,,ii #aaith ,,congress #b;d ,session ,s4 #djjg ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #e1 #bjbf,mr4 ,schumer 7for himself1 ,mr4 ,booker1 ,mr4 ,welch1 ,ms4 ,warren1 ,mr4 ,sanders1 ,mr4 ,gallego1 ,mr4 ,merkley1 ,mr4 ,schatz1 ,mr4 ,durbin1 ,mr4 ,markey1 ,mr4 ,kim1 ,mr4 ,murphy1 and ,mr4 ,whitehouse7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to restore competition in the meatpacking industry by reducing excessive concentration and market power and ultimately reduce prices for ,american consumers1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,family ,grocery and ,farmer ,relief ,act4 #b4 ,findings and purposes 7a7 ,findings ,congress finds the following3 7#a7 ,the meatpacking industry in the ,united ,states is highly concentrated1 with a small number of firms controlling a dominant share of beef1 chicken1 and pork slaughtering and processing4 7#b7 #d firms control #he percent of the beef market and #fg percent of the pork market1 which is up from #cf percent and #cd percent1 respectively1 in #aihj4 7#c7 #d firms control more than #fj percent of the market in chicken processing4 7#d7 ,the scale and market dominance of large meatpacking firms create substantial barriers to entry and expansion for independent and regional processors1 limiting competitive alternatives for producers and consumers4 7#e7 ,this highly consolidated meatpacking market has real consequences for farmers1 workers1 and consumers4 7#f7 ,meatpackers have repeatedly used their market power in ways that suppress wages1 destroy jobs through strategic plant shutdowns1 and subject workers to extremely dangerous conditions while prices are to their advantage4 7#g7 ,extreme concentration in meatpacking has resulted in diminished bargaining power for independent producers1 increased vulnerability to unfair and discriminatory practices1 and reduced economic viability for rural communities4 7#h7 ,consumers are paying more for meat1 with the ,department of ,agriculture reporting that ground beef prices have increased about #af4d percent since last year4 ,meanwhile1 increased revenue is not flowing to farmers and ranchers as-- 7,a7 in #aigj1 #gj percent of the consumer's beef dollar went to cattle ranchers1 but today1 ranchers' share of the consumer's beef dollar is closer to #cj percent2 and 7,b7 profits remain with the big #d covered meatpacking enterprises4 7#i7 ,the public interest requires competitive1 transparent1 and resilient markets for essential food products4 7b7 ,purposes ,the purposes of this ,act are to-- 7#a7 restore competition in the meatpacking industry by reducing excessive concentration and market power2 7#b7 prohibit and reverse mergers and acquisitions in the meatpacking sector that have materially lessened competition2 7#c7 authorize and require structural separation1 divestiture1 or breakup of dominant meatpacking firms1 where necessary1 to restore competitive market conditions2 7#d7 ensure that no firm retains or expands market power in ,united ,states food and agricultural markets through capital obtained by corruption1 bribery1 or other unlawful conduct2 7#e7 deny competitive advantage derived from foreign state-backed or non-market financing that undermines fair competition in ,united ,states markets2 7#f7 protect independent cattle producers from abusive1 coercive1 or discriminatory practices arising from excessive buyer concentration2 7#g7 ensure that any restructuring of the industry results in safer1 fairer1 and more sustainable jobs for workers across the supply chain2 7#h7 promote the growth and viability of independent and regional meat processors2 and 7#i7 help bring prices down for families in the ,united ,states4 #c4 ,definitions ,in this ,act3 7#a7 ,beef meatpacking market ,the term beef meatpacking market means the market for cattle slaughter and beef processing in the ,united ,states1 including the national beef market and regional beef markets4 7#b7 ,commission ,the term ,commission means the ,federal ,trade ,commission4 7#c7 ,covered feedlot ,the term covered feedlot means a feedlot with a capacity of #bd1jjj head of cattle or more4 7#d7 ,covered foreign-controlled meatpacking enterprise ,the term covered foreign-controlled covered meatpacking enterprise means-- 7,a7 ,,jbs ,s4,a4 and its affiliates2 and 7,b7 any other entity1 as determined by rule by the ,commission4 7#e7 ,covered meatpacking enterprise 7,a7 ,in general ,subject to subparagraph 7,b71 the term covered meatpacking enterprise has the meaning given the term packer in section #bja of the ,packers and ,stockyards ,act1 #aiba 7#g ,u4,s4,c4 #aia74 7,b7 ,rulemaking ,not later than #ij days after the date of enactment of this ,act1 the ,commission shall1 by rule1 define for purposes of this ,act-- 7i7 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 7,a72 and 7ii7 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 7,a74 7#f7 ,,cr#d ,the term ,,cr#d means the sum of the market shares of the #d largest firms in the relevant market4 7#g7 ,farmers' cooperative ,the term farmers' cooperative means an organization exempt from taxation under section #eba of the ,internal ,revenue ,code of #aihf4 7#h7 ,feedlot ,the term feedlot-- 7,a7 means any facility that is used in its entirety or in part for the purpose of feeding livestock to be slaughtered1 or to be sold for slaughter1 by another2 and 7,b7 does not include feeding incidental to the sale or transportation of livestock4 7#i7 ,,hhi ,the term ,,hhi means the ,herfindahl-,hirschman ,index1 calculated as the sum of the squares of the market shares of all firms in the relevant market4 7#aj7 ,line of protein ,the term line of protein means livestock1 livestock products 7as defined in section #b of the ,packers and ,stockyards ,act1 #aiba 7#g ,u4,s4,c4 #ahb771 poultry1 poultry products 7as defined in section #d of the ,poultry ,products ,inspection ,act 7#ba ,u4,s4,c4 #dec771 meats1 or meat food products 7as defined in section #a of the ,federal ,meat ,inspection ,act 7#ba ,u4,s4,c4 #fja77 in each of the following product categories3 7,a7 ,beef 7including cattle slaughter1 beef processing1 and beef products74 7,b7 ,pork 7including hog slaughter1 pork processing1 and pork products74 7,c7 ,poultry 7including chicken slaughter1 processing1 and chicken products74 7,d7 ,any additional category1 as the ,commission may1 by rule1 designate to prevent evasion of this ,act4 7#aa7 ,market share ,the term market share means the share of total slaughter or processing capacity1 volume1 or sales in the relevant market1 as determined by rule by the ,commission4 7#ab7 ,national beef market ,the term national beef market means the market of the ,united ,states as a whole1 or such broader integrated geographic market as the ,commission determines appropriate1 for the slaughter of cattle and processing of beef products4 7#ac7 ,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 ,agriculture1 or any successor system of regional delineation the ,commission determines better reflects competitive conditions4 ,i ,breaking up the meatpacking industry #aja4 ,limitation on operation in multiple lines of protein 7a7 ,prohibition 7#a7 ,in general ,it shall be unlawful for a covered meatpacking enterprise to own1 control1 or operate any entity or combination of entities that engaged in more than #a line of protein in the ,united ,states1 in or affecting interstate or foreign commerce4 7#b7 ,prohibition on new acquisitions ,on and after the date of enactment of this ,act1 no covered meatpacking enterprise may acquire1 directly or indirectly1 control of assets or operations in a line of protein other than the line of protein in which the covered meatpacking enterprise already engages1 in violation of paragraph 7#a74 7b7 ,divestiture required ,the ,commission shall require divestiture pursuant to section #ajb of any covered meatpacking enterprise that violates subsection 7a74 #ajb4 ,divestiture authority 7a7 ,commission authority 7#a7 ,in general ,with respect to any violation of section #aja1 the ,commission shall develop and oversee a divestiture plan for the covered meatpacking enterprise that provides for-- 7,a7 the sale of assets to #a or more independent entities2 or 7,b7 the creation of #a or more new1 independent entities through spin-off or other structural separation4 7#b7 ,standards ,in exercising its authority under paragraph 7#a71 the ,commission shall-- 7,a7 act in a manner consistent with the public interest in promoting competition1 protecting consumers1 producers1 and workers1 and ensuring a resilient food supply1 as described in section #fjb2 and 7,b7 to the maximum extent practicable1 structure divestitures under this section so as to-- 7i7 avoid reconcentration of assets2 7ii7 encourage ownership and control of divested assets by farmers' cooperatives1 worker owned enterprises1 and other small or mid sized businesses2 and 7iii7 prevent reacquisition of divested assets by firms whose market power contributed to the need for divestiture4 7b7 ,transition2 compliance plans 7#a7 ,in general ,not later than #abj days after the date of enactment of this ,act1 the ,commission shall develop a plan for the divestiture of each covered meatpacking enterprise that1 as of the date of enactment of this ,act1 is engaged in the processing of more than #a line of protein in violation of section #aja4 7#b7 ,comment ,not later than #cj days after the development of a plan under this section1 a covered meatpacking enterprise shall submit to the ,commission any comments on the plan4 7#c7 ,approval of plan ,following the end of the comment period under paragraph 7#b71 the ,commission shall consider and respond to significant comments received under that paragraph and approve a final version of the plan4 ,,ii ,specific rules for consolidation in beef meatpacking market #bja4 ,prohibition on unlawful horizontal consolidation ,the ,commission shall require divestiture pursuant to section #bjb1 as applicable1 if in a regional beef market or in a national beef market-- 7#a7 the ,,hhi exceeds #ahjj2 7#b7 the ,,cr#d exceeds #ej percent2 or 7#c7 any covered meatpacking enterprise has a market share of #cj percent or more4 #bjb4 ,regional and national beef market divestiture authority and process 7a7 ,in general ,divestiture under this section may consist of-- 7#a7 sale of #a or more entities1 facilities1 or business units to #a or more independent entities2 or 7#b7 the creation of #a or more new1 independent entities1 including through spin-offs or other structural separation4 7b7 ,divestiture in regional beef markets 7#a7 ,in general 7,a7 ,violation under ,,hhi or ,,cr#d measures ,with respect to a condition described in paragraph 7#a7 or 7#b7 of section #bja1 the ,commission shall order divestiture in the regional market as follows3 7i7 ,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 entity1 facility1 or business unit in that region4 7ii7 ,after the divestiture required under clause 7i71 the ,commission shall reassess the concentration in the regional beef market under section #bja7;a74 7iii7 ,if #a or more thresholds described in section #bja is met after the reassessment under clause 7ii71 the ,commission shall repeat the process described in clauses 7i7 and 7ii7 as necessary1 including by ordering further divestitures1 until no threshold described in section #bja is met or until the ,commission determines that further divestiture would not reduce market concentration4 7,b7 ,violation under single firm market share measure ,with respect to a condition described in section #bja7c71 the ,commission shall order divestiture in the regional market of the covered meatpacking enterprise meeting that condition4 7#b7 ,use of equitable powers to deconcentrate the market ,if the ,commission is unable to order further divestitures under subparagraph 7,a77iii7 of paragraph 7#a7 and #a or more thresholds described in section #bja is still met1 such as if the largest covered meatpacking enterprise has only #a entity1 facility1 or business unit in the market which cannot be divided1 the ,commission shall use all equitable powers to otherwise deconcentrate the market until the ,commission determines that none of the thresholds described in section #bja are met4 7c7 ,divestiture in national beef market ,in the national beef market1 the ,commission shall apply a substantially similar process to the process described in subsection 7b71 as appropriate1 to require divestiture by covered meatpacking enterprises 7including by ordering divestiture of specified entities1 facilities1 or business units1 or other assets7 and use all equitable powers to deconcentrate the market until the ,commission determines that none of the thresholds described in section #bja are met4 #bjc4 ,vertical consolidation 7a7 ,findings ,congress finds that the long-term supply contracts and similar arrangements between large packers and large feedlots can be functionally equivalent to ownership1 leading over time to consolidation of feedlots1 reduced demand for cattle from independent producers1 and diminished competition4 7b7 ,prohibition ,no covered meatpacking enterprise in the beef line of protein may slaughter1 in any calendar year1 more than #aj percent of the cattle produced by any single covered feedlot4 7c7 ,private right of action 7#a7 ,in general ,if a covered meatpacking enterprise violates subsection 7b71 any feedlot owner or operator that sold some percentage less than #aj 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-- 7,a7 an amount equal to #c 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 year2 and 7,b7 reasonable costs and attorney's fees4 7#b7 ,civil penalty to address private injuries ,the ,commission may impose on any covered meatpacking enterprise violating subsection 7b7 a civil penalty equal to the amount described in paragraph 7#a77;,a7 with respect to each feedlot owner or operator that sold less than #aj percent of its cattle to the covered meatpacking enterprise and shall use the amount recovered to compensate such feedlots4 ,,iii ,prohibiting foreign leverage over the domestic beef and pork markets #cja4 ,findings ,congress finds the following3 7#a7 ,a significant portion of domestic beef1 pork1 and chicken processing capacity is owned or controlled by foreign-based multinational corporations1 raising concerns relating to food system resilience1 transparency1 and national security4 7#b7 ,,jbs ,s4,a41 a foreign-based multinational corporation1 is the largest beef processor operating in the ,united ,states and has obtained substantial domestic meatpacking assets through a sustained acquisition strategy4 7#c7 ,in #bjbj1 ,j,f ,investimentos ,s4,a4 7the parent company of ,,jbs ,s4,a47 agreed to pay more than #bhj1jjj1jjj 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 institutions4 ,capital obtained through such corrupt practices was used1 in whole or in part1 to finance acquisitions of meatpacking and food processing assets in the ,united ,states4 7#d7 ,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 lawful1 market-based financing4 7#e7 ,the ,people's ,republic of ,china has an increasing footprint in the food supply chain in the ,united ,states1 with ,smithfield ,foods1 owned by the ,,wh ,group of the ,people's ,republic of ,china1 holding a major position in ,united ,states pork processing and announcing in ,january #bjbf its acquisition of ,nathan's ,famous1 an iconic brand of the ,united ,states4 7#f7 ,when major processing capacity and widely recognized brands in the ,united ,states move under the control of a foreign parent company1 the public deserves to know how that affects competition1 pricing power1 and national security4 #cjb4 ,divestiture plans for covered foreign-controlled meatpacking enterprises 7a7 ,in general ,it shall be unlawful for any covered foreign-controlled meatpacking enterprise to operate in interstate commerce in the ,united ,states4 7b7 ,divestiture required 7#a7 ,in general ,not later than #abj days after the date of enactment of this ,act1 the ,commission shall require each covered foreign-controlled meatpacking enterprise violating subsection 7a7 to carry out a divestiture plan under paragraph 7#b74 7#b7 ,structure ,a divestiture plan of a covered foreign-controlled meatpacking enterprise under this paragraph shall-- 7,a7 be developed by the ,commission2 and 7,b7 require the covered foreign-controlled meatpacking enterprise to divest its ,united ,states meatpacking and food processing operations1 which may require that such operations be-- 7i7 transferred to #a or more new1 independent entities headquartered1 incorporated1 and controlled by persons domiciled in the ,united ,states2 or 7ii7 sold to #a or more entities1 subject to conditions necessary to preserve and enhance competition and safeguard national security interests1 including1 as appropriate1 in consultation with relevant national security agencies4 7#c7 ,standards ,in exercising its authority under paragraph 7#a71 the ,commission shall-- 7,a7 act in a manner consistent with the public interest in promoting competition1 protecting consumers1 producers1 and workers1 and ensuring a resilient food supply1 as described in section #fjb2 and 7,b7 to the maximum extent practicable1 structure divestitures under this section so as to-- 7i7 avoid reconcentration of assets2 7ii7 encourage ownership and control of divested assets by farmers' cooperatives1 worker owned enterprises1 and other small or mid sized businesses2 and 7iii7 prevent reacquisition of divested assets by firms whose market power contributed to the need for divestiture4 7#d7 ,consideration of corruption and unlawful conduct ,in designing the divestiture plan under this paragraph1 the ,commission may take into account prior admissions and findings relating to corruption1 bribery1 and other unlawful conduct used to obtain financing for ,united ,states acquisitions1 including settlements and judgments under the ,foreign ,corrupt ,practices ,act of #aigg 7#ae ,u4,s4,c4 #gh;dd-#a et seq474 7#e7 ,extension ,with respect to a covered foreign-controlled meatpacker1 the ,commission may grant a single extension of not more than #ij days of the date on which the prohibition under subsection 7a7 would otherwise apply to the covered foreign-controlled meatpacking enterprise if the ,commission certifies to ,congress that-- 7,a7 a path to executing a divestiture under this subsection has been identified with respect to such covered foreign-controlled meatpacking enterprise2 7,b7 evidence of significant progress toward executing such divestiture has been produced with respect to such covered foreign-controlled meatpacking enterprise2 and 7,c7 there are in place the relevant binding legal agreements to enable execution of such divestiture during the period of such extension4 #cjc4 ,review of other foreign-controlled meatpacking enterprises 7a7 ,study and report ,not later than #ahj days after the date of enactment of this ,act1 the ,commission shall complete a study of the business practices1 financing1 ownership structures1 and competitive effects of all foreign-controlled entities with significant meatpacking and related operations in the ,united ,states1 including those of entities engaged in beef or pork production and processing4 7b7 ,consultation ,in conducting the study under subsection 7a71 the ,commission shall consult with appropriate national security agencies1 including the ,department of ,defense1 the ,department of ,homeland ,security1 the ,office of the ,director of ,national ,intelligence1 the ,department of ,agriculture1 the ,department of ,justice1 and any other relevant agency as determined by the ,commission4 7c7 ,authority ,to determine need for divestment 7#a7 ,in general ,the ,commission may determine1 based on the study and consultations under subsections 7a7 and 7b71 that divestment1 structural separation1 or other remedial action is needed with respect to such foreign-controlled entities to protect competition1 national security1 or the resilience of the ,united ,states food system4 7#b7 ,congressional review 7,a7 ,submission ,before the ,commission may require divestment1 structural separation1 or other remedial action under paragraph 7#a71 the ,commission shall submit to each ,house of ,congress the determination under that paragraph and ,congress shall review the determination pursuant to subparagraph 7,b74 7,b7 ,review ,congress may1 by an ,act of ,congress1 block a determination submitted under subparagraph 7,a7 through the congressional disapproval procedure set forth in section #hjb of title #e1 ,united ,states ,code4 7,c7 ,requirement ,upon the expiration of the review period under subparagraph 7,b71 the ,commission may require the divestiture1 structural separation1 or other remedial action determined under paragraph 7#a74 7d7 ,report to ,congress ,not later than #abj days after the date of enactment of this ,act1 the ,commission shall submit to ,committee on ,commerce1 ,science1 and ,transportation of the ,senate1 the ,select ,committee on ,intelligence of the ,senate1 the ,committee on the ,judiciary of the ,senate1 the ,committee on ,energy and ,commerce of the ,house of ,representatives1 the ,permanent ,select ,committee on ,intelligence of the ,house of ,representatives1 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 enterprise4 ,,iv ,bringing ,prices ,down for the ,american ,family #dja4 ,findings ,congress finds the following3 7#a7 ,families across the ,united ,states face persistently high prices for meat1 which contribute significantly to overall food costs and household financial strain4 7#b7 ,concentration and limited competition in meat supply chains and retail markets can facilitate unfair and unjustly discriminatory pricing practices1 including price discrimination that disadvantages certain retail grocers and the communities they serve4 7#c7 ,unfair and unjustly discriminatory prices and price discrimination for meat products can result in higher prices1 reduced availability1 and fewer choices for consumers1 particularly in rural areas1 low-income communities1 and communities already experiencing limited grocery access4 7#d7 ,section #djf of the ,packers and ,stockyards ,act1 #aiba 7#g ,u4,s4,c4 #bbg71 confers authority on the ,commission with respect to the retail sale of meat1 meat food products1 and livestock products in unmanufactured form4 ,under section #djf of the ,packers and ,stockyards ,act1 #aiba 7#g ,u4,s4,c4 #bbg71 the ,commission may exercise its authority1 including its authority under the ,federal ,trade ,commission ,act1 to prevent unfair methods of competition and unfair or deceptive acts or practices in or affecting commerce in connection with such retail sales4 7#e7 ,the authority extends to conduct that results in unfair and unjustly discriminatory retail meat prices and to price discrimination in meat1 which drives prices higher for independent1 smaller1 or neighborhood grocery stores1 where such conduct constitutes an unfair method of competition or an unfair or deceptive act or practice4 7#f7 ,section #e of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #de7 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 investigations1 administrative proceedings1 and judicial enforcement1 including with respect to retail and wholesale sales of meat1 meat food products1 and livestock products in unmanufactured form where such sales are in or affect commerce4 7#g7 ,the ,commission's authority under section #e of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #de71 including as informed by its policy statements and enforcement precedent1 provides an important tool to challenge unfair methods of competition1 coordinated conduct1 exclusionary practices1 and unfair or deceptive acts or practices in retail and wholesale meat markets that may drive up prices1 restrict output1 or otherwise harm consumers1 small and independent grocers1 and fair competition4 7#h7 ,congress intends that the ,commission fully and proactively utilize its authority under section #djf of the ,packers and ,stockyards ,act1 #aiba1 its authority under ,section #e of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #de71 and all other applicable laws1 to identify1 prevent1 and remedy unfair and unjustly discriminatory retail and wholesale meat prices and price discrimination that harms consumers1 honest businesses1 and competition4 7#i7 ,the authority of the ,commission under section #f7;b7 of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #df7;b77 to require reports and answers to specific questions from persons1 partnerships1 and corporations enables the ,commission to study and report on market structure1 pricing practices1 and competitive conditions in retail and wholesale meat markets1 thereby informing effective enforcement and policymaking4 #djb4 ,report on maximizing authority under section #djf of the packers and stockyards act1 #aiba1 and related ,federal trade commission authorities 7a7 ,report required ,not later than #ahj days after the date of enactment of this ,act1 the ,commission shall submit to the congressional committees described in subsection 7c7 a report describing how the ,commission is using and maximizing1 and plans to further maximize-- 7#a7 its authorities under section #djf of the ,packers and ,stockyards ,act1 #aiba 7#g ,u4,s4,c4 #bbg7 and section #e of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #de7 to address-- 7,a7 unfair and unjustly discriminatory retail and wholesale prices for meat1 meat food products1 and livestock products in unmanufactured form2 and 7,b7 price discrimination in meat1 including beef and pork1 that results in higher prices or otherwise less favorable terms for independent1 smaller1 or neighborhood grocery stores2 and 7#b7 its authority under section #f7;b7 of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #df7;b77 to conduct studies and obtain information1 including compulsory process where appropriate1 regarding the structure1 conduct1 and performance of retail and wholesale meat markets1 and the pricing1 contracting1 and merchandising practices of firms operating in those markets4 7b7 ,contents ,the report required under subsection 7a7 shall include1 at a minimum-- 7#a7 a description of the ,commission's interpretation of its authority under section #djf of the ,packers and ,stockyards ,act1 #aiba 7#g ,u4,s4,c4 #bbg71 and section #e of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #de71 as those authorities apply to unfair and unjustly discriminatory retail and wholesale meat prices and to price discrimination in meat affecting retail grocers2 7#b7 a description of any policies1 guidance1 rules1 or enforcement priorities the ,commission has adopted1 revised1 or is considering to better detect1 deter1 and remedy such conduct using its authority under section #djf of the ,packers and ,stockyards ,act1 #aiba 7#g ,u4,s4,c4 #bbg71 section #e of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #de71 and other applicable statutes2 7#c7 a summary of any investigations1 enforcement actions1 or other proceedings1 initiated or completed during the #ahj-;day period beginning on the date of enactment of this ,act1 that involve alleged unfair and unjustly discriminatory retail or wholesale meat prices or price discrimination in meat affecting retail grocers1 to the extent practicable and consistent with the protection of confidential or law-enforcement-sensitive information2 7#d7 an assessment of how unfair and unjustly discriminatory pricing1 and price discrimination in meat affecting retail grocers1 may contribute to higher prices or reduced access to meat products for consumers in particular geographic areas or demographic groups2 7#e7 a description of the ,commission's coordination with the ,department of ,agriculture1 the ,department of ,justice1 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 grocers2 7#f7 any recommendations for additional statutory authority1 resources1 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 consumers2 7#g7 a description of how the ,commission has used1 or plans to use1 its authority under section #f7;b7 of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #df7;b77 to study and obtain information regarding retail and wholesale meat pricing1 fees1 discounts1 allowances1 and other terms or practices that may result in unfair or unjustly discriminatory prices or price discrimination affecting independent1 smaller1 or neighborhood grocery stores2 and 7#h7 an identification of any studies initiated1 ongoing1 or completed under section #f7;b7 of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #df7;b77 that relate to retail or wholesale meat markets1 food retailing1 or related pricing and merchandising practices1 and a discussion of how the results of such studies inform1 or are expected to inform1 the ,commission's enforcement1 policy development1 and coordination with other ,federal or ,state agencies with respect to unfair and unjustly discriminatory retail or wholesale meat prices and price discrimination4 7c7 ,committees ,the congressional committees described in this subsection are the following3 7#a7 ,the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate4 7#b7 ,the ,committee on ,agriculture1 ,nutrition1 and ,forestry of the ,senate4 7#c7 ,the ,committee on the ,judiciary of the ,senate4 7#d7 ,the ,committee on ,energy and ,commerce of the ,house of ,representatives4 7#e7 ,the ,committee on ,agriculture of the ,house of ,representatives4 7#f7 ,the ,committee on the ,judiciary of the ,house of ,representatives4 ,v ,funding the development of new competitors #eja4 ,funding for farmer's cooperatives and small business concerns 7a7 ,definitions ,in this section3 7#a7 ,administrator ,the term ,administrator means the ,administrator of the ,small ,business ,administration4 7#b7 ,eligible entity ,the term eligible entity means-- 7,a7 a farmers' cooperative2 and 7,b7 a small business concern 7within the meaning of section #c of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcb774 7b7 ,authority ,the ,administrator may provide financial assistance1 loan guarantees1 technical assistance1 and other assistance to eligible entities for the purpose of acquiring1 operating1 or expanding meatpacking plants or facilities divested pursuant to this ,act4 7c7 ,applications ,an eligible entity seeking assistance under subsection 7b7 shall submit to the ,administrator an application at such time1 in such manner1 and containing such information as the ,administrator may require4 7d7 ,preference ,in evaluating applications submitted under subsection 7c71 the ,administrator shall1 to the extent consistent with sound underwriting and program integrity1 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 consumers4 7e7 ,authorization of appropriations ,there are authorized to be appropriated to the ,administrator such sums as are necessary to carry out this section4 ,,vi ,rulemaking and enforcement authority #fja4 ,enforcement authority 7a7 ,enforcement 7#a7 ,failure to divest as required 7,a7 ,in general ,a failure to divest pursuant to this ,act shall be deemed to be an unlawful method of competition in violation of section #e of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #de74 ,the ,commission shall enforce divestitures under this ,act in the same manner1 by the same means1 and with the same jurisdiction1 powers1 and duties as though all applicable terms and provisions of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #da et seq47 were incorporated into and made a part of this section4 7,b7 ,persons subject to the ,packers and ,stockyards ,act ,notwithstanding section #e7;a77#b7 of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #de7;a77#b77 or any jurisdictional limitation of the ,commission1 the ,commission shall also enforce this ,act1 in the same manner provided in subparagraph 7,a71 with respect to persons1 partnerships1 or corporations insofar as they are subject to the ,packers and ,stockyards ,act1 #aiba 7#g ,u4,s4,c4 #aha et seq474 7,c7 ,penalties for failure to divest 7i7 ,in general ,the ,commission shall impose a civil penalty equal to #aj percent of the revenue of the violator during the period of violation for any failure to divest pursuant to this ,act4 7ii7 ,enhanced penalty ,the ,commission shall impose a civil penalty equal to #c times the amount of any damages under section #e of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #de7 for any knowing violation of this ,act4 7#b7 ,civil action 7,a7 ,in general ,the ,commission is authorized to bring a civil action in an appropriate district court of the ,united ,states to enforce any divestment plan1 order1 or condition imposed under this ,act1 including to enjoin violations1 compel compliance1 or obtain other appropriate relief4 7,b7 ,remedies ,in an action under subparagraph 7,a71 the court may grant any appropriate equitable relief1 including specific performance1 modification of divestiture terms 7only on motion of the ,commission71 appointment of a monitor1 disgorgement or restitution1 or such other relief as the interests of justice and competition may require4 7b7 ,use of penalty funds ,the ,commission shall use any civil penalties or other amounts recovered under this ,act to promote competition1 including by funding the development of new competitors under title ,v4 7c7 ,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 ,act4 #fjb4 ,rulemaking 7a7 ,objectives ,in promulgating all rules under this ,act relating to required divestitures and divestment plans1 the ,commission shall aim to-- 7#a7 discourage monopolistic practices2 7#b7 strengthen and preserve the competitive position of small business concerns2 7#c7 foster the development of new independent enterprises2 and 7#d7 preference farmers' cooperatives and small businesses in divestment plans4 7b7 ,requirements 7#a7 ,in general ,not later than #ij days after the date of enactment of this ,act1 the ,commission shall promulgate1 in accordance with section #eec of title #e1 ,united ,states ,code1 such rules and regulations as are necessary to carry out this ,act1 including rules relating to-- 7,a7 definitions of markets for cattle slaughter and beef processing in the ,united ,states2 7,b7 standards and requirements for divestitures under this ,act2 and 7,c7 in consultation with national security agencies1 an identification of all covered foreign-controlled meatpacking enterprises4 7#b7 ,failure to promulgate regulations ,if no regulations have been promulgated by the ,commission on or before the date described in this subsection1 the requirements of this section shall still apply4