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.

1. Short title This Act may be cited as the Meat and Poultry Special Investigator Act of 2022 . 2. Office of the Special Investigator for Competition Matters (a) In general The Department of Agriculture Reorganization Act of 1994 is amended by inserting after section 216 ( 7 U.S.C. 6916 ) the following: 217. Office of the Special Investigator for Competition Matters (a) 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 ). (b) 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. (c) Duties The Special Investigator shall— (1) 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; (2) 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; (3) 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 (4) maintain a staff of attorneys and other professionals with appropriate expertise. expertise; and (5) 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. (d) Prosecutorial authority (1) 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. (2) Notification With respect to any action brought under this section in Federal district court, the Special Investigator shall notify the Attorney General. (2) (3) 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. ). (e) 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. ). . (b) 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: (11) The authority of the Secretary to carry out section 217. . (c) 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