← Back to Bill Feed
FederalIn Committee

Family Grocery and Farmer Relief Act

Introduced Jul 16, 2026 · Last action Jul 16, 2026 Referred to the Committee on the Judiciary, and in addition to the Committees on Energy and Commerce, Small Business, and Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

Track this bill

Save bills and get alerts when status changes.

Sign in to saved bills.

Summary

This legislation is called the Family Grocery and Farmer Relief Act. It is being reviewed by a committee.

Full bill text

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9744 Introduced in House (IH)]

<DOC>

119th CONGRESS
  2d Session
                                H. R. 9744

    To restore competition in the meatpacking industry by reducing
 excessive concentration and market power and ultimately reduce prices
            for American consumers, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             July 16, 2026

Ms. Jayapal (for herself, Mr. Deluzio, Mr. Ryan, Ms. Norton, Mr. Garcia
 of Illinois, Ms. Balint, Mr. Johnson of Georgia, Ms. Randall, Ms. Lee
 of Pennsylvania, Mrs. Foushee, Mrs. Watson Coleman, Mr. Thanedar, Ms.
    Ansari, and Mr. Frost) introduced the following bill; which was
  referred to the Committee on the Judiciary, and in addition to the
Committees on Energy and Commerce, Small Business, and Agriculture, for
a period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
                          committee concerned

_______________________________________________________________________

                                 A BILL

    To restore competition in the meatpacking industry by reducing
 excessive concentration and market power and ultimately reduce prices
            for American consumers, 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 ``Family Grocery and Farmer Relief
Act''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds the following:
            (1) The meatpacking industry in the United States is highly
        concentrated, with a small number of firms controlling a
        dominant share of beef, chicken, and pork slaughtering and
        processing.
            (2) 4 firms control 85 percent of the beef market and 67
        percent of the pork market, which is up from 36 percent and 34
        percent, respectively, in 1980.
            (3) 4 firms control more than 60 percent of the market in
        chicken processing.
            (4) The scale and market dominance of large meatpacking
        firms create substantial barriers to entry and expansion for
        independent and regional processors, limiting competitive
        alternatives for producers and consumers.
            (5) This highly consolidated meatpacking market has real
        consequences for farmers, workers, and consumers.
            (6) Meatpackers have repeatedly used their market power in
        ways that suppress wages, destroy jobs through strategic plant
        shutdowns, and subject workers to extremely dangerous
        conditions while prices are to their advantage.
            (7) Extreme concentration in meatpacking has resulted in
        diminished bargaining power for independent producers,
        increased vulnerability to unfair and discriminatory practices,
        and reduced economic viability for rural communities.
            (8) Consumers are paying more for meat, with the Department
        of Agriculture reporting that ground beef prices have increased
        about 16.4 percent since last year. Meanwhile, increased
        revenue is not flowing to farmers and ranchers as--
                    (A) in 1970, 70 percent of the consumer's beef
                dollar went to cattle ranchers, but today, ranchers'
                share of the consumer's beef dollar is closer to 30
                percent; and
                    (B) profits remain with the big 4 covered
                meatpacking enterprises.
            (9) The public interest requires competitive, transparent,
        and resilient markets for essential food products.
    (b) Purposes.--The purposes of this Act are to--
            (1) restore competition in the meatpacking industry by
        reducing excessive concentration and market power;
            (2) prohibit and reverse mergers and acquisitions in the
        meatpacking sector that have materially lessened competition;
            (3) authorize and require structural separation,
        divestiture, or breakup of dominant meatpacking firms, where
        necessary, to restore competitive market conditions;
            (4) ensure that no firm retains or expands market power in
        United States food and agricultural markets through capital
        obtained by corruption, bribery, or other unlawful conduct;
            (5) deny competitive advantage derived from foreign State-
        backed or non-market financing that undermines fair competition
        in United States markets;
            (6) protect independent cattle producers from abusive,
        coercive, or discriminatory practices arising from excessive
        buyer concentration;
            (7) ensure that any restructuring of the industry results
        in safer, fairer, and more sustainable jobs for workers across
        the supply chain;
            (8) promote the growth and viability of independent and
        regional meat processors; and
            (9) help bring prices down for families in the United
        States.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Beef meatpacking market.--The term ``beef meatpacking
        market'' means the market for cattle slaughter and beef
        processing in the United States, including the national beef
        market and regional beef markets.
            (2) Commission.--The term ``Commission'' means the Federal
        Trade Commission.
            (3) Covered feedlot.--The term ``covered feedlot'' means a
        feedlot with a capacity of 24,000 head of cattle or more.
            (4) Covered foreign-controlled meatpacking enterprise.--The
        term ``covered foreign-controlled covered meatpacking
        enterprise'' means--
                    (A) JBS S.A. and its affiliates; and
                    (B) any other entity, as determined by rule by the
                Commission.
            (5) Covered meatpacking enterprise.--
                    (A) In general.--Subject to subparagraph (B), the
                term ``covered meatpacking enterprise'' has the meaning
                given the term ``packer'' in section 201 of the Packers
                and Stockyards Act, 1921 (7 U.S.C. 191).
                    (B) Rulemaking.--Not later than 90 days after the
                date of enactment of this Act, the Commission shall, by
                rule, define for purposes of this Act--
                            (i) a de minimus threshold of volume or
                        revenue below which a person shall be excluded
                        from the definition of a covered meatpacking
                        enterprise under subparagraph (A); and
                            (ii) the requirements that place a person
                        under common control or in affiliation with a
                        covered meatpacking enterprise such that the
                        entity shall be included in the definition of a
                        covered meatpacking enterprise under
                        subparagraph (A).
            (6) CR4.--The term ``CR4'' means the sum of the market
        shares of the 4 largest firms in the relevant market.
            (7) Farmers' cooperative.--The term ``farmers'
        cooperative'' means an organization exempt from taxation under
        section 521 of the Internal Revenue Code of 1986.
            (8) Feedlot.--The term ``feedlot''--
                    (A) means any facility that is used in its entirety
                or in part for the purpose of feeding livestock to be
                slaughtered, or to be sold for slaughter, by another;
                and
                    (B) does not include feeding incidental to the sale
                or transportation of livestock.
            (9) HHI.--The term ``HHI'' means the Herfindahl-Hirschman
        Index, calculated as the sum of the squares of the market
        shares of all firms in the relevant market.
            (10) Line of protein.--The term ``line of protein'' means
        livestock, livestock products (as defined in section 2 of the
        Packers and Stockyards Act, 1921 (7 U.S.C. 182)), poultry,
        poultry products (as defined in section 4 of the Poultry
        Products Inspection Act (21 U.S.C. 453)), meats, or meat food
        products (as defined in section 1 of the Federal Meat
        Inspection Act (21 U.S.C. 601)) in each of the following
        product categories:
                    (A) Beef (including cattle slaughter, beef
                processing, and beef products).
                    (B) Pork (including hog slaughter, pork processing,
                and pork products).
                    (C) Poultry (including chicken slaughter,
                processing, and chicken products).
                    (D) Any additional category, as the Commission may,
                by rule, designate to prevent evasion of this Act.
            (11) Market share.--The term ``market share'' means the
        share of total slaughter or processing capacity, volume, or
        sales in the relevant market, as determined by rule by the
        Commission.
            (12) National beef market.--The term ``national beef
        market'' means the market of the United States as a whole, or
        such broader integrated geographic market as the Commission
        determines appropriate, for the slaughter of cattle and
        processing of beef products.
            (13) Regional beef market.--The term ``regional beef
        market'' means a geographic market defined by reference to the
        regional direct slaughter cattle reporting regions of the
        Department of Agriculture, or any successor system of regional
        delineation the Commission determines better reflects
        competitive conditions.

             TITLE I--BREAKING UP THE MEATPACKING INDUSTRY

SEC. 101. LIMITATION ON OPERATION IN MULTIPLE LINES OF PROTEIN.

    (a) Prohibition.--
            (1) In general.--It shall be unlawful for a covered
        meatpacking enterprise to own, control, or operate any entity
        or combination of entities that engaged in more than 1 line of
        protein in the United States, in or affecting interstate or
        foreign commerce.
            (2) Prohibition on new acquisitions.--On and after the date
        of enactment of this Act, no covered meatpacking enterprise may
        acquire, directly or indirectly, control of assets or
        operations in a line of protein other than the line of protein
        in which the covered meatpacking enterprise already engages, in
        violation of paragraph (1).
    (b) Divestiture Required.--The Commission shall require divestiture
pursuant to section 102 of any covered meatpacking enterprise that
violates subsection (a).

SEC. 102. DIVESTITURE AUTHORITY.

    (a) Commission Authority.--
            (1) In general.--With respect to any violation of section
        101, the Commission shall develop and oversee a divestiture
        plan for the covered meatpacking enterprise that provides for--
                    (A) the sale of assets to 1 or more independent
                entities; or
                    (B) the creation of 1 or more new, independent
                entities through spin-off or other structural
                separation.
            (2) Standards.--In exercising its authority under paragraph
        (1), the Commission shall--
                    (A) act in a manner consistent with the public
                interest in promoting competition, protecting
                consumers, producers, and workers, and ensuring a
                resilient food supply, as described in section 602; and
                    (B) to the maximum extent practicable, structure
                divestitures under this section so as to--
                            (i) avoid reconcentration of assets;
                            (ii) encourage ownership and control of
                        divested assets by farmers' cooperatives,
                        worker owned enterprises, and other small or
                        mid sized businesses; and
                            (iii) prevent reacquisition of divested
                        assets by firms whose market power contributed
                        to the need for divestiture.
    (b) Transition; Compliance Plans.--
            (1) In general.--Not later than 120 days after the date of
        enactment of this Act, the Commission shall develop a plan for
        the divestiture of each covered meatpacking enterprise that, as
        of the date of enactment of this Act, is engaged in the
        processing of more than 1 line of protein in violation of
        section 101.
            (2) Comment.--Not later than 30 days after the development
        of a plan under this section, a covered meatpacking enterprise
        shall submit to the Commission any comments on the plan.
            (3) Approval of plan.--Following the end of the comment
        period under paragraph (2), the Commission shall consider and
        respond to significant comments received under that paragraph
        and approve a final version of the plan.

 TITLE II--SPECIFIC RULES FOR CONSOLIDATION IN BEEF MEATPACKING MARKET

SEC. 201. PROHIBITION ON UNLAWFUL HORIZONTAL CONSOLIDATION.

    The Commission shall require divestiture pursuant to section 202,
as applicable, if in a regional beef market or in a national beef
market--
            (1) the HHI exceeds 1800;
            (2) the CR4 exceeds 50 percent; or
            (3) any covered meatpacking enterprise has a market share
        of 30 percent or more.

SEC. 202. REGIONAL AND NATIONAL BEEF MARKET DIVESTITURE AUTHORITY AND
              PROCESS.

    (a) In General.--Divestiture under this section may consist of--
            (1) sale of 1 or more entities, facilities, or business
        units to 1 or more independent entities; or
            (2) the creation of 1 or more new, independent entities,
        including through spin-offs or other structural separation.
    (b) Divestiture in Regional Beef Markets.--
            (1) In general.--
                    (A) Violation under hhi or cr4 measures.--With
                respect to a condition described in paragraph (1) or
                (2) of section 201, the Commission shall order
                divestiture in the regional market as follows:
                            (i) The largest covered meatpacking
                        enterprise in the regional beef market that
                        owns multiple beef slaughter or processing
                        entities in that region shall divest its
                        largest entity, facility, or business unit in
                        that region.
                            (ii) After the divestiture required under
                        clause (i), the Commission shall reassess the
                        concentration in the regional beef market under
                        section 201(a).
                            (iii) If 1 or more thresholds described in
                        section 201 is met after the reassessment under
                        clause (ii), the Commission shall repeat the
                        process described in clauses (i) and (ii) as
                        necessary, including by ordering further
                        divestitures, until no threshold described in
                        section 201 is met or until the Commission
                        determines that further divestiture would not
                        reduce market concentration.
                    (B) Violation under single firm market share
                measure.--With respect to a condition described in
                section 201(3), the Commission shall order divestiture
                in the regional market of the covered meatpacking
                enterprise meeting that condition.
            (2) Use of equitable powers to deconcentrate the market.--
        If the Commission is unable to order further divestitures under
        subparagraph (A)(iii) of paragraph (1) and 1 or more thresholds
        described in section 201 is still met, such as if the largest
        covered meatpacking enterprise has only 1 entity, facility, or
        business unit in the market which cannot be divided, the
        Commission shall use all equitable powers to otherwise
        deconcentrate the market until the Commission determines that
        none of the thresholds described in section 201 are met.
    (c) Divestiture in National Beef Market.--In the national beef
market, the Commission shall apply a substantially similar process to
the process described in subsection (b), as appropriate, to require
divestiture by covered meatpacking enterprises (including by ordering
divestiture of specified entities, facilities, or business units, or
other assets) and use all equitable powers to deconcentrate the market
until the Commission determines that none of the thresholds described
in section 201 are met.

SEC. 203. VERTICAL CONSOLIDATION.

    (a) Findings.--Congress finds that the long-term supply contracts
and similar arrangements between large packers and large feedlots can
be functionally equivalent to ownership, leading over time to
consolidation of feedlots, reduced demand for cattle from independent
producers, and diminished competition.
    (b) Prohibition.--No covered meatpacking enterprise in the beef
line of protein may slaughter, in any calendar year, more than 10
percent of the cattle produced by any single covered feedlot.
    (c) Private Right of Action.--
            (1) In general.--If a covered meatpacking enterprise
        violates subsection (b), any feedlot owner or operator that
        sold some percentage less than 10 percent of its cattle to that
        covered meatpacking enterprise during the calendar year of the
        violation may bring a civil action against the covered
        meatpacking enterprise in the Federal judicial district in
        which the feedlot is located or in an appropriate United States
        district court to recover--
                    (A) an amount equal to 3 times the difference
                between the highest price the covered meatpacking
                enterprise paid for cattle from any covered feedlot and
                the lowest price the feedlot owner or operator received
                for cattle during the calendar year of the violation
                multiplied by the total number of cattle the feedlot
                owner or operator sold overall during that calendar
                year; and
                    (B) reasonable costs and attorney's fees.
            (2) Civil penalty to address private injuries.--The
        Commission may impose on any covered meatpacking enterprise
        violating subsection (b) a civil penalty equal to the amount
        described in paragraph (1)(A) with respect to each feedlot
        owner or operator that sold less than 10 percent of its cattle
        to the covered meatpacking enterprise and shall use the amount
        recovered to compensate such feedlots.

TITLE III--PROHIBITING FOREIGN LEVERAGE OVER THE DOMESTIC BEEF AND PORK
                                MARKETS

SEC. 301. FINDINGS.

    Congress finds the following:
            (1) A significant portion of domestic beef, pork, and
        chicken processing capacity is owned or controlled by foreign-
        based multinational corporations, raising concerns relating to
        food system resilience, transparency, and national security.
            (2) JBS S.A., a foreign-based multinational corporation, is
        the largest beef processor operating in the United States and
        has obtained substantial domestic meatpacking assets through a
        sustained acquisition strategy.
            (3) In 2020, J&F Investimentos S.A. (the parent company of
        JBS S.A.) agreed to pay more than $280,000,000 to settle
        Department of Justice and Securities and Exchange Commission
        charges relating to bribery and other corrupt practices
        involving foreign government officials to obtain preferential
        financing and other financial advantages from State-backed
        institutions. Capital obtained through such corrupt practices
        was used, in whole or in part, to finance acquisitions of
        meatpacking and food processing assets in the United States.
            (4) The use of corruption-derived or preferential State-
        backed financing to acquire United States agricultural assets
        distorted competitive conditions and disadvantaged firms that
        relied on lawful, market-based financing.
            (5) The People's Republic of China has an increasing
        footprint in the food supply chain in the United States, with
        Smithfield Foods, owned by the WH Group of the People's
        Republic of China, holding a major position in United States
        pork processing and announcing in January 2026 its acquisition
        of Nathan's Famous, an iconic brand of the United States.
            (6) When major processing capacity and widely recognized
        brands in the United States move under the control of a foreign
        parent company, the public deserves to know how that affects
        competition, pricing power, and national security.

SEC. 302. DIVESTITURE PLANS FOR COVERED FOREIGN-CONTROLLED MEATPACKING
              ENTERPRISES.

    (a) In General.--It shall be unlawful for any covered foreign-
controlled meatpacking enterprise to operate in interstate commerce in
the United States.
    (b) Divestiture Required.--
            (1) In general.--Not later than 120 days after the date of
        enactment of this Act, the Commission shall require each
        covered foreign-controlled meatpacking enterprise violating
        subsection (a) to carry out a divestiture plan under paragraph
        (2).
            (2) Structure.--A divestiture plan of a covered foreign-
        controlled meatpacking enterprise under this paragraph shall--
                    (A) be developed by the Commission; and
                    (B) require the covered foreign-controlled
                meatpacking enterprise to divest its United States
                meatpacking and food processing operations, which may
                require that such operations be--
                            (i) transferred to 1 or more new,
                        independent entities headquartered,
                        incorporated, and controlled by persons
                        domiciled in the United States; or
                            (ii) sold to 1 or more entities, subject to
                        conditions necessary to preserve and enhance
                        competition and safeguard national security
                        interests, including, as appropriate, in
                        consultation with relevant national security
                        agencies.
            (3) Standards.--In exercising its authority under paragraph
        (1), the Commission shall--
                    (A) act in a manner consistent with the public
                interest in promoting competition, protecting
                consumers, producers, and workers, and ensuring a
                resilient food supply, as described in section 602; and
                    (B) to the maximum extent practicable, structure
                divestitures under this section so as to--
                            (i) avoid reconcentration of assets;
                            (ii) encourage ownership and control of
                        divested assets by farmers' cooperatives,
                        worker owned enterprises, and other small or
                        mid sized businesses; and
                            (iii) prevent reacquisition of divested
                        assets by firms whose market power contributed
                        to the need for divestiture.
            (4) Consideration of corruption and unlawful conduct.--In
        designing the divestiture plan under this paragraph, the
        Commission may take into account prior admissions and findings
        relating to corruption, bribery, and other unlawful conduct
        used to obtain financing for United States acquisitions,
        including settlements and judgments under the Foreign Corrupt
        Practices Act of 1977 (15 U.S.C. 78dd-1 et seq.).
            (5) Extension.--With respect to a covered foreign-
        controlled meatpacker, the Commission may grant a single
        extension of not more than 90 days of the date on which the
        prohibition under subsection (a) would otherwise apply to the
        covered foreign-controlled meatpacking enterprise if the
        Commission certifies to Congress that--
                    (A) a path to executing a divestiture under this
                subsection has been identified with respect to such
                covered foreign-controlled meatpacking enterprise;
                    (B) evidence of significant progress toward
                executing such divestiture has been produced with
                respect to such covered foreign-controlled meatpacking
                enterprise; and
                    (C) there are in place the relevant binding legal
                agreements to enable execution of such divestiture
                during the period of such extension.

SEC. 303. REVIEW OF OTHER FOREIGN-CONTROLLED MEATPACKING ENTERPRISES.

    (a) Study and Report.--Not later than 180 days after the date of
enactment of this Act, the Commission shall complete a study of the
business practices, financing, ownership structures, and competitive
effects of all foreign-controlled entities with significant meatpacking
and related operations in the United States, including those of
entities engaged in beef or pork production and processing.
    (b) Consultation.--In conducting the study under subsection (a),
the Commission shall consult with appropriate national security
agencies, including the Department of Defense, the Department of
Homeland Security, the Office of the Director of National Intelligence,
the Department of Agriculture, the Department of Justice, and any other
relevant agency as determined by the Commission.
    (c) Authority To Determine Need for Divestment.--
            (1) In general.--The Commission may determine, based on the
        study and consultations under subsections (a) and (b), that
        divestment, structural separation, or other remedial action is
        needed with respect to such foreign-controlled entities to
        protect competition, national security, or the resilience of
        the United States food system.
            (2) Congressional review.--
                    (A) Submission.--Before the Commission may require
                divestment, structural separation, or other remedial
                action under paragraph (1), the Commission shall submit
                to each House of Congress the determination under that
                paragraph and Congress shall review the determination
                pursuant to subparagraph (B).
                    (B) Review.--Congress may, by an Act of Congress,
                block a determination submitted under subparagraph (A)
                through the congressional disapproval procedure set
                forth in section 802 of title 5, United States Code.
                    (C) Requirement.--Upon the expiration of the review
                period under subparagraph (B), the Commission may
                require the divestiture, structural separation, or
                other remedial action determined under paragraph (1).
    (d) Report to Congress.--Not later than 120 days after the date of
enactment of this Act, the Commission shall submit to Committee on
Commerce, Science, and Transportation of the Senate, the Select
Committee on Intelligence of the Senate, the Committee on the Judiciary
of the Senate, the Committee on Energy and Commerce of the House of
Representatives, the Permanent Select Committee on Intelligence of the
House of Representatives, and the Committee on the Judiciary of the
House of Representatives a report that includes a divestment decision
with respect to each foreign-controlled meatpacking enterprise.

         TITLE IV--BRINGING PRICES DOWN FOR THE AMERICAN FAMILY

SEC. 401. FINDINGS.

    Congress finds the following:
            (1) Families across the United States face persistently
        high prices for meat, which contribute significantly to overall
        food costs and household financial strain.
            (2) Concentration and limited competition in meat supply
        chains and retail markets can facilitate unfair and unjustly
        discriminatory pricing practices, including price
        discrimination that disadvantages certain retail grocers and
        the communities they serve.
            (3) Unfair and unjustly discriminatory prices and price
        discrimination for meat products can result in higher prices,
        reduced availability, and fewer choices for consumers,
        particularly in rural areas, low-income communities, and
        communities already experiencing limited grocery access.
            (4) Section 406 of the Packers and Stockyards Act, 1921 (7
        U.S.C. 227), confers authority on the Commission with respect
        to the retail sale of meat, meat food products, and livestock
        products in unmanufactured form. Under section 406 of the
        Packers and Stockyards Act, 1921 (7 U.S.C. 227), the Commission
        may exercise its authority, including its authority under the
        Federal Trade Commission Act, to prevent unfair methods of
        competition and unfair or deceptive acts or practices in or
        affecting commerce in connection with such retail sales.
            (5) The authority extends to conduct that results in unfair
        and unjustly discriminatory retail meat prices and to price
        discrimination in meat, which drives prices higher for
        independent, smaller, or neighborhood grocery stores, where
        such conduct constitutes an unfair method of competition or an
        unfair or deceptive act or practice.
            (6) Section 5 of the Federal Trade Commission Act (15
        U.S.C. 45) declares unlawful unfair methods of competition and
        unfair or deceptive acts or practices in or affecting commerce
        and authorizes the Commission to prevent such conduct through
        investigations, administrative proceedings, and judicial
        enforcement, including with respect to retail and wholesale
        sales of meat, meat food products, and livestock products in
        unmanufactured form where such sales are in or affect commerce.
            (7) The Commission's authority under section 5 of the
        Federal Trade Commission Act (15 U.S.C. 45), including as
        informed by its policy statements and enforcement precedent,
        provides an important tool to challenge unfair methods of
        competition, coordinated conduct, exclusionary practices, and
        unfair or deceptive acts or practices in retail and wholesale
        meat markets that may drive up prices, restrict output, or
        otherwise harm consumers, small and independent grocers, and
        fair competition.
            (8) Congress intends that the Commission fully and
        proactively utilize its authority under section 406 of the
        Packers and Stockyards Act, 1921, its authority under Section 5
        of the Federal Trade Commission Act (15 U.S.C. 45), and all
        other applicable laws, to identify, prevent, and remedy unfair
        and unjustly discriminatory retail and wholesale meat prices
        and price discrimination that harms consumers, honest
        businesses, and competition.
            (9) The authority of the Commission under section 6(b) of
        the Federal Trade Commission Act (15 U.S.C. 46(b)) to require
        reports and answers to specific questions from persons,
        partnerships, and corporations enables the Commission to study
        and report on market structure, pricing practices, and
        competitive conditions in retail and wholesale meat markets,
        thereby informing effective enforcement and policymaking.

SEC. 402. REPORT ON MAXIMIZING AUTHORITY UNDER SECTION 406 OF THE
              PACKERS AND STOCKYARDS ACT, 1921, AND RELATED FEDERAL
              TRADE COMMISSION AUTHORITIES.

    (a) Report Required.--Not later than 180 days after the date of
enactment of this Act, the Commission shall submit to the congressional
committees described in subsection (c) a report describing how the
Commission is using and maximizing, and plans to further maximize--
            (1) its authorities under section 406 of the Packers and
        Stockyards Act, 1921 (7 U.S.C. 227) and section 5 of the
        Federal Trade Commission Act (15 U.S.C. 45) to address--
                    (A) unfair and unjustly discriminatory retail and
                wholesale prices for meat, meat food products, and
                livestock products in unmanufactured form; and
                    (B) price discrimination in meat, including beef
                and pork, that results in higher prices or otherwise
                less favorable terms for independent, smaller, or
                neighborhood grocery stores; and
            (2) its authority under section 6(b) of the Federal Trade
        Commission Act (15 U.S.C. 46(b)) to conduct studies and obtain
        information, including compulsory process where appropriate,
        regarding the structure, conduct, and performance of retail and
        wholesale meat markets, and the pricing, contracting, and
        merchandising practices of firms operating in those markets.
    (b) Contents.--The report required under subsection (a) shall
include, at a minimum--
            (1) a description of the Commission's interpretation of its
        authority under section 406 of the Packers and Stockyards Act,
        1921 (7 U.S.C. 227), and section 5 of the Federal Trade
        Commission Act (15 U.S.C. 45), as those authorities apply to
        unfair and unjustly discriminatory retail and wholesale meat
        prices and to price discrimination in meat affecting retail
        grocers;
            (2) a description of any policies, guidance, rules, or
        enforcement priorities the Commission has adopted, revised, or
        is considering to better detect, deter, and remedy such conduct
        using its authority under section 406 of the Packers and
        Stockyards Act, 1921 (7 U.S.C. 227), section 5 of the Federal
        Trade Commission Act (15 U.S.C. 45), and other applicable
        statutes;
            (3) a summary of any investigations, enforcement actions,
        or other proceedings, initiated or completed during the 180-day
        period beginning on the date of enactment of this Act, that
        involve alleged unfair and unjustly discriminatory retail or
        wholesale meat prices or price discrimination in meat affecting
        retail grocers, to the extent practicable and consistent with
        the protection of confidential or law-enforcement-sensitive
        information;
            (4) an assessment of how unfair and unjustly discriminatory
        pricing, and price discrimination in meat affecting retail
        grocers, may contribute to higher prices or reduced access to
        meat products for consumers in particular geographic areas or
        demographic groups;
            (5) a description of the Commission's coordination with the
        Department of Agriculture, the Department of Justice, and any
        other relevant Federal or State agencies with respect to unfair
        and unjustly discriminatory retail and wholesale meat prices
        and price discrimination affecting retail grocers;
            (6) any recommendations for additional statutory authority,
        resources, or other measures that the Commission determines
        would enhance its ability to address unfair and unjustly
        discriminatory retail and wholesale meat prices and price
        discrimination in meat that harms competition and consumers;
            (7) a description of how the Commission has used, or plans
        to use, its authority under section 6(b) of the Federal Trade
        Commission Act (15 U.S.C. 46(b)) to study and obtain
        information regarding retail and wholesale meat pricing, fees,
        discounts, allowances, and other terms or practices that may
        result in unfair or unjustly discriminatory prices or price
        discrimination affecting independent, smaller, or neighborhood
        grocery stores; and
            (8) an identification of any studies initiated, ongoing, or
        completed under section 6(b) of the Federal Trade Commission
        Act (15 U.S.C. 46(b)) that relate to retail or wholesale meat
        markets, food retailing, or related pricing and merchandising
        practices, and a discussion of how the results of such studies
        inform, or are expected to inform, the Commission's
        enforcement, policy development, and coordination with other
        Federal or State agencies with respect to unfair and unjustly
        discriminatory retail or wholesale meat prices and price
        discrimination.
    (c) Committees.--The congressional committees described in this
subsection are the following:
            (1) The Committee on Commerce, Science, and Transportation
        of the Senate.
            (2) The Committee on Agriculture, Nutrition, and Forestry
        of the Senate.
            (3) The Committee on the Judiciary of the Senate.
            (4) The Committee on Energy and Commerce of the House of
        Representatives.
            (5) The Committee on Agriculture of the House of
        Representatives.
            (6) The Committee on the Judiciary of the House of
        Representatives.

          TITLE V--FUNDING THE DEVELOPMENT OF NEW COMPETITORS

SEC. 501. FUNDING FOR FARMER'S COOPERATIVES AND SMALL BUSINESS
              CONCERNS.

    (a) Definitions.--In this section:
            (1) Administrator.--The term ``Administrator'' means the
        Administrator of the Small Business Administration.
            (2) Eligible entity.--The term ``eligible entity'' means--
                    (A) a farmers' cooperative; and
                    (B) a small business concern (within the meaning of
                section 3 of the Small Business Act (15 U.S.C. 632)).
    (b) Authority.--The Administrator may provide financial assistance,
loan guarantees, technical assistance, and other assistance to eligible
entities for the purpose of acquiring, operating, or expanding
meatpacking plants or facilities divested pursuant to this Act.
    (c) Applications.--An eligible entity seeking assistance under
subsection (b) shall submit to the Administrator an application at such
time, in such manner, and containing such information as the
Administrator may require.
    (d) Preference.--In evaluating applications submitted under
subsection (c), the Administrator shall, to the extent consistent with
sound underwriting and program integrity, give preference to eligible
entities proposing to use such assistance for locally or regionally
focused operations that will enhance competition for livestock and
benefit producers and consumers.
    (e) Authorization of Appropriations.--There are authorized to be
appropriated to the Administrator such sums as are necessary to carry
out this section.

             TITLE VI--RULEMAKING AND ENFORCEMENT AUTHORITY

SEC. 601. ENFORCEMENT AUTHORITY.

    (a) Enforcement.--
            (1) Failure to divest as required.--
                    (A) In general.--A failure to divest pursuant to
                this Act shall be deemed to be an unlawful method of
                competition in violation of section 5 of the Federal
                Trade Commission Act (15 U.S.C. 45). The Commission
                shall enforce divestitures under this Act in the same
                manner, by the same means, and with the same
                jurisdiction, powers, and duties as though all
                applicable terms and provisions of the Federal Trade
                Commission Act (15 U.S.C. 41 et seq.) were incorporated
                into and made a part of this section.
                    (B) Persons subject to the packers and stockyards
                act.--Notwithstanding section 5(a)(2) of the Federal
                Trade Commission Act (15 U.S.C. 45(a)(2)) or any
                jurisdictional limitation of the Commission, the
                Commission shall also enforce this Act, in the same
                manner provided in subparagraph (A), with respect to
                persons, partnerships, or corporations insofar as they
                are subject to the Packers and Stockyards Act, 1921 (7
                U.S.C. 181 et seq.).
                    (C) Penalties for failure to divest.--
                            (i) In general.--The Commission shall
                        impose a civil penalty equal to 10 percent of
                        the revenue of the violator during the period
                        of violation for any failure to divest pursuant
                        to this Act.
                            (ii) Enhanced penalty.--The Commission
                        shall impose a civil penalty equal to 3 times
                        the amount of any damages under section 5 of
                        the Federal Trade Commission Act (15 U.S.C. 45)
                        for any knowing violation of this Act.
            (2) Civil action.--
                    (A) In general.--The Commission is authorized to
                bring a civil action in an appropriate district court
                of the United States to enforce any divestment plan,
                order, or condition imposed under this Act, including
                to enjoin violations, compel compliance, or obtain
                other appropriate relief.
                    (B) Remedies.--In an action under subparagraph (A),
                the court may grant any appropriate equitable relief,
                including specific performance, modification of
                divestiture terms (only on motion of the Commission),
                appointment of a monitor, disgorgement or restitution,
                or such other relief as the interests of justice and
                competition may require.
    (b) Use of Penalty Funds.--The Commission shall use any civil
penalties or other amounts recovered under this Act to promote
competition, including by funding the development of new competitors
under title V.
    (c) Requests for Information and Assistance.--The Department of
Agriculture shall comply with all requests for information and expert
assistance made by the Commission in carrying out this Act.

SEC. 602. RULEMAKING.

    (a) Objectives.--In promulgating all rules under this Act relating
to required divestitures and divestment plans, the Commission shall aim
to--
            (1) discourage monopolistic practices;
            (2) strengthen and preserve the competitive position of
        small business concerns;
            (3) foster the development of new independent enterprises;
        and
            (4) preference farmers' cooperatives and small businesses
        in divestment plans.
    (b) Requirements.--
            (1) In general.--Not later than 90 days after the date of
        enactment of this Act, the Commission shall promulgate, in
        accordance with section 553 of title 5, United States Code,
        such rules and regulations as are necessary to carry out this
        Act, including rules relating to--
                    (A) definitions of markets for cattle slaughter and
                beef processing in the United States;
                    (B) standards and requirements for divestitures
                under this Act; and
                    (C) in consultation with national security
                agencies, an identification of all covered foreign-
                controlled meatpacking enterprises.
            (2) Failure to promulgate regulations.--If no regulations
        have been promulgated by the Commission on or before the date
        described in this subsection, the requirements of this section
        shall still apply.
                                 <all>

Official legislative text sourced from the public record (cached on CivicsHQ).

Official source

View the original bill, actions, and full legislative record on Congress.gov.

View on Congress.govopen_in_new

Status

In Committee

  1. 1Introduced
  2. 2Committee
  3. 3Floor
  4. 4Passed
  5. 5Signed

Timeline reflects current normalized status only. Full action history is not yet stored in the API.

Votes

Voting records are not yet available for this bill.