II 

117TH CONGRESS 

2D SESSION S. 4245 

To impose a moratorium on large agribusiness, food and beverage 

manufacturing, and grocery retail mergers. 

IN THE SENATE OF THE UNITED STATES 

MAY 18 (legislative day, MAY 17), 2022 

Mr. BOOKER (for himself, Mr. TESTER, Mr. MERKLEY, and Ms. WARREN) introduced the following bill; which was read twice and referred to the Committee on the Judiciary 

A BILL 

To impose a moratorium on large agribusiness, food and 

beverage manufacturing, and grocery retail mergers. 

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 ‘‘Food and Agribusiness 

5 Merger Moratorium and Antitrust Review Act of 2022’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 

8 (1) Concentration in the food and agricultural 

9 economy, including mergers, acquisitions, and other 

10 combinations and alliances among suppliers, packVerDate Sep 11 2014 02:05 May 20, 2022 Jkt 000000 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S4245.IS S4245

pbinns on DSKJLVW7X2PROD with $$_JOB
2 

•S 4245 IS

1 ers, integrators, other food processors, distributors, 

2 and retailers has been accelerating at a rapid pace 

3 since the 1980s, and particularly since the 2007 

4 through 2009 recession. 

5 (2) The trend toward greater concentration in 

6 food and agriculture has important and far reaching 

7 implications not only for family farmers, but also for 

8 food chain workers, the food we eat, the commu9 nities we live in, the integrity of the natural environ10 ment upon which we all depend, and for our collec11 tive public health. 

12 (3) The infant formula industry, for example, 

13 has reached an alarming level of corporate con14 centration with 4 companies now controlling nearly 

15 90 percent of the infant formula market. A disrup16 tion in the supply of just 1 infant formula producer 

17 now presents a grave risk to infant health in the 

18 United States. 

19 (4) In the past 4 decades, the top 4 largest 

20 pork packers have seized control of 70 percent of the 

21 market, up from 36 percent. Over the same period, 

22 the top 4 beef packers have expanded their market 

23 share from 32 percent to 85 percent. The top 4 flour 

24 millers have increased their market share from 40 

25 percent to 64 percent. The market share of the top 


pbinns on DSKJLVW7X2PROD with $$_JOB
3 

•S 4245 IS

1 4 soybean crushers has jumped from 54 percent to 

2 79 percent, and the top 4 wet corn processors con3 trol of the market has increased from 63 percent to 

4 86 percent. 

5 (5) Today the top 4 sheep, poultry, and fluid 

6 milk processors now control 62 percent, 54 percent, 

7 and 50 percent of the market, respectively. 

8 (6) The top 4 grain companies today control as 

9 much as 90 percent of the global grain trade. 

10 (7) During the past 5 years there has been a 

11 wave of consolidation among global seed and cropchemical firms, 3 companies now control nearly 2 12 ⁄3

13 of the world’s commodity crop seeds. Those same 3 

14 companies now also control nearly 70 percent of all 

15 agricultural chemicals and pesticides. 

16 (8) In the United States, the 4 largest corn 

17 seed sellers accounted for 85 percent of the market 

18 in 2015, up from 60 percent in 2000. Over the past 

19 20 years, the cost for an acre’s worth of seeds for 

20 an average corn farmer has nearly quadrupled, and 

21 the cost of fertilizer has more than doubled. Yet 

22 corn yields increased only 36 percent over that time, 

23 and the price received for the sale of a bushel of 

24 corn increased only 31 percent. 


pbinns on DSKJLVW7X2PROD with $$_JOB
4 

•S 4245 IS

1 (9) A handful of firms dominate the processing 

2 of every major commodity. Many of them are 

3 vertically integrated, which means that they control 

4 successive stages of the food chain, from inputs to 

5 production to distribution. The growing number and 

6 scale of cross-border agribusiness and food mergers 

7 have put foreign firms, often with considerable gov8 ernment backing, into prominent and even dominant 

9 positions in the United States beef, hog, poultry, 

10 seed, fertilizer, and agrichemical sectors. 

11 (10) Growing concentration of the agricultural 

12 sector has restricted choices for farmers trying to 

13 sell their products. As the bargaining power of agri14 business firms over farmers increases, concentrated 

15 agricultural commodity markets are stacked against 

16 the farmer, with buyers of agricultural commodities 

17 often possessing regional dominance in the form of 

18 oligopsony or monopsony relative to sellers of such 

19 commodities. 

20 (11) The high concentration and consolidation 

21 of buyers in agricultural markets has resulted in the 

22 thinning of both cash and future markets, thereby 

23 allowing dominant buyers to leverage their market 

24 shares to move those markets to the detriment of 

25 family farmers and ranchers. 


pbinns on DSKJLVW7X2PROD with $$_JOB
5 

•S 4245 IS

1 (12) Buyers with oligopsonistic or 

2 monopsonistic power have incentives to engage in 

3 unfair and discriminatory acts that cause farmers to 

4 receive less than a competitive price for their goods. 

5 At the same time, some Federal courts have incor6 rectly required a plaintiff to show harm to competi7 tion generally, in addition to harm to the individual 

8 farmer, when making a determination that an un9 fair, unjustly discriminatory, deceptive, or pref10 erential act exists under the Packers and Stockyards 

11 Act of 1921. 

12 (13) The farmer’s share of every retail dollar 

13 has plummeted from 41 percent in 1950, to less 

14 than 15 percent today, while the profit share for 

15 farm input, marketing, and processing companies 

16 has risen. 

17 (14) While agribusiness conglomerates are post18 ing record earnings, farmers are facing desperate 

19 times. Since 2013, net farm income for United 

20 States farmers has fallen by more than half and me21 dian on farm income was negative in 2020. 

22 (15) The benefits of low commodity prices are 

23 not being passed on to American consumers. The 

24 gap between what shoppers pay for food and what 

25 farmers are paid is growing wider. 


pbinns on DSKJLVW7X2PROD with $$_JOB
6 

•S 4245 IS

1 (16) The steadily rising price of food has out2 paced growth in incomes for typical workers. Since 

3 the Great Recession, the annual growth of real 

4 prices for food at the supermarket have risen nearly 

5 3 times faster than typical earnings. 

6 (17) There is a growing consensus that eco7 nomic consolidation contributes to the widening gap 

8 in economic opportunity in the United States and 

9 bigger, more dominant firms are more likely to de10 liver profits to investors than to raise wages or bene11 fits. Mega-mergers in the food and agribusiness in12 dustries can lead to growing monopsony power abuse 

13 resulting in wage suppression, along with massive 

14 layoffs as companies shutter factories and facilities, 

15 harming working families and communities. 

16 (18) Concentration, low prices, anticompetitive 

17 practices, and other manipulations and abuses of the 

18 agricultural economy are driving small family farm19 ers out of business. Farmers are going bankrupt or 

20 giving up, and few are taking their places; more 

21 farm families are having to rely on other jobs to stay 

22 afloat. Seventy-nine percent of farm household in23 come came from off farm work in 2020, up from 53 

24 percent in 1960. 


pbinns on DSKJLVW7X2PROD with $$_JOB
7 

•S 4245 IS

1 (19) Eighty-one percent of America’s farmed 

2 cropland is now controlled by 15 percent of farms, 

3 and the number of farmers leaving the land will con4 tinue to increase unless and until these trends are 

5 reversed. 

6 (20) The decline of small family farms under7 mines the economies of rural communities across 

8 America; it has pushed Main Street businesses, from 

9 equipment suppliers to small banks, out of business 

10 or to the brink of insolvency. 

11 (21) Increased concentration in the agribusiness 

12 sector has a harmful effect on the environment; cor13 porate hog farming, for example, threatens the in14 tegrity of local water supplies and creates noxious 

15 odors in neighboring communities. Concentration 

16 also can increase the risks to food safety and limit 

17 the biodiversity of plants and animals. 

18 (22) The decline of family farming poses a di19 rect threat to American families and family values, 

20 by subjecting farm families to turmoil and stress. 

21 Farm advocates across the country are reporting an 

22 increase in farmer suicides over the past several 

23 years. 

24 (23) The decline of family farming causes the 

25 demise of rural communities, as stores lose cusVerDate Sep 11 2014 02:05 May 20, 2022 Jkt 000000 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S4245.IS S4245

pbinns on DSKJLVW7X2PROD with $$_JOB
8 

•S 4245 IS

1 tomers, churches lose congregations, schools and 

2 clinics become under-used, career opportunities for 

3 young people dry up, and local inequalities of wealth 

4 and income grow wider. 

5 (24) These developments are not the result of 

6 inevitable market forces. Its problems arise rather 

7 from policies made in Washington, including farm, 

8 antitrust, and trade policies. 

9 (25) Past congressional action to remediate 

10 market failure, such as enacting country-of-origin la11 beling to provide transparency for domestic farmers, 

12 ranchers, and consumers regarding agricultural com13 modity origins, have been overturned for key com14 modities by oligopolistic conglomerates that use un15 differentiated imports to reduce domestic farm 

16 prices. 

17 (26) To restore competition in the agricultural 

18 economy, and to increase the bargaining power and 

19 enhance economic prospects for family farmers, the 

20 trend toward concentration must be reversed. 

21 SEC. 3. DEFINITIONS. 

22 In this Act: 

23 (1) AGRICULTURAL INPUT SUPPLIER.—The 

24 term ‘‘agricultural input supplier’’ means any person 

25 (excluding agricultural cooperatives) engaged in the 


pbinns on DSKJLVW7X2PROD with $$_JOB
9 

•S 4245 IS

1 business of selling, in interstate or foreign com2 merce, any product to be used as an input (including 

3 seed, germ plasm, hormones, antibiotics, fertilizer, 

4 and chemicals, but excluding farm machinery) for 

5 the production of any agricultural commodity, except 

6 that no person shall be considered an agricultural 

7 input supplier if sales of such products are for a 

8 value less than $10,000,000 per year. 

9 (2) BROKER.—The term ‘‘broker’’ means any 

10 person engaged in the business of negotiating sales 

11 and purchases of any agricultural commodity in 

12 interstate or foreign commerce for or on behalf of 

13 the vendor or the purchaser, except that no person 

14 shall be considered a broker if the only sales of such 

15 commodities are for a value less than $10,000,000 

16 per year. 

17 (3) COMMISSION MERCHANT.—The term ‘‘com18 mission merchant’’ means any person engaged in the 

19 business of receiving in interstate or foreign com20 merce any agricultural commodity for sale, on com21 mission, or for or on behalf of another, except that 

22 no person shall be considered a commission mer23 chant if the only sales of such commodities are for 

24 a value less than $10,000,000 per year. 


pbinns on DSKJLVW7X2PROD with $$_JOB
10 

•S 4245 IS

1 (4) DEALER.—The term ‘‘dealer’’ means any 

2 person (excluding agricultural cooperatives) engaged 

3 in the business of buying, selling, or marketing agri4 cultural commodities in interstate or foreign com5 merce, except that— 

6 (A) no person shall be considered a dealer 

7 with respect to sales or marketing of any agri8 cultural commodity of that person’s own rais9 ing; and 

10 (B) no person shall be considered a dealer 

11 if the only sales of such commodities are for a 

12 value less than $10,000,000 per year. 

13 (5) INTEGRATOR.—The term ‘‘integrator’’ 

14 means an entity that contracts with farmers for 

15 grower services to raise chickens or hogs to slaugh16 ter size and weight. The integrator owns the chick17 ens or hogs, supplies the feed, slaughters, and fur18 ther processes the poultry or pork. 

19 (6) PROCESSOR.—The term ‘‘processor’’ means 

20 any person (excluding agricultural cooperatives) en21 gaged in the business of handling, preparing, or 

22 manufacturing (including slaughtering and food and 

23 beverage manufacturing) of an agricultural com24 modity, or the products of such agricultural com25 modity, for sale or marketing for human consumpVerDate Sep 11 2014 02:05 May 20, 2022 Jkt 000000 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S4245.IS S4245

pbinns on DSKJLVW7X2PROD with $$_JOB
11 

•S 4245 IS

1 tion, except that no person shall be considered a 

2 processor if the only sales of such products are for 

3 a value less than $10,000,000 per year. 

4 (7) RETAILER.—The term ‘‘retailer’’ means any 

5 person (excluding agricultural cooperatives, coopera6 tive retailers, and cooperative distributers) licensed 

7 as a retailer under the Perishable Agriculture Com8 modities Act of 1930 (7 U.S.C. 499a(b)), except 

9 that no person shall be considered a retailer if the 

10 only sales of such products are for a value less than 

11 $10,000,000 per year. 

12 TITLE I—MORATORIUM ON 

13 LARGE AGRIBUSINESS, FOOD 

14 AND BEVERAGE MANUFAC15 TURING, AND GROCERY RE16 TAIL MERGERS 

17 SEC. 101. MORATORIUM ON LARGE AGRIBUSINESS, FOOD 

18 AND BEVERAGE MANUFACTURING, AND GRO19 CERY RETAIL MERGERS. 

20 (a) IN GENERAL.— 

21 (1) MORATORIUM.—Until the date referred to 

22 in paragraph (2) and except as provided in sub23 section (b)— 

24 (A) no dealer, processor, commission mer25 chant, agricultural input supplier, broker, or 


pbinns on DSKJLVW7X2PROD with $$_JOB
12 

•S 4245 IS

1 operator of a warehouse of agricultural com2 modities or retailer with annual net sales or 

3 total assets of more than $160,000,000 shall 

4 merge or acquire, directly or indirectly, any vot5 ing securities or assets of any other dealer, 

6 processor, commission merchant, agricultural 

7 input supplier, broker, or operator of a ware8 house of agricultural commodities or retailer 

9 with annual net sales or total assets of more 

10 than $16,000,000; and 

11 (B) no dealer, processor, commission mer12 chant, agricultural input supplier, broker, or 

13 operator of a warehouse of agricultural com14 modities or retailer with annual net sales or 

15 total assets of more than $16,000,000 shall 

16 merge or acquire, directly or indirectly, any vot17 ing securities or assets of any other dealer, 

18 processor, commission merchant, agricultural 

19 input supplier, broker, or operator of a ware20 house of agricultural commodities or retailer 

21 with annual net sales or total assets of more 

22 than $160,000,000 if the acquiring person 

23 would hold— 


pbinns on DSKJLVW7X2PROD with $$_JOB
13 

•S 4245 IS

1 (i) 15 percent or more of the voting 

2 securities or assets of the acquired person; 

3 or 

4 (ii) an aggregate total amount of the 

5 voting securities and assets of the acquired 

6 person in excess of $15,000,000. 

7 (2) DATE.—The date referred to in this para8 graph is the effective date of comprehensive legisla9 tion— 

10 (A) addressing the problem of market con11 centration in the food and agricultural sector; 

12 and 

13 (B) containing a section stating that the 

14 legislation is comprehensive legislation as pro15 vided in section 101 of the Food and Agri16 business Merger Moratorium and Antitrust Re17 view Act of 2019; or 

18 (b) WAIVER AUTHORITY.—The Attorney General 

19 shall have authority to waive the moratorium imposed by 

20 subsection (a) only under extraordinary circumstances, 

21 such as insolvency or similar financial distress of 1 of the 

22 affected parties. 

23 (c) EXEMPTIONS.—The classes of transactions de24 scribed in section 7A(c) of the Clayton Act (15 U.S.C. 

25 18a(c)) are exempt from subsection (a). 


pbinns on DSKJLVW7X2PROD with $$_JOB
14 

•S 4245 IS

1 (d) AVOIDANCE.—Any transaction or other device en2 tered into or employed for the purpose of avoiding the 

3 moratorium contained in subsection (a) shall be dis4 regarded, and the application of the moratorium shall be 

5 determined by applying subsection (a) to the substance of 

6 the transaction. 

7 (e) RULEMAKING.—The Attorney General shall pro8 mulgate regulations that the Attorney General determines 

9 are necessary to implement this section. 

10 TITLE II—AGRICULTURE CON11 CENTRATION AND MARKET 

12 POWER REVIEW COMMISSION 

13 SEC. 201. ESTABLISHMENT OF COMMISSION. 

14 (a) ESTABLISHMENT.—There is established a com15 mission to be known as the Food and Agriculture Con16 centration and Market Power Review Commission (here17 after in this title referred to as the ‘‘Commission’’). 

18 (b) PURPOSES.—The purpose of the Commission is 

19 to— 

20 (1) study the nature and consequences of con21 centration in America’s food and agricultural econ22 omy; and 

23 (2) make recommendations on how to change 

24 underlying antitrust laws and other Federal laws 

25 and regulations to keep a fair and competitive agriVerDate Sep 11 2014 02:05 May 20, 2022 Jkt 000000 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\S4245.IS S4245

pbinns on DSKJLVW7X2PROD with $$_JOB
15 

•S 4245 IS

1 culture marketplace for family farmers, other small 

2 and medium sized agriculture producers, generally, 

3 and the communities of which they are a part. 

4 (c) MEMBERSHIP OF COMMISSION.— 

5 (1) COMPOSITION.—The Commission shall be 

6 composed of 12 members as follows: 

7 (A) Three persons, 1 of whom shall be a 

8 person currently engaged in farming or ranch9 ing, shall be appointed by the President pro 

10 tempore of the Senate upon the recommenda11 tion of the Majority Leader of the Senate, after 

12 consultation with the Chairs of the Committee 

13 on Agriculture, Nutrition, and Forestry and of 

14 the Committee on the Judiciary. 

15 (B) Three persons, 1 of whom shall be a 

16 person currently engaged in farming or ranch17 ing, shall be appointed by the President pro 

18 tempore of the Senate upon the recommenda19 tion of the Minority Leader of the Senate, after 

20 consultation with the ranking minority member 

21 of the Committee on Agriculture, Nutrition, 

22 and Forestry and of the Committee on the Ju23 diciary. 

24 (C) Three persons, 1 of whom shall be a 

25 person currently engaged in farming or ranchVerDate Sep 11 2014 02:05 May 20, 2022 Jkt 000000 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\S4245.IS S4245

pbinns on DSKJLVW7X2PROD with $$_JOB
16 

•S 4245 IS

1 ing and 1 of whom shall be a representative of 

2 organized labor, shall be appointed by the 

3 Speaker of the House of Representatives, after 

4 consultation with the Chairs of the Committee 

5 on Agriculture and of the Committee on the Ju6 diciary. 

7 (D) Three persons, 1 of whom shall be a 

8 person currently engaged in farming or ranch9 ing, shall be appointed by the Minority Leader 

10 of the House of Representatives, after consulta11 tion with the ranking minority member of the 

12 Committee on Agriculture, Nutrition, and For13 estry and of the Committee on the Judiciary. 

14 (2) QUALIFICATIONS OF MEMBERS.— 

15 (A) APPOINTMENTS.—Persons who are ap16 pointed under paragraph (1) shall be persons 

17 who— 

18 (i) have experience in farming or 

19 ranching, expertise in agricultural econom20 ics and antitrust, or have other pertinent 

21 qualifications or experience relating to ag22 riculture and food and agriculture indus23 tries; and 

24 (ii) are not officers or employees of 

25 the United States. 


pbinns on DSKJLVW7X2PROD with $$_JOB
17 

•S 4245 IS

1 (B) OTHER CONSIDERATION.—In appoint2 ing Commission members, every effort shall be 

3 made to ensure that the members— 

4 (i) are representative of a broad cross 

5 sector of agriculture and antitrust perspec6 tives within the United States; and 

7 (ii) provide fresh insights to analyzing 

8 the causes and impacts of concentration in 

9 agriculture industries and sectors. 

10 (d) PERIOD OF APPOINTMENT; VACANCIES.— 

11 (1) IN GENERAL.—Members shall be appointed 

12 not later than 60 days after the date of enactment 

13 of this Act and the appointment shall be for the life 

14 of the Commission. 

15 (2) VACANCIES.—Any vacancy in the Commis16 sion shall not affect its powers, but shall be filled in 

17 the same manner as the original appointment. 

18 (e) INITIAL MEETING.—Not later than 30 days after 

19 the date on which all members of the Commission have 

20 been appointed, the Commission shall hold its first meet21 ing. 

22 (f) MEETINGS.—The Commission shall meet at the 

23 call of the Chairperson. 

24 (g) CHAIRPERSON AND VICE CHAIRPERSON.—The 

25 members of the Commission shall elect a chairperson and 


pbinns on DSKJLVW7X2PROD with $$_JOB
18 

•S 4245 IS

1 vice chairperson from among the members of the Commis2 sion. 

3 (h) QUORUM.—A majority of the members of the 

4 Commission shall constitute a quorum for the transaction 

5 of business. 

6 (i) VOTING.—Each member of the Commission shall 

7 be entitled to 1 vote, which shall be equal to the vote of 

8 every other member of the Commission. 

9 SEC. 202. DUTIES OF THE COMMISSION. 

10 (a) IN GENERAL.—The Commission shall be respon11 sible for examining the nature, the causes, and con12 sequences concentration in America’s agricultural econ13 omy in the broadest possible terms. 

14 (b) ISSUES TO BE ADDRESSED.—The study shall in15 clude an examination of the following matters: 

16 (1) The nature and extent of concentration in 

17 the food and agricultural sector, including food pro18 duction, manufacturing, transportation, processing, 

19 distribution, marketing, retailing, and farm inputs 

20 such as machinery, fertilizer, and seeds. 

21 (2) Current trends in concentration of the food 

22 and agricultural sector and what this sector is likely 

23 to look like in the near and longer term future. 


pbinns on DSKJLVW7X2PROD with $$_JOB
19 

•S 4245 IS

1 (3) The effects of rising concentration on sup2 pliers, workers and farmers, including independent 

3 and contract farmers, with respect to— 

4 (A) competition in markets for their prod5 ucts and services; 

6 (B) income and benefit levels; 

7 (C) income distribution; 

8 (D) income volatility; 

9 (E) other material benefits; and 

10 (F) wages and benefits of employees. 

11 (4) The impacts of this concentration upon 

12 rural communities, rural economic development, and 

13 the natural environment. 

14 (5) The impacts of concentration in the seed in15 dustry on genetic diversity in farm fields and any re16 lated impacts on food security. 

17 (6) The impacts of this concentration upon food 

18 shoppers, including the reasons that low farm prices 

19 have not resulted in corresponding drops in super20 market prices. 

21 (7) Whether farming is approaching a scale 

22 that is larger than necessary from the standpoint of 

23 productivity. 


pbinns on DSKJLVW7X2PROD with $$_JOB
20 

•S 4245 IS

1 (8) The effect of current laws and administra2 tive practices in supporting and encouraging this 

3 concentration. 

4 (9) Whether the existing antitrust laws provide 

5 adequate safeguards against, and remedies for, the 

6 impacts of concentration upon family farms, the 

7 communities they comprise, and the food shoppers of 

8 this Nation. 

9 (10) Accurate and reliable data on the national 

10 and international markets shares of multinational 

11 agribusinesses, and the portion of their sales attrib12 utable to exports. 

13 (11) Barriers that inhibit entry of new competi14 tors into markets for the processing of agricultural 

15 commodities, such as the meat packing industry. 

16 (12) The extent to which developments, such as 

17 packer ownership of livestock, formula pricing, mar18 keting agreements, production contracting, forward 

19 contracting, and vertical integration tend to give 

20 processors, agribusinesses, integrators, and other 

21 buyers of agricultural commodities additional market 

22 power over farmers and suppliers in local markets. 

23 (13) The extent to which mergers cause wage 

24 suppression, layoffs, or reduced benefits to workers 

25 in the food and agricultural sector. 


pbinns on DSKJLVW7X2PROD with $$_JOB
21 

•S 4245 IS

1 (14) Such related matters as the Commission 

2 determines to be important. 

3 SEC. 203. FINAL REPORT. 

4 (a) IN GENERAL.—Not later than 12 months after 

5 the date of the initial meeting of the Commission, the 

6 Commission shall submit to the President and Congress 

7 a final report which contains— 

8 (1) the findings and conclusions of the Commis9 sion described in section 202; and 

10 (2) recommendations for addressing the prob11 lems identified as part of the Commission’s analysis. 

12 (b) SEPARATE VIEWS.—Any member of the Commis13 sion may submit additional findings and recommendations 

14 as part of the final report. 

15 SEC. 204. POWERS OF COMMISSION. 

16 (a) HEARINGS.—The Commission may hold such 

17 hearings, sit and act at such times and places, take such 

18 testimony, and receive such evidence as the Commission 

19 may find advisable to fulfill the requirements of this title. 

20 The Commission shall hold at least 1 or more hearings 

21 in Washington, DC, and 4 in different agriculture regions 

22 of the United States. 

23 (b) INFORMATION FROM FEDERAL AGENCIES.—The 

24 Commission may secure directly from any Federal depart25 ment or agency such information as the Commission conVerDate Sep 11 2014 02:05 May 20, 2022 Jkt 000000 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\S4245.IS S4245

pbinns on DSKJLVW7X2PROD with $$_JOB
22 

•S 4245 IS

1 siders necessary to carry out the provisions of this title. 

2 Upon request of the Chairperson of the Commission, the 

3 head of such department or agency shall furnish such in4 formation to the Commission. 

5 (c) POSTAL SERVICES.—The Commission may use 

6 the United States mails in the same manner and under 

7 the same conditions as other departments and agencies of 

8 the Federal Government. 

9 SEC. 205. COMMISSION PERSONNEL MATTERS. 

10 (a) COMPENSATION OF MEMBERS.—Each member of 

11 the Commission shall be compensated at a rate equal to 

12 the daily equivalent of the annual rate of basic pay pre13 scribed for level IV of the Executive Schedule under sec14 tion 5315 of title 5, United States Code, for each day (in15 cluding travel time) during which such member is engaged 

16 in the performance of the duties of the Commission. 

17 (b) TRAVEL EXPENSES.—The members of the Com18 mission shall be allowed travel expenses, including per 

19 diem in lieu of subsistence, at rates authorized for employ20 ees of agencies under subchapter I of chapter 57 of title 

21 5, United States Code, while away from their homes or 

22 regular places of business in the performance of services 

23 for the Commission. 

24 (c) STAFF.— 


pbinns on DSKJLVW7X2PROD with $$_JOB
23 

•S 4245 IS

1 (1) IN GENERAL.—The Chairperson of the 

2 Commission may, without regard to the civil service 

3 laws and regulations, appoint and terminate an exec4 utive director and such other additional personnel as 

5 may be necessary to enable the Commission to per6 form its duties. The employment of an executive di7 rector shall be subject to confirmation by the Com8 mission. 

9 (2) COMPENSATION.—The Chairperson of the 

10 Commission may fix the compensation of the execu11 tive director and other personnel without regard to 

12 the provisions of chapter 51 and subchapter III of 

13 chapter 53 of title 5, United States Code, relating 

14 to classification of positions and General Schedule 

15 pay rates, except that the rate of pay for the execu16 tive director and other personnel may not exceed the 

17 rate payable for level V of the Executive Schedule 

18 under section 5316 of such title. 

19 (d) DETAIL OF GOVERNMENT EMPLOYEES.—Any 

20 Federal Government employee shall be detailed to the 

21 Commission without reimbursement, and such detail shall 

22 be without interruption or loss of civil service status or 

23 privilege. 

24 (e) PROCUREMENT OF TEMPORARY AND INTERMIT25 TENT SERVICES.—The Chairperson of the Commission 


pbinns on DSKJLVW7X2PROD with $$_JOB
24 

•S 4245 IS

1 may procure temporary and intermittent services under 

2 section 3109(b) of title 5, United States Code, at rates 

3 for individuals which do not exceed the daily equivalent 

4 of the annual rate of basic pay prescribed for level V of 

5 the Executive Schedule under section 5316 of such title. 

6 SEC. 206. SUPPORT SERVICES. 

7 The Administrator of the General Services Adminis8 tration shall provide to the Commission on a reimbursable 

9 basis such administrative support services as the Commis10 sion may request. 

11 SEC. 207. AUTHORIZATION OF APPROPRIATIONS. 

12 There is authorized to be appropriated $2,000,000 to 

13 the Commission as required by this title to carry out the 

14 provisions of this title. 

Æ 


pbinns on DSKJLVW7X2PROD with $$_JOB