117 S3870 IS: Meat and Poultry Special Investigator Act of 2022 U.S. Senate 2022-03-17 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II117th CONGRESS2d SessionS. 3870IN THE SENATE OF THE UNITED STATESMarch 17, 2022Mr. 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 ForestryA BILLTo 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 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.(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.(2)

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.).

.(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.