(b) PURPOSES.—The purpose of the Commission is
to—
(1) study the nature and consequences of con-
centration and vertical integration in America’s agri-
cultural economy; and
(2) make recommendations on how to change
underlying antitrust laws and other Federal laws
and regulations to keep a fair and competitive agri-
culture marketplace for family farmers, other small
and medium sized agriculture producers, generally,
and the communities of which they are a part.
(c) MEMBERSHIP OF COMMISSION.—
(1) COMPOSITION.—The Commission shall be
composed of 12 members as follows:
(A) Three persons, one of whom shall be a
person currently engaged in farming or ranch-
ing, shall be appointed by the President pro
tempore of the Senate upon the recommenda-
tion of the Majority Leader of the Senate, after
consultation with the Chairman of the Com-
mittee on Agriculture, Nutrition, and Forestry.
(B) Three persons, one of whom shall be
a person currently engaged in farming or
ranching, shall be appointed by the President
pro tempore of the Senate upon the rec-
ommendation of the Minority Leader of the
Senate, after consultation with the ranking mi-
nority member of the Committee on Agri-
culture, Nutrition, and Forestry.
(C) Three persons, one of whom shall be a
person currently engaged in farming or ranch-
ing, shall be appointed by the Speaker of the
House of Representatives, after consultation
with the Chairman of the Committee on Agri-
culture.
(D) Three persons, one of whom shall be
a person currently engaged in farming or
ranching, shall be appointed by the Minority
Leader of the House of Representatives, after
consultation with the ranking minority member
of the Committee on Agriculture.
(2) QUALIFICATIONS OF MEMBERS.—
(A) APPOINTMENTS.—Persons who are ap-
pointed under paragraph (1) shall be persons
who—
(i) have experience in farming or
ranching, expertise in agricultural econom-
ics and antitrust, or have other pertinent
qualifications or experience relating to ag-
riculture and agriculture industries; and
(ii) are not officers or employees of
the United States.
(B) OTHER CONSIDERATION.—In appoint-
ing Commission members, every effort shall be
made to ensure that the members—
(i) are representative of a broad cross
sector of agriculture and antitrust perspec-
tives within the United States; and
(ii) provide fresh insights to analyzing
the causes and impacts of concentration in
agriculture industries and sectors.
(d) PERIOD OF APPOINTMENT; VACANCIES.—
(1) IN GENERAL.—Members shall be appointed
not later than 60 days after the date of enactment
of this Act and the appointment shall be for the life
of the Commission.
(2) VACANCIES.—Any vacancy in the Commis-
sion shall not affect its powers, but shall be filled in
the same manner as the original appointment.
(e) INITIAL MEETING.—Not later than 30 days after
the date on which all members of the Commission have
been appointed, the Commission shall hold its first meet-
ing.
(f) MEETINGS.—The Commission shall meet at the
call of the Chairperson.
(g) CHAIRPERSON AND VICE CHAIRPERSON.—The
members of the Commission shall elect a chairperson and
vice chairperson from among the members of the Commis-
sion.
(h) QUORUM.—A majority of the members of the
Commission shall constitute a quorum for the transaction
of business.
(i) VOTING.—Each member of the Commission shall
be entitled to 1 vote, which shall be equal to the vote of
every other member of the Commission.
(j) DUTIES OF THE COMMISSION.—The Commission
shall be responsible for examining the nature, the causes,
and consequences concentration in America’s agricultural
economy in the broadest possible terms.
(k) ISSUES TO BE ADDRESSED.—The study shall in-
clude an examination of the following matters:
(1) The nature and extent of concentration in
the agricultural sector, including food production,
transportation, processing, distribution and mar-
keting, and farm inputs such as machinery, fer-
tilizer, and seeds.
(2) Current trends in concentration of the agri-
cultural sector and what this sector is likely to look
like in the near and longer term future.
(3) The effect of this concentration on farmer
income.
(4) The impacts of this concentration upon
rural communities, rural economic development, and
the natural environment.
(5) The impacts of this concentration upon food
shoppers, including the reasons that Depression-level
farm prices have not resulted in corresponding drops
in supermarket prices.
(6) The productivity of family-based farm units,
compared with corporate based agriculture, and
whether farming is approaching a scale that is larg-
er than necessary from the standpoint of produc-
tivity.
(7) The effect of current laws and administra-
tive practices in supporting and encouraging this
concentration.
(8) Whether the existing antitrust laws provide
adequate safeguards against, and remedies for, the
impacts of concentration upon family-based agri-
culture, the communities they comprise, and the
food shoppers of this Nation.
(9) Accurate and reliable data on the national
and international markets shares of multinational
agribusinesses, and the portion of their sales attrib-
utable to exports.
(10) Barriers that inhibit entry of new competi-
tors into markets for the processing of agricultural
commodities, such as the meat packing industry.
(11) The extent to which developments, such as
formula pricing, marketing agreements, and forward
contracting tend to give processors, agribusinesses,
and other buyers of agricultural commodities addi-
tional market power over producers and suppliers in
local markets.
(12) Such related matters as the Commission
determines to be important.
(l) FINAL REPORT.—(1) Not later than 12 months
after the date of the initial meeting of the Commission,
the Commission shall submit to the President and Con-
gress a final report which contains—
(A) the findings and conclusions of the Com-
mission described in subsection (b); and
(B) recommendations for addressing the prob-
lems identified as part of the Commission’s analysis.
(2) Any member of the Commission may submit addi-
tional findings and recommendations as part of the final
report.
(m) POWERS OF COMMISSION.—
(1) HEARINGS.—The Commission may hold
such hearings, sit and act at such times and places,
take such testimony, and receive such evidence as
the Commission may find advisable to fulfill the re-
quirements of this section. The Commission shall
hold at least 1 or more hearings in Washington,
D.C., and 4 in different agriculture regions of the
United States.
(2) INFORMATION FROM FEDERAL AGENCIES.—
The Commission may secure directly from any Fed-
eral department or agency such information as the
Commission considers necessary to carry out the
provisions of this section. Upon request of the Chair-
person of the Commission, the head of such depart-
ment or agency shall furnish such information to the
Commission.
(3) POSTAL SERVICES.—The Commission may
use the United States mails in the same manner and
under the same conditions as other departments and
agencies of the Federal Government.
(n) COMMISSION PERSONNEL MATTERS.—
(1) COMPENSATION OF MEMBERS.—Each mem-
ber of the Commission shall be compensated at a
rate equal to the daily equivalent of the annual rate
of basic pay prescribed for level IV of the Executive
Schedule under section 5315 of title 5, United
States Code, for each day (including travel time)
during which such member is engaged in the per-
formance of the duties of the Commission.
(2) TRAVEL EXPENSES.—The members of the
Commission shall be allowed travel expenses, includ-
ing per diem in lieu of subsistence, at rates author-
ized for employees of agencies under subchapter I of
chapter 57 of title 5, United States Code, while
away from their homes or regular places of business
in the performance of services for the Commission.
(3) STAFF.—
(A) IN GENERAL.—The Chairperson of the
Commission may, without regard to the civil
service laws and regulations, appoint and termi-
nate an executive director and such other addi-
tional personnel as may be necessary to enable
the Commission to perform its duties. The em-
ployment of an executive director shall be sub-
ject to confirmation by the Commission.
(B) COMPENSATION.—The Chairperson of
the Commission may fix the compensation of
the executive director and other personnel with-
out regard to the provisions of chapter 51 and
subchapter III of chapter 53 of title 5, United
States Code, relating to classification of posi-
tions and General Schedule pay rates, except
that the rate of pay for the executive director
and other personnel may not exceed the rate
payable for level V of the Executive Schedule
under section 5316 of such title.
(4) DETAIL
OF
GOVERNMENT
EMPLOYEES.—
Any Federal Government employee shall be detailed
to the Commission without reimbursement, and such
detail shall be without interruption or loss of civil
service status or privilege.
(5) PROCUREMENT OF TEMPORARY AND INTER-
MITTENT SERVICES.—The Chairperson of the Com-
mission may procure temporary and intermittent
services under section 3109(b) of title 5, United
States Code, at rates for individuals which do not
exceed the daily equivalent of the annual rate of
basic pay prescribed for level V of the Executive
Schedule under section 5316 of such title.
(o) SUPPORT SERVICES.—The Administrator of the
General Services Administration shall provide to the Com-
mission on a reimbursable basis such administrative sup-
port services as the Commission may request.
(p) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated $2,000,000 to the Com-
mission as required by this title to carry out this section.
SEC. 6. OFFICE OF SPECIAL COUNSEL FOR AGRICULTURE.
The Attorney General shall establish in the Depart-
ment of Justice an Office of Special Counsel for Agri-
culture. The individual appointed by the Attorney General
to head such Office shall handle agricultural antitrust
issues and related matters, as determined by the Attorney
General.
SEC. 7. EFFECTIVE DATE; APPLICATION OF AMENDMENTS.
(a) EFFECTIVE DATE.—Except as provided in sub-
section (b), this Act and the amendments made by this
Act shall take effect on the date of the enactment of this
Act.
(b) APPLICATION OF AMENDMENTS.—The amend-
ments made by this Act shall not apply with respect to
conduct occurring before the date of the enactment of this
Act.
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