Text: S.3656 — 111th Congress (2009-2010)

09/27/2010 Became Public Law No: 111-239

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[Congressional Bills 111th Congress]
[From the U.S. Government Printing Office]
[S. 3656 Enrolled Bill (ENR)]

        S.3656

                      One Hundred Eleventh Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
             the fifth day of January, two thousand and ten


                                 An Act


 
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.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.