[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1340 Engrossed in Senate (ES)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
104th CONGRESS
  1st Session
                                S. 1340

_______________________________________________________________________

                                 AN ACT


 
 To establish a Commission on Concentration in the Livestock Industry, 
                        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.

    This Act may be cited as the ``Livestock Concentration Report 
Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Antitrust laws.--The term ``antitrust laws'' has the 
        meaning provided in subsection (a) of the first section of the 
        Clayton Act (15 U.S.C. 12(a)), except that the term includes 
        section 5 of the Federal Trade Commission Act (15 U.S.C. 45) to 
        the extent the section applies to unfair methods of 
        competition.
            (2) Commission.--The term ``Commission'' means the 
        Commission on Concentration in the Livestock Industry 
        established under section 3.
            (3) Study of concentration in the red meat packing 
        industry.--The term ``study of concentration in the red meat 
        packing industry'' means the study of concentration in the red 
        meat packing industry proposed by the Department of Agriculture 
        in the Federal Register on January 9, 1992 (57 Fed. Reg. 875), 
        and for which funds were appropriated by Public Law 102-142 
        (105 Stat. 878).

SEC. 3. ESTABLISHMENT OF COMMISSION.

    (a) In General.--A Commission on Concentration in the Livestock 
Industry shall be established that shall be composed of--
            (1) the Secretary of Agriculture, who shall be the 
        chairperson of the Commission; and
            (2) 2 members who represent each of the following 
        categories:
                    (A) Cattle producers.
                    (B) Hog producers.
                    (C) Lamb producers.
                    (D) Meat packers.
                    (E) Experts in antitrust laws.
                    (F) Economists.
                    (G) Corporate chief financial officers.
                    (H) Corporate procurement experts.
    (b) Appointment.--The members of the Commission appointed under 
subsection (a)(2) shall be appointed as follows:
            (1) The President shall appoint 4 members.
            (2) The Majority Leader of the Senate shall appoint 4 
        members.
            (3) The Minority Leader of the Senate shall appoint 2 
        members.
            (4) The Speaker of the House of Representatives shall 
        appoint 4 members.
            (5) The Minority Leader of the House of Representatives 
        shall appoint 2 members.

SEC. 4. DUTIES OF COMMISSION.

    (a) In General.--The Commission shall--
            (1) determine whether the study of concentration in the red 
        meat packing industry adequately--
                    (A) examined and identified procurement markets for 
                slaughter cattle in the continental United States;
                    (B) analyzed the effects that slaughter cattle 
                procurement practices, and concentration in the 
                procurement of slaughter cattle, have on the purchasing 
                and pricing of slaughter cattle by beef packers;
                    (C) examined the use of captive cattle supply 
                arrangements by beef packers and the effects of the 
                arrangements on slaughter cattle markets;
                    (D) examined the economics of vertical integration 
                and of coordination arrangements in the hog 
                slaughtering and processing industry;
                    (E) examined the pricing and procurement by hog 
                slaughtering plants operating in the Eastern corn belt;
                    (F) reviewed the pertinent research literature on 
                issues relating to the structure and operation of the 
                meat packing industry; and
                    (G) represents, with respect to the matters 
                described in subparagraphs (A) through (F), the current 
                situation in the livestock industry compared to the 
                situation of the industry reflected in the data on 
                which the study is based;
            (2) to request the Attorney General to report on the 
        application of the antitrust laws and operation of other 
        Federal laws applicable, with respect to concentration and 
        vertical integration in the procurement and pricing of 
        slaughter cattle and of slaughter hogs by meat packers;
            (3) review laws and regulations relating to the operation 
        of the meat packing industry regarding the concentration, 
        vertical integration, and vertical coordination in the 
        industry;
            (4) review the farm-to-retail price spread for livestock 
        during the period beginning on January 1, 1993, and ending on 
        the date the report is submitted under section 5(a);
            (5) review the adequacy of price data obtained by the 
        Department of Agriculture under section 203 of the Agricultural 
        Marketing Act of 1946 (7 U.S.C. 1622);
            (6) make recommendations regarding the adequacy of price 
        discovery in the livestock industry for animals held for 
        market; and
            (7) review the lamb industry study completed by the 
        Department of Justice during 1993.
    (b) Solicitation of Information.--For purposes of complying with 
paragraphs (2), (3), and (4) of subsection (a), the Commission shall 
solicit information from all parts of the livestock industry, including 
livestock producers, livestock marketers, industry employees, meat 
packers, meat processors, and retailers.

SEC. 5. REPORT AND TERMINATION.

    (a) Report.--Not later than 90 days after the study of 
concentration in the red meat packing industry is submitted to 
Congress, the Commission shall submit to the President, the Speaker of 
the House of Representatives, and the President pro tempore of the 
Senate a report summarizing the results of the duties carried out under 
section 4.
    (b) Termination.--Not later than 30 days after submission of the 
report, the Commission shall terminate.

            Passed the Senate December 20, 1995.

            Attest:

                                                             Secretary.
104th CONGRESS

  1st Session

                                S. 1340

_______________________________________________________________________

                                 AN ACT

 To establish a Commission on Concentration in the Livestock Industry, 
                        and for other purposes.