II 

116TH CONGRESS 

2D SESSION S. 3797 

To provide overtime and holiday fee relief for small meat, poultry, and 

egg processing plants, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 21, 2020 

Mr. MORAN (for himself, Mr. BENNET, Ms. SMITH, and Mr. CASEY) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry 

A BILL 

To provide overtime and holiday fee relief for small meat, 

poultry, and egg processing plants, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Small Packer Overtime 

5 and Holiday Fee Relief for COVID–19 Act of 2020’’. 

6 SEC. 2. OVERTIME AND HOLIDAY FEE RELIEF FOR SMALL 

7 MEAT, POULTRY, AND EGG PROCESSING 

8 PLANTS. 

9 (a) DEFINITIONS.—In this section: 


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1 (1) COVERED ACT.—The term ‘‘covered Act’’ 

2 means— 

3 (A) the Federal Meat Inspection Act (21 

4 U.S.C. 601 et seq.); 

5 (B) the Poultry Products Inspection Act 

6 (21 U.S.C. 451 et seq.); and 

7 (C) the Egg Products Inspection Act (21 

8 U.S.C. 1031 et seq.). 

9 (2) ESTABLISHMENT.—The term ‘‘establish10 ment’’ means— 

11 (A) a meat establishment subject to the re12 quirements of the Federal Meat Inspection Act 

13 (21 U.S.C. 601 et seq.); 

14 (B) a poultry establishment subject to the 

15 requirements of the Poultry Products Inspec16 tion Act (21 U.S.C. 451 et seq.); and 

17 (C) an egg products processing plant sub18 ject to the requirements of the Egg Products 

19 Inspection Act (21 U.S.C. 1031 et seq.). 

20 (3) SECRETARY.—The term ‘‘Secretary’’ means 

21 the Secretary of Agriculture. 

22 (4) SMALL ESTABLISHMENT; VERY SMALL ES23 TABLISHMENT.—The terms ‘‘small establishment’’ 

24 and ‘‘very small establishment’’ have the meaning 

25 given those terms in the final rule entitled ‘‘PathoVerDate Sep 11 2014 09:23 Jun 14, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S3797.IS S3797

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1 gen Reduction; Hazard Analysis and Critical Control 

2 Point (HACCP) Systems’’ (61 Fed. Reg. 38806 

3 (July 25, 1996)). 

4 (b) OVERTIME AND HOLIDAY FEES.— 

5 (1) IN GENERAL.—Notwithstanding any other 

6 provision of law, for an inspection of an establish7 ment conducted pursuant to a covered Act, the Sec8 retary shall discount the rate charged— 

9 (A) by not less than 30 percent of the 

10 overtime and holiday published rate in the case 

11 of a small establishment; and 

12 (B) by not less than 75 percent of the 

13 overtime and holiday published rate in the case 

14 of a very small establishment. 

15 (2) RULEMAKING; RETROACTIVE IMPLEMENTA16 TION.—Not later than 60 days after the date of en17 actment of this Act, the Secretary shall— 

18 (A) complete a rulemaking establishing the 

19 discounted rates required under paragraph (1); 

20 and 

21 (B) implement those discounted rates to 

22 apply retroactively to the date of enactment of 

23 this Act. 

24 (c) EFFECTIVENESS.—The Secretary— 


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1 (1) shall carry out subsection (b) until the 

2 funds appropriated under subsection (d) are ex3 pended; and 

4 (2) may carry out subsection (b) after those 

5 funds are expended only to the extent and in the 

6 amount provided in advance in appropriations Acts. 

7 (d) FUNDING.—There is appropriated to the Sec8 retary, out of funds in the Treasury not otherwise appro9 priated, $58,000,000, to remain available until expended, 

10 to carry out subsection (b). 

Æ 


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