[Congressional Record Volume 161, Number 136 (Monday, September 21, 2015)]
[Senate]
[Pages S6852-S6855]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                 MANDATORY PRICE REPORTING ACT OF 2015

  Mr. LANKFORD. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 231, H.R. 2051.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The bill clerk read as follows:

       A bill (H.R. 2051) to amend the Agricultural Marketing Act 
     of 1946 to extend the livestock mandatory price reporting 
     requirements, and for other purposes. There being no 
     objection, the Senate proceeded to consider the bill, which 
     had been reported from

[[Page S6853]]

     the Committee on Agriculture, Nutrition, and Forestry, with 
     an amendment to strike all after the enacting clause and 
     insert in lieu thereof the following:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the 
     ``Agriculture Reauthorizations Act of 2015''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.

                   TITLE I--MANDATORY PRICE REPORTING

Sec. 101. Extension of livestock mandatory reporting.
Sec. 102. Swine reporting.
Sec. 103. Lamb reporting.
Sec. 104. Study on livestock mandatory reporting.

        TITLE II--NATIONAL FOREST FOUNDATION ACT REAUTHORIZATION

Sec. 201. National Forest Foundation Act reauthorization.

      TITLE III--UNITED STATES GRAIN STANDARDS ACT REAUTHORIZATION

Sec. 301. Reauthorization of United States Grain Standards Act.
Sec. 302. Report on disruption in Federal inspection of grain exports.
Sec. 303. Report on policy barriers to grain producers.

                   TITLE I--MANDATORY PRICE REPORTING

     SEC. 101. EXTENSION OF LIVESTOCK MANDATORY REPORTING.

       (a) Extension of Authority.--Section 260 of the 
     Agricultural Marketing Act of 1946 (7 U.S.C. 1636i) is 
     amended by striking ``September 30, 2015'' and inserting 
     ``September 30, 2020''.
       (b) Conforming Amendment.--Section 942 of the Livestock 
     Mandatory Reporting Act of 1999 (7 U.S.C. 1635 note; Public 
     Law 106-78) is amended by striking ``September 30, 2015'' and 
     inserting ``September 30, 2020''.

     SEC. 102. SWINE REPORTING.

       (a) Definitions.--Section 231 of the Agricultural Marketing 
     Act of 1946 (7 U.S.C. 1635i) is amended--
       (1) by redesignating paragraphs (9) through (22) as 
     paragraphs (10) through (23), respectively;
       (2) by inserting after paragraph (8) the following:
       ``(9) Negotiated formula purchase.--The term `negotiated 
     formula purchase' means a swine or pork market formula 
     purchase under which--
       ``(A) the formula is determined by negotiation on a lot-by-
     lot basis; and
       ``(B) the swine are scheduled for delivery to the packer 
     not later than 14 days after the date on which the formula is 
     negotiated and swine are committed to the packer.'';
       (3) in paragraph (12)(A) (as so redesignated), by inserting 
     ``negotiated formula purchase,'' after ``pork market formula 
     purchase,''; and
       (4) in paragraph (23) (as so redesignated)--
       (A) in subparagraph (C), by striking ``and'' at the end;
       (B) by redesignating subparagraph (D) as subparagraph (E); 
     and
       (C) by inserting after subparagraph (C) the following:
       ``(D) a negotiated formula purchase; and''.
       (b) Daily Reporting.--Section 232(c) of the Agricultural 
     Marketing Act of 1946 (7 U.S.C. 1635j(c)) is amended--
       (1) in paragraph (1)(D), by striking clause (ii) and 
     inserting the following:
       ``(ii) Price distributions.--The information published by 
     the Secretary under clause (i) shall include--

       ``(I) a distribution of net prices in the range between and 
     including the lowest net price and the highest net price 
     reported;
       ``(II) a delineation of the number of barrows and gilts at 
     each reported price level or, at the option of the Secretary, 
     the number of barrows and gilts within each of a series of 
     reasonable price bands within the range of prices; and
       ``(III) the total number and weighted average price of 
     barrows and gilts purchased through negotiated purchases and 
     negotiated formula purchases.''; and

       (2) in paragraph (3), by adding at the end the following:
       ``(C) Late in the day report information.--The Secretary 
     shall include in the morning report and the afternoon report 
     for the following day any information required to be reported 
     under subparagraph (A) that is obtained after the time of the 
     reporting day specified in that subparagraph.''.

     SEC. 103. LAMB REPORTING.

       Not later than 180 days after the date of enactment of this 
     Act, the Secretary of Agriculture shall revise section 59.300 
     of title 7, Code of Federal Regulations, so that--
       (1) the definition of the term ``importer''--
       (A) includes only those importers that imported an average 
     of 1,000 metric tons of lamb meat products per year during 
     the immediately preceding 4 calendar years; and
       (B) may include any person that does not meet the 
     requirement referred to in subparagraph (A), if the Secretary 
     determines that the person should be considered an importer 
     based on their volume of lamb imports; and
       (2) the definition of the term ``packer''--
       (A) applies to any entity with 50 percent or more ownership 
     in a facility;
       (B) includes a federally inspected lamb processing plant 
     which slaughtered or processed the equivalent of an average 
     of 35,000 head of lambs per year during the immediately 
     preceding 5 calendar years; and
       (C) may include any other lamb processing plant that does 
     not meet the requirement referred to in subparagraph (B), if 
     the Secretary determines that the processing plant should be 
     considered a packer after considering the capacity of the 
     processing plant.

     SEC. 104. STUDY ON LIVESTOCK MANDATORY REPORTING.

       (a) Study Required.--
       (1) In general.--The Secretary of Agriculture, acting 
     through the Agricultural Marketing Service in conjunction 
     with the Office of the Chief Economist and in consultation 
     with cattle, swine, and lamb producers, packers, and other 
     market participants, shall conduct a study on the program of 
     information regarding the marketing of cattle, swine, lambs, 
     and products of such livestock under subtitle B of the 
     Agricultural Marketing Act of 1946 (7 U.S.C. 1635 et seq.).
       (2) Requirements.--The study shall--
       (A) analyze current marketing practices in the cattle, 
     swine, and lamb markets;
       (B) identify legislative or regulatory recommendations made 
     by cattle, swine, and lamb producers, packers, and other 
     market participants to ensure that information provided under 
     the program--
       (i) can be readily understood by producers, packers, and 
     other market participants;
       (ii) reflects current marketing practices; and
       (iii) is relevant and useful to producers, packers, and 
     other market participants;
       (C) analyze the price and supply information reporting 
     services of the Department of Agriculture related to cattle, 
     swine, and lamb; and
       (D) address any other issues that the Secretary considers 
     appropriate.
       (b) Report.--Not later than March 1, 2018, the Secretary of 
     Agriculture 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 
     containing the findings of the study conducted under 
     subsection (a).

        TITLE II--NATIONAL FOREST FOUNDATION ACT REAUTHORIZATION

     SEC. 201. NATIONAL FOREST FOUNDATION ACT REAUTHORIZATION.

       (a) Extension of Authority To Provide Matching Funds for 
     Administrative and Project Expenses.--Section 405(b) of the 
     National Forest Foundation Act (16 U.S.C. 583j-3(b)) is 
     amended by striking ``for a period of five years beginning 
     October 1, 1992'' and inserting ``during fiscal years 2016 
     through 2018''.
       (b) Authorization of Appropriations.--Section 410(b) of the 
     National Forest Foundation Act (16 U.S.C. 583j-8(b)) is 
     amended by striking ``during the five-year period'' and all 
     that follows through ``$1,000,000 annually'' and inserting 
     ``there are authorized to be appropriated $3,000,000 for each 
     of fiscal years 2016 through 2018''.
       (c) Technical Corrections.--
       (1) Agent.--Section 404 of the National Forest Foundation 
     Act (16 U.S.C. 583j-2) is amended--
       (A) in subsection (a)(4), by inserting ``notice or'' after 
     ``authorized to accept''; and
       (B) in subsection (b), by striking ``under this paragraph'' 
     and inserting ``by subsection (a)(4)''.
       (2) Annual report.--Section 407(b) of the National Forest 
     Foundation Act (16 U.S.C. 583j-5(b)) is amended by striking 
     the comma after ``The Foundation shall''.

      TITLE III--UNITED STATES GRAIN STANDARDS ACT REAUTHORIZATION

     SEC. 301. REAUTHORIZATION OF UNITED STATES GRAIN STANDARDS 
                   ACT.

       (a) Official Inspection and Weighing Requirements.--
       (1) Discretionary waiver authority.--Section 5(a)(1) of the 
     United States Grain Standards Act (7 U.S.C. 77(a)(1)) is 
     amended in the first proviso by striking ``may waive the 
     foregoing requirement in emergency or other circumstances 
     which would not impair the objectives of this Act'' and 
     inserting ``shall waive the foregoing requirement in 
     emergency or other circumstances that would not impair the 
     objectives of this Act whenever the parties to a contract for 
     such shipment mutually agree to the waiver and documentation 
     of such agreement is provided to the Secretary prior to 
     shipment''.
       (2) Weighing requirements at export elevators.--Section 
     5(a)(2) of the United States Grain Standards Act (7 U.S.C. 
     77(a)(2)) is amended in the proviso by striking 
     ``intracompany shipments of grain into an export elevator by 
     any mode of transportation, grain transferred into an export 
     elevator by transportation modes other than barge,'' and 
     inserting ``shipments of grain into an export elevator by any 
     mode of transportation''.
       (3) Disruption in grain inspection or weighing.--Section 5 
     of the United States Grain Standards Act (7 U.S.C. 77) is 
     amended by adding at the end the following:
       ``(d) Disruption in Grain Inspection or Weighing.--In the 
     case of a disruption in official grain inspections or 
     weighings, including if the Secretary waives the requirement 
     for official inspection due to an emergency under subsection 
     (a)(1), the Secretary shall--
       ``(1) immediately take such actions as are necessary to 
     address the disruption and resume inspections or weighings;
       ``(2) not later than 24 hours after the start of the 
     disruption in inspection or weighing, submit to the Committee 
     on Agriculture of the House of Representatives and the 
     Committee on Agriculture, Nutrition, and Forestry of the 
     Senate a report that describes--
       ``(A) the disruption; and
       ``(B) any actions necessary to address the concerns of the 
     Secretary relating to the disruption so that inspections or 
     weighings may resume; and
       ``(3) once the initial report in paragraph (2) has been 
     made, provide daily updates until official inspection or 
     weighing services at the site of disruption have resumed.''.
       (b) Official Inspection Authority and Funding.--
       (1) Delegation of official inspection authority.--Section 
     7(e)(2) of the United States Grain Standards Act (7 U.S.C. 
     79(e)(2)) is amended--

[[Page S6854]]

       (A) by striking ``(2) If the Secretary'' and inserting the 
     following:
       ``(2) Delegation of authority to state agencies.--
       ``(A) In general.--If the Secretary'';
       (B) in the first sentence--
       (i) by striking ``and (A)'' and inserting ``and (i)'';
       (ii) by striking ``or (B)(i)'' and inserting ``or 
     (ii)(I)'';
       (iii) by striking ``(ii)'' and inserting ``(II)''; and
       (iv) by striking ``(iii)'' and inserting ``(III)''; and
       (C) by adding at the end the following:
       ``(B) Certification.--
       ``(i) In general.--Every 5 years, the Secretary shall 
     certify that each State agency with a delegation of authority 
     is meeting the criteria described in subsection (f)(1)(A).
       ``(ii) Process.--Not later than 1 year after the date of 
     enactment of the Agriculture Reauthorizations Act of 2015, 
     the Secretary shall establish a process for certification 
     under which the Secretary shall--

       ``(I) publish in the Federal Register notice of intent to 
     certify a State agency and provide a 30-day period for public 
     comment;
       ``(II) evaluate the public comments received and, in 
     accordance with paragraph (3), conduct an investigation to 
     determine whether the State agency is qualified;
       ``(III) make findings based on the public comments received 
     and investigation conducted; and
       ``(IV) publish in the Federal Register a notice announcing 
     whether the certification has been granted and describing the 
     basis on which the Secretary made the decision.

       ``(C) State agency requirements.--
       ``(i) In general.--If a State agency that has been 
     delegated authority under this paragraph intends to 
     temporarily discontinue official inspection or weighing 
     services for any reason, except in the case of a major 
     disaster, the State agency shall notify the Secretary in 
     writing of the intention of the State agency to do so at 
     least 72 hours in advance of the discontinuation date.
       ``(ii) Secretarial consideration.--The Secretary shall 
     consider receipt of a notice described in clause (i) as a 
     factor in administering the delegation of authority under 
     this paragraph.''.
       (2) Consultation.--Section 7(f)(1) of the United States 
     Grain Standards Act (7 U.S.C. 79(f)(1)) is amended--
       (A) in subparagraph (A)(xi), by striking ``and'' at the 
     end;
       (B) in subparagraph (B), by striking the period at the end 
     and inserting ``; and''; and
       (C) by adding at the end the following:
       ``(C) the Secretary--
       ``(i) periodically conducts a consultation with the 
     customers of the applicant, in a manner that provides 
     opportunity for protection of the identity of the customer if 
     desired by the customer, to review the performance of the 
     applicant with regard to the provision of official inspection 
     services and other requirements of this Act; and
       ``(ii) works with the applicant to address any concerns 
     identified during the consultation process.''.
       (3) Geographic boundaries for official agencies.--
       (A) Official inspection authority.--Section 7(f)(2) of the 
     United States Grain Standards Act (7 U.S.C. 79(f)(2)) is 
     amended by striking ``the Secretary may'' and all that 
     follows through the end of the paragraph and inserting the 
     following: ``the Secretary shall allow a designated official 
     agency to cross boundary lines to carry out inspections in 
     another geographic area if--
       ``(A) the current designated official agency for that 
     geographic area is unable to provide inspection services in a 
     timely manner;
       ``(B) a person requesting inspection services in that 
     geographic area requests a probe inspection on a barge-lot 
     basis; or
       ``(C) the current official agency for that geographic area 
     agrees in writing with the adjacent official agency to waive 
     the current geographic area restriction at the request of the 
     applicant for service.''.
       (B) Weighing authority.--Section 7A(i)(2) of the United 
     States Grain Standards Act (7 U.S.C. 79a(i)(2)) is amended by 
     striking ``the Secretary may'' and all that follows through 
     the end of the paragraph and inserting the following: ``the 
     Secretary shall allow a designated official agency to cross 
     boundary lines to carry out weighing in another geographic 
     area if--
       ``(A) the current designated official agency for that 
     geographic area is unable to provide weighing services in a 
     timely manner; or
       ``(B) the current official agency for that geographic area 
     agrees in writing with the adjacent official agency to waive 
     the current geographic area restriction at the request of the 
     applicant for service.''.
       (4) Duration of designation authority.--Section 7(g)(1) of 
     the United States Grain Standards Act (7 U.S.C. 79(g)(1)) is 
     amended by striking ``triennially'' and inserting ``every 5 
     years''.
       (5) Fees.--Section 7(j) of the United States Grain 
     Standards Act (7 U.S.C. 79(j)(1)) is amended--
       (A) by striking ``(j)(1) The Secretary'' and inserting the 
     following:
       ``(j) Fees.--
       ``(1) Inspection fees.--
       ``(A) In general.--The Secretary'';
       (B) in paragraph (1)--
       (i) the second sentence, by striking ``The fees'' and 
     inserting the following:
       ``(B) Amount of fees.--The fees'';
       (ii) in the third sentence, by striking ``Such fees'' and 
     inserting the following:
       ``(C) Use of fees.--Fees described in this paragraph''; and
       (iii) by adding at the end the following:
       ``(D) Export tonnage fees.--For an official inspection at 
     an export facility performed by the Secretary, the portion of 
     the fees based on export tonnage shall be based on the 
     rolling 5-year average of export tonnage volumes.'';
       (C) by redesignating paragraph (4) as paragraph (5);
       (D) by inserting after paragraph (3) the following:
       ``(4) Adjustment of fees.--In order to maintain an 
     operating reserve of not less than 3 and not more than 6 
     months, the Secretary shall adjust the fees described in 
     paragraphs (1) and (2) not less frequently than annually.''; 
     and
       (E) in paragraph (5) (as redesignated by subparagraph (C)), 
     in the first sentence, by striking ``2015'' and inserting 
     ``2020''.
       (c) Weighing Authority.--Section 7A of the United States 
     Grain Standards Act (7 U.S.C. 79a) is amended--
       (1) in subsection (c)(2), in the last sentence, by striking 
     ``subsection (g) of section 7'' and inserting ``subsections 
     (e) and (g) of section 7''; and
       (2) in subsection (l)--
       (A) by striking ``(l)(1) The Secretary'' and inserting the 
     following:
       ``(l) Fees.--
       ``(1) Weighing fees.--
       ``(A) In general.--The Secretary'';
       (B) in paragraph (1)--
       (i) the second sentence, by striking ``The fees'' and 
     inserting the following:
       ``(B) Amount of fees.--The fees'';
       (ii) in the third sentence, by striking ``Such fees'' and 
     inserting the following:
       ``(C) Use of fees.--Fees described in this paragraph''; and
       (iii) by adding at the end the following:
       ``(D) Export tonnage fees.--For an official weighing at an 
     export facility performed by the Secretary, the portion of 
     the fees based on export tonnage shall be based on the 
     rolling 5-year average of export tonnage volumes.'';
       (C) by redesignating paragraph (3) as paragraph (4);
       (D) by inserting after paragraph (2) the following:
       ``(3) Adjustment of fees.--In order to maintain an 
     operating reserve of not less than 3 and not more than 6 
     months, the Secretary shall adjust the fees described in 
     paragraphs (1) and (2) not less frequently than annually.''; 
     and
       (E) in paragraph (4) (as redesignated by subparagraph (C)), 
     in the first sentence, by striking ``2015'' and inserting 
     ``2020''.
       (d) Limitation and Administrative and Supervisory Costs.--
     Section 7D of the United States Grain Standards Act (7 U.S.C. 
     79d) is amended by striking ``2015'' and inserting ``2020''.
       (e) Issuance of Authorization.--Section 8(b) of the United 
     States Grain Standards Act (7 U.S.C. 84(b)) is amended by 
     striking ``triennially'' and inserting ``every 5 years''.
       (f) Appropriations.--Section 19 of the United States Grain 
     Standards Act (7 U.S.C. 87h) is amended by striking ``2015'' 
     and inserting ``2020''.
       (g) Advisory Committee.--Section 21(e) of the United States 
     Grain Standards Act (7 U.S.C. 87j(e)) is amended by striking 
     ``2015'' and inserting ``2020''.

     SEC. 302. REPORT ON DISRUPTION IN FEDERAL INSPECTION OF GRAIN 
                   EXPORTS.

       Not later than 180 days after the date of enactment of this 
     Act, the Secretary of Agriculture shall submit to the 
     Committee on Agriculture, Nutrition, and Forestry of the 
     Senate, the Committee on Agriculture of the House of 
     Representatives, the Subcommittee on Agriculture, Rural 
     Development, Food and Drug Administration, and Related 
     Agencies of the Committee on Appropriations of the Senate, 
     and the Subcommittee on Agriculture, Rural Development, Food 
     and Drug Administration, and Related Agencies of the 
     Committee on Appropriations of the House of Representatives a 
     report that describes--
       (1) the specific factors that led to disruption in Federal 
     inspection of grain exports at the Port of Vancouver in the 
     summer of 2014;
       (2) any factors that contributed to the disruption referred 
     to in paragraph (1) that were unique to the Port of 
     Vancouver, including a description of the port facility, 
     security needs and available resources for that purpose, and 
     any other significant factors as determined by the Secretary; 
     and
       (3) any changes in policy that the Secretary has 
     implemented to ensure that a similar disruption in Federal 
     inspection of grain exports at the Port of Vancouver or any 
     other location does not occur in the future.

     SEC. 303. REPORT ON POLICY BARRIERS TO GRAIN PRODUCERS.

       Not later than 180 days after the date of enactment of this 
     Act, the Secretary of Agriculture, in consultation with the 
     United States Trade Representative, shall submit to the 
     Committee on Agriculture, Nutrition, and Forestry of the 
     Senate and the Committee on Agriculture of the House of 
     Representatives a report that describes--
       (1) the policy barriers to United States grain producers in 
     countries the grain of which receives official grading in the 
     United States but which do not offer official grading for 
     United States grain or provide only the lowest designation 
     for United States grain, including an analysis of possible 
     inconsistencies with trade obligations; and
       (2) any actions the Executive Branch is taking to remedy 
     the policy barriers so as to put United States grain 
     producers on equal footing with grain producers in countries 
     imposing the barriers.

  Mr. LANKFORD. Mr. President, I ask unanimous consent that the 
committee-reported amendment be agreed to, that the bill, as amended, 
be read a third time and passed, and the motion to reconsider be made 
and laid upon the table.
  The PRESIDING OFFICER. Without objection, it is so ordered.

[[Page S6855]]

  The committee amendment in the nature of a substitute was agreed to.
  The amendment was ordered to be engrossed, and the bill to be read a 
third time.
  The bill was read the third time.
  The bill (H.R. 2051), as amended, was passed.

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