[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 5138 Introduced in Senate (IS)]

<DOC>






117th CONGRESS
  2d Session
                                S. 5138

   To establish the Office of High-Risk AFO Disaster Mitigation and 
 Enforcement in the Department of Agriculture, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 29, 2022

  Mr. Booker introduced the following bill; which was read twice and 
   referred to the Committee on Agriculture, Nutrition, and Forestry

_______________________________________________________________________

                                 A BILL


 
   To establish the Office of High-Risk AFO Disaster Mitigation and 
 Enforcement in the Department of Agriculture, 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 ``Industrial 
Agriculture Accountability Act of 2022''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definition of Secretary.
Sec. 3. Findings.
       TITLE I--HIGH-RISK AFO DISASTER MITIGATION AND ENFORCEMENT

Sec. 101. Definitions.
                 Subtitle A--Department of Agriculture

Sec. 111. Office of High-Risk AFO Disaster Mitigation and Enforcement.
Sec. 112. Registration of high-risk AFOs.
Sec. 113. Covered industrial operator responsibilities and liabilities.
Sec. 114. Restriction on certain methods of depopulation.
Sec. 115. Reports.
Sec. 116. Civil actions.
                    Subtitle B--Department of Labor

Sec. 121. Definitions.
Sec. 122. Minimum labor standards for covered workers and affected 
                            contract growers.
Sec. 123. Prohibition on the use of incarcerated workers.
                   TITLE II--GRANT AND PILOT PROGRAMS

Sec. 201. Definitions.
Sec. 202. Controlled-atmosphere stunning transition program.
Sec. 203. Pilot program for increased accessibility to inspection and 
                            technical assistance for eligible 
                            processing facilities.
                   TITLE III--HUMANE HANDLING REFORMS

                         Subtitle A--Transport

Sec. 311. Transportation of livestock and poultry.
Sec. 312. Higher-welfare transport research funding.
                  Subtitle B--Nonambulatory Livestock

Sec. 321. Unlawful slaughter practices involving nonambulatory 
                            livestock.
Sec. 322. Unlawful use of drugs contributing to nonambulatory 
                            conditions.
Sec. 323. Inclusion of poultry in Humane Methods of Slaughter Act.
                        Subtitle C--Inspections

Sec. 331. Definitions.
Sec. 332. Ending dangerous higher-speed slaughter and self-inspection 
                            systems.
Sec. 333. Funding for additional OSHA inspectors.
Sec. 334. Funding for additional FSIS inspectors.

SEC. 2. DEFINITION OF SECRETARY.

    In this Act, the term ``Secretary'' means the Secretary of 
Agriculture.

SEC. 3. FINDINGS.

    Congress finds that--
            (1) factory farms owned or controlled by industrial 
        operators--
                    (A) lack systemic resilience;
                    (B) present significant risks, particularly in the 
                event of a disaster; and
                    (C) negatively impact--
                            (i) farmed animals, who suffer tremendously 
                        from cruel depopulation methods and without 
                        meaningful disaster mitigation efforts;
                            (ii) meat and poultry processing workers, 
                        who are subjected to exploitative conditions 
                        and abusive behavior by employers in 
                        depopulation situations--
                                    (I) including--
                                            (aa) being required to 
                                        spend long hours, over days or 
                                        weeks, mass-killing farmed 
                                        animals; and
                                            (bb) being terminated 
                                        following the completion of a 
                                        depopulation event, without 
                                        financial support; and
                                    (II) that lead to long-term 
                                psychological impacts, including 
                                increased feelings of anger and stress; 
                                and
                            (iii) neighboring communities and the 
                        environment, including through--
                                    (I) flood waters overrunning manure 
                                lagoons resulting in ecological 
                                degradation in the form of soil, 
                                surface, and groundwater contamination;
                                    (II) algae blooms; and
                                    (III) wildlife population crashes;
            (2)(A) since 2019, more than 60,000,000 poultry and 
        10,000,000 swine have been depopulated; and
            (B) those massive cullings are often conducted using 
        incredibly inhumane practices including ventilation shutdown, 
        ventilation shutdown plus, sodium nitrite poisoning, and water-
        based foaming (as those terms are defined in section 114(a));
            (3) since 2019, industrial operators put slaughterhouse 
        workers in jeopardy and cost taxpayers millions of dollars;
            (4) industrial operators continue to experience record 
        profits, including a 300-percent growth in profits during the 
        COVID-19 pandemic;
            (5) industrial operators have created a system that allows 
        for the inhumane handling of nonambulatory livestock (as 
        defined in section 3(a) of Public Law 85-765 (commonly known as 
        the ``Humane Methods of Slaughter Act of 1958'')) that causes 
        needless suffering, unsafe working conditions, and the spread 
        of foodborne and zoonotic diseases;
            (6) industrial operators have abused the use of certain 
        drugs that increase the risk of livestock becoming 
        nonambulatory livestock (as so defined);
            (7) slaughterhouse deregulation and decreased Federal 
        oversight of meat and poultry slaughter pose significant risks 
        to workers, consumers, and animals;
            (8) Federal humane slaughter laws currently exempt 98 
        percent of animals slaughtered for food;
            (9) current Federal animal transport laws are ineffective 
        and inherently cruel; and
            (10) Federal support is needed to create a level playing 
        field for farmers engaged in higher-welfare practices who are 
        struggling to compete in a highly monopolized market controlled 
        by industrial operators.

       TITLE I--HIGH-RISK AFO DISASTER MITIGATION AND ENFORCEMENT

SEC. 101. DEFINITIONS.

    In this title:
            (1) Animal feeding operation; afo.--
                    (A) In general.--The term ``animal feeding 
                operation'' or ``AFO'' means a single lot or facility 
                at which--
                            (i) for not less than a total of 45 days in 
                        any 12-month period, animals (other than 
                        aquatic animals) are--
                                    (I) stabled or confined; and
                                    (II) fed or maintained; and
                            (ii) crops, vegetation, forage growth, or 
                        postharvest residues are not sustained in the 
                        normal growing season over any portion of the 
                        lot or facility.
                    (B) Multiple lots.--For purposes of subparagraph 
                (A), 2 or more lots or facilities described in that 
                subparagraph shall be considered to be a single animal 
                feeding operation if the lots or facilities--
                            (i) are located within 3 miles of each 
                        other; and
                            (ii) are under common ownership or control.
                    (C) Exclusion.--The term ``animal feeding 
                operation'' or ``AFO'' does not include a pasture-based 
                livestock or poultry production system in which 
                animals--
                            (i) are primarily raised on pasture, 
                        grassland, or other vegetative environments;
                            (ii) have the ability to exercise species-
                        specific natural behaviors; and
                            (iii) have access to appropriate shelter, 
                        healthy vegetation, potable water, and adequate 
                        protection from predators.
            (2) Covered industrial operator.--The term ``covered 
        industrial operator'' means an individual or entity that owns 
        or controls not less than the following number of livestock or 
        poultry, as applicable, that are housed in an AFO at a single 
        point in time:
                    (A) 2,500 swine.
                    (B) 30,000 turkeys or ducks.
                    (C) 82,000 laying hens or broilers.
            (3) Depopulation.--The term ``depopulation'' means the 
        rapid destruction of a population of animals in response to 
        urgent circumstances.
            (4) Disaster event.--The term ``disaster event'' means--
                    (A) a 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);
                    (B) a major disaster declared by the President 
                under section 401 of the Robert T. Stafford Disaster 
                Relief and Emergency Assistance Act (42 U.S.C. 5170);
                    (C) a disaster designated by the Secretary pursuant 
                to part 759 of title 7, Code of Federal Regulations (or 
                successor regulations); and
                    (D) a quarantine designated by the Secretary 
                pursuant to the Plant Protection Act (7 U.S.C. 7701 et 
                seq.) or animal quarantine laws.
            (5) High-risk afo.--The term ``high-risk AFO'' means an AFO 
        that houses livestock or poultry owned or controlled by a 
        covered industrial operator.
            (6) Office.--The term ``Office'' means the Office of High-
        Risk AFO Disaster Mitigation and Enforcement established under 
        section 111.

                 Subtitle A--Department of Agriculture

SEC. 111. OFFICE OF HIGH-RISK AFO DISASTER MITIGATION AND ENFORCEMENT.

    The Secretary shall establish an office within the Department of 
Agriculture, to be known as the ``Office of High-Risk AFO Disaster 
Mitigation and Enforcement'', which shall carry out or enforce, as 
applicable, sections 112 through 115.

SEC. 112. REGISTRATION OF HIGH-RISK AFOS.

    (a) Registration Requirement.--
            (1) In general.--A covered industrial operator shall be 
        required to register with the Office prior to selling, buying, 
        or transferring livestock, poultry, or any product derived from 
        livestock or poultry across State lines.
            (2) Information.--In registering with the Office under 
        paragraph (1), a covered industrial operator shall submit to 
        the Office--
                    (A) identifying information about the covered 
                industrial operator, including the location, animal 
                type, and peak inventory animal totals for all high-
                risk AFOs owned or controlled by the covered industrial 
                operator; and
                    (B) a standard disaster mitigation plan that 
                includes--
                            (i) a description of the type, location, 
                        and extent of all potential disaster events 
                        that can affect livestock or poultry housed in 
                        a high-risk AFO, including information on 
                        previous occurrences of disaster events and the 
                        probability of future disaster events;
                            (ii) a plan to ensure that animals do not 
                        go without necessary resources such as shelter, 
                        food, and water during an extreme weather 
                        event;
                            (iii) a plan to increase flexibility and 
                        resiliency, including--
                                    (I) identifying ways to house 
                                animals past their intended slaughter 
                                date; and
                                    (II) alternative slaughter and 
                                processing arrangements, including 
                                contracting with small-scale Department 
                                of Agriculture, State-certified, or 
                                mobile operations with existing 
                                capacity, in the event of supply chain 
                                disruptions;
                            (iv) a plan for accessing necessary 
                        resources, personal protective equipment, and 
                        labor to carry out depopulation in ways that 
                        most rapidly render animals unconscious in the 
                        event that depopulation is unavoidable;
                            (v) a plan for disposal of any deceased 
                        animals that--
                                    (I) satisfies requirements under 
                                all relevant Federal, State, and local 
                                environmental and public health laws; 
                                and
                                    (II) does not rely on unlined 
                                burial or onsite incineration; and
                            (vi) other information, as determined 
                        appropriate by the Secretary.
            (3) Annual submission.--A covered industrial operator that 
        is registered with the Office pursuant to this subsection shall 
        submit to the Office the information described in paragraph (2) 
        on an annual basis.
            (4) Restricted funds for plan.--A covered industrial 
        operator shall not, in developing a standard disaster 
        mitigation plan described in paragraph (2)(B), use any Federal 
        funds, including funds provided under the environmental quality 
        incentive program under subchapter A of chapter 4 of subtitle D 
        of title XII of the Food Security Act of 1985 (16 U.S.C. 3839aa 
        et seq.).
    (b) Disaster Mitigation Maintenance Fee.--
            (1) In general.--A covered industrial operator registered 
        under subsection (a) shall pay to the Office an annual fee by 
        January 15 of each year for each high-risk AFO owned or 
        controlled by the covered industrial operator.
            (2) Total amount of fees.--The amount of the fee required 
        under paragraph (1)--
                    (A) shall be determined by the Secretary in a 
                manner that will ensure that the total amount of fees 
                collected for each fiscal year shall sufficiently fund 
                the activities of the Office for that fiscal year; but
                    (B) shall not be less than $1 per animal unit (as 
                defined by the Administrator of the Environmental 
                Protection Agency) for each fiscal year.
            (3) Restriction.--A covered industrial operator may not 
        reduce wages or grower payments in order to derive the amount 
        of the fee required under paragraph (1).
    (c) High-Risk AFO Disaster Mitigation and Enforcement Fund.--
            (1) Establishment.--There is established in the Treasury of 
        the United States a fund, to be known as the ``High-Risk AFO 
        Disaster Mitigation and Enforcement Fund'' (referred to in this 
        subsection as the ``Fund'').
            (2) Source; use.--All moneys derived from fees collected by 
        the Office under subsection (b) shall be deposited in the Fund 
        and made available to the Secretary, without fiscal year 
        limitation, to offset costs relating to--
                    (A) the administrative costs associated with 
                operating the Office and technical assistance offered 
                by staff of the Office;
                    (B) creating the national stockpile pursuant to 
                section 114(c)(2);
                    (C) enforcement actions against covered industrial 
                operators that do not comply with this subtitle; and
                    (D) any other activities determined by the 
                Secretary.

SEC. 113. COVERED INDUSTRIAL OPERATOR RESPONSIBILITIES AND LIABILITIES.

    A covered industrial operator shall be responsible and liable for, 
with respect to each high-risk AFO owned or controlled by the covered 
industrial operator, all costs associated with activities related to 
disaster events or depopulation of livestock or poultry, including--
            (1) procuring resources for depopulation of livestock or 
        poultry, including from the national stockpile described in 
        section 114(c)(2);
            (2) disposal of deceased animals that--
                    (A) satisfies requirements under all relevant 
                Federal, State, and local environmental and public 
                health laws; and
                    (B) does not rely on unlined burial or onsite 
                incineration;
            (3) compensation for contract growers and workers, as 
        provided in subtitle B;
            (4) compensation for any adverse health impacts, property 
        value diminution, and loss of use and enjoyment of property 
        suffered by neighboring residents of the high-risk AFO; and
            (5) other costs determined by the Secretary.

SEC. 114. RESTRICTION ON CERTAIN METHODS OF DEPOPULATION.

    (a) Definitions.--In this section:
            (1) Restricted practice.--The term ``restricted practice'' 
        means--
                    (A) sodium nitrite poisoning;
                    (B) ventilation shutdown;
                    (C) ventilation shutdown plus;
                    (D) water-based foaming; and
                    (E) any other method identified by the Secretary.
            (2) Sodium nitrite poisoning.--The term ``sodium nitrite 
        poisoning'' means a method of animal depopulation that involves 
        feeding the toxic substance sodium nitrite to animals, causing 
        changes to the blood that prevent delivery of oxygen to tissues 
        and result in prolonged respiratory distress prior to loss of 
        consciousness.
            (3) Ventilation shutdown.--The term ``ventilation 
        shutdown'' means a method of animal depopulation that involves 
        sealing a building in which animals are confined, shutting 
        inlets, and turning off fans in order to raise the temperature 
        in the building until the animals die from hyperthermia or 
        hypoxia, including ventilation shutdown plus.
            (4) Ventilation shutdown plus.--The term ``ventilation 
        shutdown plus'' means a ventilation shutdown method that 
        involves the use of additional heat or humidity.
            (5) Water-based foaming.--The term ``water-based foaming'' 
        means a method of animal depopulation that involves pumping 
        foam concentrate combined with water into a building in which 
        animals are confined until the animals die from hypoxia.
    (b) Restrictions; Civil Penalty.--Notwithstanding any other 
provision of law, beginning 1 year after the date of enactment of this 
Act, a covered industrial operator that uses 1 or more restricted 
practices for any event of depopulation of livestock or poultry on a 
high-risk AFO owned or controlled by the covered industrial operator, 
as determined by the Office--
            (1) shall not be eligible for any Federal contract for a 
        period of 10 years beginning on that date;
            (2) shall not be eligible for inspection of any facility 
        owned or controlled by the covered industrial operator pursuant 
        to the Federal Meat Inspection Act (21 U.S.C. 601 et seq.) or 
        the Poultry Products Inspection Act (21 U.S.C. 451 et seq.), as 
        applicable, for a period of 10 years beginning on that date; 
        and
            (3) shall be assessed a civil penalty of up to $1,000 per 
        animal per act of depopulation, with consideration given to the 
        appropriateness of the penalty with respect to the gravity of 
        the violation and the good faith of the covered industrial 
        operator.
    (c) Standards and Resources.--Not later than 1 year after the date 
of enactment of this Act, the Secretary shall issue a final rule--
            (1) to establish depopulation standards that rapidly induce 
        unconsciousness and death with minimal pain and distress; and
            (2) to coordinate a national stockpile of resources--
                    (A) to carry out depopulation activities during a 
                disaster event in a way that rapidly induces 
                unconsciousness and death of the animals with minimal 
                pain and distress; and
                    (B) using funds from the High-Risk AFO Disaster 
                Mitigation and Enforcement Fund established by section 
                112(c)(1).

SEC. 115. REPORTS.

    (a) Reports to Secretary.--Not later than 3 business days after 
completing any depopulation of any animals, a covered industrial 
operator performing or requiring such depopulation shall submit to the 
Secretary a report on that depopulation instance that specifies--
            (1) the 1 or more dates on which, and location at which, 
        the depopulation and disposal of the animals occurred;
            (2) the total number, species, breed, and intended product 
        of the depopulated animals;
            (3) the depopulation and disposal methods utilized;
            (4) any monitoring, testing, or sampling protocol put in 
        place to monitor releases of environmental contaminants from 
        the disposal location;
            (5) a summary of any assets utilized or received from the 
        national stockpile established pursuant to section 114(c)(2), 
        as applicable;
            (6) documentation of compliance or noncompliance with the 
        standard disaster mitigation plan described in section 
        112(a)(2)(B) of the covered industrial operator; and
            (7) the cost associated with the depopulation and disposal, 
        including labor.
    (b) Publicly Searchable Database.--The Secretary, acting through 
the Office, shall develop and make publicly available an electronically 
searchable and sortable online database that contains information--
            (1) reported under subsection (a); and
            (2) submitted by covered industrial operators registering 
        under section 112.

SEC. 116. CIVIL ACTIONS.

    (a) In General.--Any person may--
            (1) bring a civil action against a covered industrial 
        operator or the Secretary in an appropriate court to redress 
        any violation of this subtitle or any other law relating to the 
        activities described in this subtitle; and
            (2) obtain appropriate relief in that civil action, 
        including equitable relief and compensatory damages.
    (b) Attorney's Fees for Plaintiff.--The court shall award a 
reasonable attorney's fee as part of the costs to a prevailing 
plaintiff in a civil action described in subsection (a).

                    Subtitle B--Department of Labor

SEC. 121. DEFINITIONS.

    In this subtitle:
            (1) Affected contract grower.--The term ``affected contract 
        grower'' means an owner of an AFO--
                    (A) that raises livestock or poultry pursuant to a 
                written contract, marketing arrangement, or other 
                arrangement, with a covered industrial operator; and
                    (B) whose AFO is impacted by a disaster mitigation 
                event.
            (2) Affected contractor.--The term ``affected contractor'' 
        means an individual or entity that supplies, either with or 
        without a contract, a covered industrial operator with a worker 
        to perform labor directly or indirectly related to a disaster 
        mitigation event.
            (3) Covered worker.--
                    (A) In general.--The term ``covered worker''--
                            (i) means an employee who performs labor in 
                        connection with a disaster mitigation event for 
                        a covered industrial operator; and
                            (ii) includes any employee of an affected 
                        contract grower, or of another affected 
                        contractor, of a covered industrial operator.
                    (B) Additional terms.--In this paragraph, the term 
                ``employee'' means an individual performing any labor 
                for a covered industrial operator, including through an 
                affected contract grower or other affected contractor, 
                unless--
                            (i) the individual is free from control and 
                        direction in connection with the performance of 
                        the labor, both under the contract for the 
                        performance of labor and in fact;
                            (ii) the labor is performed outside the 
                        usual course of the business of the covered 
                        industrial operator; and
                            (iii) the individual is customarily engaged 
                        in an independently established trade, 
                        occupation, profession, or business of the same 
                        nature as that involved in the labor performed.
            (4) Disaster mitigation event.--The term ``disaster 
        mitigation event'' means a disaster event affecting a covered 
        industrial operator that triggers activities described in the 
        disaster mitigation plan submitted by the covered industrial 
        operator under section 112(a)(2)(B).

SEC. 122. MINIMUM LABOR STANDARDS FOR COVERED WORKERS AND AFFECTED 
              CONTRACT GROWERS.

    (a) Applicability.--A covered industrial operator that employs or 
contracts with covered workers, affected contract growers, or other 
affected contractors related to a disaster mitigation event shall 
comply with the labor standards described in subsection (b).
    (b) Labor Standards.--The labor standards described in this 
subsection are the following:
            (1) Whistleblower protections.--A covered industrial 
        operator shall not discharge, cause to be discharged, or in any 
        other manner discriminate against any covered worker or 
        affected contract grower because such covered worker or 
        affected contract grower--
                    (A) has filed any complaint or instituted or caused 
                to be instituted any proceeding under or related to 
                this section; or
                    (B) has testified or is about to testify in any 
                such proceeding.
            (2) Health insurance requirement.--During a disaster 
        mitigation event and for a period of not less than 2 years 
        following the disaster mitigation event, the covered industrial 
        operator shall offer each covered worker and affected contract 
        grower of the covered industrial operator a health plan that 
        provides coverage that is at least equivalent to coverage 
        provided by an essential health benefits package (as defined in 
        subsection (a) of section 1302 of the Patient Protection and 
        Affordable Care Act (42 U.S.C. 18022)) at the silver level of 
        coverage (as defined in subsection (d)(1)(B) of such section), 
        regardless of their employment status or contract with the 
        covered industrial operator. Such covered industrial operator 
        shall pay the full premium amount for such health plan for each 
        such covered worker or affected contract grower who elects to 
        enroll in such plan.
            (3) Severance pay for covered workers.--In the case of a 
        disaster mitigation event, the covered industrial operator 
        shall provide any covered worker terminated by the covered 
        industrial operator, or by an affected contract grower or other 
        affected contractor of the covered industrial operator impacted 
        by the disaster mitigation event, during the 60-day period 
        following the disaster mitigation event with 12 weeks of 
        severance pay, at a weekly rate equal to the average weekly 
        earnings of the covered worker during the disaster mitigation 
        event.
            (4) Lost revenue for affected contract growers.--In any 
        case in which a covered industrial operator terminates the 
        contract of an affected contract grower following a disaster 
        mitigation event, the covered industrial operator shall provide 
        an amount of lost revenue to the affected contract grower equal 
        to the affected contract grower's revenue from the covered 
        operator during the preceding 180 days.
    (c) Enforcement by the Secretary of Labor.--
            (1) General authority.--The Secretary of Labor shall 
        receive, investigate, and attempt to resolve complaints of 
        violations of this section in the same manner that the 
        Secretary of Labor receives, investigates, and attempts to 
        resolve complaints of violations of sections 6, 7, and 15(a)(3) 
        of the Fair Labor Standards Act of 1938 (29 U.S.C. 206, 207, 
        and 215(a)(3)), including such Secretary's authority to 
        supervise payment of wages and compensation under section 16(c) 
        of such Act (29 U.S.C. 216(c)).
            (2) Civil penalties.--The Secretary of Labor may assess a 
        civil penalty against a covered industrial operator that 
        violates any provision of this section.
            (3) Monitoring compliance.--Not later than 90 days after 
        the date of enactment of this Act, the Secretary of Labor 
        shall--
                    (A) develop a process to monitor compliance with 
                the standards under this section that requires covered 
                industrial operators to provide information to 
                demonstrate such compliance; and
                    (B) issue rules to determine penalties for 
                noncompliance with this section.
            (4) Notification of office.--The Secretary of Labor shall 
        notify the Office of any covered industrial operator that is 
        determined to be noncompliant with the requirements of this 
        section.
    (d) Right of Action for Violations.--
            (1) Private right of action for violations.--An action to 
        recover damages or obtain relief prescribed in paragraph (2) 
        may be maintained against any covered industrial operator in 
        any Federal or State court of competent jurisdiction by 1 or 
        more covered workers or affected contract growers for and on 
        behalf of themselves and other similarly situated covered 
        workers or affected contract growers.
            (2) Liability.--
                    (A) In general.--A covered industrial operator who 
                violates this section shall be liable to each covered 
                worker or affected contract grower that is aggrieved by 
                the violation for--
                            (i) damages in the amount of unpaid wages, 
                        salary, overtime compensation, or other 
                        compensation denied or lost by reason of the 
                        violation; and
                            (ii) an additional equal amount as 
                        liquidated damages.
                    (B) Attorney's fees and costs.--In a civil action 
                brought under paragraph (1) in which the plaintiff 
                prevails, the court shall award the plaintiff 
                reasonable attorney's fees and costs of the action.
            (3) Enforcement by the secretary of labor.--The Secretary 
        of Labor may bring an action in any court of competent 
        jurisdiction to recover damages or obtain relief described in 
        paragraph (2) on behalf of a covered worker or affected 
        contract grower aggrieved by a violation of this section.

SEC. 123. PROHIBITION ON THE USE OF INCARCERATED WORKERS.

    Notwithstanding any other provision of law, a covered industrial 
operator that the Secretary of Labor determines entered into a 
contract, on or after the date of enactment of this Act, with any 
entity to utilize incarcerated workers to perform labor related to a 
disaster mitigation event shall not be eligible for--
            (1) any Federal contracts for a period of 10 years 
        beginning on the date of the determination; and
            (2) inspection of any facility owned or controlled by the 
        covered industrial operator pursuant to the Federal Meat 
        Inspection Act (21 U.S.C. 601 et seq.) or the Poultry Products 
        Inspection Act (21 U.S.C. 451 et seq.), as applicable, for a 
        period of 10 years beginning on that date.

                   TITLE II--GRANT AND PILOT PROGRAMS

SEC. 201. DEFINITIONS.

    In this title:
            (1) Controlled-atmosphere stunning.--The term ``controlled-
        atmosphere stunning'' means rendering poultry unconscious 
        through exposure to a mixture of gas (nitrogen and argon or 
        concentrations of carbon dioxide) before slaughter.
            (2) Eligible processing facility.--The term ``eligible 
        processing facility'' means an eligible facility described in 
        section 764 of division N of the Consolidated Appropriations 
        Act, 2021 (21 U.S.C. 473), that has a labor peace agreement in 
        place.
            (3) Labor peace agreement.--The term ``labor peace 
        agreement'' means an agreement--
                    (A) between an employer and a labor organization 
                that represents, or is actively seeking to represent as 
                of the date on which the labor peace agreement is 
                entered, the employees of the employer; and
                    (B) under which such employer and such 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 will refrain 
                        from picketing, work stoppages, or boycotts 
                        against the employer;
                            (iii) the employer will--
                                    (I) provide the labor organization 
                                with employee contact information; and
                                    (II) facilitate or permit 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 will, 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.
            (4) Live-shackle slaughter.--The term ``live-shackle 
        slaughter'' means the method of stunning poultry before 
        slaughter by shackling the poultry upside down by their legs 
        and moving the poultry through electrified baths meant to 
        render the poultry unconscious.

SEC. 202. CONTROLLED-ATMOSPHERE STUNNING TRANSITION PROGRAM.

    (a) In General.--Not later than 180 days after the date of 
enactment of this Act, the Secretary shall establish a transition 
program to award grants to eligible processing facilities that process 
poultry to transition from live-shackle slaughter to controlled-
atmosphere stunning.
    (b) Eligibility.--As a condition of receipt of a grant under 
subsection (a), an eligible processing facility 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.
    (c) Funding.--There is appropriated, out of any funds in the 
Treasury not otherwise appropriated, $750,000,000 to the Secretary to 
carry out this section.

SEC. 203. PILOT PROGRAM FOR INCREASED ACCESSIBILITY TO INSPECTION AND 
              TECHNICAL ASSISTANCE FOR ELIGIBLE PROCESSING FACILITIES.

    (a) In General.--The Secretary shall carry out a 5-year pilot 
program within the Meat and Poultry Inspection Division of the Food 
Safety and Inspection Service--
            (1) to expand the availability of processing inspectors, 
        technical assistance, and onsite inspection for eligible 
        processing facilities, including no-cost overtime inspections; 
        and
            (2) to identify and train part-time inspectors and 
        technical assistance providers.
    (b) Professional Experience.--The Secretary shall determine the 
appropriate professional experience of inspectors and providers 
described in subsection (a)(2), which shall include individuals with 
expertise in veterinary medicine, public health, food service 
management, and animal science, as applicable.
    (c) Funding.--There is authorized to be appropriated to the 
Secretary not less than $50,000,000 to carry out this section.

                   TITLE III--HUMANE HANDLING REFORMS

                         Subtitle A--Transport

SEC. 311. TRANSPORTATION OF LIVESTOCK AND POULTRY.

    (a) Transportation Lasting More Than 8 Hours.--
            (1) In general.--Section 80502 of title 49, United States 
        Code, is amended--
                    (A) in subsection (a)(1), by striking ``a rail 
                carrier'' and all that follows through ``territory or 
                possession,'' and inserting ``a covered provider of 
                transportation'';
                    (B) in subsection (b)--
                            (i) in paragraph (3), by striking 
                        ``subsection (a) of this section'' and 
                        inserting ``subsection (b)'';
                            (ii) by redesignating paragraphs (1) 
                        through (3) as subparagraphs (A) through (C), 
                        respectively, and indenting appropriately;
                            (iii) in the matter preceding subparagraph 
                        (A) (as so redesignated), in the third 
                        sentence--
                                    (I) by striking ``the rail 
                                carrier'' and all that follows through 
                                ``a vessel'' and inserting ``the 
                                covered provider of transportation''; 
                                and
                                    (II) by striking ``When the 
                                animals'' and inserting the following:
            ``(3) Responsibility of covered provider of 
        transportation.--When the animals'';
                            (iv) in the matter preceding paragraph (3) 
                        (as so designated), in the second sentence, by 
                        striking ``The owner'' and inserting the 
                        following:
            ``(2) Responsibility of owner or person having custody.--
        The owner''; and
                            (v) in the matter preceding paragraph (2) 
                        (as so designated), by striking ``Animals 
                        being'' and inserting the following:
            ``(1) In general.--Animals being'';
                    (C) in subsection (d)--
                            (i) in the second sentence, by striking 
                        ``On learning'' and inserting the following:
            ``(2) Civil action.--On learning''; and
                            (ii) in the first sentence, by striking ``A 
                        rail carrier'' and all that follows through ``a 
                        vessel'' and inserting the following:
            ``(1) In general.--A covered provider of transportation'';
                    (D) by redesignating subsections (a) through (d) as 
                subsections (b), (c), (g), and (f), respectively, and 
                moving the subsections so as to appear in alphabetical 
                order;
                    (E) by inserting before subsection (b) (as so 
                redesignated) the following:
    ``(a) Definitions.--In this section:
            ``(1) Covered industrial operator.--
                    ``(A) In general.--The term `covered industrial 
                operator' means an individual or entity that owns or 
                controls a quantity of livestock or poultry that is not 
                less than the quantity described in subparagraph (B) 
                for the applicable livestock or poultry.
                    ``(B) Quantity of livestock or poultry in afos.--
                The quantity of livestock or poultry referred to in 
                subparagraph (A) is 1 or more of the following 
                quantities of livestock or poultry housed in 1 or more 
                Animal Feeding Operations at a single point in time:
                            ``(i) 2,500 swine.
                            ``(ii) 30,000 turkeys or ducks.
                            ``(iii) 82,000 laying hens or broilers.
            ``(2) Covered provider of transportation.--
                    ``(A) In general.--The term `covered provider of 
                transportation' means an individual or entity described 
                in subparagraph (B) that is transporting animals from a 
                place in a State, the District of Columbia, or a 
                territory or possession of the United States through or 
                to a place in another State, the District of Columbia, 
                or a territory or possession of the United States.
                    ``(B) Individuals and entities described.--An 
                individual or entity referred to in subparagraph (A) 
                is--
                            ``(i) a rail carrier, express carrier, or 
                        common carrier (except by air or water);
                            ``(ii) a receiver, trustee, or lessee of a 
                        carrier described in clause (i); or
                            ``(iii) an owner or master of a vessel.
            ``(3) Secretary.--The term `Secretary' means the Secretary 
        of Agriculture.''; and
                    (F) by inserting after subsection (c) (as so 
                redesignated) the following:
    ``(d) Transportation Lasting More Than 8 Hours.--
            ``(1) In general.--In any case in which animals are 
        transported by a covered provider of transportation on behalf 
        of a covered industrial operator for a period lasting, or 
        expected to last, more than 8 consecutive hours, the covered 
        provider of transportation transporting the animals shall 
        ensure that--
                    ``(A) the means of transport provides adequate 
                protection of the animals from high winds, rain, and 
                snow;
                    ``(B) any livestock or poultry are provided with 
                appropriate bedding or equivalent material that--
                            ``(i) prevents slipping;
                            ``(ii) ensures a level of comfort 
                        appropriate to--
                                    ``(I) the species of the livestock 
                                or poultry;
                                    ``(II) the number of animals being 
                                transported;
                                    ``(III) the duration of the period 
                                of transportation; and
                                    ``(IV) the weather; and
                            ``(iii) provides adequate absorption of 
                        urine and feces;
                    ``(C) the animals are not overcrowded during 
                transport, including by complying with the regulations 
                promulgated under paragraph (2);
                    ``(D) the means of transport is equipped with a 
                water supply that ensures that each animal has access 
                to water in a manner and quantity appropriate to the 
                species and size of the animal;
                    ``(E) watering devices on the means of transport 
                are--
                            ``(i) in good working order;
                            ``(ii) appropriately designed; and
                            ``(iii) positioned appropriately for the 
                        species of animal to be watered during 
                        transport; and
                    ``(F) the animals are not transported when the 
                temperature within the means of transport cannot be 
                maintained between 40 degrees Fahrenheit and 86 degrees 
                Fahrenheit.
            ``(2) Rulemaking.--
                    ``(A) In general.--The Secretary shall promulgate 
                regulations setting species-specific space allowances 
                during periods of transportation lasting more than 8 
                hours.
                    ``(B) Requirements.--The regulations promulgated 
                under subparagraph (A) shall ensure that each species 
                of animal has enough space--
                            ``(i) to turn around;
                            ``(ii) to lie down; and
                            ``(iii) to fully extend the limbs of the 
                        animal.
    ``(e) Recordkeeping.--
            ``(1) In general.--Each covered industrial operator shall 
        maintain records of all livestock transported by the covered 
        industrial operator.
            ``(2) Production of records.--A covered industrial operator 
        shall provide the records maintained under paragraph (1) to the 
        Secretary on request.''.
            (2) Effective date.--The amendments made by paragraph (1) 
        take effect on the date that is 1 year after the date of 
        enactment of this Act.
            (3) Rulemaking.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary shall promulgate final 
        regulations to implement the amendments made by paragraph (1).
    (b) Modification of 28-Hour Rule.--
            (1) In general.--Section 80502 of title 49, United States 
        Code (as amended by subsection (a)), is amended--
                    (A) in subsection (b)--
                            (i) in paragraph (1)--
                                    (I) by striking ``(1) Except as 
                                provided'' and inserting the following:
            ``(1) In general.--Except as otherwise provided''; and
                                    (II) by striking ``28'' and 
                                inserting ``8'';
                            (ii) by striking paragraph (2) and 
                        inserting the following:
            ``(2) Exceptions.--
                    ``(A) In general.--Animals may be confined for more 
                than 8 hours when the animals cannot be unloaded 
                because of accidental or unavoidable causes that could 
                not have been anticipated or avoided when being 
                careful.
                    ``(B) Sheep.--Sheep may be confined for an 
                additional 8 consecutive hours without being unloaded 
                when the 8-hour period of confinement described in 
                paragraph (1) ends at night.''; and
                            (iii) in paragraph (3), by striking ``(3) 
                        Time'' and inserting the following:
            ``(3) Loading and unloading.--Time''; and
                    (B) by striking subsection (g).
            (2) Effective date.--The amendments made by paragraph (1) 
        take effect on the date that is 10 years after the date of 
        enactment of this Act.

SEC. 312. HIGHER-WELFARE TRANSPORT RESEARCH FUNDING.

    (a) Definitions.--In this section:
            (1) Eligible research institution.--The term ``eligible 
        research institution'' means--
                    (A) an 1862 Institution (as defined in section 2 of 
                the Agricultural Research, Extension, and Education 
                Reform Act of 1998 (7 U.S.C. 7601));
                    (B) an 1890 Institution (as defined in that 
                section);
                    (C) a 1994 Institution (as defined in section 532 
                of the Equity in Educational Land-Grant Status Act of 
                1994 (7 U.S.C. 301 note; Public Law 103-382));
                    (D) a non-land-grant college of agriculture (as 
                defined in section 1404 of the National Agricultural 
                Research, Extension, and Teaching Policy Act of 1977 (7 
                U.S.C. 3103)) that has a demonstrable capacity to 
                conduct livestock or poultry research, as determined by 
                the Secretary;
                    (E) Hispanic-serving agricultural colleges and 
                universities (as defined in that section); and
                    (F) a center of excellence recognized under section 
                1673 of the Food, Agriculture, Conservation, and Trade 
                Act of 1990 (7 U.S.C. 5926).
            (2) Higher-welfare transport.--The term ``higher-welfare 
        transport'' means the handling, loading, and transport 
        mechanisms by which livestock and poultry are transported, at 
        any time, which take into account animal welfare and species-
        specific requirements to ensure that--
                    (A) animal welfare is maintained throughout 
                transport; and
                    (B) animals are spared unnecessary distress or 
                injury.
    (b) Grant Program.--The Secretary shall establish a program to 
provide grants to eligible research institutions to study higher-
welfare transport.
    (c) Applications.--To be eligible for a grant under this section, 
an eligible research institution shall submit to the Secretary an 
application at such time, in such manner, and containing such 
information as the Secretary may require.
    (d) Requirements.--In carrying out the program established under 
subsection (b), the Secretary shall ensure that none of the grant 
funding may be used to perform any experiment that would not comply 
with current transport law.
    (e) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary to carry out this section $50,000,000 for 
each of fiscal years 2023 through 2025.

                  Subtitle B--Nonambulatory Livestock

SEC. 321. UNLAWFUL SLAUGHTER PRACTICES INVOLVING NONAMBULATORY 
              LIVESTOCK.

    (a) In General.--Public Law 85-765 (commonly known as the ``Humane 
Methods of Slaughter Act of 1958'') is amended by inserting after 
section 2 (7 U.S.C. 1902) the following:

``SEC. 3. NONAMBULATORY LIVESTOCK.

    ``(a) Definitions.--In this section:
            ``(1) Covered entity.--The term `covered entity' means--
                    ``(A) a stockyard;
                    ``(B) a market agency;
                    ``(C) a packer (as defined in section 201 of the 
                Packers and Stockyards Act, 1921 (7 U.S.C. 191));
                    ``(D) a dealer (as defined in section 301 of the 
                Packers and Stockyards Act, 1921 (7 U.S.C. 201));
                    ``(E) a slaughter facility; and
                    ``(F) an establishment.
            ``(2) Establishment.--The term `establishment' means an 
        establishment that is subject to inspection pursuant to the 
        Federal Meat Inspection Act (21 U.S.C. 601 et seq.).
            ``(3) Humanely euthanize.--The term `humanely euthanize' 
        means to immediately render an animal unconscious by 
        mechanical, chemical, or other means, with the unconscious 
        state remaining until the death of the animal.
            ``(4) Nonambulatory livestock.--The term `nonambulatory 
        livestock' means any cattle, sheep, swine, goats, or horses, 
        mules, or other equines who cannot stand or walk unassisted.
            ``(5) Secretary.--The term `Secretary' means the Secretary 
        of Agriculture.
    ``(b) Humane Treatment, Handling, and Disposition.--The Secretary 
shall promulgate regulations to provide for the humane treatment, 
handling, and disposition of all nonambulatory livestock by covered 
entities, including requirements for covered entities--
            ``(1) to immediately humanely euthanize nonambulatory 
        livestock when the livestock becomes nonambulatory livestock, 
        subject to subsection (c); and
            ``(2)(A) to have written policies and procedures in place, 
        and proper equipment, relating to the humane handling, 
        euthanization, and disposition of all nonambulatory livestock;
            ``(B) to maintain records of all nonambulatory livestock; 
        and
            ``(C) to electronically submit those written policies and 
        procedures and records to the Administrator of the Food Safety 
        and Inspection Service.
    ``(c) Humane Euthanasia.--
            ``(1) In general.--The Secretary shall promulgate 
        regulations specifying--
                    ``(A) the methods of euthanasia that shall be 
                acceptable for the humane disposition of nonambulatory 
                livestock required under the regulations promulgated 
                under subsection (b); and
                    ``(B) processes for ensuring effective enforcement 
                of the use of those methods.
            ``(2) Disease testing.--The regulations promulgated under 
        subsection (b) shall not limit the ability of the Secretary to 
        test nonambulatory livestock for a disease.
    ``(d) Transacting or Processing.--A covered entity shall not--
            ``(1) buy or sell a nonambulatory animal; or
            ``(2) process, butcher, or sell meat or products of 
        nonambulatory livestock.
    ``(e) Records.--The Administrator of the Food Safety and Inspection 
Service shall maintain all documents submitted by covered entities 
pursuant to the regulations under subsection (b).''.
    (b) Inspection of Nonambulatory Livestock; Labeling.--Section 6 of 
the Federal Meat Inspection Act (21 U.S.C. 606) is amended by adding at 
the end the following:
    ``(c) Inspection of Nonambulatory Livestock; Labeling.--
            ``(1) Definition of nonambulatory livestock.--In this 
        subsection, the term `nonambulatory livestock' means any 
        cattle, sheep, swine, goats, or horses, mules, or other equines 
        who cannot stand or walk unassisted.
            ``(2) Inspection.--It shall be unlawful for an inspector at 
        an establishment subject to inspection under this Act to pass 
        through inspection any nonambulatory livestock or carcass 
        (including parts of a carcass) of nonambulatory livestock.
            ``(3) Labeling.--An inspector or other employee of an 
        establishment described in paragraph (2) shall label, mark, 
        stamp, or tag as `inspected and condemned' any carcass 
        (including parts of a carcass) of nonambulatory livestock.''.
    (c) Effective Date.--
            (1) In general.--Except as provided in paragraph (2), the 
        amendments made by subsections (a) and (b) shall take effect on 
        the date that is 1 year after the date of enactment of this 
        Act.
            (2) Regulations.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary shall promulgate final 
        regulations to implement the amendments made by subsections (a) 
        and (b).

SEC. 322. UNLAWFUL USE OF DRUGS CONTRIBUTING TO NONAMBULATORY 
              CONDITIONS.

    The Animal Health Protection Act is amended by inserting after 
section 10409A (7 U.S.C. 8308a) the following:

``SEC. 10409B. UNLAWFUL USE OF DRUGS ON CERTAIN ANIMALS.

    ``Any use of a beta-agonist drug, including ractopamine, 
zilpaterol, and lubabegron, in an animal in the absence of disease, 
including use for growth promotion or feed efficiency, is 
prohibited.''.

SEC. 323. INCLUSION OF POULTRY IN HUMANE METHODS OF SLAUGHTER ACT.

    (a) In General.--Public Law 85-765 (commonly known as the ``Humane 
Methods of Slaughter Act of 1958'') (7 U.S.C. 1901 et seq.) is amended 
by adding ``and poultry'' after the term ``livestock'' each place it 
appears, except as provided in subsection (b).
    (b) Other Conforming Amendment.--Section 2(a) of Public Law 85-765 
(commonly known as the ``Humane Methods of Slaughter Act of 1958'') (7 
U.S.C. 1902) is amended by striking ``and other livestock,'' and 
inserting ``other livestock, and poultry''.
    (c) Effective Date.--The amendments made by subsections (a) and (b) 
shall take effect on the date that is 10 years after the date of 
enactment of this Act.

                        Subtitle C--Inspections

SEC. 331. DEFINITIONS.

    In this subtitle:
            (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) Employee.--The term ``employee'' has the meaning given 
        the term in section 3 of the Occupational Safety and Health Act 
        of 1970 (29 U.S.C. 652).

SEC. 332. ENDING DANGEROUS HIGHER-SPEED SLAUGHTER AND SELF-INSPECTION 
              SYSTEMS.

    (a) Definition of Covered Program.--
            (1) In general.--The term ``covered program'' means any 
        waiver, program, or regulation that--
                    (A) allows covered establishments to operate at 
                slaughter speeds that exceed existing limits required 
                by regulations of the Department of Agriculture as of 
                the date of enactment of this Act;
                    (B) reduces the number of Federal inspectors in 
                covered establishments; or
                    (C) replaces Federal inspectors at covered 
                establishments with employees of the covered 
                establishments for purposes of inspection.
            (2) Inclusions.--The term ``covered program'' includes--
                    (A) the New Swine Slaughter Inspection System 
                described in the final rule entitled ``Modernization of 
                Swine Slaughter Inspection'' (84 Fed. Reg. 52300 
                (October 1, 2019));
                    (B) the New Poultry Inspection System described in 
                the final rule entitled ``Modernization of Poultry 
                Slaughter Inspection'' (79 Fed. Reg. 49566 (August 21, 
                2014)); and
                    (C) any waiver issued under an inspection system 
                described in subparagraph (A) or (B).
    (b) Termination of Covered Programs.--The Secretary, acting through 
the Administrator of the Food Safety and Inspection Service, shall 
terminate or suspend implementation of or conversion to, as applicable, 
all covered programs.

SEC. 333. FUNDING FOR ADDITIONAL OSHA INSPECTORS.

    There is authorized to be appropriated $60,000,000 for each of 
fiscal years 2023 through 2032 for 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) in covered establishments.

SEC. 334. FUNDING FOR ADDITIONAL FSIS INSPECTORS.

    (a) In General.--There is authorized to be appropriated to the 
Secretary $50,000,000 for each of fiscal years 2023 through 2032 to 
hire additional full-time equivalent positions within the Food Safety 
and Inspection Service relating to inspections conduced pursuant to, 
and the enforcement of, Public Law 85-765 (commonly known as the 
``Humane Methods of Slaughter Act of 1958'') (7 U.S.C. 1901 et seq.).
    (b) Priority for Hiring.--In carrying out subsection (a), priority 
shall be given to hiring personnel--
            (1) to inspect processing facilities (as described by the 
        term ``eligible facility'' in section 764 of division N of the 
        Consolidated Appropriations Act, 2021 (21 U.S.C. 473)); and
            (2) in regions with the highest number of vacancies within 
        the Food Safety and Inspection Service.
                                 <all>