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Full Text of this Amendment

SA 3611. Mr. FEINGOLD submitted an amendment intended to be proposed to amendment SA 3500 proposed by Mr. HARKIN (for himself, Mr. CHAMBLISS, Mr. BAUCUS, and Mr. GRASSLEY) to the bill H.R. 2419, to provide for the continuation of agricultural programs through fiscal year 2012, and for other purposes; which was ordered to lie on the table; as follows:

On page 182, between lines 16 and 17, insert the following:
Subsection (b) of section 273 of the Agricultural Marketing Act of 1946 (7 U.S.C. 1637b) (as redesignated by section 1609(2)) is amended--
(1) in paragraph (3)--
(A) by striking ``shall take such actions'' and inserting ``shall--
``(A) take such actions'';
(B) in subparagraph (A) (as designated by subparagraph (A)), by striking the period at the end and inserting ``; and''; and
(C) by adding at the end the following:
``(B) include regular audits and comparisons with other related dairy market statistics collected by other Federal agencies or private entities on at least a monthly basis.''; and
(2) in paragraph (4)(A)--
(A) by striking ``subtitle to willfully fail'' and inserting ``subtitle--
``(i) to willfully fail'';
(B) in clause (i) (as designated by subparagraph (A)), by striking the period at the end and inserting ``, including provision or reporting of erroneous prices (including prices for sales covered by fixed price contracts with terms of more than 30 days); and''; and
(C) by adding at the end the following:
``(ii) to manipulate spot market prices or other markets to provide a false price signal to the market and influence prices reported under this subtitle.''.
On page 1243, between lines 13 and 14, insert the following:
(a) In General.--The Secretary shall select an official within the Department of Agriculture to coordinate the sharing of information on oversight of the dairy industry to ensure fair competition.
(b) Duties.--The official selected under subsection (a) shall--
(1) serve as a liaison among the Agricultural Marketing Service, Farm Service Agency, and National Agricultural Statistics Service;
(2) coordinate with the Commodity Futures Trading Commission, the Department of Justice, and the Federal Trade Commission, as appropriate;
(3) maintain informal communication among the Federal agencies specified in paragraphs (1) and (2) and other Federal agencies, as necessary;
(4) hold at least 1 formal annual meeting during each calendar year; and
(5) submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate, and make available to the public, an annual report that describes issues of concern in the dairy industry, including--
(A) concentration among cooperatives or processors;
(B) the farm-retail price spread (including flat pricing);
(C) an examination of the competition implications of cooperative and processor joint ventures; and
(D) statistics on volumes of dairy products traded on dairy markets and reported through mandatory price reporting relative to the overall market.

(As printed in the Congressional Record for the Senate on Nov 13, 2007.)