[Congressional Record Volume 147, Number 17 (Wednesday, February 7, 2001)]
[Senate]
[Page S1136]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. HARKIN (for himself and Mr. Lugar):
  S. 282. A bill to establish in the Antitrust Division of the 
Department of Justice a position with responsibility for agriculture 
antitrust matters; to the Committee on the Judiciary.
  Mr. HARKIN. Mr. President, I am pleased to introduce today, along 
with Senator Lugar, legislation that would ensure that there is in the 
Antitrust Division of the Department of Justice a position with the 
primary responsibility of providing advice and assistance to further 
effective enforcement of the antitrust laws in the food and 
agricultural sectors of our economy.
  As so many of my colleagues understand, we are in a period of very 
rapid change in the economic structure of agriculture and of our food 
system from the farm on through retail distribution. Those changes 
include sweeping consolidation and greatly increased economic 
concentration in many segments of our nation's food and agriculture 
system that have profoundly affected agricultural producers and rural 
communities and raised serious questions about impacts on consumers.
  The purpose of this bill is to ensure that our nation's antitrust 
laws are fully enforced during this time of rapid change in our food 
and agriculture system. This is the same legislation as Senator Lugar 
and I introduced late in 1999. Following that introduction, the Clinton 
Administration did appoint a person to fill the position required by 
this legislation. While that action obviated the necessity of enacting 
the legislation at that time, we do not know for certain what the 
present or future administrations may do in assigning personnel at the 
Department of Justice to antitrust enforcement in agriculture. This 
bill is an important safeguard to ensure that we have a person who is 
devoted full-time at Justice to the critical task of enforcing our 
antitrust laws in the food and agriculture sector.
  I urge my colleagues to support this important legislation.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 282

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

     SECTION 1. ESTABLISHMENT.

       (a) In General.--There shall be established within the 
     Antitrust Division of the Department of Justice a position 
     the primary responsibility of which shall be to provide 
     assistance and advice to the Assistant Attorney General of 
     the Antitrust Division to further the effective enforcement 
     of the antitrust laws with respect to the food and 
     agricultural sectors.
       (b) Appointment.--Not later than 180 days after the date of 
     enactment of this Act, the Attorney General shall appoint a 
     person to the position described in subsection (a).
       (c) Functions.--The responsibilities of the position 
     established under subsection (a) shall include all actions 
     appropriate to furthering effective enforcement of the 
     antitrust laws with respect to the food and agricultural 
     sectors, including--
       (1) assisting and advising with respect to the 
     investigation of possible restraints of trade;
       (2) assisting and advising with respect to the 
     investigation of mergers and acquisitions; and
       (3) ensuring that any investigation described in paragraphs 
     (1) or (2) takes into account the effects of the conduct or 
     transaction under investigation on consumers, agricultural 
     producers and rural communities.

     SEC. 2. ENFORCEMENT AUTHORITY.

       Nothing in this Act shall affect or limit the authority of 
     the Attorney General or the Assistant Attorney General of the 
     Antitrust Division to delegate or assign functions relating 
     to the enforcement of any provision of law.

     SEC. 3. EFFECTIVE PERIOD.

       This Act shall be effective until the date that is 5 years 
     after the date of enactment of this Act.
  Mr. LUGAR. Mr. President, I rise today to join my esteemed colleague 
and Ranking Democratic Member of the Agriculture Committee from Iowa, 
Senator Harkin, in once again introducing legislation to help ensure 
that antitrust laws impacting agriculture are properly enforced.
  Mr. President, the face of rural America is rapidly changing. Ever-
changing technologies, developments in biotechnology and concentration 
in production agriculture and agribusiness are developing a new profile 
in rural areas. Farmers in my home state of Indiana have many questions 
and concerns related to these rapid changes. Many remain to be 
convinced that appropriate oversight of merger and acquisition activity 
in ag business is a reality.
  The intent of this legislation is to establish the Office of Special 
Counsel for Agriculture in the Antitrust Division of the Justice 
Department. While this office will focus on reviewing ag business 
mergers and acquisition activity, it will also serve as an information 
resource for American agriculture producers wanting to provide input on 
antitrust-related issues.
  It is important to note, Mr. President, that shortly after 
introduction of this legislation in 1999, Attorney General Reno, on her 
own initiative, established the Office of Special Counsel for 
Agriculture and appointed Mr. Doug Ross to that position. While the 
perspective of Attorney General Ashcroft is not yet known on this 
matter, this legislation is a signal, a strong statement, that the 
Chairman and the Ranking Democratic Member of the Senate Agriculture 
Committee are in favor of greater transparency and consideration to 
those issues surrounding ag business mergers in the United States.
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