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Donate NowS.1017 - Captive Supply Reform Act
A bill to amend the Packers and Stockyards Act, 1921, to prohibit the use of certain anti-competitive forward contracts.

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S 1017 ISCommentsClose CommentsPermalink
To amend the Packers and Stockyards Act, 1921, to prohibit the use of certain anti-competitive forward contracts.CommentsClose CommentsPermalink
March 28, 2007
Mr. MCCONNELL (for Mr. ENZI) (for himself, Mr. DORGAN, Mr. GRASSLEY, Mr. THOMAS, and Mr. CONRAD) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and ForestryCommentsClose CommentsPermalink
To amend the Packers and Stockyards Act, 1921, to prohibit the use of certain anti-competitive forward contracts.CommentsClose CommentsPermalink
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink
SECTION 1. SHORT TITLE.
This Act may be cited as the `Captive Supply Reform Act'.CommentsClose CommentsPermalink
SEC. 2. LIMITATION ON USE OF FORWARD CONTRACTS.
(a) In General- Section 202 of the Packers and Stockyards Act, 1921 (
(1) by striking `to:' and inserting `to--';CommentsClose CommentsPermalink
(2) by redesignating subsections (a), (b), (c), (d), (e), (f), and (g) as paragraphs (1), (2), (3), (4), (5), (7), and (8), respectively, and indenting appropriately;CommentsClose CommentsPermalink
(3) in paragraph (7) (as redesignated by paragraph (2)), by designating paragraphs (1), (2), and (3) as subparagraphs (A), (B), and (C), respectively;CommentsClose CommentsPermalink
(4) in paragraph (8) (as redesignated by paragraph (2)), by striking `subdivision (a), (b), (c), (d), or (e)' and inserting `paragraph (1), (2), (3), (4), (5), or (6)';CommentsClose CommentsPermalink
(5) in each of paragraphs (1), (2), (3), (4), (5), (7), and (8) (as redesignated by paragraph (2)), by striking the first capital letter of the first word in the paragraph and inserting the same letter in the lower case;CommentsClose CommentsPermalink
(6) in each of paragraphs (1) through (5) (as redesignated by paragraph (2)), by striking `or' at the end; andCommentsClose CommentsPermalink
(7) by inserting after paragraph (5) (as redesignated by paragraph (2)) the following:CommentsClose CommentsPermalink
`(6) use, in effectuating any sale of livestock, a forward contract that--CommentsClose CommentsPermalink
`(A) does not contain a firm base price that may be equated to a fixed dollar amount on the day on which the forward contract is entered into;CommentsClose CommentsPermalink
`(B) is not offered for bid in an open, public manner under which--CommentsClose CommentsPermalink
`(i) buyers and sellers have the opportunity to participate in the bid;CommentsClose CommentsPermalink
`(ii) more than 1 blind bid is solicited; andCommentsClose CommentsPermalink
`(iii) buyers and sellers may witness bids that are made and accepted;CommentsClose CommentsPermalink
`(C) is based on a formula price; orCommentsClose CommentsPermalink
`(D) provides for the sale of livestock in a quantity in excess of--CommentsClose CommentsPermalink
`(i) in the case of cattle, 40 cattle;CommentsClose CommentsPermalink
`(ii) in the case of swine, 30 swine; andCommentsClose CommentsPermalink
`(iii) in the case of other types of livestock, a comparable quantity of the type of livestock determined by the Secretary.'.CommentsClose CommentsPermalink
(b) Definitions- Section 2(a) of the Packers and Stockyards Act, 1921 (
`(15) FORMULA PRICE-CommentsClose CommentsPermalink
`(A) IN GENERAL- The term `formula price' means any price term that establishes a base from which a purchase price is calculated on the basis of a price that will not be determined or reported until a date after the day the forward price is established.CommentsClose CommentsPermalink
`(B) EXCLUSION- The term `formula price' does not include--CommentsClose CommentsPermalink
`(i) any price term that establishes a base from which a purchase price is calculated on the basis of a futures market price; orCommentsClose CommentsPermalink
`(ii) any adjustment to the base for quality, grade, or other factors relating to the value of livestock or livestock products that are readily verifiable market factors and are outside the control of the packer.CommentsClose CommentsPermalink
`(16) FORWARD CONTRACT- The term `forward contract' means an oral or written contract for the purchase of livestock that provides for the delivery of the livestock to a packer at a date that is more than 7 days after the date on which the contract is entered into, without regard to whether the contract is for--CommentsClose CommentsPermalink
`(A) a specified lot of livestock; orCommentsClose CommentsPermalink
`(B) a specified number of livestock over a certain period of time.'.CommentsClose CommentsPermalink
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U.S. Congress - Text of S.1017 as Introduced in Senate Captive Supply Reform Act



