S.Amdt. 3151

SA 3151. Mr. BOOKER submitted an amendment intended to be proposed by
him to the bill H.R. 2, to provide for the reform and continuation of
agricultural and other programs of the Department of Agriculture
through fiscal year 2023, and for other purposes; which was ordered to
lie on the table; as follows:

At the end of subtitle A of title XII, add the following:

SEC. 121___. UNLAWFUL RETALIATION.

(a) Retaliation for Exercise of Lawful Expression.--Section
202 of the Packers and Stockyards Act, 1921 (7 U.S.C. 192),
is amended--
(1) by redesignating subdivisions (a) through (g) as
paragraphs (1) through (7), respectively, and indenting the
paragraphs appropriately;
(2) in paragraph (6) (as so redesignated)--
(A) by striking ``person (1) to'' and inserting the
following: ``person--
``(A) to'';
(B) by striking ``business, or (2) to'' and inserting the
following: ``business;
``(B) to''; and
(C) by striking ``article, or (3) to'' and inserting the
following: ``article; or
``(C) to'';
(3) in paragraph (7) (as so redesignated), by striking
``subdivision (a), (b), (c), (d), or (e)'' and inserting
``any of paragraphs (1) through (5)'';
(4) in the matter preceding paragraph (1) (as so
redesignated)--
(A) by striking ``It shall'' and inserting the following:
``(a) In General.--It shall''; and
(B) by adding at the end the following:
``(b) Unlawful Retaliation.--
``(1) In general.--No packer, swine contractor, or live
poultry dealer shall take or threaten to take retaliatory
action in response to any lawful spoken or written
expression, association, or action of a livestock producer,
swine production contract grower, or poultry grower.
``(2) Types of lawful expression.--The lawful expression
referred to in paragraph (1) shall include--
``(A) communication with officials of a Federal agency or
Members of Congress;
``(B) any lawful disclosure that demonstrates a reasonable
belief of a violation of this Act; and
``(C) any other communication that assists in carrying out
the purposes of this Act.
``(3) Alleged violations.--An alleged violation of
paragraph (1) may be reported to the Secretary for
appropriate action.''.
(b) Definition of Retaliatory Action.--Section 2(a) of the
Packers and Stockyards Act, 1921 (7 U.S.C. 182(a)), is
amended by adding at the end the following:
``(15) Retaliatory action.--The term `retaliatory action'
means coercion, intimidation, or taking or failing to take
any other action that could discourage the exercise of rights
described in this Act against any livestock producer, swine
production contract grower, or poultry grower in the
execution, termination, extension, or renewal of a contract
or an agreement to purchase involving livestock or poultry,
regardless of whether the action has any adverse effect on
competition.''.
(c) Conforming Amendments.--Section 411 of the Packers and
Stockyards Act, 1921 (7 U.S.C. 228b-2) is amended--
(1) in subsection (a), in the first sentence, by inserting
``section 202(b),'' after ``any provision of''; and
(2) in subsection (b), in the first sentence, by striking
``section 207'' and inserting ``section 202(b), section
207,''.
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