[Congressional Record Volume 146, Number 135 (Wednesday, October 25, 2000)]
[Senate]
[Pages S11006-S11007]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          AMENDMENTS SUBMITTED

                                 ______
                                 

                  DAIRY MARKET ENHANCEMENT ACT OF 2000

                                 ______
                                 

                        CRAIG AMENDMENT NO. 4340

  Mr. STEVENS (for Mr. Craig) proposed an amendment to the bill (S. 
2773) to amend the Agricultural Marketing Act of 1946 to enhance dairy 
markets through dairy product mandatory reporting, and for other 
purposes; 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.

[[Page S11007]]

       ``(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.''.
                                 ______
                                 

              NATIONAL RECORDING PRESERVATION ACT OF 2000

                                 ______
                                 

                DASCHLE (AND OTHERS) AMENDMENT NO. 4341

  Mr. STEVENS (for Mr. Daschle (for himself, Mr. Leahy, and Mr. Wyden)) 
proposed an amendment to the bill (H.R. 4846) to establish the National 
Recording Registry in the Library of Congress to maintain and preserve 
recordings that are culturally, historically, or aesthetically 
significant, and for other purposes; as follows:

       In section 101, insert ``and collections of sound 
     recordings'' after ``recordings''.
       In section 102(a)(1), insert ``and collections of sound 
     recordings'' after ``recordings''.
       In section 102(a)(1), strike ``10 years'' and insert ``25 
     years''.
       In section 102(a)(3), insert ``and collections of sound 
     recordings'' after ``recordings''.
       In section 102(b), insert ``or collection of sound 
     recordings'' after ``recording''.
       In section 103(a), insert ``or collection of sound 
     recordings'' after ``recording'' each place it appears.
       In section 103(b)(1), insert ``or collection of sound 
     recordings'' after ``sound recording''.
       In section 103(b)(4), insert ``or collection of sound 
     recordings'' after ``sound recording'' the first place it 
     appears.
       In section 103(c), insert ``or collection of sound 
     recordings'' after ``sound recording''.
       In section 103(c), strike ``recording,'' and insert 
     ``recording or collection,''.
       In section 104(a), insert ``(including electronic access)'' 
     after ``reasonable access''.
       In the heading for section 122(d)(2), insert ``or 
     organization'' after ``organization''.
       In section 124(a)(1), insert ``and collections of sound 
     recordings'' after ``recordings'' the first place it appears.
       Add at the end of section 124 the following new subsection:
       (c) Encouraging Accessibility to Registry and Out of Print 
     Recordings.--The Board shall encourage the owners of 
     recordings and collections of recordings included in the 
     National Recording Registry and the owners of out of print 
     recordings to permit digital access to such recordings 
     through the National Audio-Visual Conservation Center at 
     Culpeper, Virginia, in order to reduce the portion of the 
     Nation's recorded cultural legacy which is inaccessible to 
     students, educators, and others, and may suggest such other 
     measures as it considers reasonable and appropriate to 
     increase public accessibility to such recordings.
       Insert after section 125 the following new section:

     SEC. 126. ESTABLISHMENT OF BYLAWS BY LIBRARIAN.

       The Librarian may establish such bylaws (consistent with 
     this subtitle) as the Librarian considers appropriate to 
     govern the organization and operation of the Board, including 
     bylaws relating to appointments and removals of members or 
     organizations described in section 122(a)(2) which may be 
     required as a result of changes in the title, membership, or 
     nature of such organizations occurring after the date of the 
     enactment of this Act.
       Redesignate section 133 as section 134 and insert after 
     section 132 the following new section:

     SEC. 133. ENCOURAGING ACTIVITIES TO FOCUS ON RARE AND 
                   ENDANGERED RECORDINGS.

       Congress encourages the Librarian and the Board, in 
     carrying out their duties under this Act, to undertake 
     activities designed to preserve and bring attention to sound 
     recordings which are rare and sound recordings and 
     collections of recordings which are in danger of becoming 
     lost due to deterioration.
                                 ______
                                 

                       DASCHLE AMENDMENT NO. 4342

  Mr. STEVENS (for Mr. Daschle) proposed an amendment to the bill (H.R. 
4846) supra; as follows:

       Amend the title to read as follows: ``A Bill to establish 
     the National Recording Registry in the Library of Congress to 
     maintain and preserve sound recordings and collections of 
     sound recordings that are culturally, historically, or 
     aesthetically significant, and for other purposes.''.

                          ____________________