[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8994 Introduced in House (IH)]

<DOC>






118th CONGRESS
  2d Session
                                H. R. 8994

  To direct the Secretary of Agriculture to remove nonambulatory pigs 
 from the United States food system, to establish an online portal for 
            confidential complaints, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 11, 2024

Ms. Escobar (for herself, Mr. Blumenauer, Mr. Raskin, and Mr. Cardenas) 
 introduced the following bill; which was referred to the Committee on 
  Agriculture, and in addition to the Committee on Education and the 
 Workforce, 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 direct the Secretary of Agriculture to remove nonambulatory pigs 
 from the United States food system, to establish an online portal for 
            confidential complaints, 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 ``Pigs and Public 
Health Act''.
    (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--HUMANE HANDLING REFORMS FOR NONAMBULATORY PIGS

Sec. 101. Unlawful use of drugs contributing to nonambulatory 
                            conditions.
Sec. 102. Transportation of pigs.
Sec. 103. Unlawful slaughter practices involving pigs.
Sec. 104. OSHA standard and staffing requirement.
                  TITLE II--PUBLIC HEALTH TRANSPARENCY

Sec. 201. Online portal for confidential complaints.
Sec. 202. Whistleblower protection.
Sec. 203. Study and report on threat of nonambulatory pigs in food 
                            system.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Humane euthanization of nonambulatory pigs--
                    (A) prevents needless suffering;
                    (B) results in safer and better working conditions 
                for individuals handling pigs;
                    (C) brings about improvement of products and 
                reduces the likelihood of the spread of zoonotic and 
                other diseases that have a great and deleterious 
                economic impact; and
                    (D) protects the public health of consumers by 
                ensuring that products from nonambulatory pigs do not 
                enter the food supply.
            (2) Many nonambulatory pigs are ill and may carry dangerous 
        pathogens, posing a serious public health risk, considering--
                    (A) in a 2008 study, significantly more 
                nonambulatory pigs than control pigs tested positive 
                for swine influenza viruses H1N1 and H3N2;
                    (B) other studies have indicated that nonambulatory 
                pigs may increase risk of transmission of pathogens 
                such as Salmonella and Yersinia enterocolitica and may 
                be more likely to harbor antibiotic-resistant 
                Campylobacter; and
                    (C) the Centers for Disease Control and Prevention 
                estimates that pork containing pathogens leads to about 
                525,000 infections, 2,900 hospitalizations, and 82 
                deaths in humans each year.
            (3) Industrial operators have created a system that allows 
        for the inhumane handling of nonambulatory livestock that 
        causes needless suffering, unsafe working conditions, and the 
        spread of foodborne and zoonotic diseases.
            (4) Industrial operators have abused the use of certain 
        drugs that increase the risk of pigs becoming nonambulatory.
            (5) Current Federal animal transport laws are ineffective, 
        inherently cruel, and cause pigs to become nonambulatory.
            (6) Employees and contract laborers on farms, during 
        transport, and at slaughter deal with nonambulatory pigs first 
        hand, making them uniquely positioned to report public health 
        threats they witness.
            (7) Since 2004, the Department of Agriculture's Food Safety 
        and Inspection Service has banned all nonambulatory cattle from 
        entering the Nation's food supply due to increased risk of 
        disease spread, but there are no such regulations for other 
        species.
            (8) In 2002, Congress mandated that the Department of 
        Agriculture release a report regarding nonambulatory animals, 
        but no such report has been released. The Department of 
        Agriculture released a report on nonambulatory cattle and 
        calves in 2005 and a report on sheep and goats in 2006. No 
        report has been issued on nonambulatory pigs.

SEC. 3. DEFINITIONS.

    In this Act:
            (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 subject to inspection pursuant 
                to the Federal Meat Inspection Act (21 U.S.C. 601 et 
                seq.).
            (2) Covered individual.--The term ``covered individual'' 
        means any employee, former employee, contractor, or other 
        person who has worked or is currently working for or with a 
        covered entity.
            (3) Nonambulatory pig.--The term ``nonambulatory pig'' 
        means any swine that cannot stand or walk unassisted.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture.

        TITLE I--HUMANE HANDLING REFORMS FOR NONAMBULATORY PIGS

SEC. 101. 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 BETA-ADRENERGIC AGONIST DRUGS IN PIGS.

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

SEC. 102. TRANSPORTATION OF PIGS.

    (a) In General.--The Animal Welfare Act is amended by inserting 
after section 13 (7 U.S.C. 2143) the following:

``SEC. 13A. TRANSPORTATION OF PIGS.

    ``(a) Transportation.--In any case in which pigs are transported by 
a covered provider of transportation on behalf of a covered entity, the 
covered provider of transportation transporting the pigs shall ensure 
that--
            ``(1) the means of transport provides adequate protection 
        of the pigs from high winds, rain, and snow;
            ``(2) the pigs are provided with appropriate bedding or 
        equivalent material that--
                    ``(A) prevents slipping;
                    ``(B) ensures a level of comfort appropriate to--
                            ``(i) pigs;
                            ``(ii) the number of pigs being 
                        transported;
                            ``(iii) the duration of the period of 
                        transportation; and
                            ``(iv) the weather; and
                    ``(C) provides adequate absorption of urine and 
                feces;
            ``(3) the pigs are not overcrowded during transport;
            ``(4) the means of transport is equipped with a water 
        supply that ensures that each pig has access to water in a 
        manner and quantity appropriate to the species and size of the 
        animal;
            ``(5) watering devices on the means of transport are--
                    ``(A) in good working order;
                    ``(B) appropriately designed; and
                    ``(C) positioned appropriately for pigs to be 
                watered during transport;
            ``(6) the pigs have enough space--
                    ``(A) to turn around;
                    ``(B) to lie down; and
                    ``(C) to fully extend their limbs; and
            ``(7) the pigs are not transported if the temperature 
        within the means of transport cannot be maintained between 50 
        and 75 degrees Fahrenheit.
    ``(b) Recordkeeping.--
            ``(1) In general.--Each covered provider of transportation 
        shall maintain records of all pigs transported by such covered 
        provider on behalf of any covered entity.
            ``(2) Production of records.--A covered provider of 
        transportation shall provide the records maintained under 
        paragraph (1) to the Secretary on request.
    ``(c) 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) Covered provider of transportation.--The term 
        `covered provider of transportation' means any entity that 
        provides transport of livestock on behalf of a covered entity.
            ``(3) 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.).''.
    (b) Rulemaking.--Not later than 1 year after the date of enactment 
of this Act, the Secretary shall promulgate final regulations to 
enforce the provisions of subsection (a).

SEC. 103. UNLAWFUL SLAUGHTER PRACTICES INVOLVING PIGS.

    (a) In General.--Public Law 85-765 (commonly known as the ``Humane 
Methods of Slaughter Act of 1958'') is amended by adding at the end the 
following:

``SEC. 7. HUMANE TREATMENT OF PIGS.

    ``(a) Nonambulatory Pigs.--
            ``(1) Humane treatment, handling, and disposition.--The 
        Secretary of Agriculture shall promulgate regulations to 
        provide for the humane treatment, handling, and disposition of 
        all nonambulatory pigs by covered entities, including 
        requirements for a covered entity--
                    ``(A) to, subject to paragraph (2), immediately 
                humanely euthanize nonambulatory pigs in the possession 
                of the covered entity;
                    ``(B) to have written policies and procedures in 
                place, and proper equipment, relating to the humane 
                handling, euthanization, and disposition of all 
                nonambulatory pigs in the possession of the covered 
                entity;
                    ``(C) to maintain records of all nonambulatory pigs 
                in the possession of the covered entity; and
                    ``(D) to electronically submit such written 
                policies and procedures and such records to the 
                Administrator of the Food Safety and Inspection 
                Service.
            ``(2) Humane euthanasia.--
                    ``(A) In general.--The Secretary shall promulgate 
                regulations specifying--
                            ``(i) the methods of euthanasia that shall 
                        be acceptable for the humane disposition of 
                        nonambulatory pigs required under the 
                        regulations promulgated under paragraph (1); 
                        and
                            ``(ii) processes for ensuring effective 
                        enforcement of the use of such methods.
                    ``(B) Disease testing.--The Secretary shall test 
                nonambulatory pigs for a disease, such as swine 
                influenza viruses H1N1 and H3N2, Salmonella, Yersinia 
                enterocolitica, Campylobacter, and Methicillin-
                resistant Staphylococcus aureus.
            ``(3) Transacting or processing.--A covered entity shall 
        not--
                    ``(A) buy or sell a nonambulatory pig;
                    ``(B) process, butcher, or sell meat or meat food 
                products of a nonambulatory pig; or
                    ``(C) slaughter any nonambulatory pig or prepare 
                any carcass or part of a carcass, or meat or meat food 
                product, from any nonambulatory pig.
            ``(4) Records.--The Administrator of the Food Safety and 
        Inspection Service shall maintain all documents submitted by 
        covered entities pursuant to the regulations under paragraph 
        (1).
    ``(b) Willful Acts of Abuse.--The Secretary shall promulgate 
regulations prohibiting a covered individual from committing any 
willful act of abuse--
            ``(1) against nonambulatory pigs; or
            ``(2) that may reasonably be expected to result in injury 
        or illness of ambulatory pigs.
    ``(c) Injured and Diseased Pigs.--
            ``(1) Injured pigs.--The Secretary shall promulgate 
        regulations specifying the proper handling of injured pigs by a 
        covered entity, including requirements to--
                    ``(A) immediately treat or humanely euthanize pigs 
                diagnosed as lame; and
                    ``(B) immediately humanely euthanize--
                            ``(i) pigs with--
                                    ``(I) uterine prolapses; or
                                    ``(II) any type of prolapse that is 
                                not addressed and becomes necrotic;
                            ``(ii) pigs with--
                                    ``(I) perforated hernias;
                                    ``(II) hernias that are ulcerated 
                                and necrotic; or
                                    ``(III) large hernias that touch 
                                the ground while standing and are 
                                ulcerated; and
                            ``(iii) pigs that are unlikely to recover 
                        from any other type of injury, even with 
                        treatment.
            ``(2) Diseased pigs.--The Secretary shall promulgate 
        regulations specifying the proper handling of diseased pigs by 
        a covered entity, including requirements to immediately 
        humanely euthanize pigs that are not responding to care or are 
        unlikely to recover from disease or illness.
    ``(d) 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) Covered individual.--The term `covered individual' 
        means any employee, former employee, contractor, or other 
        person who has worked or is currently working for or with a 
        covered entity.
            ``(3) Diseased.--The term `diseased' means a state of 
        being--
                    ``(A) that deviates from the normal structural or 
                functional state of an animal;
                    ``(B) in which the animal is impaired or exhibits 
                signs or symptoms of pain or suffering; and
                    ``(C) that is not caused by physical injury.
            ``(4) 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.).
            ``(5) Humanely euthanize.--The term `humanely euthanize' 
        means, with respect to a pig, to immediately render the pig 
        unconscious by mechanical, chemical, or other means, with the 
        unconscious state remaining until the death of the pig.
            ``(6) Injured.--The term `injured' means a state of being 
        in which an animal's body is physically harmed or damaged.
            ``(7) Nonambulatory pig.--The term `nonambulatory pig' 
        means any swine that cannot stand or walk unassisted.
            ``(8) Secretary.--The term `Secretary' means the Secretary 
        of Agriculture.
            ``(9) Willful acts of abuse.--The term `willful acts of 
        abuse' means, with respect to pigs, any acts that intentionally 
        cause pain or suffering to the pigs, including--
                    ``(A) hitting or beating the pigs, such as with a 
                fist, foot, or any hard objects that can cause pain or 
                injury;
                    ``(B) purposefully slamming, dropping, throwing, or 
                dragging the pigs by any body part, except in the case 
                of moving nonambulatory pigs using a drag mat;
                    ``(C) excessive use of electric prods, including--
                            ``(i) prodding the pigs in sensitive areas, 
                        such as the face, genitals, or rectum;
                            ``(ii) providing a shock that lasts longer 
                        than one second; and
                            ``(iii) using electric prods other than as 
                        a last resort;
                    ``(D) failure to provide food, water, and care to 
                the pigs in a manner that could result in significant 
                harm or death to the pigs; and
                    ``(E) driving the pigs on top of one another, 
                including with the use of motorized vehicles.''.
    (b) Inspection of Nonambulatory Pigs; 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 Pigs; Labeling.--
            ``(1) Inspection.--It shall be unlawful for an inspector at 
        an establishment subject to inspection under this Act to pass 
        through inspection any nonambulatory pig or carcass (including 
        parts of a carcass) of a nonambulatory pig.
            ``(2) 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 a nonambulatory pig.
            ``(3) Nonambulatory pig defined.--In this subsection, the 
        term `nonambulatory pig' means any swine that cannot stand or 
        walk unassisted.''.
    (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. 104. OSHA STANDARD AND STAFFING REQUIREMENT.

    (a) Proposed Standard.--Not later than 1 year after the date of 
enactment of this Act, the Secretary of Labor shall, pursuant to 
section 6 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 
655), promulgate a proposed standard for handling nonambulatory pigs. 
Such proposed standard shall include requirements for--
            (1) employee training related to handling such pigs; and
            (2) the use of mechanical lifting aids.
    (b) Final Standard.--Not later than 2 years after the date of 
enactment of this Act, the Secretary of Labor shall, pursuant to 
section 6 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 
655), promulgate a final standard that shall be--
            (1) based on the proposed standard under paragraph (1); and
            (2) effective and enforceable in the same manner and to the 
        same extent as any standard promulgated under section 6(b) of 
        such Act (29 U.S.C. 655(b)).
    (c) Staffing Requirement.--A covered entity shall take such steps 
as may be necessary, including hiring and training additional 
employees, to comply with the requirements of this Act, the amendments 
made by this Act, and the final standard promulgated pursuant to 
subsection (b).

                  TITLE II--PUBLIC HEALTH TRANSPARENCY

SEC. 201. ONLINE PORTAL FOR CONFIDENTIAL COMPLAINTS.

    (a) Establishment.--Not later than 90 days after the date of the 
enactment of this Act, the Secretary of Agriculture, in consultation 
with the Secretary of Labor, shall establish and make publicly 
available on the website of the Department of Agriculture an online 
portal, through which individuals may submit confidential complaints 
regarding alleged or potential violations by a covered entity of--
            (1) this Act, or the amendments made by this Act, 
        including--
                    (A) section 10409B of the Animal Health Protection 
                Act (as inserted by section 101);
                    (B) section 13A of the Animal Welfare Act (as 
                inserted by section 102);
                    (C) section 7 of Public Law 85-765 (commonly known 
                as the ``Humane Methods of Slaughter Act of 1958'') (as 
                added by section 103(a)); and
                    (D) section 6(c) of the Federal Meat Inspection Act 
                (as added by section 103(b));
            (2) the Occupational Safety and Health Act of 1970 (29 
        U.S.C. 651 et seq.); or
            (3) the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et 
        seq.).
    (b) Public Notice.--Upon the establishment of the online portal 
described in subsection (a), the Secretary shall issue a public notice 
informing individuals of--
            (1) their right to use such portal; and
            (2) the confidentiality protections provided by the 
        Department of Agriculture and the Department of Justice to 
        individuals who submit complaints through such portal, which 
        shall include--
                    (A) keeping confidential any personally 
                identifiable information of an individual contained in 
                such a complaint, unless--
                            (i) such individual provides to the 
                        Secretary advance written permission to release 
                        such information; or
                            (ii)(I) the release of such information is 
                        otherwise required by law; and
                            (II) the Secretary provides to such 
                        individual advance warning, as soon as 
                        feasible, that the release of such information 
                        is legally required; and
                    (B) a requirement that if work on the case is 
                transferred to a nongovernmental entity, that entity 
                will be bound by the original confidentiality 
                provisions.
    (c) Annual Reports on Aggregate Data.--Not later than 1 year after 
the date of enactment of this Act, and annually thereafter, the 
Secretary shall make publicly available a report describing the 
aggregate data collected from the online portal described in subsection 
(a).

SEC. 202. WHISTLEBLOWER PROTECTION.

    (a) In General.--A covered entity shall not discharge, demote, 
suspend, threaten, harass, or in any other manner discriminate against 
a covered individual because of any lawful act done by the covered 
individual--
            (1) to provide information, cause information to be 
        provided, or otherwise assist in an investigation regarding any 
        conduct that the covered individual reasonably believes is 
        illegal or constitutes a violation of this Act or the 
        amendments made by this Act;
            (2) to file, cause to be filed, testify, participate in, or 
        otherwise assist in a proceeding or action filed, or about to 
        be filed, relating to a violation of any law, rule, or 
        regulation; or
            (3) to refuse to violate, or assist in the violation of, 
        any law, rule, or regulation.
    (b) Enforcement Action.--
            (1) Complaint.--
                    (A) In general.--A covered individual who alleges 
                discharge or other discrimination by any person in 
                violation of paragraph (1) may seek relief by filing a 
                complaint with the Office of the Inspector General of 
                the Department of Agriculture, which shall investigate 
                the concerns raised by the covered individual that 
                allegedly caused retaliation.
                    (B) Legal action.--If the Office of the Inspector 
                General has not issued a final decision regarding the 
                investigation by the date that is 210 days after the 
                date on which the complaint is filed, and there is no 
                showing that the delay is due to the bad faith of the 
                claimant, the claimant may bring an action at law or 
                equity for de novo review in the appropriate district 
                court of the United States, which shall have 
                jurisdiction over such an action without regard to the 
                amount in controversy.
            (2) Procedure.--A complaint under paragraph (1)(A) shall be 
        governed under the rules and procedures established in section 
        1013 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
        399d) and shall be resolved within 21 days after the date on 
        which such complaint is filed.
            (3) Remedies.--A covered individual who prevails in any 
        action under subparagraph (A) shall be entitled to remedies 
        equivalent to relief provided under section 1013(b)(4)(B) of 
        the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
        399d(b)(4)(B)).
    (c) Rights Retained by the Individual.--
            (1) In general.--Nothing in this subsection diminishes the 
        rights, privileges, or remedies of any individual under any 
        Federal or State law, or under any collective bargaining 
        agreement.
            (2) Waiver of rights and remedies.--The rights and remedies 
        provided for in this section may not be waived by any 
        agreement, policy form, or condition of employment, including 
        by a predispute arbitration agreement.
            (3) Predispute arbitration agreements.--No predispute 
        arbitration agreement shall be valid or enforceable, to the 
        extent the agreement requires arbitration of a dispute arising 
        under this section.

SEC. 203. STUDY AND REPORT ON THREAT OF NONAMBULATORY PIGS IN FOOD 
              SYSTEM.

    (a) Study.--The Under Secretary of Agriculture for Food Safety 
shall, in coordination with the Director of the Centers for Disease 
Control and Prevention, conduct a study regarding the public health 
threat of nonambulatory pigs entering the food system.
    (b) Report.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Under Secretary shall submit to 
        Congress, and make publicly available, a report describing the 
        results of the study conducted under subsection (a).
            (2) Contents.--Such report shall include, at a minimum, 
        descriptions of the impact on the public health of pathogens 
        associated with nonambulatory pigs, including--
                    (A) swine influenza viruses H1N1 and H3N2;
                    (B) Salmonella;
                    (C) Yersinia enterocolitica;
                    (D) Campylobacter; and
                    (E) Methicillin-resistant Staphylococcus aureus.
                                 <all>