[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3794 Introduced in House (IH)]







104th CONGRESS
  2d Session
                                H. R. 3794

   To ensure the continued viability of livestock producers and the 
    livestock industry in the United States, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 11, 1996

Mr. Johnson of South Dakota (for himself, Mr. Pomeroy, Mr. Coburn, Ms. 
   Kaptur, Mr. Frost, Mr. McInnis, and Mr. Hilliard) introduced the 
   following bill; which was referred to the Committee on Agriculture

_______________________________________________________________________

                                 A BILL


 
   To ensure the continued viability of livestock producers and the 
    livestock industry in the United States, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Cattle Industry 
Improvement Act of 1996''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Expedited implementation of Fund for Rural America.
Sec. 3. Prohibition on noncompetitive practices.
Sec. 4. Domestic market reporting.
Sec. 5. Import and export reporting.
Sec. 6. Protection of livestock producers against retaliation by 
                            packers.
Sec. 7. Review of Federal agriculture credit policies.
Sec. 8. Streamlining and consolidating the United States food 
                            inspection system.
Sec. 9. Labeling system for meat and meat food products produced in the 
                            United States.
Sec. 10. Spot transactions involving bulk cheese.

SEC. 2. EXPEDITED IMPLEMENTATION OF FUND FOR RURAL AMERICA.

    Section 793(b)(1) of the Federal Agriculture Improvement and Reform 
Act of 1996 (7 U.S.C. 2204f(b)(1)) is amended by striking ``January 1, 
1997,'' and all that follows through ``October 1, 1999,'' and inserting 
``November 10, 1996, October 1, 1997, and October 1, 1998,''.

SEC. 3. PROHIBITION ON NONCOMPETITIVE PRACTICES.

    Section 202 of the Packers and Stockyards Act, 1921 (7 U.S.C. 192), 
is amended--
            (1) in subsection (g), by striking the period at the end 
        and inserting ``; or''; and
            (2) by adding at the end the following:
    ``(h) Engage in any practice or device that the Secretary by 
regulation, after consultation with producers of cattle, lamb, and 
hogs, and other persons in the cattle, lamb, and hog industries, 
determines is a detrimental noncompetitive practice or device relating 
to the price or a term of sale for the procurement of livestock or the 
sale of meat or other byproduct of slaughter.''.

SEC. 4. DOMESTIC MARKET REPORTING.

    (a) Persons in Slaughter Business.--Section 203(g) of the 
Agricultural Marketing Act of 1946 (7 U.S.C. 1622(g)) is amended--
            (1) by inserting ``(1)'' before ``To collect''; and
            (2) by adding at the end the following:
    ``(2) Each person engaged in the business of slaughtering livestock 
who carries out more than 5 percent of the national slaughter for a 
given species shall report to the Secretary in such manner as the 
Secretary shall require, as soon as practicable but not later than 24 
hours after a transaction takes place, such information relating to 
prices and the terms of sale for the procurement of livestock and the 
sale of meat food products and livestock products as the Secretary 
determines is necessary to carry out this subsection.
    ``(3) Whoever knowingly fails or refuses to provide to the 
Secretary information required to be reported by paragraph (2) shall be 
fined under title 18, United States Code, or imprisoned for not more 
than 5 years, or both.
    ``(4) The Secretary shall encourage voluntary reporting by any 
person engaged in the business of slaughtering livestock who carries 
out 5 percent or less of the national slaughter for a given species.
    ``(5) The Secretary shall make information received under this 
subsection available to the public only in the aggregate and shall 
ensure the confidentiality of persons providing the information.''.
    (b) Elimination of Outmoded Reports.--The Secretary of Agriculture, 
after consultation with producers and other affected parties, shall 
periodically--
            (1) eliminate obsolete reports; and
            (2) streamline the collection and reporting of data related 
        to livestock and meat and livestock products, using modern data 
        communications technology, to provide information to the public 
        on as close to a real-time basis as practicable.
    (c) Definition of ``Captive Supply''.--For the purpose of 
regulations issued by the Secretary of Agriculture relating to 
reporting under the Agricultural Marketing Act of 1946 (7 U.S.C. 1621 
et seq.) and the Packers and Stockyards Act, 1921 (7 U.S.C. 181 et 
seq.), the term ``captive supply'' means livestock obligated to a 
packer in any form of transaction in which more than 7 days elapses 
from the date of obligation to the date of delivery of the livestock.

SEC. 5. IMPORT AND EXPORT REPORTING.

    (a) Exports.--Section 602(a)(1) of the Agricultural Trade Act of 
1978 (7 U.S.C. 5712(a)(1)) is amended by inserting after ``products 
thereof,'' the following: ``and meat food products and livestock 
products (as the terms are defined in section 2 of the Packers and 
Stockyards Act, 1921 (7 U.S.C. 182)),''.
    (b) Imports.--
            (1) In general.--The Secretary of Agriculture and the 
        Secretary of Commerce shall, using modern data communications 
        technology to provide the information to the public on as close 
        to a real-time basis as practicable, jointly make available to 
        the public aggregate price and quantity information on imported 
        meat food products, livestock products, and livestock (as the 
        terms are defined in section 2 of the Packers and Stockyards 
        Act, 1921 (7 U.S.C. 182)).
            (2) First report.--The Secretaries shall release to the 
        public the first report under paragraph (1) not later than 60 
        days after the date of enactment of this Act.

SEC. 6. PROTECTION OF LIVESTOCK PRODUCERS AGAINST RETALIATION BY 
              PACKERS.

    (a) Retaliation Prohibited.--Section 202(b) of the Packers and 
Stockyards Act, 1921 (7 U.S.C. 192(b)), is amended--
            (1) by striking ``or subject'' and inserting ``subject''; 
        and
            (2) by inserting before the semicolon at the end the 
        following: ``, or retaliate against any livestock producer on 
        account of any statement made by the producer (whether made to 
        the Secretary or a law enforcement agency or in a public forum) 
        regarding an action of any packer''.
    (b) Special Requirements Regarding Allegations of Retaliation.--
Section 203 of the Packers and Stockyards Act, 1921 (7 U.S.C. 193), is 
amended by adding at the end the following:
    ``(e) Special Procedures Regarding Allegations of Retaliation.--
            ``(1) Consideration by special panel.--The President shall 
        appoint a special panel consisting of 3 members to receive and 
        initially consider a complaint submitted by any person that 
        alleges prohibited packer retaliation under section 202(b) 
        directed against a livestock producer.
            ``(2) Complaint; hearing.--If the panel has reason to 
        believe from the complaint or resulting investigation that a 
        packer has violated or is violating the retaliation prohibition 
        under section 202(b), the panel shall notify the Secretary who 
        shall cause a complaint to be issued against the packer, and a 
        hearing conducted, under subsection (a).
            ``(3) Evidentiary standard.--In the case of a complaint 
        regarding retaliation prohibited under section 202(b), the 
        Secretary shall find that the packer involved has violated or 
        is violating section 202(b) if the finding is supported by a 
        preponderance of the evidence.''.
    (c) Damages for Producers Suffering Retaliation.--Section 203 of 
the Packers and Stockyards Act, 1921 (7 U.S.C. 193) (as amended by 
subsection (b)), is amended by adding at the end the following:
    ``(f) Damages for Producers Suffering Retaliation.--
            ``(1) In general.--If a packer violates the retaliation 
        prohibition under section 202(b), the packer shall be liable to 
        the livestock producer injured by the retaliation for not more 
        than 3 times the amount of damages sustained as a result of the 
        violation.
            ``(2) Enforcement.--The liability may be enforced either by 
        complaint to the Secretary, as provided in subsection (e), or 
        by suit in any court of competent jurisdiction.
            ``(3) Other remedies.--This subsection shall not abridge or 
        alter a remedy existing at common law or by statute. The remedy 
        provided by this subsection shall be in addition to any other 
        remedy.''.

SEC. 7. REVIEW OF FEDERAL AGRICULTURE CREDIT POLICIES.

    The Secretary of Agriculture, in consultation with the Secretary of 
the Treasury, the Chairman of the Board of Governors of the Federal 
Reserve System, and the Chairman of the Board of the Farm Credit 
Administration, shall establish an interagency working group to study--
            (1) the extent to which Federal lending practices and 
        policies have contributed, or are contributing, to market 
        concentration in the livestock and dairy sectors of the 
        national economy; and
            (2) whether Federal policies regarding the financial system 
        of the United States adequately take account of the weather and 
        price volatility risks inherent in livestock and dairy 
        enterprises.

SEC. 8. STREAMLINING AND CONSOLIDATING THE UNITED STATES FOOD 
              INSPECTION SYSTEM.

    (a) Preparation.--In consultation with the Secretary of 
Agriculture, the Secretary of Health and Human Services, and all other 
interested parties, the President shall prepare a plan to consolidate 
the United States food inspection system that ensures the best use of 
available resources to improve the consistency, coordination, and 
effectiveness of the United States food inspection system, taking into 
account food safety risks.
    (b) Submission.--Not later than 1 year after the date of enactment 
of this Act, the President shall submit to Congress the plan prepared 
under subsection (a).

SEC. 9. LABELING SYSTEM FOR MEAT AND MEAT FOOD PRODUCTS PRODUCED IN THE 
              UNITED STATES.

    (a) Labeling.--Section 7 of the Federal Meat Inspection Act (21 
U.S.C. 607) is amended by adding at the end the following:
    ``(g) Labeling of Meat of United States Origin.--
            ``(1) In general.--The Secretary shall develop a system for 
        the labeling of carcasses, parts of carcasses, and meat 
        produced in the United States from livestock raised in the 
        United States, and meat food products produced in the United 
        States from the carcasses, parts of carcasses, and meat, to 
        indicate the United States origin of the carcasses, parts of 
        carcasses, meat, and meat food products.
            ``(2) Assistance.--The Secretary shall provide technical 
        and financial assistance to establishments subject to 
        inspection under this title to implement the labeling system.
            ``(3) Authorization of appropriations.--There are 
        authorized to be appropriated such sums as are necessary to 
        carry out this subsection.''.

SEC. 10. SPOT TRANSACTIONS INVOLVING BULK CHEESE.

    (a) In General.--The Secretary of Agriculture shall collect and 
publicize, on a weekly basis, statistically reliable information, 
obtained from all cheese manufacturing areas in the United States, on 
prices and terms of trade for spot transactions involving bulk cheese, 
including information on the national average price, and regional 
average prices, for bulk cheese sold through spot transactions.
    (b) Confidentiality.--All information provided to, or acquired by, 
the Secretary under this section shall be kept confidential by each 
officer and employee of the Department of Agriculture, except that 
general weekly statements may be issued that are based on the reports 
of a number of spot transactions and that do not identify the 
information provided by any person.
    (c) Funding.--The Secretary may use funds that are available for 
dairy market data collection to carry out this section.
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