text: 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.
target: 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.
feat_title: Livestock Concentration Report Act