II 

117TH CONGRESS 

1ST SESSION S. 3285 

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

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 30, 2021 

Mr. BOOKER (for himself, Mrs. GILLIBRAND, Mr. BLUMENTHAL, Mr. SANDERS, and Ms. WARREN) introduced the following bill; which was read 

twice and referred to the Committee on Health, Education, Labor, and 

Pensions 

A BILL 

To improve protections for meatpacking workers, 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; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Protecting America’s Meatpacking Workers Act of 

6 2021’’. 

7 (b) TABLE OF CONTENTS.—The table of contents for 

8 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Findings. 

Sec. 3. Definitions. 


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TITLE I—REFORMS TO PROTECT MEAT AND POULTRY 

PROCESSING WORKERS 

Subtitle A—Department of Agriculture 

Sec. 101. Rule on increased line speeds at meat and poultry establishments. 

Subtitle B—Fair Attendance Policies 

Sec. 111. Definitions. 

Sec. 112. Requirements for employers relating to no fault attendance policies 

or attendance systems. 

Sec. 113. Enforcement authority. 

Sec. 114. Regulations. 

Sec. 115. Relationship to other laws. 

Sec. 116. Waiver of State immunity. 

Sec. 117. Severability. 

Subtitle C—Occupational Safety and Health Administration Reforms 

Sec. 121. Definitions. 

Sec. 122. Ensuring compliance with employee rights to use toilet facilities at 

covered establishments. 

Sec. 123. Occupational safety and health standards to protect employees in covered establishments. 

Sec. 124. Permanent regional emphasis inspection program; expanding inspections. 

Sec. 125. Representatives during physical inspections. 

Sec. 126. Enhanced protections from retaliation. 

Sec. 127. Regulations to restore a column on required records of work-related 

musculoskeletal disorders. 

Sec. 128. Funding for additional OSHA inspectors. 

Sec. 129. OSHA reporting. 

Sec. 130. Private right of action. 

Sec. 131. Injunction proceedings. 

Subtitle D—Savings Provision 

Sec. 136. Savings provision. 

TITLE II—FARM SYSTEM REFORMS 

Sec. 201. Expanded meat and poultry processing grants. 

Sec. 202. Local Agriculture Market Program. 

Sec. 203. Restoration of mandatory country of origin labeling for beef and 

pork; inclusion of dairy products. 

Sec. 204. Definitions in Packers and Stockyards Act, 1921. 

Sec. 205. Unlawful practices. 

Sec. 206. Spot market purchases of livestock by packers. 

Sec. 207. Investigation of live poultry dealers. 

Sec. 208. Award of attorney fees. 

Sec. 209. Technical amendments. 

TITLE III—GAO REPORTS 

Sec. 301. Review and report on fragility and national security in the food system. 


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Sec. 302. Review and report on racial and ethnic disparities in meat and poultry processing. 

Sec. 303. GAO report on line speeds. 

1 SEC. 2. FINDINGS. 

2 Congress finds that— 

3 (1) meat and poultry slaughter and processing 

4 is a particularly dangerous occupation, with meat 

5 and poultry processing workers suffering injuries at 

6 measurably higher rates than workers in other pri7 vate sector industries; 

8 (2) meat and poultry processing workers face 

9 double the rate of amputations as the average work10 er in private industry, and injuries such as sprains, 

11 lacerations, and contusions are common among poul12 try workers; 

13 (3) meat and poultry processing workers suffer 

14 from musculoskeletal injuries, such as carpal tunnel 

15 syndrome, ‘‘trigger finger’’, tendinitis, rotator cuff 

16 injuries, lower back injuries, and chronic pain and 

17 numbness, in numbers that can exceed 50 percent of 

18 workers; 

19 (4) higher line speeds in meat and poultry proc20 essing facilities is a recognized risk factor that leads 

21 to increased risk of both laceration and musculo22 skeletal injuries; 

23 (5) meat and poultry processing work was and 

24 continues to be particularly dangerous during the 


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1 Coronavirus Disease 2019 (COVID–19) pandemic 

2 due to, among other factors— 

3 (A) the easily transmissible nature of the 

4 virus via aerosol and droplet; 

5 (B) the close proximity of meat processing 

6 workers; 

7 (C) cold conditions inside meat processing 

8 facilities; and 

9 (D) the pace and physical rigor of meat 

10 and poultry processing work; 

11 (6) during the COVID–19 pandemic, covered 

12 establishments have implemented policies and proce13 dures that have— 

14 (A) increased workers’ risk of exposure to 

15 SARS–CoV–2; 

16 (B) prioritized processing rates over work17 er health and welfare; and 

18 (C) caused a disparate adverse impact on 

19 Asian, Black, and Latino workers in the meat 

20 and poultry processing industry; 

21 (7) enforcement of requirements of the Occupa22 tional Safety and Health Administration in the meat 

23 and poultry processing industry has been fundamen24 tally inadequate, especially during the COVID–19 

25 pandemic; and 


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1 (8) meat and poultry processing workers are 

2 subjected to exploitative conditions and abusive be3 havior by employers— 

4 (A) including— 

5 (i) use of abusive and humiliating 

6 shouting by supervisors accusing workers 

7 of not working fast enough and harassing 

8 them to work ‘‘faster’’ and ‘‘harder’’; 

9 (ii) use of sexualized language to har10 ass women workers to work ‘‘harder’’ and 

11 ‘‘faster’’; 

12 (iii) patterns of direct sexual harass13 ment and incidents of sexual assault; and 

14 (iv) little or no accountability or re15 dress for emotional, sexualized, or psycho16 logical abuse due to— 

17 (I) weak enforcement of, and 

18 noncompliance with, discrimination 

19 protections; and 

20 (II) meat and poultry processing 

21 workers not reporting the abuse due 

22 to fear of receiving more abuse, hav23 ing their employment terminated, or 

24 being reported to immigration en25 forcement; and 


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1 (B) that lead to long-term psychological 

2 impacts, including— 

3 (i) increased feelings of anger and 

4 stress by workers pressured to work faster 

5 and more aggressively to slaughter animals 

6 on killing lines; and 

7 (ii) episodes of panic and fear by 

8 workers who were required to continue 

9 working during COVID–19 outbreaks. 

10 SEC. 3. DEFINITIONS. 

11 In this Act: 

12 (1) COVERED ESTABLISHMENT.—The term 

13 ‘‘covered establishment’’ means— 

14 (A) an official establishment (as defined in 

15 section 301.2 of title 9, Code of Federal Regu16 lations (or successor regulations)) that is sub17 ject to inspection under the Federal Meat In18 spection Act (21 U.S.C. 601 et seq.); and 

19 (B) an official establishment (as defined in 

20 section 381.1 of title 9, Code of Federal Regu21 lations (or successor regulations)) that is sub22 ject to inspection under the Poultry Products 

23 Inspection Act (21 U.S.C. 451 et seq.). 

24 (2) COVERED PERIOD.—The term ‘‘covered pe25 riod’’ means the period beginning on the date of enVerDate Sep 11 2014 00:51 Dec 10, 2021 Jkt 029200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S3285.IS S3285

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1 actment of this Act and ending on the date that is 

2 90 days after the date on which the COVID–19 

3 emergency is lifted. 

4 (3) COVID–19 EMERGENCY.—The term 

5 ‘‘COVID–19 emergency’’ means the public health 

6 emergency declared by the Secretary of Health and 

7 Human Services under section 319 of the Public 

8 Health Service Act (42 U.S.C. 247d) on January 

9 31, 2020, with respect to COVID–19. 

10 (4) EMPLOYEE; EMPLOYER.—Unless otherwise 

11 specified, the terms ‘‘employee’’ and ‘‘employer’’ 

12 have the meanings given those terms in section 3 of 

13 the Occupational Safety and Health Act of 1970 (29 

14 U.S.C. 652). 

15 TITLE I—REFORMS TO PROTECT 

16 MEAT AND POULTRY PROC17 ESSING WORKERS 

18 Subtitle A—Department of 

19 Agriculture 

20 SEC. 101. RULE ON INCREASED LINE SPEEDS AT MEAT AND 

21 POULTRY ESTABLISHMENTS. 

22 (a) DEFINITIONS.—In this section: 

23 (1) ADMINISTRATOR.—The term ‘‘Adminis24 trator’’ means the Administrator of the Service. 


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1 (2) ASSISTANT SECRETARY.—The term ‘‘Assist2 ant Secretary’’ means the Assistant Secretary of 

3 Labor for Occupational Safety and Health. 

4 (3) DIRECTOR.—The term ‘‘Director’’ means 

5 the Director of the National Institute for Occupa6 tional Safety and Health. 

7 (4) SECRETARY.—The term ‘‘Secretary’’ means 

8 the Secretary of Agriculture. 

9 (5) SERVICE.—The term ‘‘Service’’ means the 

10 Food Safety Inspection Service. 

11 (b) RULE ON WAIVERS.— 

12 (1) IN GENERAL.—Notwithstanding any other 

13 provision of law (including regulations, including 

14 sections 303.1(h) and 381.3(b) of title 9, Code of 

15 Federal Regulations (or successor regulations)), the 

16 Secretary, acting through the Administrator, shall 

17 not issue a waiver relating to line speeds at a cov18 ered establishment or inspection staffing require19 ments for a covered establishment unless the covered 

20 establishment— 

21 (A) agrees to an inspection conducted by 

22 the Assistant Secretary or the Director for the 

23 purposes of the waiver; and 

24 (B) the Assistant Secretary or the Director 

25 certifies to the Secretary that any increases in 


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1 line speed at the covered establishment would 

2 not have an adverse impact on worker safety. 

3 (2) INSPECTIONS.—An inspection conducted by 

4 the Assistant Secretary or the Director under para5 graph (1)(A) shall include— 

6 (A) an ergonomic analysis of all jobs in the 

7 applicable covered establishment that may expe8 rience an increased work pace due to increasing 

9 the number of animals being slaughtered— 

10 (i) per minute; and 

11 (ii) per hour; 

12 (B) an assessment of the current rates of 

13 musculoskeletal disorders in the covered estab14 lishment; 

15 (C) a review of current efforts at the cov16 ered establishment to mitigate those disorders, 

17 including a review of how medical personnel at 

18 the covered establishment manage those dis19 orders; and 

20 (D) a review of the impact of any proposed 

21 line speed increases on the pace of work for 

22 workers on the slaughter and production lines 

23 of the covered establishment (including the 

24 workers that package the meat). 


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1 (3) LIMITATION ON AUTHORITY OVER LINE

2 SPEEDS.—None of the funds made available to the 

3 Secretary during the covered period may be used to 

4 develop, propose, finalize, issue, amend, or imple5 ment any policy, regulation, directive, constituent 

6 update, or any other agency program that would in7 crease line speeds at covered establishments. 

8 (4) EFFECT ON STATE LAW.— 

9 (A) IN GENERAL.—This subsection shall 

10 not preempt or limit any law or regulation of a 

11 State or a political subdivision of a State that— 

12 (i) imposes requirements that are 

13 more protective of worker safety or animal 

14 welfare than the requirements of this sub15 section; or 

16 (ii) creates penalties for conduct regu17 lated by this subsection. 

18 (B) OTHER LAWS.—The requirements of 

19 this subsection are in addition to, and not in 

20 lieu of, any other laws protecting worker safety 

21 and animal welfare. 

22 (c) TRANSPARENCY IN RULEMAKING.—With respect 

23 to each rulemaking proceeding initiated by the Adminis24 trator on or after the date of enactment of this Act, the 

25 Administrator shall comply with— 


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1 (1) the data quality guidelines of the Service, 

2 which state that the Service and the offices of the 

3 Service are held to a standard of transparency to en4 sure that the information shared by the Service is 

5 presented in an accurate, reliable, and unbiased 

6 manner; and 

7 (2) Executive Order 13563 (5 U.S.C. 601 note; 

8 relating to improving regulation and regulatory re9 view), which requires Federal agencies to provide 

10 timely online access to relevant scientific information 

11 in an open format that can easily be searched and 

12 downloaded during a proposed rulemaking. 

13 (d) EVALUATION OF RULEMAKING AND POLICIES.— 

14 In evaluating the impact of any future rulemaking or pol15 icy, the Secretary shall request that the Director conduct 

16 an evaluation of the rulemaking or policy that includes a 

17 review of— 

18 (1) current safety conditions and injuries and 

19 illnesses at the applicable covered establishments, in20 cluding medical exams and medical histories; 

21 (2) whether the policy proposals will increase 

22 the pace of work for any employee at the applicable 

23 covered establishments; and 

24 (3) whether, and the extent to which, the policy 

25 proposals will impact worker safety. 


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1 (e) REPORTS.— 

2 (1) REPORT TO CONGRESS.—Not later than 

3 180 days after the date of enactment of this Act, the 

4 Secretary, the Secretary of Labor, and the Secretary 

5 of Health and Human Services shall each submit to 

6 the Committee on Agriculture, Nutrition, and For7 estry and the Committee on Health, Education, 

8 Labor, and Pensions of the Senate and the Com9 mittee on Agriculture and the Committee on Edu10 cation and Labor of the House of Representatives, 

11 a report that— 

12 (A) describes the actions taken by that 

13 Secretary to ensure worker, animal, and food 

14 safety during the COVID–19 emergency; and 

15 (B) includes an analysis of the issues de16 scribed in paragraphs (1) through (12) of sec17 tion 303(b). 

18 (2) REPORTS ON IMPLEMENTATION OF

19 RULES.— 

20 (A) IN GENERAL.—Not later than 1 year 

21 after the implementation of any rule relating to 

22 line speeds at covered establishments, the Sec23 retary shall submit to Congress a report on the 

24 impact of the rule on— 


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1 (i) line speeds at covered establish2 ments; 

3 (ii) worker safety and health at cov4 ered establishments; 

5 (iii) ergonomic aspects of jobs at cov6 ered establishments; and 

7 (iv) staffing levels that will ensure 

8 worker safety at covered establishments. 

9 (B) REQUIREMENT.—A report under sub10 paragraph (A) shall include— 

11 (i) the results of a study carried out 

12 by an industrial engineer on every type of 

13 job at covered establishments impacted by 

14 the applicable rule; 

15 (ii) a determination of the industrial 

16 engineer of the number of workers need17 ed— 

18 (I) to do each job safely; and 

19 (II) to operate the covered estab20 lishment at different line speeds; and 

21 (iii) a job crewing report prepared by 

22 the industrial engineer. 


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1 Subtitle B—Fair Attendance 

2 Policies 

3 SEC. 111. DEFINITIONS. 

4 In this subtitle: 

5 (1) EMPLOYEE.—The term ‘‘employee’’ means 

6 an individual who is— 

7 (A)(i) an employee, as defined in section 

8 3(e) of the Fair Labor Standards Act of 1938 

9 (29 U.S.C. 203(e)), who is not covered under 

10 subparagraph (E), including such an employee 

11 of the Library of Congress, except that a ref12 erence in such section to an employer shall be 

13 considered to be a reference to an employer de14 scribed in clauses (i)(I) and (ii) of paragraph 

15 (2)(A); or 

16 (ii) an employee of the Government Ac17 countability Office; 

18 (B) a State employee described in section 

19 304(a) of the Government Employee Rights Act 

20 of 1991 (42 U.S.C. 2000e–16c(a)); 

21 (C) a covered employee, as defined in sec22 tion 101 of the Congressional Accountability 

23 Act of 1995 (2 U.S.C. 1301); 

24 (D) a covered employee, as defined in sec25 tion 411(c) of title 3, United States Code; or 


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1 (E) a Federal officer or employee covered 

2 under subchapter V of chapter 63 of title 5, 

3 United States Code. 

4 (2) EMPLOYER.— 

5 (A) IN GENERAL.—The term ‘‘employer’’ 

6 means a person who is— 

7 (i)(I) a covered employer, as defined 

8 in subparagraph (B), who is not covered 

9 under subclause (V); 

10 (II) an entity employing a State em11 ployee described in section 304(a) of the 

12 Government Employee Rights Act of 1991; 

13 (III) an employing office, as defined 

14 in section 101 of the Congressional Ac15 countability Act of 1995; 

16 (IV) an employing office, as defined in 

17 section 411(c) of title 3, United States 

18 Code; or 

19 (V) an employing agency covered 

20 under subchapter V of chapter 63 of title 

21 5, United States Code; and 

22 (ii) engaged in commerce (including 

23 government), or an industry or activity af24 fecting commerce (including government), 

25 as defined in subparagraph (B)(iii). 


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1 (B) COVERED EMPLOYER.— 

2 (i) IN GENERAL.—In subparagraph 

3 (A)(i)(I), the term ‘‘covered employer’’— 

4 (I) means any person engaged in 

5 commerce or in any industry or activ6 ity affecting commerce who employs 

7 15 or more employees for each work8 ing day during each of 20 or more 

9 calendar workweeks in the current or 

10 preceding year; 

11 (II) includes— 

12 (aa) any person who acts, 

13 directly or indirectly, in the inter14 est of an employer to any of the 

15 employees of such employer; and 

16 (bb) any successor in inter17 est of an employer; 

18 (III) includes any public agency, 

19 as defined in section 3(x) of the Fair 

20 Labor Standards Act of 1938 (29 

21 U.S.C. 203(x)); and 

22 (IV) includes the Government 

23 Accountability Office and the Library 

24 of Congress. 


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1 (ii) PUBLIC AGENCY.—For purposes 

2 of clause (i)(III), a public agency shall be 

3 considered to be a person engaged in com4 merce or in an industry or activity affect5 ing commerce. 

6 (iii) DEFINITIONS.—For purposes of 

7 this subparagraph: 

8 (I) COMMERCE.—The terms 

9 ‘‘commerce’’ and ‘‘industry or activity 

10 affecting commerce’’ mean any activ11 ity, business, or industry in commerce 

12 or in which a labor dispute would 

13 hinder or obstruct commerce or the 

14 free flow of commerce, and include 

15 commerce and any industry affecting 

16 commerce, as defined in paragraphs 

17 (1) and (3) of section 501 of the 

18 Labor Management Relations Act, 

19 1947 (29 U.S.C. 142). 

20 (II) EMPLOYEE.—The term ‘‘em21 ployee’’ has the meaning given such 

22 term in section 3(e) of the Fair Labor 

23 Standards Act of 1938 (29 U.S.C. 

24 203(e)). 


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1 (C) PREDECESSORS.—Any reference in 

2 this paragraph to an employer shall include a 

3 reference to any predecessor of such employer. 

4 (3) LEGALLY PROTECTED LEAVE.—The term 

5 ‘‘legally protected leave’’, when used with respect to 

6 an employee, means leave that is protected under a 

7 Federal, State, or local law applicable to the em8 ployee. 

9 (4) NO FAULT ATTENDANCE POLICY.—The 

10 term ‘‘no fault attendance policy’’ means a policy or 

11 pattern and practice maintained by an employer 

12 under which employees face consequences for any 

13 absence, tardy, or early departure through the as14 sessment of points (also referred to as ‘‘demerits’’ or 

15 ‘‘occurrences’’) or deductions from an allotted bank 

16 of time, and those points or deductions subject the 

17 employee to progressive disciplinary action, which 

18 may include failure to receive a promotion, loss of 

19 pay, or termination. 

20 (5) PERSON.—The term ‘‘person’’ has the 

21 meaning given such term in section 701(a) of the 

22 Civil Rights Act of 1964 (42 U.S.C. 2000e(a)). 

23 (6) SECRETARY.—The term ‘‘Secretary’’ means 

24 the Secretary of Labor, acting through the Adminis25 trator of the Wage and Hour Division. 


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1 SEC. 112. REQUIREMENTS FOR EMPLOYERS RELATING TO 

2 NO FAULT ATTENDANCE POLICIES OR AT3 TENDANCE SYSTEMS. 

4 (a) REQUIREMENTS FOR NO FAULT ATTENDANCE

5 POLICY.—It shall be considered an unlawful employment 

6 practice for an employer to maintain a no fault attendance 

7 policy, unless the employer complies with the following: 

8 (1) The no fault attendance policy shall be dis9 tributed in writing— 

10 (A) not later than 90 days after the date 

11 of enactment of this Act, to all employees em12 ployed by the employer as of that date of dis13 tribution; and 

14 (B) with respect to each employee hired by 

15 the employer after such date of enactment, 

16 upon the commencement of the employee’s em17 ployment. 

18 (2) If any changes are made to the no fault at19 tendance policy, the no fault attendance policy shall 

20 be distributed in writing to all employees by not 

21 later than 30 days after the date of the changes. 

22 (3) The employer shall provide employees with 

23 a means of accessing the no fault attendance policy 

24 at any physical workplace and outside of a physical 

25 workplace. 


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1 (4) The no fault attendance policy shall explic2 itly state that employees will not face disciplinary 

3 action or other adverse consequences, which may in4 clude the assessment of points or a deduction from 

5 an allotted bank of time, for legally protected leave. 

6 (5) The no fault attendance policy shall specifi7 cally reference and provide a reasonable amount of 

8 detail about all Federal, State, and local laws appli9 cable to the employees that provide legally protected 

10 leave, including the Americans with Disabilities Act 

11 of 1990 (42 U.S.C. 12101 et seq.), the Family and 

12 Medical Leave Act of 1993 (29 U.S.C. 2601 et seq.), 

13 and chapter 43 of title 38, United States Code. 

14 (6) The no fault attendance policy shall identify 

15 a process for employees to complete each of the fol16 lowing: 

17 (A) Report that an absence is for legally 

18 protected leave. 

19 (B) Provide medical documentation, if it is 

20 required under the no fault attendance policy in 

21 order to avoid disciplinary action or other ad22 verse consequences for legally protected leave. 

23 (C) Seek removal of points that an em24 ployee believes were wrongly assessed, or the 

25 restoration of time that an employee believes 


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1 was wrongly deducted for legally protected 

2 leave. 

3 (D) Delay the reporting of an absence in 

4 unforeseen or emergency circumstances without 

5 incurring additional points or discipline. 

6 (b) REQUIREMENTS FOR ATTENDANCE SYSTEMS.— 

7 It shall be an unlawful employment practice for an em8 ployer to maintain any attendance system policy, or pat9 tern and practice, that discourages employees from exer10 cising, or attempting to exercise, any right to legally pro11 tected leave. 

12 (c) ADDITIONAL PROHIBITIONS.— 

13 (1) INTERFERENCE WITH RIGHTS.— 

14 (A) EXERCISE OF RIGHTS.—It shall be an 

15 unlawful employment practice for any employer 

16 to interfere with, restrain, or deny the exercise 

17 of, or the attempt to exercise, any right pro18 vided under this subtitle, including— 

19 (i) discharging or discriminating 

20 against (including retaliating against) any 

21 individual for exercising, or attempting to 

22 exercise, any right provided under this sub23 title; or 

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1 ployment action, such as hiring, promotion, 

2 reducing hours or number of shifts, or a 

3 disciplinary action. 

4 (B) DISCRIMINATION.—It shall be an un5 lawful employment practice for any employer to 

6 discharge or in any other manner discriminate 

7 against (including retaliating against) any indi8 vidual for opposing any practice made unlawful 

9 by this subtitle. 

10 (2) INTERFERENCE WITH PROCEEDINGS OR IN11 QUIRIES.—It shall be unlawful employment practice 

12 for any person to discharge or in any other manner 

13 discriminate against (including retaliating against) 

14 any individual because such individual— 

15 (A) has filed an action, or has instituted or 

16 caused to be instituted any proceeding, under 

17 or related to this subtitle; 

18 (B) has given, or is about to give, any in19 formation in connection with any inquiry or 

20 proceeding relating to any right provided under 

21 this subtitle; or 

22 (C) has testified, or is about to testify, in 

23 any inquiry or proceeding relating to any right 

24 provided under this subtitle. 


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1 SEC. 113. ENFORCEMENT AUTHORITY. 

2 (a) IN GENERAL.— 

3 (1) DEFINITION.—In this subsection— 

4 (A) the term ‘‘employee’’ means an em5 ployee described in subparagraph (A) or (B) of 

6 section 111(1); and 

7 (B) the term ‘‘employer’’ means an em8 ployer described in subclause (I) or (II) of sec9 tion 111(2)(A)(i). 

10 (2) INVESTIGATIVE AUTHORITY.— 

11 (A) IN GENERAL.—To ensure compliance 

12 with the provisions of this subtitle, or any regu13 lation or order issued under this subtitle, the 

14 Secretary shall have the investigative authority 

15 provided under section 11(a) of the Fair Labor 

16 Standards Act of 1938 (29 U.S.C. 211(a)), 

17 with respect to employers, employees, and other 

18 individuals affected. 

19 (B) SUBPOENA AUTHORITY.—For the pur20 poses of any investigation provided for in this 

21 paragraph, the Secretary shall have the sub22 poena authority provided for under section 9 of 

23 the Fair Labor Standards Act of 1938 (29 

24 U.S.C. 209). 

25 (3) CIVIL ACTION BY EMPLOYEES OR INDIVID26 UALS.— 


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1 (A) RIGHT OF ACTION.—An action to re2 cover the damages or equitable relief prescribed 

3 in subparagraph (B) may be maintained 

4 against any employer in any Federal or State 

5 court of competent jurisdiction by one or more 

6 employees or individuals or their representative 

7 for and on behalf of— 

8 (i) the employees or individuals; or 

9 (ii) the employees or individuals and 

10 others similarly situated. 

11 (B) LIABILITY.—Any employer who vio12 lates section 112 shall be liable to any employee 

13 or individual affected— 

14 (i) for damages equal to— 

15 (I) the amount of— 

16 (aa) any wages, salary, em17 ployment benefits, or other com18 pensation denied or lost by rea19 son of the violation; or 

20 (bb) in a case in which 

21 wages, salary, employment bene22 fits, or other compensation have 

23 not been denied or lost, any ac24 tual monetary losses sustained as 

25 a direct result of the violation up 


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1 to a sum equal to 56 hours of 

2 wages or salary for the employee 

3 or individual; 

4 (II) the interest on the amount 

5 described in subclause (I) calculated 

6 at the prevailing rate; and 

7 (III) an additional amount as liq8 uidated damages; and 

9 (ii) for such equitable relief as may be 

10 appropriate, including employment, rein11 statement, and promotion. 

12 (C) FEES AND COSTS.—The court in an 

13 action under this paragraph shall, in addition to 

14 any judgment awarded to the plaintiff, allow a 

15 reasonable attorney’s fee, reasonable expert wit16 ness fees, and other costs of the action to be 

17 paid by the defendant. 

18 (4) ACTION BY THE SECRETARY.— 

19 (A) ADMINISTRATIVE ACTION.—The Sec20 retary shall receive, investigate, and attempt to 

21 resolve complaints of violations of section 112 

22 in the same manner that the Secretary receives, 

23 investigates, and attempts to resolve complaints 

24 of violations of sections 6 and 7 of the Fair 


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1 Labor Standards Act of 1938 (29 U.S.C. 206 

2 and 207). 

3 (B) CIVIL ACTION.—The Secretary may 

4 bring an action in any court of competent juris5 diction to recover the damages described in 

6 paragraph (3)(B)(i). 

7 (C) SUMS RECOVERED.—Any sums recov8 ered by the Secretary pursuant to subparagraph 

9 (B) shall be held in a special deposit account 

10 and shall be paid, on order of the Secretary, di11 rectly to each employee or individual affected. 

12 Any such sums not paid to an employee or indi13 vidual affected because of inability to do so 

14 within a period of 3 years shall be deposited 

15 into the Treasury of the United States as mis16 cellaneous receipts. 

17 (5) LIMITATION.— 

18 (A) IN GENERAL.—Except as provided in 

19 subparagraph (B), an action may be brought 

20 under paragraph (3), (4), or (6) not later than 

21 2 years after the date of the last event consti22 tuting the alleged violation for which the action 

23 is brought. 

24 (B) WILLFUL VIOLATION.—In the case of 

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1 tion 112, such action may be brought not later 

2 than 3 years after of the last event constituting 

3 the alleged violation for which such action is 

4 brought. 

5 (C) COMMENCEMENT.—In determining 

6 when an action is commenced under paragraph 

7 (3), (4), or (6) for the purposes of this para8 graph, it shall be considered to be commenced 

9 on the date when the complaint is filed. 

10 (6) ACTION FOR INJUNCTION BY SECRETARY.— 

11 The district courts of the United States shall have 

12 jurisdiction, for cause shown, in an action brought 

13 by the Secretary— 

14 (A) to restrain violations of section 112, 

15 including the restraint of any withholding of 

16 payment of wages, salary, employment benefits, 

17 or other compensation, plus interest, found by 

18 the court to be due to employees or individuals 

19 eligible under this subtitle; or 

20 (B) to award such other equitable relief as 

21 may be appropriate, including employment, re22 instatement, and promotion. 

23 (7) SOLICITOR OF LABOR.—The Solicitor of 

24 Labor may appear for and represent the Secretary 


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1 on any litigation brought under paragraph (4) or 

2 (6). 

3 (8) GOVERNMENT ACCOUNTABILITY OFFICE

4 AND LIBRARY OF CONGRESS.—Notwithstanding any 

5 other provision of this subsection, in the case of the 

6 Government Accountability Office and the Library of 

7 Congress, the authority of the Secretary of Labor 

8 under this subsection shall be exercised respectively 

9 by the Comptroller General of the United States and 

10 the Librarian of Congress. 

11 (b) EMPLOYEES COVERED BY CONGRESSIONAL AC12 COUNTABILITY ACT OF 1995.—The powers, remedies, and 

13 procedures provided in the Congressional Accountability 

14 Act of 1995 (2 U.S.C. 1301 et seq.) to the Board (as de15 fined in section 101 of that Act (2 U.S.C. 1301)), or any 

16 person, alleging a violation of section 202(a)(1) of that 

17 Act (2 U.S.C. 1312(a)(1)) shall be the powers, remedies, 

18 and procedures this subtitle provides to that Board, or any 

19 person, alleging an unlawful employment practice in viola20 tion of this subtitle against an employee described in sec21 tion 111(1)(C). 

22 (c) EMPLOYEES COVERED BY CHAPTER 5 OF TITLE

23 3, UNITED STATES CODE.—The powers, remedies, and 

24 procedures provided in chapter 5 of title 3, United States 

25 Code, to the President, the Merit Systems Protection 


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1 Board, or any person, alleging a violation of section 

2 412(a)(1) of that title, shall be the powers, remedies, and 

3 procedures this subtitle provides to the President, that 

4 Board, or any person, respectively, alleging an unlawful 

5 employment practice in violation of this subtitle against 

6 an employee described in section 111(1)(D). 

7 (d) EMPLOYEES COVERED BY CHAPTER 63 OF TITLE

8 5, UNITED STATES CODE.—The powers, remedies, and 

9 procedures provided in title 5, United States Code, to an 

10 employing agency, provided in chapter 12 of that title to 

11 the Merit Systems Protection Board, or provided in that 

12 title to any person, alleging a violation of chapter 63 of 

13 that title, shall be the powers, remedies, and procedures 

14 this subtitle provides to that agency, that Board, or any 

15 person, respectively, alleging an unlawful employment 

16 practice in violation of this subtitle against an employee 

17 described in section 111(1)(E). 

18 SEC. 114. REGULATIONS. 

19 (a) IN GENERAL.— 

20 (1) AUTHORITY.—Except as provided in para21 graph (2), not later than 180 days after the date of 

22 enactment of this Act, the Secretary, in coordination 

23 with the Equal Employment Opportunity Commis24 sion and the heads of other relevant Federal agen25 cies, shall prescribe such regulations as are necVerDate Sep 11 2014 00:51 Dec 10, 2021 Jkt 029200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\S3285.IS S3285

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1 essary to carry out this subtitle with respect to em2 ployees described in subparagraph (A) or (B) of sec3 tion 111(1) and other individuals affected by em4 ployers described in subclause (I) or (II) of section 

5 111(2)(A)(i). 

6 (2) GOVERNMENT ACCOUNTABILITY OFFICE; LI7 BRARY OF CONGRESS.—The Comptroller General of 

8 the United States and the Librarian of Congress 

9 shall prescribe the regulations with respect to em10 ployees of the Government Accountability Office and 

11 the Library of Congress, respectively, and other indi12 viduals affected by the Comptroller General of the 

13 United States and the Librarian of Congress, re14 spectively. 

15 (b) EMPLOYEES COVERED BY CONGRESSIONAL AC16 COUNTABILITY ACT OF 1995.— 

17 (1) AUTHORITY.—Not later than 90 days after 

18 the Secretary prescribes regulations under sub19 section (a), the Board of Directors of the Office of 

20 Compliance shall prescribe (in accordance with sec21 tion 304 of the Congressional Accountability Act of 

22 1995 (2 U.S.C. 1384)) such regulations as are nec23 essary to carry out this subtitle with respect to em24 ployees described in section 111(1)(C) and other inVerDate Sep 11 2014 00:51 Dec 10, 2021 Jkt 029200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:\BILLS\S3285.IS S3285

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1 dividuals affected by employers described in section 

2 111(2)(A)(i)(III). 

3 (2) AGENCY REGULATIONS.—The regulations 

4 prescribed under paragraph (1) shall be the same as 

5 substantive regulations promulgated by the Sec6 retary to carry out this subtitle except insofar as the 

7 Board may determine, for good cause shown and 

8 stated together with the regulations prescribed 

9 under paragraph (1), that a modification of such 

10 regulations would be more effective for the imple11 mentation of the rights and protections involved 

12 under this section. 

13 (c) EMPLOYEES COVERED BY CHAPTER 5 OF TITLE

14 3, UNITED STATES CODE.— 

15 (1) AUTHORITY.—Not later than 90 days after 

16 the Secretary prescribes regulations under sub17 section (a), the President (or the designee of the 

18 President) shall prescribe such regulations as are 

19 necessary to carry out this subtitle with respect to 

20 employees described in section 111(1)(D) and other 

21 individuals affected by employers described in sec22 tion 111(2)(A)(i)(IV). 

23 (2) AGENCY REGULATIONS.—The regulations 

24 prescribed under paragraph (1) shall be the same as 

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1 retary to carry out this subtitle except insofar as the 

2 President (or designee) may determine, for good 

3 cause shown and stated together with the regula4 tions prescribed under paragraph (1), that a modi5 fication of such regulations would be more effective 

6 for the implementation of the rights and protections 

7 involved under this section. 

8 (d) EMPLOYEES COVERED BY CHAPTER 63 OF TITLE

9 5, UNITED STATES CODE.— 

10 (1) AUTHORITY.—Not later than 90 days after 

11 the Secretary prescribes regulations under sub12 section (a), the Director of the Office of Personnel 

13 Management shall prescribe such regulations as are 

14 necessary to carry out this subtitle with respect to 

15 employees described in section 111(1)(E) and other 

16 individuals affected by employers described in sec17 tion 111(2)(A)(i)(V). 

18 (2) AGENCY REGULATIONS.—The regulations 

19 prescribed under paragraph (1) shall be the same as 

20 substantive regulations promulgated by the Sec21 retary to carry out this subtitle except insofar as the 

22 Director may determine, for good cause shown and 

23 stated together with the regulations prescribed 

24 under paragraph (1), that a modification of such 

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1 mentation of the rights and protections involved 

2 under this section. 

3 (e) REQUIREMENTS FOR ALL REGULATIONS.—All 

4 regulations prescribed under this section shall— 

5 (1) be issued in an accessible format in accord6 ance with subchapter II of chapter 5 of title 5, 

7 United States Code; and 

8 (2) provide an example of a model no fault at9 tendance policy that conforms to the requirements of 

10 this subtitle. 

11 SEC. 115. RELATIONSHIP TO OTHER LAWS. 

12 Nothing in this subtitle shall be construed to invali13 date or limit the powers, remedies, and procedures under 

14 any Federal law or law of any State or political subdivision 

15 of any State or jurisdiction that provide leave rights, 

16 whether paid or unpaid (such as sick time, family or med17 ical leave, and time off as an accommodation). 

18 SEC. 116. WAIVER OF STATE IMMUNITY. 

19 A State shall not be immune under the 11th Amend20 ment to the Constitution of the United States from an 

21 action in a Federal or State court of competent jurisdic22 tion for a violation of this subtitle. In any action against 

23 a State for a violation of this subtitle, remedies (including 

24 remedies both at law and in equity) are available for such 

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1 able for such a violation in an action against any public 

2 or private entity other than a State. 

3 SEC. 117. SEVERABILITY. 

4 If any provision of this subtitle or the application of 

5 that provision to particular persons or circumstances is 

6 held invalid or found to be unconstitutional, the remainder 

7 of this subtitle and the application of that provision to 

8 other persons or circumstances shall not be affected. 

9 Subtitle C—Occupational Safety 

10 and Health Administration Re11 forms 

12 SEC. 121. DEFINITIONS. 

13 In this title, the terms ‘‘Secretary’’ and ‘‘State’’ have 

14 the meanings given such terms in section 3 of the Occupa15 tional Safety and Health Act of 1970 (29 U.S.C. 652). 

16 SEC. 122. ENSURING COMPLIANCE WITH EMPLOYEE 

17 RIGHTS TO USE TOILET FACILITIES AT COV18 ERED ESTABLISHMENTS. 

19 (a) IN GENERAL.—During any inspection of a cov20 ered establishment conducted pursuant to section 8 of the 

21 Occupational Safety and Health Act of 1970 (29 U.S.C. 

22 657), the Secretary shall verify that the employer of em23 ployees working at such establishment is in compliance 

24 with the occupational safety and health standard set forth 

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1 tions, as in effect on the day before the date of enactment 

2 of this Act, for employers to provide prompt access for 

3 employees to visit and use toilet facilities, including such 

4 standard as interpreted by the memorandum for regional 

5 administrators and State designees regarding ‘‘Interpreta6 tion of 29 CFR. 1910.141(c)(1): Toilet Facilities’’ issued 

7 by the Occupational Safety and Health Administration on 

8 April 6, 1998. 

9 (b) REQUIREMENTS.—In carrying out subsection (a), 

10 the Secretary shall verify that the employer described in 

11 such subsection— 

12 (1) allows employees to leave their work loca13 tions to use a toilet facility when needed and without 

14 punishment; 

15 (2) provides an adequate number of toilet facili16 ties for the size of the workforce to prevent long 

17 lines; 

18 (3) avoids imposing unreasonable restrictions 

19 including waiting lists on the use of toilet facilities; 

20 (4) ensures that restrictions, such as locking 

21 doors or requiring employees to sign out a key, do 

22 not cause extended delays in access to toilet facili23 ties; and 

24 (5) compensates each employee for breaks for 

25 using toilet facilities at the regular rate of pay of the 


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1 employee in accordance with section 785.18 of title 

2 29, Code of Federal Regulations, as in effect on the 

3 day before the date of enactment of this Act, and 

4 any other applicable Federal, State, or local law. 

5 SEC. 123. OCCUPATIONAL SAFETY AND HEALTH STAND6 ARDS TO PROTECT EMPLOYEES IN COVERED 

7 ESTABLISHMENTS. 

8 (a) STANDARD FOR PROTECTING EMPLOYEES FROM

9 OCCUPATIONAL RISK FACTORS CAUSING MUSCULO10 SKELETAL DISORDERS.— 

11 (1) PROPOSED STANDARD.—Not later than 1 

12 year after the date of enactment of this Act, the 

13 Secretary shall, pursuant to section 6 of the Occupa14 tional Safety and Health Act of 1970 (29 U.S.C. 

15 655), publish in the Federal Register a proposed 

16 standard for ergonomic program management for 

17 covered establishments. Such proposed standard 

18 shall include requirements for— 

19 (A) hazard identification and ergonomic 

20 job evaluations, including requirements for em21 ployee and authorized employee representative 

22 participation in such identification; 

23 (B) hazard control, which such require24 ments rely on the principles of the hierarchy of 

25 controls and which may include measures such 


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1 as rest breaks, equipment and workstation rede2 sign, work pace reductions, or job rotation to 

3 less forceful or repetitive jobs; 

4 (C) training for employees regarding em5 ployer activities, occupational risk factors, and 

6 training on controls and recognition of symp7 toms of musculoskeletal disorders; and 

8 (D) medical management that includes— 

9 (i) encouraging early reporting of 

10 musculoskeletal disorder symptoms; 

11 (ii) first aid delivered by those oper12 ating under State licensing requirements; 

13 and 

14 (iii) systematic evaluation and early 

15 referral for medical attention. 

16 (2) FINAL STANDARD.—Not later than 30 

17 months after the date of enactment this Act, the 

18 Secretary shall, pursuant to section 6 of the Occupa19 tional Safety and Health Act of 1970 (29 U.S.C. 

20 655), publish in the Federal Register a final stand21 ard based on the proposed standard under para22 graph (1). 

23 (b) STANDARD FOR PROTECTING EMPLOYEES FROM

24 DELAYS IN MEDICAL TREATMENT REFERRALS FOL25 LOWING INJURIES OR ILLNESSES.— 


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1 (1) PROPOSED STANDARD.—Not later than 3 

2 months after the date of enactment of this Act, the 

3 Secretary shall, pursuant to section 6 of the Occupa4 tional Safety and Health Act of 1970 (29 U.S.C. 

5 655), publish in the Federal Register a proposed 

6 standard requiring that all employers with employees 

7 working at a covered establishment who, in accord8 ance with the standard promulgated under section 

9 1910.151 of title 29, Code of Federal Regulations, 

10 as in effect on the day before the date of enactment 

11 of this Act, are required to have a person readily 

12 available at the establishment who is adequately 

13 trained to render first aid, shall ensure that such 

14 person— 

15 (A) without delay, refers any such em16 ployee who reports an injury or illness that re17 quires further medical treatment to an appro18 priate medical professional of the employee’s 

19 choice for such treatment; 

20 (B) provides for occupational medicine con21 sultation services through a physician who is 

22 board certified in occupational medicine, which 

23 services shall include— 

24 (i) regular review of any health and 

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1 gram, or ergonomics program of the em2 ployer; 

3 (ii) review of any work-related injury 

4 or illness of an employee; 

5 (iii) providing onsite health services 

6 for treatment of such injury or illness; and 

7 (iv) consultation referral to a local 

8 health care provider for treating such in9 jury or illness; and 

10 (C) complies with the licensing require11 ments for licensed practical nurses or registered 

12 nurses in the State in which the establishment 

13 is located. 

14 (2) FINAL STANDARD.—Not later than 1 year 

15 after the date of enactment of this Act, the Sec16 retary shall, pursuant to section 6 of the Occupa17 tional Safety and Health Act of 1970 (29 U.S.C. 

18 655), publish in the Federal Register a final stand19 ard based on the proposed standard under para20 graph (1). 

21 (c) STANDARD FOR PROTECTING EMPLOYEES FROM

22 AIRBORNE CONTAGIONS.— 

23 (1) EMERGENCY TEMPORARY STANDARD FOR

24 COVID–19.—In consideration of the grave danger 

25 presented by COVID–19 and the need to strengthen 


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1 protections for workers at covered establishments, 

2 notwithstanding the provisions of law and the Exec3 utive orders listed in paragraph (4), not later than 

4 7 days after the date of enactment of this Act, the 

5 Secretary of Labor shall promulgate an emergency 

6 temporary standard to protect all employees, con7 tractors, and temporary workers at covered estab8 lishments from occupational exposure to SARS– 

9 CoV–2. 

10 (2) EXTENSION OF STANDARD.—Notwith11 standing paragraphs (2) and (3) of section 6(c) of 

12 the Occupational Safety and Health Act of 1970 (29 

13 8 U.S.C. 655(c)), the emergency temporary standard 

14 promulgated under this subsection shall be in effect 

15 until the date on which the final standard promul16 gated under paragraph (5) is in effect. 

17 (3) STATE PLAN ADOPTION.—With respect to a 

18 State with a State plan that has been approved by 

19 the Secretary of Labor under section 18 of the Oc20 cupational Safety and Health Act of 1970 (29 

21 U.S.C. 667), not later than 14 days after the date 

22 of enactment of this Act, such State shall promul23 gate an emergency temporary standard that is at 

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1 ments from occupational exposure to SARS–CoV–2 

2 as the emergency temporary standard promulgated 

3 under this subsection. 

4 (4) INAPPLICABLE PROVISIONS OF LAW AND

5 EXECUTIVE ORDER.—The provisions of law and the 

6 Executive orders listed in this paragraph are as fol7 lows: 

8 (A) The requirements of chapter 6 of title 

9 5, United States Code (commonly referred to as 

10 the ‘‘Regulatory Flexibility Act’’). 

11 (B) Subchapter I of chapter 35 of title 44, 

12 United States Code (commonly referred to as 

13 the ‘‘Paperwork Reduction Act’’). 

14 (C) The Unfunded Mandates Reform Act 

15 of 1995 (2 U.S.C. 1501 et seq.). 

16 (D) Executive Order 12866 (58 Fed. Reg. 

17 190; relating to regulatory planning and re18 view), as amended. 

19 (E) Executive Order 13771 (82 Fed. Reg. 

20 9339, relating to reducing regulation and con21 trolling regulatory costs). 

22 (5) FINAL STANDARD.—Not later than 24 

23 months after the date of enactment of this Act, the 

24 Secretary of Labor shall, pursuant to section 6 of 


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1 the Occupational Safety and Health Act (29 U.S.C. 

2 655), promulgate a final standard— 

3 (A) to protect employees, contractors, and 

4 temporary workers at covered establishments 

5 from occupational exposure to infectious patho6 gens, including airborne and novel pathogens; 

7 and 

8 (B) that shall be effective and enforceable 

9 in the same manner and to the same extent as 

10 a standard promulgated under section 6(b) of 

11 the Occupational Safety and Health Act of 

12 1970 (29 U.S.C. 655(b)). 

13 (6) CONSULTATION.—In developing the stand14 ards under this subsection, the Secretary shall con15 sult with— 

16 (A) the Director of the Centers for Disease 

17 Control and Prevention; 

18 (B) the Director of the National Institute 

19 for Occupational Safety and Health; and 

20 (C) the professional associations and rep21 resentatives of the employees, contractors, and 

22 temporary workers at covered establishments. 

23 (7) REQUIREMENTS.—Each standard promul24 gated under this subsection shall include— 


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1 (A) a requirement that the covered estab2 lishments— 

3 (i) develop and implement a com4 prehensive infectious disease exposure con5 trol plan, with the input and involvement 

6 of employees or, where applicable, the rep7 resentatives of employees, as appropriate, 

8 to address the risk of occupational expo9 sure; 

10 (ii) record and report each work-re11 lated COVID–19 infection and death, as 

12 set forth in part 1904 of title 29, Code of 

13 Federal Regulations (as in effect on the 

14 date of enactment of this Act), and section 

15 129 of this Act; and 

16 (iii) reduce meat and poultry proc17 essing rates to achieve social distancing 

18 and implement applicable requirements 

19 sufficient to protect worker health with an 

20 adequate margin of safety; 

21 (B) no less protection for novel pathogens 

22 than precautions mandated by standards adopt23 ed by a State plan that has been approved by 

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1 tional Safety and Health Act of 1970 (29 

2 U.S.C. 667); and 

3 (C) the incorporation, as appropriate, of— 

4 (i) guidelines issued by the Centers 

5 for Disease Control and Prevention, the 

6 National Institute for Occupational Safety 

7 and Health, and the Occupational Safety 

8 and Health Administration, which are de9 signed to prevent the transmission of infec10 tious agents in health care or other occu11 pational settings; and 

12 (ii) relevant scientific research on air13 borne and novel pathogens. 

14 (8) ENFORCEMENT.—This subsection shall be 

15 enforced in the same manner and to the same extent 

16 as any standard promulgated under section 6(b) of 

17 the Occupational Safety and Health Act of 1970 (29 

18 U.S.C. 655(b)). 

19 SEC. 124. PERMANENT REGIONAL EMPHASIS INSPECTION 

20 PROGRAM; EXPANDING INSPECTIONS. 

21 (a) REGIONAL EMPHASIS INSPECTION PROGRAM.— 

22 (1) IN GENERAL.—Not later than 30 days after 

23 the date of enactment of this Act, the Secretary 

24 shall, pursuant to section 8 of the Occupational 

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1 plement a regional emphasis inspection program for 

2 covered establishments in every State of the United 

3 States in which a covered establishment is located. 

4 Such program shall cover— 

5 (A) amputation hazards; 

6 (B) ergonomics; 

7 (C) hazards related to line speeds; 

8 (D) bathroom breaks; 

9 (E) use of chemicals such as peracetic acid 

10 (antimicrobials); and 

11 (F) working conditions in high and low 

12 temperatures. 

13 (2) STATE PLANS.—Not later than 30 days 

14 after the date of enactment of this Act, a State with 

15 a State plan that has been approved by the Sec16 retary under section 18 of such Act (29 U.S.C. 667) 

17 shall adopt in each region within the State in which 

18 covered establishment is located a regional emphasis 

19 inspection program that is at least as effective as 

20 the program under paragraph (1). 

21 (b) EXPANDING INSPECTIONS WHEN INFORMATION

22 PRESENTS POSSIBLE ADDITIONAL DANGERS.— 

23 (1) IN GENERAL.—In the case the Secretary 

24 conducts a physical inspection of a covered establish25 ment pursuant to section 8 of such Act in response 


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1 to a referral, complaint, or fatality, and the Sec2 retary, during such inspection makes a determina3 tion under paragraph (2), the Secretary shall expand 

4 such inspection to all areas of the establishment. 

5 (2) DETERMINATION.—A determination de6 scribed in this paragraph is either of the following: 

7 (A) A determination, following a review of 

8 records of work-related injuries and illnesses 

9 maintained in accordance with such section 8, 

10 that a work-related injury or illness may be re11 lated to a workplace danger that may threaten 

12 physical harm. 

13 (B) A determination, upon interviews with 

14 employees, that a workplace danger may threat15 en physical harm. 

16 SEC. 125. REPRESENTATIVES DURING PHYSICAL INSPEC17 TIONS. 

18 (a) PROPOSED RULE.—Not later than 1 year after 

19 the date of enactment of this Act, the Secretary shall, 

20 under section 8(e) of the Occupational Safety and Health 

21 Act of 1970 (29 U.S.C. 657(e)), publish in the Federal 

22 Register a regulation providing that during a physical in23 spection of a covered establishment under such section— 

24 (1) the representative authorized by employees 

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1 retary during the inspection as described in such 

2 section shall not be required to be an employee of 

3 the employer; 

4 (2) where there is no representative authorized 

5 by employees as described in paragraph (1), the em6 ployees may designate a person affiliated with a 

7 worker-based community organization to serve as 

8 such representative; and 

9 (3) the inspector may arrange for interviews 

10 with employees off-site upon the request of the rep11 resentative or designated person. 

12 (b) FINAL RULE.—Not later than 2 years after the 

13 date of enactment of this Act, the Secretary shall publish 

14 in the Federal Register a final rule for the proposed rule 

15 under subsection (a). 

16 SEC. 126. ENHANCED PROTECTIONS FROM RETALIATION. 

17 (a) EMPLOYEE ACTIONS.—Section 11(c)(1) of the 

18 Occupational Safety and Health Act of 1970 (29 U.S.C. 

19 660(c)(1)) is amended— 

20 (1) by striking ‘‘discharge’’ and all that follows 

21 through ‘‘because such’’ and inserting the following: 

22 ‘‘discharge or cause to be discharged, or in any 

23 other manner retaliate or discriminate against or 

24 cause to be retaliated or discriminated against, any 

25 employee because— 


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1 ‘‘(A) such’’; 

2 (2) by striking ‘‘this Act or has’’ and inserting 

3 the following: ‘‘this Act; 

4 ‘‘(B) such employee has’’; 

5 (3) by striking ‘‘in any such proceeding or be6 cause of the exercise’’ and inserting the following: 

7 ‘‘before Congress or in any Federal or State pro8 ceeding related to safety or health; 

9 ‘‘(C) such employee has refused to violate 

10 any provision of this Act; or 

11 ‘‘(D) of the exercise’’; and 

12 (4) by inserting before the period at the end the 

13 following: ‘‘, including the reporting of any injury, 

14 illness, or unsafe condition to the employer, agent of 

15 the employer, safety and health committee involved, 

16 or employee safety and health representative in17 volved’’. 

18 (b) PROHIBITION OF RETALIATION; PROCEDURE.— 

19 Section 11 of such Act (29 U.S.C. 660) is amended— 

20 (1) in subsection (c)— 

21 (A) in paragraph (2)— 

22 (i) by striking ‘‘discharged or other23 wise discriminated against by any person 

24 in violation of this subsection’’ and insertVerDate Sep 11 2014 00:51 Dec 10, 2021 Jkt 029200 PO 00000 Frm 00048 Fmt 6652 Sfmt 6201 E:\BILLS\S3285.IS S3285

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1 ing ‘‘aggrieved by a violation of this sub2 section’’; and 

3 (ii) by striking ‘‘such discrimination’’ 

4 and inserting ‘‘such violation’’; and 

5 (B) by adding at the end the following: 

6 ‘‘(4) EXCEPTION FOR MEAT AND POULTRY ES7 TABLISHMENTS.—Paragraphs (2) and (3) shall not 

8 apply with respect to a complaint filed by an em9 ployee of an employer that is a covered establish10 ment, as defined in section 3 of the Protecting 

11 America’s Meatpacking Workers Act.’’; and 

12 (2) by adding at the end the following: 

13 ‘‘(d) MEAT AND POULTRY ESTABLISHMENTS.— 

14 ‘‘(1) DEFINITIONS.—In this subsection: 

15 ‘‘(A) COMPLAINANT.—The term ‘complain16 ant’ means a complainant who is a covered em17 ployee. 

18 ‘‘(B) COVERED EMPLOYEE.—The term 

19 ‘covered employee’ means an employee of a cov20 ered employer. 

21 ‘‘(C) COVERED EMPLOYER.—The term 

22 ‘covered employer’ means an employer that is a 

23 covered establishment, as defined in section 3 of 

24 the Protecting America’s Meatpacking Workers 

25 Act. 


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1 ‘‘(D) RESPONDENT.—The term ‘respond2 ent’ means a respondent who is a covered em3 ployer. 

4 ‘‘(2) REASONABLE APPREHENSION.— 

5 ‘‘(A) IN GENERAL.—No person shall dis6 charge, or cause to be discharged, or in any 

7 other manner retaliate or discriminate against, 

8 or cause to be retaliated or discriminated 

9 against, a covered employee for refusing to per10 form the covered employee’s duties if the cov11 ered employee has a reasonable apprehension 

12 that performing such duties would result in se13 rious injury to, or serious impairment of the 

14 health of, the covered employee or other covered 

15 employees. 

16 ‘‘(B) CIRCUMSTANCES.—For purposes of 

17 subparagraph (A), the circumstances causing 

18 the covered employee’s reasonable apprehension 

19 described in such subparagraph shall be of such 

20 a nature that a reasonable person, under the 

21 circumstances confronting the covered em22 ployee, would conclude that performing the du23 ties described in such subparagraph would have 

24 the result described in such subparagraph. 


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1 ‘‘(C) COMMUNICATION.—In order to qual2 ify for protection under this paragraph, the cov3 ered employee, when practicable, shall have 

4 communicated or attempted to communicate the 

5 safety or health concern to the covered em6 ployer and have not received from the covered 

7 employer a response reasonably calculated to 

8 allay such concern. 

9 ‘‘(3) COMPLAINT.—Any covered employee who 

10 believes that the covered employee has been dis11 charged, disciplined, or otherwise retaliated or dis12 criminated against by any person in violation of sub13 section (c)(1) or paragraph (2) of this subsection 

14 may seek relief for such violation by filing a com15 plaint with the Secretary under paragraph (5). 

16 ‘‘(4) STATUTE OF LIMITATIONS.— 

17 ‘‘(A) IN GENERAL.—A covered employee 

18 may take the action permitted by paragraph (3) 

19 not later than 180 days after the later of— 

20 ‘‘(i) the date on which an alleged vio21 lation of subsection (c)(1) or paragraph (2) 

22 of this subsection occurs; or 

23 ‘‘(ii) the date on which the covered 

24 employee knows or should reasonably have 

25 known that such alleged violation occurred. 


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1 ‘‘(B) REPEAT VIOLATION.—Except in 

2 cases when the covered employee has been dis3 charged, a violation of subsection (c)(1) or 

4 paragraph (2) of this subsection shall be consid5 ered to have occurred on the last date an al6 leged repeat violation occurred. 

7 ‘‘(5) INVESTIGATION.— 

8 ‘‘(A) IN GENERAL.—A covered employee 

9 may, within the time period required under 

10 paragraph (4)(A), file a complaint with the Sec11 retary alleging a violation of subsection (c)(1) 

12 or paragraph (2) of this subsection. If the com13 plaint alleges a prima facie case, the Secretary 

14 shall conduct an investigation of the allegations 

15 in the complaint, which— 

16 ‘‘(i) shall include— 

17 ‘‘(I) interviewing the complain18 ant; 

19 ‘‘(II) providing the respondent an 

20 opportunity to— 

21 ‘‘(aa) submit to the Sec22 retary a written response to the 

23 complaint; and 

24 ‘‘(bb) meet with the Sec25 retary to present statements from 


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1 witnesses or provide evidence; 

2 and 

3 ‘‘(III) providing the complainant 

4 an opportunity to— 

5 ‘‘(aa) receive any statements 

6 or evidence provided to the Sec7 retary; 

8 ‘‘(bb) meet with the Sec9 retary; and 

10 ‘‘(cc) rebut any statements 

11 or evidence; and 

12 ‘‘(ii) may include issuing subpoenas 

13 for the purposes of such investigation. 

14 ‘‘(B) DECISION.—Not later than 90 days 

15 after the filing of the complaint under this 

16 paragraph, the Secretary shall— 

17 ‘‘(i) determine whether reasonable 

18 cause exists to believe that a violation of 

19 subsection (c)(1) or paragraph (2) of this 

20 subsection has occurred; and 

21 ‘‘(ii) issue a decision granting or de22 nying relief. 

23 ‘‘(6) PRELIMINARY ORDER FOLLOWING INVES24 TIGATION.—If, after completion of an investigation 

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1 able cause to believe that a violation of subsection 

2 (c)(1) or paragraph (2) of this subsection has oc3 curred, the Secretary shall issue a preliminary order 

4 providing relief authorized under paragraph (14) at 

5 the same time the Secretary issues a decision under 

6 paragraph (5)(B). If a de novo hearing is not re7 quested within the time period required under para8 graph (7)(A)(i), such preliminary order shall be 

9 deemed a final order of the Secretary and is not 

10 subject to judicial review. 

11 ‘‘(7) HEARING.— 

12 ‘‘(A) REQUEST FOR HEARING.— 

13 ‘‘(i) IN GENERAL.—A de novo hearing 

14 on the record before an administrative law 

15 judge may be requested— 

16 ‘‘(I) by the complainant or re17 spondent within 30 days after receiv18 ing notification of a decision granting 

19 or denying relief issued under para20 graph (5)(B) or a preliminary order 

21 under paragraph (6), respectively; 

22 ‘‘(II) by the complainant within 

23 30 days after the date the complaint 

24 is dismissed without investigation by 


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1 the Secretary under paragraph (5)(A); 

2 or 

3 ‘‘(III) by the complainant within 

4 120 days after the date of filing the 

5 complaint under paragraph (5), if the 

6 Secretary has not issued a decision 

7 under paragraph (5)(B). 

8 ‘‘(ii) REINSTATEMENT ORDER.—The 

9 request for a hearing shall not operate to 

10 stay any preliminary reinstatement order 

11 issued under paragraph (6). 

12 ‘‘(B) PROCEDURES.— 

13 ‘‘(i) IN GENERAL.—A hearing re14 quested under this paragraph shall be con15 ducted expeditiously and in accordance 

16 with rules established by the Secretary for 

17 hearings conducted by administrative law 

18 judges. 

19 ‘‘(ii) SUBPOENAS; PRODUCTION OF

20 EVIDENCE.—In conducting any such hear21 ing, the administrative law judge may issue 

22 subpoenas. The respondent or complainant 

23 may request the issuance of subpoenas 

24 that require the deposition of, or the at25 tendance and testimony of, witnesses and 


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1 the production of any evidence (including 

2 any books, papers, documents, or record3 ings) relating to the matter under consid4 eration. 

5 ‘‘(iii) DECISION.—The administrative 

6 law judge shall issue a decision not later 

7 than 90 days after the date on which a 

8 hearing was requested under this para9 graph and promptly notify, in writing, the 

10 parties and the Secretary of such decision, 

11 including the findings of fact and conclu12 sions of law. If the administrative law 

13 judge finds that a violation of subsection 

14 (c)(1) or paragraph (2) of this subsection 

15 has occurred, the judge shall issue an 

16 order for relief under paragraph (14). If 

17 review under paragraph (8) is not timely 

18 requested, such order shall be deemed a 

19 final order of the Secretary that is not sub20 ject to judicial review. 

21 ‘‘(8) ADMINISTRATIVE APPEAL.— 

22 ‘‘(A) IN GENERAL.—Not later than 30 

23 days after the date of notification of a decision 

24 and order issued by an administrative law judge 

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1 spondent may file, with objections, an adminis2 trative appeal with an administrative review 

3 body designated by the Secretary (referred to in 

4 this paragraph as the ‘review board’). 

5 ‘‘(B) STANDARD OF REVIEW.—In review6 ing the decision and order of the administrative 

7 law judge, the review board shall affirm the de8 cision and order if it is determined that the fac9 tual findings set forth therein are supported by 

10 substantial evidence and the decision and order 

11 are made in accordance with applicable law. 

12 ‘‘(C) DECISIONS.—If the review board 

13 grants an administrative appeal, the review 

14 board shall issue a final decision and order af15 firming or reversing, in whole or in part, the 

16 decision under review by not later than 90 days 

17 after receipt of the administrative appeal. If it 

18 is determined that a violation of subsection 

19 (c)(1) or paragraph (2) of this subsection has 

20 occurred, the review board shall issue a final 

21 decision and order providing relief authorized 

22 under paragraph (14). Such decision and order 

23 shall constitute final agency action with respect 

24 to the matter appealed. 


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1 ‘‘(9) SETTLEMENT IN THE ADMINISTRATIVE

2 PROCESS.— 

3 ‘‘(A) IN GENERAL.—At any time before 

4 issuance of a final order, an investigation or 

5 proceeding under this subsection may be termi6 nated on the basis of a settlement agreement 

7 entered into by the parties. 

8 ‘‘(B) PUBLIC POLICY CONSIDERATIONS.— 

9 Neither the Secretary, an administrative law 

10 judge, nor the review board conducting a hear11 ing under this subsection shall accept a settle12 ment that contains conditions conflicting with 

13 the rights protected under this Act or that are 

14 contrary to public policy, including a restriction 

15 on a complainant’s right to future employment 

16 with employers other than the specific covered 

17 employers named in a complaint. 

18 ‘‘(10) INACTION BY THE REVIEW BOARD OR AD19 MINISTRATIVE LAW JUDGE.— 

20 ‘‘(A) IN GENERAL.—The complainant may 

21 bring a de novo action described in subpara22 graph (B) if— 

23 ‘‘(i) an administrative law judge has 

24 not issued a decision and order within the 


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1 90-day time period required under para2 graph (7)(B)(iii); or 

3 ‘‘(ii) the review board has not issued 

4 a decision and order within the 90-day 

5 time period required under paragraph 

6 (8)(C). 

7 ‘‘(B) DE NOVO ACTION.—Such de novo ac8 tion may be brought at law or equity in the 

9 United States district court for the district 

10 where a violation of subsection (c)(1) or para11 graph (2) of this subsection allegedly occurred 

12 or where the complainant resided on the date of 

13 such alleged violation. The court shall have ju14 risdiction over such action without regard to the 

15 amount in controversy and to order appropriate 

16 relief under paragraph (14). Such action shall, 

17 at the request of either party to such action, be 

18 tried by the court with a jury. 

19 ‘‘(11) JUDICIAL REVIEW.— 

20 ‘‘(A) TIMELY APPEAL TO THE COURT OF

21 APPEALS.—Any party adversely affected or ag22 grieved by a final decision and order issued 

23 under this subsection may obtain review of such 

24 decision and order in the United States Court 

25 of Appeals for the circuit where the violation, 


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1 with respect to which such final decision and 

2 order was issued, allegedly occurred or where 

3 the complainant resided on the date of such al4 leged violation. To obtain such review, a party 

5 shall file a petition for review not later than 60 

6 days after the final decision and order was 

7 issued. Such review shall conform to chapter 7 

8 of title 5, United States Code. The commence9 ment of proceedings under this subparagraph 

10 shall not, unless ordered by the court, operate 

11 as a stay of the final decision and order. 

12 ‘‘(B) LIMITATION ON COLLATERAL AT13 TACK.—An order and decision with respect to 

14 which review may be obtained under subpara15 graph (A) shall not be subject to judicial review 

16 in any criminal or other civil proceeding. 

17 ‘‘(12) ENFORCEMENT OF ORDER.—If a re18 spondent fails to comply with an order issued under 

19 this subsection, the Secretary or the complainant on 

20 whose behalf the order was issued may file a civil ac21 tion for enforcement in the United States district 

22 court for the district in which the violation was 

23 found to occur to enforce such order. If both the 

24 Secretary and the complainant file such action, the 

25 action of the Secretary shall take precedence. The 


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1 district court shall have jurisdiction to grant all ap2 propriate relief described in paragraph (14). 

3 ‘‘(13) BURDENS OF PROOF.— 

4 ‘‘(A) CRITERIA FOR DETERMINATION.—In 

5 making a determination or adjudicating a com6 plaint pursuant to this subsection, the Sec7 retary, administrative law judge, review board, 

8 or a court may determine that a violation of 

9 subsection (c)(1) or paragraph (2) of this sub10 section has occurred only if the complainant 

11 demonstrates that any conduct described in 

12 subsection (c)(1) or paragraph (2) of this sub13 section with respect to the complainant was a 

14 contributing factor in the adverse action alleged 

15 in the complaint. 

16 ‘‘(B) PROHIBITION.—Notwithstanding sub17 paragraph (A), a decision or order that is favor18 able to the complainant shall not be issued in 

19 any administrative or judicial action pursuant 

20 to this subsection if the respondent dem21 onstrates by clear and convincing evidence that 

22 the respondent would have taken the same ad23 verse action in the absence of such conduct. 

24 ‘‘(14) RELIEF.— 


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1 ‘‘(A) ORDER FOR RELIEF.—If the Sec2 retary, administrative law judge, review board, 

3 or a court determines that a covered employer 

4 has violated subsection (c)(1) or paragraph (2) 

5 of this subsection, the Secretary, administrative 

6 law judge, review board, or court, respectively, 

7 shall have jurisdiction to order all appropriate 

8 relief, including injunctive relief, and compen9 satory and exemplary damages, including— 

10 ‘‘(i) affirmative action to abate the 

11 violation; 

12 ‘‘(ii) reinstatement without loss of po13 sition or seniority, and restoration of the 

14 terms, rights, conditions, and privileges as15 sociated with the complainant’s employ16 ment, including opportunities for pro17 motions to positions with equivalent or bet18 ter compensation for which the complain19 ant is qualified; 

20 ‘‘(iii) compensatory and consequential 

21 damages sufficient to make the complain22 ant whole (including back pay, prejudg23 ment interest, and other damages); and 

24 ‘‘(iv) expungement of all warnings, 

25 reprimands, or derogatory references that 


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1 have been placed in paper or electronic 

2 records or databases of any type relating 

3 to the actions by the complainant that 

4 gave rise to the unfavorable personnel ac5 tion, and, at the complainant’s direction, 

6 transmission of a copy of the decision on 

7 the complaint to any person whom the 

8 complainant reasonably believes may have 

9 received such unfavorable information. 

10 ‘‘(B) ATTORNEYS’ FEES AND COSTS.—If 

11 the Secretary or an administrative law judge, 

12 review board, or court grants an order for relief 

13 under subparagraph (A), the Secretary, admin14 istrative law judge, review board, or court, re15 spectively, shall assess, at the request of the 

16 covered employee against the covered em17 ployer— 

18 ‘‘(i) reasonable attorneys’ fees; and 

19 ‘‘(ii) costs (including expert witness 

20 fees) reasonably incurred, as determined 

21 by the Secretary, administrative law judge, 

22 review board, or court, respectively, in con23 nection with bringing the complaint upon 

24 which the order was issued. 


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1 ‘‘(15) PROCEDURAL RIGHTS.—The rights and 

2 remedies provided for in this subsection may not be 

3 waived by any agreement, policy, form, or condition 

4 of employment, including by any pre-dispute arbitra5 tion agreement or collective bargaining agreement. 

6 ‘‘(16) SAVINGS.—Nothing in this subsection 

7 shall be construed to diminish the rights, privileges, 

8 or remedies of any covered employee who exercises 

9 rights under any Federal or State law or common 

10 law, or under any collective bargaining agreement. 

11 ‘‘(17) ELECTION OF VENUE.— 

12 ‘‘(A) IN GENERAL.—A covered employee of 

13 a covered employer who is located in a State 

14 that has a State plan approved under section 

15 18 may file a complaint alleging a violation of 

16 subsection (c)(1) or paragraph (2) of this sub17 section by such employer with— 

18 ‘‘(i) the Secretary under paragraph 

19 (5); or 

20 ‘‘(ii) a State plan administrator in 

21 such State. 

22 ‘‘(B) REFERRALS.—If— 

23 ‘‘(i) the Secretary receives a complaint 

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1 retary shall not refer such complaint to a 

2 State plan administrator for resolution; or 

3 ‘‘(ii) a State plan administrator re4 ceives a complaint pursuant to subpara5 graph (A)(ii), the State plan administrator 

6 shall not refer such complaint to the Sec7 retary for resolution. 

8 ‘‘(18) PRESUMPTION OF RETALIATION.—The 

9 Secretary shall apply an unrebuttable presumption 

10 of retaliation in any complaint initiated under para11 graph (5) in which the Secretary finds a covered em12 ployee suffers an adverse action within 90 days of 

13 the date on which the covered employee took any ac14 tion protected under subsection (c)(1) or raised any 

15 reasonable apprehension under paragraph (2) of this 

16 subsection. 

17 ‘‘(19) SUPPLEMENT AND NOT SUPPLANT.—The 

18 remedies provided for under this subsection supple19 ment, and do not supplant, the private right of ac20 tion under section 130 of the Protecting America’s 

21 Meatpacking Workers Act. 

22 ‘‘(20) DEFINITIONS.—For purposes of this sub23 section and subsection (c)— 

24 ‘‘(A) the term ‘retaliate or discriminate 

25 against’ includes reporting, or threatening to 


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1 report, to a Federal, State, or local authority 

2 the suspected citizenship or immigration status 

3 of a covered employee, or of a family member 

4 of a covered employee, because the covered em5 ployee raises a concern about workplace health 

6 and safety practices or hazards; and 

7 ‘‘(B) the term ‘family member’, with re8 spect to the family member of a covered em9 ployee, means an individual who— 

10 ‘‘(i) is related to the covered employee 

11 by blood, adoption, marriage, or domestic 

12 partnership; and 

13 ‘‘(ii) is a significant other, parent, sib14 ling, child, uncle, aunt, niece, nephew, 

15 cousin, grandparent, or grandchild of the 

16 covered employee.’’. 

17 (c) RELATION TO ENFORCEMENT.—Section 17(j) of 

18 such Act (29 U.S.C. 666(j)) is amended by inserting be19 fore the period the following: ‘‘, including the history of 

20 violations under subsection (c) or (d) of section 11’’. 

21 SEC. 127. REGULATIONS TO RESTORE A COLUMN ON RE22 QUIRED RECORDS OF WORK-RELATED MUS23 CULOSKELETAL DISORDERS. 

24 Not later than 1 year after the date of enactment 

25 of this Act, the Secretary shall issue a final rule regarding 


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1 matters pertaining to the proposed rule issued by the Sec2 retary on January 29, 2010, entitled ‘‘Occupational Injury 

3 and Illness Recording and Reporting Requirements’’ (75 

4 Fed. Reg. 4728). 

5 SEC. 128. FUNDING FOR ADDITIONAL OSHA INSPECTORS. 

6 Out of any amounts in the Treasury not otherwise 

7 appropriated, there is appropriated $60,000,000 to the 

8 Secretary for each of fiscal years 2022 through 2027, to 

9 remain available until expended for— 

10 (1) the hiring of additional inspectors to carry 

11 out inspections under section 8 of the Occupational 

12 Safety and Health Act of 1970 (29 U.S.C. 657); and 

13 (2) carrying out sections 6, 8, and 11 of the 

14 Occupational Safety and Health Act of 1970 (29 

15 U.S.C. 655; 657; and 660), as amended by this Act. 

16 SEC. 129. OSHA REPORTING. 

17 (a) DEFINITION OF PANDEMIC.—In this section, the 

18 term ‘‘pandemic’’ means a public health emergency de19 clared under section 319 of the Public Health Service Act 

20 (42 U.S.C. 247d) with respect to a pandemic. 

21 (b) REPORTING DURING A PANDEMIC.— 

22 (1) STANDARDIZED REPORTING.— 

23 (A) IN GENERAL.—The Secretary shall es24 tablish a standardized process for covered es25 tablishments to report, on a weekly basis during 


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1 a pandemic, to the Secretary information re2 garding infections and deaths related to the 

3 pandemic. Such information shall include— 

4 (i) the number of employees on a 

5 weekly and cumulative basis that have con6 tracted the disease resulting in the pan7 demic; 

8 (ii) racial demographics of such em9 ployees; and 

10 (iii) the employment status of such 

11 employees. 

12 (B) FORM AND PROCEDURES.— 

13 (i) COVID–19.—Not later than 7 

14 days after the date of enactment of this 

15 Act, the Secretary shall issue reporting 

16 procedures described in subparagraph (A), 

17 including forms for such procedures, for 

18 reporting the information described in such 

19 subparagraph during the pandemic with 

20 respect to COVID–19. 

21 (ii) FUTURE PANDEMICS.—Not later 

22 than 1 year after the date of enactment of 

23 this Act, or 7 days following a declaration 

24 of a pandemic other than COVID–19, 

25 whichever is sooner, the Secretary shall 


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1 issue reporting procedures described in 

2 subparagraph (A), including forms for 

3 such procedures, for pandemics other than 

4 COVID–19. 

5 (2) PUBLIC AVAILABILITY.—The Secretary 

6 shall make the information reported under para7 graph (1) available to the public in a manner that 

8 facilitates public participation, including by making 

9 such information available on its website in a man10 ner that maximizes public participation. 

11 (3) PRIVACY.—A covered establishment, in re12 porting information to the Secretary under para13 graph (1), may not claim confidential business infor14 mation or patient privacy, except that such an estab15 lishment may withhold the names of workers, as a 

16 basis to withhold information. 

17 (c) DISCLOSURES TO EMPLOYEES.—A covered estab18 lishment shall disclose to each employee or individual pro19 viding work for the employer, including any individual pro20 viding such work through a contract or subcontract, all 

21 chemicals used at the worksite where the employee or indi22 vidual provides such work. Such disclosure shall be pro23 vided to the employee or individual in the native language 

24 of the employee or individual. 


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1 SEC. 130. PRIVATE RIGHT OF ACTION. 

2 (a) IN GENERAL.—Any person aggrieved by the fail3 ure of a covered establishment to comply with the Occupa4 tional Safety and Health Act of 1970 (29 U.S.C. 651 et 

5 seq.), including any regulation promulgated pursuant to 

6 such Act, or to comply with this subtitle may file suit in 

7 any district court of the United States having jurisdiction 

8 of the parties, without respect to the amount in con9 troversy and without regard to the citizenship of the par10 ties, or in any other court of competent jurisdiction. 

11 (b) RIGHT OF RECOVERY.—In an action brought by 

12 any aggrieved person pursuant to this section, the person 

13 may recover equitable and legal relief (including compen14 satory and punitive damages), attorney’s fees (including 

15 expert fees), and costs of the action. 

16 (c) ACTION BY THE SECRETARY.—Any administra17 tive enforcement by the Secretary shall not preclude the 

18 relief afforded by this section or otherwise deprive a court 

19 of jurisdiction. 

20 SEC. 131. INJUNCTION PROCEEDINGS. 

21 Section 13 of the Occupational Safety and Health Act 

22 of 1970 (29 U.S.C. 662) is amended— 

23 (1) in subsection (a), by adding at the end the 

24 following: ‘‘Any employee (or the representative of 

25 such employee) at a place of employment subject to 


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1 enforcement under this subsection may uncondition2 ally intervene as a matter of right.’’; and 

3 (2) in subsection (d), by adding at the end the 

4 following: ‘‘The right to judicial review provided in 

5 this subsection shall extend to, and the district court 

6 shall have jurisdiction to adjudicate, any action, in7 action, or failure to act by the Secretary with re8 spect to an imminent danger regardless of whether 

9 the Secretary, an inspector, or any other individual 

10 determines the existence or absence of an imminent 

11 danger.’’. 

12 Subtitle D—Savings Provision 

13 SEC. 136. SAVINGS PROVISION. 

14 Nothing in title shall be construed to diminish the 

15 rights, privileges, or remedies of any employee who exer16 cises rights under any Federal or State law or common 

17 law, or under any collective bargaining agreement. 

18 TITLE II—FARM SYSTEM 

19 REFORMS 

20 SEC. 201. EXPANDED MEAT AND POULTRY PROCESSING 

21 GRANTS. 

22 Section 764 of division N of the Consolidated Appro23 priations Act, 2021 (21 U.S.C. 473), is amended— 

24 (1) in subsection (b)— 


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1 (A) in paragraph (2), by redesignating 

2 subparagraphs (A) and (B) as clauses (i) and 

3 (ii), respectively, and indenting appropriately; 

4 (B) by redesignating paragraphs (1) and 

5 (2) as subparagraphs (A) and (B), respectively, 

6 and indenting appropriately; 

7 (C) in the matter preceding subparagraph 

8 (A) (as so redesignated), by striking ‘‘To be eli9 gible’’ and inserting the following: 

10 ‘‘(1) IN GENERAL.—To be eligible’’; 

11 (D) in paragraph (1) (as so designated)— 

12 (i) in the matter preceding subpara13 graph (A) (as so redesignated), by striking 

14 ‘‘shall be—’’ and inserting ‘‘shall—’’; 

15 (ii) in subparagraph (A) (as so redes16 ignated)— 

17 (I) by inserting ‘‘be’’ before ‘‘in 

18 operation’’; and 

19 (II) by striking ‘‘and’’ at the end; 

20 (iii) in subparagraph (B) (as so redes21 ignated)— 

22 (I) in the matter preceding clause 

23 (i) (as so redesignated), by striking 

24 ‘‘seeking’’ and inserting ‘‘seek’’; and 


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1 (II) in clause (ii) (as so redesig2 nated), by striking the period at the 

3 end and inserting ‘‘; and’’; and 

4 (iv) by adding at the end the fol5 lowing: 

6 ‘‘(C) have a labor peace agreement in 

7 place.’’; and 

8 (E) by adding at the end the following: 

9 ‘‘(2) DEFINITION OF LABOR PEACE AGREE10 MENT.—In this subsection, the term ‘labor peace 

11 agreement’ means an agreement— 

12 ‘‘(A) between an employer and a labor or13 ganization that represents, or is actively seeking 

14 to represent, the employees of the employer; 

15 and 

16 ‘‘(B) under which such employer and labor 

17 organization agree that— 

18 ‘‘(i) the employer will not— 

19 ‘‘(I) hinder any effort of an em20 ployee to join a labor organization; or 

21 ‘‘(II) take any action that di22 rectly or indirectly indicates or implies 

23 any opposition to an employee joining 

24 a labor organization; 


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1 ‘‘(ii) the labor organization agrees to 

2 refrain from picketing, work stoppages, or 

3 boycotts against the employer; 

4 ‘‘(iii) the employer provides the labor 

5 organization with employee contact infor6 mation, and facilitates or permits labor or7 ganization access to employees at the 

8 workplace, including facilitating or permit9 ting the labor organization to meet with 

10 employees to discuss joining the labor or11 ganization; and 

12 ‘‘(iv) the employer shall, upon the re13 quest of the labor organization, recognize 

14 the labor organization as the bargaining 

15 representative of the employees if a major16 ity of the employees choose the labor orga17 nization as their bargaining representa18 tive.’’; 

19 (2) in subsection (d)(2)— 

20 (A) in subparagraph (A), by redesignating 

21 clauses (i) and (ii) as subclauses (I) and (II), 

22 respectively, and indenting appropriately; 

23 (B) by redesignating subparagraphs (A) 

24 and (B) as clauses (i) and (ii), respectively, and 

25 indenting appropriately; 


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1 (C) in the matter preceding clause (i) (as 

2 so redesignated), by striking ‘‘recipient shall 

3 agree’’ and inserting the following: ‘‘recipient— 

4 ‘‘(A) shall agree’’; 

5 (D) in subparagraph (A) (as so des6 ignated), in clause (ii) (as so redesignated), by 

7 striking the period at the end and inserting ‘‘; 

8 and’’; and 

9 (E) by adding at the end the following: 

10 ‘‘(B) shall not, for a period of 10 years fol11 lowing the date of receipt of the grant, sell a 

12 slaughter or processing facility to, or merge the 

13 slaughter or processing facility with, a packer 

14 that owns more than 10 percent of the market 

15 share of meat and poultry markets.’’; and 

16 (3) in subsection (f)— 

17 (A) by striking ‘‘Of the funds’’ and insert18 ing the following: 

19 ‘‘(1) IN GENERAL.—Of the funds’’; and 

20 (B) by adding at the end the following: 

21 ‘‘(2) ADDITIONAL FUNDING.—In addition to 

22 amounts made available under paragraph (1), of the 

23 funds of the Treasury not otherwise appropriated, 

24 there is appropriated to carry out this section 


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1 $100,000,000 for the period of fiscal years 2022 

2 through 2031.’’. 

3 SEC. 202. LOCAL AGRICULTURE MARKET PROGRAM. 

4 Section 210A(i)(1) of the Agricultural Marketing Act 

5 of 1946 (7 U.S.C. 1627c(i)(1)) is amended by striking 

6 ‘‘fiscal year 2019’’ and inserting ‘‘each of fiscal years 

7 2019 and 2020, and $500,000,000 for fiscal year 2021’’. 

8 SEC. 203. RESTORATION OF MANDATORY COUNTRY OF ORI9 GIN LABELING FOR BEEF AND PORK; INCLU10 SION OF DAIRY PRODUCTS. 

11 (a) DEFINITIONS.—Section 281 of the Agricultural 

12 Marketing Act of 1946 (7 U.S.C. 1638) is amended— 

13 (1) by redesignating paragraphs (1), (2) 

14 through (5), (6), and (7) as paragraphs (2), (4) 

15 through (7), (9), and (10), respectively; 

16 (2) by inserting before paragraph (2) (as so re17 designated) the following: 

18 ‘‘(1) BEEF.—The term ‘beef’ means meat pro19 duced from cattle (including veal).’’; 

20 (3) in paragraph (2) (as so redesignated)— 

21 (A) in subparagraph (A)— 

22 (i) in clause (i), by striking ‘‘lamb’’ 

23 and inserting ‘‘beef, lamb, pork,’’; 


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1 (ii) in clause (ii), by striking ‘‘ground 

2 lamb’’ and inserting ‘‘ground beef, ground 

3 lamb, ground pork,’’; 

4 (iii) in clause (x), by striking ‘‘and’’ 

5 at the end; 

6 (iv) in clause (xi), by striking the pe7 riod at the end and inserting ‘‘; and’’; and 

8 (v) by adding at the end the following: 

9 ‘‘(xii) dairy products.’’; and 

10 (B) in subparagraph (B), by inserting 

11 ‘‘(other than clause (xii) of that subpara12 graph)’’ after ‘‘subparagraph (A)’’; 

13 (4) by inserting after paragraph (2) (as so re14 designated) the following: 

15 ‘‘(3) DAIRY PRODUCT.—The term ‘dairy prod16 uct’ means— 

17 ‘‘(A) fluid milk; 

18 ‘‘(B) cheese, including cottage cheese and 

19 cream cheese; 

20 ‘‘(C) yogurt; 

21 ‘‘(D) ice cream; 

22 ‘‘(E) butter; and 

23 ‘‘(F) any other dairy product.’’; and 

24 (5) by inserting after paragraph (7) (as so re25 designated) the following: 


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1 ‘‘(8) PORK.—The term ‘pork’ means meat pro2 duced from hogs.’’. 

3 (b) NOTICE OF COUNTRY OF ORIGIN.—Section 

4 282(a) of the Agricultural Marketing Act of 1946 (7 

5 U.S.C. 1638a(a)) is amended by adding at the end the 

6 following: 

7 ‘‘(5) DESIGNATION OF COUNTRY OF ORIGIN

8 FOR DAIRY PRODUCTS.— 

9 ‘‘(A) IN GENERAL.—A retailer of a covered 

10 commodity that is a dairy product shall des11 ignate the origin of the covered commodity as— 

12 ‘‘(i) each country in which or from 

13 which the 1 or more dairy ingredients or 

14 dairy components of the covered com15 modity were produced, originated, or 

16 sourced; and 

17 ‘‘(ii) each country in which the cov18 ered commodity was processed. 

19 ‘‘(B) STATE, REGION, LOCALITY OF THE

20 UNITED STATES.—With respect to a covered 

21 commodity that is a dairy product produced ex22 clusively in the United States, designation by a 

23 retailer of the State, region, or locality of the 

24 United States where the covered commodity 


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1 was produced shall be sufficient to identify the 

2 United States as the country of origin.’’. 

3 SEC. 204. DEFINITIONS IN PACKERS AND STOCKYARDS ACT, 

4 1921. 

5 Section 2(a) of the Packers and Stockyards Act, 

6 1921 (7 U.S.C. 182(a)), is amended— 

7 (1) in paragraph (8), by striking ‘‘for slaugh8 ter’’ and all that follows through ‘‘of such poultry’’ 

9 and inserting ‘‘under a poultry growing arrange10 ment, regardless of whether the poultry is owned by 

11 that person or another person’’; 

12 (2) in paragraph (9), by striking ‘‘and cares for 

13 live poultry for delivery, in accord with another’s in14 structions, for slaughter’’ and inserting ‘‘or cares for 

15 live poultry in accordance with the instructions of 

16 another person’’; 

17 (3) in each of paragraphs (1) through (9), by 

18 striking the semicolon at the end and inserting a pe19 riod; 

20 (4) in paragraph (10)— 

21 (A) by striking ‘‘for the purpose of either 

22 slaughtering it or selling it for slaughter by an23 other’’; and 

24 (B) by striking ‘‘; and’’ at the end and in25 serting a period; and 


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1 (5) by adding at the end the following: 

2 ‘‘(15) FORMULA PRICE.— 

3 ‘‘(A) IN GENERAL.—The term ‘formula 

4 price’ means any price term that establishes a 

5 base from which a purchase price is calculated 

6 on the basis of a price that will not be deter7 mined or reported until a date that is after the 

8 date on which the forward price is established. 

9 ‘‘(B) EXCLUSION.—The term ‘formula 

10 price’ does not include— 

11 ‘‘(i) any price term that establishes a 

12 base from which a purchase price is cal13 culated on the basis of a futures market 

14 price; or 

15 ‘‘(ii) any adjustment to the base for 

16 quality, grade, or other factors relating to 

17 the value of livestock or livestock products 

18 that are readily verifiable market factors 

19 and are outside the control of the packer. 

20 ‘‘(16) FORWARD CONTRACT.—The term ‘for21 ward contract’ means an oral or written contract for 

22 the purchase of livestock that provides for the deliv23 ery of the livestock to a packer at a date that is 

24 more than 7 days after the date on which the conVerDate Sep 11 2014 00:51 Dec 10, 2021 Jkt 029200 PO 00000 Frm 00080 Fmt 6652 Sfmt 6201 E:\BILLS\S3285.IS S3285

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1 tract is entered into, without regard to whether the 

2 contract is for— 

3 ‘‘(A) a specified lot of livestock; or 

4 ‘‘(B) a specified number of livestock over a 

5 certain period of time.’’. 

6 SEC. 205. UNLAWFUL PRACTICES. 

7 (a) IN GENERAL.—Section 202 of the Packers and 

8 Stockyards Act, 1921 (7 U.S.C. 192), is amended— 

9 (1) by redesignating subsections (a) through (f) 

10 and (g) as paragraphs (1) through (6) and (10), re11 spectively, and indenting appropriately; 

12 (2) by striking the section designation and all 

13 that follows through ‘‘It shall be’’ in the matter pre14 ceding paragraph (1) (as so redesignated) and in15 serting the following: 

16 ‘‘SEC. 202. UNLAWFUL ACTS. 

17 ‘‘(a) IN GENERAL.—It shall be’’; 

18 (3) in subsection (a)— 

19 (A) in the matter preceding paragraph (1) 

20 (as so redesignated), by striking ‘‘to:’’ and in21 serting ‘‘to do any of the following:’’; 

22 (B) in each of paragraphs (1) through (6) 

23 (as so redesignated), by striking ‘‘; or’’ each 

24 place it appears and inserting a period; 


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1 (C) in paragraph (6) (as so redesig2 nated)— 

3 (i) by striking ‘‘(1)’’ and inserting 

4 ‘‘(A)’’; 

5 (ii) by striking ‘‘(2)’’ and inserting 

6 ‘‘(B)’’; and 

7 (iii) by striking ‘‘(3)’’ and inserting 

8 ‘‘(C)’’; 

9 (D) by inserting after paragraph (6) the 

10 following: 

11 ‘‘(7) Use, in effectuating any sale of livestock, 

12 a forward contract that— 

13 ‘‘(A) does not contain a firm base price 

14 that may be equated to a fixed dollar amount 

15 on the date on which the forward contract is 

16 entered into; 

17 ‘‘(B) is not offered for bid in an open, pub18 lic manner under which— 

19 ‘‘(i) buyers and sellers have the oppor20 tunity to participate in the bid; 

21 ‘‘(ii) more than 1 blind bid is solic22 ited; and 

23 ‘‘(iii) buyers and sellers may witness 

24 bids that are made and accepted; 

25 ‘‘(C) is based on a formula price; or 


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1 ‘‘(D) provides for the sale of livestock in a 

2 quantity in excess of— 

3 ‘‘(i) in the case of cattle, 40 cattle; 

4 ‘‘(ii) in the case of swine, 30 swine; 

5 and 

6 ‘‘(iii) in the case of another type of 

7 livestock, a comparable quantity of that 

8 type of livestock, as determined by the Sec9 retary. 

10 ‘‘(8) Own or feed livestock directly, through a 

11 subsidiary, or through an arrangement that gives a 

12 packer operational, managerial, or supervisory con13 trol over the livestock, or over the farming operation 

14 that produces the livestock, to such an extent that 

15 the producer of the livestock is not materially par16 ticipating in the management of the operation with 

17 respect to the production of the livestock, except 

18 that this paragraph shall not apply to— 

19 ‘‘(A) an arrangement entered into not 

20 more than 7 business days before slaughter of 

21 the livestock by a packer, a person acting 

22 through the packer, or a person that directly or 

23 indirectly controls, or is controlled by or under 

24 common control with, the packer; 


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1 ‘‘(B) a cooperative or entity owned by a co2 operative, if a majority of the ownership inter3 est in the cooperative is held by active coopera4 tive members that— 

5 ‘‘(i) own, feed, or control the livestock; 

6 and 

7 ‘‘(ii) provide the livestock to the coop8 erative for slaughter; 

9 ‘‘(C) a packer that is not required to re10 port to the Secretary on each reporting day (as 

11 defined in section 212 of the Agricultural Mar12 keting Act of 1946 (7 U.S.C. 1635a)) informa13 tion on the price and quantity of livestock pur14 chased by the packer; or 

15 ‘‘(D) a packer that owns only 1 livestock 

16 processing plant. 

17 ‘‘(9) Take any action that adversely affects or 

18 is likely to adversely affect competition, regardless of 

19 whether there is a business justification for the ac20 tion.’’; and 

21 (E) in paragraph (10) (as so redesig22 nated), by striking ‘‘subdivision (a), (b), (c), 

23 (d), or (e)’’ and inserting ‘‘paragraphs (1) 

24 through (9)’’; and 

25 (4) by adding at the end the following: 


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1 ‘‘(b) UNFAIR, DISCRIMINATORY, AND DECEPTIVE

2 PRACTICES AND DEVICES.—Acts by a packer, swine con3 tractor, or live poultry dealer that violate subsection (a)(1) 

4 include the following: 

5 ‘‘(1) Refusal to provide, on the request of a 

6 livestock producer, swine production contract grow7 er, or poultry grower with which the packer, swine 

8 contractor, or live poultry dealer has a marketing or 

9 delivery contract, the relevant statistical information 

10 and data used to determine the compensation paid 

11 to the livestock producer, swine production contract 

12 grower, or poultry grower, as applicable, under the 

13 contract, including— 

14 ‘‘(A) feed conversion rates by house, lot, or 

15 pen; 

16 ‘‘(B) feed analysis; 

17 ‘‘(C) breeder history; 

18 ‘‘(D) quality grade; 

19 ‘‘(E) yield grade; and 

20 ‘‘(F) delivery volume for any certified 

21 branding program (such as programs for Angus 

22 beef or certified grassfed or Berkshire pork). 

23 ‘‘(2) Conduct or action that limits or attempts 

24 to limit by contract the legal rights and remedies of 


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1 a livestock producer, swine production contract 

2 grower, or poultry grower, including the right— 

3 ‘‘(A) to a trial by jury, unless the livestock 

4 producer, swine production contract grower, or 

5 poultry grower, as applicable, is voluntarily 

6 bound by an arbitration provision in a contract; 

7 ‘‘(B) to pursue all damages available under 

8 applicable law; and 

9 ‘‘(C) to seek an award of attorneys’ fees, 

10 if available under applicable law. 

11 ‘‘(3) Termination of a poultry growing arrange12 ment or swine production contract with no basis 

13 other than an allegation that the poultry grower or 

14 swine production contract grower failed to comply 

15 with an applicable law, rule, or regulation. 

16 ‘‘(4) A representation, omission, or practice 

17 that is likely to mislead a livestock producer, swine 

18 production contract grower, or poultry grower re19 garding a material condition or term in a contract 

20 or business transaction. 

21 ‘‘(c) UNDUE OR UNREASONABLE PREFERENCES, AD22 VANTAGES, PREJUDICES, AND DISADVANTAGES.— 

23 ‘‘(1) IN GENERAL.—Acts by a packer, swine 

24 contractor, or live poultry dealer that violate sub25 section (a)(2) include the following: 


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1 ‘‘(A) A retaliatory action (including coer2 cion or intimidation) or the threat of retaliatory 

3 action— 

4 ‘‘(i) in connection with the execution, 

5 termination, extension, or renewal of a 

6 contract or agreement with a livestock pro7 ducer, swine production contract grower, 

8 or poultry grower aimed to discourage the 

9 exercise of the rights of the livestock pro10 ducer, swine production contract grower, 

11 or poultry grower under this Act or any 

12 other law; and 

13 ‘‘(ii) in response to lawful communica14 tion (including as described in paragraph 

15 (2)), association, or assertion of rights by 

16 a livestock producer, swine production con17 tract grower, or poultry grower. 

18 ‘‘(B) Use of the tournament system for 

19 poultry as described in paragraph (3). 

20 ‘‘(2) LAWFUL COMMUNICATION DESCRIBED.—A 

21 lawful communication referred to in paragraph 

22 (1)(A)(ii) includes— 

23 ‘‘(A) a communication with officials of a 

24 Federal agency or Members of Congress; 


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1 ‘‘(B) any lawful disclosure that dem2 onstrates a reasonable belief of a violation of 

3 this Act or any other law; and 

4 ‘‘(C) any other communication that assists 

5 in carrying out the purposes of this Act. 

6 ‘‘(3) USE OF TOURNAMENT SYSTEM FOR POUL7 TRY.— 

8 ‘‘(A) IN GENERAL.—Subject to subpara9 graph (B), a live poultry dealer shall be in vio10 lation of subsection (a)(2) if the live poultry 

11 dealer determines the formula for calculating 

12 the pay of a poultry grower in a tournament 

13 group by comparing the performance of the 

14 birds of other poultry growers in the group 

15 using factors outside the control of the poultry 

16 grower and within the control of the live poultry 

17 dealer. 

18 ‘‘(B) EXCEPTION.—Under subparagraph 

19 (A), a live poultry dealer shall not be found in 

20 violation of subsection (a)(2) if the live poultry 

21 dealer demonstrates through clear and con22 vincing evidence that the inputs and services 

23 described in subparagraph (C) that were used 

24 in the comparative evaluation were substantially 

25 the same in quality, quantity, and timing, as 


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1 applicable, for all poultry growers in the tour2 nament group. 

3 ‘‘(C) INPUTS AND SERVICES DESCRIBED.— 

4 The inputs and services referred to in subpara5 graph (B) include, with respect to poultry grow6 ers in the same tournament group— 

7 ‘‘(i) the quantity, breed, sex, and age 

8 of chicks delivered to each poultry grower; 

9 ‘‘(ii) the breed and age of the breeder 

10 flock from which chicks are drawn for each 

11 poultry grower; 

12 ‘‘(iii) the quality, type (such as starter 

13 feed), and quantity of feed delivered to 

14 each poultry grower; 

15 ‘‘(iv) the quality of and access to 

16 medications for the birds of each poultry 

17 grower; 

18 ‘‘(v) the number of birds in a flock de19 livered to each poultry grower; 

20 ‘‘(vi) the timing of the pick-up of 

21 birds for processing (including the age of 

22 the birds and the number of days that the 

23 birds are in the care of the poultry grower) 

24 for each poultry grower; 


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1 ‘‘(vii) the death loss of birds during 

2 pick-up, transport, and time spent at the 

3 processing plant for each poultry grower; 

4 ‘‘(viii) condemnations of parts of birds 

5 due to actions in processing for each poul6 try grower; 

7 ‘‘(ix) condemnations of whole birds 

8 due to the fault of the poultry grower; 

9 ‘‘(x) the death loss of birds due to the 

10 fault of the poultry grower; 

11 ‘‘(xi) the stated reasons for the cause 

12 of the death losses and condemnations de13 scribed in clauses (vii) through (x); 

14 ‘‘(xii) the type and classification of 

15 each poultry grower; and 

16 ‘‘(xiii) any other input or service that 

17 may have an impact on feed conversion to 

18 weight gain efficiency or the life span of 

19 the birds of each poultry grower. 

20 ‘‘(d) HARM TO COMPETITION NOT REQUIRED.—In 

21 determining whether an act, device, or conduct is a viola22 tion under paragraph (1) or (2) of subsection (a), a find23 ing that the act, device, or conduct adversely affected or 

24 is likely to adversely affect competition is not required.’’. 

25 (b) EFFECTIVE DATE.— 


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1 (1) IN GENERAL.—Subject to paragraph (2), 

2 paragraph (8) of section 202(a) of the Packers and 

3 Stockyards Act, 1921 (7 U.S.C. 192) (as designated 

4 by subsection (a)(2)), shall take effect on the date 

5 of enactment of this Act. 

6 (2) TRANSITION RULES.—In the case of a pack7 er that, on the date of enactment of this Act, owns, 

8 feeds, or controls livestock intended for slaughter in 

9 violation of paragraph (8) of section 202(a) of the 

10 Packers and Stockyards Act, 1921 (7 U.S.C. 192) 

11 (as designated by subsection (a)(2)), that paragraph 

12 shall take effect— 

13 (A) in the case of a packer of swine, begin14 ning on the date that is 18 months after the 

15 date of enactment of this Act; and 

16 (B) in the case of a packer of any other 

17 type of livestock, beginning not later than 180 

18 days after the date of enactment of this Act, as 

19 determined by the Secretary. 

20 SEC. 206. SPOT MARKET PURCHASES OF LIVESTOCK BY 

21 PACKERS. 

22 The Packers and Stockyards Act, 1921, is amended 

23 by inserting after section 202 (7 U.S.C. 192) the fol24 lowing: 


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1 ‘‘SEC. 202A. SPOT MARKET PURCHASES OF LIVESTOCK BY 

2 PACKERS. 

3 ‘‘(a) DEFINITIONS.—In this section: 

4 ‘‘(1) COVERED PACKER.— 

5 ‘‘(A) IN GENERAL.—The term ‘covered 

6 packer’ means a packer that is required under 

7 subtitle B of the Agricultural Marketing Act of 

8 1946 (7 U.S.C. 1635 et seq.) to report to the 

9 Secretary each reporting day information on the 

10 price and quantity of livestock purchased by the 

11 packer. 

12 ‘‘(B) EXCLUSION.—The term ‘covered 

13 packer’ does not include a packer that owns 

14 only 1 livestock processing plant. 

15 ‘‘(2) NONAFFILIATED PRODUCER.—The term 

16 ‘nonaffiliated producer’ means a producer of live17 stock— 

18 ‘‘(A) that sells livestock to a packer; 

19 ‘‘(B) that has less than 1 percent equity 

20 interest in the packer; 

21 ‘‘(C) that has no officers, directors, em22 ployees, or owners that are officers, directors, 

23 employees, or owners of the packer; 

24 ‘‘(D) that has no fiduciary responsibility to 

25 the packer; and 


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1 ‘‘(E) in which the packer has no equity in2 terest. 

3 ‘‘(3) SPOT MARKET SALE.— 

4 ‘‘(A) IN GENERAL.—The term ‘spot mar5 ket sale’ means a purchase and sale of livestock 

6 by a packer from a producer— 

7 ‘‘(i) under an agreement that specifies 

8 a firm base price that may be equated with 

9 a fixed dollar amount on the date the 

10 agreement is entered into; 

11 ‘‘(ii) under which the livestock are 

12 slaughtered not more than 7 days after the 

13 date on which the agreement is entered 

14 into; and 

15 ‘‘(iii) under circumstances in which a 

16 reasonable competitive bidding opportunity 

17 exists on the date on which the agreement 

18 is entered into. 

19 ‘‘(B) REASONABLE COMPETITIVE BIDDING

20 OPPORTUNITY.—For the purposes of subpara21 graph (A)(iii), a reasonable competitive bidding 

22 opportunity shall be considered to exist if— 

23 ‘‘(i) no written or oral agreement pre24 cludes the producer from soliciting or re25 ceiving bids from other packers; and 


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1 ‘‘(ii) no circumstance, custom, or 

2 practice exists that— 

3 ‘‘(I) establishes the existence of 

4 an implied contract (as determined in 

5 accordance with the Uniform Com6 mercial Code); and 

7 ‘‘(II) precludes the producer from 

8 soliciting or receiving bids from other 

9 packers. 

10 ‘‘(b) GENERAL RULE.—Of the quantity of livestock 

11 that is slaughtered by a covered packer during each re12 porting day in each plant, the covered packer shall slaugh13 ter not less than the applicable percentage specified in 

14 subsection (c) of the quantity through spot market sales 

15 from nonaffiliated producers. 

16 ‘‘(c) APPLICABLE PERCENTAGES.— 

17 ‘‘(1) IN GENERAL.—Except as provided in para18 graph (2), the applicable percentage shall be 50 per19 cent. 

20 ‘‘(2) EXCEPTIONS.—In the case of a covered 

21 packer that reported to the Secretary in the 2018 

22 annual report that more than 60 percent of the live23 stock of the covered packer were committed procure24 ment livestock, the applicable percentage shall be the 

25 greater of— 


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1 ‘‘(A) the difference between the percentage 

2 of committed procurement so reported and 100 

3 percent; and 

4 ‘‘(B)(i) during each of calendar years 2020 

5 and 2021, 20 percent; 

6 ‘‘(ii) during each of calendar years 2022 

7 and 2023, 30 percent; and 

8 ‘‘(iii) during calendar year 2024 and each 

9 calendar year thereafter, 50 percent. 

10 ‘‘(d) NONPREEMPTION.—This section does not pre11 empt any requirement of a State or political subdivision 

12 of a State that requires a covered packer to purchase on 

13 the spot market a greater percentage of the livestock pur14 chased by the covered packer than is required under this 

15 section.’’. 

16 SEC. 207. INVESTIGATION OF LIVE POULTRY DEALERS. 

17 (a) ADMINISTRATIVE ENFORCEMENT AUTHORITY

18 OVER LIVE POULTRY DEALERS.—Sections 203, 204, and 

19 205 of the Packers and Stockyards Act, 1921 (7 U.S.C. 

20 193, 194, 195), are amended by inserting ‘‘, live poultry 

21 dealer,’’ after ‘‘packer’’ each place it appears. 

22 (b) AUTHORITY TO REQUEST TEMPORARY INJUNC23 TION OR RESTRAINING ORDER.—Section 408(a) of the 

24 Packers and Stockyards Act, 1921 (7 U.S.C. 228a(a)), is 


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1 amended by inserting ‘‘or poultry care’’ after ‘‘on account 

2 of poultry’’. 

3 (c) VIOLATIONS BY LIVE POULTRY DEALERS.—Sec4 tion 411 of the Packers and Stockyards Act, 1921 (7 

5 U.S.C. 228b–2), is amended— 

6 (1) in subsection (a), in the first sentence, by 

7 striking ‘‘any provision of section 207 or section 410 

8 of’’; and 

9 (2) in subsection (b), in the first sentence, by 

10 striking ‘‘any provisions of section 207 or section 

11 410’’ and inserting ‘‘any provision’’. 

12 SEC. 208. AWARD OF ATTORNEY FEES. 

13 Section 204 of the Packers and Stockyards Act, 1921 

14 (7 U.S.C. 194), is amended by adding at the end the fol15 lowing: 

16 ‘‘(i) ATTORNEY’S FEE.—The court shall award a rea17 sonable attorney’s fee as part of the costs to a prevailing 

18 plaintiff in a civil action under this section.’’. 

19 SEC. 209. TECHNICAL AMENDMENTS. 

20 (a) Section 203 of the Packers and Stockyards Act, 

21 1921 (7 U.S.C. 193), is amended— 

22 (1) in subsection (a), in the first sentence— 

23 (A) by striking ‘‘he shall cause’’ and in24 serting ‘‘the Secretary shall cause’’; and 


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1 (B) by striking ‘‘his charges’’ and inserting 

2 ‘‘the charges’’; 

3 (2) in subsection (b), in the first sentence, by 

4 striking ‘‘he shall make a report in writing in which 

5 he shall state his findings’’ and inserting ‘‘the Sec6 retary shall make a report in writing in which the 

7 Secretary shall state the findings of the Secretary’’; 

8 and 

9 (3) in subsection (c), by striking ‘‘he’’ and in10 serting ‘‘the Secretary’’. 

11 (b) Section 204 of the Packers and Stockyards Act, 

12 1921 (7 U.S.C. 194), is amended— 

13 (1) in subsection (a), by striking ‘‘he has his’’ 

14 and inserting ‘‘the packer, live poultry dealer, or 

15 swine contractor has the’’; 

16 (2) in subsection (c), by striking ‘‘his officers, 

17 directors, agents, and employees’’ and inserting ‘‘the 

18 officers, directors, agents, and employees of the 

19 packer, live poultry dealer, or swine packer’’; 

20 (3) in subsection (f), in the second sentence— 

21 (A) by striking ‘‘his findings’’ and insert22 ing ‘‘the findings of the Secretary’’; and 

23 (B) by striking ‘‘he’’ and inserting ‘‘the 

24 Secretary’’; and 


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1 (4) in subsection (g), by striking ‘‘his officers, 

2 directors, agents, and employees’’ and inserting ‘‘the 

3 officers, directors, agents, and employees of the 

4 packer, live poultry dealer, or swine packer’’. 

5 TITLE III—GAO REPORTS 

6 SEC. 301. REVIEW AND REPORT ON FRAGILITY AND NA7 TIONAL SECURITY IN THE FOOD SYSTEM. 

8 (a) IN GENERAL.—Not later than 180 days after the 

9 date of enactment of this Act, the Comptroller General 

10 of the United States shall carry out, and submit to Con11 gress a report containing, a review of the fragility of the 

12 food system in the United States with respect to meat and 

13 poultry. 

14 (b) REQUIREMENTS.—The report under subsection 

15 (a) shall include information on, and an analysis of— 

16 (1) the reach of corporate consolidation and 

17 corporate control of the meat and poultry supply 

18 chain, including animal feed, inputs for animal feed, 

19 processing, and distribution; 

20 (2) the effects of corporate consolidation and 

21 corporate control of the meat and poultry supply 

22 chain on— 

23 (A) consumers, farmers, rural commu24 nities, and meat and poultry processing work25 ers; 


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1 (B) greenhouse gas emissions, climate 

2 change, and costs borne by communities to 

3 adapt to climate change; 

4 (C) water quality, soil quality, air quality, 

5 and biodiversity; and 

6 (D) politics and political lobbying; 

7 (3)(A) the extent to which Department of Agri8 culture rules and regulations designed for large cov9 ered establishments are applied to small- and me10 dium-sized covered establishments; and 

11 (B) the need for the Secretary of Agriculture to 

12 adapt rules and regulations to benefit small- and 

13 medium-sized covered establishments; 

14 (4) the effects of the COVID–19 pandemic on 

15 meat and poultry exports, meat and poultry cold 

16 storage inventories, processing rates of meat and 

17 poultry, and the net profits earned by owners of cov18 ered establishments; 

19 (5) the effect of the COVID–19 pandemic on 

20 meat and poultry prices paid— 

21 (A) to farmers; and 

22 (B) by consumers; 

23 (6) Federal support for the corporations that 

24 control the largest percentage of the meat and poulVerDate Sep 11 2014 00:51 Dec 10, 2021 Jkt 029200 PO 00000 Frm 00099 Fmt 6652 Sfmt 6201 E:\BILLS\S3285.IS S3285

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1 try industry through contracts, procurement, sub2 sidies, and other mechanisms; 

3 (7) the risk of disruption caused by corporate 

4 consolidation among covered establishments, includ5 ing an analysis of food supply chain issues resulting 

6 from the COVID–19 pandemic; and 

7 (8) the extent to which breaking up the meat 

8 packing oligopoly would increase food system resil9 iency for the next pandemic. 

10 SEC. 302. REVIEW AND REPORT ON RACIAL AND ETHNIC 

11 DISPARITIES IN MEAT AND POULTRY PROC12 ESSING. 

13 Not later than 180 days after the date of enactment 

14 of this Act, the Comptroller General of the United States 

15 shall carry out, and submit to Congress, a report on racial 

16 and ethnic disparities in the meat and poultry processing 

17 sector. Such report shall contain a review of each of the 

18 following: 

19 (1) The impacts of working in covered estab20 lishments to individuals working at such establish21 ments who are employees, temporary workers, incar22 cerated workers, noncitizen workers admitted to the 

23 United States as nonimmigrants described in section 

24 101(a)(15)(H)(ii)(b) of the Immigration and Nation25 ality Act (8 U.S.C. 1101(a)(15)(H)(ii)(b)) or as refVerDate Sep 11 2014 00:51 Dec 10, 2021 Jkt 029200 PO 00000 Frm 00100 Fmt 6652 Sfmt 6201 E:\BILLS\S3285.IS S3285

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1 ugees under section 207 of that Act (8 U.S.C. 

2 1157), or noncitizen workers who are not lawfully 

3 present in the United States. Such review shall in4 clude a review of— 

5 (A) workplace injuries, including repetitive 

6 musculoskeletal injuries, of such individuals; 

7 (B) psychological and mental health condi8 tions of such individuals; 

9 (C) exposure of such individuals to chemi10 cals or other potential carcinogens and repro11 ductive toxins; 

12 (D) any physical or mental abuse, includ13 ing sexual harassment, of such individuals by 

14 co-workers or managers; 

15 (E) the risk of exposure to SARS–CoV–2 

16 for such individuals; 

17 (F) the extent to which such individuals 

18 are unable to seek appropriate relief for work19 place injuries, abuse, and protection from expo20 sure to SARS–CoV–2 during the COVID–19 

21 emergency for fear of retaliation; and 

22 (G) COVID–19 deaths and illnesses of 

23 such individuals, including the short- and long24 term effects of COVID–19 for such individuals. 


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1 (2) The racial demographics and use of tem2 porary workers to outsource the responsibility of 

3 covered establishments to provide a safe workplace. 

4 (3) The racial demographics and use of incar5 cerated workers in covered establishments, includ6 ing— 

7 (A) the extent to which such workers have 

8 a choice in working at covered establishments; 

9 (B) the use of such workers to outsource 

10 the responsibility of covered establishments to 

11 provide a safe workplace; 

12 (C) the use of such workers to outsource 

13 the responsibility of covered establishments to 

14 provide fair compensation; and 

15 (D) the use of such workers by covered es16 tablishments to externalize employee cost. 

17 (4) The racial demographics and use of noncit18 izen workers admitted to the United States as non19 immigrants described in section 101(a)(15)(H)(ii)(b) 

20 of the Immigration and Nationality Act (8 U.S.C. 

21 1101(a)(15)(H)(ii)(b)) or as refugees under section 

22 207 of that Act (8 U.S.C. 1157) at covered estab23 lishments, including— 

24 (A) the extent to which predatory prac25 tices, such as limiting the ability of such workVerDate Sep 11 2014 00:51 Dec 10, 2021 Jkt 029200 PO 00000 Frm 00102 Fmt 6652 Sfmt 6201 E:\BILLS\S3285.IS S3285

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1 ers to choose and move between competing or2 ganizations, are utilized by covered establish3 ments with respect to such workers; 

4 (B) the extent to which such workers are 

5 unable to speak out for fear of retaliation; and 

6 (C) the extent to which there is full trans7 parency about the nature of employment of 

8 such workers prior to being hired. 

9 (5) The racial demographics and use of noncit10 izen workers who are not lawfully present in the 

11 United States at covered establishments, including— 

12 (A) the extent to which such workers are 

13 unable to speak out for fear of retaliation; and 

14 (B) whether any collusion between Federal 

15 immigration offices and covered establishments 

16 have the effect of intimidating and silencing 

17 such workers. 

18 SEC. 303. GAO REPORT ON LINE SPEEDS. 

19 (a) IN GENERAL.—Not later than 90 days after the 

20 end of the covered period, the Comptroller General of the 

21 United States shall carry out, and submit to Congress a 

22 report containing, a review of the actions taken by the Sec23 retary, the Secretary of Labor, and the Secretary of 

24 Health and Human Services in response to the COVID– 


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1 19 pandemic to determine the effectiveness of those ac2 tions in protecting animal, food, and worker safety. 

3 (b) CONTENTS.—The review carried out under sub4 section (a) shall include information on, and an analysis 

5 of, with respect to covered establishments— 

6 (1) all policies and regulations relating to in7 spection of those establishments that have been im8 plemented by the Secretary, the Secretary of Labor, 

9 and the Secretary of Health and Human Services 

10 during the COVID–19 emergency and the covered 

11 period; 

12 (2) the pandemic emergency preparedness plans 

13 of those establishments; 

14 (3) the extent to which those establishments 

15 have implemented guidance and recommendations to 

16 space workers 6 feet apart on production lines and 

17 in break rooms, locker rooms, and all other work18 spaces; 

19 (4) the extent to which those establishments 

20 maintain policies and procedures that discourage 

21 workers from reporting exposure, seeking treatment, 

22 or remaining in isolation, including— 

23 (A) bonus or work incentive programs; and 

24 (B) sick leave that does not cover the full 

25 pay of a worker; 


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1 (5) the extent to which those establishments 

2 provide communications and training about COVID– 

3 19 in a language and at a literacy level workers un4 derstand; 

5 (6)(A) the quantity and quality of face masks 

6 and personal protective equipment, such as face 

7 shields and respirators, made available to workers at 

8 those establishments; 

9 (B) whether the face masks and personal pro10 tective equipment are provided to the workers free of 

11 charge; and 

12 (C) usage of the face masks and personal pro13 tective equipment by the workers; 

14 (7) any guidance provided to inspectors of those 

15 establishments by the Secretary, the Secretary of 

16 Labor, or the Secretary of Health and Human Serv17 ices during the COVID–19 emergency; 

18 (8) actions taken by the Secretary, the Sec19 retary of Labor, and the Secretary of Health and 

20 Human Services to protect workers, animals, and 

21 food at establishments that have reported cases of 

22 COVID–19; 

23 (9) all humane handling reports issued, and en24 forcement actions taken, by the Secretary during the 

25 COVID–19 emergency pursuant to— 


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1 (A) Public Law 85–765 (commonly known 

2 as the ‘‘Humane Methods of Slaughter Act of 

3 1958’’) (7 U.S.C. 1901 et seq.); and 

4 (B) good commercial practices regulations 

5 promulgated under the Poultry Products In6 spection Act (21 U.S.C. 451 et seq.); 

7 (10) the impact of faster line speeds on the 

8 ability of those establishments to maintain protec9 tions for workers; 

10 (11) any instance of interference by a Federal 

11 agency with the contents of any report of findings 

12 based on a review of a covered establishment experi13 encing an outbreak of COVID–19 conducted by per14 sonnel of the Centers for Disease Control and Pre15 vention; and 

16 (12) any instance of interference by a Federal 

17 agency with the recommended actions of a State or 

18 local health department to close a covered facility ex19 periencing COVID–19-related deaths and disease. 

Æ 


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