[Congressional Record Volume 169, Number 120 (Thursday, July 13, 2023)]
[Senate]
[Page S2539]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 363. Mr. TESTER (for himself, Mr. Grassley, and Mr. Rounds) 
submitted an amendment intended to be proposed by him to the bill S. 
2226, to authorize appropriations for fiscal year 2024 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place in subtitle G of title X, insert 
     the following:

     SEC. 10__. DEPARTMENT OF AGRICULTURE 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.
                                 ______