[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5852 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 5852

    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 HOUSE OF REPRESENTATIVES

                             July 26, 2010

  Mr. Peterson (for himself, Mr. Baca, Mr. Boswell, Mr. Conaway, Mr. 
  Cuellar, Mrs. Dahlkemper, Mr. Fortenberry, Ms. Herseth Sandlin, Mr. 
  Holden, Mr. Kagen, Mr. King of Iowa, Mr. Kissell, Mrs. Lummis, Ms. 
Markey of Colorado, Mr. McIntyre, Mr. Moran of Kansas, Mr. Pomeroy, Mr. 
 Scott of Georgia, Mr. Smith of Nebraska, and Mr. Walz) introduced the 
   following bill; which was referred to the Committee on Agriculture

_______________________________________________________________________

                                 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.

    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 ``Mandatory Price Reporting Act of 
2010''.

SEC. 2. LIVESTOCK MANDATORY REPORTING.

    (a) Extension of Authority.--
            (1) In general.--Section 260 of the Agricultural Marketing 
        Act of 1946 (7 U.S.C. 1636i) is amended by striking ``September 
        30, 2010'' and inserting ``September 30, 2015''.
            (2) Conforming amendment and extension.--Section 942 of the 
        Livestock Mandatory Reporting Act of 1999 (7 U.S.C. 1635 note; 
        Public Law 106-78) is amended by striking ``September 30, 
        2010'' and inserting ``September 30, 2015''.
    (b) Wholesale Pork Cuts.--
            (1) Reporting.--Chapter 3 of subtitle B of the Agricultural 
        Marketing Act of 1946 (7 U.S.C. 1635i et seq.) is amended by 
        adding at the end the following new section:

``SEC. 233. MANDATORY REPORTING OF WHOLESALE PORK CUTS.

    ``(a) Reporting.--The corporate officers or officially designated 
representatives of each packer shall report to the Secretary 
information concerning the price and volume of wholesale pork cuts, as 
the Secretary determines is necessary and appropriate.
    ``(b) Publication.--The Secretary shall publish information 
reported under subsection (a) as the Secretary determines necessary and 
appropriate.''.
            (2) Negotiated rulemaking.--The Secretary of Agriculture 
        shall establish a negotiated rulemaking process pursuant to 
        subchapter III of chapter 5 of title 5, United States Code, to 
        negotiate and develop a proposed rule to implement the 
        amendment made by paragraph (1).
            (3) Negotiated rulemaking committee.--
                    (A) Representation.--Any negotiated rulemaking 
                committee established by the Secretary of Agriculture 
                pursuant to paragraph (2) shall include representatives 
                from--
                            (i) organizations representing swine 
                        producers;
                            (ii) organizations representing packers of 
                        pork, processors of pork, retailers of pork, 
                        and buyers of wholesale pork;
                            (iii) the Department of Agriculture; and
                            (iv) among interested parties that 
                        participate in swine or pork production.
                    (B) Inapplicability of federal advisory committee 
                act.--Any negotiated rulemaking committee established 
                by the Secretary of Agriculture pursuant to paragraph 
                (2) shall not be subject to the Federal Advisory 
                Committee Act (5 U.S.C. App.).
            (4) Timing of proposed and final rules.--In carrying out 
        the negotiated rulemaking process under paragraph (2), the 
        Secretary of Agriculture shall ensure that--
                    (A) any recommendation for a proposed rule or 
                report is provided to the Secretary of Agriculture not 
                later than 180 days after the date of the enactment of 
                this Act; and
                    (B) a final rule is promulgated not later than one 
                and a half years after the date of the enactment of 
                this Act.
    (c) Pork Export Reporting.--Section 602(a)(1) of the Agricultural 
Trade Act of 1978 (7 U.S.C. 5712(a)(1)) is amended by striking 
``cotton,'' and inserting ``cotton, pork,''.

SEC. 3. DAIRY MANDATORY REPORTING.

    (a) Electronic Reporting Required.--Subsection (d) of section 273 
of the Agricultural Marketing Act of 1946 (7 U.S.C. 1637b) is amended 
to read as follows:
    ``(d) Electronic Reporting.--
            ``(1) Electronic reporting system required.--The Secretary 
        shall establish an electronic reporting system to carry out 
        this section.
            ``(2) Publication.--Not later than 3:00 p.m. Eastern Time 
        on the Wednesday of each week, the Secretary shall publish a 
        report containing the information obtained under this section 
        for the preceding week.''.
    (b) Implementation.--Not later than one year after the date of 
enactment of this Act, the Secretary of Agriculture shall implement the 
electronic reporting system required by subsection (d) of section 273 
of the Agricultural Marketing Act of 1946 (7 U.S.C. 1637b), as amended 
by subsection (a). Until the electronic reporting system is 
implemented, the Secretary shall continue to conduct mandatory dairy 
product information reporting under the authority of such section, as 
in effect on the day before the date of enactment of this Act.
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