
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 7USC1636]

 
                          TITLE 7--AGRICULTURE
 
     CHAPTER 38--DISTRIBUTION AND MARKETING OF AGRICULTURAL PRODUCTS
 
              SUBCHAPTER II--LIVESTOCK MANDATORY REPORTING
 
                         Part E--Administration
 
Sec. 1636. General provisions


(a) Confidentiality

    The Secretary shall make available to the public information, 
statistics, and documents obtained from, or submitted by, packers, 
retail entities, and other persons under this subchapter in a manner 
that ensures that confidentiality is preserved regarding--
        (1) the identity of persons, including parties to a contract; 
    and
        (2) proprietary business information.

(b) Disclosure by Federal Government employees

                           (1) In general

        Subject to paragraph (2), no officer, employee, or agent of the 
    United States shall, without the consent of the packer or other 
    person concerned, divulge or make known in any manner, any facts or 
    information regarding the business of the packer or other person 
    that was acquired through reporting required under this subchapter.

                           (2) Exceptions

        Information obtained by the Secretary under this subchapter may 
    be disclosed--
            (A) to agents or employees of the Department of Agriculture 
        in the course of their official duties under this subchapter;
            (B) as directed by the Secretary or the Attorney General, 
        for enforcement purposes; or
            (C) by a court of competent jurisdiction.

           (3) Disclosure under Freedom of Information Act

        Notwithstanding any other provision of law, no facts or 
    information obtained under this subchapter shall be disclosed in 
    accordance with section 552 of title 5.

(c) Reporting by packers

    A packer shall report all information required under this subchapter 
on an individual lot basis.

(d) Regional reporting and aggregation

    The Secretary shall make information obtained under this subchapter 
available to the public only in a manner that--
        (1) ensures that the information is published on a national and 
    a regional or statewide basis as the Secretary determines to be 
    appropriate;
        (2) ensures that the identity of a reporting person is not 
    disclosed; and
        (3) conforms to aggregation guidelines established by the 
    Secretary.

(e) Adjustments

    Prior to the publication of any information required under this 
subchapter, the Secretary may make reasonable adjustments in information 
reported by packers to reflect price aberrations or other unusual or 
unique occurrences that the Secretary determines would distort the 
published information to the detriment of producers, packers, or other 
market participants.

(f) Verification

    The Secretary shall take such actions as the Secretary considers 
necessary to verify the accuracy of the information submitted or 
reported under part B, C, or D of this subchapter.

(g) Electronic reporting and publishing

    The Secretary shall, to the maximum extent practicable, provide for 
the reporting and publishing of the information required under this 
subchapter by electronic means.

(h) Reporting of activities on weekends and holidays

                           (1) In general

        Livestock committed to a packer, or purchased, sold, or 
    slaughtered by a packer, on a weekend day or holiday shall be 
    reported by the packer to the Secretary (to the extent required 
    under this subchapter), and reported by the Secretary, on the 
    immediately following reporting day.

               (2) Limitation on reporting by packers

        A packer shall not be required to report actions under paragraph 
    (1) more than once on the immediately following reporting day.

(i) Effect on other laws

    Nothing in this subchapter, the Livestock Mandatory Reporting Act of 
1999, or amendments made by that Act restricts or modifies the authority 
of the Secretary to--
        (1) administer or enforce the Packers and Stockyards Act, 1921 
    (7 U.S.C. 181 et seq.);
        (2) administer, enforce, or collect voluntary reports under this 
    chapter or any other law; or
        (3) access documentary evidence as provided under sections 49 
    and 50 of title 15.

(Aug. 14, 1946, ch. 966, title II, Sec. 251, as added Pub. L. 106-78, 
title IX, Sec. 911(2), Oct. 22, 1999, 113 Stat. 1200.)

                         Termination of Section

        For termination of section by section 942 of Pub. L. 106-78, see 
    Livestock Mandatory Reporting note set out under section 1635 of 
    this title.

                       References in Text

    The Livestock Mandatory Reporting Act of 1999, referred to in 
subsec. (i), is title IX of Pub. L. 106-78, Oct. 22, 1999, 113 Stat. 
1188, which is set out as a note under section 1635 of this title.
    The Packers and Stockyards Act, 1921, referred to in subsec. (i)(1), 
is act Aug. 15, 1921, ch. 64, 42 Stat. 159, as amended, which is 
classified generally to chapter 9 (Sec. 181 et seq.) of this title. For 
complete classification of this Act to the Code, see section 181 of this 
title and Tables.

                  Section Referred to in Other Sections

    This section is referred to in section 198a of this title.
