[Congressional Record Volume 156, Number 124 (Wednesday, September 15, 2010)]
[House]
[Pages H6706-H6707]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                              {time}  1220
                 MANDATORY PRICE REPORTING ACT OF 2010

  Mr. SCOTT of Georgia. Madam Speaker, I move to suspend the rules and 
pass the bill (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.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                                S. 3656

       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,''.

[[Page H6707]]

     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.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Georgia (Mr. Scott) and the gentleman from Oklahoma (Mr. Lucas) each 
will control 20 minutes.
  The Chair recognizes the gentleman from Georgia.


                             General Leave

  Mr. SCOTT of Georgia. Madam Speaker, I ask unanimous consent that all 
Members may have 5 legislative days in which to revise and extend their 
remarks on the bill, S. 3656.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Georgia?
  There was no objection.
  Mr. SCOTT of Georgia. Madam Speaker, I yield myself such time as I 
may consume.
  The Mandatory Price Reporting Act of 2010 will authorize for 5 years 
the mandatory price reporting programs run by the United States 
Department of Agriculture. This act requires sales information to be 
reported and published in a timely fashion, allowing livestock buyers 
and sellers to make more informed decisions.
  The Mandatory Price Reporting Act of 2010 adds mandatory reporting 
for wholesale pork cuts and pork exports. It also requires USDA to 
establish an electronic reporting system for dairy products so that 
price information is made available more quickly.
  Madam Speaker, reauthorizing mandatory price reporting programs 
provides producers with the transparent, accurate and timely market 
information they need. I urge passage of the Mandatory Price Reporting 
Act of 2010.
  Madam Speaker, I reserve the balance of my time.
  Mr. LUCAS. I yield myself such time as I may consume.
  Madam Speaker, S. 3656, the Mandatory Price Reporting Act of 2010, is 
a straightforward, 5-year reauthorization of a program that began with 
passage of the original legislation in 1999. The original act came as a 
result of many months of negotiations between a broad array of industry 
participants and required packers to report livestock purchase prices 
to USDA's Agriculture Marketing Service. Both producers and packers 
agree that mandatory price reporting plays an important role in 
transparent, accurate and timely decision-making for participants in 
today's livestock markets.
  This program was last reauthorized during the 109th Congress. As with 
that original legislation and subsequent reauthorizations or 
amendments, S. 3656 represents a consensus view of many producer and 
packer interests with a direct stake in the reporting program. Anyone 
familiar with animal agriculture knows how challenging it can be to 
have this many competing interests--from producers to processors--
achieve an agreement.
  S. 3656 will make some small changes to the existing reporting 
program. First, reporting of wholesale pork cuts will be required for 
the first time. The details of this new rule will be worked out in the 
rulemaking process. Second, there will now be reporting on a weekly 
basis of pork exports. Finally, the legislation directs the Secretary 
to implement an electronic system of dairy price reporting in the 
absence of an appropriation for this purpose.
  Companion legislation, H.R. 5852, passed the House Agriculture 
Committee on July 28. Since mandatory price reporting expires on 
September 30, it is timely that we are acting today. I advocate passage 
of the legislation.
  Madam Speaker, I yield back the balance of my time.
  Mr. SCOTT of Georgia. Madam Speaker, I urge my colleagues to pass 
this very timely and needed bill to modernize our marketing system and 
to bring transparency to our buyers and purchasers within our livestock 
industry and within the animal agriculture industry. It is important 
for our Nation.
  Madam Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Georgia (Mr. Scott) that the House suspend the rules and 
pass the bill, S. 3656.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.

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