[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 675 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                 S. 675

 To increase market transparency in agricultural markets domestically 
                              and abroad.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 19, 1999

  Mr. Daschle (for himself, Mr. Kerrey, Mr. Grassley, Mr. Thomas, Mr. 
Johnson, Mr. Conrad, Mr. Baucus, Mr. Harkin, Mr. Dorgan, Mr. Wellstone, 
 Mr. Bingaman, Mr. Durbin, and Mr. Feingold) introduced the following 
      bill; which was read twice and referred to the Committee on 
                  Agriculture, Nutrition and Forestry

_______________________________________________________________________

                                 A BILL


 
 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.
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