2000
<PRE>[DOCID: f:s2773enr.txt]
        S.2773

                       One Hundred Sixth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

           Begun and held at the City of Washington on Monday,
             the twenty-fourth day of January, two thousand


                                 An Act


 
To amend the Agricultural Marketing Act of 1946 to enhance dairy markets 
   through dairy product mandatory reporting, 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 ``Dairy Market Enhancement Act of 
2000''.

SEC. 2. DAIRY PRODUCT MANDATORY REPORTING.

    The Agricultural Marketing Act of 1946 (7 U.S.C. 1621 et seq.) is 
amended by adding at the end the following:

            ``Subtitle C--Dairy Product Mandatory Reporting

``SEC. 271. PURPOSE.

    ``The purpose of this subtitle is to establish a program of 
information regarding the marketing of dairy products that--
        ``(1) provides information that can be readily understood by 
    producers and other market participants, including information with 
    respect to prices, quantities sold, and inventories of dairy 
    products;
        ``(2) improves the price and supply reporting services of the 
    Department of Agriculture; and
        ``(3) encourages competition in the marketplace for dairy 
    products.

``SEC. 272. DEFINITIONS.

    ``In this subtitle:
        ``(1) Dairy products.--The term `dairy products' means 
    manufactured dairy products that are used by the Secretary to 
    establish minimum prices for Class III and Class IV milk under a 
    Federal milk marketing order issued under section 8c of the 
    Agricultural Adjustment Act (7 U.S.C. 608c), reenacted with 
    amendments by the Agricultural Marketing Agreement Act of 1937.
        ``(2) Manufacturer.--The term `manufacturer' means any person 
    engaged in the business of buying milk in commerce for the purpose 
    of manufacturing dairy products.
        ``(3) Secretary.--The term `Secretary' means the Secretary of 
    Agriculture.

``SEC. 273. MANDATORY REPORTING FOR DAIRY PRODUCTS.

    ``(a) Establishment.--The Secretary shall establish a program of 
mandatory dairy product information reporting that will--
        ``(1) provide timely, accurate, and reliable market 
    information;
        ``(2) facilitate more informed marketing decisions; and
        ``(3) promote competition in the dairy product manufacturing 
    industry.
    ``(b) Requirements.--
        ``(1) In general.--In establishing the program, the Secretary 
    shall only--
            ``(A)(i) subject to the conditions described in paragraph 
        (2), require each manufacturer to report to the Secretary 
        information concerning the price, quantity, and moisture 
        content of dairy products sold by the manufacturer; and
            ``(ii) modify the format used to provide the information on 
        the day before the date of enactment of this subtitle to ensure 
        that the information can be readily understood by market 
        participants; and
            ``(B) require each manufacturer and other person storing 
        dairy products to report to the Secretary, at a periodic 
        interval determined by the Secretary, information on the 
        quantity of dairy products stored.
        ``(2) Conditions.--The conditions referred to in paragraph 
    (1)(A)(i) are that--
            ``(A) the information referred to in paragraph (1)(A)(i) is 
        required only with respect to those package sizes actually used 
        to establish minimum prices for Class III or Class IV milk 
        under a Federal milk marketing order;
            ``(B) the information referred to in paragraph (1)(A)(i) is 
        required only to the extent that the information is actually 
        used to establish minimum prices for Class III or Class IV milk 
        under a Federal milk marketing order;
            ``(C) the frequency of the required reporting under 
        paragraph (1)(A)(i) does not exceed the frequency used to 
        establish minimum prices for Class III or Class IV milk under a 
        Federal milk marketing order; and
            ``(D) the Secretary may exempt from all reporting 
        requirements any manufacturer that processes and markets less 
        than 1,000,000 pounds of dairy products per year.
    ``(c) Administration.--
        ``(1) In general.--The Secretary shall promulgate such 
    regulations as are necessary to ensure compliance with, and 
    otherwise carry out, this subtitle.
        ``(2) Confidentiality.--
            ``(A) In general.--Except as otherwise directed by the 
        Secretary or the Attorney General for enforcement purposes, no 
        officer, employee, or agent of the United States shall make 
        available to the public information, statistics, or documents 
        obtained from or submitted by any person under this subtitle 
        other than in a manner that ensures that confidentiality is 
        preserved regarding the identity of persons, including parties 
        to a contract, and proprietary business information.
            ``(B) Relation to other requirements.--Notwithstanding any 
        other provision of law, no facts or information obtained under 
        this subtitle shall be disclosed in accordance with section 552 
        of title 5, United States Code.
        ``(3) Verification.--The Secretary shall take such actions as 
    the Secretary considers necessary to verify the accuracy of the 
    information submitted or reported under this subtitle.
        ``(4) Enforcement.--
            ``(A) Unlawful act.--It shall be unlawful and a violation 
        of this subtitle for any person subject to this subtitle to 
        willfully fail or refuse to provide, or delay the timely 
        reporting of, accurate information to the Secretary in 
        accordance with this subtitle.
            ``(B) Order.--After providing notice and an opportunity for 
        a hearing to affected persons, the Secretary may issue an order 
        against any person to cease and desist from continuing any 
        violation of this subtitle.
            ``(C) Appeal.--
                ``(i) In general.--The order of the Secretary under 
            subparagraph (B) shall be final and conclusive unless an 
            affected person files an appeal of the order of the 
            Secretary in United States district court not later than 30 
            days after the date of the issuance of the order.
                ``(ii) Findings.--A finding of the Secretary under this 
            paragraph shall be set aside only if the finding is found 
            to be unsupported by substantial evidence.
            ``(D) Noncompliance with order.--
                ``(i) In general.--If a person subject to this subtitle 
            fails to obey an order issued under this paragraph after 
            the order has become final and unappealable, or after the 
            appropriate United States district court has entered a 
            final judgment in favor of the Secretary, the United States 
            may apply to the appropriate United States district court 
            for enforcement of the order.
                ``(ii) Enforcement.--If the court determines that the 
            order was lawfully made and duly served and that the person 
            violated the order, the court shall enforce the order.
                ``(iii) Civil penalty.--If the court finds that the 
            person violated the order, the person shall be subject to a 
            civil penalty of not more than $10,000 for each offense.
        ``(5) Fees.--The Secretary shall not charge or assess a user 
    fee, transaction fee, service charge, assessment, reimbursement 
    fee, or any other fee under this subtitle for--
            ``(A) the submission or reporting of information;
            ``(B
396
) the receipt or availability of, or access to, 
        published reports or information; or
            ``(C) any other activity required under this subtitle.
        ``(6) Recordkeeping.--Each person required to report 
    information to the Secretary under this subtitle shall maintain, 
    and make available to the Secretary, on request, original 
    contracts, agreements, receipts, and other records associated with 
    the sale or storage of any dairy products during the 2-year period 
    beginning on the date of the creation of the records.
    ``(d) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as are necessary to carry out this section.''.

                               Speaker of the House of Representatives.

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

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