[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5609 Referred in Senate (RFS)]
<DOC>
117th CONGRESS
1st Session
H. R. 5609
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
December 9, 2021
Received; read twice and referred to the Committee on Agriculture,
Nutrition, and Forestry
_______________________________________________________________________
AN ACT
To amend the Agricultural Marketing Act of 1946, to establish a cattle
contract library, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Cattle Contract Library Act of
2021''.
SEC. 2. CATTLE CONTRACT LIBRARY.
Chapter 2 of subtitle B of the Agricultural Marketing Act of 1946
(7 U.S.C. 1635d et seq.) is amended by adding at the end the following:
``SEC. 224. CATTLE CONTRACT LIBRARY.
``(a) In General.--Not later than 90 days after the enactment of
this Act, the Secretary shall establish and maintain a library or
catalog of each type of contract offered by packers to producers for
the purchase of all or part of the producers' production of fed cattle
(including cattle that are purchased or committed for delivery),
including any schedules of premiums or discounts associated with the
contract.
``(b) Information Collection.--
``(1) In general.--To maintain the library or catalog
established under subsection (a), the Secretary shall obtain
information from each packer on each type of contract of the
packer by requiring a filing or other form of information
submission from each packer.
``(2) Contracted cattle information.--Information submitted
to the Secretary by a packer under paragraph (1) shall include,
with respect to each contract of a packer--
``(A) the type of contract;
``(B) the duration of the contract;
``(C) all contract summary information;
``(D) provisions in the contract that may affect
the price of cattle covered by the contract including--
``(i) base price;
``(ii) schedules of premiums or discounts;
and
``(iii) transportation arrangements;
``(E) the total number of cattle covered by the
contract solely committed to the packer each week
within the 6-month and 12-month periods following the
date of the contract, by reporting region;
``(F) in the case of a contract in which a specific
number of cattle are not solely committed to the
packer--
``(i) an indication that the contract is an
open commitment; and
``(ii) any weekly, monthly, annual, or
other limitations on the number of cattle that
may be delivered to the packer under the
contract; and
``(G) a description of the provisions in the
contract that provide for expansion in the committed
numbers of fed cattle to be delivered under the
contract for the 6-month and 12-month periods following
the date of the contract.
``(c) Availability of Information.--
``(1) Library contents.--The Secretary shall make publicly
available in a user-friendly format a summary of the
information collected for each type of contract under
subsection (b), including notice (on a real-time basis, if
practicable) of the types of contracts that are being offered
by packers to, and are open to acceptance by, producers for the
purchase of fed cattle.
``(2) Reports required.--Beginning not later than 30 days
after the date on which the library or catalog is established
under subsection (a), the Secretary shall make publicly
available weekly or monthly reports for producers and other
interested persons, which shall include--
``(A) based on the information collected under
subsection (b)(2)(E), the total number of fed cattle
committed under contracts for delivery to packers
within the 6-month and 12-month periods following the
date of the report, organized by reporting region and
type of contract;
``(B) based on the information collected under
subsection (b)(2)(F), the number of contracts with an
open commitment along with any weekly, monthly, annual
or other limitations on the number of cattle that may
be delivered under such contracts; and
``(C) based on the information collected under
subsection (b)(2)(G), the total maximum number of fed
cattle that may be delivered within the 6-month and 12-
month periods following the date of the report,
organized by reporting region and type of contract.
``(d) Maintenance of Library or Catalog.--Information in the
library or catalog established under subsection (a) about types of
contracts that are no longer offered or in use shall be labeled as
inactive in the library or catalog.
``(e) Confidentiality.--The publication of information under this
section shall be subject to the confidentiality protections provided
under section 251 of the Agricultural Marketing Act of 1946 (7 U.S.C.
1636).
``(f) Violations.--It shall be unlawful and a violation of this Act
for any packer to willfully fail or refuse--
``(1) to provide to the Secretary accurate information
required under this section; or
``(2) to comply with any other requirement of this section.
``(g) Producer Education Grants.--
``(1) In general.--The Secretary, acting through the
Administrator of the Agricultural Marketing Service and in
coordination with the Director of the National Institute of
Food and Agriculture, shall make competitive grants to eligible
entities for producer outreach and education efforts on best
uses of cattle market information, including information made
available through the livestock mandatory reporting program and
the catalog or library established under subsection (a).
``(2) Selection criteria.--In selecting grant recipients
under this section, the Secretary shall give priority to
eligible entities that--
``(A) demonstrate an ability to work directly with
cattle producers;
``(B) can quickly and accurately publish and
disseminate information and analysis of relevant
Department of Agriculture data in a manner that
benefits producer decision making; and
``(C) collaborate with trade associations or other
organizations with a demonstrated ability to provide
educational programs on markets and risk management.
``(3) Eligible entity.--The term `eligible entity' means an
entity listed in subsection (b)(7) of the Competitive, Special,
and Facilities Research Grant Act (7 U.S.C. 3157(b)(7)).
``(h) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary such sums as are necessary to carry out
this section.''.
SEC. 3. DEFINITIONS.
Section 221 of the Agricultural Marketing Act of 1946 (7 U.S.C.
1635d) is amended--
(1) by amending paragraph (3) to read as follows:
``(3) Formula marketing arrangement.--The term `formula
marketing arrangement' means the advance commitment of cattle
for slaughter--
``(A) by any means other than through a negotiated
purchase, negotiated grid purchase, or a forward
contract; and
``(B) using a method for calculating price under
which the price is determined at a future date.'';
(2) by redesignating paragraphs (5), (6), (7), and (8) as
paragraphs (6), (7), (8), and (10), respectively;
(3) by inserting after paragraph (4) the following:
``(5) Negotiated grid purchase.--The term `negotiated grid
purchase' means a purchase of fed cattle by a packer from a
producer under which--
``(A) the base price for the cattle is determined
by seller-buyer interaction on a day;
``(B) the cattle are scheduled for delivery to the
packer not more than 14 days after the date on which
the agreement for purchase is made; and
``(C) the base price is subject to adjustment by
premiums and discounts after delivery.''; and
(4) by inserting after paragraph (8) the following:
``(9) Type of contract.--The term `type of contract' means
the classification of contracts for the purchase of fed cattle
based on the mechanism used to determine the base price for the
fed cattle committed to a packer under the contract, including
formula purchases, negotiated grid purchases, forward
contracts, and other purchase agreements, as determined by the
Secretary.''.
Passed the House of Representatives December 8, 2021.
Attest:
CHERYL L. JOHNSON,
Clerk.