[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 798 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 798
To improve protections for meatpacking workers, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 2, 2023
Mr. Khanna (for himself, Ms. Norton, Mr. Payne, Mr. Grijalva, Mrs.
Hayes, and Ms. Lee of California) introduced the following bill; which
was referred to the Committee on Agriculture, and in addition to the
Committees on Education and the Workforce, Oversight and
Accountability, House Administration, and the Judiciary, for a period
to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To improve protections for meatpacking workers, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Protecting
America's Meatpacking Workers Act of 2023''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
TITLE I--REFORMS TO PROTECT MEAT AND POULTRY PROCESSING WORKERS
Subtitle A--Department of Agriculture
Sec. 101. Rule on increased line speeds at meat and poultry
establishments.
Subtitle B--Fair Attendance Policies
Sec. 111. Definitions.
Sec. 112. Requirements for employers relating to no fault attendance
policies or attendance systems.
Sec. 113. Remedies and enforcement.
Sec. 114. Rulemaking.
Sec. 115. Relationship to other laws.
Sec. 116. Waiver of State immunity.
Sec. 117. Severability.
Subtitle C--Occupational Safety and Health Administration Reforms
Sec. 121. Definitions.
Sec. 122. Ensuring compliance with employee rights to use toilet
facilities at covered establishments.
Sec. 123. Occupational safety and health standards to protect employees
in covered establishments.
Sec. 124. Permanent regional emphasis inspection program; expanding
inspections.
Sec. 125. Representatives during physical inspections.
Sec. 126. Enhanced protections from retaliation.
Sec. 127. Regulations to restore a column on required records of work-
related musculoskeletal disorders.
Sec. 128. Funding for additional OSHA inspectors.
Sec. 129. OSHA reporting.
Sec. 130. Private right of action.
Sec. 131. Injunction proceedings.
Subtitle D--Savings Provision
Sec. 136. Savings provision.
TITLE II--FARM SYSTEM REFORMS
Sec. 201. Expanded meat and poultry processing grants.
Sec. 202. Local Agriculture Market Program.
Sec. 203. Restoration of mandatory country of origin labeling for beef
and pork; inclusion of dairy products.
Sec. 204. Definitions in Packers and Stockyards Act, 1921.
Sec. 205. Unlawful practices.
Sec. 206. Spot market purchases of livestock by packers.
Sec. 207. Investigation of live poultry dealers.
Sec. 208. Award of attorney fees.
Sec. 209. Technical amendments.
TITLE III--GAO REPORTS
Sec. 301. Review and report on fragility and national security in the
food system.
Sec. 302. Review and report on racial and ethnic disparities in meat
and poultry processing.
Sec. 303. GAO report on line speeds.
SEC. 2. FINDINGS.
Congress finds that--
(1) meat and poultry slaughter and processing is a
particularly dangerous occupation, with meat and poultry
processing workers suffering injuries at measurably higher
rates than workers in other private sector industries;
(2) meat and poultry processing workers face double the
rate of amputations as the average worker in private industry,
and injuries such as sprains, lacerations, and contusions are
common among poultry workers;
(3) meat and poultry processing workers suffer from
musculoskeletal injuries, such as carpal tunnel syndrome,
``trigger finger'', tendinitis, rotator cuff injuries, lower
back injuries, and chronic pain and numbness, in numbers that
can exceed 50 percent of workers;
(4) higher line speeds in meat and poultry processing
facilities is a recognized risk factor that leads to increased
risk of both laceration and musculoskeletal injuries;
(5) meat and poultry processing work was and continues to
be particularly dangerous during the Coronavirus Disease 2019
(COVID-19) pandemic due to, among other factors--
(A) the easily transmissible nature of the virus
via aerosol and droplet;
(B) the close proximity of meat processing workers;
(C) cold conditions inside meat processing
facilities; and
(D) the pace and physical rigor of meat and poultry
processing work;
(6) during the COVID-19 pandemic, covered establishments
have implemented policies and procedures that have--
(A) increased workers' risk of exposure to SARS-
CoV-2;
(B) prioritized processing rates over worker health
and welfare; and
(C) caused a disparate adverse impact on Asian,
Black, and Latino workers in the meat and poultry
processing industry;
(7) enforcement of requirements of the Occupational Safety
and Health Administration in the meat and poultry processing
industry has been fundamentally inadequate, especially during
the COVID-19 pandemic; and
(8) meat and poultry processing workers are subjected to
exploitative conditions and abusive behavior by employers--
(A) including--
(i) use of abusive and humiliating shouting
by supervisors accusing workers of not working
fast enough and harassing them to work
``faster'' and ``harder'';
(ii) use of sexualized language to harass
women workers to work ``harder'' and
``faster'';
(iii) patterns of direct sexual harassment
and incidents of sexual assault; and
(iv) little or no accountability or redress
for emotional, sexualized, or psychological
abuse due to--
(I) weak enforcement of, and
noncompliance with, discrimination
protections; and
(II) meat and poultry processing
workers not reporting the abuse due to
fear of receiving more abuse, having
their employment terminated, or being
reported to immigration enforcement;
and
(B) that lead to long-term psychological impacts,
including--
(i) increased feelings of anger and stress
by workers pressured to work faster and more
aggressively to slaughter animals on killing
lines; and
(ii) episodes of panic and fear by workers
who were required to continue working during
COVID-19 outbreaks.
SEC. 3. DEFINITIONS.
In this Act:
(1) Covered establishment.--The term ``covered
establishment'' means--
(A) an official establishment (as defined in
section 301.2 of title 9, Code of Federal Regulations
(or successor regulations)) that is subject to
inspection under the Federal Meat Inspection Act (21
U.S.C. 601 et seq.); and
(B) an official establishment (as defined in
section 381.1 of title 9, Code of Federal Regulations
(or successor regulations)) that is subject to
inspection under the Poultry Products Inspection Act
(21 U.S.C. 451 et seq.).
(2) Covered period.--The term ``covered period'' means the
period beginning on the date of enactment of this Act and
ending on the date that is 90 days after the date on which the
COVID-19 emergency is lifted.
(3) COVID-19 emergency.--The term ``COVID-19 emergency''
means the public health emergency declared by the Secretary of
Health and Human Services under section 319 of the Public
Health Service Act (42 U.S.C. 247d) on January 31, 2020, with
respect to COVID-19.
(4) Employee; employer.--Unless otherwise specified, the
terms ``employee'' and ``employer'' have the meanings given
those terms in section 3 of the Occupational Safety and Health
Act of 1970 (29 U.S.C. 652).
TITLE I--REFORMS TO PROTECT MEAT AND POULTRY PROCESSING WORKERS
Subtitle A--Department of Agriculture
SEC. 101. RULE ON INCREASED LINE SPEEDS AT MEAT AND POULTRY
ESTABLISHMENTS.
(a) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Service.
(2) Assistant secretary.--The term ``Assistant Secretary''
means the Assistant Secretary of Labor for Occupational Safety
and Health.
(3) Director.--The term ``Director'' means the Director of
the National Institute for Occupational Safety and Health.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(5) Service.--The term ``Service'' means the Food Safety
Inspection Service.
(b) Rule on Waivers.--
(1) In general.--Notwithstanding any other provision of law
(including regulations, including sections 303.1(h) and
381.3(b) of title 9, Code of Federal Regulations (or successor
regulations)), the Secretary, acting through the Administrator,
shall not issue a waiver relating to line speeds at a covered
establishment or inspection staffing requirements for a covered
establishment unless the covered establishment--
(A) agrees to an inspection conducted by the
Assistant Secretary or the Director for the purposes of
the waiver; and
(B) the Assistant Secretary or the Director
certifies to the Secretary that any increases in line
speed at the covered establishment would not have an
adverse impact on worker safety.
(2) Inspections.--An inspection conducted by the Assistant
Secretary or the Director under paragraph (1)(A) shall
include--
(A) an ergonomic analysis of all jobs in the
applicable covered establishment that may experience an
increased work pace due to increasing the number of
animals being slaughtered--
(i) per minute; and
(ii) per hour;
(B) an assessment of the current rates of
musculoskeletal disorders in the covered establishment;
(C) a review of current efforts at the covered
establishment to mitigate those disorders, including a
review of how medical personnel at the covered
establishment manage those disorders; and
(D) a review of the impact of any proposed line
speed increases on the pace of work for workers on the
slaughter and production lines of the covered
establishment (including the workers that package the
meat).
(3) Limitation on authority over line speeds.--None of the
funds made available to the Secretary during the covered period
may be used to develop, propose, finalize, issue, amend, or
implement any policy, regulation, directive, constituent
update, or any other agency program that would increase line
speeds at covered establishments.
(4) Effect on state law.--
(A) In general.--This subsection shall not preempt
or limit any law or regulation of a State or a
political subdivision of a State that--
(i) imposes requirements that are more
protective of worker safety or animal welfare
than the requirements of this subsection; or
(ii) creates penalties for conduct
regulated by this subsection.
(B) Other laws.--The requirements of this
subsection are in addition to, and not in lieu of, any
other laws protecting worker safety and animal welfare.
(c) Transparency in Rulemaking.--With respect to each rulemaking
proceeding initiated by the Administrator on or after the date of
enactment of this Act, the Administrator shall comply with--
(1) the data quality guidelines of the Service, which state
that the Service and the offices of the Service are held to a
standard of transparency to ensure that the information shared
by the Service is presented in an accurate, reliable, and
unbiased manner; and
(2) Executive Order 13563 (5 U.S.C. 601 note; relating to
improving regulation and regulatory review), which requires
Federal agencies to provide timely online access to relevant
scientific information in an open format that can easily be
searched and downloaded during a proposed rulemaking.
(d) Evaluation of Rulemaking and Policies.--In evaluating the
impact of any future rulemaking or policy, the Secretary shall request
that the Director conduct an evaluation of the rulemaking or policy
that includes a review of--
(1) current safety conditions and injuries and illnesses at
the applicable covered establishments, including medical exams
and medical histories;
(2) whether the policy proposals will increase the pace of
work for any employee at the applicable covered establishments;
and
(3) whether, and the extent to which, the policy proposals
will impact worker safety.
(e) Reports.--
(1) Report to congress.--Not later than 180 days after the
date of enactment of this Act, the Secretary, the Secretary of
Labor, and the Secretary of Health and Human Services shall
each submit to the Committee on Agriculture, Nutrition, and
Forestry and the Committee on Health, Education, Labor, and
Pensions of the Senate and the Committee on Agriculture and the
Committee on Education and Labor of the House of
Representatives, a report that--
(A) describes the actions taken by that Secretary
to ensure worker, animal, and food safety during the
COVID-19 emergency; and
(B) includes an analysis of the issues described in
paragraphs (1) through (12) of section 303(b).
(2) Reports on implementation of rules.--
(A) In general.--Not later than 1 year after the
implementation of any rule relating to line speeds at
covered establishments, the Secretary shall submit to
Congress a report on the impact of the rule on--
(i) line speeds at covered establishments;
(ii) worker safety and health at covered
establishments;
(iii) ergonomic aspects of jobs at covered
establishments; and
(iv) staffing levels that will ensure
worker safety at covered establishments.
(B) Requirement.--A report under subparagraph (A)
shall include--
(i) the results of a study carried out by
an industrial engineer on every type of job at
covered establishments impacted by the
applicable rule;
(ii) a determination of the industrial
engineer of the number of workers needed--
(I) to do each job safely; and
(II) to operate the covered
establishment at different line speeds;
and
(iii) a job crewing report prepared by the
industrial engineer.
Subtitle B--Fair Attendance Policies
SEC. 111. DEFINITIONS.
In this subtitle:
(1) Covered entity.--The term ``covered entity''--
(A) has the meaning given the term ``respondent''
in section 701(n) of the Civil Rights Act of 1964 (42
U.S.C. 2000e(n)); and
(B) includes--
(i) an employing office, as defined in
section 101 of the Congressional Accountability
Act of 1995 (2 U.S.C. 1301);
(ii) an employing office, as defined in
section 411(c) of title 3, United States Code;
(iii) an entity employing a State employee
described in section 304(a) of the Government
Employee Rights Act of 1991 (42 U.S.C. 2000e-
16c(a)); and
(iv) an entity to which section 717(a) of
the Civil Rights Act of 1964 (42 U.S.C. 2000e-
16(a)) applies.
(2) Employee.--The term ``employee'' means--
(A) an employee (including an applicant), as
defined in section 701(f) of the Civil Rights Act of
1964 (42 U.S.C. 2000e(f));
(B) a covered employee (including an applicant), as
defined in section 101 of the Congressional
Accountability Act of 1995 (2 U.S.C. 1301);
(C) a covered employee (including an applicant), as
defined in section 411(c) of title 3, United States
Code;
(D) a State employee (including an applicant)
described in section 304(a) of the Government Employee
Rights Act of 1991 (42 U.S.C. 2000e-16c(a)); or
(E) an employee (including an applicant) to which
section 717(a) of the Civil Rights Act of 1964 (42
U.S.C. 2000e-16(a)) applies.
(3) Legally protected leave.--The term ``legally protected
leave'', when used with respect to an employee, means leave
that is protected under a Federal, State, or local law
applicable to the employee.
(4) No fault attendance policy.--The term ``no fault
attendance policy'' means a policy or pattern and practice
maintained by a covered entity under which employees face
consequences for any absence, tardy, or early departure through
the assessment of points (also referred to as ``demerits'' or
``occurrences'') or deductions from an allotted bank of time,
and those points or deductions subject the employee to
progressive disciplinary action, which may include failure to
receive a promotion, loss of pay, or termination.
(5) Person.--The term ``person'' has the meaning given such
term in section 701(a) of the Civil Rights Act of 1964 (42
U.S.C. 2000e(a)).
(6) Secretary.--The term ``Secretary'' means the Secretary
of Labor.
SEC. 112. REQUIREMENTS FOR EMPLOYERS RELATING TO NO FAULT ATTENDANCE
POLICIES OR ATTENDANCE SYSTEMS.
(a) Requirements for No Fault Attendance Policy.--It shall be
considered an unlawful employment practice for a covered entity to
maintain a no fault attendance policy, unless the covered entity
complies with the following:
(1) The no fault attendance policy shall be distributed in
writing--
(A) not later than 90 days after the date of
enactment of this Act, to all employees employed by the
covered entity as of that date of distribution; and
(B) with respect to each employee hired by the
covered entity after such date of enactment, upon the
commencement of the employee's employment.
(2) If any changes are made to the no fault attendance
policy, the no fault attendance policy shall be distributed in
writing to all employees by not later than 30 days after the
date of the changes.
(3) The covered entity shall provide employees with a means
of accessing the no fault attendance policy at any physical
workplace and outside of a physical workplace.
(4) The no fault attendance policy shall explicitly state
that employees will not face disciplinary action or other
adverse consequences, which may include the assessment of
points or a deduction from an allotted bank of time, for
legally protected leave.
(5) The no fault attendance policy shall specifically
reference and provide a reasonable amount of detail about all
Federal, State, and local laws applicable to the employees that
provide legally protected leave, including the Americans with
Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), the Family
and Medical Leave Act of 1993 (29 U.S.C. 2601 et seq.), and
chapter 43 of title 38, United States Code.
(6) The no fault attendance policy shall identify a process
for employees to complete each of the following:
(A) Report that an absence is for legally protected
leave.
(B) Provide medical documentation, if it is
required under the no fault attendance policy in order
to avoid disciplinary action or other adverse
consequences for legally protected leave.
(C) Seek removal of points that an employee
believes were wrongly assessed, or the restoration of
time that an employee believes was wrongly deducted for
legally protected leave.
(D) Delay the reporting of an absence in unforeseen
or emergency circumstances without incurring additional
points or discipline.
(b) Requirements for Attendance Systems.--It shall be an unlawful
employment practice for a covered entity to maintain any attendance
system policy, or pattern and practice, that discourages employees from
exercising, or attempting to exercise, any right to legally protected
leave.
SEC. 113. REMEDIES AND ENFORCEMENT.
(a) Civil Action.--The powers, remedies, and procedures provided in
section 107 of the Family and Medical Leave Act of 1993 (29 U.S.C.
2617) shall be the powers, remedies, and procedures this subtitle
provides to any person alleging an unlawful employment practice
described in section 112.
(b) Penalties.--Any covered entity that commits an unlawful
employment practice described in section 112 shall be subject to civil
penalties not to exceed the amounts set forth in section 17(a) of the
Occupational Safety and Health Act of 1970 (29 U.S.C. 666(a)), as
adjusted annually for inflation. The Secretary or the Office of Federal
Contract Compliance Programs may bring any legal action necessary,
including administrative action, to collect such penalties.
SEC. 114. RULEMAKING.
Not later than 2 years after the date of enactment of this Act, the
Secretary, in coordination with the Equal Employment Opportunity
Commission and the heads of other relevant Federal agencies, shall
issue regulations in an accessible format in accordance with subchapter
II of chapter 5 of title 5, United States Code, to carry out this
subtitle. Such regulations shall provide an example of a model no fault
attendance policy that conforms to the requirements of this subtitle.
SEC. 115. RELATIONSHIP TO OTHER LAWS.
Nothing in this subtitle shall be construed to invalidate or limit
the powers, remedies, and procedures under any Federal law or law of
any State or political subdivision of any State or jurisdiction that
provide leave rights, whether paid or unpaid (such as sick time, family
or medical leave, and time off as an accommodation).
SEC. 116. WAIVER OF STATE IMMUNITY.
A State shall not be immune under the 11th Amendment to the
Constitution of the United States from an action in a Federal or State
court of competent jurisdiction for a violation of this subtitle. In
any action against a State for a violation of this subtitle, remedies
(including remedies both at law and in equity) are available for such a
violation to the same extent as such remedies are available for such a
violation in an action against any public or private entity other than
a State.
SEC. 117. SEVERABILITY.
If any provision of this subtitle or the application of that
provision to particular persons or circumstances is held invalid or
found to be unconstitutional, the remainder of this subtitle and the
application of that provision to other persons or circumstances shall
not be affected.
Subtitle C--Occupational Safety and Health Administration Reforms
SEC. 121. DEFINITIONS.
In this title, the terms ``Secretary'' and ``State'' have the
meanings given such terms in section 3 of the Occupational Safety and
Health Act of 1970 (29 U.S.C. 652).
SEC. 122. ENSURING COMPLIANCE WITH EMPLOYEE RIGHTS TO USE TOILET
FACILITIES AT COVERED ESTABLISHMENTS.
(a) In General.--During any inspection of a covered establishment
conducted pursuant to section 8 of the Occupational Safety and Health
Act of 1970 (29 U.S.C. 657), the Secretary shall verify that the
employer of employees working at such establishment is in compliance
with the occupational safety and health standard set forth in section
1910.141 of title 29, Code of Federal Regulations, as in effect on the
day before the date of enactment of this Act, for employers to provide
prompt access for employees to visit and use toilet facilities,
including such standard as interpreted by the memorandum for regional
administrators and State designees regarding ``Interpretation of 29
CFR. 1910.141(c)(1): Toilet Facilities'' issued by the Occupational
Safety and Health Administration on April 6, 1998.
(b) Requirements.--In carrying out subsection (a), the Secretary
shall verify that the employer described in such subsection--
(1) allows employees to leave their work locations to use a
toilet facility when needed and without punishment;
(2) provides an adequate number of toilet facilities for
the size of the workforce to prevent long lines;
(3) avoids imposing unreasonable restrictions including
waiting lists on the use of toilet facilities;
(4) ensures that restrictions, such as locking doors or
requiring employees to sign out a key, do not cause extended
delays in access to toilet facilities; and
(5) compensates each employee for breaks for using toilet
facilities at the regular rate of pay of the employee in
accordance with section 785.18 of title 29, Code of Federal
Regulations, as in effect on the day before the date of
enactment of this Act, and any other applicable Federal, State,
or local law.
SEC. 123. OCCUPATIONAL SAFETY AND HEALTH STANDARDS TO PROTECT EMPLOYEES
IN COVERED ESTABLISHMENTS.
(a) Standard for Protecting Employees From Occupational Risk
Factors Causing Musculoskeletal Disorders.--
(1) Proposed standard.--Not later than 1 year after the
date of enactment of this Act, the Secretary shall, pursuant to
section 6 of the Occupational Safety and Health Act of 1970 (29
U.S.C. 655), publish in the Federal Register a proposed
standard for ergonomic program management for covered
establishments. Such proposed standard shall include
requirements for--
(A) hazard identification and ergonomic job
evaluations, including requirements for employee and
authorized employee representative participation in
such identification;
(B) hazard control, which such requirements rely on
the principles of the hierarchy of controls and which
may include measures such as rest breaks, equipment and
workstation redesign, work pace reductions, or job
rotation to less forceful or repetitive jobs;
(C) training for employees regarding employer
activities, occupational risk factors, and training on
controls and recognition of symptoms of musculoskeletal
disorders; and
(D) medical management that includes--
(i) encouraging early reporting of
musculoskeletal disorder symptoms;
(ii) first aid delivered by those operating
under State licensing requirements; and
(iii) systematic evaluation and early
referral for medical attention.
(2) Final standard.--Not later than 30 months after the
date of enactment this Act, the Secretary shall, pursuant to
section 6 of the Occupational Safety and Health Act of 1970 (29
U.S.C. 655), publish in the Federal Register a final standard
based on the proposed standard under paragraph (1).
(b) Standard for Protecting Employees From Delays in Medical
Treatment Referrals Following Injuries or Illnesses.--
(1) Proposed standard.--Not later than 3 months after the
date of enactment of this Act, the Secretary shall, pursuant to
section 6 of the Occupational Safety and Health Act of 1970 (29
U.S.C. 655), publish in the Federal Register a proposed
standard requiring that all employers with employees working at
a covered establishment who, in accordance with the standard
promulgated under section 1910.151 of title 29, Code of Federal
Regulations, as in effect on the day before the date of
enactment of this Act, are required to have a person readily
available at the establishment who is adequately trained to
render first aid, shall ensure that such person--
(A) without delay, refers any such employee who
reports an injury or illness that requires further
medical treatment to an appropriate medical
professional of the employee's choice for such
treatment;
(B) provides for occupational medicine consultation
services through a physician who is board certified in
occupational medicine, which services shall include--
(i) regular review of any health and safety
program, medical management program, or
ergonomics program of the employer;
(ii) review of any work-related injury or
illness of an employee;
(iii) providing onsite health services for
treatment of such injury or illness; and
(iv) consultation referral to a local
health care provider for treating such injury
or illness; and
(C) complies with the licensing requirements for
licensed practical nurses or registered nurses in the
State in which the establishment is located.
(2) Final standard.--Not later than 1 year after the date
of enactment of this Act, the Secretary shall, pursuant to
section 6 of the Occupational Safety and Health Act of 1970 (29
U.S.C. 655), publish in the Federal Register a final standard
based on the proposed standard under paragraph (1).
(c) Standard for Protecting Employees From Airborne Contagions.--
(1) Emergency temporary standard for covid-19.--In
consideration of the grave danger presented by COVID-19 and the
need to strengthen protections for workers at covered
establishments, notwithstanding the provisions of law and the
Executive orders listed in paragraph (4), not later than 7 days
after the date of enactment of this Act, the Secretary of Labor
shall promulgate an emergency temporary standard to protect all
employees, contractors, and temporary workers at covered
establishments from occupational exposure to SARS-CoV-2.
(2) Extension of standard.--Notwithstanding paragraphs (2)
and (3) of section 6(c) of the Occupational Safety and Health
Act of 1970 (29 8 U.S.C. 655(c)), the emergency temporary
standard promulgated under this subsection shall be in effect
until the date on which the final standard promulgated under
paragraph (5) is in effect.
(3) State plan adoption.--With respect to a State with a
State plan that has been approved by the Secretary of Labor
under section 18 of the Occupational Safety and Health Act of
1970 (29 U.S.C. 667), not later than 14 days after the date of
enactment of this Act, such State shall promulgate an emergency
temporary standard that is at least as effective in protecting
employees, contractors, and temporary workers at covered
establishments from occupational exposure to SARS-CoV-2 as the
emergency temporary standard promulgated under this subsection.
(4) Inapplicable provisions of law and executive order.--
The provisions of law and the Executive orders listed in this
paragraph are as follows:
(A) The requirements of chapter 6 of title 5,
United States Code (commonly referred to as the
``Regulatory Flexibility Act'').
(B) Subchapter I of chapter 35 of title 44, United
States Code (commonly referred to as the ``Paperwork
Reduction Act'').
(C) The Unfunded Mandates Reform Act of 1995 (2
U.S.C. 1501 et seq.).
(D) Executive Order 12866 (58 Fed. Reg. 190;
relating to regulatory planning and review), as
amended.
(E) Executive Order 13771 (82 Fed. Reg. 9339,
relating to reducing regulation and controlling
regulatory costs).
(5) Final standard.--Not later than 24 months after the
date of enactment of this Act, the Secretary of Labor shall,
pursuant to section 6 of the Occupational Safety and Health Act
(29 U.S.C. 655), promulgate a final standard--
(A) to protect employees, contractors, and
temporary workers at covered establishments from
occupational exposure to infectious pathogens,
including airborne and novel pathogens; and
(B) that shall be effective and enforceable in the
same manner and to the same extent as a standard
promulgated under section 6(b) of the Occupational
Safety and Health Act of 1970 (29 U.S.C. 655(b)).
(6) Consultation.--In developing the standards under this
subsection, the Secretary--
(A) shall consult with--
(i) the Director of the Centers for Disease
Control and Prevention;
(ii) the Director of the National Institute
for Occupational Safety and Health; and
(iii) the professional associations and
representatives of the employees, contractors,
and temporary workers at covered
establishments.
(7) Requirements.--Each standard promulgated under this
subsection shall include--
(A) a requirement that the covered establishments--
(i) develop and implement a comprehensive
infectious disease exposure control plan, with
the input and involvement of employees or,
where applicable, the representatives of
employees, as appropriate, to address the risk
of occupational exposure;
(ii) record and report each work-related
COVID-19 infection and death, as set forth in
part 1904 of title 29, Code of Federal
Regulations (as in effect on the date of
enactment of this Act), and section 129 of this
Act; and
(iii) reduce meat and poultry processing
rates to achieve social distancing and
implement applicable requirements sufficient to
protect worker health with an adequate margin
of safety;
(B) no less protection for novel pathogens than
precautions mandated by standards adopted by a State
plan that has been approved by the Secretary under
section 18 of the Occupational Safety and Health Act of
1970 (29 U.S.C. 667); and
(C) the incorporation, as appropriate, of--
(i) guidelines issued by the Centers for
Disease Control and Prevention, the National
Institute for Occupational Safety and Health,
and the Occupational Safety and Health
Administration, which are designed to prevent
the transmission of infectious agents in health
care or other occupational settings; and
(ii) relevant scientific research on
airborne and novel pathogens.
(8) Enforcement.--This subsection shall be enforced in the
same manner and to the same extent as any standard promulgated
under section 6(b) of the Occupational Safety and Health Act of
1970 (29 U.S.C. 655(b)).
SEC. 124. PERMANENT REGIONAL EMPHASIS INSPECTION PROGRAM; EXPANDING
INSPECTIONS.
(a) Regional Emphasis Inspection Program.--
(1) In general.--Not later than 30 days after the date of
enactment of this Act, the Secretary shall, pursuant to section
8 of the Occupational Safety and Health Act of 1970 (29 U.S.C.
657), implement a regional emphasis inspection program for
covered establishments in every State of the United States in
which a covered establishment is located. Such program shall
cover--
(A) amputation hazards;
(B) ergonomics;
(C) hazards related to line speeds;
(D) bathroom breaks;
(E) use of chemicals such as peracetic acid
(antimicrobials); and
(F) working conditions in high and low
temperatures.
(2) State plans.--Not later than 30 days after the date of
enactment of this Act, a State with a State plan that has been
approved by the Secretary under section 18 of such Act (29
U.S.C. 667) shall adopt in each region within the State in
which covered establishment is located a regional emphasis
inspection program that is at least as effective as the program
under paragraph (1).
(b) Expanding Inspections When Information Presents Possible
Additional Dangers.--
(1) In general.--In the case the Secretary conducts a
physical inspection of a covered establishment pursuant to
section 8 of such Act in response to a referral, complaint, or
fatality, and the Secretary, during such inspection makes a
determination under paragraph (2), the Secretary shall expand
such inspection to all areas of the establishment.
(2) Determination.--A determination described in this
paragraph is either of the following:
(A) A determination, following a review of records
of work-related injuries and illnesses maintained in
accordance with such section 8, that a work-related
injury or illness may be related to a workplace danger
that may threaten physical harm.
(B) A determination, upon interviews with
employees, that a workplace danger may threaten
physical harm.
SEC. 125. REPRESENTATIVES DURING PHYSICAL INSPECTIONS.
(a) Proposed Rule.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall, under section 8(e) of the
Occupational Safety and Health Act of 1970 (29 U.S.C. 657(e)), publish
in the Federal Register a regulation providing that during a physical
inspection of a covered establishment under such section--
(1) the representative authorized by employees to be given
the opportunity to accompany the Secretary during the
inspection as described in such section shall not be required
to be an employee of the employer;
(2) where there is no representative authorized by
employees as described in paragraph (1), the employees may
designate a person affiliated with a worker-based community
organization to serve as such representative; and
(3) the inspector may arrange for interviews with employees
off-site upon the request of the representative or designated
person.
(b) Final Rule.--Not later than 2 years after the date of enactment
of this Act, the Secretary shall publish in the Federal Register a
final rule for the proposed rule under subsection (a).
SEC. 126. ENHANCED PROTECTIONS FROM RETALIATION.
(a) Employee Actions.--Section 11(c)(1) of the Occupational Safety
and Health Act of 1970 (29 U.S.C. 660(c)(1)) is amended--
(1) by striking ``discharge'' and all that follows through
``because such'' and inserting the following: ``discharge or
cause to be discharged, or in any other manner retaliate or
discriminate against or cause to be retaliated or discriminated
against, any employee because--
``(A) such'';
(2) by striking ``this Act or has'' and inserting the
following: ``this Act;
``(B) such employee has'';
(3) by striking ``in any such proceeding or because of the
exercise'' and inserting the following: ``before Congress or in
any Federal or State proceeding related to safety or health;
``(C) such employee has refused to violate any
provision of this Act; or
``(D) of the exercise''; and
(4) by inserting before the period at the end the
following: ``, including the reporting of any injury, illness,
or unsafe condition to the employer, agent of the employer,
safety and health committee involved, or employee safety and
health representative involved''.
(b) Prohibition of Retaliation; Procedure.--Section 11 of such Act
(29 U.S.C. 660) is amended--
(1) in subsection (c)--
(A) in paragraph (2)--
(i) by striking ``discharged or otherwise
discriminated against by any person in
violation of this subsection'' and inserting
``aggrieved by a violation of this
subsection''; and
(ii) by striking ``such discrimination''
and inserting ``such violation''; and
(B) by adding at the end the following:
``(4) Exception for meat and poultry establishments.--
Paragraphs (2) and (3) shall not apply with respect to a
complaint filed by an employee of an employer that is a covered
establishment, as defined in section 3 of the Protecting
America's Meatpacking Workers Act.''; and
(2) by adding at the end the following:
``(d) Meat and Poultry Establishments.--
``(1) Definitions.--In this subsection:
``(A) Complainant.--The term `complainant' means a
complainant who is a covered employee.
``(B) Covered employee.--The term `covered
employee' means an employee of a covered employer.
``(C) Covered employer.--The term `covered
employer' means an employer that is a covered
establishment, as defined in section 3 of the
Protecting America's Meatpacking Workers Act.
``(D) Respondent.--The term `respondent' means a
respondent who is a covered employer.
``(2) Reasonable apprehension.--
``(A) In general.--No person shall discharge, or
cause to be discharged, or in any other manner
retaliate or discriminate against, or cause to be
retaliated or discriminated against, a covered employee
for refusing to perform the covered employee's duties
if the covered employee has a reasonable apprehension
that performing such duties would result in serious
injury to, or serious impairment of the health of, the
covered employee or other covered employees.
``(B) Circumstances.--For purposes of subparagraph
(A), the circumstances causing the covered employee's
reasonable apprehension described in such subparagraph
shall be of such a nature that a reasonable person,
under the circumstances confronting the covered
employee, would conclude that performing the duties
described in such subparagraph would have the result
described in such subparagraph.
``(C) Communication.--In order to qualify for
protection under this paragraph, the covered employee,
when practicable, shall have communicated or attempted
to communicate the safety or health concern to the
covered employer and have not received from the covered
employer a response reasonably calculated to allay such
concern.
``(3) Complaint.--Any covered employee who believes that
the covered employee has been discharged, disciplined, or
otherwise retaliated or discriminated against by any person in
violation of subsection (c)(1) or paragraph (2) of this
subsection may seek relief for such violation by filing a
complaint with the Secretary under paragraph (5).
``(4) Statute of limitations.--
``(A) In general.--A covered employee may take the
action permitted by paragraph (3) not later than 180
days after the later of--
``(i) the date on which an alleged
violation of subsection (c)(1) or paragraph (2)
of this subsection occurs; or
``(ii) the date on which the covered
employee knows or should reasonably have known
that such alleged violation occurred.
``(B) Repeat violation.--Except in cases when the
covered employee has been discharged, a violation of
subsection (c)(1) or paragraph (2) of this subsection
shall be considered to have occurred on the last date
an alleged repeat violation occurred.
``(5) Investigation.--
``(A) In general.--A covered employee may, within
the time period required under paragraph (4)(A), file a
complaint with the Secretary alleging a violation of
subsection (c)(1) or paragraph (2) of this subsection.
If the complaint alleges a prima facie case, the
Secretary shall conduct an investigation of the
allegations in the complaint, which--
``(i) shall include--
``(I) interviewing the complainant;
``(II) providing the respondent an
opportunity to--
``(aa) submit to the
Secretary a written response to
the complaint; and
``(bb) meet with the
Secretary to present statements
from witnesses or provide
evidence; and
``(III) providing the complainant
an opportunity to--
``(aa) receive any
statements or evidence provided
to the Secretary;
``(bb) meet with the
Secretary; and
``(cc) rebut any statements
or evidence; and
``(ii) may include issuing subpoenas for
the purposes of such investigation.
``(B) Decision.--Not later than 90 days after the
filing of the complaint under this paragraph, the
Secretary shall--
``(i) determine whether reasonable cause
exists to believe that a violation of
subsection (c)(1) or paragraph (2) of this
subsection has occurred; and
``(ii) issue a decision granting or denying
relief.
``(6) Preliminary order following investigation.--If, after
completion of an investigation under paragraph (5)(A), the
Secretary finds reasonable cause to believe that a violation of
subsection (c)(1) or paragraph (2) of this subsection has
occurred, the Secretary shall issue a preliminary order
providing relief authorized under paragraph (14) at the same
time the Secretary issues a decision under paragraph (5)(B). If
a de novo hearing is not requested within the time period
required under paragraph (7)(A)(i), such preliminary order
shall be deemed a final order of the Secretary and is not
subject to judicial review.
``(7) Hearing.--
``(A) Request for hearing.--
``(i) In general.--A de novo hearing on the
record before an administrative law judge may
be requested--
``(I) by the complainant or
respondent within 30 days after
receiving notification of a decision
granting or denying relief issued under
paragraph (5)(B) or a preliminary order
under paragraph (6), respectively;
``(II) by the complainant within 30
days after the date the complaint is
dismissed without investigation by the
Secretary under paragraph (5)(A); or
``(III) by the complainant within
120 days after the date of filing the
complaint under paragraph (5), if the
Secretary has not issued a decision
under paragraph (5)(B).
``(ii) Reinstatement order.--The request
for a hearing shall not operate to stay any
preliminary reinstatement order issued under
paragraph (6).
``(B) Procedures.--
``(i) In general.--A hearing requested
under this paragraph shall be conducted
expeditiously and in accordance with rules
established by the Secretary for hearings
conducted by administrative law judges.
``(ii) Subpoenas; production of evidence.--
In conducting any such hearing, the
administrative law judge may issue subpoenas.
The respondent or complainant may request the
issuance of subpoenas that require the
deposition of, or the attendance and testimony
of, witnesses and the production of any
evidence (including any books, papers,
documents, or recordings) relating to the
matter under consideration.
``(iii) Decision.--The administrative law
judge shall issue a decision not later than 90
days after the date on which a hearing was
requested under this paragraph and promptly
notify, in writing, the parties and the
Secretary of such decision, including the
findings of fact and conclusions of law. If the
administrative law judge finds that a violation
of subsection (c)(1) or paragraph (2) of this
subsection has occurred, the judge shall issue
an order for relief under paragraph (14). If
review under paragraph (8) is not timely
requested, such order shall be deemed a final
order of the Secretary that is not subject to
judicial review.
``(8) Administrative appeal.--
``(A) In general.--Not later than 30 days after the
date of notification of a decision and order issued by
an administrative law judge under paragraph (7), the
complainant or respondent may file, with objections, an
administrative appeal with an administrative review
body designated by the Secretary (referred to in this
paragraph as the `review board').
``(B) Standard of review.--In reviewing the
decision and order of the administrative law judge, the
review board shall affirm the decision and order if it
is determined that the factual findings set forth
therein are supported by substantial evidence and the
decision and order are made in accordance with
applicable law.
``(C) Decisions.--If the review board grants an
administrative appeal, the review board shall issue a
final decision and order affirming or reversing, in
whole or in part, the decision under review by not
later than 90 days after receipt of the administrative
appeal. If it is determined that a violation of
subsection (c)(1) or paragraph (2) of this subsection
has occurred, the review board shall issue a final
decision and order providing relief authorized under
paragraph (14). Such decision and order shall
constitute final agency action with respect to the
matter appealed.
``(9) Settlement in the administrative process.--
``(A) In general.--At any time before issuance of a
final order, an investigation or proceeding under this
subsection may be terminated on the basis of a
settlement agreement entered into by the parties.
``(B) Public policy considerations.--Neither the
Secretary, an administrative law judge, nor the review
board conducting a hearing under this subsection shall
accept a settlement that contains conditions
conflicting with the rights protected under this Act or
that are contrary to public policy, including a
restriction on a complainant's right to future
employment with employers other than the specific
covered employers named in a complaint.
``(10) Inaction by the review board or administrative law
judge.--
``(A) In general.--The complainant may bring a de
novo action described in subparagraph (B) if--
``(i) an administrative law judge has not
issued a decision and order within the 90-day
time period required under paragraph
(7)(B)(iii); or
``(ii) the review board has not issued a
decision and order within the 90-day time
period required under paragraph (8)(C).
``(B) De novo action.--Such de novo action may be
brought at law or equity in the United States district
court for the district where a violation of subsection
(c)(1) or paragraph (2) of this subsection allegedly
occurred or where the complainant resided on the date
of such alleged violation. The court shall have
jurisdiction over such action without regard to the
amount in controversy and to order appropriate relief
under paragraph (14). Such action shall, at the request
of either party to such action, be tried by the court
with a jury.
``(11) Judicial review.--
``(A) Timely appeal to the court of appeals.--Any
party adversely affected or aggrieved by a final
decision and order issued under this subsection may
obtain review of such decision and order in the United
States Court of Appeals for the circuit where the
violation, with respect to which such final decision
and order was issued, allegedly occurred or where the
complainant resided on the date of such alleged
violation. To obtain such review, a party shall file a
petition for review not later than 60 days after the
final decision and order was issued. Such review shall
conform to chapter 7 of title 5, United States Code.
The commencement of proceedings under this subparagraph
shall not, unless ordered by the court, operate as a
stay of the final decision and order.
``(B) Limitation on collateral attack.--An order
and decision with respect to which review may be
obtained under subparagraph (A) shall not be subject to
judicial review in any criminal or other civil
proceeding.
``(12) Enforcement of order.--If a respondent fails to
comply with an order issued under this subsection, the
Secretary or the complainant on whose behalf the order was
issued may file a civil action for enforcement in the United
States district court for the district in which the violation
was found to occur to enforce such order. If both the Secretary
and the complainant file such action, the action of the
Secretary shall take precedence. The district court shall have
jurisdiction to grant all appropriate relief described in
paragraph (14).
``(13) Burdens of proof.--
``(A) Criteria for determination.--In making a
determination or adjudicating a complaint pursuant to
this subsection, the Secretary, administrative law
judge, review board, or a court may determine that a
violation of subsection (c)(1) or paragraph (2) of this
subsection has occurred only if the complainant
demonstrates that any conduct described in subsection
(c)(1) or paragraph (2) of this subsection with respect
to the complainant was a contributing factor in the
adverse action alleged in the complaint.
``(B) Prohibition.--Notwithstanding subparagraph
(A), a decision or order that is favorable to the
complainant shall not be issued in any administrative
or judicial action pursuant to this subsection if the
respondent demonstrates by clear and convincing
evidence that the respondent would have taken the same
adverse action in the absence of such conduct.
``(14) Relief.--
``(A) Order for relief.--If the Secretary,
administrative law judge, review board, or a court
determines that a covered employer has violated
subsection (c)(1) or paragraph (2) of this subsection,
the Secretary, administrative law judge, review board,
or court, respectively, shall have jurisdiction to
order all appropriate relief, including injunctive
relief, and compensatory and exemplary damages,
including--
``(i) affirmative action to abate the
violation;
``(ii) reinstatement without loss of
position or seniority, and restoration of the
terms, rights, conditions, and privileges
associated with the complainant's employment,
including opportunities for promotions to
positions with equivalent or better
compensation for which the complainant is
qualified;
``(iii) compensatory and consequential
damages sufficient to make the complainant
whole (including back pay, prejudgment
interest, and other damages); and
``(iv) expungement of all warnings,
reprimands, or derogatory references that have
been placed in paper or electronic records or
databases of any type relating to the actions
by the complainant that gave rise to the
unfavorable personnel action, and, at the
complainant's direction, transmission of a copy
of the decision on the complaint to any person
whom the complainant reasonably believes may
have received such unfavorable information.
``(B) Attorneys' fees and costs.--If the Secretary
or an administrative law judge, review board, or court
grants an order for relief under subparagraph (A), the
Secretary, administrative law judge, review board, or
court, respectively, shall assess, at the request of
the covered employee against the covered employer--
``(i) reasonable attorneys' fees; and
``(ii) costs (including expert witness
fees) reasonably incurred, as determined by the
Secretary, administrative law judge, review
board, or court, respectively, in connection
with bringing the complaint upon which the
order was issued.
``(15) Procedural rights.--The rights and remedies provided
for in this subsection may not be waived by any agreement,
policy, form, or condition of employment, including by any pre-
dispute arbitration agreement or collective bargaining
agreement.
``(16) Savings.--Nothing in this subsection shall be
construed to diminish the rights, privileges, or remedies of
any covered employee who exercises rights under any Federal or
State law or common law, or under any collective bargaining
agreement.
``(17) Election of venue.--
``(A) In general.--A covered employee of a covered
employer who is located in a State that has a State
plan approved under section 18 may file a complaint
alleging a violation of subsection (c)(1) or paragraph
(2) of this subsection by such employer with--
``(i) the Secretary under paragraph (5); or
``(ii) a State plan administrator in such
State.
``(B) Referrals.--If--
``(i) the Secretary receives a complaint
pursuant to subparagraph (A)(i), the Secretary
shall not refer such complaint to a State plan
administrator for resolution; or
``(ii) a State plan administrator receives
a complaint pursuant to subparagraph (A)(ii),
the State plan administrator shall not refer
such complaint to the Secretary for resolution.
``(18) Presumption of retaliation.--The Secretary shall
apply an unrebuttable presumption of retaliation in any
complaint initiated under paragraph (5) in which the Secretary
finds a covered employee suffers an adverse action within 90
days of the date on which the covered employee took any action
protected under subsection (c)(1) or raised any reasonable
apprehension under paragraph (2) of this subsection.
``(19) Supplement and not supplant.--The remedies provided
for under this subsection supplement, and do not supplant, the
private right of action under section 130 of the Protecting
America's Meatpacking Workers Act.
``(20) Definitions.--For purposes of this subsection and
subsection (c)--
``(A) the term `retaliate or discriminate against'
includes reporting, or threatening to report, to a
Federal, State, or local authority the suspected
citizenship or immigration status of a covered
employee, or of a family member of a covered employee,
because the covered employee raises a concern about
workplace health and safety practices or hazards; and
``(B) the term `family member', with respect to the
family member of a covered employee, means an
individual who--
``(i) is related to the covered employee by
blood, adoption, marriage, or domestic
partnership; and
``(ii) is a significant other, parent,
sibling, child, uncle, aunt, niece, nephew,
cousin, grandparent, or grandchild of the
covered employee.''.
(c) Relation to Enforcement.--Section 17(j) of such Act (29 U.S.C.
666(j)) is amended by inserting before the period the following: ``,
including the history of violations under subsection (c) or (d) of
section 11''.
SEC. 127. REGULATIONS TO RESTORE A COLUMN ON REQUIRED RECORDS OF WORK-
RELATED MUSCULOSKELETAL DISORDERS.
Not later than 1 year after the date of enactment of this Act, the
Secretary shall issue a final rule regarding matters pertaining to the
proposed rule issued by the Secretary on January 29, 2010, entitled
``Occupational Injury and Illness Recording and Reporting
Requirements'' (75 Fed. Reg. 4728).
SEC. 128. FUNDING FOR ADDITIONAL OSHA INSPECTORS.
Out of any amounts in the Treasury not otherwise appropriated,
there is appropriated $60,000,000 to the Secretary for each of fiscal
years 2024 through 2029, to remain available until expended for--
(1) the hiring of additional inspectors to carry out
inspections under section 8 of the Occupational Safety and
Health Act of 1970 (29 U.S.C. 657); and
(2) carrying out sections 6, 8, and 11 of the Occupational
Safety and Health Act of 1970 (29 U.S.C. 655; 657; and 660), as
amended by this Act.
SEC. 129. OSHA REPORTING.
(a) Definition of Pandemic.--In this section, the term ``pandemic''
means a public health emergency declared under section 319 of the
Public Health Service Act (42 U.S.C. 247d) with respect to a pandemic.
(b) Reporting During a Pandemic.--
(1) Standardized reporting.--
(A) In general.--The Secretary shall establish a
standardized process for covered establishments to
report, on a weekly basis during a pandemic, to the
Secretary information regarding infections and deaths
related to the pandemic. Such information shall
include--
(i) the number of employees on a weekly and
cumulative basis that have contracted the
disease resulting in the pandemic;
(ii) racial demographics of such employees;
and
(iii) the employment status of such
employees.
(B) Form and procedures.--
(i) COVID-19.--Not later than 7 days after
the date of enactment of this Act, the
Secretary shall issue reporting procedures
described in subparagraph (A), including forms
for such procedures, for reporting the
information described in such subparagraph
during the pandemic with respect to COVID-19.
(ii) Future pandemics.--Not later than 1
year after the date of enactment of this Act,
or 7 days following a declaration of a pandemic
other than COVID-19, whichever is sooner, the
Secretary shall issue reporting procedures
described in subparagraph (A), including forms
for such procedures, for pandemics other than
COVID-19.
(2) Public availability.--The Secretary shall make the
information reported under paragraph (1) available to the
public in a manner that facilitates public participation,
including by making such information available on its website
in a manner that maximizes public participation.
(3) Privacy.--A covered establishment, in reporting
information to the Secretary under paragraph (1), may not claim
confidential business information or patient privacy, except
that such an establishment may withhold the names of workers,
as a basis to withhold information.
(c) Disclosures to Employees.--A covered establishment shall
disclose to each employee or individual providing work for the
employer, including any individual providing such work through a
contract or subcontract, all chemicals used at the worksite where the
employee or individual provides such work. Such disclosure shall be
provided to the employee or individual in the native language of the
employee or individual.
SEC. 130. PRIVATE RIGHT OF ACTION.
(a) In General.--Any person aggrieved by the failure of a covered
establishment to comply with the Occupational Safety and Health Act of
1970 (29 U.S.C. 651 et seq.), including any regulation promulgated
pursuant to such Act, or to comply with this subtitle may file suit in
any district court of the United States having jurisdiction of the
parties, without respect to the amount in controversy and without
regard to the citizenship of the parties, or in any other court of
competent jurisdiction.
(b) Right of Recovery.--In an action brought by any aggrieved
person pursuant to this section, the person may recover equitable and
legal relief (including compensatory and punitive damages), attorney's
fees (including expert fees), and costs of the action.
(c) Action by the Secretary.--Any administrative enforcement by the
Secretary shall not preclude the relief afforded by this section or
otherwise deprive a court of jurisdiction.
SEC. 131. INJUNCTION PROCEEDINGS.
Section 13 of the Occupational Safety and Health Act of 1970 (29
U.S.C. 662) is amended--
(1) in subsection (a), by adding at the end the following:
``Any employee (or the representative of such employee) at a
place of employment subject to enforcement under this
subsection may unconditionally intervene as a matter of
right.''; and
(2) in subsection (d), by adding at the end the following:
``The right to judicial review provided in this subsection
shall extend to, and the district court shall have jurisdiction
to adjudicate, any action, inaction, or failure to act by the
Secretary with respect to an imminent danger regardless of
whether the Secretary, an inspector, or any other individual
determines the existence or absence of an imminent danger.''.
Subtitle D--Savings Provision
SEC. 136. SAVINGS PROVISION.
Nothing in title shall be construed to diminish the rights,
privileges, or remedies of any employee who exercises rights under any
Federal or State law or common law, or under any collective bargaining
agreement.
TITLE II--FARM SYSTEM REFORMS
SEC. 201. EXPANDED MEAT AND POULTRY PROCESSING GRANTS.
Section 764 of division N of the Consolidated Appropriations Act,
2021 (21 U.S.C. 473), is amended--
(1) in subsection (b)--
(A) in paragraph (2), by redesignating
subparagraphs (A) and (B) as clauses (i) and (ii),
respectively, and indenting appropriately;
(B) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively, and indenting
appropriately;
(C) in the matter preceding subparagraph (A) (as so
redesignated), by striking ``To be eligible'' and
inserting the following:
``(1) In general.--To be eligible'';
(D) in paragraph (1) (as so designated)--
(i) in the matter preceding subparagraph
(A) (as so redesignated), by striking ``shall
be--'' and inserting ``shall--'';
(ii) in subparagraph (A) (as so
redesignated)--
(I) by inserting ``be'' before ``in
operation''; and
(II) by striking ``and'' at the
end;
(iii) in subparagraph (B) (as so
redesignated)--
(I) in the matter preceding clause
(i) (as so redesignated), by striking
``seeking'' and inserting ``seek''; and
(II) in clause (ii) (as so
redesignated), by striking the period
at the end and inserting ``; and''; and
(iv) by adding at the end the following:
``(C) have a labor peace agreement in place.''; and
(E) by adding at the end the following:
``(2) Definition of labor peace agreement.--In this
subsection, the term `labor peace agreement' means an
agreement--
``(A) between an employer and a labor organization
that represents, or is actively seeking to represent,
the employees of the employer; and
``(B) under which such employer and labor
organization agree that--
``(i) the employer will not--
``(I) hinder any effort of an
employee to join a labor organization;
or
``(II) take any action that
directly or indirectly indicates or
implies any opposition to an employee
joining a labor organization;
``(ii) the labor organization agrees to
refrain from picketing, work stoppages, or
boycotts against the employer;
``(iii) the employer provides the labor
organization with employee contact information,
and facilitates or permits labor organization
access to employees at the workplace, including
facilitating or permitting the labor
organization to meet with employees to discuss
joining the labor organization; and
``(iv) the employer shall, upon the request
of the labor organization, recognize the labor
organization as the bargaining representative
of the employees if a majority of the employees
choose the labor organization as their
bargaining representative.'';
(2) in subsection (d)(2)--
(A) in subparagraph (A), by redesignating clauses
(i) and (ii) as subclauses (I) and (II), respectively,
and indenting appropriately;
(B) by redesignating subparagraphs (A) and (B) as
clauses (i) and (ii), respectively, and indenting
appropriately;
(C) in the matter preceding clause (i) (as so
redesignated), by striking ``recipient shall agree''
and inserting the following: ``recipient--
``(A) shall agree'';
(D) in subparagraph (A) (as so designated), in
clause (ii) (as so redesignated), by striking the
period at the end and inserting ``; and''; and
(E) by adding at the end the following:
``(B) shall not, for a period of 10 years following
the date of receipt of the grant, sell a slaughter or
processing facility to, or merge the slaughter or
processing facility with, a packer that owns more than
10 percent of the market share of meat and poultry
markets.''; and
(3) in subsection (f)--
(A) by striking ``Of the funds'' and inserting the
following:
``(1) In general.--Of the funds''; and
(B) by adding at the end the following:
``(2) Additional funding.--In addition to amounts made
available under paragraph (1), of the funds of the Treasury not
otherwise appropriated, there is appropriated to carry out this
section $100,000,000 for the period of fiscal years 2024
through 2033.''.
SEC. 202. LOCAL AGRICULTURE MARKET PROGRAM.
Section 210A(i)(1) of the Agricultural Marketing Act of 1946 (7
U.S.C. 1627c(i)(1)) is amended by striking ``fiscal year 2019'' and
inserting ``each of fiscal years 2023 and 2024, and $500,000,000 for
fiscal year 2025''.
SEC. 203. RESTORATION OF MANDATORY COUNTRY OF ORIGIN LABELING FOR BEEF
AND PORK; INCLUSION OF DAIRY PRODUCTS.
(a) Definitions.--Section 281 of the Agricultural Marketing Act of
1946 (7 U.S.C. 1638) is amended--
(1) by redesignating paragraphs (1), (2) through (5), (6),
and (7) as paragraphs (2), (4) through (7), (9), and (10),
respectively;
(2) by inserting before paragraph (2) (as so redesignated)
the following:
``(1) Beef.--The term `beef' means meat produced from
cattle (including veal).'';
(3) in paragraph (2) (as so redesignated)--
(A) in subparagraph (A)--
(i) in clause (i), by striking ``lamb'' and
inserting ``beef, lamb, pork,'';
(ii) in clause (ii), by striking ``ground
lamb'' and inserting ``ground beef, ground
lamb, ground pork,'';
(iii) in clause (x), by striking ``and'' at
the end;
(iv) in clause (xi), by striking the period
at the end and inserting ``; and''; and
(v) by adding at the end the following:
``(xii) dairy products.''; and
(B) in subparagraph (B), by inserting ``(other than
clause (xii) of that subparagraph)'' after
``subparagraph (A)'';
(4) by inserting after paragraph (2) (as so redesignated)
the following:
``(3) Dairy product.--The term `dairy product' means--
``(A) fluid milk;
``(B) cheese, including cottage cheese and cream
cheese;
``(C) yogurt;
``(D) ice cream;
``(E) butter; and
``(F) any other dairy product.''; and
(5) by inserting after paragraph (7) (as so redesignated)
the following:
``(8) Pork.--The term `pork' means meat produced from
hogs.''.
(b) Notice of Country of Origin.--Section 282(a) of the
Agricultural Marketing Act of 1946 (7 U.S.C. 1638a(a)) is amended by
adding at the end the following:
``(5) Designation of country of origin for dairy
products.--
``(A) In general.--A retailer of a covered
commodity that is a dairy product shall designate the
origin of the covered commodity as--
``(i) each country in which or from which
the 1 or more dairy ingredients or dairy
components of the covered commodity were
produced, originated, or sourced; and
``(ii) each country in which the covered
commodity was processed.
``(B) State, region, locality of the united
states.--With respect to a covered commodity that is a
dairy product produced exclusively in the United
States, designation by a retailer of the State, region,
or locality of the United States where the covered
commodity was produced shall be sufficient to identify
the United States as the country of origin.''.
SEC. 204. DEFINITIONS IN PACKERS AND STOCKYARDS ACT, 1921.
Section 2(a) of the Packers and Stockyards Act, 1921 (7 U.S.C.
182(a)), is amended--
(1) in paragraph (8), by striking ``for slaughter'' and all
that follows through ``of such poultry'' and inserting ``under
a poultry growing arrangement, regardless of whether the
poultry is owned by that person or another person'';
(2) in paragraph (9), by striking ``and cares for live
poultry for delivery, in accord with another's instructions,
for slaughter'' and inserting ``or cares for live poultry in
accordance with the instructions of another person'';
(3) in each of paragraphs (1) through (9), by striking the
semicolon at the end and inserting a period;
(4) in paragraph (10)--
(A) by striking ``for the purpose of either
slaughtering it or selling it for slaughter by
another''; and
(B) by striking ``; and'' at the end and inserting
a period; and
(5) by adding at the end the following:
``(15) Formula price.--
``(A) In general.--The term `formula price' means
any price term that establishes a base from which a
purchase price is calculated on the basis of a price
that will not be determined or reported until a date
that is after the date on which the forward price is
established.
``(B) Exclusion.--The term `formula price' does not
include--
``(i) any price term that establishes a
base from which a purchase price is calculated
on the basis of a futures market price; or
``(ii) any adjustment to the base for
quality, grade, or other factors relating to
the value of livestock or livestock products
that are readily verifiable market factors and
are outside the control of the packer.
``(16) Forward contract.--The term `forward contract' means
an oral or written contract for the purchase of livestock that
provides for the delivery of the livestock to a packer at a
date that is more than 7 days after the date on which the
contract is entered into, without regard to whether the
contract is for--
``(A) a specified lot of livestock; or
``(B) a specified number of livestock over a
certain period of time.''.
SEC. 205. UNLAWFUL PRACTICES.
(a) In General.--Section 202 of the Packers and Stockyards Act,
1921 (7 U.S.C. 192), is amended--
(1) by redesignating subsections (a) through (f) and (g) as
paragraphs (1) through (6) and (10), respectively, and
indenting appropriately;
(2) by striking the section designation and all that
follows through ``It shall be'' in the matter preceding
paragraph (1) (as so redesignated) and inserting the following:
``SEC. 202. UNLAWFUL ACTS.
``(a) In General.--It shall be'';
(3) in subsection (a)--
(A) in the matter preceding paragraph (1) (as so
redesignated), by striking ``to:'' and inserting ``to
do any of the following:'';
(B) in each of paragraphs (1) through (6) (as so
redesignated), by striking ``; or'' each place it
appears and inserting a period;
(C) in paragraph (6) (as so redesignated)--
(i) by striking ``(1)'' and inserting
``(A)'';
(ii) by striking ``(2)'' and inserting
``(B)''; and
(iii) by striking ``(3)'' and inserting
``(C)'';
(D) by inserting after paragraph (6) the following:
``(7) Use, in effectuating any sale of livestock, a forward
contract that--
``(A) does not contain a firm base price that may
be equated to a fixed dollar amount on the date on
which the forward contract is entered into;
``(B) is not offered for bid in an open, public
manner under which--
``(i) buyers and sellers have the
opportunity to participate in the bid;
``(ii) more than 1 blind bid is solicited;
and
``(iii) buyers and sellers may witness bids
that are made and accepted;
``(C) is based on a formula price; or
``(D) provides for the sale of livestock in a
quantity in excess of--
``(i) in the case of cattle, 40 cattle;
``(ii) in the case of swine, 30 swine; and
``(iii) in the case of another type of
livestock, a comparable quantity of that type
of livestock, as determined by the Secretary.
``(8) Own or feed livestock directly, through a subsidiary,
or through an arrangement that gives a packer operational,
managerial, or supervisory control over the livestock, or over
the farming operation that produces the livestock, to such an
extent that the producer of the livestock is not materially
participating in the management of the operation with respect
to the production of the livestock, except that this paragraph
shall not apply to--
``(A) an arrangement entered into not more than 7
business days before slaughter of the livestock by a
packer, a person acting through the packer, or a person
that directly or indirectly controls, or is controlled
by or under common control with, the packer;
``(B) a cooperative or entity owned by a
cooperative, if a majority of the ownership interest in
the cooperative is held by active cooperative members
that--
``(i) own, feed, or control the livestock;
and
``(ii) provide the livestock to the
cooperative for slaughter;
``(C) a packer that is not required to report to
the Secretary on each reporting day (as defined in
section 212 of the Agricultural Marketing Act of 1946
(7 U.S.C. 1635a)) information on the price and quantity
of livestock purchased by the packer; or
``(D) a packer that owns only 1 livestock
processing plant.
``(9) Take any action that adversely affects or is likely
to adversely affect competition, regardless of whether there is
a business justification for the action.''; and
(E) in paragraph (10) (as so redesignated), by
striking ``subdivision (a), (b), (c), (d), or (e)'' and
inserting ``paragraphs (1) through (9)''; and
(4) by adding at the end the following:
``(b) Unfair, Discriminatory, and Deceptive Practices and
Devices.--Acts by a packer, swine contractor, or live poultry dealer
that violate subsection (a)(1) include the following:
``(1) Refusal to provide, on the request of a livestock
producer, swine production contract grower, or poultry grower
with which the packer, swine contractor, or live poultry dealer
has a marketing or delivery contract, the relevant statistical
information and data used to determine the compensation paid to
the livestock producer, swine production contract grower, or
poultry grower, as applicable, under the contract, including--
``(A) feed conversion rates by house, lot, or pen;
``(B) feed analysis;
``(C) breeder history;
``(D) quality grade;
``(E) yield grade; and
``(F) delivery volume for any certified branding
program (such as programs for angus beef or certified
grassfed or Berkshire pork).
``(2) Conduct or action that limits or attempts to limit by
contract the legal rights and remedies of a livestock producer,
swine production contract grower, or poultry grower, including
the right--
``(A) to a trial by jury, unless the livestock
producer, swine production contract grower, or poultry
grower, as applicable, is voluntarily bound by an
arbitration provision in a contract;
``(B) to pursue all damages available under
applicable law; and
``(C) to seek an award of attorneys' fees, if
available under applicable law.
``(3) Termination of a poultry growing arrangement or swine
production contract with no basis other than an allegation that
the poultry grower or swine production contract grower failed
to comply with an applicable law, rule, or regulation.
``(4) A representation, omission, or practice that is
likely to mislead a livestock producer, swine production
contract grower, or poultry grower regarding a material
condition or term in a contract or business transaction.
``(c) Undue or Unreasonable Preferences, Advantages, Prejudices,
and Disadvantages.--
``(1) In general.--Acts by a packer, swine contractor, or
live poultry dealer that violate subsection (a)(2) include the
following:
``(A) A retaliatory action (including coercion or
intimidation) or the threat of retaliatory action--
``(i) in connection with the execution,
termination, extension, or renewal of a
contract or agreement with a livestock
producer, swine production contract grower, or
poultry grower aimed to discourage the exercise
of the rights of the livestock producer, swine
production contract grower, or poultry grower
under this Act or any other law; and
``(ii) in response to lawful communication
(including as described in paragraph (2)),
association, or assertion of rights by a
livestock producer, swine production contract
grower, or poultry grower.
``(B) Use of the tournament system for poultry as
described in paragraph (3).
``(2) Lawful communication described.--A lawful
communication referred to in paragraph (1)(A)(ii) includes--
``(A) 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 or any
other law; and
``(C) any other communication that assists in
carrying out the purposes of this Act.
``(3) Use of tournament system for poultry.--
``(A) In general.--Subject to subparagraph (B), a
live poultry dealer shall be in violation of subsection
(a)(2) if the live poultry dealer determines the
formula for calculating the pay of a poultry grower in
a tournament group by comparing the performance of the
birds of other poultry growers in the group using
factors outside the control of the poultry grower and
within the control of the live poultry dealer.
``(B) Exception.--Under subparagraph (A), a live
poultry dealer shall not be found in violation of
subsection (a)(2) if the live poultry dealer
demonstrates through clear and convincing evidence that
the inputs and services described in subparagraph (C)
that were used in the comparative evaluation were
substantially the same in quality, quantity, and
timing, as applicable, for all poultry growers in the
tournament group.
``(C) Inputs and services described.--The inputs
and services referred to in subparagraph (B) include,
with respect to poultry growers in the same tournament
group--
``(i) the quantity, breed, sex, and age of
chicks delivered to each poultry grower;
``(ii) the breed and age of the breeder
flock from which chicks are drawn for each
poultry grower;
``(iii) the quality, type (such as starter
feed), and quantity of feed delivered to each
poultry grower;
``(iv) the quality of and access to
medications for the birds of each poultry
grower;
``(v) the number of birds in a flock
delivered to each poultry grower;
``(vi) the timing of the pick-up of birds
for processing (including the age of the birds
and the number of days that the birds are in
the care of the poultry grower) for each
poultry grower;
``(vii) the death loss of birds during
pick-up, transport, and time spent at the
processing plant for each poultry grower;
``(viii) condemnations of parts of birds
due to actions in processing for each poultry
grower;
``(ix) condemnations of whole birds due to
the fault of the poultry grower;
``(x) the death loss of birds due to the
fault of the poultry grower;
``(xi) the stated reasons for the cause of
the death losses and condemnations described in
clauses (vii) through (x);
``(xii) the type and classification of each
poultry grower; and
``(xiii) any other input or service that
may have an impact on feed conversion to weight
gain efficiency or the life span of the birds
of each poultry grower.
``(d) Harm to Competition Not Required.--In determining whether an
act, device, or conduct is a violation under paragraph (1) or (2) of
subsection (a), a finding that the act, device, or conduct adversely
affected or is likely to adversely affect competition is not
required.''.
(b) Effective Date.--
(1) In general.--Subject to paragraph (2), paragraph (8) of
section 202(a) of the Packers and Stockyards Act, 1921 (7
U.S.C. 192) (as designated by subsection (a)(2)), shall take
effect on the date of enactment of this Act.
(2) Transition rules.--In the case of a packer that, on the
date of enactment of this Act, owns, feeds, or controls
livestock intended for slaughter in violation of paragraph (8)
of section 202(a) of the Packers and Stockyards Act, 1921 (7
U.S.C. 192) (as designated by subsection (a)(2)), that
paragraph shall take effect--
(A) in the case of a packer of swine, beginning on
the date that is 18 months after the date of enactment
of this Act; and
(B) in the case of a packer of any other type of
livestock, beginning not later than 180 days after the
date of enactment of this Act, as determined by the
Secretary.
SEC. 206. SPOT MARKET PURCHASES OF LIVESTOCK BY PACKERS.
The Packers and Stockyards Act, 1921, is amended by inserting after
section 202 (7 U.S.C. 192) the following:
``SEC. 202A. SPOT MARKET PURCHASES OF LIVESTOCK BY PACKERS.
``(a) Definitions.--In this section:
``(1) Covered packer.--
``(A) In general.--The term `covered packer' means
a packer that is required under subtitle B of the
Agricultural Marketing Act of 1946 (7 U.S.C. 1635 et
seq.) to report to the Secretary each reporting day
information on the price and quantity of livestock
purchased by the packer.
``(B) Exclusion.--The term `covered packer' does
not include a packer that owns only 1 livestock
processing plant.
``(2) Nonaffiliated producer.--The term `nonaffiliated
producer' means a producer of livestock--
``(A) that sells livestock to a packer;
``(B) that has less than 1 percent equity interest
in the packer;
``(C) that has no officers, directors, employees,
or owners that are officers, directors, employees, or
owners of the packer;
``(D) that has no fiduciary responsibility to the
packer; and
``(E) in which the packer has no equity interest.
``(3) Spot market sale.--
``(A) In general.--The term `spot market sale'
means a purchase and sale of livestock by a packer from
a producer--
``(i) under an agreement that specifies a
firm base price that may be equated with a
fixed dollar amount on the date the agreement
is entered into;
``(ii) under which the livestock are
slaughtered not more than 7 days after the date
on which the agreement is entered into; and
``(iii) under circumstances in which a
reasonable competitive bidding opportunity
exists on the date on which the agreement is
entered into.
``(B) Reasonable competitive bidding opportunity.--
For the purposes of subparagraph (A)(iii), a reasonable
competitive bidding opportunity shall be considered to
exist if--
``(i) no written or oral agreement
precludes the producer from soliciting or
receiving bids from other packers; and
``(ii) no circumstance, custom, or practice
exists that--
``(I) establishes the existence of
an implied contract (as determined in
accordance with the Uniform Commercial
Code); and
``(II) precludes the producer from
soliciting or receiving bids from other
packers.
``(b) General Rule.--Of the quantity of livestock that is
slaughtered by a covered packer during each reporting day in each
plant, the covered packer shall slaughter not less than the applicable
percentage specified in subsection (c) of the quantity through spot
market sales from nonaffiliated producers.
``(c) Applicable Percentages.--
``(1) In general.--Except as provided in paragraph (2), the
applicable percentage shall be 50 percent.
``(2) Exceptions.--In the case of a covered packer that
reported to the Secretary in the 2020 annual report that more
than 60 percent of the livestock of the covered packer were
committed procurement livestock, the applicable percentage
shall be the greater of--
``(A) the difference between the percentage of
committed procurement so reported and 100 percent; and
``(B)(i) during each of calendar years 2024 and
2025, 20 percent;
``(ii) during each of calendar years 2026 and 2027,
30 percent; and
``(iii) during calendar year 2028 and each calendar
year thereafter, 50 percent.
``(d) Nonpreemption.--This section does not preempt any requirement
of a State or political subdivision of a State that requires a covered
packer to purchase on the spot market a greater percentage of the
livestock purchased by the covered packer than is required under this
section.''.
SEC. 207. INVESTIGATION OF LIVE POULTRY DEALERS.
(a) Administrative Enforcement Authority Over Live Poultry
Dealers.--Sections 203, 204, and 205 of the Packers and Stockyards Act,
1921 (7 U.S.C. 193, 194, 195), are amended by inserting ``, live
poultry dealer,'' after ``packer'' each place it appears.
(b) Authority To Request Temporary Injunction or Restraining
Order.--Section 408(a) of the Packers and Stockyards Act, 1921 (7
U.S.C. 228a(a)), is amended by inserting ``or poultry care'' after ``on
account of poultry''.
(c) Violations by Live Poultry Dealers.--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 striking
``any provision of section 207 or section 410 of''; and
(2) in subsection (b), in the first sentence, by striking
``any provisions of section 207 or section 410'' and inserting
``any provision''.
SEC. 208. AWARD OF ATTORNEY FEES.
Section 204 of the Packers and Stockyards Act, 1921 (7 U.S.C. 194),
is amended by adding at the end the following:
``(i) Attorney's Fee.--The court shall award a reasonable
attorney's fee as part of the costs to a prevailing plaintiff in a
civil action under this section.''.
SEC. 209. TECHNICAL AMENDMENTS.
(a) Section 203 of the Packers and Stockyards Act, 1921 (7 U.S.C.
193), is amended--
(1) in subsection (a), in the first sentence--
(A) by striking ``he shall cause'' and inserting
``the Secretary shall cause''; and
(B) by striking ``his charges'' and inserting ``the
charges'';
(2) in subsection (b), in the first sentence, by striking
``he shall make a report in writing in which he shall state his
findings'' and inserting ``the Secretary shall make a report in
writing in which the Secretary shall state the findings of the
Secretary''; and
(3) in subsection (c), by striking ``he'' and inserting
``the Secretary''.
(b) Section 204 of the Packers and Stockyards Act, 1921 (7 U.S.C.
194), is amended--
(1) in subsection (a), by striking ``he has his'' and
inserting ``the packer, live poultry dealer, or swine
contractor has the'';
(2) in subsection (c), by striking ``his officers,
directors, agents, and employees'' and inserting ``the
officers, directors, agents, and employees of the packer, live
poultry dealer, or swine packer'';
(3) in subsection (f), in the second sentence--
(A) by striking ``his findings'' and inserting
``the findings of the Secretary''; and
(B) by striking ``he'' and inserting ``the
Secretary''; and
(4) in subsection (g), by striking ``his officers,
directors, agents, and employees'' and inserting ``the
officers, directors, agents, and employees of the packer, live
poultry dealer, or swine packer''.
TITLE III--GAO REPORTS
SEC. 301. REVIEW AND REPORT ON FRAGILITY AND NATIONAL SECURITY IN THE
FOOD SYSTEM.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Comptroller General of the United States
shall carry out, and submit to Congress a report containing, a review
of the fragility of the food system in the United States with respect
to meat and poultry.
(b) Requirements.--The report under subsection (a) shall include
information on, and an analysis of--
(1) the reach of corporate consolidation and corporate
control of the meat and poultry supply chain, including animal
feed, inputs for animal feed, processing, and distribution;
(2) the effects of corporate consolidation and corporate
control of the meat and poultry supply chain on--
(A) consumers, farmers, rural communities, and meat
and poultry processing workers;
(B) greenhouse gas emissions, climate change, and
costs borne by communities to adapt to climate change;
(C) water quality, soil quality, air quality, and
biodiversity; and
(D) politics and political lobbying;
(3)(A) the extent to which Department of Agriculture rules
and regulations designed for large covered establishments are
applied to small- and medium-sized covered establishments; and
(B) the need for the Secretary of Agriculture to adapt
rules and regulations to benefit small- and medium-sized
covered establishments;
(4) the effects of the COVID-19 pandemic on meat and
poultry exports, meat and poultry cold storage inventories,
processing rates of meat and poultry, and the net profits
earned by owners of covered establishments;
(5) the effect of the COVID-19 pandemic on meat and poultry
prices paid--
(A) to farmers; and
(B) by consumers;
(6) Federal support for the corporations that control the
largest percentage of the meat and poultry industry through
contracts, procurement, subsidies, and other mechanisms;
(7) the risk of disruption caused by corporate
consolidation among covered establishments, including an
analysis of food supply chain issues resulting from the COVID-
19 pandemic; and
(8) the extent to which breaking up the meat packing
oligopoly would increase food system resiliency for the next
pandemic.
SEC. 302. REVIEW AND REPORT ON RACIAL AND ETHNIC DISPARITIES IN MEAT
AND POULTRY PROCESSING.
Not later than 180 days after the date of enactment of this Act,
the Comptroller General of the United States shall carry out, and
submit to Congress, a report on racial and ethnic disparities in the
meat and poultry processing sector. Such report shall contain a review
of each of the following:
(1) The impacts of working in covered establishments to
individuals working at such establishments who are employees,
temporary workers, incarcerated workers, noncitizen workers
admitted to the United States as nonimmigrants described in
section 101(a)(15)(H)(ii)(b) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(15)(H)(ii)(b)) or as refugees under
section 207 of that Act (8 U.S.C. 1157), or noncitizen workers
who are not lawfully present in the United States. Such review
shall include a review of--
(A) workplace injuries, including repetitive
musculoskeletal injuries, of such individuals;
(B) psychological and mental health conditions of
such individuals;
(C) exposure of such individuals to chemicals or
other potential carcinogens and reproductive toxins;
(D) any physical or mental abuse, including sexual
harassment, of such individuals by co-workers or
managers;
(E) the risk of exposure to SARS-CoV-2 for such
individuals;
(F) the extent to which such individuals are unable
to seek appropriate relief for workplace injuries,
abuse, and protection from exposure to SARS-CoV-2
during the COVID-19 emergency for fear of retaliation;
and
(G) COVID-19 deaths and illnesses of such
individuals, including the short- and long-term effects
of COVID-19 for such individuals.
(2) The racial demographics and use of temporary workers to
outsource the responsibility of covered establishments to
provide a safe workplace.
(3) The racial demographics and use of incarcerated workers
in covered establishments, including--
(A) the extent to which such workers have a choice
in working at covered establishments;
(B) the use of such workers to outsource the
responsibility of covered establishments to provide a
safe workplace;
(C) the use of such workers to outsource the
responsibility of covered establishments to provide
fair compensation; and
(D) the use of such workers by covered
establishments to externalize employee cost.
(4) The racial demographics and use of noncitizen workers
admitted to the United States as nonimmigrants described in
section 101(a)(15)(H)(ii)(b) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(15)(H)(ii)(b)) or as refugees under
section 207 of that Act (8 U.S.C. 1157) at covered
establishments, including--
(A) the extent to which predatory practices, such
as limiting the ability of such workers to choose and
move between competing organizations, are utilized by
covered establishments with respect to such workers;
(B) the extent to which such workers are unable to
speak out for fear of retaliation; and
(C) the extent to which there is full transparency
about the nature of employment of such workers prior to
being hired.
(5) The racial demographics and use of noncitizen workers
who are not lawfully present in the United States at covered
establishments, including--
(A) the extent to which such workers are unable to
speak out for fear of retaliation; and
(B) whether any collusion between Federal
immigration offices and covered establishments have the
effect of intimidating and silencing such workers.
SEC. 303. GAO REPORT ON LINE SPEEDS.
(a) In General.--Not later than 90 days after the end of the
covered period, the Comptroller General of the United States shall
carry out, and submit to Congress a report containing, a review of the
actions taken by the Secretary, the Secretary of Labor, and the
Secretary of Health and Human Services in response to the COVID-19
pandemic to determine the effectiveness of those actions in protecting
animal, food, and worker safety.
(b) Contents.--The review carried out under subsection (a) shall
include information on, and an analysis of, with respect to covered
establishments--
(1) all policies and regulations relating to inspection of
those establishments that have been implemented by the
Secretary, the Secretary of Labor, and the Secretary of Health
and Human Services during the COVID-19 emergency and the
covered period;
(2) the pandemic emergency preparedness plans of those
establishments;
(3) the extent to which those establishments have
implemented guidance and recommendations to space workers 6
feet apart on production lines and in break rooms, locker
rooms, and all other workspaces;
(4) the extent to which those establishments maintain
policies and procedures that discourage workers from reporting
exposure, seeking treatment, or remaining in isolation,
including--
(A) bonus or work incentive programs; and
(B) sick leave that does not cover the full pay of
a worker;
(5) the extent to which those establishments provide
communications and training about COVID-19 in a language and at
a literacy level workers understand;
(6)(A) the quantity and quality of face masks and personal
protective equipment, such as face shields and respirators,
made available to workers at those establishments;
(B) whether the face masks and personal protective
equipment are provided to the workers free of charge; and
(C) usage of the face masks and personal protective
equipment by the workers;
(7) any guidance provided to inspectors of those
establishments by the Secretary, the Secretary of Labor, or the
Secretary of Health and Human Services during the COVID-19
emergency;
(8) actions taken by the Secretary, the Secretary of Labor,
and the Secretary of Health and Human Services to protect
workers, animals, and food at establishments that have reported
cases of COVID-19;
(9) all humane handling reports issued, and enforcement
actions taken, by the Secretary during the COVID-19 emergency
pursuant to--
(A) Public Law 85-765 (commonly known as the
``Humane Methods of Slaughter Act of 1958'') (7 U.S.C.
1901 et seq.); and
(B) good commercial practices regulations
promulgated under the Poultry Products Inspection Act
(21 U.S.C. 451 et seq.);
(10) the impact of faster line speeds on the ability of
those establishments to maintain protections for workers;
(11) any instance of interference by a Federal agency with
the contents of any report of findings based on a review of a
covered establishment experiencing an outbreak of COVID-19
conducted by personnel of the Centers for Disease Control and
Prevention; and
(12) any instance of interference by a Federal agency with
the recommended actions of a State or local health department
to close a covered facility experiencing COVID-19-related
deaths and disease.
<all>