[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4338 Introduced in Senate (IS)]

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116th CONGRESS
  2d Session
                                S. 4338

To direct the Secretary of Agriculture to temporarily suspend increased 
line speeds at meat and poultry establishments, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 28, 2020

 Mr. Booker (for himself, Mr. Blumenthal, Mr. Merkley, Mrs. Feinstein, 
Ms. Warren, Mr. Sanders, and Ms. Harris) introduced the following bill; 
  which was read twice and referred to the Committee on Agriculture, 
                        Nutrition, and Forestry

_______________________________________________________________________

                                 A BILL


 
To direct the Secretary of Agriculture to temporarily suspend increased 
line speeds at meat and poultry establishments, 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.

    This Act may be cited as the ``Safe Line Speeds During COVID-19 Act 
of 2020''.

SEC. 2. TEMPORARY SUSPENSION OF INCREASED LINE SPEEDS AT MEAT AND 
              POULTRY ESTABLISHMENTS.

    (a) Definitions.--In this section:
            (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) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture.
    (b) Temporary Suspension of 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)), during the covered period, the Secretary, acting 
        through the Administrator of the Food Safety and Inspection 
        Service--
                    (A) shall suspend any waivers issued before the 
                date of enactment of this Act relating to--
                            (i) line speeds at covered establishments; 
                        and
                            (ii) inspection staffing requirements for 
                        covered establishments;
                    (B) shall not issue any waiver described in 
                subparagraph (A) to covered establishments; and
                    (C) shall suspend implementation of, and conversion 
                to, the New Swine Slaughter Inspection System described 
                in the final rule entitled ``Modernization of Swine 
                Slaughter Inspection'' (84 Fed. Reg. 52300 (October 1, 
                2019)).
            (2) 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.
            (3) 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) GAO Review.--
            (1) 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 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.
            (2) Contents.--The review carried out under paragraph (1) 
        shall include information on, and an analysis of, with respect 
        to covered establishments--
                    (A) 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;
                    (B) the pandemic emergency preparedness plans of 
                those establishments;
                    (C) 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;
                    (D) the quantity and usage of personal protective 
                equipment by workers at those establishments;
                    (E) any guidance provided to inspectors of those 
                establishments by the Secretary, Secretary of Labor, or 
                the Secretary of Health and Human Services during the 
                COVID-19 emergency;
                    (F) 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;
                    (G) all humane handling reports issued, and 
                enforcement actions taken, by the Secretary during the 
                COVID-19 emergency pursuant to--
                            (i) Public Law 85-765 (commonly known as 
                        the ``Humane Methods of Slaughter Act of 
                        1958'') (7 U.S.C. 1901 et seq.); and
                            (ii) good commercial practices regulations 
                        promulgated under the Poultry Products 
                        Inspection Act (21 U.S.C. 451 et seq.);
                    (H) the impact of faster line speeds on the ability 
                of those establishments to maintain protections for 
                workers; and
                    (I) any instance of interference by a Federal 
                agency with a review of a covered establishment 
                experiencing an outbreak of COVID-19 conducted by 
                personnel of the Centers for Disease Control and 
                Prevention.
    (d) Reports to Congress.--Not later than December 31, 2020, the 
Secretary, the Secretary of Labor, and the Secretary of Health and 
Human Services shall each submit to the Committees on Agriculture, 
Nutrition, and Forestry and Health, Education, Labor, and Pensions of 
the Senate, and the Committees on Agriculture and Education and Labor 
of the House of Representatives, a report that--
            (1) describes the actions taken by that Secretary to ensure 
        worker, animal, and food safety during the COVID-19 emergency; 
        and
            (2) includes an analysis of the issues described in 
        subparagraphs (A) through (H) of subsection (c)(2).
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