[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1672 Reported in Senate (RS)]





                                                       Calendar No. 296

106th CONGRESS

  1st Session

                                S. 1672

                          [Report No. 106-168]

_______________________________________________________________________

                                 A BILL

To amend the Agricultural Marketing Act of 1946 to establish a program 
 of mandatory market reporting for certain meat packers regarding the 
 prices, quantities, and terms of sale for the procurement of cattle, 
swine, lambs, and products of such livestock, to improve the collection 
  of information regarding the marketing of cattle, swine, lambs, and 
          products of such livestock, and for other purposes.

_______________________________________________________________________

                           September 30, 1999

                 Read twice and placed on the calendar





                                                       Calendar No. 296
106th CONGRESS
  1st Session
                                S. 1672

                          [Report No. 106-168]

To amend the Agricultural Marketing Act of 1946 to establish a program 
 of mandatory market reporting for certain meat packers regarding the 
 prices, quantities, and terms of sale for the procurement of cattle, 
swine, lambs, and products of such livestock, to improve the collection 
  of information regarding the marketing of cattle, swine, lambs, and 
          products of such livestock, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 30, 1999

Mr. Lugar, from the Committee on Agriculture, Nutrition, and Forestry, 
 reported the following original bill; which was read twice and placed 
                            on the calendar

_______________________________________________________________________

                                 A BILL


 
To amend the Agricultural Marketing Act of 1946 to establish a program 
 of mandatory market reporting for certain meat packers regarding the 
 prices, quantities, and terms of sale for the procurement of cattle, 
swine, lambs, and products of such livestock, to improve the collection 
  of information regarding the marketing of cattle, swine, lambs, and 
          products of such livestock, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) In General.--This Act may be cited as the ``Livestock Mandatory 
Reporting Act of 1999''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
                 TITLE I--LIVESTOCK MANDATORY REPORTING

Sec. 101. Livestock mandatory reporting.
              ``Subtitle B--Livestock Mandatory Reporting

                   ``Chapter 1--Purpose; Definitions

        ``Sec. 211. Purpose.
        ``Sec. 212. Definitions.
                     ``Chapter 2--Cattle Reporting

        ``Sec. 221. Definitions.
        ``Sec. 222. Mandatory reporting for live cattle.
        ``Sec. 223. Mandatory packer reporting of boxed beef sales.
                      ``Chapter 3--Swine Reporting

        ``Sec. 231. Definitions.
        ``Sec. 232. Mandatory reporting for swine.
                      ``Chapter 4--Lamb Reporting

        ``Sec. 241. Mandatory reporting for lambs.
                      ``Chapter 5--Administration

        ``Sec. 251. General provisions.
        ``Sec. 252. Unlawful acts.
        ``Sec. 253. Enforcement.
        ``Sec. 254. Fees.
        ``Sec. 255. Recordkeeping.
        ``Sec. 256. Voluntary reporting.
        ``Sec. 257. Publication of information on retail purchase 
                            prices for representative meat products.
        ``Sec. 258. Suspension authority regarding specific terms of 
                            price reporting requirements.
        ``Sec. 259. Federal preemption.
Sec. 102. Unjust disqualification.
Sec. 103. Conforming amendments.
              TITLE II--RELATED BEEF REPORTING PROVISIONS

Sec. 201. Beef export reporting.
Sec. 202. Export certificates for meat and meat food products.
Sec. 203. Imports of beef, beef variety meats, and cattle.
Sec. 204. Authorization of appropriations.
             TITLE III--RELATED SWINE REPORTING PROVISIONS

Sec. 301. Improvement of Hogs and Pigs Inventory Report.
Sec. 302. Barrow and gilt slaughter.
Sec. 303. Average trim loss correlation study and report.
Sec. 304. Swine packer marketing contracts.
Sec. 305. Authorization of appropriations.
                        TITLE IV--IMPLEMENTATION

Sec. 401. Regulations.
Sec. 402. Termination of authority.

                 TITLE I--LIVESTOCK MANDATORY REPORTING

SEC. 101. 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 
        purchase, 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 
        application 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.
            ``(4) F.O.B.--The term `F.O.B.' means free on board, 
        regardless of the mode of transportation, at the point of 
direct shipment 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 1 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 purchase' 
        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 Secretary 
        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.
            ``(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 `formula 
        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 
                determines 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 
                immediately 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 
                agreement 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 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 
        information;
            ``(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 
        designated 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) 
                established 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--
                            ``(i) type of purchase;
                            ``(ii) the quantity of cattle delivered on 
                        a live weight basis; and
                            ``(iii) the quantity of cattle delivered on 
                        a dressed weight basis.
                    ``(C) The quantity of cattle committed to the 
                packer (quoted in numbers of head) as of that day, 
                categorized by--
                            ``(i) type of purchase;
                            ``(ii) the quantity of cattle committed on 
                        a live weight basis; and
                            ``(iii) the quantity of cattle committed on 
                        a dressed weight basis.
                    ``(D) The terms of trade regarding the cattle, as 
                applicable.
            ``(2) Publication.--The Secretary shall make the 
        information available to the public not less frequently than 3 
        times each reporting day.
    ``(d) Weekly Reporting.--
            ``(1) In general.--The corporate officers or officially 
        designated representatives of each packer processing plant 
        shall report to the Secretary, on the first reporting day of 
        each week, not later than 9:00 a.m. Central Time, the following 
        information applicable to the prior slaughter week:
                    ``(A) The quantity of cattle purchased through a 
                forward contract that were slaughtered.
                    ``(B) The quantity of cattle delivered under a 
                formula marketing arrangement that were slaughtered.
                    ``(C) The quantity and carcass characteristics of 
                packer-owned cattle that were slaughtered.
                    ``(D) The quantity, basis level, and delivery month 
                for all cattle purchased through forward contracts that 
                were agreed to by the parties.
                    ``(E) The range and average of intended premiums 
                and discounts that are expected to be in effect for the 
                current slaughter week.
            ``(2) Formula purchases.--The corporate officers or 
        officially designated representatives of each packer processing 
        plant shall report to the Secretary, on the first reporting day 
        of each week, not later than 9:00 a.m. Central Time, the 
        following information for cattle purchased through a formula 
        marketing arrangement and slaughtered during the prior 
        slaughter week:
                    ``(A) The quantity (quoted in both numbers of head 
                and hundredweights) of cattle.
                    ``(B) The weighted average price paid for a 
                carcass, including applicable premiums and discounts.
                    ``(C) The range of premiums and discounts paid.
                    ``(D) The weighted average of premiums and 
                discounts paid.
                    ``(E) The range of prices paid.
                    ``(F) The aggregate weighted average price paid for 
                a carcass.
                    ``(G) The terms of trade regarding the cattle, as 
                applicable.
            ``(3) Publication.--The Secretary shall make available to 
        the public the information obtained under paragraphs (1) and 
        (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 
        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 
designated 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.
            ``(4) Base market hog.--The term `base market hog' means a 
        hog for which no discounts are subtracted from and no premiums 
        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 confirmed, 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 
                purchase' includes a formula purchase in a case in 
                which the price formula is based on 1 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 purposes of 
        slaughter, of manufacturing or preparing meats or meat food 
        products from swine for sale or shipment in commerce, 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 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 
                affiliate 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 1 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 purchase 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 
        information;
            ``(2) facilitate more informed marketing decisions; and
            ``(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 
        implement 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 
                information 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 
                reporting day, a packer required to report under 
                subparagraph (A) shall report information regarding all 
                swine purchased, 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 
                                        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; 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 premiums 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 period per 
                                hundred pounds of carcass weight of 
                                swine;
                                    ``(V) the average carcass weight, 
                                which shall be equal to the quotient 
                                obtained by dividing--
                                            ``(aa) the total carcass 
                                        weight of the swine slaughtered 
                                        at the packing plant during the 
                                        applicable reporting period; by
                                            ``(bb) the number of the 
                                        swine described in item (aa);
                                adjusted for special slaughter 
                                situations (such as skinning or foot 
                                removal), as the Secretary determines 
                                necessary to render comparable carcass 
                                weights;
                                    ``(VI) the average sort loss, which 
                                shall be equal to the average discount 
                                (in dollars per hundred pounds carcass 
                                weight) for swine slaughtered during 
                                the applicable reporting period, 
                                resulting from the fact that the swine 
                                did not fall within the individual 
                                packer's established carcass weight or 
                                lot variation range;
                                    ``(VII) the average backfat, which 
                                shall be equal to the average of the 
                                backfat thickness (in inches) measured 
                                between the third and fourth from the 
                                last ribs, 7 centimeters from the 
carcass split (or adjusted from the individual packer's measurement to 
that reference point using an adjustment made by the Secretary) of the 
swine slaughtered during the applicable reporting period;
                                    ``(VIII) the average lean 
                                percentage, which shall be equal to the 
                                average percentage of the carcass 
                                weight comprised of lean meat for the 
                                swine slaughtered during the applicable 
                                reporting period, except that when a 
                                packer is required to report the 
                                average lean percentage under this 
                                subclause, the packer shall make 
                                available to the Secretary the 
                                underlying data, applicable methodology 
                                and formulae, and supporting materials 
                                used to determine the average lean 
                                percentage, which the Secretary may 
                                convert to the carcass measurements or 
                                lean percentage of the swine of the 
                                individual packer to correlate to a 
                                common percent lean measurement; and
                                    ``(IX) the total slaughter 
                                quantity, which shall be equal to the 
                                total number of swine slaughtered 
                                during the applicable reporting period, 
                                including all types of purchases and 
                                packer-owned swine; and
                            ``(iii) packer purchase commitments, which 
                        shall be equal to the number of swine scheduled 
                        for delivery to a packer for slaughter for each 
                        of the next 14 calendar days.
                    ``(D) Publication.--The Secretary shall publish the 
                information obtained under this paragraph in a prior 
                day report not later than 8:00 a.m. Central Time on the 
                reporting day on which the information is received from 
                the packer.
            ``(2) Morning report.--
                    ``(A) In general.--The corporate officers or 
                officially designated representatives of each packer 
                processing plant shall report to the Secretary not 
                later than 10:00 a.m. Central Time each reporting day--
                            ``(i) the packer's best estimate of the 
                        total number of swine, and packer-owned swine, 
                        expected to be purchased throughout the 
                        reporting day through each type of purchase;
                            ``(ii) the total number of swine, and 
                        packer-owned swine, purchased up to that time 
                        of the reporting day through each type of 
                        purchase;
                            ``(iii) the base price paid for all base 
                        market hogs purchased up to that time of the 
                        reporting day through negotiated purchases; and
                            ``(iv) the base price paid for all base 
                        market hogs purchased through each type of 
                        purchase other than negotiated purchase up to 
                        that time of the reporting day, unless such 
                        information is unavailable due to pricing that 
                        is determined on a delayed basis.
                    ``(B) Publication.--The Secretary shall publish the 
                information obtained under this paragraph in the 
                morning report as soon as practicable, but not later 
                than 11:00 a.m. Central Time, on each reporting day.
            ``(3) Afternoon report.--
                    ``(A) In general.--The corporate officers or 
                officially designated representatives of each packer 
                processing plant shall report to the Secretary not 
                later than 2:00 p.m. Central Time each reporting day--
                            ``(i) the packer's best estimate of the 
                        total number of swine, and packer-owned swine, 
                        expected to be purchased throughout the 
                        reporting day through each type of purchase;
                            ``(ii) the total number of swine, and 
                        packer-owned swine, purchased up to that time 
                        of the reporting day through each type of 
                        purchase;
                            ``(iii) the base price paid for all base 
                        market hogs purchased up to that time of the 
                        reporting day through negotiated purchases; and
                            ``(iv) the base price paid for all base 
                        market hogs purchased up to that time of the 
                        reporting day through each type of purchase 
                        other than negotiated purchase, unless such 
                        information is unavailable due to pricing that 
                        is determined on a delayed basis.
                    ``(B) Publication.--The Secretary shall publish the 
                information obtained under this paragraph in the 
                afternoon report as soon as practicable, but not later 
                than 3:00 p.m. Central Time, on each reporting day.
    ``(d) Weekly Noncarcass Merit Premium Report.--
            ``(1) In general.--Not later than 4:00 p.m. Central Time on 
        the first reporting day of each week, the corporate officers or 
        officially designated representatives of each packer processing 
        plant shall report to the Secretary a noncarcass merit premium 
        report that lists--
                    ``(A) each category of standard noncarcass merit 
                premiums used by the packer in the prior slaughter 
                week; and
                    ``(B) the amount (in dollars per hundred pounds of 
                carcass weight) paid to producers by the packer, by 
                category.
            ``(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 current 
        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 
        practicable, 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 
        information;
            ``(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 Secretary shall 
provide an opportunity for comment on proposed regulations 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 preserved 
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 
                Agriculture in the course of their official duties 
                under this subtitle;
                    ``(B) as directed by the Secretary or the Attorney 
                General, for enforcement purposes; or
                    ``(C) by a court of competent jurisdiction.
            ``(3) Disclosure under freedom of information act.--
        Notwithstanding any other provision of law, no facts or 
        information 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 information 
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 Secretary 
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 
        purchased, 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 
        sections 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--
            ``(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 
        violation.
            ``(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 
        subtitle 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 the matter to the Attorney General who may recover the 
        penalty by an action in United States district court.
            ``(2) Finality.--In the action, the final order of the 
        Secretary 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 
        purchase, 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 
        maintained by packers; or
            ``(2) the provision of the information would be unduly 
        burdensome.
    ``(c) Purchases of Cattle or Swine.--A record of a purchase of a 
lot of cattle or a lot of swine by a packer shall evidence whether the 
purchase occurred--
            ``(1) before 10:00 a.m. Central Time;
            ``(2) between 10:00 a.m. and 2:00 p.m. Central Time; or
            ``(3) after 2:00 p.m. Central Time.

``SEC. 256. VOLUNTARY REPORTING.

    ``The Secretary shall encourage voluntary reporting by packers (as 
defined in section 201 of the Packers and Stockyards Act, 1921 (7 
U.S.C. 191)) to which the mandatory reporting requirements of this 
subtitle do not apply.

``SEC. 257. PUBLICATION OF INFORMATION ON RETAIL PURCHASE PRICES FOR 
              REPRESENTATIVE MEAT PRODUCTS.

    ``(a) In General.--Beginning not later than 90 days after the date 
of enactment of this subtitle, the Secretary shall compile and publish 
at least monthly (weekly, if practicable) information on retail prices 
for representative food products made from beef, pork, chicken, turkey, 
veal, or lamb.
    ``(b) Information.--The report published by the Secretary under 
subsection (a) shall include--
            ``(1) information on retail prices for each representative 
        food product described in subsection (a); and
            ``(2) information on total sales quantity (in pounds and 
        dollars) for each representative food product.
    ``(c) Meat Price Spreads Report.--During the period ending 2 years 
after the initial publication of the report required under subsection 
(a), the Secretary shall continue to publish the Meat Price Spreads 
Report in the same manner as the Report was published before the date 
of enactment of this subtitle.
    ``(d) Information Collection.--
            ``(1) In general.--To ensure the accuracy of the reports 
        required under subsection (a), the Secretary shall obtain the 
        information for the reports from 1 or more sources including--
                    ``(A) a consistently representative set of retail 
                transactions; and
                    ``(B) both prices and sales quantities for the 
                transactions.
            ``(2) Source of information.--The Secretary may--
                    ``(A) obtain the information from retailers or 
                commercial information sources; and
                    ``(B) use valid statistical sampling procedures, if 
                necessary.
            ``(3) Adjustments.--In providing information on retail 
        prices under this section, the Secretary may make adjustments 
        to take into account differences in--
                    ``(A) the geographic location of consumption;
                    ``(B) the location of the principal source of 
                supply;
                    ``(C) distribution costs; and
                    ``(D) such other factors as the Secretary 
                determines reflect a verifiable comparative retail 
                price for a representative food product.
    ``(e) Administration.--The Secretary--
            ``(1) shall collect information under this section only on 
        a voluntary basis; and
            ``(2) shall not impose a penalty on a person for failure to 
        provide the information or otherwise compel a person to provide 
        the information.

``SEC. 258. SUSPENSION AUTHORITY REGARDING SPECIFIC TERMS OF PRICE 
              REPORTING REQUIREMENTS.

    ``(a) In General.--The Secretary may suspend any requirement of 
this subtitle if the Secretary determines that application of the 
requirement is inconsistent with the purposes of this subtitle.
    ``(b) Suspension Procedure.--
            ``(1) Period.--A suspension under subsection (a) shall be 
        for a period of not more than 240 days.
            ``(2) Action by congress.--If an Act of Congress concerning 
        the requirement that is the subject of the suspension under 
        subsection (a) is not enacted by the end of the period of the 
        suspension established under paragraph (1), the Secretary shall 
        implement the requirement.

``SEC. 259. FEDERAL PREEMPTION.

    ``In order to achieve the goals, purposes, and objectives of this 
title on a nationwide basis and to avoid potentially conflicting State 
laws that could impede the goals, purposes, or objectives of this 
title, no State or political subdivision of a State may impose a 
requirement that is in addition to, or inconsistent with, any 
requirement of this subtitle with respect to the submission or 
reporting of information, or the publication of such information, on 
the prices and quantities of livestock or livestock products.''.

SEC. 102. UNJUST DISQUALIFICATION.

    Section 202(b) of the Packers and Stockyards Act, 1921 (7 U.S.C. 
192(b)), is amended by striking ``whatsoever'' each place it appears.

SEC. 103. CONFORMING AMENDMENTS.

    (a) Section 416 of the Packers and Stockyards Act, 1921 (7 U.S.C. 
229a), is repealed.
    (b) Section 1127 of the Agriculture, Rural Development, Food and 
Drug Administration, and Related Agencies Appropriations Act, 1999 (7 
U.S.C. 1421 note; Public Law 105-277), is amended--
            (1) by striking subsection (b) and inserting the following:
    ``(b) Export Market Reporting.--The Secretary shall--
            ``(1) implement a streamlined electronic system for 
        collecting export sales and shipments data, in the least 
        intrusive manner possible, for fresh or frozen muscle cuts of 
        meat food products; and
            ``(2) develop a data-reporting program to disseminate 
        summary information in a timely manner (in the case of beef, 
        consistent with the reporting under section 602(a) of the 
Agricultural Trade Act of 1978 (7 U.S.C. 5712(a))).''; and
            (2) in subsection (c), by striking ``this section of the 
        Act'' and inserting ``subsection (b)''.

              TITLE II--RELATED BEEF REPORTING PROVISIONS

SEC. 201. BEEF EXPORT REPORTING.

    Section 602(a)(1) of the Agricultural Trade Act of 1978 (7 U.S.C. 
5712(a)(1)) is amended by inserting 
``, beef,'' after ``cotton''.

SEC. 202. EXPORT CERTIFICATES FOR MEAT AND MEAT FOOD PRODUCTS.

    Not later than 1 year after the date of enactment of this Act, the 
Secretary of Agriculture shall fully implement a program, through the 
use of a streamlined electronic online system, to issue and report 
export certificates for all meat and meat products.

SEC. 203. IMPORTS OF BEEF, BEEF VARIETY MEATS, AND CATTLE.

    (a) In General.--The Secretary of Agriculture shall--
            (1) obtain information regarding the import of beef and 
        beef variety meats (consistent with the information categories 
        reported for beef exports under section 602(a) of the 
        Agricultural Trade Act of 1978 (7 U.S.C. 5712(a))) and cattle 
        using available information sources; and
            (2) publish the information in a timely manner weekly and 
        in a form that maximizes the utility of the information to beef 
        producers, packers, and other market participants.
    (b) Content.--The published information shall include information 
reporting the year-to-date cumulative annual imports of beef, beef 
variety meats, and cattle for the current and prior marketing years.

SEC. 204. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as are necessary 
to carry out sections 202 and 203.

             TITLE III--RELATED SWINE REPORTING PROVISIONS

SEC. 301. IMPROVEMENT OF HOGS AND PIGS INVENTORY REPORT.

    (a) In General.--Effective beginning not later than 90 days after 
the date of enactment of this Act, the Secretary of Agriculture shall 
publish on a monthly basis the Hogs and Pigs Inventory Report.
    (b) Gestating Sows.--The Secretary shall include in a separate 
category of the Report the number of bred female swine that are 
assumed, or have been confirmed, to be pregnant during the reporting 
period.
    (c) Phase-Out.--Effective for a period of 8 quarters after the 
implementation of the monthly report required under subsection (a), the 
Secretary shall continue to maintain and publish on a quarterly basis 
the Hogs and Pigs Inventory Report published on or before the date of 
enactment of this Act.

SEC. 302. BARROW AND GILT SLAUGHTER.

    (a) In General.--The Secretary of Agriculture shall promptly obtain 
and maintain, through an appropriate collection system or valid 
sampling system at packing plants, information on the total slaughter 
of swine that reflects differences in numbers between barrows and 
gilts, as determined by the Secretary.
    (b) Availability.--The information shall be made available to swine 
producers, packers, and other market participants in a report published 
by the Secretary not less frequently than weekly.
    (c) Administration.--
            (1) In general.--The Secretary shall administer the 
        collection and compilation of information, and the publication 
        of the report, required by this section.
            (2) Nondelegation.--The Secretary shall not delegate the 
        collection, compilation, or administration of the information 
        required by this section to any packer (as defined in section 
        201 of the Packers and Stockyards Act, 1921 (7 U.S.C. 191)).

SEC. 303. AVERAGE TRIM LOSS CORRELATION STUDY AND REPORT.

    (a) In General.--The Secretary of Agriculture shall contract with a 
qualified contractor to conduct a correlation study and prepare a 
report establishing a baseline and standards for determining and 
improving average trim loss measurements and processing techniques for 
pork processors to employ in the slaughter of swine.
    (b) Correlation Study and Report.--The study and report shall--
            (1) analyze processing techniques that would assist the 
        pork processing industry in improving procedures for uniformity 
        and transparency in how trim loss is discounted (in dollars per 
        hundred pounds carcass weight) by different packers and 
        processors;
            (2) analyze slaughter inspection procedures that could be 
        improved so that trimming procedures and policies of the 
        Secretary are uniform to the maximum extent determined 
        practicable by the Secretary;
            (3) determine how the Secretary may be able to foster 
        improved breeding techniques and animal handling and 
        transportation procedures through training programs made 
        available to swine producers so as to minimize trim loss in 
        slaughter processing; and
            (4) make recommendations that are designed to effect 
        changes in the pork industry so as to achieve continuous 
        improvement in average trim losses and discounts.
    (c) Subsequent Reports on Status of Improvements and Updates in 
Baseline.--Not less frequently than once every 2 years after the 
initial publication of the report required under this section, the 
Secretary shall make subsequent periodic reports that--
            (1) examine the status of the improvement in reducing trim 
        loss discounts in the pork processing industry; and
            (2) update the baseline to reflect changes in trim loss 
        discounts.
    (d) Submission of Reports to Congress, Producers, Packers, and 
Others.--The reports required under this section shall be made 
available to--
            (1) the public on the Internet;
            (2) the Committee on Agriculture of the House of 
        Representatives;
            (3) the Committee on Agriculture, Nutrition, and Forestry 
        of the Senate;
            (4) producers and packers; and
            (5) other market participants.

SEC. 304. SWINE PACKER MARKETING CONTRACTS.

    Title II of the Packers and Stockyards Act, 1921 (7 U.S.C. 191 et 
seq.) is amended--
            (1) by inserting before section 201 (7 U.S.C. 191) the 
        following:

                  ``Subtitle A--General Provisions'';

        and
            (2) by adding at the end the following:

             ``Subtitle B--Swine Packer Marketing Contracts

``SEC. 221. DEFINITIONS.

    ``Except as provided in section 223(a), in this subtitle:
            ``(1) Market.--The term `market' means the sale or 
        disposition of swine, pork, or pork products in commerce.
            ``(2) Packer.--The term `packer' has the meaning given the 
        term in section 231 of the Agricultural Marketing Act of 1946.
            ``(3) Pork.--The term `pork' means the meat of a porcine 
        animal.
            ``(4) Pork product.--The term `pork product' means a 
        product or byproduct produced or processed in whole or in part 
        from pork.
            ``(5) State.--The term `State' means each of the 50 States.
            ``(6) Swine.--The term `swine' means a porcine animal 
        raised to be a feeder pig, raised for seedstock, or raised for 
        slaughter.
            ``(7) Type of contract.--The term `type of contract' means 
        the classification of contracts or risk management agreements 
        for the purchase of swine by--
                    ``(A) the mechanism used to determine the base 
                price for swine committed to a packer, grouped into 
                practicable classifications by the Secretary (including 
                swine or pork market formula purchases, other market 
                formula purchases, and other purchase arrangements); 
                and
                    ``(B) the presence or absence of an accrual account 
                or ledger that must be repaid by the producer or packer 
                that receives the benefit of the contract pricing 
                mechanism in relation to negotiated prices.
            ``(8) Other terms.--Except as provided in this subtitle, a 
        term has the meaning given the term in section 212 or 231 of 
        the Agricultural Marketing Act of 1946.

``SEC. 222. SWINE PACKER MARKETING CONTRACTS OFFERED TO PRODUCERS.

    ``(a) In General.--Subject to the availability of appropriations to 
carry out this section, the Secretary shall establish and maintain a 
library or catalog of each type of contract offered by packers to swine 
producers for the purchase of all or part of the producers' production 
of swine (including swine that are purchased or committed for 
delivery), including all available noncarcass merit premiums.
    ``(b) Availability.--The Secretary shall make available to swine 
producers and other interested persons information on the types of 
contracts described in subsection (a), including notice (on a real-time 
basis if practicable) of the types of contracts that are being offered 
by each individual packer to, and are open to acceptance by, producers 
for the purchase of swine.
    ``(c) Confidentiality.--The reporting requirements under 
subsections (a) and (b) shall be subject to the confidentiality 
protections provided under section 251 of the Agricultural Marketing 
Act of 1946.
    ``(d) Information Collection.--
            ``(1) In general.--The Secretary shall--
                    ``(A) obtain (by a filing or other procedure 
                required of each individual packer) information 
                indicating what types of contracts for the purchase of 
                swine are available from each packer; and
                    ``(B) make the information available in a monthly 
                report to swine producers and other interested persons.
            ``(2) Contracted swine numbers.--Each packer shall provide, 
        and the Secretary shall collect and publish in the monthly 
        report required under paragraph (1)(B), information 
        specifying--
                    ``(A) the types of existing contracts for each 
                packer;
                    ``(B) the provisions contained in each contract 
                that provide for expansion in the numbers of swine to 
                be delivered under the contract for the following 6-
                month and 12-month periods;
                    ``(C) an estimate of the total number of swine 
                committed by contract for delivery to all packers 
                within the 6-month and 12-month periods following the 
                date of the report, reported by reporting region and by 
                type of contract; and
                    ``(D) an estimate of the maximum total number of 
                swine that potentially could be delivered within the 6-
                month and 12-month periods following the date of the 
                report under the provisions described in subparagraph 
                (B) that are included in existing contracts, reported 
by reporting region and by type of contract.
    ``(e) Violations.--It shall be unlawful and a violation of this 
title for any packer to willfully fail or refuse to provide to the 
Secretary accurate information required under, or to willfully fail or 
refuse to comply with any requirement of, this section.
    ``(f) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as necessary to carry out this section.

``SEC. 223. REPORT ON THE SECRETARY'S JURISDICTION, POWER, DUTIES, AND 
              AUTHORITIES.

    ``(a) Definition of Packer.--In this section, the term `packer' has 
the meaning given the term in section 201 of the Packers and Stockyards 
Act, 1921 (7 U.S.C. 191).
    ``(b) Report.--Not later than 90 days after the date of enactment 
of this subtitle, the Comptroller General of the United States shall 
provide to the Committee on Agriculture of the House of Representatives 
and the Committee on Agriculture, Nutrition, and Forestry of the Senate 
a report describing the jurisdiction, powers, duties, and authorities 
of the Secretary that relate to packers and other persons involved in 
procuring, slaughtering, or processing swine, pork, or pork products 
that are covered by this Act and other laws, including--
            ``(1) the Federal Trade Commission Act (15 U.S.C. 41 et 
        seq.), especially sections 6, 8, 9, and 10 of that Act (15 
        U.S.C. 46, 48, 49, 50); and
            ``(2) the Agricultural Marketing Act of 1946 (7 U.S.C. 1621 
        et seq.).
    ``(c) Contents.--The Comptroller General shall include in the 
report an analysis of--
            ``(1) burdens on and obstructions to commerce in swine, 
        pork, and pork products by packers, and other persons that 
        enter into arrangements with the packers, that are contrary to, 
        or do not protect, the public interest;
            ``(2) noncompetitive pricing arrangements between or among 
        packers, or other persons involved in the processing, 
        distribution, or sale of pork and pork products, including 
        arrangements provided for in contracts for the purchase of 
        swine;
            ``(3) the effective monitoring of contracts entered into 
        between packers and swine producers;
            ``(4) investigations that relate to, and affect, the 
        disclosure of--
                    ``(A) transactions involved in the business conduct 
                and practices of packers; and
                    ``(B) the pricing of swine paid to producers by 
                packers and the pricing of products in the pork and 
                pork product merchandising chain;
            ``(5) the adequacy of the authority of the Secretary to 
        prevent a packer from unjustly or arbitrarily refusing to offer 
        a producer, or disqualifying a producer from eligibility for, a 
        particular contract or type of contract for the purchase of 
        swine; and
            ``(6) the ability of the Secretary to cooperate with and 
        enhance the enforcement of actions initiated by other Federal 
        departments and agencies, or Federal independent agencies, to 
        protect trade and commerce in the pork and pork product 
        industries against unlawful restraints and monopolies.''.

SEC. 305. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as are necessary 
to carry out this title and the amendments made by this title.

                        TITLE IV--IMPLEMENTATION

SEC. 401. REGULATIONS.

    (a) In General.--Not later than 180 days after the date of 
enactment of this Act, the Secretary of Agriculture shall publish final 
regulations to implement this Act and the amendments made by this Act.
    (b) Publication of Proposed Regulations.--Not later than 90 days 
after the date of enactment of this Act, the Secretary shall publish 
proposed regulations to implement this Act and the amendments made by 
this Act.
    (c) Comment Period.--The Secretary shall provide an opportunity for 
comment on the proposed regulations during the 30-day period beginning 
on the date of the publication of the proposed regulations.
    (d) Final Regulations.--Not later than 60 days after the conclusion 
of the comment period, the Secretary shall publish the final 
regulations and implement this Act and the amendments made by this Act.

SEC. 402. TERMINATION OF AUTHORITY.

    The authority provided by this Act and the amendments made by this 
Act terminate 5 years after the date of enactment of this Act.