[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6250 Introduced in House (IH)]

<DOC>






117th CONGRESS
  1st Session
                                H. R. 6250

To improve protections for meatpacking workers, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           December 13, 2021

 Mr. Khanna (for himself and Mr. Blumenauer) introduced the following 
   bill; which was referred to the Committee on Agriculture, and in 
   addition to the Committees on Education and Labor, Oversight and 
  Reform, 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 2021''.
    (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 2022 through 2027, 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 2022 
        through 2031.''.

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 2019 and 2020, and $500,000,000 for 
fiscal year 2021''.

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 2018 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 2020 and 
                2021, 20 percent;
                    ``(ii) during each of calendar years 2022 and 2023, 
                30 percent; and
                    ``(iii) during calendar year 2024 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.
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