II 

Calendar No. 436 

117TH CONGRESS 

2D SESSION S. 3870 

To establish the Office of the Special Investigator for Competition Matters 

within the Department of Agriculture. 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Meat and Poultry Spe5 cial Investigator Act of 2022’’. 


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•S 3870 RS

1 SEC. 2. OFFICE OF THE SPECIAL INVESTIGATOR FOR COM2 PETITION MATTERS. 

3 (a) IN GENERAL.—The Department of Agriculture 

4 Reorganization Act of 1994 is amended by inserting after 

5 section 216 (7 U.S.C. 6916) the following: 

6 ‘‘SEC. 217. OFFICE OF THE SPECIAL INVESTIGATOR FOR 

7 COMPETITION MATTERS. 

8 ‘‘(a) ESTABLISHMENT.—There is established in the 

9 Department an office, to be known as the ‘Office of the 

10 Special Investigator for Competition Matters’ (referred to 

11 in this section as the ‘Office’). 

12 ‘‘(b) SPECIAL INVESTIGATOR FOR COMPETITION

13 MATTERS.—The Office shall be headed by the Special In14 vestigator for Competition Matters (referred to in this sec15 tion as the ‘Special Investigator’), who shall be a senior 

16 career employee appointed by the Secretary. 

17 ‘‘(c) DUTIES.—The Special Investigator shall— 

18 ‘‘(1) use all available tools, including subpoenas, 

19 to investigate and prosecute violations of the Pack20 ers and Stockyards Act, 1921 (7 U.S.C. 181 et 

21 seq.), by packers and live poultry dealers with re22 spect to competition and trade practices in the food 

23 and agriculture sector; 

24 ‘‘(2) serve as a Department liaison to, and act 

25 in consultation with, the Department of Justice and 

26 the Federal Trade Commission with respect to comVerDate Sep 11 2014 23:13 Jul 11, 2022 Jkt 029200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S3870.RS S3870

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•S 3870 RS

1 petition and trade practices in the food and agricul2 tural sector; 

3 ‘‘(3) act in consultation with the Department of 

4 Homeland Security with respect to national security 

5 and critical infrastructure security in the food and 

6 agricultural sector; and 

7 ‘‘(4) maintain a staff of attorneys and other 

8 professionals with appropriate expertise. expertise; 

9 and 

10 ‘‘(5) in carrying out paragraphs (1) through (4), 

11 coordinate with the Office of the General Counsel and 

12 the Packers and Stockyards Division of the Agricul13 tural Marketing Service. 

14 ‘‘(d) PROSECUTORIAL AUTHORITY.— 

15 ‘‘(1) IN GENERAL.—Notwithstanding title 28, 

16 United States Code, the Special Investigator shall 

17 have the authority to bring any civil or administra18 tive action authorized under the Packers and Stock19 yards Act, 1921 (7 U.S.C. 181 et seq.), against a 

20 packer. packer or a live poultry dealer. 

21 ‘‘(2) NOTIFICATION.—With respect to any action 

22 brought under this section in Federal district court, 

23 the Special Investigator shall notify the Attorney 

24 General. 


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•S 3870 RS

1 ‘‘(2)(3) EFFECT.—Nothing in this section alters 

2 the authority of the Secretary to issue a subpoena 

3 pursuant to the Packers and Stockyards Act, 1921 

4 (7 U.S.C. 181 et seq.).’’. (7 U.S.C. 181 et seq.). 

5 ‘‘(e) LIMITATION ON SCOPE.—The Special Investigator 

6 may not bring an action under this section with respect 

7 to an entity that is not regulated under the Packers and 

8 Stockyards Act, 1921 (7 U.S.C. 181 et seq.).’’. 

9 (b) CONFORMING AMENDMENT.—Section 296(b) of 

10 the Department of Agriculture Reorganization Act of 

11 1994 (7 U.S.C. 7014(b)) is amended by adding at the end 

12 the following: 

13 ‘‘(11) The authority of the Secretary to carry 

14 out section 217.’’. 

15 (c) TECHNICAL AMENDMENT.—Subtitle A of the De16 partment of Agriculture Reorganization Act of 1994 is 

17 amended by redesignating the first section 225 (relating 

18 to Food Access Liaison) (7 U.S.C. 6925) as section 224A. 


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Calendar No. 436 

117TH CONGRESS 

2D SESSION S. 3870 

A BILL 

To establish the Office of the Special Investigator 

of Agriculture. for Competition Matters within the Department 

JULY 11, 2022 

Reported with amendments 


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