(3) The term ‘‘crisis period’’ means during the
period beginning on October 1, 1998, through De-
cember 31, 1998.
(4) The term ‘‘packer’’ has the meaning given
the term in section 201 of the Packers and Stock-
yards Act, 1921 (7 U.S.C. 191).
(5) The term ‘‘feeder pig’’ means young swine
that were sold, during the crisis period, to another
person for further feeding for a period of more than
one month.
(6) The term ‘‘swine operation’’ means any per-
son or group of persons who, as a single unit, raised
swine during the crisis period and whose production
and facilities are located in the United States.
(7) The term ‘‘Secretary’’ means the Secretary
of Agriculture.
SEC. 4. MARKET LOSS ASSISTANCE.
(a) PROVISION OF ASSISTANCE.—As provided in sec-
tion 7(b), the Secretary of Agriculture shall administer a
program to provide financial assistance to swine producers
to partially offset financial market losses they incurred on
swine they sold during the crisis period.
(b) ELIGIBILITY FOR PAYMENTS.—Except as pro-
vided in subsection (c), to be eligible for assistance under
this Act, a swine producer must have maintained a swine
operation during the crisis period and marketed swine for
slaughter or the equivalent thereof for feeder pigs during
the crisis period.
(c) CERTAIN PRODUCERS INELIGIBLE.—The follow-
ing swine producers are ineligible for assistance under this
Act:
(1) A swine producer that is a subsidiary of a
publicly owned packer.
(2) A swine producer that is wholly or substan-
tially owned by companies or corporations affiliated
with a publicly owned packer.
(3) A swine producer that is otherwise directly
or indirectly controlled by a publicly owned packer.
(d) APPLICATION PROCESS.—In administering this
Act, the Secretary shall limit the assistance to eligible
swine producers by an application procedure or otherwise,
as provided in this Act, and as further delineated in regu-
lations consistent with this Act. The swine producer shall
submit such information to the Secretary in support of
the application as the Secretary may require to enable the
Secretary to make an eligibility determination for assist-
ance under this Act.
SEC. 5. PAYMENT AMOUNTS AND PAYMENT LIMITATIONS.
(a) FAIR AND EQUITABLE DISTRIBUTION.—Assist-
ance made available under this Act shall be distributed
in a fair and equitable manner to swine producers, either
those for slaughter or the equivalent thereof for feeder
pigs and other swine, who have incurred losses in their
operations in all geographic regions of the United States.
(b) AMOUNT OF PAYMENTS.—
(1) PER SWINE.—The amount of assistance to
be paid to a eligible swine producer shall not exceed
$25.00 per slaughter-weight swine that was mar-
keted by the producer during the crisis period, ex-
cept that the payment for feeder pigs shall not ex-
ceed $9.00 per feeder pig marketed during the crisis
period, as provided by regulations issued by the Sec-
retary consistent with this Act.
(2) CALCULATION.—Subject to subsection (c),
payments made to swine operation producers under
this Act shall be calculated in an amount determined
by—
(A) multiplying the number of eligible
swine marketed and slaughtered during the cri-
sis period by $25.00;
(B) adding to the amount in subparagraph
(A) the sum of the number of eligible feeder
pigs, if any, marketed during the crisis period
multiplied by $9.00; and
(C) deducting payments received in the
program specified in section 6(b) by the pro-
ducer.
(c) PAYMENT LIMITATIONS.—Payments may not ex-
ceed $50,000 per swine operation for a swine producer.
SEC. 6. RELATIONSHIP TO OTHER PAYMENTS.
(a) ASSISTANCE
IN ADDITION
TO OTHER PAY-
MENTS.—Assistance provided under this Act is in addition
to—
(1) assistance made available under subtitles A,
B, and C of title XI of the Agriculture, Rural Devel-
opment, Food and Drug Administration, and Relat-
ed Agencies Appropriations Act, 1999 (as contained
in section 101(a) of division A of Public Law 105–
277; 7 U.S.C. 1421 note);
(2) payments or loans obtained by a person
under the Agricultural Market Transition Act (7
U.S.C. 7201 et seq.);
(3) payments received by a person for the 1998
crop year under the noninsured crop assistance pro-
gram established under section 196 of such Act (7
U.S.C. 7333);
(4) crop insurance indemnities provided for
1998 crops under the Federal Crop Insurance Act
(7 U.S.C. 1501 et seq.); and
(5) emergency loans made available for 1998
production under subtitle C of the Consolidated
Farm and Rural Development Act (7 U.S.C. 1961
et seq.).
(b) PAYMENTS UNDER SMALL HOG OPERATION
PROGRAM.—Assistance and payments made to swine pro-
ducers under the Small Hog Operation Program of the
Department of Agriculture, as announced January 8,
1999, using funds available under section 32 of the Act
of August 24, 1935 (7 U.S.C. 612c), shall be deducted
from payments made to swine producers under this Act.
SEC. 7. EMERGENCY REQUIREMENT; USE OF COMMODITY
CREDIT CORPORATION.
(a) DESIGNATION BY CONGRESS AS AN EMERGENCY
REQUIREMENT.—Notwithstanding the last sentence of
section 251(e) of the Balanced Budget and Emergency
Deficit Control Act of 1985, amounts made available by
this Act are designated by Congress as an emergency re-
quirement pursuant to section 251(e) of the Balanced
Budget Deficit Control Act of 1985.
(b) COMMODITY CREDIT CORPORATION.—The Sec-
retary shall use the funds, facilities, and authorities of the
Commodity Credit Corporation to carry out the provisions
of this Act (other than the amendments made by section
8).
SEC. 8. MANDATORY LIVESTOCK MARKET REPORTING.
(a) REPORTING REQUIRED.—The Agricultural Mar-
keting Act of 1946 is amended by inserting after section
203 (7 U.S.C. 1622) the following new section:
‘‘SEC. 203A. MANDATORY LIVESTOCK MARKET REPORTING.
‘‘(a) DEFINITIONS.—In this section:
‘‘(1) LIVESTOCK.—The term ‘livestock’ means
cattle, sheep, and swine, whether live or dead.
‘‘(2) LIVESTOCK
PRODUCT.—The term ‘live-
stock product’ means any product or byproduct pro-
duced or processed in whole or in part from live-
stock, including boxed beef, boxed lamb, and any
value-added product derived from pork.
‘‘(3) PACKER.—Subject to subsection (b)(1),
the term ‘packer’ means any person engaged in the
business of—
‘‘(A) buying livestock in commerce for pur-
poses of slaughter;
‘‘(B) manufacturing or preparing livestock
products for sale or shipment in commerce; or
‘‘(C) marketing livestock products in an
unmanufactured form acting as a wholesale
broker, dealer, or distributor in commerce.
‘‘(4) PRICES, VOLUME, AND TERMS OF SALE.—
The term ‘prices, volume, and terms of sale’ includes
base price, premium and discount price factors, for-