mula-based pricing systems, quality characteristics
(including percent lean and carcass weight), and any
current or future contract offered by a packer.
‘‘(5) SECRETARY.—The term ‘Secretary’ means
the Secretary of Agriculture.
‘‘(b) MANDATORY REPORTING REQUIRED.—
‘‘(1) PACKERS SUBJECT TO REQUIREMENT.—
This subsection applies only to a packer that the
Secretary estimates is engaged in the business of
buying, manufacturing, preparing, or marketing
more than five percent (by daily volume) of—
‘‘(A) all cattle, all sheep, or all swine that
are bought, prepared, or marketed in the
United States;
‘‘(B) all livestock products that are bought,
manufactured, prepared, or marketed in the
United States; or
‘‘(C) any combination of subparagraphs
(A) and (B).
‘‘(2) REQUIRED INFORMATION.—The Secretary
shall require each packer described in paragraph (1)
to report to the Secretary, in such manner as the
Secretary shall require, such information relating to
prices, volume, and terms of sale for the procure-
ment of domestic and imported livestock and live-
stock products as the Secretary determines is appro-
priate.
‘‘(3) ADMINISTRATION.—In carrying out para-
graph (2), the Secretary shall require packers de-
scribed in paragraph (1)—
‘‘(A) to separately report domestic and im-
ported livestock and livestock products; and
‘‘(B) to report the information required
under paragraph (2) by the next business day,
as defined by the Secretary.
‘‘(4) NONCOMPLIANCE.—It shall be unlawful
for any packer described in paragraph (1) to know-
ingly fail or refuse to provide to the Secretary infor-
mation required under paragraph (2).
‘‘(5) VERIFICATION.—The Secretary may take
such actions as are necessary to verify the accuracy
of the information required under paragraph (2), re-
gardless of the source of the information.
‘‘(6) CEASE
AND
DESIST
AND
CIVIL
PEN-
ALTY.—
‘‘(A) IN GENERAL.—If the Secretary has
reason to believe that a packer described in
paragraph (1) is violating this subsection (or a
regulation issued under this subsection), the
Secretary may issue an order to cease and de-
sist from continuing the violation and assess a
civil penalty of not more than $10,000 for each
violation. The order shall be issued only after
notice and an opportunity for hearing is pro-
vided to the packer.
‘‘(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 busi-
ness involved, and the effect of the penalty on
the ability of the packer to continue in business.
‘‘(7) REFERRAL TO ATTORNEY GENERAL.—If,
after expiration of the period for appeal or after the
affirmance of a civil penalty assessed under para-
graph (6), the packer against whom the civil penalty
is assessed fails to pay the civil penalty, the Sec-
retary 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.
‘‘(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.—
‘‘(1) TIMELY
AVAILABILITY.—The Secretary
shall make information received under this section
available to the public in a timely manner to permit
the use of the information while it is still relevant.
‘‘(2) LIMITATIONS.—The disclosure of informa-
tion under paragraph (1) may be made only in a
form that ensures the following:
‘‘(A) The identity of the parties involved in
any transaction described in a report is not dis-
closed.
‘‘(B) The identity of the packer submitting
a report is not disclosed.
‘‘(C) The confidentiality of proprietary
business information is otherwise protected.
‘‘(e) EFFECT ON OTHER LAWS.—Nothing in this sec-
tion restricts or modifies the authority of the Secretary
to collect voluntary reports in accordance with other provi-
sions of law.
‘‘(f) TERMINATION
OF
MANDATORY
REQUIRE-
MENT.—The reporting requirement established by sub-
section (b) shall expire at the end of the three-year period
beginning on the date of the enactment of this section.’’.
(b) REPEAL OF PILOT PRICE REPORTING INVESTIGA-
TION.—Section 416 of the Packers and Stockyards Act,
1921 (7 U.S.C. 229a), as added by section 1127(a) of the
Agriculture, Rural Development, Food and Drug Adminis-
tration, and Related Agencies Appropriations Act, 1999
(as contained in section 101(a) of division A of Public Law
105–277), is repealed.
SEC. 9. REGULATIONS.
(a) ISSUANCE OF REGULATIONS.—As soon as prac-
ticable after the date of enactment of this Act, the Sec-
retary and the Commodity Credit Corporation, as appro-
priate, shall issue such regulations as are necessary and
appropriate to its implementation. The Secretary’s regula-
tions shall address, among other matters, any misrepre-
sentations, schemes, or devices used by applicants in sub-
mitting claims for benefits, appeals applicable with respect
to those applicants dissatisfied with determination of bene-
fits, and provisions relating to entitlement to benefits by
estates, trusts, and minors. The issuance of the regula-
tions shall be made without regard to—
(1) the notice and comment provisions of sec-
tion 553 of title 5, United States Code;
(2) 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
(3) chapter 35 of title 44, United States Code
(commonly known as the ‘‘Paperwork Reduction
Act’’).
(b) CONGRESSIONAL REVIEW
OF AGENCY RULE-
MAKING.—In carrying out this Act, the Secretary shall use
the authority provided under section 808(2) of title 5,
United States Code.
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