[House Report 117-357]
[From the U.S. Government Publishing Office]


117th Congress }                                          { Report
                        HOUSE OF REPRESENTATIVES
  2d Session   }                                          { 117-357

======================================================================
 
           MEAT AND POULTRY SPECIAL INVESTIGATOR ACT OF 2022

                                _______
                                

  June 7, 2022.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

    Mr. David Scott of Georgia, from the Committee on Agriculture, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 7606]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Agriculture, to whom was referred the bill 
(H.R. 7606) to establish the Office of the Special Investigator 
for Competition Matters within the Department of Agriculture, 
having considered the same, reports favorably thereon with an 
amendment and recommends that the bill as amended do pass.
    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Meat and Poultry Special Investigator 
Act of 2022''.

SEC. 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:

``SEC. 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;
          ``(4) maintain a staff of attorneys and other professionals 
        with appropriate expertise; and
          ``(5) in carrying out the requirements of this subsection, 
        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.
          ``(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.).
          ``(3) Notification.--With respect to any of the actions 
        brought under this subsection in Federal district court, the 
        Special Investigator shall notify the Attorney General.''.
  (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.

                           Brief Explanation

    This legislation, as reported out of Committee, creates an 
Office of the Special Investigator within the Secretary's 
office at USDA. The Special Investigator would be a senior 
career employee who is tasked with investigating and 
prosecuting violations of the Packers and Stockyards Act of 
1921 (PSA). In their role, the Investigator will lead an office 
of attorneys and other staff at USDA. The Investigator will 
also coordinate internally with other agencies and offices in 
USDA that have a role in PSA enforcement, along with the 
Department of Justice (DOJ), the Department of Homeland 
Security (DHS), and the Federal Trade Commission (FTC). The 
legislation provides USDA with civil litigation authority to 
enforce violations of the Packers and Stockyards Act of 1921. 
As amended, the Investigator must alert the Attorney General 
before pursuing civil action in Federal Court.

                    Purpose and Need for Legislation

    There has been ongoing concern from many livestock 
stakeholders about the need for stronger enforcement of the 
Packers and Stockyards Act of 1921 (PSA). This legislation 
provides USDA with an additional enforcement tool and staff 
resources to enforce the PSA in a more effective manner, 
without changing the underlying definition of what constitutes 
a violation of the PSA.
    Over the past few years, there have been allegations of 
anti-competitive behavior and several large anti-trust 
settlements from the Big Four packing companies. Providing USDA 
with additional resources will give them the ability to 
investigate possible transgressions more effectively. Giving 
USDA civil litigation authority, along with elevating 
enforcement of the PSA to the level of the Secretary's office, 
will emphasize the importance of enforcement while also 
providing the necessary tools to conduct thorough 
investigations.
    Stronger enforcement of the PSA and a high-level focus on 
competition in meat and poultry processing at USDA will 
contribute to a more competitive and fairer marketplace for 
meat and poultry producers.

      H.R. 7606, Meat and Poultry Special Investigator Act of 2022


                           SECTION-BY-SECTION

Section 1. Short title

    Section 1 provides the short title of the bill as the 
``Meat and Poultry Special Investigator Act of 2022.''

Sec. 2. Office of the Special Investigator for Competition Matters

    Section (2) inserts a new section in the Department of 
Agriculture Reorganization Act of 1994 to establish the Office 
of the Special Investigator for Competition Matters (Office) at 
USDA. It requires that the Secretary appoint a senior career 
employee to head the Office and be the Special Investigator for 
Competition Matters (Special Investigator). This section 
requires the Special Investigator to use all available tools to 
investigate and prosecute violations of the Packers and 
Stockyards Act, 1921, by packers and live poultry dealers with 
respect to competition and trade practices in the food and 
agricultural sector; serve as liaison to the Department of 
Justice and the Federal Trade Commission with respect to 
competition and trade practices in the food and agriculture 
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; 
maintain a staff of attorneys and other professionals with 
appropriate expertise; and coordinate with the Office of the 
General Counsel and the Packers and Stockyards Division of the 
Agricultural Marketing Service. This section also grants the 
Special Investigator the authority to bring any civil or 
administrative action authorized under the Packers and 
Stockyards Act, 1921, against a packer and requires that the 
Attorney General be notified of any action brought in Federal 
district court.
    Subsection (b) amends section 296(b) of the Department of 
Agriculture Reorganization Act of 1994 to ensure that the 
Secretary has the authority to establish the Office.
    Subsection (c) amends Subtitle A of the Department of 
Agriculture Reorganization Act of 1994 as a technical 
amendment.

                        Committee Consideration


                              I. HEARINGS

    The Committee on Agriculture has held three hearings in the 
117th Congress to examine issues facing the cattle industry and 
hear various perspectives on how to address industry and market 
challenges.
    On July 28, 2021, the Subcommittee on Livestock and Foreign 
Agriculture held a hearing entitled State of the Beef Supply 
Chain: Shocks, Recovery, and Rebuilding where some of the 
following witness testified on matters addressed in H.R. 7606:
           Dr. Jayson Lusk, Distinguished Professor and 
        Head of the Department of Agricultural Economics, 
        Purdue University, West Lafayette, IN
           Dr. Jennifer van de Ligt, Director, Food 
        Protection and Defense Institute, University of 
        Minnesota, St. Paul, MN
           Dr. Keri Jacobs, Associate Professor of Ag & 
        Applied Economics, Division of Applied Social Sciences, 
        College of Agriculture, Food and Natural Resources, 
        University of Missouri, Columbia, MO
           Dr. Dustin Aherin, Vice President and Rabo 
        Research Animal Protein Analyst, Rabo AgriFinance, 
        Chesterfield, MO
    In response to questions from Members of the Committee, 
witnesses discussed potential ways to increase transparency in 
the cattle markets.
    On October 7, 2021, the full Committee held a hearing 
entitled A Hearing To Review the State of the Livestock 
Industry where the following witnesses testified on some 
matters that were subsequently addressed in H.R. 7606:
    Panel 1:
           The Honorable Chuck Grassley (R), United 
        States Senator, Iowa
    Panel 2:
           The Honorable Thomas J. ``Tom'' Vilsack, 
        Secretary, U.S. Department of Agriculture
    Panel 3:
           Mr. Todd Wilkinson, Vice President, National 
        Cattlemen's Beef Association, DeSmet, SD
           Mr. Francois Leger, Owner, FPL Food, on 
        behalf of the North American Meat Institute, Augusta, 
        GA
           Mr. Scott Blubaugh, President, Oklahoma 
        Farmers Union, on behalf of National Farmers Union, 
        Tonkawa, OK
           Mr. Scott Hays, Vice President, National 
        Pork Producers Council, Monroe City, MO
           Mr. Brad Boner, Vice President, American 
        Sheep Industry Association, Glenrock, WY
    This hearing examined various aspects of the livestock 
industry, including oversight by the Packers and Stockyards 
Division at AMS.
    On April 27, 2022, the full Committee held a hearing 
entitled An Examination of Price Discrepancies, Transparency, 
and Alleged Unfair Practices in Cattle Markets where the 
following witnesses testified on matters addressed in H.R. 
7606:
    Panel 1:
           Mr. Coy Young, cow/calf producer, 
        Blythedale, MO
           Mr. Gilles Stockton, cow/calf producer, on 
        behalf of National Plains Research Council, Grass 
        Range, MT
           Mr. Don Schiefelbein, cattle producer and 
        President, National Cattlemen's Beef Association, 
        Kimball, MN
    Panel 2:
           Mr. David MacLennan, Chief Executive 
        Officer, Cargill, Inc., Wayzata, MN
           Mr. Tim Schellpeper, Chief Executive 
        Officer, JBS USA Holdings, Inc., Greeley, CO
           Mr. Tim Klein, Chief Executive Officer, 
        National Beef Packing Company, LLC, Kansas City, MO
           Mr. Donnie King, Chief Executive Officer, 
        Tyson Foods, Springdale, AR
    Witnesses discussed their views on concentration and 
competition in the livestock industry. Some witnesses expressed 
views that enforcement and oversight of the Packers and 
Stockyards Act and other anti-trust laws should be 
strengthened.

                           II. FULL COMMITTEE

    On May 17, 2022, the Committee on Agriculture met pursuant 
to notice, with a quorum present to consider H.R. 7606, To 
establish the Office of the Special Investigator for 
Competition Matters within the Department of Agriculture. 
Chairman Scott made an opening statement as did Ranking Member 
Thompson. Chairman Scott requested other Members submit their 
opening statements for the record. Without objection, H.R. 7606 
was placed before the Committee for consideration, a first 
reading of the bill was waived.
    Chairman Scott made a motion for unanimous consent to 
discharge H.R. 7606 from the Subcommittee on Livestock and 
Foreign Agriculture. The motion was adopted without objection. 
Chairman Scott recognized Ms. Spanberger, the sponsor of the 
bill, to speak on the bill. Discussion occurred.
    Chairman Scott recognized Mr. Costa to offer an amendment 
to the bill that would require the Special Investigator to be a 
senior career employee. After discussion, the amendment passed 
by voice vote. Chairman Scott recognized Mr. Panetta to offer 
an amendment to the bill that would require the Special 
Investigator to coordinate with Office of the General Council 
and the Packers and Stockyards Division while carrying out the 
requirements in the bill. It would also require the Special 
Investigator to notify the Attorney General of any actions 
filed in Federal court. After discussion, the amendment passed 
by voice vote.
    Chairman Scott recognized Mr. Rouzer to offer an amendment 
to the bill that would require the Special Investigator to 
request an economic analysis from the USDA Office of the Chief 
Economist on the costs and benefits of upcoming Packers and 
Stockyards rules and to publicly post the results of such 
analysis 90 days prior to the rules being officially proposed. 
After discussion, a voice vote was conducted. Mr. Rouzer asked 
for a recorded vote. By a roll call vote of 22 yeas and 25 
nays, the amendment failed.
    There being no further amendments, a voice vote was 
conducted. Mr. Allen asked for a recorded vote. By a roll call 
vote of 27 yeas and 21 nays, H.R. 7606, as amended, was ordered 
reported. See Roll Call No. 2.
    At the conclusion of the meeting, Chairman Scott advised 
Members that pursuant to the Rules of the House of 
Representatives, Members had until May 20, 2022, at 12:00 p.m. 
to file any supplemental, additional, dissenting, or minority 
views with the Committee. Without objection, staff was given 
permission to make any necessary technical, clarifying, or 
conforming changes to reflect the intent of the Committee. 
Chairman Scott thanked all Members and adjourned the meeting.

                            Committee Votes

    In compliance with clause 3(b) of rule XIII of the House of 
Representatives, the Committee sets forth the record of the 
following roll call votes taken with respect to H.R. 7606.

                            Roll Call No. 1

    Summary: Amendment #3, would require the Special 
Investigator to request an economic analysis from the USDA 
Office of the Chief Economist on the costs and benefits of 
upcoming Packers and Stockyards rules and to publicly post the 
results of such analysis 90 days prior to the rules being 
officially proposed.
    Offered By: Representative David Rouzer of North Carolina
    Results: Not agreed to by a recorded vote of 22 yeas, 25 
nays, and 2 not voting.
        YEAS                          NAYS
1. Mr. Thompson                     1. Mr. David Scott
2. Mr. Austin Scott                 2. Mr. McGovern
3. Mr. Crawford                     3. Ms. Adams
4. Mr. DesJarlais                   4. Ms. Spanberger
5. Mrs. Hartzler                    5. Mrs. Hayes
6. Mr. LaMalfa                      6. Ms. Brown
7. Mr. Davis                        7. Mr. Rush
8. Mr. Allen                        8. Ms. Pingree
9. Mr. Rouzer                       9. Mr. Sablan
10. Mr. Kelly                       10. Ms. Kuster
11. Mr. Bacon                       11. Mrs. Bustos
12. Mr. Johnson                     12. Mr. Maloney
13. Mr. Baird                       13. Ms. Plaskett
14. Mr. Jacobs                      14. Mr. O'Halleran
15. Mr. Balderson                   15. Mr. Carbajal
16. Mr. Cloud                       16. Mr. Khanna
17. Mr. Mann                        17. Mr. Lawson
18. Mr. Feenstra                    18. Mr. Correa
19. Mr. Miller                      19. Ms. Craig
20. Mr. Moore                       20. Mr. Harder
21. Mrs. Cammack                    21. Mrs. Axne
22. Mrs. Fischbach                  22. Ms. Schrier
                                    23. Mr. Panetta
                                    24. Mr. Bishop
                                    25. Ms. Kaptur

        NOT VOTING
1. Mr. Costa
2. Mr. Delgado

                            Roll Call No. 2

    Summary: Motion to Report H.R. 7606, as amended.
    Results: Passed by a recorded vote of 27 yeas, 21 nays, and 
1 not voting.
        YEAS                          NAYS
1. Mr. David Scott                  1. Mr. Thompson
2. Mr. McGovern                     2. Mr. Austin Scott
3. Ms. Adams                        3. Mr. Crawford
4. Ms. Spanberger                   4. Mr. DesJarlais
5. Mrs. Hayes                       5. Mrs. Hartzler
6. Mr. Delgado                      6. Mr. LaMalfa
7. Ms. Brown                        7. Mr. Davis
8. Mr. Rush                         8. Mr. Allen
9. Ms. Pingree                      9. Mr. Rouzer
10. Mr. Sablan                      10. Mr. Kelly
11. Ms. Kuster                      11. Mr. Bacon
12. Mrs. Bustos                     12. Mr. Baird
13. Mr. Maloney                     13. Mr. Jacobs
14. Ms. Plaskett                    14. Mr. Balderson
15. Mr. O'Halleran                  15. Mr. Cloud
16. Mr. Carbajal                    16. Mr. Mann
17. Mr. Khanna                      17. Mr. Feenstra
18. Mr. Lawson                      18. Mrs. Miller
19. Mr. Correa                      19. Mr. Moore
20. Ms. Craig                       20. Mrs. Cammack
21. Mr. Harder                      21. Mrs. Fischbach
22. Mrs. Axne
23. Ms. Schrier
24. Mr. Panetta
25. Mr. Bishop
26. Ms. Kaptur
27. Mr. Johnson

        NOT VOTING
1. Mr. Costa

                      Committee Oversight Findings

    In compliance with clause 3(c)(1) of rule XIII and clause 
2(b)(1) of rule X of the Rules of the House of Representatives, 
the Committee's oversight findings and recommendations are 
reflected in the descriptive portions of this report.

          Cost of Legislation and the Congressional Budget Act

    The provisions of clause 3(c)(2) of rule XIII of the Rules 
of the House of Representatives and section 308(a)(1) of the 
Congressional Budget Act of 1974 (relating to estimates of new 
budget authority, new spending authority, new credit authority, 
or increased or decreased revenues or tax expenditures) are not 
considered applicable. The estimate and comparison required to 
be prepared by the Director of the Congressional Budget Office 
under clause 3(c)(3) of rule XIII of the Rules of the House of 
Representatives and sections 402 and 423 of the Congressional 
Budget Act of 1974 submitted to the Committee prior to the 
filing of this report are as follows:

                                     U.S. Congress,
                               Congressional Budget Office,
                                      Washington, DC, June 2, 2022.
Hon. David Scott,
Chairman, Committee on Agriculture,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 7606, the Meat and 
Poultry Special Investigator Act of 2022.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Erik 
O'Donoghue.
            Sincerely,
                                         Phillip L. Swagel,
                                                          Director.
    Enclosure.

    
    

    H.R. 7606 would establish the Office of the Special 
Investigator for Competition Matters within the Department of 
Agriculture (USDA) to promote competition in the food and 
agriculture sectors. The bill also would authorize that office 
to investigate and prosecute violations of the Packers and 
Stockyards Act of 1921.
    H.R. 7606 would direct the Secretary of Agriculture to 
appoint a special investigator to head the new office and to 
serve as a liaison to the Department of Justice and the Federal 
Trade Commission. The special investigator also would consult 
with the Department of Homeland Security regarding critical 
infrastructure in the food and agricultural sector.
    For this estimate, CBO assumes that the legislation will be 
enacted late in fiscal year 2022; thus, any costs in 2022 would 
not be significant.
    Using information from the agency, CBO expects that USDA 
would hire 10 attorneys and other professionals to support the 
office at a cost of $2 million per year, though costs in 2023 
would be lower because it would take time to hire all the 
staff. CBO estimates that implementing H.R. 7606 would cost $9 
million over the 2022-2027 period; any spending would be 
subject to the availability of appropriated funds. Because the 
costs of implementing the bill are subject to future 
appropriation, CBO did not include the potential effects from 
behavioral changes (if any) that might result from actions the 
new office would undertake.
    The costs of the legislation, detailed in Table 1, fall 
within budget function 350 (agriculture).

               Table 1.--ESTIMATED INCREASES IN SPENDING SUBJECT TO APPROPRIATION UNDER H.R. 7606
----------------------------------------------------------------------------------------------------------------
                                                             By fiscal year, millions of dollars--
                                              ------------------------------------------------------------------
                                                 2022     2023     2024     2025     2026     2027    2022-2027
----------------------------------------------------------------------------------------------------------------
Estimated Authorization......................  .......        1        2        2        2        2            9
Estimated Outlays............................  .......        1        2        2        2        2            9
----------------------------------------------------------------------------------------------------------------
* = between zero and $500,000.

    The CBO staff contact for this estimate is Erik O'Donoghue. 
The estimate was reviewed by H. Samuel Papenfuss, Deputy 
Director of Budget Analysis.

                   Constitutional Authority Statement

    The Committee finds the Constitutional authority for this 
legislation in Article I, section 8, clause 18, that grants 
Congress the power to make all laws necessary and proper for 
carrying out the powers vested by Congress in the consideration 
of the United States or in any department or officer thereof.

                    Performance Goals and Objectives

    Pursuant to clause 3(c)(4) of rule XIII of the House of 
Representatives, the performance goals and objectives of this 
measure are to create an Office of the Special Investigator 
within the Secretary's office at USDA to investigate and 
prosecute violations of the Packers and Stockyards Act of 1921.

                      Advisory Committee Statement

    No advisory committee within the meaning of section 5(b) of 
the Federal Advisory Committee Act was created by this 
legislation.

                Applicability to the Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act (Public Law 
104-1).

                       Federal Mandates Statement

    The Committee adopted as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act (Public Law 104-1).

                           Earmark Statement

    This measure does not contain any congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined in 
clause 9(e), 9(f), or 9(g) of rule XXI of the House of 
Representatives.

                    Duplication of Federal Programs

    This measure does not establish or reauthorize a program of 
the Federal Government known to be duplicative of another 
Federal program, a program that was included in any report from 
Government Accountability Office to Congress pursuant to 
section 21 of Public Law 111-139, or a program related to a 
program in the most recent Catalog of Federal Domestic 
Assistance.

                  Disclosure of Directed Rule Makings

    The Committee does not believe that the legislation directs 
an Executive Branch official to conduct any specific rule 
making proceedings within the meaning of 5 U.S.C. 551.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, and existing law in which no 
change is proposed is shown in roman):

          DEPARTMENT OF AGRICULTURE REORGANIZATION ACT OF 1994




           *       *       *       *       *       *       *
TITLE II--DEPARTMENT OF AGRICULTURE REORGANIZATION

           *       *       *       *       *       *       *


Subtitle A--General Reorganization Authorities

           *       *       *       *       *       *       *


SEC. 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;
          (4) maintain a staff of attorneys and other 
        professionals with appropriate expertise; and
          (5) in carrying out the requirements of this 
        subsection, 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.
          (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.).
          (3) Notification.--With respect to any of the actions 
        brought under this subsection in Federal district 
        court, the Special Investigator shall notify the 
        Attorney General.

           *       *       *       *       *       *       *


SEC. [225.]  224A. FOOD ACCESS LIAISON.

  (a) Establishment.--The Secretary shall establish the 
position of Food Access Liaison to coordinate Department 
programs to reduce barriers to food access and monitor and 
evaluate the progress of such programs in accordance with this 
section.
  (b) Duties.--The Food Access Liaison shall--
          (1) coordinate the efforts of the Department, 
        including regional offices, to experiment and consider 
        programs and policies aimed at reducing barriers to 
        food access for consumers, including but not limited to 
        participants in nutrition assistance programs;
          (2) provide outreach to entities engaged in 
        activities to reduce barriers to food access in 
        accordance with the statutory authorization for each 
        program;
          (3) provide outreach to entities engaged in 
        activities to reduce barriers to food access, including 
        retailers, markets, producers, and others involved in 
        food production and distribution, with respect to the 
        availability of, and eligibility for, Department 
        programs;
          (4) raise awareness of food access issues in 
        interactions with employees of the Department;
          (5) make recommendations to the Secretary with 
        respect to efforts to reduce barriers to food access; 
        and
          (6) submit to Congress an annual report with respect 
        to the efforts of the Department to reduce barriers to 
        food access.

           *       *       *       *       *       *       *


Subtitle K--Miscellaneous Reorganization Provisions

           *       *       *       *       *       *       *


SEC. 296. TERMINATION OF AUTHORITY.

  (a) In General.--Subject to subsection (b), the authority 
delegated to the Secretary by this title to reorganize the 
Department shall terminate on the date that is 2 years after 
the date of enactment of this Act.
  (b) Functions.--Subsection (a) shall not affect:
          (1) The authority of the Secretary to continue to 
        carry out a function that the Secretary performs on the 
        date that is 2 years after the date of enactment of 
        this Act.
          (2) The authority delegated to the Secretary under 
        Reorganization Plan No. 2 of 1953 (5 U.S.C. App.; 7 
        U.S.C. 2201 note).
          (3) The authority of an agency, office, officer, or 
        employee of the Department to continue to perform all 
        functions delegated or assigned to the entity or person 
        as of that termination date.
          (4) The authority of the Secretary to establish in 
        the Department the position of Under Secretary of 
        Agriculture for Marketing and Regulatory Programs under 
        section 285.
          (5) The authority of the Secretary to establish 
        within the Department the position of Assistant 
        Secretary of Agriculture for Civil Rights, and delegate 
        duties to the Assistant Secretary, under section 218.
          (6) The authority of the Secretary to establish in 
        the Department, under section 251--
                  (A) the position of Under Secretary of 
                Agriculture for Research, Education, and 
                Economics;
                  (B) the Office of the Chief Scientist; and
                  (C) the National Institute of Food and 
                Agriculture.
          (7) The authority of the Secretary to establish in 
        the Department the Office of Advocacy and Outreach in 
        accordance with section 226B.
          (8) The authority of the Secretary to carry out 
        amendments made to this title by the Agricultural Act 
        of 2014.
          (9) The authority of the Secretary to carry out the 
        amendments made to this title by section 772 of the 
        Agriculture, Rural Development, Food and Drug 
        Administration, and Related Agencies Appropriations 
        Act, 2018.
          (10) The authority of the Secretary to carry out the 
        amendments made to this title by the Agriculture 
        Improvement Act of 2018.
          (11) The authority of the Secretary to carry out 
        section 217.

           *       *       *       *       *       *       *


                                  [all]