article: 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.
summary: Livestock Concentration Report Act - Establishes a Commission on Concentration in the Livestock Industry composed of the Secretary of Agriculture, cattle, hog, and lamb producers, meat packers, corporate representatives, economists, and antitrust experts to review: (1) the adequacy of the study of concentration in the red meat packing industry; (2) the impact of antitrust, coordination, and other laws affecting the meat packing industry; (3) certain farm-to-retail and other price related data; (4) a specified lamb study; and (5) certain hog processing activities. Requires the Commission to report to the Congress within a specified time, and terminates the Commission within a specified time after such submission.