under subsection (d).’’;
(B) in subparagraph (B), by adding at the end the
following: ‘‘The Fund is intended to furnish the initial
capital for a revolving fund that will eventually be
privatized for the purposes of assisting the United States
sheep and goat industries.’’;
(C) by striking subparagraph (D);
(D) by striking subparagraph (E) and inserting the
following:
‘‘(E) ADMINISTRATION.—The Center may not use more
than 3 percent of the amounts in the portfolio of the Center
for each fiscal year for the administration of the Center.
The portfolio shall be calculated at the beginning of each
fiscal year and shall include a total of—
‘‘(i) all outstanding loan balances;
‘‘(ii) the Fund balance;
‘‘(iii) the outstanding balance to intermediaries;
and
‘‘(iv) the amount the Center paid for all equity
interests.’’;
(E) in subparagraph (H)—
(i) in clause (v), by striking ‘‘or’’ at the end;
(ii) in clause (vi), by striking the period at the
end and inserting ‘‘; or’’; and
(iii) by adding at the end the following:
‘‘(vii) purchase equity interests.’’; and
(F) by redesignating subparagraphs (E) through (H)
as subparagraphs (D) through (G), respectively; and
(2) in paragraph (6), by striking subparagraph (D).
(c) BOARD OF DIRECTORS.—Section 375(f ) of the Consolidated
Farm and Rural Development Act (7 U.S.C. 2008j(f )) is amended—
(1) in paragraph (2), by striking subparagraph (B) and
inserting the following:
‘‘(B) review any contract, direct loan, loan guarantee,
cooperative agreement, equity interest, investment, repay-
able grant, and grant to be made or entered into by the
Center and any financial assistance provided to the
Center;’’;
(2) in paragraph (5), by striking subparagraph (C) and
inserting the following:
‘‘(C) REAPPOINTMENT.—A voting member may be re-
appointed for not more than one additional term.’’; and
(3) in paragraph (6), by striking subparagraph (B) and
inserting the following:
‘‘(B) REAPPOINTMENT.—A voting member appointed to
fill a vacancy for an unexpired term may be reappointed
for one full term.’’.
(d) PRIVATIZATION.—Section 375 of the Consolidated Farm and
Rural Development Act (7 U.S.C. 2008j) is amended by adding
at the end the following:
H. R. 1906—50
‘‘( j) PRIVATIZATION.—
‘‘(1) IN
GENERAL.—Privatization of a revolving fund for
the purposes of assisting the United States sheep and goat
industries shall occur on the earlier of—
‘‘(A) September 30, 2006; or
‘‘(B) the date as of which a total of $30,000,000 has
been appropriated for the Center under subsection (e)(6)(C).
‘‘(2) PRIVATIZATION
PROPOSAL.—On privatization of a
revolving fund in accordance with paragraph (1), the Board
shall submit to the Secretary, for approval, a privatization
proposal that—
‘‘(A) delineates a private successor entity to the Center;
and
‘‘(B) establishes a transition plan.
‘‘(3) PRIVATE
SUCCESSOR
ENTITY.—The private successor
entity shall—
‘‘(A) have the purposes described in subsection (c);
‘‘(B) be organized under the laws of one of the States;
and
‘‘(C) be able to continue the activities of the Center.
‘‘(4) TRANSITION PLAN.—The transition plan shall—
‘‘(A) identify any continuing role of the Federal Govern-
ment with respect to the Center;
‘‘(B) provide for the transfer of all Center assets and
liabilities to the private successor entity; and
‘‘(C) delineate the status of the Board and employees
of the Center.
‘‘(5) IMPLEMENTATION.—
‘‘(A) IN GENERAL.—On approval by the Secretary of
the private successor entity and the transition plan, the
Center shall create the private successor entity and imple-
ment the transition plan.
‘‘(B) AUTHORITY.—The Secretary shall have all nec-
essary authority to implement the transition plan.
‘‘(6) TRANSFER OF FUNDS.—On creation of the private suc-
cessor entity, all funds held by the Department of the Treasury
pursuant to this section shall be transferred to the private
successor entity.
‘‘(7) REPEAL.—On the date the Secretary publishes notice
in the Federal Register that the transition plan is complete,
this section is repealed.’’.
SEC. 817. FISHERIES.
(a) NORTON SOUND FISHERIES FAILURE.—
(1) INCOME ELIGIBILITY.—Section 763(a) of the Agriculture,
Rural Development, Food and Drug Administration, and
Related Agencies Appropriations Act, 1999 (112 Stat. 2681–
36), is amended by striking ‘‘federal poverty level’’ and inserting
‘‘income eligibility level established for Alaska under the tem-
porary assistance to needy families (TANF) program funded
under part A of title IV of the Social Security Act (42 U.S.C.
601 et seq.)’’.
(2) EMERGENCY
ASSISTANCE.—Section 1124 of the Agri-
culture, Rural Development, Food and Drug Administration,
and Related Agencies Appropriations Act, 1999 (112 Stat. 2681–
45), is amended by inserting before the period at the end
the following: ‘‘or a fisheries failure in the Norton Sound region
H. R. 1906—51
of Alaska that has resulted in the closure of commercial and
subsistence fisheries to persons that depend on fish as their
primary source of food and income’’.
(3) APPROPRIATION.—
(A) IN GENERAL.—In addition to amounts appropriated
or otherwise made available by this Act, there is appro-
priated to the Department of Agriculture for fiscal year
2001, out of any money in the Treasury not otherwise
appropriated, $15,000,000, to remain available until
expended, to provide emergency disaster assistance to per-
sons or entities affected by the 1999 fisheries failure in
the Norton Sound region of Alaska.
(B) TRANSFER.—To carry out this paragraph, the Sec-
retary shall transfer to the Secretary of Commerce for
obligation and expenditure—
(i) $10,000,000 for fiscal year 2001 for grants under
section 209 of the Public Works and Economic Develop-
ment Act of 1965 (42 U.S.C. 3149); and
(ii) $5,000,000 for fiscal year 2001 for carrying
out section 312 of the Magnuson-Stevens Fishery Con-
servation and Management Act (16 U.S.C. 1861a).
(b) COMMERCIAL FISHERIES FAILURE.—
(1) IN GENERAL.—In addition to amounts appropriated or
otherwise made available by this Act, there is appropriated
to the Department of Agriculture for fiscal year 2001, out
of any money in the Treasury not otherwise appropriated,
$15,000,000, to remain available until expended, which shall
be transferred to the Department of Commerce to provide emer-
gency disaster assistance for the commercial fishery failure
under section 308(b)(1) of the Interjurisdictional Fisheries Act
of 1986 (16 U.S.C. 4107(b)(1)) with respect to Northeast multi-
species fisheries.
(2) USE.—Amounts made available under this subsection
shall be used to support cooperative research and management
activities administered by the National Marine Fisheries Serv-
ices and based on recommendations by the New England
Fishery Management Council.
SEC. 818. SENSE OF THE CONGRESS REGARDING FAST-TRACK
AUTHORITY AND FUTURE WORLD TRADE ORGANIZATION
NEGOTIATIONS.
It is the sense of the Congress that—
(1) the President should make a formal request for appro-
priate fast-track authority for future United States trade nego-
tiations;
(2) 
regarding 
future 
World 
Trade 
Organization
negotiations—
(A) rules for trade in agricultural commodities should
be strengthened and trade-distorting import and export
practices should be eliminated or substantially reduced;
(B) the rules of the World Trade Organization should
be strengthened regarding the practices or policies of a
foreign government that unreasonably—
(i) restrict market access for products of new tech-
nologies, including products of biotechnology; or
H. R. 1906—53
incurred by the Farm Service Agency directly related to carrying
out that subtitle.
(b) PROPORTIONAL RESERVATION.—The amount reserved by the
Secretary from the amounts made available under each section
of subtitle A (other than section 802) shall bear the same proportion
to the total amount reserved under subsection (a) as the administra-
tive costs incurred by the Farm Service Agency to carry out that
section (other than section 802) bear to the total administrative
costs incurred by the Farm Service Agency to carry out that subtitle
(other than section 802).
(c) EXCEPTION FOR MARKET LOSS ASSISTANCE.—The Secretary
may not reserve any portion of the amount made available under
section 802 to pay administrative costs.
SEC. 823. EMERGENCY REQUIREMENT.
The entire amount necessary to carry out this title and the
amendments made by this title shall be available only to the extent
that an official budget request for the entire amount, that includes
designation of the entire amount of the request as an emergency
requirement as defined in the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended, is transmitted by the
President to the Congress: Provided, That the entire amount is
designated by the Congress as an emergency requirement pursuant
to section 251(b)(2)(A) of such Act.
SEC. 824. REGULATIONS.
(a) PROMULGATION.—As soon as practicable after the date of
the enactment of this Act, the Secretary and the Commodity Credit
Corporation, as appropriate, shall promulgate such regulations as
are necessary to implement subtitle A and the amendments made
by subtitle A. The promulgation of the regulations and administra-
tion of subtitle A shall be made without regard to—
(1) the notice and comment provisions of section 553 of
title 5, United States Code;
(2) the Statement of Policy of the Secretary of Agriculture
effective July 24, 1971 (36 Fed. Reg. 13804), relating to notices
of proposed rulemaking and public participation in rulemaking;
and
(3) chapter 35 of title 44, United States Code (commonly
known as the ‘‘Paperwork Reduction Act’’).
(b) CONGRESSIONAL REVIEW OF AGENCY RULEMAKING.—In car-
rying out this section, the Secretary shall use the authority provided
under section 808 of title 5, United States Code.
SEC. 825. LIVESTOCK AND DAIRY ASSISTANCE.
(a) LIVESTOCK ASSISTANCE.—Of the funds provided in sections
801 and 805, no less than $200,000,000 shall be in the form of
assistance to livestock producers for losses due to drought or other
natural disasters.
(b) DAIRY ASSISTANCE.—Of the funds provided in section 805,
no less than $125,000,000 shall be in the form of assistance to
dairy producers.
(c) FORM OF ASSISTANCE.—Assistance for livestock losses shall
be in the form of grants and or other in-kind assistance, but
shall not include loans.
H. R. 1906—54
TITLE IX—LIVESTOCK MANDATORY
REPORTING
SEC. 901. SHORT TITLE.
This title may be cited as the ‘‘Livestock Mandatory Reporting
Act of 1999’’.
Subtitle A—Livestock Mandatory
Reporting
SEC. 911. LIVESTOCK MANDATORY REPORTING.
The Agricultural Marketing Act of 1946 (7 U.S.C. 1621 et
seq.) is amended—
(1) by inserting before section 202 (7 U.S.C. 1621) the
following:
‘‘Subtitle A—General Provisions’’;
and
(2) by adding at the end the following:
‘‘Subtitle B—Livestock Mandatory
Reporting
‘‘CHAPTER 1—PURPOSE; DEFINITIONS
‘‘SEC. 211. PURPOSE.
‘‘The purpose of this subtitle is to establish a program of
information regarding the marketing of cattle, swine, lambs, and
products of such livestock that—
‘‘(1) provides information that can be readily understood
by producers, packers, and other market participants, including
information with respect to the pricing, contracting for pur-
chase, and supply and demand conditions for livestock, livestock
production, and livestock products;
‘‘(2) improves the price and supply reporting services of
the Department of Agriculture; and
‘‘(3) encourages competition in the marketplace for livestock
and livestock products.
‘‘SEC. 212. DEFINITIONS.
‘‘In this subtitle:
‘‘(1) BASE PRICE.—The term ‘base price’ means the price
paid for livestock, delivered at the packing plant, before applica-
tion of any premiums or discounts, expressed in dollars per
hundred pounds of carcass weight.
‘‘(2) BASIS LEVEL.—The term ‘basis level’ means the agreed-
on adjustment to a future price to establish the final price
paid for livestock.
‘‘(3) CURRENT
SLAUGHTER
WEEK.—The term ‘current
slaughter week’ means the period beginning Monday, and
ending Sunday, of the week in which a reporting day occurs.
H. R. 1906—55
‘‘(4) F.O.B.—The term ‘F.O.B.’ means free on board, regard-
less of the mode of transportation, at the point of direct ship-
ment by the seller to the buyer.
‘‘(5) LIVESTOCK.—The term ‘livestock’ means cattle, swine,
and lambs.
‘‘(6) LOT.—The term ‘lot’ means a group of one or more
livestock that is identified for the purpose of a single transaction
between a buyer and a seller.
‘‘(7) MARKETING.—The term ‘marketing’ means the sale
or other disposition of livestock, livestock products, or meat
or meat food products in commerce.
‘‘(8) NEGOTIATED
PURCHASE.—The term ‘negotiated pur-
chase’ means a cash or spot market purchase by a packer
of livestock from a producer under which—
‘‘(A) the base price for the livestock is determined
by seller-buyer interaction and agreement on a day; and
‘‘(B) the livestock are scheduled for delivery to the
packer not later than 14 days after the date on which
the livestock are committed to the packer.
‘‘(9) NEGOTIATED SALE.—The term ‘negotiated sale’ means
a cash or spot market sale by a producer of livestock to a
packer under which—
‘‘(A) the base price for the livestock is determined
by seller-buyer interaction and agreement on a day; and
‘‘(B) the livestock are scheduled for delivery to the
packer not later than 14 days after the date on which
the livestock are committed to the packer.
‘‘(10) PRIOR SLAUGHTER WEEK.—The term ‘prior slaughter
week’ means the Monday through Sunday prior to a reporting
day.
‘‘(11) PRODUCER.—The term ‘producer’ means any person
engaged in the business of selling livestock to a packer for
slaughter (including the sale of livestock from a packer to
another packer).
‘‘(12) REPORTING DAY.—The term ‘reporting day’ means a
day on which—
‘‘(A) a packer conducts business regarding livestock
committed to the packer, or livestock purchased, sold, or
slaughtered by the packer;
‘‘(B) the Secretary is required to make information
concerning the business described in subparagraph (A)
available to the public; and
‘‘(C) the Department of Agriculture is open to conduct
business.
‘‘(13) SECRETARY.—The term ‘Secretary’ means the Sec-
retary of Agriculture.
‘‘(14) STATE.—The term ‘State’ means each of the 50 States.
‘‘CHAPTER 2—CATTLE REPORTING
‘‘SEC. 221. DEFINITIONS.
‘‘In this chapter:
‘‘(1) CATTLE
COMMITTED.—The term ‘cattle committed’
means cattle that are scheduled to be delivered to a packer
within the 7-day period beginning on the date of an agreement
to sell the cattle.
H. R. 1906—56
‘‘(2) CATTLE
TYPE.—The term ‘cattle type’ means the
following types of cattle purchased for slaughter:
‘‘(A) Fed steers.
‘‘(B) Fed heifers.
‘‘(C) Fed Holsteins and other fed dairy steers and
heifers.
‘‘(D) Cows.
‘‘(E) Bulls.
‘‘(3) FORMULA MARKETING ARRANGEMENT.—The term ‘for-
mula marketing arrangement’ means the advance commitment
of cattle for slaughter by any means other than through a
negotiated purchase or a forward contract, using a method
for calculating price in which the price is determined at a
future date.
‘‘(4) FORWARD
CONTRACT.—The term ‘forward contract’
means—
‘‘(A) an agreement for the purchase of cattle, executed
in advance of slaughter, under which the base price is
established by reference to—
‘‘(i) prices quoted on the Chicago Mercantile
Exchange; or
‘‘(ii) other comparable publicly available prices; or
‘‘(B) such other forward contract as the Secretary deter-
mines to be applicable.
‘‘(5) PACKER.—The term ‘packer’ means any person engaged
in the business of buying cattle in commerce for purposes
of slaughter, of manufacturing or preparing meats or meat
food products from cattle for sale or shipment in commerce,
or of marketing meats or meat food products from cattle in
an unmanufactured form acting as a wholesale broker, dealer,
or distributor in commerce, except that—
‘‘(A) the term includes only a cattle processing plant
that is federally inspected;
‘‘(B) for any calendar year, the term includes only
a cattle processing plant that slaughtered an average of
at least 125,000 head of cattle per year during the imme-
diately preceding 5 calendar years; and
‘‘(C) in the case of a cattle processing plant that did
not slaughter cattle during the immediately preceding 5
calendar years, the Secretary shall consider the plant
capacity of the processing plant in determining whether
the processing plant should be considered a packer under
this chapter.
‘‘(6) PACKER-OWNED
CATTLE.—The term ‘packer-owned
cattle’ means cattle that a packer owns for at least 14 days
immediately before slaughter.
‘‘(7) TERMS OF TRADE.—The term ‘terms of trade’ includes,
with respect to the purchase of cattle for slaughter—
‘‘(A) whether a packer provided any financing agree-
ment or arrangement with regard to the cattle;
‘‘(B) whether the delivery terms specified the location
of the producer or the location of the packer’s plant;
‘‘(C) whether the producer is able to unilaterally specify
the date and time during the business day of the packer
that the cattle are to be delivered for slaughter; and
‘‘(D) the percentage of cattle purchased by a packer
as a negotiated purchase that are delivered to the plant
H. R. 1906—57
for slaughter more than 7 days, but fewer than 14 days,
after the earlier of—
‘‘(i) the date on which the cattle were committed
to the packer; or
‘‘(ii) the date on which the cattle were purchased
by the packer.
‘‘(8) TYPE OF PURCHASE.—The term ‘type of purchase’, with
respect to cattle, means—
‘‘(A) a negotiated purchase;
‘‘(B) a formula market arrangement; and
‘‘(C) a forward contract.
‘‘SEC. 222. MANDATORY REPORTING FOR LIVE CATTLE.
‘‘(a) ESTABLISHMENT.—The Secretary shall establish a program
of live cattle price information reporting that will—
‘‘(1) provide timely, accurate, and reliable market informa-
tion;
‘‘(2) facilitate more informed marketing decisions; and
‘‘(3) promote competition in the cattle slaughtering
industry.
‘‘(b) GENERAL REPORTING PROVISIONS APPLICABLE TO PACKERS
AND THE SECRETARY.—
‘‘(1) IN GENERAL.—Whenever the prices or quantities of
cattle are required to be reported or published under this
section, the prices or quantities shall be categorized so as
to clearly delineate—
‘‘(A) the prices or quantities, as applicable, of the cattle
purchased in the domestic market; and
‘‘(B) the prices or quantities, as applicable, of imported
cattle.
‘‘(2) PACKER-OWNED CATTLE.—Information required under
this section for packer-owned cattle shall include quantity and
carcass characteristics, but not price.
‘‘(c) DAILY REPORTING.—
‘‘(1) IN GENERAL.—The corporate officers or officially des-
ignated representatives of each packer processing plant shall
report to the Secretary at least twice each reporting day
(including once not later than 10:00 a.m. Central Time and
once not later than 2:00 p.m. Central Time) the following
information for each cattle type:
‘‘(A) The prices for cattle (per hundredweight) estab-
lished on that day, categorized by—
‘‘(i) type of purchase;
‘‘(ii) the quantity of cattle purchased on a live
weight basis;
‘‘(iii) the quantity of cattle purchased on a dressed
weight basis;
‘‘(iv) a range of the estimated live weights of the
cattle purchased;
‘‘(v) an estimate of the percentage of the cattle
purchased that were of a quality grade of choice or
better; and
‘‘(vi) any premiums or discounts associated with—
‘‘(I) weight, grade, or yield; or
‘‘(II) any type of purchase.
‘‘(B) The quantity of cattle delivered to the packer
(quoted in numbers of head) on that day, categorized by—
H. R. 1906—59
(2) on the first reporting day of the current slaughter week,
not later than 10:00 a.m. Central Time.
‘‘(e) REGIONAL REPORTING OF CATTLE TYPES.—
‘‘(1) IN GENERAL.—The Secretary shall determine whether
adequate data can be obtained on a regional basis for fed
Holsteins and other fed dairy steers and heifers, cows, and
bulls based on the number of packers required to report under
this section.
‘‘(2) REPORT.—Not later than 2 years after the date of
the enactment of this subtitle, the Secretary 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 on the determination of the Secretary
under paragraph (1).
‘‘SEC. 223. MANDATORY PACKER REPORTING OF BOXED BEEF SALES.
‘‘(a) DAILY REPORTING.—The corporate officers or officially des-
ignated representatives of each packer processing plant shall report
to the Secretary at least twice each reporting day (not less than
once before, and once after, 12:00 noon Central Time) information
on total boxed beef sales, including—
‘‘(1) the price for each lot of each negotiated boxed beef
sale (determined by seller-buyer interaction and agreement),
quoted in dollars per hundredweight (on a F.O.B. plant basis);
‘‘(2) the quantity for each lot of each sale, quoted by number
of boxes sold; and
‘‘(3) information regarding the characteristics of each lot
of each sale, including—
‘‘(A) the grade of beef (USDA Choice or better, USDA
Select, or ungraded no-roll product);
‘‘(B) the cut of beef; and
‘‘(C) the trim specification.
‘‘(b) PUBLICATION.—The Secretary shall make available to the
public the information required to be reported under subsection
(a) not less frequently than twice each reporting day.
‘‘CHAPTER 3—SWINE REPORTING
‘‘SEC. 231. DEFINITIONS.
‘‘In this chapter:
‘‘(1) AFFILIATE.—The term ‘affiliate’, with respect to a
packer, means—
‘‘(A) a person that directly or indirectly owns, controls,
or holds with power to vote, 5 percent or more of the
outstanding voting securities of the packer;
‘‘(B) a person 5 percent or more of whose outstanding
voting securities are directly or indirectly owned, controlled,
or held with power to vote, by the packer; and
‘‘(C) a person that directly or indirectly controls, or
is controlled by or under common control with, the packer.
‘‘(2) APPLICABLE REPORTING PERIOD.—The term ‘applicable
reporting period’ means the period of time prescribed by the
prior day report, the morning report, and the afternoon report,
as required under section 232(c).
‘‘(3) BARROW.—The term ‘barrow’ means a neutered male
swine.
H. R. 1906—60
‘‘(4) BASE MARKET HOG.—The term ‘base market hog’ means
a hog for which no discounts are subtracted from and no pre-
miums are added to the base price.
‘‘(5) BRED FEMALE SWINE.—The term ‘bred female swine’
means any female swine, whether a sow or gilt, that has
been mated or inseminated and is assumed, or has been con-
firmed, to be pregnant.
‘‘(6) FORMULA PRICE.—The term ‘formula price’ means a
price determined by a mathematical formula under which the
price established for a specified market serves as the basis
for the formula.
‘‘(7) GILT.—The term ‘gilt’ means a young female swine
that has not produced a litter.
‘‘(8) HOG
CLASS.—The term ‘hog class’ means, as
applicable—
‘‘(A) barrows or gilts;
‘‘(B) sows; or
‘‘(C) boars or stags.
‘‘(9) NONCARCASS MERIT PREMIUM.—The term ‘noncarcass
merit premium’ means an increase in the base price of the
swine offered by an individual packer or packing plant, based
on any factor other than the characteristics of the carcass,
if the actual amount of the premium is known before the
sale and delivery of the swine.
‘‘(10) OTHER MARKET FORMULA PURCHASE.—
‘‘(A) IN
GENERAL.—The term ‘other market formula
purchase’ means a purchase of swine by a packer in which
the pricing mechanism is a formula price based on any
market other than the market for swine, pork, or a pork
product.
‘‘(B) INCLUSION.—The term ‘other market formula pur-
chase’ includes a formula purchase in a case in which
the price formula is based on one or more futures or options
contracts.
‘‘(11) OTHER
PURCHASE
ARRANGEMENT.—The term ‘other
purchase arrangement’ means a purchase of swine by a packer
that—
‘‘(A) is not a negotiated purchase, swine or pork market
formula purchase, or other market formula purchase; and
‘‘(B) does not involve packer-owned swine.
‘‘(12) PACKER.—The term ‘packer’ means any person
engaged in the business of buying swine in commerce for pur-
poses of slaughter, of manufacturing or preparing meats or
meat food products from swine for sale or shipment in com-
merce, or of marketing meats or meat food products from swine
in an unmanufactured form acting as a wholesale broker,
dealer, or distributor in commerce, except that—
‘‘(A) the term includes only a swine processing plant
that is federally inspected;
‘‘(B) for any calendar year, the term includes only
a swine processing plant that slaughtered an average of
at least 100,000 swine per year during the immediately
preceding 5 calendar years; and
‘‘(C) in the case of a swine processing plant that did
not slaughter swine during the immediately preceding 5
calendar years, the Secretary shall consider the plant
capacity of the processing plant in determining whether
H. R. 1906—61
the processing plant should be considered a packer under
this chapter.
‘‘(13) PACKER-OWNED
SWINE.—The term ‘packer-owned
swine’ means swine that a packer (including a subsidiary or
affiliate of the packer) owns for at least 14 days immediately
before slaughter.
‘‘(14) PACKER-SOLD SWINE.—The term ‘packer-sold swine’
means the swine that are—
‘‘(A) owned by a packer (including a subsidiary or affil-
iate of the packer) for more than 14 days immediately
before sale for slaughter; and
‘‘(B) sold for slaughter to another packer.
‘‘(15) PORK.—The term ‘pork’ means the meat of a porcine
animal.
‘‘(16) PORK PRODUCT.—The term ‘pork product’ means a
product or byproduct produced or processed in whole or in
part from pork.
‘‘(17) PURCHASE DATA.—The term ‘purchase data’ means
all of the applicable data, including weight (if purchased live),
for all swine purchased during the applicable reporting period,
regardless of the expected delivery date of the swine, reported
by—
‘‘(A) hog class;
‘‘(B) type of purchase; and
‘‘(C) packer-owned swine.
‘‘(18) SLAUGHTER DATA.—The term ‘slaughter data’ means
all of the applicable data for all swine slaughtered by a packer
during the applicable reporting period, regardless of when the
price of the swine was negotiated or otherwise determined,
reported by—
‘‘(A) hog class;
‘‘(B) type of purchase; and
‘‘(C) packer-owned swine.
‘‘(19) SOW.—The term ‘sow’ means an adult female swine
that has produced one or more litters.
‘‘(20) SWINE.—The term ‘swine’ means a porcine animal
raised to be a feeder pig, raised for seedstock, or raised for
slaughter.
‘‘(21) SWINE OR PORK MARKET FORMULA PURCHASE.—The
term ‘swine or pork market formula purchase’ means a pur-
chase of swine by a packer in which the pricing mechanism
is a formula price based on a market for swine, pork, or a
pork product, other than a future or option for swine, pork,
or a pork product.
‘‘(22) TYPE
OF
PURCHASE.—The term ‘type of purchase’,
with respect to swine, means—
‘‘(A) a negotiated purchase;
‘‘(B) other market formula purchase;
‘‘(C) a swine or pork market formula purchase; and
‘‘(D) other purchase arrangement.
‘‘SEC. 232. MANDATORY REPORTING FOR SWINE.
‘‘(a) ESTABLISHMENT.—The Secretary shall establish a program
of swine price information reporting that will—
‘‘(1) provide timely, accurate, and reliable market informa-
tion;
‘‘(2) facilitate more informed marketing decisions; and
H. R. 1906—62
‘‘(3) promote competition in the swine slaughtering
industry.
‘‘(b) GENERAL REPORTING PROVISIONS APPLICABLE TO PACKERS
AND THE SECRETARY.—
‘‘(1) IN GENERAL.—The Secretary shall establish and imple-
ment a price reporting program in accordance with this section
that includes the reporting and publication of information
required under this section.
‘‘(2) PACKER-OWNED
SWINE.—Information required under
this section for packer-owned swine shall include quantity and
carcass characteristics, but not price.
‘‘(3) PACKER-SOLD
SWINE.—If information regarding the
type of purchase is required under this section, the information
shall be reported according to the numbers and percentages
of each type of purchase comprising—
‘‘(A) packer-sold swine; and
‘‘(B) all other swine.
‘‘(4) ADDITIONAL INFORMATION.—
‘‘(A) REVIEW.—The Secretary shall review the informa-
tion required to be reported by packers under this section
at least once every 2 years.
‘‘(B) OUTDATED INFORMATION.—After public notice and
an opportunity for comment, subject to subparagraph (C),
the Secretary shall promulgate regulations that specify
additional information that shall be reported under this
section if the Secretary determines under the review under
subparagraph (A) that—
‘‘(i) information that is currently required no longer
accurately reflects the methods by which swine are
valued and priced by packers; or
‘‘(ii) packers that slaughter a significant majority
of the swine produced in the United States no longer
use backfat or lean percentage factors as indicators
of price.
‘‘(C) 
LIMITATION.—Under 
subparagraph 
(B), 
the
Secretary may not require packers to provide any new
or additional information that—
‘‘(i) is not generally available or maintained by
packers; or
‘‘(ii) would be otherwise unduly burdensome to
provide.
‘‘(c) DAILY REPORTING.—
‘‘(1) PRIOR DAY REPORT.—
‘‘(A) IN GENERAL.—The corporate officers or officially
designated representatives of each packer processing plant
shall report to the Secretary, for each business day of
the packer, such information as the Secretary determines
necessary and appropriate to—
‘‘(i) comply with the publication requirements of
this section; and
‘‘(ii) provide for the timely access to the information
by producers, packers, and other market participants.
‘‘(B) REPORTING DEADLINE AND PLANTS REQUIRED TO
REPORT.—Not later than 7:00 a.m. Central Time on each
H. R. 1906—63
reporting day, a packer required to report under subpara-
graph (A) shall report information regarding all swine pur-
chased, priced, or slaughtered during the prior business
day of the packer.
‘‘(C) INFORMATION
REQUIRED.—The information from
the prior business day of a packer required under this
paragraph shall include—
‘‘(i) all purchase data, including—
‘‘(I) the total number of—
‘‘(aa) swine purchased; and
‘‘(bb) swine scheduled for delivery; and
‘‘(II) the base price and purchase data for
slaughtered swine for which a price has been
established;
‘‘(ii) all slaughter data for the total number of
swine slaughtered, including—
‘‘(I) information concerning the net price,
which shall be equal to the total amount paid
by a packer to a producer (including all premiums,
less all discounts) per hundred pounds of carcass
weight of swine delivered at the plant—
‘‘(aa) including any sum deducted from
the price per hundredweight paid to a pro-
ducer that reflects the repayment of a balance
owed by the producer to the packer or the
accumulation of a balance to later be repaid
by the packer to the producer; and
‘‘(bb) excluding any sum earlier paid to
a producer that must later be repaid to the
packer;
‘‘(II) information concerning the average net
price, which shall be equal to the quotient (stated
per hundred pounds of carcass weight of swine)
obtained by dividing—
‘‘(aa) the total amount paid for the swine
slaughtered at a packing plant during the
applicable reporting period, including all pre-
miums and discounts, and including any sum
deducted from the price per hundredweight
paid to a producer that reflects the repayment
of a balance owed by the producer to the
packer, or the accumulation of a balance to
later be repaid by the packer to the producer,
less all discounts; by
‘‘(bb) the total carcass weight (in hundred
pound increments) of the swine;
‘‘(III) information concerning the lowest net
price, which shall be equal to the lowest net price
paid for a single lot or a group of swine slaughtered
at a packing plant during the applicable reporting
period per hundred pounds of carcass weight of
swine;
‘‘(IV) information concerning the highest net
price, which shall be equal to the highest net price
paid for a single lot or group of swine slaughtered
at a packing plant during the applicable reporting
H. R. 1906—66
‘‘(B) the amount (in dollars per hundred pounds of
carcass weight) paid to producers by the packer, by cat-
egory.
‘‘(2) PREMIUM LIST.—A packer shall maintain and make
available to a producer, on request, a current listing of the
dollar values (per hundred pounds of carcass weight) of each
noncarcass merit premium used by the packer during the cur-
rent or the prior slaughter week.
‘‘(3) AVAILABILITY.—A packer shall not be required to pay
a listed noncarcass merit premium to a producer that meets
the requirements for the premium if the need for swine in
a given category is filled at a particular point in time.
‘‘(4) 
PUBLICATION.—The 
Secretary 
shall 
publish 
the
information obtained under this subsection as soon as prac-
ticable, but not later than 5:00 p.m. Central Time, on the
first reporting day of each week.
‘‘CHAPTER 4—LAMB REPORTING
‘‘SEC. 241. MANDATORY REPORTING FOR LAMBS.
‘‘(a) ESTABLISHMENT.—The Secretary may establish a program
of mandatory lamb price information reporting that will—
‘‘(1) provide timely, accurate, and reliable market informa-
tion;
‘‘(2) facilitate more informed marketing decisions; and
‘‘(3) promote competition in the lamb slaughtering industry.
‘‘(b) NOTICE
AND COMMENT.—If the Secretary establishes a
mandatory price reporting program under subsection (a), the Sec-
retary shall provide an opportunity for comment on proposed regula-
tions to establish the program during the 30-day period beginning
on the date of the publication of the proposed regulations.
‘‘CHAPTER 5—ADMINISTRATION
‘‘SEC. 251. GENERAL PROVISIONS.
‘‘(a) CONFIDENTIALITY.—The Secretary shall make available to
the public information, statistics, and documents obtained from,
or submitted by, packers, retail entities, and other persons under
this subtitle in a manner that ensures that confidentiality is pre-
served regarding—
‘‘(1) the identity of persons, including parties to a contract;
and
‘‘(2) proprietary business information.
‘‘(b) DISCLOSURE BY FEDERAL GOVERNMENT EMPLOYEES.—
‘‘(1) IN
GENERAL.—Subject to paragraph (2), no officer,
employee, or agent of the United States shall, without the
consent of the packer or other person concerned, divulge or
make known in any manner, any facts or information regarding
the business of the packer or other person that was acquired
through reporting required under this subtitle.
‘‘(2) EXCEPTIONS.—Information obtained by the Secretary
under this subtitle may be disclosed—
‘‘(A) to agents or employees of the Department of Agri-
culture in the course of their official duties under this
subtitle;
‘‘(B) as directed by the Secretary or the Attorney
General, for enforcement purposes; or
H. R. 1906—67
‘‘(C) by a court of competent jurisdiction.
‘‘(3) DISCLOSURE UNDER FREEDOM OF INFORMATION ACT.—
Notwithstanding any other provision of law, no facts or informa-
tion obtained under this subtitle shall be disclosed in accordance
with section 552 of title 5, United States Code.
‘‘(c) REPORTING BY PACKERS.—A packer shall report all informa-
tion required under this subtitle on an individual lot basis.
‘‘(d) REGIONAL REPORTING AND AGGREGATION.—The Secretary
shall make information obtained under this subtitle available to
the public only in a manner that—
‘‘(1) ensures that the information is published on a national
and a regional or statewide basis as the Secretary determines
to be appropriate;
‘‘(2) ensures that the identity of a reporting person is
not disclosed; and
‘‘(3) conforms to aggregation guidelines established by the
Secretary.
‘‘(e) ADJUSTMENTS.—Prior to the publication of any information
required under this subtitle, the Secretary may make reasonable
adjustments in information reported by packers to reflect price
aberrations or other unusual or unique occurrences that the Sec-
retary determines would distort the published information to the
detriment of producers, packers, or other market participants.
‘‘(f ) VERIFICATION.—The Secretary shall take such actions as
the Secretary considers necessary to verify the accuracy of the
information submitted or reported under chapter 2, 3, or 4.
‘‘(g) ELECTRONIC REPORTING AND PUBLISHING.—The Secretary
shall, to the maximum extent practicable, provide for the reporting
and publishing of the information required under this subtitle by
electronic means.
‘‘(h) REPORTING OF ACTIVITIES ON WEEKENDS AND HOLIDAYS.—
‘‘(1) IN GENERAL.—Livestock committed to a packer, or pur-
chased, sold, or slaughtered by a packer, on a weekend day
or holiday shall be reported by the packer to the Secretary
(to the extent required under this subtitle), and reported by
the Secretary, on the immediately following reporting day.
‘‘(2) LIMITATION ON REPORTING BY PACKERS.—A packer shall
not be required to report actions under paragraph (1) more
than once on the immediately following reporting day.
‘‘(i) EFFECT ON OTHER LAWS.—Nothing in this subtitle, the
Livestock Mandatory Reporting Act of 1999, or amendments made
by that Act restricts or modifies the authority of the Secretary
to—
‘‘(1) administer or enforce the Packers and Stockyards Act,
1921 (7 U.S.C. 181 et seq.);
‘‘(2) administer, enforce, or collect voluntary reports under
this title or any other law; or
‘‘(3) access documentary evidence as provided under sec-
tions 9 and 10 of the Federal Trade Commission Act (15 U.S.C.
49, 50).
‘‘SEC. 252. UNLAWFUL ACTS.
‘‘It shall be unlawful and a violation of this subtitle for any
packer or other person subject to this subtitle (in the submission
of information required under chapter 2, 3, or 4, as determined
by the Secretary) to willfully—
H. R. 1906—68
‘‘(1) fail or refuse to provide, or delay the timely reporting
of, accurate information to the Secretary (including estimated
information);
‘‘(2) solicit or request that a packer, the buyer or seller
of livestock or livestock products, or any other person fail
to provide, as a condition of any transaction, accurate or timely
information required under this subtitle;
‘‘(3) fail or refuse to comply with this subtitle; or
‘‘(4) report estimated information in any report required
under this subtitle in a manner that demonstrates a pattern
of significant variance in accuracy when compared to the actual
information that is reported for the same reporting period,
or as determined by any audit, oversight, or other verification
procedures of the Secretary.
‘‘SEC. 253. ENFORCEMENT.
‘‘(a) CIVIL PENALTY.—
‘‘(1) IN GENERAL.—Any packer or other person that violates
this subtitle may be assessed a civil penalty by the Secretary
of not more than $10,000 for each violation.
‘‘(2) CONTINUING
VIOLATION.—Each day during which a
violation continues shall be considered to be a separate viola-
tion.
‘‘(3) FACTORS.—In determining the amount of a civil penalty
to be assessed under paragraph (1), the Secretary shall consider
the gravity of the offense, the size of the business involved,
and the effect of the penalty on the ability of the person
that has committed the violation to continue in business.
‘‘(4) MULTIPLE
VIOLATIONS.—In determining whether to
assess a civil penalty under paragraph (1), the Secretary shall
consider whether a packer or other person subject to this sub-
title has engaged in a pattern of errors, delays, or omissions
in violation of this subtitle.
‘‘(b) CEASE AND DESIST.—In addition to, or in lieu of, a civil
penalty under subsection (a), the Secretary may issue an order
to cease and desist from continuing any violation.
‘‘(c) NOTICE AND HEARING.—No penalty shall be assessed, or
cease and desist order issued, by the Secretary under this section
unless the person against which the penalty is assessed or to
which the order is issued is given notice and opportunity for a
hearing before the Secretary with respect to the violation.
‘‘(d) FINALITY AND JUDICIAL REVIEW.—
‘‘(1) IN GENERAL.—The order of the Secretary assessing
a civil penalty or issuing a cease and desist order under this
section shall be final and conclusive unless the affected person
files an appeal of the order of the Secretary in United States
district court not later than 30 days after the date of the
issuance of the order.
‘‘(2) STANDARD
OF
REVIEW.—A finding of the Secretary
under this section shall be set aside only if the finding is
found to be unsupported by substantial evidence.
‘‘(e) ENFORCEMENT.—
‘‘(1) IN GENERAL.—If, after the lapse of the period allowed
for appeal or after the affirmance of a penalty assessed under
this section, the person against which the civil penalty is
assessed fails to pay the penalty, the Secretary may refer
H. R. 1906—69
the matter to the Attorney General who may recover the pen-
alty by an action in United States district court.
‘‘(2) FINALITY.—In the action, the final order of the Sec-
retary shall not be subject to review.
‘‘(f ) INJUNCTION OR RESTRAINING ORDER.—
‘‘(1) IN GENERAL.—If the Secretary has reason to believe
that any person subject to this subtitle has failed or refused
to provide the Secretary information required to be reported
pursuant to this subtitle, and that it would be in the public
interest to enjoin the person from further failure to comply
with the reporting requirements, the Secretary may notify the
Attorney General of the failure.
‘‘(2) ATTORNEY GENERAL.—The Attorney General may apply
to the appropriate district court of the United States for a
temporary or permanent injunction or restraining order.
‘‘(3) COURT.—When needed to carry out this subtitle, the
court shall, on a proper showing, issue a temporary injunction
or restraining order without bond.
‘‘(g) FAILURE TO OBEY ORDERS.—
‘‘(1) IN GENERAL.—If a person subject to this subtitle fails
to obey a cease and desist or civil penalty order issued under
this subsection after the order has become final and
unappealable, or after the appropriate United States district
court has entered a final judgment in favor of the Secretary,
the United States may apply to the appropriate district court
for enforcement of the order.
‘‘(2) ENFORCEMENT.—If the court determines that the order
was lawfully made and duly served and that the person violated
the order, the court shall enforce the order.
‘‘(3) CIVIL PENALTY.—If the court finds that the person
violated the cease and desist provisions of the order, the person
shall be subject to a civil penalty of not more than $10,000
for each offense.
‘‘SEC. 254. FEES.
‘‘The Secretary shall not charge or assess a user fee, transaction
fee, service charge, assessment, reimbursement, or any other fee
for the submission or reporting of information, for the receipt or
availability of, or access to, published reports or information, or
for any other activity required under this subtitle.
‘‘SEC. 255. RECORDKEEPING.
‘‘(a) IN
GENERAL.—Subject to subsection (b), each packer
required to report information to the Secretary under this subtitle
shall maintain, and make available to the Secretary on request,
for 2 years—
‘‘(1) the original contracts, agreements, receipts and other
records associated with any transaction relating to the pur-
chase, 
sale, 
pricing, 
transportation, 
delivery, 
weighing,
slaughter, or carcass characteristics of all livestock; and
‘‘(2) such records or other information as is necessary or
appropriate to verify the accuracy of the information required
to be reported under this subtitle.
‘‘(b) LIMITATIONS.—Under subsection (a)(2), the Secretary may
not require a packer to provide new or additional information
if—
‘‘(1) the information is not generally available or main-
tained by packers; or