[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 346 Introduced in Senate (IS)]
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118th CONGRESS
1st Session
S. 346
To establish the Office of the Special Investigator for Competition
Matters within the Department of Agriculture.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 9, 2023
Mr. Tester (for himself, Mr. Grassley, Mr. Rounds, Mr. Blumenthal, Mr.
Booker, Mr. Daines, Mr. Heinrich, Mr. Hoeven, Ms. Klobuchar, Ms.
Stabenow, and Mr. Wyden) introduced the following bill; which was read
twice and referred to the Committee on Agriculture, Nutrition, and
Forestry
_______________________________________________________________________
A BILL
To establish the Office of the Special Investigator for Competition
Matters within the Department of Agriculture.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Meat and Poultry Special
Investigator Act of 2023''.
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 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 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.
``(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.).
``(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.
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