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Code · STATUTES-AT-LARGE · Vol. 113 STAT. · Public Law 480

Public Law 480.

23,218 words·~106 min read·/statutes-at-large/vol-113/public-law-480·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

113 STAT. 1158 public law 480 program and grant accounts (including transfers of funds) For expenses during the current fiscal year, not otherwise recoverable, and unrecovered prior years’ costs, including interest thereon, under the Agricultural Trade Development and Assistance Act of 1954 (7 U.S.C. 1691, 1701–1704, 1721–1726a, 1727–1727e, 1731–1736g–3, and 1737), as follows:
(1)$155,000,000 for Public Law 480 title I credit, including Food for Progress programs;
(2)$21,000,000 is hereby appropriated for ocean freight differential costs for the shipment of agricultural commodities pursuant to title I of said Act and the Food for Progress Act of 1985; and
(3)$800,000,000 is hereby appropriated for commodities supplied in connection with dispositions abroad pursuant to title II of said Act: *Provided,* That not to exceed 15 percent of the funds made available to carry out any title of said Act may be used to carry out any other title of said Act: *Provided further,* That such sums shall remain available until expended (7 U.S.C. 2209b). For the cost, as defined in section 502 of the Congressional Budget Act of 1974, of direct credit agreements as authorized by the Agricultural Trade Development and Assistance Act of 1954, and the Food for Progress Act of 1985, including the cost of modifying credit agreements under said Act, $127,813,000. In addition, for administrative expenses to carry out the Public Law 480 title I credit program, and the Food for Progress Act of 1985, to the extent funds appropriated for Public Law 480 are utilized, $1,850,000, of which $1,035,000 may be transferred to and merged with the appropriation for “Foreign Agricultural Service and General Sales Manager” and $815,000 may be transferred to and merged with the appropriation for “Farm Service Agency, Salaries and Expenses”. commodity credit corporation export loans program account (including transfers of funds) For administrative expenses to carry out the Commodity Credit Corporation’s export guarantee program, GSM 102 and GSM 103, $3,820,000; to cover common overhead expenses as permitted by section 11 of the Commodity Credit Corporation Charter Act and in conformity with the Federal Credit Reform Act of 1990, of which $3,231,000 may be transferred to and merged with the appropriation for “Foreign Agricultural Service and General Sales Manager” and $589,000 may be transferred to and merged with the appropriation for “Farm Service Agency, Salaries and Expenses”.113 STAT. 1159 TITLE VIRELATED AGENCIES AND FOOD AND DRUG ADMINISTRATION DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration salaries and expenses For necessary expenses of the Food and Drug Administration, including hire and purchase of passenger motor vehicles; for payment of space rental and related costs pursuant to Public Law 92–313 for programs and activities of the Food and Drug Administration which are included in this Act; for rental of special purpose space in the District of Columbia or elsewhere; and for miscellaneous and emergency expenses of enforcement activities, authorized and approved by the Secretary and to be accounted for solely on the Secretary’s certificate, not to exceed $25,000; $1,186,072,000, of which not to exceed $145,434,000 in prescription drug user fees authorized by 21 U.S.C. 379(h) may be credited to this appropriation and remain available until expended: *Provided,* That fees derived from applications received during fiscal year 2000 shall be subject to the fiscal year 2000 limitation: *Provided further,* That none of these funds shall be used to develop, establish, or operate any program of user fees authorized by 31 U.S.C. 9701: *Provided further,* That of the total amount appropriated:
(1)$269,245,000 shall be for the Center for Food Safety and Applied Nutrition and related field activities in the Office of Regulatory Affairs;
(2)$309,026,000 shall be for the Center for Drug Evaluation and Research and related field activities in the Office of Regulatory Affairs, of which no less than $11,542,000 shall be available for grants and contracts awarded under section 5 of the Orphan Drug Act (21 U.S.C. 360ee);
(3)$132,092,000 shall be for the Center for Biologies Evaluation and Research and for related field activities in the Office of Regulatory Affairs;
(4)$48,821,000 shall be for the Center for Veterinary Medicine and for related field activities in the Office of Regulatory Affairs;
(5)$154,271,000 shall be for the Center for Devices and Radiological Health and for related field activities in the Office of Regulatory Affairs, of which $1,000,000 shall be for premarket review, enforcement and oversight activities related to users and manufacturers of all reprocessed medical devices as authorized by the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321 et seq.), and of which no less than $55,500,000 and 522 full-time equivalent positions shall be for premarket application review activities to meet statutory review times;
(6)$34,536,000 shall be for the National Center for Toxicological Research;
(7)$34,000,000 shall be for the Office of Tobacco;
(8)$25,855,000 shall be for Rent and Related activities, other than the amounts paid to the General Services Administration;
(9)$100,180,000 shall be for payments to the General Services Administration for rent and related costs; and
(10)$78,046,000 shall be for other activities, including the Office of the Commissioner; the Office of Policy; the Office of the Senior Associate Commissioner; the Office of International and Constituent Relations; the Office of Policy, Legislation, and Planning; and central services for these offices: *Provided further,* That funds may be transferred from one specified activity 113 STAT. 1160to another with the prior approval of the Committee on Appropriations of both Houses of Congress. In addition, mammography user fees authorized by 42 U.S.C. 263(b) may be credited to this account, to remain available until expended. In addition, export certification user fees authorized by 21 U.S.C. 381 may be credited to this account, to remain available until expended. buildings and facilities For plans, construction, repair, improvement, extension, alteration, and purchase of fixed equipment or facilities of or used by the Food and Drug Administration, where not otherwise provided, $11,350,000, to remain available until expended (7 U.S.C. 2209b). INDEPENDENT AGENCIES Commodity Futures Trading Commission For necessary expenses to carry out the provisions of the Commodity Exchange Act (7 U.S.C. 1 et seq.), including the purchase and hire of passenger motor vehicles; the rental of space (to include multiple year leases) in the District of Columbia and elsewhere; and not to exceed $25,000 for employment under 5 U.S.C. 3109, $63,000,000, including not to exceed $1,000 for official reception [7 USC 4a note](/us/usc/t7/s4/a).and representation expenses: *Provided,* That for fiscal year 2000 and thereafter, the Commission is authorized to charge reasonable fees to attendees of Commission sponsored educational events and symposia to cover the Commission’s costs of providing those events and symposia, and notwithstanding 31 U.S.C. 3302, said fees shall be credited to this account, to be available without further appropriation. Farm Credit Administration limitation on administrative expenses Not to exceed $35,800,000 (from assessments collected from farm credit institutions and from the Federal Agricultural Mortgage Corporation) shall be obligated during the current fiscal year for administrative expenses as authorized under 12 U.S.C. 2249: *Provided,* That this limitation shall not apply to expenses associated with receiverships. TITLE VII—GENERAL PROVISIONS Sec. 701. Within the unit limit of cost fixed by law, appropriations and authorizations made for the Department of Agriculture for the fiscal year 2000 under this Act shall be available for the purchase, in addition to those specifically provided for, of not to exceed 365 passenger motor vehicles, of which 361 shall be for replacement only, and for the hire of such vehicles. Sec. 702. Funds in this Act available to the Department of Agriculture shall be available for uniforms or allowances therefor as authorized by law (5 U.S.C. 5901–5902). Sec. 703.Contracts.[7 USC 1623a](/us/usc/t7/s1623/a). Not less than $1,500,000 of the appropriations of the Department of Agriculture in this Act for research and service 113 STAT. 1161work authorized by the Acts of August 14, 1946, and July 28, 1954 (7 U.S.C. 427 and 1621–1629), and by chapter 63 of title 31, United States Code, shall be available for contracting in accordance with said Acts and chapter. Sec. 704. The cumulative total of transfers to the Working Capital Fund for the purpose of accumulating growth capital for data services and National Finance Center operations shall not exceed $2,000,000: *Provided,* That no funds in this Act appropriated to an agency of the Department shall be transferred to the Working Capital Fund without the approval of the agency administrator. Sec. 705. New obligational authority provided for the following[7 USC 2209b](/us/usc/t7/s2209/b). appropriation items in this Act shall remain available until expended: Animal and Plant Health Inspection Service, the contingency fund to meet emergency conditions, fruit fly program, integrated systems acquisition project, boll weevil program, up to 10 percent of the screwworm program, and up to $2,000,000 for costs associated with colocating regional offices; Food Safety and Inspection Service, field automation and information management project; funds appropriated for rental payments; Cooperative State Research, Education, and Extension Service, funds for competitive research grants (7 U.S.C. 450i(b)) and funds for the Native American Institutions Endowment Fund; Farm Service Agency, salaries and expenses funds made available to county committees; and Foreign Agricultural Service, middle-income country training program. Sec. 706. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. Sec. 707. Not to exceed $50,000 of the appropriations available to the Department of Agriculture in this Act shall be available to provide appropriate orientation and language training pursuant to Public Law 94–449. Sec. 708. No funds appropriated by this Act may be used to pay negotiated indirect cost rates on cooperative agreements or similar arrangements between the United States Department of Agriculture and nonprofit institutions in excess of 10 percent of the total direct cost of the agreement when the purpose of such cooperative arrangements is to carry out programs of mutual interest between the two parties. This does not preclude appropriate payment of indirect costs on grants and contracts with such institutions when such indirect costs are computed on a similar basis for all agencies for which appropriations are provided in this Act. Sec. 709. Notwithstanding any other provision of this Act,[7 USC 612c note](/us/usc/t7/s612/c). commodities acquired by the Department in connection with the Commodity Credit Corporation and section 32 price support operations may be used, as authorized by law (15 U.S.C. 714c and 7 U.S.C. 612c), to provide commodities to individuals in cases of hardship as determined by the Secretary of Agriculture. Sec. 710. None of the funds in this Act shall be available to restrict the authority of the Commodity Credit Corporation to lease space for its own use or to lease space on behalf of other agencies of the Department of Agriculture when such space will be jointly occupied. Sec. 711. None of the funds in this Act shall be available to pay indirect costs charged against competitive agricultural research, education, or extension grant awards issued by the Cooperative State Research, Education, and Extension Service that exceed 19 percent of total Federal funds provided under each award: 113 STAT. 1162*Provided,* That notwithstanding section 1462 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3310), funds provided by this Act for grants awarded competitively by the Cooperative State Research, Education, and Extension Service shall be available to pay full allowable indirect costs for each grant awarded under the Small Business Innovation Development Act of 1982, Public Law 97–219 (15 U.S.C. 638). Sec. 712. Notwithstanding any other provision of this Act, all loan levels provided in this Act shall be considered estimates, not limitations. Sec. 713.Effective date. Notwithstanding any other provision of law, effective on September 29, 1999, appropriations made available to the Rural Housing Insurance Fund Program Account for the costs of direct and guaranteed loans and to the Rural Housing Assistance Grants Account in fiscal years 1994, 1995, 1996, 1997, 1998, and 1999 shall remain available until expended to cover obligations made in each of those fiscal years respectively with regard to each account. Sec. 714. Appropriations to the Department of Agriculture for the cost of direct and guaranteed loans made available in fiscal year 2000 shall remain available until expended to cover obligations made in fiscal year 2000 for the following accounts: the rural development loan fund program account; the Rural Telephone Bank program account; the rural electrification and telecommunications loans program account; the Rural Housing Insurance Fund Program Account; and the rural economic development loans program account. Sec. 715. Such sums as may be necessary for fiscal year 2000 pay raises for programs funded by this Act shall be absorbed within the levels appropriated by this Act. Sec. 716. Notwithstanding the Federal Grant and Cooperative Agreement Act, marketing services of the Agricultural Marketing Service; Grain Inspection, Packers and Stockyards Administration; the Animal and Plant Health Inspection Service; and the food safety activities of the Food Safety and Inspection Service may use cooperative agreements to reflect a relationship between the Agricultural Marketing Service; the Grain Inspection, Packers and Stockyards Administration; the Animal and Plant Health Inspection Service; or the Food Safety and Inspection Service and a State or Cooperator to carry out agricultural marketing programs, to carry out programs to protect the Nation’s animal and plant resources, or to carry out educational programs or special studies to improve the safety of the Nation’s food supply. Sec. 717. Notwithstanding any other provision of law (including provisions of law requiring competition), the Secretary may enter into cooperative agreements (which may provide for the acquisition of goods or services, including personal services) with a State, political subdivision, or agency thereof, a public or private agency, organization, or any other person, if the Secretary determines that the objectives of the agreement will:
(1)serve a mutual interest of the parties to the agreement in carrying out the Wetlands Reserve Program; and
(2)all parties will contribute resources to the accomplishment of these objectives: *Provided,* That Commodity Credit Corporation funds obligated for such purposes shall not exceed the level obligated by the Commodity Credit Corporation for such purposes in fiscal year 1998. Sec. 718. None of the funds in this Act may be used to retire more than 5 percent of the Class A stock of the Rural Telephone 113 STAT. 1163Bank or to maintain any account or subaccount within the accounting records of the Rural Telephone Bank the creation of which has not specifically been authorized by statute: *Provided,* That notwithstanding any other provision of law, none of the funds appropriated or otherwise made available in this Act may be used to transfer to the Treasury or to the Federal Financing Bank any unobligated balance of the Rural Telephone Bank telephone liquidating account which is in excess of current requirements and such balance shall receive interest as set forth for financial accounts in section 505(c) of the Federal Credit Reform Act of 1990. Sec. 719. Of the funds made available by this Act, not more than $1,800,000 shall be used to cover necessary expenses of activities related to all advisory committees, panels, commissions, and task forces of the Department of Agriculture, except for panels used to comply with negotiated rule makings and panels used to evaluate competitively awarded grants: *Provided,* That interagency funding is authorized to carry out the purposes of the National Drought Policy Commission. Sec. 720. None of the funds appropriated by this Act may be used to carry out the provisions of section 918 of Public Law 104–127, the Federal Agriculture Improvement and Reform Act. Sec. 721. No employee of the Department of Agriculture may be detailed or assigned from an agency or office funded by this Act to any other agency or office of the Department for more than 30 days unless the individual’s employing agency or office is fully reimbursed by the receiving agency or office for the salary and expenses of the employee for the period of assignment. Sec. 722. None of the funds appropriated or otherwise made available to the Department of Agriculture shall be used to transmit or otherwise make available to any non-Department of Agriculture employee questions or responses to questions that are a result of information requested for the appropriations hearing process. Sec. 723. None of the funds made available to the Department of Agriculture by this Act may be used to acquire new information technology systems or significant upgrades, as determined by the Office of the Chief Information Officer, without the approval of the Chief Information Officer and the concurrence of the Executive Information Technology Investment Review Board: *Provided,* That notwithstanding any other provision of law, none of the funds appropriated or otherwise made available by this Act may be transferred to the Office of the Chief Information Officer without the prior approval of the Committee on Appropriations of both Houses of Congress. Sec. 724.
(a)None of the funds provided by this Act, or provided by previous Appropriations Acts to the agencies funded by this Act that remain available for obligation or expenditure in fiscal year 2000, or provided from any accounts in the Treasury of the United States derived by the collection of fees available to the agencies funded by this Act, shall be available for obligation or expenditure through a reprogramming of funds which:
(1)creates new programs;
(2)eliminates a program, project, or activity;
(3)increases funds or personnel by any means for any project or activity for which funds have been denied or restricted;
(4)relocates an office or employees;
(5)reorganizes offices, programs, or activities; or
(6)contracts out or privatizes any functions or activities presently performed by Federal employees; unless the CommitteeNotification. 113 STAT. 1164on Appropriations of both Houses of Congress are notified 15 days in advance of such reprogramming of funds.
(b)None of the funds provided by this Act, or provided by previous Appropriations Acts to the agencies funded by this Act that remain available for obligation or expenditure in fiscal year 2000, or provided from any accounts in the Treasury of the United States derived by the collection of fees available to the agencies funded by this Act, shall be available for obligation or expenditure for activities, programs, or projects through a reprogramming of funds in excess of $500,000 or 10 percent, whichever is less, that:
(1)augments existing programs, projects, or activities;
(2)reduces by 10 percent funding for any existing program, project, or activity, or numbers of personnel by 10 percent as approved by Congress; or
(3)results from any general savings from a reduction in personnel which would result in a change in existing programs, activities, Notification.or projects as approved by Congress; unless the Committee on Appropriations of both Houses of Congress are notified 15 days in advance of such reprogramming of funds. Sec. 725. None of the funds appropriated or otherwise made available by this Act or any other Act may be used to pay the salaries and expenses of personnel to carry out the transfer or obligation of fiscal year 2000 funds under the provisions of section 793 of Public Law 104–127. Sec. 726. None of the funds appropriated or otherwise made available by this Act shall be used to pay the salaries and expenses of personnel who carry out an environmental quality incentives program authorized by sections 334–341 of Public Law 104–127 in excess of $174,000,000. Sec. 727.[7 USC 7218 note](/us/usc/t7/s7218). None of the funds appropriated or otherwise available to the Department of Agriculture in fiscal year 2000 or thereafter may be used to administer the provision of contract payments to a producer under the Agricultural Market Transition Act (7 U.S.C. 7201 et seq.) for contract acreage on which wild rice is planted unless the contract payment is reduced by an acre for each contract acre planted to wild rice. Sec. 728. None of the funds appropriated or otherwise made available by this Act shall be used to pay the salaries and expenses of personnel to enroll in excess of 150,000 acres in the fiscal year 2000 wetlands reserve program as authorized by 16 U.S.C. 3837. Sec. 729. None of the funds appropriated or otherwise made available by this or any other Act shall be used to pay the salaries and expenses of personnel to carry out the transfer or obligation of fiscal year 2000 funds under the provisions of section 401 of Public Law 105–185, the Initiative for Future Agriculture and Food Systems. Sec. 730.[7 USC 2009 note](/us/usc/t7/s2009). Notwithstanding section 381A of the Consolidated Farm and Rural Development Act (7 U.S.C. 2009), in fiscal year 2000 and thereafter, the definitions of rural areas for certain business programs administered by the Rural Business-Cooperative Service and the community facilities programs administered by the Rural Housing Service shall be those provided for in statute and regulations prior to the enactment of Public Law 104–127. Sec. 731. None of the funds appropriated or otherwise made available by this Act shall be used to carry out any commodity purchase program that would prohibit eligibility or participation by farmer-owned cooperatives.113 STAT. 1165 Sec. 732. None of the funds appropriated or otherwise made available by this Act shall be used to pay the salaries and expenses of personnel to carry out a conservation farm option program, as authorized by section 335 of Public Law 104–127. Sec. 733. None of the funds made available to the Food and Drug Administration by this Act shall be used to close or relocate, or to plan to close or relocate, the Food and Drug Administration Division of Drug Analysis in St. Louis, Missouri, or the Food and Drug Administration Detroit, Michigan, District Office Laboratory; or to reduce the Detroit, Michigan, Food and Drug Administration District Office below the operating and full-time equivalent staffing level of July 31, 1999; or to change the Detroit District Office to a station, residence post or similarly modified office; or to reassign residence posts assigned to the Detroit District Office. Sec. 734. None of the funds made available by this Act or[7 USC 1622 note](/us/usc/t7/s1622). any other Act for any fiscal year may be used to carry out section 302(h) of the Agricultural Marketing Act of 1946 (7 U.S.C. 1622(h)) unless the Secretary of Agriculture inspects and certifies agricultural processing equipment, and imposes a fee for the inspection and certification, in a manner that is similar to the inspection and certification of agricultural products under that section, as determined by the Secretary: *Provided,* That this provision shall not affect the authority of the Secretary to carry out the Federal Meat Inspection Act (21 U.S.C. 601 et seq.), the Poultry Products Inspection Act (21 U.S.C. 451 et seq.), or the Egg Products Inspection Act (21 U.S.C. 1031 et seq.). Sec. 735. None of the funds appropriated by this Act or any other Act shall be used to pay the salaries and expenses of personnel who prepare or submit appropriations language as part of the President’s Budget submission to the Congress of the United States for programs under the jurisdiction of the Appropriations Subcommittees on Agriculture, Rural Development, and Related Agencies that assumes revenues or reflects a reduction from the previous year due to user fees proposals that have not been enacted into law prior to the submission of the Budget unless such Budget submission identifies which additional spending reductions should occur in the event the users fees proposals are not enacted prior to the date of the convening of a committee of conference for the fiscal year 2001 appropriations Act. Sec. 736. None of the funds appropriated or otherwise made available by this Act shall be used to establish an Office of Community Food Security or any similar office within the United States Department of Agriculture without the prior approval of the Committee on Appropriations of both Houses of Congress. Sec. 737. None of the funds appropriated or otherwise made available by this or any other Act may be used to carry out provision of section 612 of Public Law 105–185. Sec. 738. None of the funds appropriated or otherwise made available by this Act shall be used to pay the salaries and expenses of personnel to carry out the emergency food assistance program authorized by section 27(a) of the Food Stamp Act (7 U.S.C. 2036(a)) if such program exceeds $98,000,000. Sec. 739. None of the funds appropriated by this Act shall be used to propose or issue rules, regulations, decrees, or orders for the purpose of implementation, or in preparation for implementation of the Kyoto Protocol which was adopted on December 11, 1997, in Kyoto, Japan.113 STAT. 1166 Sec. 740.[16 USC 590h note](/us/usc/t16/s590/h). Notwithstanding any other provision of law, in fiscal year 2000 and thereafter, permanent employees of county committees employed on or after October 1, 1998, pursuant to 8(b) of the Soil Conservation and Domestic Allotment Act (16 U.S.C. 590h(b)) shall be considered as having Federal Civil Service status only for the purpose of applying for United States Department of Agriculture Civil Service vacancies. Sec. 741. None of the funds appropriated or otherwise made available by this Act may be used to declare excess or surplus all or part of the lands and facilities owned by the Federal Government and administered by the Secretary of Agriculture at Fort Reno, Oklahoma, or to transfer or convey such lands or facilities, without the specific authorization of Congress. Sec. 742. Notwithstanding any other provision of law, the Chief of the Natural Resources Conservation Service shall provide funds, within discretionary amounts available, for the settlement of claims associated with the Chuquatonchee Watershed Project in Mississippi to close out this project. Sec. 743.Deadline.Contracts.Hawaii.Mail.
(a)Not later than 180 days after the date of the enactment of this Act, the Secretary of Agriculture shall offer to enter into an agreement with the Governor of the State of Hawaii to conduct a pilot program to inspect mail entering the State of Hawaii for any plant, plant product, plant pest, or other organism that is subject to Federal quarantine laws.
(b)The agreement described in subsection
(a)shall contain the same terms and conditions as are contained in the memorandum of understanding entered into between the Secretary and the State of California, dated February 1, 1999, unless the Secretary and the Governor agree to different terms or conditions. (c)Termination date. Unless the Secretary and the Governor agree otherwise, the agreement described in subsection
(b)shall terminate on the later of—
(1)the date that is 1 year after the date the agreement becomes effective; or
(2)the date that the February 1, 1999 memorandum of understanding terminates. Sec. 744. Notwithstanding any other provision of law, the Secretary is authorized under section 306 of the Consolidated Farm and Rural Development Act, as amended (7 U.S.C. 1926), to provide guaranteed lines of credit, including working capital loans, for health care facilities, to address Year 2000 computer conversion issues. Sec. 745.Deadline. After taking any action involving the seizure, quarantine, treatment, destruction, or disposal of wheat infested with karnal bunt, the Secretary of Agriculture shall compensate the producers and handlers for economic losses incurred as the result of the action not later than 45 days after receipt of a claim that includes all appropriate paperwork. Sec. 746. In addition to amounts otherwise appropriated or made available by this Act, $2,000,000 is appropriated for the purpose of providing Bill Emerson and Mickey Leland Hunger Fellowships through the Congressional Hunger Center, which is an organization described in subsection (c)(3) of section 501 of the Internal Revenue Code of 1986 and is exempt from taxation under subsection
(a)of such section. Sec. 747. Notwithstanding any other provision of law, there are hereby appropriated $250,000 for the program authorized under 113 STAT. 1167section 388 of the Federal Agriculture Improvement and Reform Act of 1996, solely for use in the State of New Hampshire. Sec. 748. The Immigration and Nationality Act (8 U.S.C. 1188 et seq.) is amended—
(1)in section 218(c)(1) by striking “60 days” and inserting[8 USC 1188](/us/usc/t8/s1188). “45 days”; and
(2)in section 218(c)(3)(A) by striking “20 days” and inserting “30 days”. Sec. 749. Successorship Provisions Relating to Bargaining Units and Exclusive Representatives.
(a)Voluntary Agreement.—
(1)In general.—If the exercise of the Secretary of Agriculture’s authority under this section results in changes to an existing bargaining unit that has been certified under chapter 71 of title 5, United States Code, the affected parties shall attempt to reach a voluntary agreement on a new bargaining unit and an exclusive representative for such unit.
(2)Criteria.—In carrying out the requirements of this subsection, the affected parties shall use criteria set forth in—
(A)sections 7103(a)(4), 7111(e), 7111(f)(1), and 7120 of title 5, United States Code, relating to determining an exclusive representative; and
(B)section 7112 of title 5, United States Code (disregarding subsections (b)(5) and
(d)thereof), relating to determining appropriate units.
(b)Effect of an Agreement.—
(1)In general.—If the affected parties reach agreementCertification. on the appropriate unit and the exclusive representative for such unit under subsection (a), the Federal Labor Relations Authority shall certify the terms of such agreement, subject to paragraph (2)(A). Nothing in this subsection shall be considered to require the holding of any hearing or election as a condition for certification.
(2)Restrictions.—
(A)Conditions requiring noncertification.—The Federal Labor Relations Authority may not certify the terms of an agreement under paragraph
(1)if—
(i)it determines that any of the criteria referred to in subsection (a)(2) (disregarding section 7112(a) of title 5, United States Code) have not been met; or
(ii)after the Secretary’s exercise of authority and before certification under this section, a valid election under section 7111(b) of title 5, United States Code, is held covering any employees who would be included in the unit proposed for certification.
(B)Temporary Waiver of Provision that Would Bar an Election After a Collective Bargaining Agreement is Reached.—Nothing in section 7111(f)(3) of title 5, United States Code, shall prevent the holding of an election under section 7111(b) of such title that covers employees within a unit certified under paragraph (1), or giving effect to the results of such an election (including a decision not to be represented by any labor organization), if the election is held before the end of the 12-month period beginning on the date such unit is so certified.113 STAT. 1168
(C)Clarification.—The certification of a unit under paragraph
(1)shall not, for purposes of the last sentence of section 7111(b) of title 5, United States Code, or section 7111(f)(4) of such title, be treated as if it had occurred pursuant to an election.
(3)Delegation.—
(A)In general.—The Federal Labor Relations Authority may delegate to any regional director (as referred to in section 7105(e) of title 5, United States Code) its authority under the preceding provisions of this subsection.
(B)Review.—Any action taken by a regional director under subparagraph
(A)shall be subject to review under the provisions of section 7105(f) of title 5, United States Code, in the same manner as if such action had been taken under section 7105(e) of such title, except that in the case of a decision not to certify, such review shall be required if application therefore is filed by an affected party within the time specified in such provisions.
(c)Definition.—For purposes of this section, the term “affected party” means—
(1)with respect to an exercise of authority by the Secretary of Agriculture under this section, any labor organization affected thereby; and
(2)the Department of Agriculture. Sec. 750. None of the funds appropriated or otherwise made available by this Act or any other Act shall be used for the implementation of a Support Services Bureau or similar organization. Sec. 751. Contracts for Procurement or Processing of Certain Commodities.
(a)Definitions.—In this section:
(1)Hubzone sole source contract.—The term “HUBZone sole source contract” means a sole source contract authorized by section 31 of the Small Business Act (15 U.S.C. 657a).
(2)Hubzone price evaluation preference.—The term “HUBZone price evaluation preference” means a price evaluation preference authorized by section 31 of the Small Business Act (15 U.S.C. 657a).
(3)Qualified hubzone small business concern.—The term “qualified HUBZone small business concern” has the meaning given the term in section 3(p) of the Small Business Act (15 U.S.C. 632(p)).
(4)Covered procurement.—The term “covered procurement” means a contract for the procurement or processing of a commodity furnished under title II or III of the Agricultural Trade Development and Assistance Act of 1954 (7 U.S.C. 1721 et seq.), section 416(b) of the Agricultural Act of 1949 (7 U.S.C. 1431(b)), the Food for Progress Act of 1985 (7 U.S.C. 1736o), or any other commodity procurement or acquisition by the Commodity Credit Corporation under any other law.
(b)Prohibition of Use of Funds.—None of the funds made available by this Act may be used:
(1)to award a HUBZone sole source contract or a contract awarded through full and open competition in combination with a HUBZone price evaluation preference to any qualified HUBZone small business concern in any covered procurement if performance of the contract by the business concern would 113 STAT. 1169exceed the production capacity of the business concern or would require the business concern to subcontract to any other company or enterprise for the purchase of the commodity being procured through the covered procurement; and
(2)in any contract awarded through full and open competition in any covered procurement—
(A)to fund a price evaluation preference greater than 5 percent if the dollar value of the contract awarded is not greater than 50 percent of the total dollar value being procured in a single tender for a commodity; or
(B)to fund any price evaluation preference at all if the dollar value of the contract awarded is greater than 50 percent of the total dollar value being procured in a single tender for a commodity. Sec. 752. Redesignation of National School Lunch Act as Richard B. Russell National School Lunch Act.
(a)In General.—The first section of the National School Lunch Act (42 U.S.C. 1751 note) is amended by striking “National School Lunch Act” and inserting “Richard B. Russell National School Lunch Act”.
(b)Conforming Amendments.—The following provisions of law are amended by striking “National School Lunch Act” each place it appears and inserting “Richard B. Russell National School Lunch Act”:
(1)Sections 3 and 13(3)(A) of the Commodity Distribution Reform Act and WIC Amendments of 1987 (7 U.S.C. 612c note; Public Law 100–237).
(2)Section 404 of the Agricultural Act of 1949 (7 U.S.C. 1424).
(3)Section 201(a) of the Act entitled “An Act to extend the Agricultural Trade Development and Assistance Act of 1954, and for other purposes”, approved September 21, 1959 (7 U.S.C. 1431c(a); 73 Stat. 610).
(4)Section 211(a) of the Agricultural Trade Suspension Adjustment Act of 1980 (7 U.S.C. 4004(a)).
(5)Section 245A(h)(4)(A) of the Immigration and Nationality Act (8 U.S.C. 1255a(h)(4)(A)).
(6)Sections 403(c)(2)(C), 422(b)(3), 423(d)(3), 741(a)(1), and 742 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1613(c)(2)(C), 1632(b)(3), 1183a note, 42 U.S.C. 1751 note, 8 U.S.C. 1615; Public Law 104–193).
(7)Section 2243(b) of title 10, United States Code.
(8)Sections 404B(g)(1)(A), 404D(c)(2), and 404F(a)(2) of the Higher Education Act of 1965 (20 U.S.C. 1070a–22(g)(1)(A), 1070a–24(c)(2), 1070a–26(a)(2); Public Law 105–244).
(9)Section 231(d)(3)(A)(i) of the Carl D. Perkins Vocational Education Act (20 U.S.C. 2341(d)(3)(A)(i)).
(10)Section 1113(a)(5) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6313(a)(5)).
(11)Section 1397E(d)(4)(A)(iv)(II) of the Internal Revenue Code of 1986.[26 USC 1397E](/us/usc/t26/s1397/E).
(12)Sections 254(b)(2)(B) and 263(a)(2)(C) of the Job Training Partnership Act (29 U.S.C. 1633(b)(2)(B), 1643(a)(2)(C)).
(13)Section 3803(c)(2)(C)(xiii) of title 31, United States Code.113 STAT. 1170
(14)Section 602(d)(9)(A) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 474(d)(9)(A)).
(15)Sections 2(4), 3(1), and 301 of the Healthy Meals for Healthy Americans Act of 1994 (42 U.S.C. 1751 note; Public Law 103–448).
(16)Sections 3, 4, 7, 10, 13, 16(b), 17, and 19(d) of the Child Nutrition Act of 1966 (42 U.S.C. 1772, 1773, 1776, 1779, 1782, 1785(b), 1786, 1788(d)).
(17)Section 6580(b)(3) of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858m(b)(3)).
(18)Subsection
(b)of the first section of Public Law 87–688 (48 U.S.C. 1666(b)).
(19)Section 10405(a)(2)(H) of the Omnibus Budget Reconciliation Act of 1989 (Public Law 101–239; 103 Stat. 2489). Sec. 753. Public Law 105–199 (112 Stat. 641) is amended in section 3(b)(1)(G) by striking “persons” and inserting “governors, who may be represented on the Commission by their respective designees,”. Sec. 754. Section 889 of the Federal Agriculture Improvement [42 USC 5121 note](/us/usc/t42/s5121).and Reform Act of 1996 is amended—
(1)in the heading, by inserting “HARRY K. DUPREE” before “STUTTGART”;
(2)in subsection (b)(1)—
(A)in the heading, by inserting “HARRY K. DUPREE” before “STUTTGART”; and
(B)in subparagraphs
(A)and (B), by inserting “Harry K. Dupree” before “Stuttgart National Aquaculture Research Center” each place it appears. Sec. 755. Tobacco Leasing and Information.
(a)Cross County Leasing.—Section 319(1) of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1314e(1)) is amended in the second sentence by inserting “, Ohio, Indiana, Kentucky,” after “Tennessee”.
(b)Tobacco Production and Marketing Information.—Part I of subtitle B of title III of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1311 et seq.) is amended by adding at the end the following: " “SEC. 320D.[7 USC 1314j](/us/usc/t7/s1314/j). TOBACCO PRODUCTION AND MARKETING INFORMATION. “(a) In General.—Notwithstanding any other provision of law, the Secretary may, subject to subsection (b), release marketing information submitted by persons relating to the production and marketing of tobacco to State trusts or similar organizations engaged in the distribution of national trust funds to tobacco producers and other persons with interests associated with the production of tobacco, as determined by the Secretary. “(b) Limitations.— “(1) In general.—Information may be released under subsection
(a)only to the extent that— “(A) the release is in the interest of tobacco producers, as determined by the Secretary; and “(B) the information is released to a State trust or other organization that is created to, or charged with, distributing funds to tobacco producers or other parties with an interest in tobacco production or tobacco farms under a national or State trust or settlement. “(2) Exemption from release.—The Secretary shall, to the maximum extent practicable, in advance of making a 113 STAT. 1171release of information under subsection (a), allow, by announcement, a period of at least 15 days for persons whose consent would otherwise be required by law to effectuate the release, to elect to be exempt from the release. “(c) Assistance.— “(1) In general.—In making a release under subsection (a), the Secretary may provide such other assistance with respect to information released under subsection
(a)as will facilitate the interest of producers in receiving the funds that are the subject of a trust described in subsection (a). “(2) Funds.—The Secretary shall use amounts made available for salaries and expenses of the Department to carry out paragraph (1). “(d) Records.— “(1) In general.—A person who obtains information described in subsection
(a)shall maintain records that are consistent with the purposes of the release and shall not use the records for any purpose not authorized under this section. “(2) Penalty.—A person who knowingly violates this subsection shall be fined not more than $10,000, imprisoned not more than 1 year, or both. “(e) Application.—This section shall not apply to— “(1) records submitted by cigarette manufacturers with respect to the production of cigarettes; “(2) records that were submitted as expected purchase intentions in connection with the establishment of national tobacco quotas; or “(3) records that aggregate the purchases of particular buyers.”. " Sec. 756. Notwithstanding section 306(a)(7) of the ConsolidatedNew Hampshire. Farm and Rural Development Act (7 U.S.C. 1926(a)(7)), the City of Berlin, New Hampshire, shall be eligible during fiscal year 2000 for a rural utilities grant or loan under the Rural Community Advancement Program. Sec. 757. Cranberry Marketing Orders.
(a)Paid Advertising for Cranberries and Cranberry Products.—Section 8c(6)(I) of the Agricultural Adjustment Act (7 U.S.C. 608c(6)(I)), reenacted with amendments by the Agricultural Marketing Agreement Act of 1937, is amended in the first proviso—
(1)by striking “or Florida grown strawberries” and inserting “, Florida grown strawberries, or cranberries”; and
(2)by striking “and Florida Indian River grapefruit” and inserting “Florida Indian River grapefruit, and cranberries”.
(b)Collection of Cranberry Inventory Data.—Section 8d of the Agricultural Adjustment Act (7 U.S.C. 608d), reenacted with amendments by the Agricultural Marketing Agreement Act of 1937, is amended by adding at the end the following: " “(3) Collection of cranberry inventory data.— “(A) In general.—If an order is in effect with respect to cranberries, the Secretary of Agriculture may require persons engaged in the handling or importation of cranberries or cranberry products (including producer-handlers, second handlers, processors, brokers, and importers) to provide such information as the Secretary considers necessary to effectuate the declared policy of this title, including information on acquisitions, inventories, and dispositions of cranberries and cranberry products.113 STAT. 1172 “(B) Delegation to Committee.—The Secretary may delegate the authority to carry out subparagraph
(A)to any committee that is responsible for administering an order covering cranberries. “(C)Applicability. Confidentiality.—Paragraph
(2)shall apply to information provided under this paragraph. “(D) Violations.—Any person who violates this paragraph shall be subject to the penalties provided under section 8c(14).”. " Sec. 758.Effective date.[7 USC 2025](/us/usc/t7/s2025). Beginning in fiscal year 2001 and thereafter, the Food Stamp Act (Public Law 95–113, section 16(a)) is amended by inserting after the phrase “Indian reservation under section 11(d) of this Act” the following new phrase: “or in a Native village within the State of Alaska identified in section 11(b) of Public Law 92–203, as amended.”. Sec. 759.[7 USC 3242](/us/usc/t7/s3242). Education Grants to Alaska Native Serving Institutions and Native Hawaiian Serving Institutions.
(a)Education Grants Program for Alaska Native Serving Institutions.—
(1)Grant authority.—The Secretary of Agriculture may make competitive grants (or grants without regard to any requirement for competition) to Alaska Native serving institutions for the purpose of promoting and strengthening the ability of Alaska Native serving institutions to carry out education, applied research, and related community development programs.
(2)Use of grant funds.—Grants made under this section shall be used—
(A)to support the activities of consortia of Alaska Native serving institutions to enhance educational equity for under represented students;
(B)to strengthen institutional educational capacities, including libraries, curriculum, faculty, scientific instrumentation, instruction delivery systems, and student recruitment and retention, in order to respond to identified State, regional, national, or international educational needs in the food and agriculture sciences;
(C)to attract and support undergraduate and graduate students from under represented groups in order to prepare them for careers related to the food, agricultural, and natural resource systems of the United States, beginning with the mentoring of students at the high school level including by village elders and continuing with the provision of financial support for students through their attainment of a doctoral degree; and
(D)to facilitate cooperative initiatives between two or more Alaska Native serving institutions, or between Alaska Native serving institutions and units of State government or the private sector, to maximize the development and use of resources, such as faculty, facilities, and equipment, to improve food and agricultural sciences teaching programs.
(3)Authorization of appropriations.—There are authorized to be appropriated to make grants under this subsection $10,000,000 in fiscal years 2001 through 2006.
(b)Education Grants Program for Native Hawaiian Serving Institutions.—113 STAT. 1173
(1)Grant authority.—The Secretary of Agriculture may make competitive grants (or grants without regard to any requirement for competition) to Native Hawaiian serving institutions for the purpose of promoting and strengthening the ability of Native Hawaiian serving institutions to carry out education, applied research, and related community development programs.
(2)Use of grant funds.—Grants made under this section shall be used—
(A)to support the activities of consortia of Native Hawaiian serving institutions to enhance educational equity for under represented students;
(B)to strengthen institutional educational capacities, including libraries, curriculum, faculty, scientific instrumentation, instruction delivery systems, and student recruitment and retention, in order to respond to identified State, regional, national, or international educational needs in the food and agriculture sciences;
(C)to attract and support undergraduate and graduate students from under represented groups in order to prepare them for careers related to the food, agricultural, and natural resource systems of the United States, beginning with the mentoring of students at the high school level and continuing with the provision of financial support for students through their attainment of a doctoral degree; and
(D)to facilitate cooperative initiatives between two or more Native Hawaiian serving institutions, or between Native Hawaiian serving institutions and units of State government or the private sector, to maximize the development and use of resources, such as faculty, facilities, and equipment, to improve food and agricultural sciences teaching programs.
(3)Authorization of appropriations.—There are authorized to be appropriated to make grants under this subsection $10,000,000 for each of fiscal years 2001 through 2006. Sec. 760. Effective October 1, 1999, section 8c(11) of the AgriculturalEffective date. Adjustment Act (7 U.S.C. 608c(11)), reenacted with amendments by the Agricultural Marketing Agreement Act of 1937, is amended by adding at the end the following: “The price of milk paid by a handler at a plant operating in Clark County, Nevada shall not be subject to any order issued under this section.”. Sec. 761. Notwithstanding any other provision of law, theNew York. City of Olean, New York, shall be eligible for grants and loans administered by the Rural Utilities Service. Sec. 762. Notwithstanding any other provision of law, thePuerto Rico. Municipality of Carolina, Puerto Rico shall be eligible for grants and loans administered by the Rural Utilities Service. Sec. 763. Section 1232(a) of the Food Security Act of 1985 (16 U.S.C. 3832(a)) is amended—
(1)in paragraph (9), by adding “and” after the semicolon at the end;
(2)in paragraph (10), by striking “; and” and inserting a period; and
(3)by striking paragraph (11). Sec. 764. None of the funds made available by this or any other Act shall be used to implement Notice CRP–338, issued by the Farm Service Agency on March 10, 1999, nor shall funds be 113 STAT. 1174used to implement any related administrative action including implementation of such procedures published in Farm Service Agency program manuals: *Provided,* That rental payments for any lands enrolled in the Conservation Reserve Program under this section shall be reduced by an amount equal to the Federal cost of any remaining value of a federally cost-shared conservation practice as determined by the Secretary. Sec. 765. None of the funds made available by this or any other Act shall be used to implement Notice CRP–327, issued by the Farm Service Agency on October 26, 1998, nor shall funds be used to implement any related administrative action including implementation of such procedures published in Farm Service Agency program manuals: *Provided,* That this section shall not apply to any lands for which there is not full compliance with the conservation practices required under terms of the CRP contract. Sec. 766.Federal buildings, and facilities. The Federal facility located in Riverside, California, and known as the “U.S. Salinity Laboratory”, shall be known and designated as the “George E. Brown, Jr., Salinity Laboratory”: *Provided,* That any reference in any law, map, regulation, document, paper, or other record of the United States to such Federal facility shall be deemed to be a reference to the “George E. Brown, Jr., Salinity Laboratory”. Sec. 767. Sections 657, 658, 1006, and 1014 of title 18, United States Code, are amended by—
(1)inserting “or successor agency” after “Farmers Home Administration” each place it appears; and
(2)inserting “or successor agency” after “Rural Development Administration” each place it appears. Sec. 768.Alaska. Notwithstanding any other provision of law, the maximum income limits established for single family housing for families and individuals in the high cost areas of Alaska shall be 150 percent of the State metropolitan income level for Alaska. Sec. 769.[16 USC 3832](/us/usc/t16/s3832). Section 1232(a)(7) of the Food Security Act of 1985 is amended—
(1)by striking “except that the Secretary may permit harvesting” and inserting “except that the Secretary— " “(A) may permit— “(i) harvesting”; "
(2)by striking “emergency, and the Secretary may permit limited” and inserting “emergency” and " “(ii) limited”; "
(3)by inserting “and” after the semicolon at the end; and
(4)by adding at the end the following: " “(B) shall approve not more than six projects, no more than one of which may be in any State, under which land subject to the contract may be harvested for recovery of biomass used in energy production if— “(i) no acreage subject to the contract is harvested more than once every other year; “(ii) not more than 25 percent of the total acreage enrolled in the program under this subchapter in any crop reporting district (as designated by the Secretary), is harvested in any 1 year; “(iii) no portion of the crop is used for any commercial purpose other than energy production from biomass;113 STAT. 1175 “(iv) no wetland, or acreage of any type enrolled in a partial field conservation practice (including riparian forest buffers, filter strips, and buffer strips), is harvested; “(v) the owner or operator agrees to a payment reduction under this section in an amount determined by the Secretary. “(C) the total acres for all of the projects shall not exceed 250,000 acres.”. " TITLE VIII—EMERGENCY AND DISASTER ASSISTANCE FOR PRODUCERS Subtitle A—Crop and Market Loss Assistance[7 USC 1421 note](/us/usc/t7/s1421). SEC. 801. CROP LOSS ASSISTANCE.
(a)In General.—The Secretary of Agriculture (referred to in this title as the “Secretary”) shall use $1,200,000,000 of funds of the Commodity Credit Corporation to make emergency financial assistance available to producers on a farm that have incurred losses in a 1999 crop due to a disaster, as determined by the Secretary.
(b)Administration.—The Secretary shall make assistance available under this section in the same manner as provided under section 1102 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), including using the same loss thresholds as were used in administering that section.
(c)Qualifying Losses.—Assistance under this section may be made for losses associated with crops that are, as determined by the Secretary—
(1)quantity losses;
(2)quality losses; or
(3)severe economic losses due to damaging weather or related condition.
(d)Crops Covered.—Assistance under this section shall be applicable to losses for all crops (including losses of trees from which a crop is harvested, livestock, and fisheries), as determined by the Secretary, due to disasters.
(e)Crop Insurance.—In carrying out this section, the Secretary shall not discriminate against or penalize producers on a farm that have purchased crop insurance under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.).
(f)Rice Loan Deficiency Payments.—In the case of producers of the 1999 crop of rice that harvested such rice on or before August 4, 1999, the Secretary may use funds made available under this section to—
(1)make loan deficiency payments to producers that received, or that were eligible to receive, such payments under section 135 of the Agricultural Market Transition Act (7 U.S.C. 7235) in a manner that results in the same total payment that would have been made if the payment had been requested by the producers on August 5, 1999; and113 STAT. 1176
(2)recalculate any repayment made for a marketing assistance loan for the 1999 crop of rice on or before August 4, 1999, as if the repayment had been made on August 5, 1999.
(g)Honey Recourse Loans.—
(1)In general.—Notwithstanding any other provision of law, in order to assist producers of honey to market their honey in an orderly manner during a period of disastrously low prices, the Secretary may use funds made available under this section to make available recourse loans to producers of the 1999 crop of honey on fair and reasonable terms and conditions, as determined by the Secretary.
(2)Loan rate.—The loan rate of the loans shall be 85 percent of the average price of honey during the 5-crop year period preceding the 1999 crop year, excluding the crop year in which the average price of honey was the highest and the crop year in which the average price of honey was the lowest in the period.
(h)Recourse Loans for Mohair.—
(1)In general.—Subject to paragraph
(2)and notwithstanding any other provision of law, during fiscal year 2000, the Secretary may use funds made available under this section to make recourse loans available in accordance with section 137(c) of the Agricultural Market Transition Act (7 U.S.C. 7237(c)) to producers of mohair produced during or before that fiscal year.
(2)Interest.—Section 137(c)(4) of that Act shall not apply to a loan made under paragraph (1). SEC. 802.[7 USC 1421 note](/us/usc/t7/s1421). MARKET LOSS ASSISTANCE.
(a)Assistance Authorized.—The Secretary shall use not more than $5,544,453,000 of funds of the Commodity Credit Corporation to provide assistance to owners and producers on a farm that are eligible for final payments for fiscal year 1999 under a production flexibility contract for the farm under the Agricultural Market Transition Act (7 U.S.C. 7201 et seq.).
(b)Amount.—The amount of assistance made available to owners and producers on a farm under this section shall be proportionate to the amount of the contract payment received by the owners and producers for fiscal year 1999 under a production flexibility contract for the farm under the Agricultural Market Transition Act.
(c)Protection of Tenants and Sharecroppers; Sharing of Payments.—Sections 111(c) and 114(g) of the Agricultural Market Transition Act (7 U.S.C. 7211(c), 7214(g)) shall apply to the payments made under subsection (a). SEC. 803.[7 USC 1421 note](/us/usc/t7/s1421). SPECIALTY CROPS.
(a)Peanuts.—
(1)In general.—The Secretary shall use such amounts as are necessary of funds of the Commodity Credit Corporation to provide payments to producers of quota peanuts or additional peanuts to partially compensate the producers for continuing low commodity prices, and increasing costs of production, for the 1999 crop year.
(2)Amount.—The amount of a payment made to producers on a farm of quota peanuts or additional peanuts under paragraph
(1)shall be equal to the product obtained by multiplying—113 STAT. 1177
(A)the quantity of quota peanuts or additional peanuts produced or considered produced by the producers; and
(B)an amount equal to 5 percent of the loan rate established for quota peanuts or additional peanuts, respectively, under section 155 of the Agricultural Market Transition Act (7 U.S.C. 7271).
(b)Condition on Payment of Salaries and Expenses.—None of the funds appropriated or otherwise made available by this Act or any other Act may be used to pay the salaries and expenses of personnel of the Department of Agriculture to carry out or enforce section 156(f) of the Agricultural Market Transition Act (7 U.S.C. 7272(f)) through fiscal year 2001.
(c)Tobacco.—
(1)In general.—The Secretary shall use $328,000,000 of funds of the Commodity Credit Corporation to make payments to States on behalf of persons described in paragraph
(2)for the reduction in the quantity of quota allotted to certain farms under part I of subtitle B of title III of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1311 et seq.) from the 1998 crop year to the 1999 crop year.
(2)Eligible persons.—To be eligible to receive a payment under paragraphs
(1)through (5), a person must own or operate, or produce tobacco on, a farm—
(A)for which the quantity of quota allotted to the farm under part I of subtitle B of title III of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1311 et seq.) was reduced from the 1998 crop year to the 1999 crop year; and
(B)that was used for the production of tobacco during the 1998 or 1999 crop year.
(3)Allocation to states.—The Secretary shall allocate funds made available under paragraph
(1)to States with eligible persons described in paragraph
(2)in proportion to the relative quantity of quota allotted to farms in the States that was reduced from the 1998 crop year to the 1999 crop year.
(4)Distribution by states.—
(A)In general.—In the case of a State described in paragraph
(3)that is a party to the National Tobacco Grower Settlement Trust, the State shall distribute funds made available under paragraph
(3)to eligible persons in the State in accordance with the formulas established pursuant to the Trust.
(B)Other states.—Subject to the approval of the Secretary, in the case of a State described in paragraph
(3)that is not a party to the National Tobacco Grower Settlement Trust, the State shall distribute funds made available under paragraph
(3)to eligible persons in the State in a manner determined by the State.
(5)Alternative distribution.—In lieu of making payments under this subsection to States, the Secretary may distribute funds directly to eligible persons using the facilities of private disbursing agents, facilities of the Farm Service Agency, or other available facilities.
(6)Flue-cured tobacco.—
(A)Limitation on quantity of allotment leased or sold.—Section 316(e) of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1316(e)) is amended—[7 USC 1314b](/us/usc/t7/s1314/b).113 STAT. 1178
(i)in paragraph (1), by striking “farm or, in” and all that follows through “; *Provided,* That in” and inserting “farm. In”;
(ii)by redesignating paragraph
(2)as paragraph (3); and
(iii)by inserting after paragraph
(1)the following: " “(2) Paragraph
(1)shall not apply to flue-cured tobacco.”. "
(B)Transfers of quota or allotment across county lines in a state.—Section 316(g) of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1314b(g)) is amended by adding at the end the following: " “(3) Transfers Allowed by Referendum.— “(A) Referendum.—On the request of at least 25 percent of the active flue-cured tobacco producers within a State, the Secretary shall conduct a referendum of the active flue-cured tobacco producers within the State to determine whether the producers favor or oppose permitting the sale of a flue-cured tobacco allotment or quota from a farm in a State to any other farm in the State. “(B) Approval.—If the Secretary determines that a majority of the active flue-cured tobacco producers voting in the referendum approves permitting the sale of a flue-cured tobacco allotment or quota from a farm in the State to any other farm in the State, the Secretary shall permit the sale of a flue-cured tobacco allotment or quota from a farm in the State to any other farm in the State.”. "
(C)Same grower in contiguous counties.—Section 379(b) of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1379(b)) is amended by inserting “or flue-cured” after “Burley”. SEC. 804.[7 USC 1421 note](/us/usc/t7/s1421). OILSEEDS.
(a)In General.—The Secretary shall use $475,000,000 of funds of the Commodity Credit Corporation to make payments to producers of the 1999 crop of oilseeds that are eligible to obtain a marketing assistance loan under section 131 of the Agricultural Market Transition Act (7 U.S.C. 7231).
(b)Computation.—A payment to producers on a farm under this section for an oilseed shall be equal to the product obtained by multiplying—
(1)a payment rate determined by the Secretary;
(2)the acreage of the producers on the farm for the oilseed, as determined under subsection (c); and
(3)the yield of the producers on the farm for the oilseed, as determined under subsection (d).
(c)Acreage.—
(1)In general.—Except as provided in paragraph (2), the acreage of the producers on the farm for an oilseed under subsection (b)(2) shall be equal to the greater of—
(A)the number of acres planted to the oilseed by the producers on the farm during the 1997 crop year, as reported by the producers on the farm to the Secretary (including any acreage reports that are filed late); or
(B)the number of acres planted to the oilseed by the producers on the farm during the 1998 crop year, as reported by the producers on the farm to the Secretary (including any acreage reports that are filed late).113 STAT. 1179
(2)New producers.—In the case of producers on a farm that planted acreage to an oilseed during the 1999 crop year but not the 1997 or 1998 crop year, the acreage of the producers for the oilseed under subsection (b)(2) shall be equal to the number of acres planted to the oilseed by the producers on the farm during the 1999 crop year, as reported by the producers on the farm to the Secretary (including any acreage reports that are filed late).
(d)Yield.—
(1)Soybeans.—Except as provided in paragraph (3), in the case of soybeans, the yield of the producers on a farm under subsection (b)(3) shall be equal to the greatest of—
(A)the average county yield per harvested acre for each of the 1994 through 1998 crop years, excluding the crop year with the highest yield per harvested acre and the crop year with the lowest yield per harvested acre;
(B)the actual yield of the producers on the farm for the 1997 crop year; or
(C)the actual yield of the producers on the farm for the 1998 crop year.
(2)Other oilseeds.—Except as provided in paragraph (3), in the case of oilseeds other than soybeans, the yield of the producers on a farm under subsection (b)(3) shall be equal to the greatest of—
(A)the average national yield per harvested acre for each of the 1994 through 1998 crop years, excluding the crop year with the highest yield per harvested acre and the crop year with the lowest yield per harvested acre;
(B)the actual yield of the producers on the farm for the 1997 crop year; or
(C)the actual yield of the producers on the farm for the 1998 crop year.
(3)New producers.—In the case of producers on a farm that planted acreage to an oilseed during the 1999 crop year but not the 1997 or 1998 crop year, the yield of the producers on a farm under subsection (b)(3) shall be equal to the greater of—
(A)the average county yield per harvested acre for each of the 1994 through 1998 crop years, excluding the crop year with the highest yield per harvested acre and the crop year with the lowest yield per harvested acre; or
(B)the actual yield of the producers on the farm for the 1999 crop.
(4)Data source.—To the maximum extent available, the Secretary shall use data provided by the National Agricultural Statistics Service to carry out this subsection. SEC. 805. LIVESTOCK AND DAIRY.[7 USC 1421 note](/us/usc/t7/s1421). The Secretary shall use $325,000,000 of funds of the Commodity Credit Corporation to provide assistance directly to livestock and dairy producers, in a manner determined appropriate by the Secretary, to compensate the producers for economic losses incurred during 1999. SEC. 806. UPLAND COTTON.[7 USC 1421 note](/us/usc/t7/s1421).
(a)In General.—Section 136(a) of the Agricultural Market Transition Act (7 U.S.C. 7236(a)) is amended—113 STAT. 1180
(1)in paragraph (1), by striking “or cash payments” and inserting “or cash payments, at the option of the recipient,”;
(2)by striking “3 cents per pound” each place it appears and inserting “1.25 cents per pound”;
(3)in paragraph (3)—
(A)in the first sentence of subparagraph (A), by striking “owned by the Commodity Credit Corporation in such manner, and at such price levels, as the Secretary determines will best effectuate the purposes of cotton user marketing certificates” and inserting “owned by the Commodity Credit Corporation or pledged to the Commodity Credit Corporation as collateral for a loan in such manner, and at such price levels, as the Secretary determines will best effectuate the purposes of cotton user marketing certificates, including enhancing the competitiveness and marketability of United States cotton”; and
(B)in subparagraph (B), by striking the second sentence; and
(4)by striking paragraph (4).
(b)Ensuring the Availability of Upland Cotton.—Section 136(b) of the Agricultural Market Transition Act (7 U.S.C. 7236(b)) is amended—
(1)by striking paragraph
(1)and inserting the following: " “(1) Establishment.— “(A)President. In general.—The President shall carry out an import quota program during the period ending July 31, 2003, as provided in this subsection. “(B) Program requirements.—Except as provided in subparagraph (C), whenever the Secretary determines and announces that for any consecutive 4-week period, the Friday through Thursday average price quotation for the lowest-priced United States growth, as quoted for Middling
(M)1 3/32-inch cotton, delivered C.I.F. Northern Europe, adjusted for the value of any certificate issued under subsection (a), exceeds the Northern Europe price by more than 1.25 cents per pound, there shall immediately be in effect a special import quota. “(C) Tight domestic supply.—During any month for which the Secretary estimates the season-ending United States upland cotton stocks-to-use ratio, as determined under subparagraph (D), to be below 16 percent, the Secretary, in making the determination under subparagraph (B), shall not adjust the Friday through Thursday average price quotation for the lowest-priced United States growth, as quoted for Middling
(M)1 3/32-inch cotton, delivered C.I.F. Northern Europe, for the value of any certificates issued under subsection (a). “(D) Season-ending united states stocks-to-use ratio.—For the purposes of making estimates under subparagraph (C), the Secretary shall, on a monthly basis, estimate and report the season-ending United States upland cotton stocks-to-use ratio, excluding projected raw cotton imports but including the quantity of raw cotton that has been imported into the United States during the marketing year.”; and "
(2)by adding at the end the following:113 STAT. 1181 " “(7) Limitation.—The quantity of cotton entered into the United States during any marketing year under the special import quota established under this subsection may not exceed the equivalent of 5 week’s consumption of upland cotton by domestic mills at the seasonally adjusted average rate of the 3 months immediately preceding the first special import quota established in any marketing year.”. " SEC. 807. MILK[7 USC 1421 note](/us/usc/t7/s1421).
(a)In General.—Section 141 of the Agricultural Market Transition Act (7 U.S.C. 7251) is amended—
(1)in subsection (b)(4), by striking “calendar year 1999” and inserting “each of calendar years 1999 and 2000”; and
(2)in subsection (h), by striking “1999” each place it appears and inserting “2000”.
(b)Conforming Amendment.—Section 142(e) of the Agricultural Market Transition Act (7 U.S.C. 7252(e)) is amended by striking “2000” and inserting “2001”. Subtitle B—Other Assistance SEC. 811. AUTHORITY FOR ADVANCE PAYMENT IN FULL OF REMAINING PAYMENTS UNDER PRODUCTION FLEXIBILITY CONTRACTS.[7 USC 1421 note](/us/usc/t7/s1421). Section 112(d)(3) of the Agricultural Market Transition Act (7 U.S.C. 7212(d)(3)) is amended—
(1)in the paragraph heading, by striking “for fiscal year 1999”; and
(2)by striking “for fiscal year 1999” and inserting “for any of fiscal years 1999 through 2002”. SEC. 812. COMMODITY CERTIFICATES.[7 USC 1421 note](/us/usc/t7/s1421). Subtitle E of the Agricultural Market Transition Act (7 U.S.C. 7281 et seq.) is amended by adding at the end the following: " “SEC. 166. COMMODITY CERTIFICATES.[7 USC 7286](/us/usc/t7/s7286). “(a) In General.—In making in-kind payments under subtitle C, the Commodity Credit Corporation may— “(1) acquire and use commodities that have been pledged to the Commodity Credit Corporation as collateral for loans made by the Corporation; “(2) use other commodities owned by the Commodity Credit Corporation; and “(3) redeem negotiable marketing certificates for cash under terms and conditions established by the Secretary. “(b) Methods of Payment.—The Commodity Credit Corporation may make in-kind payments— “(1) by delivery of the commodity at a warehouse or other similar facility; “(2) by the transfer of negotiable warehouse receipts; “(3) by the issuance of negotiable certificates, which the Commodity Credit Corporation shall exchange for a commodity owned or controlled by the Corporation in accordance with regulations promulgated by the Corporation; or “(4) by such other methods as the Commodity Credit Corporation determines appropriate to promote the efficient, equitable, and expeditious receipt of the in-kind payments so that 113 STAT. 1182a person receiving the payments receives the same total return as if the payments had been made in cash. “(c) Administration.— “(1) Form.—At the option of a producer, the Commodity Credit Corporation shall make negotiable certificates authorized under subsection (b)(3) available to the producer, in the form of program payments or by sale, in a manner that the Corporation determines will encourage the orderly marketing of commodities pledged as collateral for loans made to producers under subtitle C. “(2) Transfer.—A negotiable certificate issued in accordance with this subsection may be transferred to another person in accordance with regulations promulgated by the Secretary.”. " SEC. 813.[7 USC 1421 note](/us/usc/t7/s1421). LIMITATION ON MARKETING LOAN GAINS AND LOAN DEFICIENCY PAYMENTS.
(a)In General.—Notwithstanding section 1001(2) of the Food Security Act of 1985 (7 U.S.C. 1308(1)), the total amount of the payments specified in section 1001(3) of that Act that a person shall be entitled to receive under the Agricultural Market Transition Act (7 U.S.C. 7201 et seq.) for one or more contract commodities and oilseeds produced during the 1999 crop year may not exceed $150,000.
(b)1999 Marketings.—In carrying out subsection (a), the Secretary shall allow a producer that has marketed a quantity of an eligible 1999 crop for which the producer has not received a loan deficiency payment or marketing loan gain under section 134 or 135 of the Agricultural Market Transition Act (7 U.S.C. 7234, 7235) to receive such payment or gain as of the date on which the quantity was marketed or redeemed, as determined by the Secretary. SEC. 814.[7 USC 1421 note](/us/usc/t7/s1421). ASSISTANCE FOR PURCHASE OF ADDITIONAL CROP INSURANCE COVERAGE. The Secretary shall transfer $400,000,000 of funds of the Commodity Credit Corporation to the Federal Crop Insurance Corporation to be used to assist agricultural producers in purchasing additional coverage for the 2000 crop year under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.). SEC. 815.Oklahoma.[7 USC 1421 note](/us/usc/t7/s1421). FORGIVENESS OF CERTAIN WATER AND WASTE DISPOSAL LOANS. The Secretary shall forgive the principal indebtedness and accrued interest owed by the City of Stroud, Oklahoma, to the Rural Utilities Service on water and waste disposal loans numbered 9105 and 9107. SEC. 816.[7 USC 1421 note](/us/usc/t7/s1421). NATIONAL SHEEP INDUSTRY IMPROVEMENT CENTER
(a)Definitions.—Section 375(a) of the Consolidated Farm and Rural Development Act (7 U.S.C. 2008j(a)) is amended by adding at the end the following: " “(5) Intermediary.—The term ‘intermediary’ means a financial institution receiving Center funds for establishing a revolving fund and relending to an eligible entity.”. "
(b)Revolving Fund.—Section 375(e) of the Consolidated Farm and Rural Development Act (7 U.S.C. 2008j(e)) is amended—
(1)in paragraph (3)—113 STAT. 1183
(A)by striking subparagraph
(A)and inserting the following: " “(A) In general.—The Center may use amounts in the Fund to make direct loans, loan guarantees, cooperative agreements, equity interests, investments, repayable grants, and grants to eligible entities, either directly or through an intermediary, in accordance with a strategic plan submitted under subsection (d).”; "
(B)in subparagraph (B), by adding at the end the following: “The Fund is intended to furnish the initial capital for a revolving fund that will eventually be privatized for the purposes of assisting the United States sheep and goat industries.”;
(C)by striking subparagraph (D);
(D)by striking subparagraph
(E)and inserting the following: " “(E) Administration.—The Center may not use more than 3 percent of the amounts in the portfolio of the Center for each fiscal year for the administration of the Center. The portfolio shall be calculated at the beginning of each fiscal year and shall include a total of— “(i) all outstanding loan balances; “(ii) the Fund balance; “(iii) the outstanding balance to intermediaries; and “(iv) the amount the Center paid for all equity interests.”; "
(E)in subparagraph (H)—
(i)in clause (v), by striking “or” at the end;
(ii)in clause (vi), by striking the period at the end and inserting “; or”; and
(iii)by adding at the end the following: " “(vii) purchase equity interests.”; and "
(F)by redesignating subparagraphs
(E)through
(H)as subparagraphs
(D)through (G), respectively; and
(2)in paragraph (6), by striking subparagraph (D).
(c)Board of Directors.—Section 375(f) of the Consolidated Farm and Rural Development Act (7 U.S.C. 2008j(f)) is amended—
(1)in paragraph (2), by striking subparagraph
(B)and inserting the following: " “(B) review any contract, direct loan, loan guarantee, cooperative agreement, equity interest, investment, repayable grant, and grant to be made or entered into by the Center and any financial assistance provided to the Center;”; "
(2)in paragraph (5), by striking subparagraph
(C)and inserting the following: " “(C) Reappointment.—A voting member may be reappointed for not more than one additional term.”; and "
(3)in paragraph (6), by striking subparagraph
(B)and inserting the following: " “(B) Reappointment.—A voting member appointed to fill a vacancy for an unexpired term may be reappointed for one full term.”. "
(d)Privatization.—Section 375 of the Consolidated Farm and Rural Development Act (7 U.S.C. 2008j) is amended by adding at the end the following:113 STAT. 1184 " “(j) Privatization.— “(1) In general.—Privatization of a revolving fund for the purposes of assisting the United States sheep and goat industries shall occur on the earlier of— “(A) September 30, 2006; or “(B) the date as of which a total of $30,000,000 has been appropriated for the Center under subsection (e)(6)(C). “(2) Privatization proposal.—On privatization of a revolving fund in accordance with paragraph (1), the Board shall submit to the Secretary, for approval, a privatization proposal that— “(A) delineates a private successor entity to the Center; and “(B) establishes a transition plan. “(3) Private successor entity.—The private successor entity shall— “(A) have the purposes described in subsection (c); “(B) be organized under the laws of one of the States; and “(C) be able to continue the activities of the Center. “(4) Transition plan.—The transition plan shall— “(A) identify any continuing role of the Federal Government with respect to the Center; “(B) provide for the transfer of all Center assets and liabilities to the private successor entity; and “(C) delineate the status of the Board and employees of the Center. “(5) Implementation.— “(A) In general.—On approval by the Secretary of the private successor entity and the transition plan, the Center shall create the private successor entity and implement the transition plan. “(B) Authority.—The Secretary shall have all necessary authority to implement the transition plan. “(6) Transfer of funds.—On creation of the private successor entity, all funds held by the Department of the Treasury pursuant to this section shall be transferred to the private successor entity. “(7) Repeal.—On the date the Secretary publishes notice in the Federal Register that the transition plan is complete, this section is repealed.”. " SEC. 817.[7 USC 1421 note](/us/usc/t7/s1421). FISHERIES. (a)Alaska. Norton Sound Fisheries Failure.—
(1)Income eligibility.—Section 763(a) of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1999 (112 Stat. 2681–36), is amended by striking “federal poverty level” and inserting “income eligibility level established for Alaska under the temporary assistance to needy families
(TANF)program funded under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.)”.
(2)Emergency assistance.—Section 1124 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1999 (112 Stat. 2681–45), is amended by inserting before the period at the end the following: “or a fisheries failure in the Norton Sound region 113 STAT. 1185of Alaska that has resulted in the closure of commercial and subsistence fisheries to persons that depend on fish as their primary source of food and income”.
(3)Appropriation.—
(A)In general.—In addition to amounts appropriated or otherwise made available by this Act, there is appropriated to the Department of Agriculture for fiscal year 2001, out of any money in the Treasury not otherwise appropriated, $15,000,000, to remain available until expended, to provide emergency disaster assistance to persons or entities affected by the 1999 fisheries failure in the Norton Sound region of Alaska.
(B)Transfer.—To carry out this paragraph, the Secretary shall transfer to the Secretary of Commerce for obligation and expenditure—
(i)$10,000,000 for fiscal year 2001 for grants under section 209 of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3149); and
(ii)$5,000,000 for fiscal year 2001 for carrying out section 312 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1861a).
(b)Commercial Fisheries Failure.—
(1)In general.—In addition to amounts appropriated or otherwise made available by this Act, there is appropriated to the Department of Agriculture for fiscal year 2001, out of any money in the Treasury not otherwise appropriated, $15,000,000, to remain available until expended, which shall be transferred to the Department of Commerce to provide emergency disaster assistance for the commercial fishery failure under section 308(b)(1) of the Interjurisdictional Fisheries Act of 1986 (16 U.S.C. 4107(b)(1)) with respect to Northeast multispecies fisheries.
(2)Use.—Amounts made available under this subsection shall be used to support cooperative research and management activities administered by the National Marine Fisheries Services and based on recommendations by the New England Fishery Management Council. SEC. 818.[7 USC 1421 note](/us/usc/t7/s1421). SENSE OF THE CONGRESS REGARDING FAST-TRACK AUTHORITY AND FUTURE WORLD TRADE ORGANIZATION NEGOTIATIONS. It is the sense of the Congress that—
(1)the President should make a formal request for appropriate fast-track authority for future United States trade negotiations;
(2)regarding future World Trade Organization negotiations—
(A)rules for trade in agricultural commodities should be strengthened and trade-distorting import and export practices should be eliminated or substantially reduced;
(B)the rules of the World Trade Organization should be strengthened regarding the practices or policies of a foreign government that unreasonably—
(i)restrict market access for products of new technologies, including products of biotechnology; or113 STAT. 1186
(ii)delay or preclude implementation of a report of a dispute panel of the World Trade Organization; and
(C)negotiations within the World Trade Organization should be structured so as to provide the maximum leverage possible to ensure the successful conclusion of negotiations on agricultural products;
(3)the President should—
(A)conduct a comprehensive evaluation of all existing export and food aid programs, including—
(i)the export credit guarantee program established under section 202 of the Agricultural Trade Act of 1978 (7 U.S.C. 5622);
(ii)the market access program established under section 203 of that Act (7 U.S.C. 5623);
(iii)the export enhancement program established under section 301 of that Act (7 U.S.C. 5651);
(iv)the foreign market development cooperator program established under section 702 of that Act (7 U.S.C. 5722); and
(v)programs established under the Agricultural Trade Development and Assistance Act of 1954 (7 U.S.C. 1691 et seq.); and
(B)transmit to Congress—
(i)the results of the evaluation under subparagraph (A); and
(ii)recommendations on maximizing the effectiveness of the programs described in subparagraph (A); and
(4)the Secretary should carry out a purchase and donation or concessional sales initiative in each of fiscal years 1999 and 2000 to promote the export of additional quantities of soybeans, beef, pork, poultry, and products of such commodities (including soybean meal, soybean oil, textured vegetable protein, and soy protein concentrates and isolates) using programs established under—
(A)the Commodity Credit Corporation Charter Act (15 U.S.C. 714 et seq.);
(B)section 416 of the Agricultural Act of 1949 (7 U.S.C. 1431);
(C)titles I and II of the Agricultural Trade Development and Assistance Act of 1954 (7 U.S.C. 1701 et seq.); and
(D)the Food for Progress Act of 1985 (7 U.S.C. 1736o). Subtitle C—Administration SEC. 821.[7 USC 1421 note](/us/usc/t7/s1421). COMMODITY CREDIT CORPORATION. The Secretary shall use the funds, facilities, and authorities of the Commodity Credit Corporation to carry out this title. SEC. 822.[7 USC 1421 note](/us/usc/t7/s1421). ADMINISTRATIVE COSTS.
(a)Reservation of Funds.—Subject to subsections
(b)and (c), the Secretary may reserve up to $56,000,000 of the amounts made available under subtitle A to cover administrative costs 113 STAT. 1187incurred by the Farm Service Agency directly related to carrying out that subtitle.
(b)Proportional Reservation.—The amount reserved by the Secretary from the amounts made available under each section of subtitle A (other than section 802) shall bear the same proportion to the total amount reserved under subsection
(a)as the administrative costs incurred by the Farm Service Agency to carry out that section (other than section 802) bear to the total administrative costs incurred by the Farm Service Agency to carry out that subtitle (other than section 802).
(c)Exception for Market Loss Assistance.—The Secretary may not reserve any portion of the amount made available under section 802 to pay administrative costs. SEC. 823. EMERGENCY REQUIREMENT.[7 USC 1421 note](/us/usc/t7/s1421). The entire amount necessary to carry out this title and the amendments made by this title shall be available only to the extent that an official budget request for the entire amount, that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of such Act. SEC. 824. REGULATIONS.[7 USC 1421 note](/us/usc/t7/s1421).
(a)Promulgation.—As soon as practicable after the date of the enactment of this Act, the Secretary and the Commodity Credit Corporation, as appropriate, shall promulgate such regulations as are necessary to implement subtitle A and the amendments made by subtitle A. The promulgation of the regulations and administration of subtitle A shall be made without regard to—
(1)the notice and comment provisions of section 553 of title 5, United States Code;
(2)the Statement of Policy of the Secretary of Agriculture effective July 24, 1971 (36 Fed. Reg. 13804), relating to notices of proposed rulemaking and public participation in rulemaking; and
(3)chapter 35 of title 44, United States Code (commonly known as the “Paperwork Reduction Act”).
(b)Congressional Review of Agency Rulemaking.—In carrying out this section, the Secretary shall use the authority provided under section 808 of title 5, United States Code. SEC. 825. LIVESTOCK AND DAIRY ASSISTANCE.[7 USC 1421 note](/us/usc/t7/s1421).
(a)Livestock Assistance.—Of the funds provided in sections 801 and 805, no less than $200,000,000 shall be in the form of assistance to livestock producers for losses due to drought or other natural disasters.
(b)Dairy Assistance.—Of the funds provided in section 805, no less than $125,000,000 shall be in the form of assistance to dairy producers.
(c)Form of Assistance.—Assistance for livestock losses shall be in the form of grants and or other in-kind assistance, but shall not include loans.113 STAT. 1188 TITLE IX—Livestock Mandatory Reporting Act of 1999.LIVESTOCK MANDATORY REPORTING SEC. 901.[7 USC 1635 note](/us/usc/t7/s1635). SHORT TITLE. This title may be cited as the “Livestock Mandatory Reporting Act of 1999”. Subtitle A—Livestock Mandatory Reporting SEC. 911.[7 USC 1635 note](/us/usc/t7/s1635). 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.[7 USC 1635](/us/usc/t7/s1635). 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.[7 USC 1635a](/us/usc/t7/s1635/a). 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.113 STAT. 1189 “(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 one or more livestock that is identified for the purpose of a single transaction between a buyer and a seller. “(7) Marketing.—The term ‘marketing’ means the sale or other disposition of livestock, livestock products, or meat or meat food products in commerce. “(8) Negotiated purchase.—The term ‘negotiated 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.[7 USC 1635d](/us/usc/t7/s1635/d). “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.113 STAT. 1190 “(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 113 STAT. 1191for 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.[7 USC 1635e](/us/usc/t7/s1635/e). “(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 designatedDeadline. 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—113 STAT. 1192 “(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)Public information. Publication.—The Secretary shall make the information available to the public not less frequently than three times each reporting day. “(d) Weekly Reporting.— “(1)Deadline. 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)Deadline. 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)Public information.Deadline. Publication.—The Secretary shall make available to the public the information obtained under paragraphs
(1)and 113 STAT. 1193(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 ofDeadline. the enactment of this subtitle, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report on the determination of the Secretary under paragraph (1). “SEC. 223. MANDATORY PACKER REPORTING OF BOXED BEEF SALES.[7 USC 1635f](/us/usc/t7/s1635/f). “(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 thePublic information. 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.[7 USC 1635i](/us/usc/t7/s1635/i). “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.113 STAT. 1194 “(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 one or more futures or options contracts. “(11) Other purchase arrangement.—The term ‘other purchase arrangement’ means a purchase of swine by a packer that— “(A) is not a negotiated purchase, swine or pork market formula purchase, or other market formula purchase; and “(B) does not involve packer-owned swine. “(12) Packer.—The term ‘packer’ means any person engaged in the business of buying swine in commerce for 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 113 STAT. 1195the 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 one or more litters. “(20) Swine.—The term ‘swine’ means a porcine animal raised to be a feeder pig, raised for seedstock, or raised for slaughter. “(21) Swine or pork market formula purchase.—The term ‘swine or pork market formula purchase’ means a 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.[7 USC 1635j](/us/usc/t7/s1635/j). “(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; and113 STAT. 1196 “(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)Regulations. 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)Deadline. Reporting deadline and plants required to report.—Not later than 7:00 a.m. Central Time on each 113 STAT. 1197reporting 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 113 STAT. 1198period 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)Deadline. 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.—113 STAT. 1199 “(A) In general.—The corporate officers or officiallyDeadline. 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 theDeadline. 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 officiallyDeadline. 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 theDeadline. 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 TimeDeadline. 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; and113 STAT. 1200 “(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)Deadline. 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.[7 USC 1635m](/us/usc/t7/s1635/m). 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.[7 USC 1636](/us/usc/t7/s1636). 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; or113 STAT. 1201 “(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 SecretaryPublic information. 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.[7 USC 1636a](/us/usc/t7/s1636/a). “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—113 STAT. 1202 “(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.[7 USC 1636b](/us/usc/t7/s1636/b). 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 113 STAT. 1203the 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.[7 USC 1636c](/us/usc/t7/s1636/c). “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.[7 USC 1636d](/us/usc/t7/s1636/d). “(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; or113 STAT. 1204 “(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.[7 USC 1636e](/us/usc/t7/s1636/e). “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.Records.[16 USC 1636f](/us/usc/t16/s1636/f). PUBLICATION OF INFORMATION ON RETAIL PURCHASE PRICES FOR REPRESENTATIVE MEAT PRODUCTS. “(a)Effective date. In General.—Beginning not later than 90 days after the date of the 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 the 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 one 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—113 STAT. 1205 “(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.[7 USC 1636g](/us/usc/t7/s1636/g). “(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.[7 USC 1636h](/us/usc/t7/s1636/h). “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. 912. UNJUST DISQUALIFICATION.[7 USC 1635 note](/us/usc/t7/s1635). 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. 913. CONFORMING AMENDMENTS.[7 USC 1635 note](/us/usc/t7/s1635).
(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)”.113 STAT. 1206 Subtitle B—Related Beef Reporting Provisions SEC. 921.[7 USC 1635 note](/us/usc/t7/s1635). 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. 922.[7 USC 1635 note](/us/usc/t7/s1635). EXPORT CERTIFICATES FOR MEAT AND MEAT FOOD PRODUCTS. Deadline.Not later than 1 year after the date of the 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. 923.[7 USC 1635 note](/us/usc/t7/s1635). 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)Publication. 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. 924.[7 USC 1635 note](/us/usc/t7/s1635). AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary to carry out sections 922 and 923. Subtitle C—Related Swine Reporting Provisions SEC. 931.[7 USC 1635 note](/us/usc/t7/s1635).Publication.Effective date. IMPROVEMENT OF HOGS AND PIGS INVENTORY REPORT.
(a)In General.—Effective beginning not later than 90 days after the date of the 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 eight 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 the enactment of this Act. SEC. 932.Records.[7 USC 1635 note](/us/usc/t7/s1635). 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 113 STAT. 1207slaughter of swine that reflects differences in numbers between barrows and gilts, as determined by the Secretary.
(b)Availability.—The information shall be made availablePublication. 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. 933. AVERAGE TRIM LOSS CORRELATION STUDY AND REPORT.[7 USC 1635 note](/us/usc/t7/s1635).
(a)In General.—The Secretary of Agriculture shall contractContracts. 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;Public information.
(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.113 STAT. 1208 SEC. 934. 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.[7 USC 198](/us/usc/t7/s198). 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.[7 USC 198a](/us/usc/t7/s198/a). SWINE PACKER MARKETING CONTRACTS OFFERED TO PRODUCERS. “(a)Records. 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.113 STAT. 1209 “(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,Publication. 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.[7 USC 198b](/us/usc/t7/s198/b). “(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 theDeadline. 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 113 STAT. 1210processing 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, and 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. 935.[7 USC 1635 note](/us/usc/t7/s1635). AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary to carry out this subtitle and the amendments made by this subtitle. Subtitle D—Implementation SEC. 941.Deadline.Publication.[7 USC 1635 note](/us/usc/t7/s1635). REGULATIONS.
(a)In General.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Agriculture shall publish final regulations to implement this title and the amendments made by this title.
(b)Publication of Proposed Regulations.—Not later than 90 days after the date of the enactment of this Act, the Secretary shall publish proposed regulations to implement this title and the amendments made by this title.
(c)Comment Period.—The Secretary shall provide an opportunity for comment on the proposed regulations during the 30-113 STAT. 1211day 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 title and the amendments made by this title. SEC. 942. TERMINATION OF AUTHORITY.[7 USC 1635 note](/us/usc/t7/s1635). The authority provided by this title and the amendments made by this title terminate 5 years after the date of the enactment of this Act. This Act may be cited as the “Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2000”. Approved October 22, 1999. LEGISLATIVE HISTORY—H.R. 1906 (S. 1233): HOUSE REPORTS: Nos. 106–157 (Comm. on Appropriations) and 106–354 (Comm. of Conference). SENATE REPORTS: No. 106–80 accompanying S. 1233 (Comm. on Appropriations). CONGRESSIONAL RECORD. Vol. 145 (1999): May 25, 26, June 8, considered and passed House. Aug. 4, considered and passed Senate, amended, in lieu of S. 1233. Oct. 1, House agreed to conference report. Oct. 7, 12, 13, Senate considered and agreed to conference report. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 35 (1999): Oct. 22, Presidential statement. Public Law 106–79: Making appropriations for the Department of Defense for the fiscal year ending September 30, 2000, and for other purposes. Public Law79 Public Law 106–79113 Stat. 1212 1999-10-25 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2024-03-28 106public
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U.S. Code
34 references not yet in our index
  • Pub. L. 92-313
  • 7 USC 4a
  • 5 USC 5901–5902
  • Pub. L. 94-449
  • Pub. L. 97-219
  • Pub. L. 104-127
  • 16 USC 3837
  • Pub. L. 105-185
  • Pub. L. 100-237
  • 73 Stat. 610
  • Pub. L. 104-193
  • 20 USC 1070a–22(g)(1)(A)
  • Pub. L. 105-244
  • 26 USC 1397E
  • 29 USC 1633(b)(2)(B)
  • 40 USC 474(d)(9)(A)
  • Pub. L. 103-448
  • Pub. L. 87-688
  • Pub. L. 101-239
  • 103 Stat. 2489
  • Pub. L. 105-199
  • 7 USC 1314e(1)
  • 7 USC 1311
  • 7 USC 1314j
  • Pub. L. 95-113
  • Pub. L. 92-203
  • Pub. L. 105-277
  • 7 USC 1314b
  • 7 USC 1314b(g)
  • 7 USC 5722
  • 36 FR 13804
  • 16 USC 1636f
  • Pub. L. 106-79
  • Pub. L. 106-7911
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U.S.C.§ 321
U.S.C.§ 263
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