II 

111TH CONGRESS 

2D SESSION S. 3656 

To amend the Agricultural Marketing Act of 1946 to improve the reporting 

on sales of livestock and dairy products, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 27, 2010 

Mrs. LINCOLN (for herself, Mr. CHAMBLISS, Mr. GRASSLEY, Mr. NELSON of 

Nebraska, Mr. JOHANNS, Mr. BAUCUS, Mr. BENNET, Mr. HARKIN, and 

Mr. ROBERTS) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry 

A BILL 

To amend the Agricultural Marketing Act of 1946 to improve 

the reporting on sales of livestock and dairy products, 

and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Mandatory Price Re5 porting Act of 2010’’. 

6 SEC. 2. LIVESTOCK MANDATORY REPORTING. 

7 (a) EXTENSION OF AUTHORITY.— 

8 (1) IN GENERAL.—Section 260 of the Agricul9 tural Marketing Act of 1946 (7 U.S.C. 1636i) is 


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1 amended by striking ‘‘September 30, 2010’’ and in2 serting ‘‘September 30, 2015’’. 

3 (2) CONFORMING AMENDMENT AND EXTEN4 SION.—Section 942 of the Livestock Mandatory Re5 porting Act of 1999 (7 U.S.C. 1635 note; Public 

6 Law 106–78) is amended by striking ‘‘September 

7 30, 2010’’ and inserting ‘‘September 30, 2015’’. 

8 (b) WHOLESALE PORK CUTS.— 

9 (1) REPORTING.—Chapter 3 of subtitle B of 

10 the Agricultural Marketing Act of 1946 (7 U.S.C. 

11 1635i et seq.) is amended by adding at the end the 

12 following new section: 

13 ‘‘SEC. 233. MANDATORY REPORTING OF WHOLESALE PORK 

14 CUTS. 

15 ‘‘(a) REPORTING.—The corporate officers or officially 

16 designated representatives of each packer shall report to 

17 the Secretary information concerning the price and volume 

18 of wholesale pork cuts, as the Secretary determines is nec19 essary and appropriate. 

20 ‘‘(b) PUBLICATION.—The Secretary shall publish in21 formation reported under subsection (a) as the Secretary 

22 determines necessary and appropriate.’’. 

23 (2) NEGOTIATED RULEMAKING.—The Secretary 

24 of Agriculture shall establish a negotiated rule25 making process pursuant to subchapter III of chapVerDate Mar 15 2010 02:17 Jul 28, 2010 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S3656.IS S3656

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1 ter 5 of title 5, United States Code, to negotiate and 

2 develop a proposed rule to implement the amend3 ment made by paragraph (1). 

4 (3) NEGOTIATED RULEMAKING COMMITTEE.— 

5 (A) REPRESENTATION.—Any negotiated 

6 rulemaking committee established by the Sec7 retary of Agriculture pursuant to paragraph (2) 

8 shall include representatives from— 

9 (i) organizations representing swine 

10 producers; 

11 (ii) organizations representing packers 

12 of pork, processors of pork, retailers of 

13 pork, and buyers of wholesale pork; 

14 (iii) the Department of Agriculture; 

15 and 

16 (iv) among interested parties that par17 ticipate in swine or pork production. 

18 (B) INAPPLICABILITY OF FEDERAL ADVI19 SORY COMMITTEE ACT.—Any negotiated rule20 making committee established by the Secretary 

21 of Agriculture pursuant to paragraph (2) shall 

22 not be subject to the Federal Advisory Com23 mittee Act (5 U.S.C. App.). 

24 (4) TIMING OF PROPOSED AND FINAL RULES.— 

25 In carrying out the negotiated rulemaking process 


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1 under paragraph (2), the Secretary of Agriculture 

2 shall ensure that— 

3 (A) any recommendation for a proposed 

4 rule or report is provided to the Secretary of 

5 Agriculture not later than 180 days after the 

6 date of the enactment of this Act; and 

7 (B) a final rule is promulgated not later 

8 than one and a half years after the date of the 

9 enactment of this Act. 

10 (c) PORK EXPORT REPORTING.—Section 602(a)(1) 

11 of the Agricultural Trade Act of 1978 (7 U.S.C. 

12 5712(a)(1)) is amended by striking ‘‘cotton,’’ and insert13 ing ‘‘cotton, pork,’’. 

14 SEC. 3. DAIRY MANDATORY REPORTING. 

15 (a) ELECTRONIC REPORTING REQUIRED.—Sub16 section (d) of section 273 of the Agricultural Marketing 

17 Act of 1946 (7 U.S.C. 1637b) is amended to read as fol18 lows: 

19 ‘‘(d) ELECTRONIC REPORTING.— 

20 ‘‘(1) ELECTRONIC REPORTING SYSTEM RE21 QUIRED.—The Secretary shall establish an electronic 

22 reporting system to carry out this section. 

23 ‘‘(2) PUBLICATION.—Not later than 3:00 p.m. 

24 Eastern Time on the Wednesday of each week, the 

25 Secretary shall publish a report containing the inforVerDate Mar 15 2010 02:17 Jul 28, 2010 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S3656.IS S3656

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1 mation obtained under this section for the preceding 

2 week.’’. 

3 (b) IMPLEMENTATION.—Not later than one year 

4 after the date of enactment of this Act, the Secretary of 

5 Agriculture shall implement the electronic reporting sys6 tem required by subsection (d) of section 273 of the Agri7 cultural Marketing Act of 1946 (7 U.S.C. 1637b), as 

8 amended by subsection (a). Until the electronic reporting 

9 system is implemented, the Secretary shall continue to 

10 conduct mandatory dairy product information reporting 

11 under the authority of such section, as in effect on the 

12 day before the date of enactment of this Act. 

Æ 


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