II
Calendar No. 436
117th CONGRESS
2d Session
S. 3870
IN THE SENATE OF THE UNITED STATES
March 17, 2022
Mr. Tester (for himself, Mr. Grassley, Mr. Rounds, Mr. Booker, Mr. Daines, Mr. Hoeven, Mr. Thune, Mr. Heinrich, Mr. Blumenthal, Ms. Klobuchar, Ms. Stabenow, Mr. Wyden, and Mrs. Hyde-Smith) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry
July 11, 2022
Reported by Ms. Stabenow, with amendments
Omit the part struck through and insert the part printed in italic
A BILL
To establish the Office of the Special Investigator for Competition Matters within the Department of Agriculture.
Short title
This Act may be cited as the Meat and Poultry Special Investigator Act of 2022
.
Office of the Special Investigator for Competition Matters
In general
The Department of Agriculture Reorganization Act of 1994 is amended by inserting after section 216 (7 U.S.C. 6916) the following:
Office of the Special Investigator for Competition Matters
Establishment
There is established in the Department an office, to be known as the Office of the Special Investigator for Competition Matters
(referred to in this section as the Office).
Special investigator for competition matters
The Office shall be headed by the Special Investigator for Competition Matters (referred to in this section as the Special Investigator), who shall be a senior career employee appointed by the Secretary.
Duties
The Special Investigator shall—
use all available tools, including subpoenas, to investigate and prosecute violations of the Packers and Stockyards Act, 1921 (7 U.S.C. 181 et seq.), by packers and live poultry dealers with respect to competition and trade practices in the food and agriculture sector;
serve as a Department liaison to, and act in consultation with, the Department of Justice and the Federal Trade Commission with respect to competition and trade practices in the food and agricultural sector;
act in consultation with the Department of Homeland Security with respect to national security and critical infrastructure security in the food and agricultural sector; and
maintain a staff of attorneys and other professionals with appropriate expertise.expertise; and
in carrying out paragraphs (1) through (4), coordinate with the Office of the General Counsel and the Packers and Stockyards Division of the Agricultural Marketing Service.
Prosecutorial authority
In general
Notwithstanding title 28, United States Code, the Special Investigator shall have the authority to bring any civil or administrative action authorized under the Packers and Stockyards Act, 1921 (7 U.S.C. 181 et seq.), against a packer.packer or a live poultry dealer.
Notification
With respect to any action brought under this section in Federal district court, the Special Investigator shall notify the Attorney General.
Effect
Nothing in this section alters the authority of the Secretary to issue a subpoena pursuant to the Packers and Stockyards Act, 1921 (7 U.S.C. 181 et seq.).”. (7 U.S.C. 181 et seq.).
Limitation on scope
The Special Investigator may not bring an action under this section with respect to an entity that is not regulated under the Packers and Stockyards Act, 1921 (7 U.S.C. 181 et seq.).
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Conforming amendment
Section 296(b) of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 7014(b)) is amended by adding at the end the following:
The authority of the Secretary to carry out section 217.
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Technical amendment
Subtitle A of the Department of Agriculture Reorganization Act of 1994 is amended by redesignating the first section 225 (relating to Food Access Liaison) (7 U.S.C. 6925) as section 224A.
July 11, 2022
Reported with amendments