[Congressional Record Volume 164, Number 107 (Tuesday, June 26, 2018)]
[Senate]
[Page S4435]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  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,''.
                                 ______