What This Bill Does
This bill creates a new office within the Department of Agriculture called the Office of the Special Investigator for Competition Matters. The office will investigate and prosecute violations of the Packers and Stockyards Act, which is a law governing fair competition in the meat, poultry and agricultural industry.
Who It Affects
Packers (meat processing companies) and live poultry dealers are directly affected. The Department of Justice, Federal Trade Commission and Department of Homeland Security will also coordinate with this new office.
Key Provisions
• The Special Investigator can use all available tools, including subpoenas, to investigate and prosecute violations of the Packers and Stockyards Act by packers and live poultry dealers related to competition and trade practices in food and agriculture (Sec. 217(c)(1))
• The Special Investigator must serve as a liaison and consult with the Department of Justice and Federal Trade Commission regarding competition and trade practices in the food and agricultural sector (Sec. 217(c)(2))
• The Special Investigator has authority to bring civil or administrative actions allowed under the Packers and Stockyards Act against packers or live poultry dealers (Sec. 217(d)(1))
• The Special Investigator must maintain a staff of attorneys and other professionals with appropriate expertise (Sec. 217(c)(4))
• The Special Investigator cannot bring actions against entities that are not regulated under the Packers and Stockyards Act (Sec. 217(e))
What Changes
If this bill becomes law, the Department of Agriculture will have a new office with a Special Investigator who can directly investigate and prosecute violations of competition laws affecting meat packers and poultry dealers. The Secretary of Agriculture will appoint this Special Investigator as a senior career employee.
Important Definitions
None defined in bill text.
II
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. KLO-
BUCHAR, Ms. STABENOW, and Mr. WYDEN) introduced the following bill;
which was read twice and referred to the Committee on Agriculture, Nu-
trition, 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 Representa-
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tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Meat and Poultry Spe-
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cial Investigator Act of 2023’’.
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SEC. 2. OFFICE OF THE SPECIAL INVESTIGATOR FOR COM-
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PETITION MATTERS.
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(a) IN GENERAL.—The Department of Agriculture
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Reorganization Act of 1994 is amended by inserting after
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section 216 (7 U.S.C. 6916) the following:
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‘‘SEC. 217. OFFICE OF THE SPECIAL INVESTIGATOR FOR
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COMPETITION MATTERS.
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‘‘(a) ESTABLISHMENT.—There is established in the
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Department an office, to be known as the ‘Office of the
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Special Investigator for Competition Matters’ (referred to
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in this section as the ‘Office’).
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‘‘(b) SPECIAL
INVESTIGATOR
FOR
COMPETITION
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MATTERS.—The Office shall be headed by the Special In-
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vestigator for Competition Matters (referred to in this sec-
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tion as the ‘Special Investigator’), who shall be a senior
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career employee appointed by the Secretary.
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‘‘(c) DUTIES.—The Special Investigator shall—
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‘‘(1) use all available tools, including subpoenas,
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to investigate and prosecute violations of the Pack-
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ers and Stockyards Act, 1921 (7 U.S.C. 181 et
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seq.), by packers and live poultry dealers with re-
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spect to competition and trade practices in the food
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and agriculture sector;
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‘‘(2) serve as a Department liaison to, and act
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in consultation with, the Department of Justice and
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the Federal Trade Commission with respect to com-
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•S 346 IS
petition and trade practices in the food and agricul-
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tural sector;
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‘‘(3) act in consultation with the Department of
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Homeland Security with respect to national security
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and critical infrastructure security in the food and
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agricultural sector;
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‘‘(4) maintain a staff of attorneys and other
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professionals with appropriate expertise; and
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‘‘(5) in carrying out paragraphs (1) through
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(4), coordinate with the Office of the General Coun-
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sel and the Packers and Stockyards Division of the
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Agricultural Marketing Service.
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‘‘(d) PROSECUTORIAL AUTHORITY.—
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‘‘(1) IN GENERAL.—Notwithstanding title 28,
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United States Code, the Special Investigator shall
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have the authority to bring any civil or administra-
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tive action authorized under the Packers and Stock-
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yards Act, 1921 (7 U.S.C. 181 et seq.), against a
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packer or a live poultry dealer.
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‘‘(2) NOTIFICATION.—With respect to any ac-
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tion brought under this section in Federal district
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court, the Special Investigator shall notify the Attor-
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ney General.
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‘‘(3) EFFECT.—Nothing in this section alters
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the authority of the Secretary to issue a subpoena
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pursuant to the Packers and Stockyards Act, 1921
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(7 U.S.C. 181 et seq.).
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‘‘(e) LIMITATION ON SCOPE.—The Special Investi-
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gator may not bring an action under this section with re-
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spect to an entity that is not regulated under the Packers
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and Stockyards Act, 1921 (7 U.S.C. 181 et seq.).’’.
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(b) CONFORMING AMENDMENT.—Section 296(b) of
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the Department of Agriculture Reorganization Act of
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1994 (7 U.S.C. 7014(b)) is amended by adding at the end
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the following:
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‘‘(11) The authority of the Secretary to carry
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out section 217.’’.
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(c) TECHNICAL AMENDMENT.—Subtitle A of the De-
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partment of Agriculture Reorganization Act of 1994 is
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amended by redesignating the first section 225 (relating
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to Food Access Liaison) (7 U.S.C. 6925) as section 224A.
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Æ
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