[114th Congress Public Law 54]
[From the U.S. Government Publishing Office]
[[Page 129 STAT. 513]]
Public Law 114-54
114th Congress
An Act
To amend the Agricultural Marketing Act of 1946 to extend the livestock
mandatory price reporting requirements, and for other
purposes. <<NOTE: Sept. 30, 2015 - [H.R. 2051]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Agriculture
Reauthorizations Act of 2015.>>
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) <<NOTE: 7 USC 71 note.>> 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:
[[Page 129 STAT. 514]]
``(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. <<NOTE: 7 USC 1635m note.>> 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) <<NOTE: Definition.>> 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''--
[[Page 129 STAT. 515]]
(A) <<NOTE: Applicability.>> applies to any entity
with 50 percent or more ownership in a facility;
(B) <<NOTE: Time period.>> 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 <<NOTE: Determination.>> 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) <<NOTE: Consultation.>> 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
[[Page 129 STAT. 516]]
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) <<NOTE: Deadline. Reports.>> 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
[[Page 129 STAT. 517]]
``(B) any actions necessary to address the concerns
of the Secretary relating to the disruption so that
inspections or weighings may resume; and
``(3) <<NOTE: Updates.>> 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--
(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) <<NOTE: Time periods. Deadlines.>>
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) <<NOTE: Federal Register,
publication. Notice.>> 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) <<NOTE: Comment period.>>
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) <<NOTE: Notification.>> 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--
[[Page 129 STAT. 518]]
(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.--
[[Page 129 STAT. 519]]
``(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) <<NOTE: Deadline.>> 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) <<NOTE: Deadline.>> 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''.
[[Page 129 STAT. 520]]
(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) <<NOTE: Expiration date.>> 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
[[Page 129 STAT. 521]]
on equal footing with grain producers in countries imposing the
barriers.
Approved September 30, 2015.
LEGISLATIVE HISTORY--H.R. 2051:
---------------------------------------------------------------------------
HOUSE REPORTS: No. 114-132 (Comm. on Agriculture).
CONGRESSIONAL RECORD, Vol. 161 (2015):
June 9, considered and passed House.
Sept. 21, considered and passed Senate, amended.
Sept. 28, House concurred in Senate amendment.
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