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[ { "text": "1. Short title \nThis Act may be cited as the Fair Returns for Public Lands Act of 2021.", "id": "S1", "header": "Short title" }, { "text": "2. Increased onshore oil and gas royalty rates \nSection 17 of the Mineral Leasing Act ( 30 U.S.C. 226 ) is amended— (1) by striking 12.5 each place it appears and inserting 18.75 ; and (2) by striking 12 1/2 per centum each place it appears and inserting 18.75 percent.", "id": "id577e147149c647379e9a3beeed0c8391", "header": "Increased onshore oil and gas royalty rates" }, { "text": "3. Increased minimum bid amount \nSection 17(b) of the Mineral Leasing Act ( 30 U.S.C. 226(b) ) is amended— (1) in paragraph (1)(B)— (A) by striking the subparagraph designation and all that follows through the period at the end of the first sentence and inserting the following: (B) National minimum acceptable bid \n(i) In general \nExcept as provided in clauses (ii) and (v), the national minimum acceptable bid shall be $10 per acre. ; (B) in the second sentence— (i) by striking Thereafter, the Secretary and inserting the following: (ii) Adjustment \nThe Secretary ; (ii) by striking is necessary: (i) to enhance and inserting the following: is necessary— (I) to enhance ; and (iii) by striking (ii) to promote and inserting the following: (II) to promote ; (C) in the third sentence, by striking Ninety days and inserting the following: (iii) Notification \n90 days ; (D) in the fourth sentence, by striking The proposal and inserting the following: (iv) NEPA \nThe proposal ; and (E) by adding at the end the following: (v) Exception \nTo ensure a return of fair market value, as determined by the Secretary, the Secretary may establish in a notice of competitive lease sale a minimum acceptable bid applicable to the lease sale or 1 or more parcels within the lease sale that is higher than the national minimum bid under clause (i). ; and (2) in subsection (b)(2)(C), by striking $2 per acre and inserting “$10 per acre’’.", "id": "idaa64cc8c6719463f90bf88bb3d290c29", "header": "Increased minimum bid amount" }, { "text": "4. Increased onshore oil and gas rental rates \nSection 17(d) of the Mineral Leasing Act ( 30 U.S.C. 226(d) ) is amended, in the first sentence— (1) by striking $1.50 per acre and inserting $3 per acre ; and (2) by striking $2 per acre and inserting $5 per acre.", "id": "id67a149e58efa42ba8c4c332c5c31396c", "header": "Increased onshore oil and gas rental rates" }, { "text": "5. Fee for expression of interest \nSection 17 of the Mineral Leasing Act ( 30 U.S.C. 226 ) is amended by adding at the end the following: (q) Fee for expression of interest \n(1) In general \nThe Secretary shall charge any person who submits, in accordance with procedures established by the Secretary to carry out this subsection, an expression of interest in leasing land available for disposition under this section for exploration for, and development of, oil or gas a fee, in an amount determined by the Secretary under paragraph (2). (2) Amount \nThe fee authorized under paragraph (1) shall be established by the Secretary in an amount that is determined by the Secretary to be appropriate to cover the aggregate cost of processing an expression of interest under this subsection, but not less than $15 per acre of the area covered by the applicable expression of interest..", "id": "idb063505591b941d581e6449fa40abd87", "header": "Fee for expression of interest" }, { "text": "6. Adjustment \nSection 17 of the Mineral Leasing Act ( 30 U.S.C. 226 ) (as amended by section 5) is amended by adding at the end the following: (r) Adjustment to certain fees \nThe Secretary shall— (1) not later than 4 years after the date of enactment of the Fair Returns for Public Lands Act of 2021 , and at least once every 4 years thereafter, promulgate regulations adjusting each of the per-acre dollar amounts of fees imposed under subsections (b), (d), and (q) and subsections (e) and (f) of section 31 to reflect the change in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics; and (2) as the Secretary determines to be necessary to enhance financial returns to the United States or to promote more efficient management of oil and gas resources on Federal land, promulgate regulations adjusting any of the applicable per-acre dollar amounts of fees imposed under subsection (b), (d), or (q) or subsection (e) or (f) of section 31, as applicable..", "id": "id91363D42A2D04A48B76A90FE318CFCF9", "header": "Adjustment" }, { "text": "7. Reinstatement of competitive leases \nSection 31 of the Mineral Leasing Act ( 30 U.S.C. 188 ) is amended— (1) in subsection (e)— (A) by striking paragraph (2) and inserting the following: (2) payment of back rentals and the inclusion in a reinstated lease of a requirement for future rentals at a rate of not less than $20 per acre per year; ; (B) in paragraph (3)— (i) in subparagraph (A)— (I) by striking the subparagraph designation; (II) by striking issued pursuant to the provisions of section 17(b) of this Act ; (III) by striking 16 2/3 and inserting 25 ; and (IV) by inserting and after the semicolon; and (ii) by striking subparagraph (B); and (C) in the second sentence of the undesignated matter following paragraph (4), by striking , but not to exceed $500 ; and (2) in subsection (f)— (A) in paragraph (3), by striking $5 and inserting $10 ; and (B) in paragraph (4), by striking 12 1/2 and inserting 25.", "id": "id7033fd48e6914bf0a91c76d855dfa33b", "header": "Reinstatement of competitive leases" }, { "text": "8. Fiscal reform study and report \n(a) In general \nThe Comptroller General of the United States shall offer to enter into an arrangement with the National Academy of Sciences under which the National Academy of Sciences, in cooperation with the Comptroller General of the United States, shall conduct a study evaluating the efficiency and effectiveness of the implementation of this Act and the amendments made by this Act. (b) Considerations \nThe study conducted under subsection (a) shall include consideration of— (1) the systems of the Department of the Interior for collecting and auditing payments under this Act and the amendments made by this Act; (2) the performance of the stewardship of the Department of the Interior and the disposition of receipts by the Department of the Interior in carrying out this Act and the amendments made by this Act; and (3) the performance of the valuation approach carried out under this Act and the amendments made by this Act, including a review of whether other approaches could more fully capture foregone revenue of leasing in low-market conditions in light of other possible economic uses at different points in the future. (c) Report \nIf the Comptroller General of the United States enters into an arrangement with the National Academy of Sciences under subsection (a), not earlier than 3, but not later than 5, years after the date of enactment of this Act, the Comptroller General shall submit to Congress a report that describes the results of the study conducted under that subsection.", "id": "id68a5976449c441be889f7bb8e9684919", "header": "Fiscal reform study and report" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Protecting National Access to Reproductive Care Act of 2022.", "id": "S1", "header": "Short title" }, { "text": "2. Purpose \n(a) In general \nThis section confirms the intention of Congress that, with respect to reproductive health products approved, licensed, cleared, or authorized by the Food and Drug Administration for specific uses as described in section 3(c), Federal regulation of such products has the effect of preempting any State or local law or regulation, criminal or civil, that has the effect of restricting the use of or access to any such product. (b) Rule of construction \nNothing in this Act shall be construed to limit the preemptory effect of the regulation by the Food and Drug Administration of products that are not reproductive health products.", "id": "idCD61D494092344BBB2DCC6901FA7DB6F", "header": "Purpose" }, { "text": "3. National uniformity for reproductive health products \n(a) In general \nNo State or unit of local government, or State or local government official or other person acting under color of law may implement or enforce any law, requirement, prohibition, or limitation that restricts use or access, or has the effect of restricting use or access, by any individual to any reproductive health product. (b) Enforcement \n(1) Attorney General \nThe Attorney General may commence a civil action in an appropriate district court of the United States on behalf of the United States against any State or unit of local government, State or local government official, or against any other person acting under color of law that implements or enforces a limitation or requirement that violates subsection (a). The court shall hold unlawful the limitation or requirement if it is in violation of subsection (a). (2) Private Right of Action \n(A) In general \nAny individual or entity, including any health care provider or patient, adversely affected by an alleged violation of subsection (a), may commence a civil action in an appropriate district court of the United States against any State or unit of local government, or State or local government official, or against any other person acting under color of law who violates subsection (a). The court shall hold unlawful the limitation or requirement if it is in violation of subsection (a). (B) Health care provider \nA health care provider may commence an action pursuant to subparagraph (A) in an appropriate district court of the United States for relief on its own behalf, on behalf of the provider’s staff, or on behalf of the provider’s patients who are or may be adversely affected by an alleged violation of subsection (a). (3) Declaratory and equitable relief \nIn any action under this subsection, the court may award appropriate declaratory or equitable relief, including temporary, preliminary, or permanent injunctive relief. (4) Costs \nIn any action under this subsection, the court shall award costs of litigation, as well as reasonable attorney’s fees, to any prevailing plaintiff. A plaintiff shall not be liable to a defendant for costs or attorney’s fees in any non-frivolous action under this subsection. (5) Jurisdiction \nThe district courts of the United States shall have exclusive jurisdiction over proceedings under this Act and shall exercise the same without regard to whether the party aggrieved shall have exhausted any administrative or other remedies that may be provided for by law. (c) Definition \nIn this section, the term reproductive health product means any drug or device that— (1) is approved under section 505 or section 515 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355 ; 360e), licensed under section 351 of the Public Health Service Act ( 42 U.S.C. 262 ), cleared under section 510(k) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360(k) ), or authorized under section 513(f)(2) of such Act ( 21 U.S.C. 360c(f)(2) ); and (2) is used to— (A) diagnose, prevent, manage, treat, or terminate pregnancy; or (B) prevent or manage conditions of the reproductive system. (d) Authorization of appropriations \nFor purposes of carrying out subsection (b)(1), there is authorized to be appropriated to the Attorney General $20,000,000 for fiscal year 2022, to remain available until expended.", "id": "id6DB10EA9FB1C45BCA7B966759C8B790C", "header": "National uniformity for reproductive health products" } ]

[ { "text": "1. Imposition of sanctions with respect to Nord Stream 2 AG \nNot later than 30 days after the date of the enactment of this Act, the President shall impose the sanctions described in subsection (b) of section 10 of the Sovereignty, Integrity, Democracy, and Economic Stability of Ukraine Act of 2014 ( 22 U.S.C. 8909 ), as added by section 228 of the Countering America’s Adversaries Through Sanctions Act ( Public Law 115–44 ; 131 Stat. 911), with respect to Nord Stream 2 AG.", "id": "S1", "header": "Imposition of sanctions with respect to Nord Stream 2 AG" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Cattle Price Discovery and Transparency Act of 2022.", "id": "S1", "header": "Short title" }, { "text": "2. Definitions \n(a) In general \nSection 212 of the Agricultural Marketing Act of 1946 ( 7 U.S.C. 1635a ) is amended— (1) in paragraph (5), by striking cattle, and inserting cattle (including fed cattle), ; (2) by redesignating paragraphs (1) through (14) as paragraphs (2), (3), (4), (6) through (8), (10), and (12) through (18), respectively; (3) by inserting before paragraph (2) (as so redesignated) the following: (1) Approved pricing mechanism \nThe term approved pricing mechanism means a purchase of fed cattle made— (A) through a negotiated purchase; (B) through a negotiated grid purchase; (C) at a stockyard (as defined in section 302 of the Packers and Stockyards Act, 1921 ( 7 U.S.C. 202 )); or (D) through a trading system or platform for the purchase or sale of cattle, or for an arrangement to purchase or sell cattle, through any means in which multiple buyer and seller participants have the ability to, and regularly and consistently, make and accept bids and offers on or at the trading system or platform. ; (4) by inserting after paragraph (4) (as so redesignated) the following: (5) Fed cattle \nThe term fed cattle means a steer or heifer that has been finished on a ration of roughage and feed concentrates, such as grains, protein meal, grass (forage), and other nutrient-rich feeds, prior to slaughter. ; (5) by inserting after paragraph (8) (as so redesignated) the following: (9) Mandatory minimum \nThe term mandatory minimum means, of the quantity of fed cattle purchased for slaughter by a covered packer (as defined in section 221) for each processing plant, the minimum percentage of such cattle that are required to be purchased through approved pricing mechanisms from producers that are not packers. ; and (6) by inserting after paragraph (10) (as so redesignated) the following: (11) Negotiated grid purchase \nThe term negotiated grid purchase , with respect to cattle, means a purchase— (A) involving the negotiation of a base price from which premiums are added and discounts are subtracted, determined by seller-buyer interaction and agreement on a delivery day; and (B) under which the cattle are scheduled for delivery to the packer not later than 14 days after the date on which the cattle are committed to the packer.. (b) Cattle reporting definitions \nSection 221 of the Agricultural Marketing Act of 1946 ( 7 U.S.C. 1635d ) is amended— (1) in paragraph (1), by striking 7-day and inserting 14-day ; (2) in paragraph (8)(B), by striking market and inserting marketing ; (3) by redesignating paragraphs (3), (4), (5), (6), (7), and (8) as paragraphs (5), (6), (8), (9), (11), and (12), respectively; (4) by inserting after paragraph (2) the following: (3) Covered contract \n(A) In general \nThe term covered contract means any agreement, written or oral, between a packer and a producer for the purchase of fed cattle for slaughter. (B) Exclusion \nThe term covered contract does not include a contract for a negotiated purchase. (4) Covered packer \nThe term covered packer means a packer that has slaughtered during the immediately preceding 5 calendar years an average of not less than 5 percent of the number of fed cattle slaughtered nationally during the immediately preceding 5 calendar years. ; (5) by inserting after paragraph (6) (as so redesignated) the following: (7) Heifer \nThe term heifer means a bovine female that has not given birth to a calf. ; and (6) by inserting after paragraph (9) (as so redesignated) the following: (10) Steer \nThe term ‘steer’ means a bovine male castrated before reaching sexual maturity..", "id": "idCB67ACBCBDEE4033B83DA12DD6560B4A", "header": "Definitions" }, { "text": "3. 14-Day cattle slaughter report \nSection 222(c) of the Agricultural Marketing Act of 1946 ( 7 U.S.C. 1635e(c) ) is amended— (1) in paragraph (1)— (A) by striking subparagraphs (B) and (C); and (B) by redesignating subparagraph (D) as subparagraph (B); (2) in paragraph (2), by striking the information and inserting information reported under this subsection ; (3) by redesignating paragraph (2) as paragraph (3); and (4) by inserting after paragraph (1) the following: (2) Prior day reporting \n(A) In general \nThe corporate officers or officially designated representatives of each packer processing plant shall report to the Secretary, for each business day of the packer processing plant, not later than 10:00 a.m. Central Time on each reporting day, the information from the prior business day described in subparagraph (B). (B) Information required \nThe information required under subparagraph (A) shall be, with respect to the prior business day, the number of cattle scheduled for delivery to a packer processing plant for slaughter for each of the next 14 calendar days..", "id": "id0F5ECD3D7CB8442F9AA427F023696B0F", "header": "14-Day cattle slaughter report" }, { "text": "4. Expedited carcass weights reporting \nSection 222 of the Agricultural Marketing Act of 1946 ( 7 U.S.C. 1635e ) is amended by adding at the end the following: (f) Expedited carcass weights \n(1) Determination \nNot later than 180 days after the date of enactment of the Cattle Price Discovery and Transparency Act of 2022 , the Secretary shall determine the minimum amount of time needed by the Secretary to publicly report the daily average carcass weight of cattle slaughtered by packer processing plants. (2) Reporting \nNot later than 180 days after the Secretary has made a determination under paragraph (1), the Secretary shall begin publicly reporting the information described in that paragraph within the time determined under that paragraph..", "id": "id80080C4BFA374AAA8587D1E08890C8A5", "header": "Expedited carcass weights reporting" }, { "text": "5. Mandatory reporting of cutout yield \nSection 223 of the Agricultural Marketing Act of 1946 ( 7 U.S.C. 1635f ) is amended— (1) in subsection (a)— (A) in the subsection heading, by striking Daily reporting and inserting In General ; (B) in paragraph (3)— (i) in subparagraph (C), by striking the period at the end and inserting ; and ; and (ii) by redesignating subparagraphs (A) through (C) as clauses (i) through (iii), respectively, and indenting appropriately; (C) by redesignating paragraphs (1) through (3) as subparagraphs (A) through (C), respectively, and indenting appropriately; (D) in the matter preceding subparagraph (A) (as so redesignated), by striking Secretary at least and inserting the following: “Secretary— (1) at least ; and (E) by adding at the end the following: (2) at least once each year, at a time determined by the Secretary, cutout yield data. ; and (2) in subsection (b)— (A) by striking the information required to be reported under subsection (a) ; and (B) by striking day. and inserting the following: “day— (1) the information required to be reported under subsection (a)(1); and (2) a composite price using the information required to be reported under paragraphs (1) and (2) of subsection (a)..", "id": "idD88F230D151B43C4AB21D02B5BDD66F0", "header": "Mandatory reporting of cutout yield" }, { "text": "6. Cattle contract library \nThe Agricultural Marketing Act of 1946 is amended— (1) by redesignating section 223 ( 7 U.S.C. 1635f ) as section 224; and (2) by inserting after section 222 ( 7 U.S.C. 1635e ) the following: 223. Cattle contract library \n(a) In general \nNot later than 120 days after the date of enactment of the Cattle Price Discovery and Transparency Act of 2022 , the Secretary shall establish and maintain, through the Livestock Mandatory Price Reporting program, a library or catalog (referred to in this section as the library ), of each type of covered contract entered into between packers and producers for the purchase of fed cattle (including cattle that are purchased or committed for delivery), including any schedules of premiums or discounts associated with the covered contract. (b) Information collection \n(1) In general \nTo maintain the library, the Secretary shall obtain information from each packer on each type of existing covered contract of the packer by requiring a filing or other form of information submission from each packer. (2) Contract information \nInformation submitted to the Secretary by a packer under paragraph (1) shall include, with respect to each existing covered contract of a packer— (A) the type of contract; (B) the duration of the contract; (C) a summary of the contract terms; (D) provisions in the contract that may affect the price of cattle covered by the contract, including schedules, premiums and discounts, financing and risk-sharing arrangements, and 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 and the percentage of cattle each week that may vary for delivery or nondelivery at the discretion of the packer, organized by reporting region or in such other manner as the Secretary may determine; (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 or requirements on the number of cattle that may be delivered to the packer under the contract, including the percentage of cattle that may vary for delivery or nondelivery in a given time period at the discretion of the packer; and (G) a description of the provisions in the contract that provide for expansion in the 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 \n(1) In general \nThe Secretary shall make publicly available to producers and other interested persons information (including the information described in subsection (b)(2)), in a user-friendly format, on the types of covered contracts in the library, including notice (on a real-time basis, if practicable) of the types of covered contracts that are entered into between packers and producers for the purchase of fed cattle. (2) Monthly report \n(A) In general \nBeginning 30 days after the library is established, the Secretary shall make the information obtained each month in the library available in a monthly report to producers and other interested persons. (B) Contents \nThe monthly report described in subparagraph (A) shall include— (i) based on the information collected under subsection (b)(2)(E), an estimate by the Secretary of the total number of fed cattle committed under covered 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; (ii) based on the information collected under subsection (b)(2)(F), the number of covered contracts with an open commitment and any weekly, monthly, annual, or other limitations or requirements on the number of cattle that may be delivered under such contracts, including the percentage of cattle that may vary for delivery or nondelivery in a given time period at the discretion of the packer; and (iii) based on the information collected under subsection (b)(2)(G), an estimate by the Secretary of 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 \nInformation in the library about types of contracts that are no longer offered or in use shall be removed from the library. (e) Confidentiality \nThe reporting requirements for packers under this section shall be subject to the confidentiality protections provided under section 251. (f) Violations \nIt 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) Authorization of appropriations \nThere are authorized to be appropriated to the Secretary such sums as are necessary to carry out this section..", "id": "id25A4459FF9B64F698DD867E6F837C656", "header": "Cattle contract library" }, { "text": "223. Cattle contract library \n(a) In general \nNot later than 120 days after the date of enactment of the Cattle Price Discovery and Transparency Act of 2022 , the Secretary shall establish and maintain, through the Livestock Mandatory Price Reporting program, a library or catalog (referred to in this section as the library ), of each type of covered contract entered into between packers and producers for the purchase of fed cattle (including cattle that are purchased or committed for delivery), including any schedules of premiums or discounts associated with the covered contract. (b) Information collection \n(1) In general \nTo maintain the library, the Secretary shall obtain information from each packer on each type of existing covered contract of the packer by requiring a filing or other form of information submission from each packer. (2) Contract information \nInformation submitted to the Secretary by a packer under paragraph (1) shall include, with respect to each existing covered contract of a packer— (A) the type of contract; (B) the duration of the contract; (C) a summary of the contract terms; (D) provisions in the contract that may affect the price of cattle covered by the contract, including schedules, premiums and discounts, financing and risk-sharing arrangements, and 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 and the percentage of cattle each week that may vary for delivery or nondelivery at the discretion of the packer, organized by reporting region or in such other manner as the Secretary may determine; (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 or requirements on the number of cattle that may be delivered to the packer under the contract, including the percentage of cattle that may vary for delivery or nondelivery in a given time period at the discretion of the packer; and (G) a description of the provisions in the contract that provide for expansion in the 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 \n(1) In general \nThe Secretary shall make publicly available to producers and other interested persons information (including the information described in subsection (b)(2)), in a user-friendly format, on the types of covered contracts in the library, including notice (on a real-time basis, if practicable) of the types of covered contracts that are entered into between packers and producers for the purchase of fed cattle. (2) Monthly report \n(A) In general \nBeginning 30 days after the library is established, the Secretary shall make the information obtained each month in the library available in a monthly report to producers and other interested persons. (B) Contents \nThe monthly report described in subparagraph (A) shall include— (i) based on the information collected under subsection (b)(2)(E), an estimate by the Secretary of the total number of fed cattle committed under covered 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; (ii) based on the information collected under subsection (b)(2)(F), the number of covered contracts with an open commitment and any weekly, monthly, annual, or other limitations or requirements on the number of cattle that may be delivered under such contracts, including the percentage of cattle that may vary for delivery or nondelivery in a given time period at the discretion of the packer; and (iii) based on the information collected under subsection (b)(2)(G), an estimate by the Secretary of 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 \nInformation in the library about types of contracts that are no longer offered or in use shall be removed from the library. (e) Confidentiality \nThe reporting requirements for packers under this section shall be subject to the confidentiality protections provided under section 251. (f) Violations \nIt 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) Authorization of appropriations \nThere are authorized to be appropriated to the Secretary such sums as are necessary to carry out this section.", "id": "idCF83591E61C548B2B820686157387DBC", "header": "Cattle contract library" }, { "text": "7. Market acquisition of fed cattle \n(a) Sense of the Senate \nIt is the sense of the Senate that— (1) all participants in the fed cattle market have a responsibility to contribute to sufficient levels of negotiated trade of fed cattle in all cattle feeding regions in order to achieve competitive bidding and maximum transparency in all relevant markets and robust price discovery for the benefit of all market participants; (2) covered packers that use negotiated market prices or internal formulations thereof as the basis for formula marketing arrangements may have incentives to not participate in price discovery in fed cattle markets, including in order to influence the price, especially if the majority of the cattle purchases are under fed cattle formula marketing arrangements under which it is particularly important to have minimum participation; and (3) the Department of Agriculture should examine academic literature regarding minimum levels of negotiated transactions necessary to achieve robust price discovery, eliminate the potential for price manipulation, and enhance cattle producer leverage in the marketplace in each of the cattle marketing regions. (b) Penalties \nSection 253(a) of the Agricultural Marketing Act of 1946 ( 7 U.S.C. 1636b(a) ) is amended— (1) in paragraph (1)— (A) by striking the paragraph designation and heading and all that follows through Any packer and inserting the following: (1) Penalty amount \n(A) In general \nExcept as provided in subparagraph (B), any packer ; and (B) by adding at the end the following: (B) Mandatory minimum violation \nAny packer or other person that violates section 259 may be assessed a civil penalty by the Secretary of not more than $90,000 for each violation (as adjusted for inflation). ; and (2) in paragraph (2)— (A) by striking Each day and inserting the following: (A) In general \nExcept as provided in subparagraph (B), each day ; and (B) by adding at the end the following: (B) Mandatory minimum violation \nEach week during which a violation of section 259 continues shall be considered to be a separate violation.. (c) Mandatory minimums \nThe Agricultural Marketing Act of 1946 is amended— (1) by redesignating sections 259 and 260 ( 7 U.S.C. 1636h , 1636i) as sections 260 and 261, respectively; and (2) by inserting after section 258 ( 7 U.S.C. 1636g ) the following: 259. Mandatory minimums \n(a) Purpose \nThe purpose of this section is to establish mandatory minimums— (1) to enhance price discovery, transparency, and cattle producer leverage for cattle market participants; and (2) to minimize and mitigate conflicts of interest and other incentives for a covered packer to influence the base price of formula marketing arrangements for the benefit of the covered packer through action or inaction in the market in which the base price is determined. (b) Establishment \n(1) In general \nNot later than 2 years after the date of enactment of the Cattle Price Discovery and Transparency Act of 2022 , the Secretary shall establish— (A) 5 to 7 contiguous regions (referred to in this section as covered regions ) that— (i) together encompass the entire continental United States; and (ii) to the extent practicable, reasonably reflect similar fed cattle purchase practices; (B) a mandatory minimum— (i) for each covered region established under subparagraph (A); and (ii) that shall be applicable with respect to each processing plant of a covered packer located in that covered region; and (C) a time period within which a covered packer shall be required to meet the applicable mandatory minimum, which shall be not less than 1 week but not more than 30 days. (2) Modifications \nThe Secretary— (A) shall review the mandatory minimums established under paragraph (1) not later than 2 years after the date of establishment and periodically thereafter, but not less frequently than once every 5 years; and (B) modify any such mandatory minimum, as necessary, after consulting with representatives of the United States cattle and beef industry and in accordance with paragraph (4). (3) Public input \nIn carrying out this subsection, the Secretary shall make all proposed mandatory minimums subject to notice and comment rulemaking and a cost-benefit analysis. (4) Considerations \nIn establishing or modifying mandatory minimums under this subsection for any covered region, the Secretary shall consider the following factors: (A) The number of covered packers in the covered region. (B) The availability of fed cattle in the covered region. (C) Pre-existing contractual arrangements of packers in the covered region. (D) The number of pricing transactions (pens of cattle sold) in the covered region. (E) The proportion of fed cattle purchased in the covered region through negotiated purchases or negotiated grid purchases relative to the number of formula marketing arrangements that use the negotiated prices or negotiated grid prices as base prices. (5) Initial mandatory minimum requirement \nThe initial mandatory minimum established under paragraph (1)(B) for each covered region shall be— (A) not less than the average percentage of negotiated purchases and negotiated grid purchases made in that covered region between January 1, 2020, and January 1, 2022; and (B) not more than 50 percent. (c) Purchases \nA covered packer shall, with respect to each processing plant of the covered packer, purchase through an approved pricing mechanism not less than the percentage of fed cattle required under the mandatory minimum established under subsection (b) for the covered region in which the processing plant is located. (d) Enforcement \n(1) In general \nOn establishing mandatory minimums under subsection (b), the Secretary— (A) shall regularly monitor compliance by covered packers with those mandatory minimums; and (B) in the case of noncompliance by a covered packer in a given period, may allow the covered packer to remedy the noncompliance by purchasing the applicable shortfall in the approved pricing mechanism in 1 or more subsequent periods, subject to paragraph (2). (2) Nonremedy \nThe Secretary shall not allow a covered packer to remedy noncompliance under paragraph (1)(B) if the covered packer has a pattern or practice of noncompliance, as determined by the Secretary. (e) Effect on premiums \nNothing in this section prohibits a formula marketing arrangement from including a premium in addition to the base price, including a premium for meat quality, consistency, breed, production method, branding, or any other value-added effort..", "id": "idB8629FFEF9484F8A8DCD800F35D7E6C9", "header": "Market acquisition of fed cattle" }, { "text": "259. Mandatory minimums \n(a) Purpose \nThe purpose of this section is to establish mandatory minimums— (1) to enhance price discovery, transparency, and cattle producer leverage for cattle market participants; and (2) to minimize and mitigate conflicts of interest and other incentives for a covered packer to influence the base price of formula marketing arrangements for the benefit of the covered packer through action or inaction in the market in which the base price is determined. (b) Establishment \n(1) In general \nNot later than 2 years after the date of enactment of the Cattle Price Discovery and Transparency Act of 2022 , the Secretary shall establish— (A) 5 to 7 contiguous regions (referred to in this section as covered regions ) that— (i) together encompass the entire continental United States; and (ii) to the extent practicable, reasonably reflect similar fed cattle purchase practices; (B) a mandatory minimum— (i) for each covered region established under subparagraph (A); and (ii) that shall be applicable with respect to each processing plant of a covered packer located in that covered region; and (C) a time period within which a covered packer shall be required to meet the applicable mandatory minimum, which shall be not less than 1 week but not more than 30 days. (2) Modifications \nThe Secretary— (A) shall review the mandatory minimums established under paragraph (1) not later than 2 years after the date of establishment and periodically thereafter, but not less frequently than once every 5 years; and (B) modify any such mandatory minimum, as necessary, after consulting with representatives of the United States cattle and beef industry and in accordance with paragraph (4). (3) Public input \nIn carrying out this subsection, the Secretary shall make all proposed mandatory minimums subject to notice and comment rulemaking and a cost-benefit analysis. (4) Considerations \nIn establishing or modifying mandatory minimums under this subsection for any covered region, the Secretary shall consider the following factors: (A) The number of covered packers in the covered region. (B) The availability of fed cattle in the covered region. (C) Pre-existing contractual arrangements of packers in the covered region. (D) The number of pricing transactions (pens of cattle sold) in the covered region. (E) The proportion of fed cattle purchased in the covered region through negotiated purchases or negotiated grid purchases relative to the number of formula marketing arrangements that use the negotiated prices or negotiated grid prices as base prices. (5) Initial mandatory minimum requirement \nThe initial mandatory minimum established under paragraph (1)(B) for each covered region shall be— (A) not less than the average percentage of negotiated purchases and negotiated grid purchases made in that covered region between January 1, 2020, and January 1, 2022; and (B) not more than 50 percent. (c) Purchases \nA covered packer shall, with respect to each processing plant of the covered packer, purchase through an approved pricing mechanism not less than the percentage of fed cattle required under the mandatory minimum established under subsection (b) for the covered region in which the processing plant is located. (d) Enforcement \n(1) In general \nOn establishing mandatory minimums under subsection (b), the Secretary— (A) shall regularly monitor compliance by covered packers with those mandatory minimums; and (B) in the case of noncompliance by a covered packer in a given period, may allow the covered packer to remedy the noncompliance by purchasing the applicable shortfall in the approved pricing mechanism in 1 or more subsequent periods, subject to paragraph (2). (2) Nonremedy \nThe Secretary shall not allow a covered packer to remedy noncompliance under paragraph (1)(B) if the covered packer has a pattern or practice of noncompliance, as determined by the Secretary. (e) Effect on premiums \nNothing in this section prohibits a formula marketing arrangement from including a premium in addition to the base price, including a premium for meat quality, consistency, breed, production method, branding, or any other value-added effort.", "id": "ida94490aba2034807b0fc16eda7555ed9", "header": "Mandatory minimums" }, { "text": "8. Alternative marketing arrangements feasibility report \nNot later than 180 days after the date of enactment of this Act, the Secretary of Agriculture, acting through the Administrator of the Agricultural Marketing Service, shall publish a report analyzing the feasibility of alternative marketing arrangements with a base price tied to the price of boxed beef, which shall include information on— (1) the benefits and limitations of such alternative marketing arrangements; (2) barriers limiting adoption of such alternative marketing arrangements; (3) potential educational needs relating to the use of such alternative marketing arrangements for industry participants; and (4) risk management needs to increase the adoption and facilitate the ongoing delivery of benefits of such alternative marketing arrangements to industry participants.", "id": "id1abbc4a129b34c9f9c1c83bef611fe00", "header": "Alternative marketing arrangements feasibility report" }, { "text": "9. Modifications to livestock mandatory reporting regions \nNot later than 1 year after the date of enactment of this Act, the Secretary of Agriculture, acting through the Administrator of the Agricultural Marketing Service, shall realign the livestock mandatory reporting regions established pursuant to subtitle B of the Agricultural Marketing Act of 1946 ( 7 U.S.C. 1635 et seq. ) by— (1) modifying the existing Colorado cattle reporting region to include the State of Wyoming; and (2) modifying the existing Iowa-Minnesota cattle reporting region to include the States of Illinois and South Dakota.", "id": "idED1397D5EAA7496A9398CC4128B60477", "header": "Modifications to livestock mandatory reporting regions" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Cattle Price Discovery and Transparency Act of 2022.", "id": "S1", "header": "Short title" }, { "text": "2. Definitions \n(a) In general \nSection 212 of the Agricultural Marketing Act of 1946 ( 7 U.S.C. 1635a ) is amended— (1) in paragraph (5), by striking cattle, and inserting cattle (including fed cattle), ; (2) by redesignating paragraphs (1) through (14) as paragraphs (2), (3), (4), (6) through (8), (10), and (12) through (18), respectively; (3) by inserting before paragraph (2) (as so redesignated) the following: (1) Approved pricing mechanism \nThe term approved pricing mechanism means a purchase of fed cattle made— (A) through a negotiated purchase; (B) through a negotiated grid purchase; (C) at a stockyard (as defined in section 302 of the Packers and Stockyards Act, 1921 ( 7 U.S.C. 202 )); or (D) through a trading system or platform for the purchase or sale of cattle, or for an arrangement to purchase or sell cattle, through any means in which multiple buyer and seller participants have the ability to, and regularly and consistently, make and accept bids and offers on or at the trading system or platform. ; (4) by inserting after paragraph (4) (as so redesignated) the following: (5) Fed cattle \nThe term fed cattle means a steer or heifer that has been finished on a ration of roughage and feed concentrates, such as grains, protein meal, grass (forage), and other nutrient-rich feeds, prior to slaughter. ; (5) by inserting after paragraph (8) (as so redesignated) the following: (9) Mandatory minimum \nThe term mandatory minimum means, of the quantity of fed cattle purchased for slaughter by a covered packer (as defined in section 221) for each processing plant, the minimum percentage of such cattle that are required to be purchased through approved pricing mechanisms from producers that are not packers. ; and (6) by inserting after paragraph (10) (as so redesignated) the following: (11) Negotiated grid purchase \nThe term negotiated grid purchase , with respect to cattle, means a purchase— (A) involving the negotiation of a base price from which premiums are added and discounts are subtracted, determined by seller-buyer interaction and agreement on a delivery day; and (B) under which the cattle are scheduled for delivery to the packer not later than 14 days after the date on which the cattle are committed to the packer.. (b) Cattle reporting definitions \nSection 221 of the Agricultural Marketing Act of 1946 ( 7 U.S.C. 1635d ) is amended— (1) in paragraph (1), by striking 7-day and inserting 14-day ; (2) in paragraph (8)(B), by striking market and inserting marketing ; (3) by redesignating paragraphs (3), (4), (5), (6), (7), and (8) as paragraphs (5), (6), (8), (9), (11), and (12), respectively; (4) by inserting after paragraph (2) the following: (3) Covered contract \n(A) In general \nThe term covered contract means any agreement, written or oral, between a packer and a producer for the purchase of fed cattle for slaughter. (B) Exclusion \nThe term covered contract does not include a contract for a negotiated purchase. (4) Covered packer \nThe term covered packer means a packer that has slaughtered during the immediately preceding 5 calendar years an average of not less than 5 percent of the number of fed cattle slaughtered nationally during the immediately preceding 5 calendar years. ; (5) by inserting after paragraph (6) (as so redesignated) the following: (7) Heifer \nThe term heifer means a bovine female that has not given birth to a calf. ; and (6) by inserting after paragraph (9) (as so redesignated) the following: (10) Steer \nThe term ‘steer’ means a bovine male castrated before reaching sexual maturity..", "id": "idCB67ACBCBDEE4033B83DA12DD6560B4A", "header": "Definitions" }, { "text": "3. 14-Day cattle slaughter report \nSection 222(c) of the Agricultural Marketing Act of 1946 ( 7 U.S.C. 1635e(c) ) is amended— (1) in paragraph (1)— (A) by striking subparagraphs (B) and (C); and (B) by redesignating subparagraph (D) as subparagraph (B); (2) in paragraph (2), by striking the information and inserting information reported under this subsection ; (3) by redesignating paragraph (2) as paragraph (3); and (4) by inserting after paragraph (1) the following: (2) Prior day reporting \n(A) In general \nThe corporate officers or officially designated representatives of each packer processing plant shall report to the Secretary, for each business day of the packer processing plant, not later than 10:00 a.m. Central Time on each reporting day, the information from the prior business day described in subparagraph (B). (B) Information required \nThe information required under subparagraph (A) shall be, with respect to the prior business day, the number of cattle scheduled for delivery to a packer processing plant for slaughter for each of the next 14 calendar days..", "id": "id0F5ECD3D7CB8442F9AA427F023696B0F", "header": "14-Day cattle slaughter report" }, { "text": "4. Expedited carcass weights reporting \nSection 222 of the Agricultural Marketing Act of 1946 ( 7 U.S.C. 1635e ) is amended by adding at the end the following: (f) Expedited carcass weights \n(1) Determination \nNot later than 180 days after the date of enactment of the Cattle Price Discovery and Transparency Act of 2022 , the Secretary shall determine the minimum amount of time needed by the Secretary to publicly report the daily average carcass weight of cattle slaughtered by packer processing plants. (2) Reporting \nNot later than 180 days after the Secretary has made a determination under paragraph (1), the Secretary shall begin publicly reporting the information described in that paragraph within the time determined under that paragraph..", "id": "id80080C4BFA374AAA8587D1E08890C8A5", "header": "Expedited carcass weights reporting" }, { "text": "5. Mandatory reporting of cutout yield \nSection 223 of the Agricultural Marketing Act of 1946 ( 7 U.S.C. 1635f ) is amended— (1) in subsection (a)— (A) in the subsection heading, by striking Daily reporting and inserting In General ; (B) in paragraph (3)— (i) in subparagraph (C), by striking the period at the end and inserting ; and ; and (ii) by redesignating subparagraphs (A) through (C) as clauses (i) through (iii), respectively, and indenting appropriately; (C) by redesignating paragraphs (1) through (3) as subparagraphs (A) through (C), respectively, and indenting appropriately; (D) in the matter preceding subparagraph (A) (as so redesignated), by striking Secretary at least and inserting the following: “Secretary— (1) at least ; and (E) by adding at the end the following: (2) at least once each year, at a time determined by the Secretary, cutout yield data. ; and (2) in subsection (b)— (A) by striking the information required to be reported under subsection (a) ; and (B) by striking day. and inserting the following: “day— (1) the information required to be reported under subsection (a)(1); and (2) a composite price using the information required to be reported under paragraphs (1) and (2) of subsection (a)..", "id": "idD88F230D151B43C4AB21D02B5BDD66F0", "header": "Mandatory reporting of cutout yield" }, { "text": "6. Cattle contract library \nThe Agricultural Marketing Act of 1946 is amended— (1) by redesignating section 223 ( 7 U.S.C. 1635f ) as section 224; and (2) by inserting after section 222 ( 7 U.S.C. 1635e ) the following: 223. Cattle contract library \n(a) In general \nNot later than 120 days after the date of enactment of the Cattle Price Discovery and Transparency Act of 2022 , the Secretary shall establish and maintain, through the Livestock Mandatory Price Reporting program, a library or catalog (referred to in this section as the library ), of each type of covered contract entered into between packers and producers for the purchase of fed cattle (including cattle that are purchased or committed for delivery), including any schedules of premiums or discounts associated with the covered contract. (b) Information collection \n(1) In general \nTo maintain the library, the Secretary shall obtain information from each packer on each type of existing covered contract of the packer by requiring a filing or other form of information submission from each packer. (2) Contract information \nInformation submitted to the Secretary by a packer under paragraph (1) shall include, with respect to each existing covered contract of a packer— (A) the type of contract; (B) the duration of the contract; (C) a summary of the contract terms; (D) provisions in the contract that may affect the price of cattle covered by the contract, including schedules, premiums and discounts, financing and risk-sharing arrangements, and 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 and the percentage of cattle each week that may vary for delivery or nondelivery at the discretion of the packer, organized by reporting region or in such other manner as the Secretary may determine; (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 or requirements on the number of cattle that may be delivered to the packer under the contract, including the percentage of cattle that may vary for delivery or nondelivery in a given time period at the discretion of the packer; and (G) a description of the provisions in the contract that provide for expansion in the 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 \n(1) In general \nThe Secretary shall make publicly available to producers and other interested persons information (including the information described in subsection (b)(2)), in a user-friendly format, on the types of covered contracts in the library, including notice (on a real-time basis, if practicable) of the types of covered contracts that are entered into between packers and producers for the purchase of fed cattle. (2) Monthly report \n(A) In general \nBeginning 30 days after the library is established, the Secretary shall make the information obtained each month in the library available in a monthly report to producers and other interested persons. (B) Contents \nThe monthly report described in subparagraph (A) shall include— (i) based on the information collected under subsection (b)(2)(E), an estimate by the Secretary of the total number of fed cattle committed under covered 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; (ii) based on the information collected under subsection (b)(2)(F), the number of covered contracts with an open commitment and any weekly, monthly, annual, or other limitations or requirements on the number of cattle that may be delivered under such contracts, including the percentage of cattle that may vary for delivery or nondelivery in a given time period at the discretion of the packer; and (iii) based on the information collected under subsection (b)(2)(G), an estimate by the Secretary of 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 \nInformation in the library about types of contracts that are no longer offered or in use shall be removed from the library. (e) Confidentiality \nThe reporting requirements for packers under this section shall be subject to the confidentiality protections provided under section 251. (f) Violations \nIt 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) Authorization of appropriations \nThere are authorized to be appropriated to the Secretary such sums as are necessary to carry out this section..", "id": "id25A4459FF9B64F698DD867E6F837C656", "header": "Cattle contract library" }, { "text": "223. Cattle contract library \n(a) In general \nNot later than 120 days after the date of enactment of the Cattle Price Discovery and Transparency Act of 2022 , the Secretary shall establish and maintain, through the Livestock Mandatory Price Reporting program, a library or catalog (referred to in this section as the library ), of each type of covered contract entered into between packers and producers for the purchase of fed cattle (including cattle that are purchased or committed for delivery), including any schedules of premiums or discounts associated with the covered contract. (b) Information collection \n(1) In general \nTo maintain the library, the Secretary shall obtain information from each packer on each type of existing covered contract of the packer by requiring a filing or other form of information submission from each packer. (2) Contract information \nInformation submitted to the Secretary by a packer under paragraph (1) shall include, with respect to each existing covered contract of a packer— (A) the type of contract; (B) the duration of the contract; (C) a summary of the contract terms; (D) provisions in the contract that may affect the price of cattle covered by the contract, including schedules, premiums and discounts, financing and risk-sharing arrangements, and 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 and the percentage of cattle each week that may vary for delivery or nondelivery at the discretion of the packer, organized by reporting region or in such other manner as the Secretary may determine; (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 or requirements on the number of cattle that may be delivered to the packer under the contract, including the percentage of cattle that may vary for delivery or nondelivery in a given time period at the discretion of the packer; and (G) a description of the provisions in the contract that provide for expansion in the 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 \n(1) In general \nThe Secretary shall make publicly available to producers and other interested persons information (including the information described in subsection (b)(2)), in a user-friendly format, on the types of covered contracts in the library, including notice (on a real-time basis, if practicable) of the types of covered contracts that are entered into between packers and producers for the purchase of fed cattle. (2) Monthly report \n(A) In general \nBeginning 30 days after the library is established, the Secretary shall make the information obtained each month in the library available in a monthly report to producers and other interested persons. (B) Contents \nThe monthly report described in subparagraph (A) shall include— (i) based on the information collected under subsection (b)(2)(E), an estimate by the Secretary of the total number of fed cattle committed under covered 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; (ii) based on the information collected under subsection (b)(2)(F), the number of covered contracts with an open commitment and any weekly, monthly, annual, or other limitations or requirements on the number of cattle that may be delivered under such contracts, including the percentage of cattle that may vary for delivery or nondelivery in a given time period at the discretion of the packer; and (iii) based on the information collected under subsection (b)(2)(G), an estimate by the Secretary of 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 \nInformation in the library about types of contracts that are no longer offered or in use shall be removed from the library. (e) Confidentiality \nThe reporting requirements for packers under this section shall be subject to the confidentiality protections provided under section 251. (f) Violations \nIt 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) Authorization of appropriations \nThere are authorized to be appropriated to the Secretary such sums as are necessary to carry out this section.", "id": "idCF83591E61C548B2B820686157387DBC", "header": "Cattle contract library" }, { "text": "7. Market acquisition of fed cattle \n(a) Sense of the Senate \nIt is the sense of the Senate that— (1) all participants in the fed cattle market have a responsibility to contribute to sufficient levels of negotiated trade of fed cattle in all cattle feeding regions in order to achieve competitive bidding and maximum transparency in all relevant markets and robust price discovery for the benefit of all market participants; (2) covered packers that use negotiated market prices or internal formulations thereof as the basis for formula marketing arrangements may have incentives to not participate in price discovery in fed cattle markets, including in order to influence the price, especially if the majority of the cattle purchases are under fed cattle formula marketing arrangements under which it is particularly important to have minimum participation; and (3) the Department of Agriculture should examine academic literature regarding minimum levels of negotiated transactions necessary to achieve robust price discovery, eliminate the potential for price manipulation, and enhance cattle producer leverage in the marketplace in each of the cattle marketing regions. (b) Penalties \nSection 253(a) of the Agricultural Marketing Act of 1946 ( 7 U.S.C. 1636b(a) ) is amended— (1) in paragraph (1)— (A) by striking the paragraph designation and heading and all that follows through Any packer and inserting the following: (1) Penalty amount \n(A) In general \nExcept as provided in subparagraph (B), any packer ; and (B) by adding at the end the following: (B) Mandatory minimum violation \nAny packer or other person that violates section 259 may be assessed a civil penalty by the Secretary of not more than $90,000 for each violation (as adjusted for inflation). ; and (2) in paragraph (2)— (A) by striking Each day and inserting the following: (A) In general \nExcept as provided in subparagraph (B), each day ; and (B) by adding at the end the following: (B) Mandatory minimum violation \nEach week during which a violation of section 259 continues shall be considered to be a separate violation.. (c) Mandatory minimums \nThe Agricultural Marketing Act of 1946 is amended— (1) by redesignating sections 259 and 260 ( 7 U.S.C. 1636h , 1636i) as sections 260 and 261, respectively; and (2) by inserting after section 258 ( 7 U.S.C. 1636g ) the following: 259. Mandatory minimums \n(a) Purpose \nThe purpose of this section is to establish mandatory minimums— (1) to enhance price discovery, transparency, and cattle producer leverage for cattle market participants; and (2) to minimize and mitigate conflicts of interest and other incentives for a covered packer to influence the base price of formula marketing arrangements for the benefit of the covered packer through action or inaction in the market in which the base price is determined. (b) Establishment \n(1) In general \nNot later than 2 years after the date of enactment of the Cattle Price Discovery and Transparency Act of 2022 , the Secretary shall establish— (A) 5 to 7 contiguous regions (referred to in this section as covered regions ) that— (i) together encompass the entire continental United States; and (ii) to the extent practicable, reasonably reflect similar fed cattle purchase practices; (B) a mandatory minimum— (i) for each covered region established under subparagraph (A); and (ii) that shall be applicable with respect to each processing plant of a covered packer located in that covered region; and (C) a time period within which a covered packer shall be required to meet the applicable mandatory minimum, which shall be not less than 1 week but not more than 30 days. (2) Modifications \nThe Secretary— (A) shall review the mandatory minimums established under paragraph (1) not later than 2 years after the date of establishment and periodically thereafter, but not less frequently than once every 5 years; and (B) modify any such mandatory minimum, as necessary, after consulting with representatives of the United States cattle and beef industry and in accordance with paragraph (4). (3) Public input \nIn carrying out this subsection, the Secretary shall make all proposed mandatory minimums subject to notice and comment rulemaking and a cost-benefit analysis. (4) Considerations \nIn establishing or modifying mandatory minimums under this subsection for any covered region, the Secretary shall consider the following factors: (A) The number of covered packers in the covered region. (B) The availability of fed cattle in the covered region. (C) Pre-existing contractual arrangements of packers in the covered region. (D) The number of pricing transactions (pens of cattle sold) in the covered region. (E) The proportion of fed cattle purchased in the covered region through negotiated purchases or negotiated grid purchases relative to the number of formula marketing arrangements that use the negotiated prices or negotiated grid prices as base prices. (5) Initial mandatory minimum requirement \nThe initial mandatory minimum established under paragraph (1)(B) for each covered region shall be— (A) not less than the average percentage of negotiated purchases and negotiated grid purchases made in that covered region between January 1, 2020, and January 1, 2022; and (B) not more than 50 percent. (c) Purchases \nA covered packer shall, with respect to each processing plant of the covered packer, purchase through an approved pricing mechanism not less than the percentage of fed cattle required under the mandatory minimum established under subsection (b) for the covered region in which the processing plant is located. (d) Enforcement \n(1) In general \nOn establishing mandatory minimums under subsection (b), the Secretary— (A) shall regularly monitor compliance by covered packers with those mandatory minimums; and (B) in the case of noncompliance by a covered packer in a given period, may allow the covered packer to remedy the noncompliance by purchasing the applicable shortfall in the approved pricing mechanism in 1 or more subsequent periods, subject to paragraph (2). (2) Nonremedy \nThe Secretary shall not allow a covered packer to remedy noncompliance under paragraph (1)(B) if the covered packer has a pattern or practice of noncompliance, as determined by the Secretary. (e) Effect on premiums \nNothing in this section prohibits a formula marketing arrangement from including a premium in addition to the base price, including a premium for meat quality, consistency, breed, production method, branding, or any other value-added effort..", "id": "idB8629FFEF9484F8A8DCD800F35D7E6C9", "header": "Market acquisition of fed cattle" }, { "text": "259. Mandatory minimums \n(a) Purpose \nThe purpose of this section is to establish mandatory minimums— (1) to enhance price discovery, transparency, and cattle producer leverage for cattle market participants; and (2) to minimize and mitigate conflicts of interest and other incentives for a covered packer to influence the base price of formula marketing arrangements for the benefit of the covered packer through action or inaction in the market in which the base price is determined. (b) Establishment \n(1) In general \nNot later than 2 years after the date of enactment of the Cattle Price Discovery and Transparency Act of 2022 , the Secretary shall establish— (A) 5 to 7 contiguous regions (referred to in this section as covered regions ) that— (i) together encompass the entire continental United States; and (ii) to the extent practicable, reasonably reflect similar fed cattle purchase practices; (B) a mandatory minimum— (i) for each covered region established under subparagraph (A); and (ii) that shall be applicable with respect to each processing plant of a covered packer located in that covered region; and (C) a time period within which a covered packer shall be required to meet the applicable mandatory minimum, which shall be not less than 1 week but not more than 30 days. (2) Modifications \nThe Secretary— (A) shall review the mandatory minimums established under paragraph (1) not later than 2 years after the date of establishment and periodically thereafter, but not less frequently than once every 5 years; and (B) modify any such mandatory minimum, as necessary, after consulting with representatives of the United States cattle and beef industry and in accordance with paragraph (4). (3) Public input \nIn carrying out this subsection, the Secretary shall make all proposed mandatory minimums subject to notice and comment rulemaking and a cost-benefit analysis. (4) Considerations \nIn establishing or modifying mandatory minimums under this subsection for any covered region, the Secretary shall consider the following factors: (A) The number of covered packers in the covered region. (B) The availability of fed cattle in the covered region. (C) Pre-existing contractual arrangements of packers in the covered region. (D) The number of pricing transactions (pens of cattle sold) in the covered region. (E) The proportion of fed cattle purchased in the covered region through negotiated purchases or negotiated grid purchases relative to the number of formula marketing arrangements that use the negotiated prices or negotiated grid prices as base prices. (5) Initial mandatory minimum requirement \nThe initial mandatory minimum established under paragraph (1)(B) for each covered region shall be— (A) not less than the average percentage of negotiated purchases and negotiated grid purchases made in that covered region between January 1, 2020, and January 1, 2022; and (B) not more than 50 percent. (c) Purchases \nA covered packer shall, with respect to each processing plant of the covered packer, purchase through an approved pricing mechanism not less than the percentage of fed cattle required under the mandatory minimum established under subsection (b) for the covered region in which the processing plant is located. (d) Enforcement \n(1) In general \nOn establishing mandatory minimums under subsection (b), the Secretary— (A) shall regularly monitor compliance by covered packers with those mandatory minimums; and (B) in the case of noncompliance by a covered packer in a given period, may allow the covered packer to remedy the noncompliance by purchasing the applicable shortfall in the approved pricing mechanism in 1 or more subsequent periods, subject to paragraph (2). (2) Nonremedy \nThe Secretary shall not allow a covered packer to remedy noncompliance under paragraph (1)(B) if the covered packer has a pattern or practice of noncompliance, as determined by the Secretary. (e) Effect on premiums \nNothing in this section prohibits a formula marketing arrangement from including a premium in addition to the base price, including a premium for meat quality, consistency, breed, production method, branding, or any other value-added effort.", "id": "ida94490aba2034807b0fc16eda7555ed9", "header": "Mandatory minimums" } ]

[ { "text": "1. Short title \nThis Act may be cited as the Alaska Tourism Restoration Extension Act.", "id": "S1", "header": "Short title" }, { "text": "2. Voyages deemed foreign \n(a) Definitions \nSubsection (a) of section 2 of the Alaska Tourism Restoration Act ( Public Law 117–14 ) is amended to read as follows: (a) Definitions \nIn this section: (1) Covered cruise ship \n(A) In general \nThe term covered cruise ship means a vessel carrying passengers for hire that— (i) is listed in subparagraph (B); or (ii) only in the event that a vessel listed in subparagraph (B) experiences a mechanical or operational issue, is determined by the Secretary of the department in which the Coast Guard is operating to take the place of such vessel as a direct substitute of such vessel. (B) List \nA vessel listed in this subparagraph is any of the following: (i) Queen Elizabeth (IMO number 9477438). (ii) Eurodam (IMO number 9378448). (iii) Koningsdam (IMO number 9692557). (iv) Nieuw Amsterdam (IMO number 9378450). (v) Noordam (IMO number 9230115). (vi) Westerdam (IMO number 9226891). (vii) Zuiderdam (IMO number 9221279). (viii) Crown Princess (IMO number 9293399). (ix) Discovery Princess (IMO number 9837468). (x) Grand Princess (IMO number 9104005). (xi) Majestic Princess (IMO number 9614141). (xii) Royal Princess (IMO number 9584712). (xiii) Ruby Princess (IMO number 9378462). (xiv) Seabourn Odyssey (IMO number 9417086). (xv) Carnival Miracle (IMO number 9237357). (xvi) Carnival Spirit (IMO number 9188647). (xvii) Carnival Splendor (IMO number 9333163). (xviii) L'Austral (IMO number 9502518). (xix) Le Boreal (IMO number 9502506). (xx) Le Commandant Charcot (IMO number 9846249). (xxi) Star Breeze (IMO number 8807997). (xxii) Norwegian Bliss (IMO number 9751509). (xxiii) Norwegian Encore (IMO number 9751511). (xxiv) Norwegian Jewel (IMO number 9304045). (xxv) Norwegian Spirit (IMO number 9141065). (xxvi) Norwegian Sun (IMO number 9218131). (xxvii) Regatta (IMO number 9156474). (xxviii) Seven Seas Mariner (IMO number 9210139). (xxix) Scenic Eclipse (IMO number 9797371). (xxx) SH Minerva (IMO number 9895240). (xxxi) Serenity (IMO number 9243667). (xxxii) Eclipse (IMO number 9404314). (xxxiii) Solstice (IMO number 9362530). (xxxiv) Millennium (IMO number 9189419). (xxxv) Ovation of the Seas (IMO number 9697753). (xxxvi) Quantum of the Seas (IMO number 9549463). (xxxvii) Radiance of the Seas (IMO number 9195195). (xxxviii) Serenade of the Seas (IMO number 9228344). (xxxix) Silver Muse (IMO number 9784350). (xl) Silver Shadow (IMO number 9192167). (xli) Silver Wind (IMO number 8903935). (xlii) Summit (IMO number 9192387). (xliii) Infinity (IMO number 9189421). (xliv) Spectrum of the Seas (IMO number 9778856). (xlv) Navigator of the Seas (IMO number 9227508). (xlvi) Grandeur of the Seas (IMO number 9102978). (xlvii) Brilliance of the Seas (IMO number 9195200). (xlviii) Rhapsody of the Seas (IMO number 9116864. (xlix) Vision of the Seas (IMO number 9116876). (l) Enchantment of the Seas (IMO number 9111802). (li) Viking Orion (IMO number 9796250). (lii) Roald Amundsen (IMO number 9813072). (liii) NG Endurance (IMO number 9842554). (liv) NG Orion (IMO number 9273076). (lv) NG Resolution (IMO number 9880685). (lvi) Ocean Victory (IMO number 9868869). (lvii) Hanseatic Inspiration (IMO number 9817145). (lviii) Heritage Adventurer (IMO number 9000168). (lix) Sylvia Earle (IMO number 9872327). (2) Passenger for hire \nThe term passenger for hire has the meaning given the term in section 2101 of title 46, United States Code.. (b) Criteria \nSection 2(b)(2) of the Alaska Tourism Restoration Act ( Public Law 117–14 ) is amended by striking February 28, 2022 and inserting February 28, 2023. (c) Applicability; duration \nSection 2 of the Alaska Tourism Restoration Act ( Public Law 117–14 ) is amended by striking subsections (f) and (g) and inserting the following: (f) Applicability \nThis section shall apply only during any period during which covered cruise ships are prohibited by the Government of Canada, any political subdivision of Canada, or any port or province of Canada, from berthing or docking in Canadian waters of the Pacific Coast due to the COVID–19 pandemic..", "id": "idE56E71C90FC5460698DC325293970CAC", "header": "Voyages deemed foreign" } ]