[Congressional Record Volume 146, Number 135 (Wednesday, October 25, 2000)]
[Senate]
[Pages S10952-S10953]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                  DAIRY MARKET ENHANCEMENT ACT OF 2000

  Mr. STEVENS. Mr. President, I ask unanimous consent that the 
Agriculture Committee be discharged from further consideration of S. 
2773, and the Senate then proceed to its immediate consideration.
  The PRESIDING OFFICER. Without objection, it is so ordered. The clerk 
will report the bill by title.
  The legislative clerk read as follows:

       A bill (S. 2773) to amend the Agricultural Marketing Act of 
     1946 to enhance dairy markets through dairy product mandatory 
     reporting, and for other purposes.

  There being no objection, the Senate proceeded to consider the bill.


                           Amendment No. 4340

  Mr. STEVENS. Senator Craig has an amendment at the desk, and I ask 
for its consideration.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from Alaska [Mr. Stevens], for Mr. Craig, 
     proposes an amendment numbered 4340.

  Mr. STEVENS. Mr. President, I ask unanimous consent reading of the 
amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

       Strike all after the enacting clause and insert the 
     following:

     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) 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,

[[Page S10953]]

     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.''.

  Mr. STEVENS. I ask unanimous consent the amendment be agreed to, the 
bill be read for the third time and passed, the motion to reconsider be 
laid on the table, and any statements relating to this bill be printed 
in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 4340) was agreed to.
  The bill (S. 2773), as amended, was read the third time and passed.

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