Meat and Poultry Special Investigator Act of 2023

Meat and Poultry Special Investigator Act of 2023

This bill establishes within the Department of Agriculture (USDA) the Office of the Special Investigator for Competition Matters.

Specifically, the office must use all available tools (e.g., subpoenas) to investigate and prosecute violations of the Packers and Stockyards Act of 1921 by packers and live poultry dealers. Further, the bill grants the office the authority to bring any civil or administrative action authorized by that act against a packer or live poultry dealer.

Additionally, the office must

• serve as a liaison to the Department of Justice and the Federal Trade Commission with respect to competition and trade practices in the food and agricultural sector,
• consult with the Department of Homeland Security on 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 USDA Office of the General Counsel and the Packers and Stockyards Division of the Agricultural Marketing Service.

[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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