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. 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Meat and Poultry Spe5 cial Investigator Act of 2023’’. 


kjohnson on DSK79L0C42PROD with BILLS
2 

•S 346 IS

1 SEC. 2. OFFICE OF THE SPECIAL INVESTIGATOR FOR COM2 PETITION MATTERS. 

3 (a) IN GENERAL.—The Department of Agriculture 

4 Reorganization Act of 1994 is amended by inserting after 

5 section 216 (7 U.S.C. 6916) the following: 

6 ‘‘SEC. 217. OFFICE OF THE SPECIAL INVESTIGATOR FOR 

7 COMPETITION MATTERS. 

8 ‘‘(a) ESTABLISHMENT.—There is established in the 

9 Department an office, to be known as the ‘Office of the 

10 Special Investigator for Competition Matters’ (referred to 

11 in this section as the ‘Office’). 

12 ‘‘(b) SPECIAL INVESTIGATOR FOR COMPETITION

13 MATTERS.—The Office shall be headed by the Special In14 vestigator for Competition Matters (referred to in this sec15 tion as the ‘Special Investigator’), who shall be a senior 

16 career employee appointed by the Secretary. 

17 ‘‘(c) DUTIES.—The Special Investigator shall— 

18 ‘‘(1) use all available tools, including subpoenas, 

19 to investigate and prosecute violations of the Pack20 ers and Stockyards Act, 1921 (7 U.S.C. 181 et 

21 seq.), by packers and live poultry dealers with re22 spect to competition and trade practices in the food 

23 and agriculture sector; 

24 ‘‘(2) serve as a Department liaison to, and act 

25 in consultation with, the Department of Justice and 

26 the Federal Trade Commission with respect to comVerDate Sep 11 2014 00:03 Feb 23, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S346.IS S346

kjohnson on DSK79L0C42PROD with BILLS
3 

•S 346 IS

1 petition and trade practices in the food and agricul2 tural sector; 

3 ‘‘(3) act in consultation with the Department of 

4 Homeland Security with respect to national security 

5 and critical infrastructure security in the food and 

6 agricultural sector; 

7 ‘‘(4) maintain a staff of attorneys and other 

8 professionals with appropriate expertise; and 

9 ‘‘(5) in carrying out paragraphs (1) through 

10 (4), coordinate with the Office of the General Coun11 sel and the Packers and Stockyards Division of the 

12 Agricultural Marketing Service. 

13 ‘‘(d) PROSECUTORIAL AUTHORITY.— 

14 ‘‘(1) IN GENERAL.—Notwithstanding title 28, 

15 United States Code, the Special Investigator shall 

16 have the authority to bring any civil or administra17 tive action authorized under the Packers and Stock18 yards Act, 1921 (7 U.S.C. 181 et seq.), against a 

19 packer or a live poultry dealer. 

20 ‘‘(2) NOTIFICATION.—With respect to any ac21 tion brought under this section in Federal district 

22 court, the Special Investigator shall notify the Attor23 ney General. 

24 ‘‘(3) EFFECT.—Nothing in this section alters 

25 the authority of the Secretary to issue a subpoena 


kjohnson on DSK79L0C42PROD with BILLS
4 

•S 346 IS

1 pursuant to the Packers and Stockyards Act, 1921 

2 (7 U.S.C. 181 et seq.). 

3 ‘‘(e) LIMITATION ON SCOPE.—The Special Investi4 gator may not bring an action under this section with re5 spect to an entity that is not regulated under the Packers 

6 and Stockyards Act, 1921 (7 U.S.C. 181 et seq.).’’. 

7 (b) CONFORMING AMENDMENT.—Section 296(b) of 

8 the Department of Agriculture Reorganization Act of 

9 1994 (7 U.S.C. 7014(b)) is amended by adding at the end 

10 the following: 

11 ‘‘(11) The authority of the Secretary to carry 

12 out section 217.’’. 

13 (c) TECHNICAL AMENDMENT.—Subtitle A of the De14 partment of Agriculture Reorganization Act of 1994 is 

15 amended by redesignating the first section 225 (relating 

16 to Food Access Liaison) (7 U.S.C. 6925) as section 224A. 

Æ 


kjohnson on DSK79L0C42PROD with BILLS