S 675 IS

To increase market transparency in agricultural markets domestically and abroad.

To increase market transparency in agricultural markets domestically and abroad.

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 `Agriculture Market Transparency Act of 1999'.

SEC. 2. PILOT PROGRAM ON LIVESTOCK MARKET REPORTING.

(a) IN GENERAL- The Agricultural Marketing Act of 1946 is amended by inserting after section 203 (7 U.S.C. 1622) the following:

`SEC. 203A. PILOT PROGRAM ON LIVESTOCK MARKET REPORTING.

`(a) DEFINITIONS- In this section:

`(1) LIVESTOCK- The term `livestock' means cattle, sheep, and hogs.

`(2) LIVESTOCK PRODUCT- The term `livestock product' means a product or byproduct (other than meat or a meat food product) of the slaughtering or meat-packing industry that is derived, in whole or in part, from livestock.

`(3) PACKER- The term `packer' has the meaning given the term in section 201 of the Packers and Stockyards Act, 1921 (7 U.S.C. 191).

`(4) SECRETARY- The term `Secretary' means the Secretary of Agriculture.

`(b) MANDATORY REPORTING PILOT PROGRAM-

`(1) IN GENERAL- Subject to paragraph (7), the Secretary shall conduct a 3-year pilot program under which the Secretary shall require each packer to report to the Secretary (or a person designated by the Secretary), in such manner as the Secretary shall require, such information relating to prices, volume, and the terms of sale for the procurement of domestic and imported livestock and livestock products as the Secretary determines is appropriate.

`(2) ADMINISTRATION- In carrying out paragraph (1), the Secretary shall require packers to--

`(A) separately report domestic and imported livestock and livestock products; and

`(B) report the information required to be reported under paragraph (1) the next business day or as soon as practicable after the procurement of the livestock or livestock product.

`(3) NONCOMPLIANCE- It shall be unlawful for any packer to knowingly fail or refuse to provide to the Secretary information required to be reported under paragraph (1).

`(4) VERIFICATION- The Secretary may take such actions as are necessary to verify the accuracy of the information required to be reported under paragraph (1), regardless of the source of the information.

`(5) CEASE AND DESIST AND CIVIL PENALTY-

`(A) IN GENERAL- If the Secretary has reason to believe that a packer is violating paragraph (1) (including regulations promulgated under paragraph (1)), the Secretary, after notice and opportunity for hearing, may issue an order to cease and desist from continuing the violation and assess a civil penalty of not more than $10,000 for each violation.

`(B) FACTORS- In determining the amount of a civil penalty to be assessed under subparagraph (A), the Secretary shall consider the gravity of the offense, the size of the business involved, and the effect of the penalty on the ability of the packer to continue in business.

`(6) REFERRAL TO ATTORNEY GENERAL- If, after expiration of the period for appeal or after the affirmance of a civil penalty assessed under paragraph (5), the packer against whom the civil penalty is assessed fails to pay the civil penalty, the Secretary may refer the matter to the Attorney General, who may recover the amount of the civil penalty in a civil action in United States district court.

`(7) APPLICATION- This subsection shall apply only to the class of the largest packers (by volume) that are engaged in the business of buying, manufacturing, preparing, or marketing at least 80 percent of the volume of a particular type of livestock and livestock product that is bought, manufactured, prepared, or marketed in the United States, as determined by the Secretary.

`(c) VOLUNTARY REPORTING- The Secretary shall encourage voluntary reporting by packers that are not subjected to a mandatory reporting requirement under subsection (b).

`(d) AVAILABILITY OF INFORMATION- The Secretary shall make information received under this section available to the public only in a form that ensures that--

`(1) the identity of the packer submitting a report is not disclosed; and

`(2) the confidentiality of proprietary business information is otherwise protected.

`(e) EFFECT ON OTHER LAWS- Nothing in this section restricts or modifies the authority of the Secretary to collect voluntary reports in accordance with other provisions of law.'.

(b) REGULATIONS-

(1) IN GENERAL- Not later than 180 days after the date of enactment of this Act, the Secretary of Agriculture shall promulgate such regulations as are necessary to implement the amendment made by subsection (a). The promulgation of the regulations shall be made without regard to--

(A) the notice and comment provisions of section 553 of title 5, United States Code;

(B) the Statement of Policy of the Secretary of Agriculture effective July 24, 1971 (36 Fed. Reg. 13804), relating to notices of proposed rulemaking and public participation in rulemaking; and

(C) chapter 35 of title 44, United States Code (commonly known as the `Paperwork Reduction Act').

(2) CONGRESSIONAL REVIEW OF AGENCY RULEMAKING- In carrying out this subsection, the Secretary shall use the authority provided under section 808(2) of title 5, United States Code.

(c) CONFORMING AMENDMENT- Section 416 of the Packers and Stockyards Act, 1921 (7 U.S.C. 229a) (as added by section 1127(a) of division A of Public Law 105-277) is repealed.