I 
118TH CONGRESS 
1ST SESSION 
H. R. 798 
To improve protections for meatpacking workers, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 2, 2023 
Mr. KHANNA (for himself, Ms. NORTON, Mr. PAYNE, Mr. GRIJALVA, Mrs. 
HAYES, and Ms. LEE of California) introduced the following bill; which 
was referred to the Committee on Agriculture, and in addition to the 
Committees on Education and the Workforce, Oversight and Account-
ability, House Administration, and the Judiciary, for a period to be sub-
sequently determined by the Speaker, in each case for consideration of 
such provisions as fall within the jurisdiction of the committee concerned 
A BILL 
To improve protections for meatpacking workers, and for 
other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Protecting America’s Meatpacking Workers Act of 
2023’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
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Sec. 1. Short title; table of contents. 
Sec. 2. Findings. 
Sec. 3. Definitions. 
TITLE I—REFORMS TO PROTECT MEAT AND POULTRY 
PROCESSING WORKERS 
Subtitle A—Department of Agriculture 
Sec. 101. Rule on increased line speeds at meat and poultry establishments. 
Subtitle B—Fair Attendance Policies 
Sec. 111. Definitions. 
Sec. 112. Requirements for employers relating to no fault attendance policies 
or attendance systems. 
Sec. 113. Remedies and enforcement. 
Sec. 114. Rulemaking. 
Sec. 115. Relationship to other laws. 
Sec. 116. Waiver of State immunity. 
Sec. 117. Severability. 
Subtitle C—Occupational Safety and Health Administration Reforms 
Sec. 121. Definitions. 
Sec. 122. Ensuring compliance with employee rights to use toilet facilities at 
covered establishments. 
Sec. 123. Occupational safety and health standards to protect employees in cov-
ered establishments. 
Sec. 124. Permanent regional emphasis inspection program; expanding inspec-
tions. 
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 
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Sec. 301. Review and report on fragility and national security in the food sys-
tem. 
Sec. 302. Review and report on racial and ethnic disparities in meat and poul-
try processing. 
Sec. 303. GAO report on line speeds. 
SEC. 2. FINDINGS. 
Congress finds that— 
(1) meat and poultry slaughter and processing 
is a particularly dangerous occupation, with meat 
and poultry processing workers suffering injuries at 
measurably higher rates than workers in other pri-
vate sector industries; 
(2) meat and poultry processing workers face 
double the rate of amputations as the average work-
er in private industry, and injuries such as sprains, 
lacerations, and contusions are common among poul-
try workers; 
(3) meat and poultry processing workers suffer 
from musculoskeletal injuries, such as carpal tunnel 
syndrome, ‘‘trigger finger’’, tendinitis, rotator cuff 
injuries, lower back injuries, and chronic pain and 
numbness, in numbers that can exceed 50 percent of 
workers; 
(4) higher line speeds in meat and poultry proc-
essing facilities is a recognized risk factor that leads 
to increased risk of both laceration and musculo-
skeletal injuries; 
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(5) meat and poultry processing work was and 
continues to be particularly dangerous during the 
Coronavirus Disease 2019 (COVID–19) pandemic 
due to, among other factors— 
(A) the easily transmissible nature of the 
virus via aerosol and droplet; 
(B) the close proximity of meat processing 
workers; 
(C) cold conditions inside meat processing 
facilities; and 
(D) the pace and physical rigor of meat 
and poultry processing work; 
(6) during the COVID–19 pandemic, covered 
establishments have implemented policies and proce-
dures that have— 
(A) increased workers’ risk of exposure to 
SARS–CoV–2; 
(B) prioritized processing rates over work-
er health and welfare; and 
(C) caused a disparate adverse impact on 
Asian, Black, and Latino workers in the meat 
and poultry processing industry; 
(7) enforcement of requirements of the Occupa-
tional Safety and Health Administration in the meat 
and poultry processing industry has been fundamen-
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tally inadequate, especially during the COVID–19 
pandemic; and 
(8) meat and poultry processing workers are 
subjected to exploitative conditions and abusive be-
havior by employers— 
(A) including— 
(i) use of abusive and humiliating 
shouting by supervisors accusing workers 
of not working fast enough and harassing 
them to work ‘‘faster’’ and ‘‘harder’’; 
(ii) use of sexualized language to har-
ass women workers to work ‘‘harder’’ and 
‘‘faster’’; 
(iii) patterns of direct sexual harass-
ment and incidents of sexual assault; and 
(iv) little or no accountability or re-
dress for emotional, sexualized, or psycho-
logical abuse due to— 
(I) weak enforcement of, and 
noncompliance 
with, 
discrimination 
protections; and 
(II) meat and poultry processing 
workers not reporting the abuse due 
to fear of receiving more abuse, hav-
ing their employment terminated, or 
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being reported to immigration en-
forcement; and 
(B) that lead to long-term psychological 
impacts, including— 
(i) increased feelings of anger and 
stress by workers pressured to work faster 
and more aggressively to slaughter animals 
on killing lines; and 
(ii) episodes of panic and fear by 
workers who were required to continue 
working during COVID–19 outbreaks. 
SEC. 3. DEFINITIONS. 
In this Act: 
(1) COVERED
ESTABLISHMENT.—The term 
‘‘covered establishment’’ means— 
(A) an official establishment (as defined in 
section 301.2 of title 9, Code of Federal Regu-
lations (or successor regulations)) that is sub-
ject to inspection under the Federal Meat In-
spection Act (21 U.S.C. 601 et seq.); and 
(B) an official establishment (as defined in 
section 381.1 of title 9, Code of Federal Regu-
lations (or successor regulations)) that is sub-
ject to inspection under the Poultry Products 
Inspection Act (21 U.S.C. 451 et seq.). 
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(2) COVERED PERIOD.—The term ‘‘covered pe-
riod’’ means the period beginning on the date of en-
actment of this Act and ending on the date that is 
90 days after the date on which the COVID–19 
emergency is lifted. 
(3) 
COVID–19 
EMERGENCY.—The 
term 
‘‘COVID–19 emergency’’ means the public health 
emergency declared by the Secretary of Health and 
Human Services under section 319 of the Public 
Health Service Act (42 U.S.C. 247d) on January 
31, 2020, with respect to COVID–19. 
(4) EMPLOYEE; EMPLOYER.—Unless otherwise 
specified, the terms ‘‘employee’’ and ‘‘employer’’ 
have the meanings given those terms in section 3 of 
the Occupational Safety and Health Act of 1970 (29 
U.S.C. 652). 
TITLE I—REFORMS TO PROTECT 
MEAT AND POULTRY PROC-
ESSING WORKERS 
Subtitle A—Department of 
Agriculture 
SEC. 101. RULE ON INCREASED LINE SPEEDS AT MEAT AND 
POULTRY ESTABLISHMENTS. 
(a) DEFINITIONS.—In this section: 
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(1) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the Service. 
(2) ASSISTANT SECRETARY.—The term ‘‘Assist-
ant Secretary’’ means the Assistant Secretary of 
Labor for Occupational Safety and Health. 
(3) DIRECTOR.—The term ‘‘Director’’ means 
the Director of the National Institute for Occupa-
tional Safety and Health. 
(4) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Agriculture. 
(5) SERVICE.—The term ‘‘Service’’ means the 
Food Safety Inspection Service. 
(b) RULE ON WAIVERS.— 
(1) IN GENERAL.—Notwithstanding any other 
provision of law (including regulations, including 
sections 303.1(h) and 381.3(b) of title 9, Code of 
Federal Regulations (or successor regulations)), the 
Secretary, acting through the Administrator, shall 
not issue a waiver relating to line speeds at a cov-
ered establishment or inspection staffing require-
ments for a covered establishment unless the covered 
establishment— 
(A) agrees to an inspection conducted by 
the Assistant Secretary or the Director for the 
purposes of the waiver; and 
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(B) the Assistant Secretary or the Director 
certifies to the Secretary that any increases in 
line speed at the covered establishment would 
not have an adverse impact on worker safety. 
(2) INSPECTIONS.—An inspection conducted by 
the Assistant Secretary or the Director under para-
graph (1)(A) shall include— 
(A) an ergonomic analysis of all jobs in the 
applicable covered establishment that may expe-
rience an increased work pace due to increasing 
the number of animals being slaughtered— 
(i) per minute; and 
(ii) per hour; 
(B) an assessment of the current rates of 
musculoskeletal disorders in the covered estab-
lishment; 
(C) a review of current efforts at the cov-
ered establishment to mitigate those disorders, 
including a review of how medical personnel at 
the covered establishment manage those dis-
orders; and 
(D) a review of the impact of any proposed 
line speed increases on the pace of work for 
workers on the slaughter and production lines 
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of the covered establishment (including the 
workers that package the meat). 
(3) LIMITATION
ON
AUTHORITY
OVER
LINE 
SPEEDS.—None of the funds made available to the 
Secretary during the covered period may be used to 
develop, propose, finalize, issue, amend, or imple-
ment any policy, regulation, directive, constituent 
update, or any other agency program that would in-
crease line speeds at covered establishments. 
(4) EFFECT ON STATE LAW.— 
(A) IN
GENERAL.—This subsection shall 
not preempt or limit any law or regulation of a 
State or a political subdivision of a State that— 
(i) imposes requirements that are 
more protective of worker safety or animal 
welfare than the requirements of this sub-
section; or 
(ii) creates penalties for conduct regu-
lated by this subsection. 
(B) OTHER LAWS.—The requirements of 
this subsection are in addition to, and not in 
lieu of, any other laws protecting worker safety 
and animal welfare. 
(c) TRANSPARENCY IN RULEMAKING.—With respect 
to each rulemaking proceeding initiated by the Adminis-
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trator on or after the date of enactment of this Act, the 
Administrator shall comply with— 
(1) the data quality guidelines of the Service, 
which state that the Service and the offices of the 
Service are held to a standard of transparency to en-
sure that the information shared by the Service is 
presented in an accurate, reliable, and unbiased 
manner; and 
(2) Executive Order 13563 (5 U.S.C. 601 note; 
relating to improving regulation and regulatory re-
view), which requires Federal agencies to provide 
timely online access to relevant scientific information 
in an open format that can easily be searched and 
downloaded during a proposed rulemaking. 
(d) EVALUATION OF RULEMAKING AND POLICIES.— 
In evaluating the impact of any future rulemaking or pol-
icy, the Secretary shall request that the Director conduct 
an evaluation of the rulemaking or policy that includes a 
review of— 
(1) current safety conditions and injuries and 
illnesses at the applicable covered establishments, in-
cluding medical exams and medical histories; 
(2) whether the policy proposals will increase 
the pace of work for any employee at the applicable 
covered establishments; and 
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(3) whether, and the extent to which, the policy 
proposals will impact worker safety. 
(e) REPORTS.— 
(1) REPORT
TO
CONGRESS.—Not later than 
180 days after the date of enactment of this Act, the 
Secretary, the Secretary of Labor, and the Secretary 
of Health and Human Services shall each submit to 
the Committee on Agriculture, Nutrition, and For-
estry and the Committee on Health, Education, 
Labor, and Pensions of the Senate and the Com-
mittee on Agriculture and the Committee on Edu-
cation and Labor of the House of Representatives, 
a report that— 
(A) describes the actions taken by that 
Secretary to ensure worker, animal, and food 
safety during the COVID–19 emergency; and 
(B) includes an analysis of the issues de-
scribed in paragraphs (1) through (12) of sec-
tion 303(b). 
(2) 
REPORTS
ON
IMPLEMENTATION
OF 
RULES.— 
(A) IN GENERAL.—Not later than 1 year 
after the implementation of any rule relating to 
line speeds at covered establishments, the Sec-
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retary shall submit to Congress a report on the 
impact of the rule on— 
(i) line speeds at covered establish-
ments; 
(ii) worker safety and health at cov-
ered establishments; 
(iii) ergonomic aspects of jobs at cov-
ered establishments; and 
(iv) staffing levels that will ensure 
worker safety at covered establishments. 
(B) REQUIREMENT.—A report under sub-
paragraph (A) shall include— 
(i) the results of a study carried out 
by an industrial engineer on every type of 
job at covered establishments impacted by 
the applicable rule; 
(ii) a determination of the industrial 
engineer of the number of workers need-
ed— 
(I) to do each job safely; and 
(II) to operate the covered estab-
lishment at different line speeds; and 
(iii) a job crewing report prepared by 
the industrial engineer. 
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Subtitle B—Fair Attendance 
Policies 
SEC. 111. DEFINITIONS. 
In this subtitle: 
(1) COVERED ENTITY.—The term ‘‘covered en-
tity’’— 
(A) has the meaning given the term ‘‘re-
spondent’’ in section 701(n) of the Civil Rights 
Act of 1964 (42 U.S.C. 2000e(n)); and 
(B) includes— 
(i) an employing office, as defined in 
section 101 of the Congressional Account-
ability Act of 1995 (2 U.S.C. 1301); 
(ii) an employing office, as defined in 
section 411(c) of title 3, United States 
Code; 
(iii) an entity employing a State em-
ployee described in section 304(a) of the 
Government Employee Rights Act of 1991 
(42 U.S.C. 2000e–16c(a)); and 
(iv) an entity to which section 717(a) 
of the Civil Rights Act of 1964 (42 U.S.C. 
2000e–16(a)) applies. 
(2) 
EMPLOYEE.—The 
term 
‘‘employee’’ 
means— 
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(A) an employee (including an applicant), 
as defined in section 701(f) of the Civil Rights 
Act of 1964 (42 U.S.C. 2000e(f)); 
(B) a covered employee (including an ap-
plicant), as defined in section 101 of the Con-
gressional Accountability Act of 1995 (2 U.S.C. 
1301); 
(C) a covered employee (including an appli-
cant), as defined in section 411(c) of title 3, 
United States Code; 
(D) a State employee (including an appli-
cant) described in section 304(a) of the Govern-
ment Employee Rights Act of 1991 (42 U.S.C. 
2000e–16c(a)); or 
(E) an employee (including an applicant) 
to which section 717(a) of the Civil Rights Act 
of 1964 (42 U.S.C. 2000e–16(a)) applies. 
(3) LEGALLY
PROTECTED
LEAVE.—The term 
‘‘legally protected leave’’, when used with respect to 
an employee, means leave that is protected under a 
Federal, State, or local law applicable to the em-
ployee. 
(4) NO
FAULT
ATTENDANCE
POLICY.—The 
term ‘‘no fault attendance policy’’ means a policy or 
pattern and practice maintained by a covered entity 
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under which employees face consequences for any 
absence, tardy, or early departure through the as-
sessment of points (also referred to as ‘‘demerits’’ or 
‘‘occurrences’’) or deductions from an allotted bank 
of time, and those points or deductions subject the 
employee to progressive disciplinary action, which 
may include failure to receive a promotion, loss of 
pay, or termination. 
(5) PERSON.—The term ‘‘person’’ has the 
meaning given such term in section 701(a) of the 
Civil Rights Act of 1964 (42 U.S.C. 2000e(a)). 
(6) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Labor. 
SEC. 112. REQUIREMENTS FOR EMPLOYERS RELATING TO 
NO FAULT ATTENDANCE POLICIES OR AT-
TENDANCE SYSTEMS. 
(a) REQUIREMENTS FOR NO FAULT ATTENDANCE 
POLICY.—It shall be considered an unlawful employment 
practice for a covered entity to maintain a no fault attend-
ance policy, unless the covered entity complies with the 
following: 
(1) The no fault attendance policy shall be dis-
tributed in writing— 
(A) not later than 90 days after the date 
of enactment of this Act, to all employees em-
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ployed by the covered entity as of that date of 
distribution; and 
(B) with respect to each employee hired by 
the covered entity after such date of enactment, 
upon the commencement of the employee’s em-
ployment. 
(2) If any changes are made to the no fault at-
tendance policy, the no fault attendance policy shall 
be distributed in writing to all employees by not 
later than 30 days after the date of the changes. 
(3) The covered entity shall provide employees 
with a means of accessing the no fault attendance 
policy at any physical workplace and outside of a 
physical workplace. 
(4) The no fault attendance policy shall explic-
itly state that employees will not face disciplinary 
action or other adverse consequences, which may in-
clude the assessment of points or a deduction from 
an allotted bank of time, for legally protected leave. 
(5) The no fault attendance policy shall specifi-
cally reference and provide a reasonable amount of 
detail about all Federal, State, and local laws appli-
cable to the employees that provide legally protected 
leave, including the Americans with Disabilities Act 
of 1990 (42 U.S.C. 12101 et seq.), the Family and 
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Medical Leave Act of 1993 (29 U.S.C. 2601 et seq.), 
and chapter 43 of title 38, United States Code. 
(6) The no fault attendance policy shall identify 
a process for employees to complete each of the fol-
lowing: 
(A) Report that an absence is for legally 
protected leave. 
(B) Provide medical documentation, if it is 
required under the no fault attendance policy in 
order to avoid disciplinary action or other ad-
verse consequences for legally protected leave. 
(C) Seek removal of points that an em-
ployee believes were wrongly assessed, or the 
restoration of time that an employee believes 
was wrongly deducted for legally protected 
leave. 
(D) Delay the reporting of an absence in 
unforeseen or emergency circumstances without 
incurring additional points or discipline. 
(b) REQUIREMENTS FOR ATTENDANCE SYSTEMS.— 
It shall be an unlawful employment practice for a covered 
entity to maintain any attendance system policy, or pat-
tern and practice, that discourages employees from exer-
cising, or attempting to exercise, any right to legally pro-
tected leave. 
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SEC. 113. REMEDIES AND ENFORCEMENT. 
(a) CIVIL ACTION.—The powers, remedies, and pro-
cedures provided in section 107 of the Family and Medical 
Leave Act of 1993 (29 U.S.C. 2617) shall be the powers, 
remedies, and procedures this subtitle provides to any per-
son alleging an unlawful employment practice described in 
section 112. 
(b) PENALTIES.—Any covered entity that commits an 
unlawful employment practice described in section 112 
shall be subject to civil penalties not to exceed the amounts 
set forth in section 17(a) of the Occupational Safety and 
Health Act of 1970 (29 U.S.C. 666(a)), as adjusted annu-
ally for inflation. The Secretary or the Office of Federal 
Contract Compliance Programs may bring any legal action 
necessary, including administrative action, to collect such 
penalties. 
SEC. 114. RULEMAKING. 
Not later than 2 years after the date of enactment 
of this Act, the Secretary, in coordination with the Equal 
Employment Opportunity Commission and the heads of 
other relevant Federal agencies, shall issue regulations in 
an accessible format in accordance with subchapter II of 
chapter 5 of title 5, United States Code, to carry out this 
subtitle. Such regulations shall provide an example of a 
model no fault attendance policy that conforms to the re-
quirements of this subtitle. 
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SEC. 115. RELATIONSHIP TO OTHER LAWS. 
Nothing in this subtitle shall be construed to invali-
date or limit the powers, remedies, and procedures under 
any Federal law or law of any State or political subdivision 
of any State or jurisdiction that provide leave rights, 
whether paid or unpaid (such as sick time, family or med-
ical leave, and time off as an accommodation). 
SEC. 116. WAIVER OF STATE IMMUNITY. 
A State shall not be immune under the 11th Amend-
ment to the Constitution of the United States from an 
action in a Federal or State court of competent jurisdic-
tion for a violation of this subtitle. In any action against 
a State for a violation of this subtitle, remedies (including 
remedies both at law and in equity) are available for such 
a violation to the same extent as such remedies are avail-
able for such a violation in an action against any public 
or private entity other than a State. 
SEC. 117. SEVERABILITY. 
If any provision of this subtitle or the application of 
that provision to particular persons or circumstances is 
held invalid or found to be unconstitutional, the remainder 
of this subtitle and the application of that provision to 
other persons or circumstances shall not be affected. 
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Subtitle 
C—Occupational 
Safety 
and Health Administration Re-
forms 
SEC. 121. DEFINITIONS. 
In this title, the terms ‘‘Secretary’’ and ‘‘State’’ have 
the meanings given such terms in section 3 of the Occupa-
tional Safety and Health Act of 1970 (29 U.S.C. 652). 
SEC. 
122. 
ENSURING 
COMPLIANCE 
WITH 
EMPLOYEE 
RIGHTS TO USE TOILET FACILITIES AT COV-
ERED ESTABLISHMENTS. 
(a) IN GENERAL.—During any inspection of a cov-
ered establishment conducted pursuant to section 8 of the 
Occupational Safety and Health Act of 1970 (29 U.S.C. 
657), the Secretary shall verify that the employer of em-
ployees working at such establishment is in compliance 
with the occupational safety and health standard set forth 
in section 1910.141 of title 29, Code of Federal Regula-
tions, as in effect on the day before the date of enactment 
of this Act, for employers to provide prompt access for 
employees to visit and use toilet facilities, including such 
standard as interpreted by the memorandum for regional 
administrators and State designees regarding ‘‘Interpreta-
tion of 29 CFR. 1910.141(c)(1): Toilet Facilities’’ issued 
by the Occupational Safety and Health Administration on 
April 6, 1998. 
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(b) REQUIREMENTS.—In carrying out subsection (a), 
the Secretary shall verify that the employer described in 
such subsection— 
(1) allows employees to leave their work loca-
tions to use a toilet facility when needed and without 
punishment; 
(2) provides an adequate number of toilet facili-
ties for the size of the workforce to prevent long 
lines; 
(3) avoids imposing unreasonable restrictions 
including waiting lists on the use of toilet facilities; 
(4) ensures that restrictions, such as locking 
doors or requiring employees to sign out a key, do 
not cause extended delays in access to toilet facili-
ties; and 
(5) compensates each employee for breaks for 
using toilet facilities at the regular rate of pay of the 
employee in accordance with section 785.18 of title 
29, Code of Federal Regulations, as in effect on the 
day before the date of enactment of this Act, and 
any other applicable Federal, State, or local law. 
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SEC. 123. OCCUPATIONAL SAFETY AND HEALTH STAND-
ARDS TO PROTECT EMPLOYEES IN COVERED 
ESTABLISHMENTS. 
(a) STANDARD FOR PROTECTING EMPLOYEES FROM 
OCCUPATIONAL
RISK
FACTORS
CAUSING
MUSCULO-
SKELETAL DISORDERS.— 
(1) PROPOSED STANDARD.—Not later than 1 
year after the date of enactment of this Act, the 
Secretary shall, pursuant to section 6 of the Occupa-
tional Safety and Health Act of 1970 (29 U.S.C. 
655), publish in the Federal Register a proposed 
standard for ergonomic program management for 
covered establishments. Such proposed standard 
shall include requirements for— 
(A) hazard identification and ergonomic 
job evaluations, including requirements for em-
ployee and authorized employee representative 
participation in such identification; 
(B) hazard control, which such require-
ments rely on the principles of the hierarchy of 
controls and which may include measures such 
as rest breaks, equipment and workstation rede-
sign, work pace reductions, or job rotation to 
less forceful or repetitive jobs; 
(C) training for employees regarding em-
ployer activities, occupational risk factors, and 
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training on controls and recognition of symp-
toms of musculoskeletal disorders; and 
(D) medical management that includes— 
(i) encouraging early reporting of 
musculoskeletal disorder symptoms; 
(ii) first aid delivered by those oper-
ating under State licensing requirements; 
and 
(iii) systematic evaluation and early 
referral for medical attention. 
(2) FINAL
STANDARD.—Not later than 30 
months after the date of enactment this Act, the 
Secretary shall, pursuant to section 6 of the Occupa-
tional Safety and Health Act of 1970 (29 U.S.C. 
655), publish in the Federal Register a final stand-
ard based on the proposed standard under para-
graph (1). 
(b) STANDARD FOR PROTECTING EMPLOYEES FROM 
DELAYS
IN MEDICAL TREATMENT REFERRALS FOL-
LOWING INJURIES OR ILLNESSES.— 
(1) PROPOSED STANDARD.—Not later than 3 
months after the date of enactment of this Act, the 
Secretary shall, pursuant to section 6 of the Occupa-
tional Safety and Health Act of 1970 (29 U.S.C. 
655), publish in the Federal Register a proposed 
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standard requiring that all employers with employees 
working at a covered establishment who, in accord-
ance with the standard promulgated under section 
1910.151 of title 29, Code of Federal Regulations, 
as in effect on the day before the date of enactment 
of this Act, are required to have a person readily 
available at the establishment who is adequately 
trained to render first aid, shall ensure that such 
person— 
(A) without delay, refers any such em-
ployee who reports an injury or illness that re-
quires further medical treatment to an appro-
priate medical professional of the employee’s 
choice for such treatment; 
(B) provides for occupational medicine con-
sultation services through a physician who is 
board certified in occupational medicine, which 
services shall include— 
(i) regular review of any health and 
safety program, medical management pro-
gram, or ergonomics program of the em-
ployer; 
(ii) review of any work-related injury 
or illness of an employee; 
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(iii) providing onsite health services 
for treatment of such injury or illness; and 
(iv) consultation referral to a local 
health care provider for treating such in-
jury or illness; and 
(C) complies with the licensing require-
ments for licensed practical nurses or registered 
nurses in the State in which the establishment 
is located. 
(2) FINAL STANDARD.—Not later than 1 year 
after the date of enactment of this Act, the Sec-
retary shall, pursuant to section 6 of the Occupa-
tional Safety and Health Act of 1970 (29 U.S.C. 
655), publish in the Federal Register a final stand-
ard based on the proposed standard under para-
graph (1). 
(c) STANDARD FOR PROTECTING EMPLOYEES FROM 
AIRBORNE CONTAGIONS.— 
(1) EMERGENCY
TEMPORARY
STANDARD
FOR 
COVID–19.—In consideration of the grave danger 
presented by COVID–19 and the need to strengthen 
protections for workers at covered establishments, 
notwithstanding the provisions of law and the Exec-
utive orders listed in paragraph (4), not later than 
7 days after the date of enactment of this Act, the 
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Secretary of Labor shall promulgate an emergency 
temporary standard to protect all employees, con-
tractors, and temporary workers at covered estab-
lishments from occupational exposure to SARS– 
CoV–2. 
(2) 
EXTENSION
OF
STANDARD.—Notwith-
standing paragraphs (2) and (3) of section 6(c) of 
the Occupational Safety and Health Act of 1970 (29 
8 U.S.C. 655(c)), the emergency temporary standard 
promulgated under this subsection shall be in effect 
until the date on which the final standard promul-
gated under paragraph (5) is in effect. 
(3) STATE PLAN ADOPTION.—With respect to a 
State with a State plan that has been approved by 
the Secretary of Labor under section 18 of the Oc-
cupational Safety and Health Act of 1970 (29 
U.S.C. 667), not later than 14 days after the date 
of enactment of this Act, such State shall promul-
gate an emergency temporary standard that is at 
least as effective in protecting employees, contrac-
tors, and temporary workers at covered establish-
ments from occupational exposure to SARS–CoV–2 
as the emergency temporary standard promulgated 
under this subsection. 
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(4) INAPPLICABLE
PROVISIONS
OF
LAW
AND 
EXECUTIVE ORDER.—The provisions of law and the 
Executive orders listed in this paragraph are as fol-
lows: 
(A) The requirements of chapter 6 of title 
5, United States Code (commonly referred to as 
the ‘‘Regulatory Flexibility Act’’). 
(B) Subchapter I of chapter 35 of title 44, 
United States Code (commonly referred to as 
the ‘‘Paperwork Reduction Act’’). 
(C) The Unfunded Mandates Reform Act 
of 1995 (2 U.S.C. 1501 et seq.). 
(D) Executive Order 12866 (58 Fed. Reg. 
190; relating to regulatory planning and re-
view), as amended. 
(E) Executive Order 13771 (82 Fed. Reg. 
9339, relating to reducing regulation and con-
trolling regulatory costs). 
(5) FINAL
STANDARD.—Not later than 24 
months after the date of enactment of this Act, the 
Secretary of Labor shall, pursuant to section 6 of 
the Occupational Safety and Health Act (29 U.S.C. 
655), promulgate a final standard— 
(A) to protect employees, contractors, and 
temporary workers at covered establishments 
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from occupational exposure to infectious patho-
gens, including airborne and novel pathogens; 
and 
(B) that shall be effective and enforceable 
in the same manner and to the same extent as 
a standard promulgated under section 6(b) of 
the Occupational Safety and Health Act of 
1970 (29 U.S.C. 655(b)). 
(6) CONSULTATION.—In developing the stand-
ards under this subsection, the Secretary— 
(A) shall consult with— 
(i) the Director of the Centers for 
Disease Control and Prevention; 
(ii) the Director of the National Insti-
tute for Occupational Safety and Health; 
and 
(iii) the professional associations and 
representatives of the employees, contrac-
tors, and temporary workers at covered es-
tablishments. 
(7) REQUIREMENTS.—Each standard promul-
gated under this subsection shall include— 
(A) a requirement that the covered estab-
lishments— 
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(i) develop and implement a com-
prehensive infectious disease exposure con-
trol plan, with the input and involvement 
of employees or, where applicable, the rep-
resentatives of employees, as appropriate, 
to address the risk of occupational expo-
sure; 
(ii) record and report each work-re-
lated COVID–19 infection and death, as 
set forth in part 1904 of title 29, Code of 
Federal Regulations (as in effect on the 
date of enactment of this Act), and section 
129 of this Act; and 
(iii) reduce meat and poultry proc-
essing rates to achieve social distancing 
and implement applicable requirements 
sufficient to protect worker health with an 
adequate margin of safety; 
(B) no less protection for novel pathogens 
than precautions mandated by standards adopt-
ed by a State plan that has been approved by 
the Secretary under section 18 of the Occupa-
tional Safety and Health Act of 1970 (29 
U.S.C. 667); and 
(C) the incorporation, as appropriate, of— 
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(i) guidelines issued by the Centers 
for Disease Control and Prevention, the 
National Institute for Occupational Safety 
and Health, and the Occupational Safety 
and Health Administration, which are de-
signed to prevent the transmission of infec-
tious agents in health care or other occu-
pational settings; and 
(ii) relevant scientific research on air-
borne and novel pathogens. 
(8) ENFORCEMENT.—This subsection shall be 
enforced in the same manner and to the same extent 
as any standard promulgated under section 6(b) of 
the Occupational Safety and Health Act of 1970 (29 
U.S.C. 655(b)). 
SEC. 124. PERMANENT REGIONAL EMPHASIS INSPECTION 
PROGRAM; EXPANDING INSPECTIONS. 
(a) REGIONAL EMPHASIS INSPECTION PROGRAM.— 
(1) IN GENERAL.—Not later than 30 days after 
the date of enactment of this Act, the Secretary 
shall, pursuant to section 8 of the Occupational 
Safety and Health Act of 1970 (29 U.S.C. 657), im-
plement a regional emphasis inspection program for 
covered establishments in every State of the United 
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States in which a covered establishment is located. 
Such program shall cover— 
(A) amputation hazards; 
(B) ergonomics; 
(C) hazards related to line speeds; 
(D) bathroom breaks; 
(E) use of chemicals such as peracetic acid 
(antimicrobials); and 
(F) working conditions in high and low 
temperatures. 
(2) STATE
PLANS.—Not later than 30 days 
after the date of enactment of this Act, a State with 
a State plan that has been approved by the Sec-
retary under section 18 of such Act (29 U.S.C. 667) 
shall adopt in each region within the State in which 
covered establishment is located a regional emphasis 
inspection program that is at least as effective as 
the program under paragraph (1). 
(b) EXPANDING INSPECTIONS WHEN INFORMATION 
PRESENTS POSSIBLE ADDITIONAL DANGERS.— 
(1) IN GENERAL.—In the case the Secretary 
conducts a physical inspection of a covered establish-
ment pursuant to section 8 of such Act in response 
to a referral, complaint, or fatality, and the Sec-
retary, during such inspection makes a determina-
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tion under paragraph (2), the Secretary shall expand 
such inspection to all areas of the establishment. 
(2) DETERMINATION.—A determination de-
scribed in this paragraph is either of the following: 
(A) A determination, following a review of 
records of work-related injuries and illnesses 
maintained in accordance with such section 8, 
that a work-related injury or illness may be re-
lated to a workplace danger that may threaten 
physical harm. 
(B) A determination, upon interviews with 
employees, that a workplace danger may threat-
en physical harm. 
SEC. 125. REPRESENTATIVES DURING PHYSICAL INSPEC-
TIONS. 
(a) PROPOSED RULE.—Not later than 1 year after 
the date of enactment of this Act, the Secretary shall, 
under section 8(e) of the Occupational Safety and Health 
Act of 1970 (29 U.S.C. 657(e)), publish in the Federal 
Register a regulation providing that during a physical in-
spection of a covered establishment under such section— 
(1) the representative authorized by employees 
to be given the opportunity to accompany the Sec-
retary during the inspection as described in such 
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section shall not be required to be an employee of 
the employer; 
(2) where there is no representative authorized 
by employees as described in paragraph (1), the em-
ployees may designate a person affiliated with a 
worker-based community organization to serve as 
such representative; and 
(3) the inspector may arrange for interviews 
with employees off-site upon the request of the rep-
resentative or designated person. 
(b) FINAL RULE.—Not later than 2 years after the 
date of enactment of this Act, the Secretary shall publish 
in the Federal Register a final rule for the proposed rule 
under subsection (a). 
SEC. 126. ENHANCED PROTECTIONS FROM RETALIATION. 
(a) EMPLOYEE ACTIONS.—Section 11(c)(1) of the 
Occupational Safety and Health Act of 1970 (29 U.S.C. 
660(c)(1)) is amended— 
(1) by striking ‘‘discharge’’ and all that follows 
through ‘‘because such’’ and inserting the following: 
‘‘discharge or cause to be discharged, or in any 
other manner retaliate or discriminate against or 
cause to be retaliated or discriminated against, any 
employee because— 
‘‘(A) such’’; 
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(2) by striking ‘‘this Act or has’’ and inserting 
the following: ‘‘this Act; 
‘‘(B) such employee has’’; 
(3) by striking ‘‘in any such proceeding or be-
cause of the exercise’’ and inserting the following: 
‘‘before Congress or in any Federal or State pro-
ceeding related to safety or health; 
‘‘(C) such employee has refused to violate 
any provision of this Act; or 
‘‘(D) of the exercise’’; and 
(4) by inserting before the period at the end the 
following: ‘‘, including the reporting of any injury, 
illness, or unsafe condition to the employer, agent of 
the employer, safety and health committee involved, 
or employee safety and health representative in-
volved’’. 
(b) PROHIBITION OF RETALIATION; PROCEDURE.— 
Section 11 of such Act (29 U.S.C. 660) is amended— 
(1) in subsection (c)— 
(A) in paragraph (2)— 
(i) by striking ‘‘discharged or other-
wise discriminated against by any person 
in violation of this subsection’’ and insert-
ing ‘‘aggrieved by a violation of this sub-
section’’; and 
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(ii) by striking ‘‘such discrimination’’ 
and inserting ‘‘such violation’’; and 
(B) by adding at the end the following: 
‘‘(4) EXCEPTION FOR MEAT AND POULTRY ES-
TABLISHMENTS.—Paragraphs (2) and (3) shall not 
apply with respect to a complaint filed by an em-
ployee of an employer that is a covered establish-
ment, as defined in section 3 of the Protecting 
America’s Meatpacking Workers Act.’’; and 
(2) by adding at the end the following: 
‘‘(d) MEAT AND POULTRY ESTABLISHMENTS.— 
‘‘(1) DEFINITIONS.—In this subsection: 
‘‘(A) COMPLAINANT.—The term ‘complain-
ant’ means a complainant who is a covered em-
ployee. 
‘‘(B) COVERED
EMPLOYEE.—The term 
‘covered employee’ means an employee of a cov-
ered employer. 
‘‘(C) COVERED
EMPLOYER.—The term 
‘covered employer’ means an employer that is a 
covered establishment, as defined in section 3 of 
the Protecting America’s Meatpacking Workers 
Act. 
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‘‘(D) RESPONDENT.—The term ‘respond-
ent’ means a respondent who is a covered em-
ployer. 
‘‘(2) REASONABLE APPREHENSION.— 
‘‘(A) IN GENERAL.—No person shall dis-
charge, or cause to be discharged, or in any 
other manner retaliate or discriminate against, 
or cause to be retaliated or discriminated 
against, a covered employee for refusing to per-
form the covered employee’s duties if the cov-
ered employee has a reasonable apprehension 
that performing such duties would result in se-
rious injury to, or serious impairment of the 
health of, the covered employee or other covered 
employees. 
‘‘(B) CIRCUMSTANCES.—For purposes of 
subparagraph (A), the circumstances causing 
the covered employee’s reasonable apprehension 
described in such subparagraph shall be of such 
a nature that a reasonable person, under the 
circumstances confronting the covered em-
ployee, would conclude that performing the du-
ties described in such subparagraph would have 
the result described in such subparagraph. 
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‘‘(C) COMMUNICATION.—In order to qual-
ify for protection under this paragraph, the cov-
ered employee, when practicable, shall have 
communicated or attempted to communicate the 
safety or health concern to the covered em-
ployer and have not received from the covered 
employer a response reasonably calculated to 
allay such concern. 
‘‘(3) COMPLAINT.—Any covered employee who 
believes that the covered employee has been dis-
charged, disciplined, or otherwise retaliated or dis-
criminated against by any person in violation of sub-
section (c)(1) or paragraph (2) of this subsection 
may seek relief for such violation by filing a com-
plaint with the Secretary under paragraph (5). 
‘‘(4) STATUTE OF LIMITATIONS.— 
‘‘(A) IN
GENERAL.—A covered employee 
may take the action permitted by paragraph (3) 
not later than 180 days after the later of— 
‘‘(i) the date on which an alleged vio-
lation of subsection (c)(1) or paragraph (2) 
of this subsection occurs; or 
‘‘(ii) the date on which the covered 
employee knows or should reasonably have 
known that such alleged violation occurred. 
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‘‘(B) 
REPEAT
VIOLATION.—Except 
in 
cases when the covered employee has been dis-
charged, a violation of subsection (c)(1) or 
paragraph (2) of this subsection shall be consid-
ered to have occurred on the last date an al-
leged repeat violation occurred. 
‘‘(5) INVESTIGATION.— 
‘‘(A) IN
GENERAL.—A covered employee 
may, within the time period required under 
paragraph (4)(A), file a complaint with the Sec-
retary alleging a violation of subsection (c)(1) 
or paragraph (2) of this subsection. If the com-
plaint alleges a prima facie case, the Secretary 
shall conduct an investigation of the allegations 
in the complaint, which— 
‘‘(i) shall include— 
‘‘(I) interviewing the complain-
ant; 
‘‘(II) providing the respondent an 
opportunity to— 
‘‘(aa) submit to the Sec-
retary a written response to the 
complaint; and 
‘‘(bb) meet with the Sec-
retary to present statements from 
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witnesses or provide evidence; 
and 
‘‘(III) providing the complainant 
an opportunity to— 
‘‘(aa) receive any statements 
or evidence provided to the Sec-
retary; 
‘‘(bb) meet with the Sec-
retary; and 
‘‘(cc) rebut any statements 
or evidence; and 
‘‘(ii) may include issuing subpoenas 
for the purposes of such investigation. 
‘‘(B) DECISION.—Not later than 90 days 
after the filing of the complaint under this 
paragraph, the Secretary shall— 
‘‘(i) determine whether reasonable 
cause exists to believe that a violation of 
subsection (c)(1) or paragraph (2) of this 
subsection has occurred; and 
‘‘(ii) issue a decision granting or de-
nying relief. 
‘‘(6) PRELIMINARY ORDER FOLLOWING INVES-
TIGATION.—If, after completion of an investigation 
under paragraph (5)(A), the Secretary finds reason-
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able cause to believe that a violation of subsection 
(c)(1) or paragraph (2) of this subsection has oc-
curred, the Secretary shall issue a preliminary order 
providing relief authorized under paragraph (14) at 
the same time the Secretary issues a decision under 
paragraph (5)(B). If a de novo hearing is not re-
quested within the time period required under para-
graph (7)(A)(i), such preliminary order shall be 
deemed a final order of the Secretary and is not 
subject to judicial review. 
‘‘(7) HEARING.— 
‘‘(A) REQUEST FOR HEARING.— 
‘‘(i) IN GENERAL.—A de novo hearing 
on the record before an administrative law 
judge may be requested— 
‘‘(I) by the complainant or re-
spondent within 30 days after receiv-
ing notification of a decision granting 
or denying relief issued under para-
graph (5)(B) or a preliminary order 
under paragraph (6), respectively; 
‘‘(II) by the complainant within 
30 days after the date the complaint 
is dismissed without investigation by 
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the Secretary under paragraph (5)(A); 
or 
‘‘(III) by the complainant within 
120 days after the date of filing the 
complaint under paragraph (5), if the 
Secretary has not issued a decision 
under paragraph (5)(B). 
‘‘(ii) REINSTATEMENT
ORDER.—The 
request for a hearing shall not operate to 
stay any preliminary reinstatement order 
issued under paragraph (6). 
‘‘(B) PROCEDURES.— 
‘‘(i) IN
GENERAL.—A hearing re-
quested under this paragraph shall be con-
ducted expeditiously and in accordance 
with rules established by the Secretary for 
hearings conducted by administrative law 
judges. 
‘‘(ii) SUBPOENAS; PRODUCTION
OF 
EVIDENCE.—In conducting any such hear-
ing, the administrative law judge may issue 
subpoenas. The respondent or complainant 
may request the issuance of subpoenas 
that require the deposition of, or the at-
tendance and testimony of, witnesses and 
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the production of any evidence (including 
any books, papers, documents, or record-
ings) relating to the matter under consid-
eration. 
‘‘(iii) DECISION.—The administrative 
law judge shall issue a decision not later 
than 90 days after the date on which a 
hearing was requested under this para-
graph and promptly notify, in writing, the 
parties and the Secretary of such decision, 
including the findings of fact and conclu-
sions of law. If the administrative law 
judge finds that a violation of subsection 
(c)(1) or paragraph (2) of this subsection 
has occurred, the judge shall issue an 
order for relief under paragraph (14). If 
review under paragraph (8) is not timely 
requested, such order shall be deemed a 
final order of the Secretary that is not sub-
ject to judicial review. 
‘‘(8) ADMINISTRATIVE APPEAL.— 
‘‘(A) IN
GENERAL.—Not later than 30 
days after the date of notification of a decision 
and order issued by an administrative law judge 
under paragraph (7), the complainant or re-
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spondent may file, with objections, an adminis-
trative appeal with an administrative review 
body designated by the Secretary (referred to in 
this paragraph as the ‘review board’). 
‘‘(B) STANDARD OF REVIEW.—In review-
ing the decision and order of the administrative 
law judge, the review board shall affirm the de-
cision and order if it is determined that the fac-
tual findings set forth therein are supported by 
substantial evidence and the decision and order 
are made in accordance with applicable law. 
‘‘(C) DECISIONS.—If the review board 
grants an administrative appeal, the review 
board shall issue a final decision and order af-
firming or reversing, in whole or in part, the 
decision under review by not later than 90 days 
after receipt of the administrative appeal. If it 
is determined that a violation of subsection 
(c)(1) or paragraph (2) of this subsection has 
occurred, the review board shall issue a final 
decision and order providing relief authorized 
under paragraph (14). Such decision and order 
shall constitute final agency action with respect 
to the matter appealed. 
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‘‘(9) SETTLEMENT
IN
THE
ADMINISTRATIVE 
PROCESS.— 
‘‘(A) IN
GENERAL.—At any time before 
issuance of a final order, an investigation or 
proceeding under this subsection may be termi-
nated on the basis of a settlement agreement 
entered into by the parties. 
‘‘(B) PUBLIC POLICY CONSIDERATIONS.— 
Neither the Secretary, an administrative law 
judge, nor the review board conducting a hear-
ing under this subsection shall accept a settle-
ment that contains conditions conflicting with 
the rights protected under this Act or that are 
contrary to public policy, including a restriction 
on a complainant’s right to future employment 
with employers other than the specific covered 
employers named in a complaint. 
‘‘(10) INACTION BY THE REVIEW BOARD OR AD-
MINISTRATIVE LAW JUDGE.— 
‘‘(A) IN GENERAL.—The complainant may 
bring a de novo action described in subpara-
graph (B) if— 
‘‘(i) an administrative law judge has 
not issued a decision and order within the 
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90-day time period required under para-
graph (7)(B)(iii); or 
‘‘(ii) the review board has not issued 
a decision and order within the 90-day 
time period required under paragraph 
(8)(C). 
‘‘(B) DE NOVO ACTION.—Such de novo ac-
tion may be brought at law or equity in the 
United States district court for the district 
where a violation of subsection (c)(1) or para-
graph (2) of this subsection allegedly occurred 
or where the complainant resided on the date of 
such alleged violation. The court shall have ju-
risdiction over such action without regard to the 
amount in controversy and to order appropriate 
relief under paragraph (14). Such action shall, 
at the request of either party to such action, be 
tried by the court with a jury. 
‘‘(11) JUDICIAL REVIEW.— 
‘‘(A) TIMELY APPEAL TO THE COURT OF 
APPEALS.—Any party adversely affected or ag-
grieved by a final decision and order issued 
under this subsection may obtain review of such 
decision and order in the United States Court 
of Appeals for the circuit where the violation, 
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with respect to which such final decision and 
order was issued, allegedly occurred or where 
the complainant resided on the date of such al-
leged violation. To obtain such review, a party 
shall file a petition for review not later than 60 
days after the final decision and order was 
issued. Such review shall conform to chapter 7 
of title 5, United States Code. The commence-
ment of proceedings under this subparagraph 
shall not, unless ordered by the court, operate 
as a stay of the final decision and order. 
‘‘(B) LIMITATION
ON
COLLATERAL
AT-
TACK.—An order and decision with respect to 
which review may be obtained under subpara-
graph (A) shall not be subject to judicial review 
in any criminal or other civil proceeding. 
‘‘(12) ENFORCEMENT
OF
ORDER.—If a re-
spondent fails to comply with an order issued under 
this subsection, the Secretary or the complainant on 
whose behalf the order was issued may file a civil ac-
tion for enforcement in the United States district 
court for the district in which the violation was 
found to occur to enforce such order. If both the 
Secretary and the complainant file such action, the 
action of the Secretary shall take precedence. The 
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district court shall have jurisdiction to grant all ap-
propriate relief described in paragraph (14). 
‘‘(13) BURDENS OF PROOF.— 
‘‘(A) CRITERIA FOR DETERMINATION.—In 
making a determination or adjudicating a com-
plaint pursuant to this subsection, the Sec-
retary, administrative law judge, review board, 
or a court may determine that a violation of 
subsection (c)(1) or paragraph (2) of this sub-
section has occurred only if the complainant 
demonstrates that any conduct described in 
subsection (c)(1) or paragraph (2) of this sub-
section with respect to the complainant was a 
contributing factor in the adverse action alleged 
in the complaint. 
‘‘(B) PROHIBITION.—Notwithstanding sub-
paragraph (A), a decision or order that is favor-
able to the complainant shall not be issued in 
any administrative or judicial action pursuant 
to this subsection if the respondent dem-
onstrates by clear and convincing evidence that 
the respondent would have taken the same ad-
verse action in the absence of such conduct. 
‘‘(14) RELIEF.— 
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‘‘(A) ORDER
FOR
RELIEF.—If the Sec-
retary, administrative law judge, review board, 
or a court determines that a covered employer 
has violated subsection (c)(1) or paragraph (2) 
of this subsection, the Secretary, administrative 
law judge, review board, or court, respectively, 
shall have jurisdiction to order all appropriate 
relief, including injunctive relief, and compen-
satory and exemplary damages, including— 
‘‘(i) affirmative action to abate the 
violation; 
‘‘(ii) reinstatement without loss of po-
sition or seniority, and restoration of the 
terms, rights, conditions, and privileges as-
sociated with the complainant’s employ-
ment, including opportunities for pro-
motions to positions with equivalent or bet-
ter compensation for which the complain-
ant is qualified; 
‘‘(iii) compensatory and consequential 
damages sufficient to make the complain-
ant whole (including back pay, prejudg-
ment interest, and other damages); and 
‘‘(iv) expungement of all warnings, 
reprimands, or derogatory references that 
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have been placed in paper or electronic 
records or databases of any type relating 
to the actions by the complainant that 
gave rise to the unfavorable personnel ac-
tion, and, at the complainant’s direction, 
transmission of a copy of the decision on 
the complaint to any person whom the 
complainant reasonably believes may have 
received such unfavorable information. 
‘‘(B) ATTORNEYS’ FEES
AND
COSTS.—If 
the Secretary or an administrative law judge, 
review board, or court grants an order for relief 
under subparagraph (A), the Secretary, admin-
istrative law judge, review board, or court, re-
spectively, shall assess, at the request of the 
covered employee against the covered em-
ployer— 
‘‘(i) reasonable attorneys’ fees; and 
‘‘(ii) costs (including expert witness 
fees) reasonably incurred, as determined 
by the Secretary, administrative law judge, 
review board, or court, respectively, in con-
nection with bringing the complaint upon 
which the order was issued. 
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‘‘(15) PROCEDURAL RIGHTS.—The rights and 
remedies provided for in this subsection may not be 
waived by any agreement, policy, form, or condition 
of employment, including by any pre-dispute arbitra-
tion agreement or collective bargaining agreement. 
‘‘(16) SAVINGS.—Nothing in this subsection 
shall be construed to diminish the rights, privileges, 
or remedies of any covered employee who exercises 
rights under any Federal or State law or common 
law, or under any collective bargaining agreement. 
‘‘(17) ELECTION OF VENUE.— 
‘‘(A) IN GENERAL.—A covered employee of 
a covered employer who is located in a State 
that has a State plan approved under section 
18 may file a complaint alleging a violation of 
subsection (c)(1) or paragraph (2) of this sub-
section by such employer with— 
‘‘(i) the Secretary under paragraph 
(5); or 
‘‘(ii) a State plan administrator in 
such State. 
‘‘(B) REFERRALS.—If— 
‘‘(i) the Secretary receives a complaint 
pursuant to subparagraph (A)(i), the Sec-
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retary shall not refer such complaint to a 
State plan administrator for resolution; or 
‘‘(ii) a State plan administrator re-
ceives a complaint pursuant to subpara-
graph (A)(ii), the State plan administrator 
shall not refer such complaint to the Sec-
retary for resolution. 
‘‘(18) PRESUMPTION
OF
RETALIATION.—The 
Secretary shall apply an unrebuttable presumption 
of retaliation in any complaint initiated under para-
graph (5) in which the Secretary finds a covered em-
ployee suffers an adverse action within 90 days of 
the date on which the covered employee took any ac-
tion protected under subsection (c)(1) or raised any 
reasonable apprehension under paragraph (2) of this 
subsection. 
‘‘(19) SUPPLEMENT AND NOT SUPPLANT.—The 
remedies provided for under this subsection supple-
ment, and do not supplant, the private right of ac-
tion under section 130 of the Protecting America’s 
Meatpacking Workers Act. 
‘‘(20) DEFINITIONS.—For purposes of this sub-
section and subsection (c)— 
‘‘(A) the term ‘retaliate or discriminate 
against’ includes reporting, or threatening to 
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report, to a Federal, State, or local authority 
the suspected citizenship or immigration status 
of a covered employee, or of a family member 
of a covered employee, because the covered em-
ployee raises a concern about workplace health 
and safety practices or hazards; and 
‘‘(B) the term ‘family member’, with re-
spect to the family member of a covered em-
ployee, means an individual who— 
‘‘(i) is related to the covered employee 
by blood, adoption, marriage, or domestic 
partnership; and 
‘‘(ii) is a significant other, parent, sib-
ling, child, uncle, aunt, niece, nephew, 
cousin, grandparent, or grandchild of the 
covered employee.’’. 
(c) RELATION TO ENFORCEMENT.—Section 17(j) of 
such Act (29 U.S.C. 666(j)) is amended by inserting be-
fore the period the following: ‘‘, including the history of 
violations under subsection (c) or (d) of section 11’’. 
SEC. 127. REGULATIONS TO RESTORE A COLUMN ON RE-
QUIRED RECORDS OF WORK-RELATED MUS-
CULOSKELETAL DISORDERS. 
Not later than 1 year after the date of enactment 
of this Act, the Secretary shall issue a final rule regarding 
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matters pertaining to the proposed rule issued by the Sec-
retary on January 29, 2010, entitled ‘‘Occupational Injury 
and Illness Recording and Reporting Requirements’’ (75 
Fed. Reg. 4728). 
SEC. 128. FUNDING FOR ADDITIONAL OSHA INSPECTORS. 
Out of any amounts in the Treasury not otherwise 
appropriated, there is appropriated $60,000,000 to the 
Secretary for each of fiscal years 2024 through 2029, to 
remain available until expended for— 
(1) the hiring of additional inspectors to carry 
out inspections under section 8 of the Occupational 
Safety and Health Act of 1970 (29 U.S.C. 657); and 
(2) carrying out sections 6, 8, and 11 of the 
Occupational Safety and Health Act of 1970 (29 
U.S.C. 655; 657; and 660), as amended by this Act. 
SEC. 129. OSHA REPORTING. 
(a) DEFINITION OF PANDEMIC.—In this section, the 
term ‘‘pandemic’’ means a public health emergency de-
clared under section 319 of the Public Health Service Act 
(42 U.S.C. 247d) with respect to a pandemic. 
(b) REPORTING DURING A PANDEMIC.— 
(1) STANDARDIZED REPORTING.— 
(A) IN GENERAL.—The Secretary shall es-
tablish a standardized process for covered es-
tablishments to report, on a weekly basis during 
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a pandemic, to the Secretary information re-
garding infections and deaths related to the 
pandemic. Such information shall include— 
(i) the number of employees on a 
weekly and cumulative basis that have con-
tracted the disease resulting in the pan-
demic; 
(ii) racial demographics of such em-
ployees; and 
(iii) the employment status of such 
employees. 
(B) FORM AND PROCEDURES.— 
(i) COVID–19.—Not later than 7 
days after the date of enactment of this 
Act, the Secretary shall issue reporting 
procedures described in subparagraph (A), 
including forms for such procedures, for 
reporting the information described in such 
subparagraph during the pandemic with 
respect to COVID–19. 
(ii) FUTURE PANDEMICS.—Not later 
than 1 year after the date of enactment of 
this Act, or 7 days following a declaration 
of a pandemic other than COVID–19, 
whichever is sooner, the Secretary shall 
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issue reporting procedures described in 
subparagraph (A), including forms for 
such procedures, for pandemics other than 
COVID–19. 
(2) 
PUBLIC
AVAILABILITY.—The 
Secretary 
shall make the information reported under para-
graph (1) available to the public in a manner that 
facilitates public participation, including by making 
such information available on its website in a man-
ner that maximizes public participation. 
(3) PRIVACY.—A covered establishment, in re-
porting information to the Secretary under para-
graph (1), may not claim confidential business infor-
mation or patient privacy, except that such an estab-
lishment may withhold the names of workers, as a 
basis to withhold information. 
(c) DISCLOSURES TO EMPLOYEES.—A covered estab-
lishment shall disclose to each employee or individual pro-
viding work for the employer, including any individual pro-
viding such work through a contract or subcontract, all 
chemicals used at the worksite where the employee or indi-
vidual provides such work. Such disclosure shall be pro-
vided to the employee or individual in the native language 
of the employee or individual. 
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SEC. 130. PRIVATE RIGHT OF ACTION. 
(a) IN GENERAL.—Any person aggrieved by the fail-
ure of a covered establishment to comply with the Occupa-
tional Safety and Health Act of 1970 (29 U.S.C. 651 et 
seq.), including any regulation promulgated pursuant to 
such Act, or to comply with this subtitle may file suit in 
any district court of the United States having jurisdiction 
of the parties, without respect to the amount in con-
troversy and without regard to the citizenship of the par-
ties, or in any other court of competent jurisdiction. 
(b) RIGHT OF RECOVERY.—In an action brought by 
any aggrieved person pursuant to this section, the person 
may recover equitable and legal relief (including compen-
satory and punitive damages), attorney’s fees (including 
expert fees), and costs of the action. 
(c) ACTION BY THE SECRETARY.—Any administra-
tive enforcement by the Secretary shall not preclude the 
relief afforded by this section or otherwise deprive a court 
of jurisdiction. 
SEC. 131. INJUNCTION PROCEEDINGS. 
Section 13 of the Occupational Safety and Health Act 
of 1970 (29 U.S.C. 662) is amended— 
(1) in subsection (a), by adding at the end the 
following: ‘‘Any employee (or the representative of 
such employee) at a place of employment subject to 
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enforcement under this subsection may uncondition-
ally intervene as a matter of right.’’; and 
(2) in subsection (d), by adding at the end the 
following: ‘‘The right to judicial review provided in 
this subsection shall extend to, and the district court 
shall have jurisdiction to adjudicate, any action, in-
action, or failure to act by the Secretary with re-
spect to an imminent danger regardless of whether 
the Secretary, an inspector, or any other individual 
determines the existence or absence of an imminent 
danger.’’. 
Subtitle D—Savings Provision 
SEC. 136. SAVINGS PROVISION. 
Nothing in title shall be construed to diminish the 
rights, privileges, or remedies of any employee who exer-
cises rights under any Federal or State law or common 
law, or under any collective bargaining agreement. 
TITLE II—FARM SYSTEM 
REFORMS 
SEC. 201. EXPANDED MEAT AND POULTRY PROCESSING 
GRANTS. 
Section 764 of division N of the Consolidated Appro-
priations Act, 2021 (21 U.S.C. 473), is amended— 
(1) in subsection (b)— 
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(A) in paragraph (2), by redesignating 
subparagraphs (A) and (B) as clauses (i) and 
(ii), respectively, and indenting appropriately; 
(B) by redesignating paragraphs (1) and 
(2) as subparagraphs (A) and (B), respectively, 
and indenting appropriately; 
(C) in the matter preceding subparagraph 
(A) (as so redesignated), by striking ‘‘To be eli-
gible’’ and inserting the following: 
‘‘(1) IN GENERAL.—To be eligible’’; 
(D) in paragraph (1) (as so designated)— 
(i) in the matter preceding subpara-
graph (A) (as so redesignated), by striking 
‘‘shall be—’’ and inserting ‘‘shall—’’; 
(ii) in subparagraph (A) (as so redes-
ignated)— 
(I) by inserting ‘‘be’’ before ‘‘in 
operation’’; and 
(II) by striking ‘‘and’’ at the end; 
(iii) in subparagraph (B) (as so redes-
ignated)— 
(I) in the matter preceding clause 
(i) (as so redesignated), by striking 
‘‘seeking’’ and inserting ‘‘seek’’; and 
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(II) in clause (ii) (as so redesig-
nated), by striking the period at the 
end and inserting ‘‘; and’’; and 
(iv) by adding at the end the fol-
lowing: 
‘‘(C) have a labor peace agreement in 
place.’’; and 
(E) by adding at the end the following: 
‘‘(2) DEFINITION
OF
LABOR
PEACE
AGREE-
MENT.—In this subsection, the term ‘labor peace 
agreement’ means an agreement— 
‘‘(A) between an employer and a labor or-
ganization that represents, or is actively seeking 
to represent, the employees of the employer; 
and 
‘‘(B) under which such employer and labor 
organization agree that— 
‘‘(i) the employer will not— 
‘‘(I) hinder any effort of an em-
ployee to join a labor organization; or 
‘‘(II) take any action that di-
rectly or indirectly indicates or implies 
any opposition to an employee joining 
a labor organization; 
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‘‘(ii) the labor organization agrees to 
refrain from picketing, work stoppages, or 
boycotts against the employer; 
‘‘(iii) the employer provides the labor 
organization with employee contact infor-
mation, and facilitates or permits labor or-
ganization access to employees at the 
workplace, including facilitating or permit-
ting the labor organization to meet with 
employees to discuss joining the labor or-
ganization; and 
‘‘(iv) the employer shall, upon the re-
quest of the labor organization, recognize 
the labor organization as the bargaining 
representative of the employees if a major-
ity of the employees choose the labor orga-
nization as their bargaining representa-
tive.’’; 
(2) in subsection (d)(2)— 
(A) in subparagraph (A), by redesignating 
clauses (i) and (ii) as subclauses (I) and (II), 
respectively, and indenting appropriately; 
(B) by redesignating subparagraphs (A) 
and (B) as clauses (i) and (ii), respectively, and 
indenting appropriately; 
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(C) in the matter preceding clause (i) (as 
so redesignated), by striking ‘‘recipient shall 
agree’’ and inserting the following: ‘‘recipient— 
‘‘(A) shall agree’’; 
(D) in subparagraph (A) (as so des-
ignated), in clause (ii) (as so redesignated), by 
striking the period at the end and inserting ‘‘; 
and’’; and 
(E) by adding at the end the following: 
‘‘(B) shall not, for a period of 10 years fol-
lowing the date of receipt of the grant, sell a 
slaughter or processing facility to, or merge the 
slaughter or processing facility with, a packer 
that owns more than 10 percent of the market 
share of meat and poultry markets.’’; and 
(3) in subsection (f)— 
(A) by striking ‘‘Of the funds’’ and insert-
ing the following: 
‘‘(1) IN GENERAL.—Of the funds’’; and 
(B) by adding at the end the following: 
‘‘(2) ADDITIONAL
FUNDING.—In addition to 
amounts made available under paragraph (1), of the 
funds of the Treasury not otherwise appropriated, 
there is appropriated to carry out this section 
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$100,000,000 for the period of fiscal years 2024 
through 2033.’’. 
SEC. 202. LOCAL AGRICULTURE MARKET PROGRAM. 
Section 210A(i)(1) of the Agricultural Marketing Act 
of 1946 (7 U.S.C. 1627c(i)(1)) is amended by striking 
‘‘fiscal year 2019’’ and inserting ‘‘each of fiscal years 
2023 and 2024, and $500,000,000 for fiscal year 2025’’. 
SEC. 203. RESTORATION OF MANDATORY COUNTRY OF ORI-
GIN LABELING FOR BEEF AND PORK; INCLU-
SION OF DAIRY PRODUCTS. 
(a) DEFINITIONS.—Section 281 of the Agricultural 
Marketing Act of 1946 (7 U.S.C. 1638) is amended— 
(1) by redesignating paragraphs (1), (2) 
through (5), (6), and (7) as paragraphs (2), (4) 
through (7), (9), and (10), respectively; 
(2) by inserting before paragraph (2) (as so re-
designated) the following: 
‘‘(1) BEEF.—The term ‘beef’ means meat pro-
duced from cattle (including veal).’’; 
(3) in paragraph (2) (as so redesignated)— 
(A) in subparagraph (A)— 
(i) in clause (i), by striking ‘‘lamb’’ 
and inserting ‘‘beef, lamb, pork,’’; 
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(ii) in clause (ii), by striking ‘‘ground 
lamb’’ and inserting ‘‘ground beef, ground 
lamb, ground pork,’’; 
(iii) in clause (x), by striking ‘‘and’’ 
at the end; 
(iv) in clause (xi), by striking the pe-
riod at the end and inserting ‘‘; and’’; and 
(v) by adding at the end the following: 
‘‘(xii) dairy products.’’; and 
(B) in subparagraph (B), by inserting 
‘‘(other than clause (xii) of that subpara-
graph)’’ after ‘‘subparagraph (A)’’; 
(4) by inserting after paragraph (2) (as so re-
designated) the following: 
‘‘(3) DAIRY PRODUCT.—The term ‘dairy prod-
uct’ means— 
‘‘(A) fluid milk; 
‘‘(B) cheese, including cottage cheese and 
cream cheese; 
‘‘(C) yogurt; 
‘‘(D) ice cream; 
‘‘(E) butter; and 
‘‘(F) any other dairy product.’’; and 
(5) by inserting after paragraph (7) (as so re-
designated) the following: 
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‘‘(8) PORK.—The term ‘pork’ means meat pro-
duced from hogs.’’. 
(b) NOTICE
OF
COUNTRY
OF
ORIGIN.—Section 
282(a) of the Agricultural Marketing Act of 1946 (7 
U.S.C. 1638a(a)) is amended by adding at the end the 
following: 
‘‘(5) DESIGNATION
OF
COUNTRY
OF
ORIGIN 
FOR DAIRY PRODUCTS.— 
‘‘(A) IN GENERAL.—A retailer of a covered 
commodity that is a dairy product shall des-
ignate the origin of the covered commodity as— 
‘‘(i) each country in which or from 
which the 1 or more dairy ingredients or 
dairy components of the covered com-
modity were produced, originated, or 
sourced; and 
‘‘(ii) each country in which the cov-
ered commodity was processed. 
‘‘(B) STATE, REGION, LOCALITY OF THE 
UNITED
STATES.—With respect to a covered 
commodity that is a dairy product produced ex-
clusively in the United States, designation by a 
retailer of the State, region, or locality of the 
United States where the covered commodity 
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was produced shall be sufficient to identify the 
United States as the country of origin.’’. 
SEC. 204. DEFINITIONS IN PACKERS AND STOCKYARDS ACT, 
1921. 
Section 2(a) of the Packers and Stockyards Act, 
1921 (7 U.S.C. 182(a)), is amended— 
(1) in paragraph (8), by striking ‘‘for slaugh-
ter’’ and all that follows through ‘‘of such poultry’’ 
and inserting ‘‘under a poultry growing arrange-
ment, regardless of whether the poultry is owned by 
that person or another person’’; 
(2) in paragraph (9), by striking ‘‘and cares for 
live poultry for delivery, in accord with another’s in-
structions, for slaughter’’ and inserting ‘‘or cares for 
live poultry in accordance with the instructions of 
another person’’; 
(3) in each of paragraphs (1) through (9), by 
striking the semicolon at the end and inserting a pe-
riod; 
(4) in paragraph (10)— 
(A) by striking ‘‘for the purpose of either 
slaughtering it or selling it for slaughter by an-
other’’; and 
(B) by striking ‘‘; and’’ at the end and in-
serting a period; and 
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(5) by adding at the end the following: 
‘‘(15) FORMULA PRICE.— 
‘‘(A) IN
GENERAL.—The term ‘formula 
price’ means any price term that establishes a 
base from which a purchase price is calculated 
on the basis of a price that will not be deter-
mined or reported until a date that is after the 
date on which the forward price is established. 
‘‘(B) EXCLUSION.—The term ‘formula 
price’ does not include— 
‘‘(i) any price term that establishes a 
base from which a purchase price is cal-
culated on the basis of a futures market 
price; or 
‘‘(ii) any adjustment to the base for 
quality, grade, or other factors relating to 
the value of livestock or livestock products 
that are readily verifiable market factors 
and are outside the control of the packer. 
‘‘(16) FORWARD
CONTRACT.—The term ‘for-
ward contract’ means an oral or written contract for 
the purchase of livestock that provides for the deliv-
ery of the livestock to a packer at a date that is 
more than 7 days after the date on which the con-
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tract is entered into, without regard to whether the 
contract is for— 
‘‘(A) a specified lot of livestock; or 
‘‘(B) a specified number of livestock over a 
certain period of time.’’. 
SEC. 205. UNLAWFUL PRACTICES. 
(a) IN GENERAL.—Section 202 of the Packers and 
Stockyards Act, 1921 (7 U.S.C. 192), is amended— 
(1) by redesignating subsections (a) through (f) 
and (g) as paragraphs (1) through (6) and (10), re-
spectively, and indenting appropriately; 
(2) by striking the section designation and all 
that follows through ‘‘It shall be’’ in the matter pre-
ceding paragraph (1) (as so redesignated) and in-
serting the following: 
‘‘SEC. 202. UNLAWFUL ACTS. 
‘‘(a) IN GENERAL.—It shall be’’; 
(3) in subsection (a)— 
(A) in the matter preceding paragraph (1) 
(as so redesignated), by striking ‘‘to:’’ and in-
serting ‘‘to do any of the following:’’; 
(B) in each of paragraphs (1) through (6) 
(as so redesignated), by striking ‘‘; or’’ each 
place it appears and inserting a period; 
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(C) in paragraph (6) (as so redesig-
nated)— 
(i) by striking ‘‘(1)’’ and inserting 
‘‘(A)’’; 
(ii) by striking ‘‘(2)’’ and inserting 
‘‘(B)’’; and 
(iii) by striking ‘‘(3)’’ and inserting 
‘‘(C)’’; 
(D) by inserting after paragraph (6) the 
following: 
‘‘(7) Use, in effectuating any sale of livestock, 
a forward contract that— 
‘‘(A) does not contain a firm base price 
that may be equated to a fixed dollar amount 
on the date on which the forward contract is 
entered into; 
‘‘(B) is not offered for bid in an open, pub-
lic manner under which— 
‘‘(i) buyers and sellers have the oppor-
tunity to participate in the bid; 
‘‘(ii) more than 1 blind bid is solic-
ited; and 
‘‘(iii) buyers and sellers may witness 
bids that are made and accepted; 
‘‘(C) is based on a formula price; or 
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‘‘(B) a cooperative or entity owned by a co-
operative, if a majority of the ownership inter-
est in the cooperative is held by active coopera-
tive members that— 
‘‘(i) own, feed, or control the livestock; 
and 
‘‘(ii) provide the livestock to the coop-
erative for slaughter; 
‘‘(C) a packer that is not required to re-
port to the Secretary on each reporting day (as 
defined in section 212 of the Agricultural Mar-
keting Act of 1946 (7 U.S.C. 1635a)) informa-
tion on the price and quantity of livestock pur-
chased by the packer; or 
‘‘(D) a packer that owns only 1 livestock 
processing plant. 
‘‘(9) Take any action that adversely affects or 
is likely to adversely affect competition, regardless of 
whether there is a business justification for the ac-
tion.’’; and 
(E) in paragraph (10) (as so redesig-
nated), by striking ‘‘subdivision (a), (b), (c), 
(d), or (e)’’ and inserting ‘‘paragraphs (1) 
through (9)’’; and 
(4) by adding at the end the following: 
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‘‘(b) UNFAIR, DISCRIMINATORY, AND DECEPTIVE 
PRACTICES AND DEVICES.—Acts by a packer, swine con-
tractor, or live poultry dealer that violate subsection (a)(1) 
include the following: 
‘‘(1) Refusal to provide, on the request of a 
livestock producer, swine production contract grow-
er, or poultry grower with which the packer, swine 
contractor, or live poultry dealer has a marketing or 
delivery contract, the relevant statistical information 
and data used to determine the compensation paid 
to the livestock producer, swine production contract 
grower, or poultry grower, as applicable, under the 
contract, including— 
‘‘(A) feed conversion rates by house, lot, or 
pen; 
‘‘(B) feed analysis; 
‘‘(C) breeder history; 
‘‘(D) quality grade; 
‘‘(E) yield grade; and 
‘‘(F) delivery volume for any certified 
branding program (such as programs for angus 
beef or certified grassfed or Berkshire pork). 
‘‘(2) Conduct or action that limits or attempts 
to limit by contract the legal rights and remedies of 
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a livestock producer, swine production contract 
grower, or poultry grower, including the right— 
‘‘(A) to a trial by jury, unless the livestock 
producer, swine production contract grower, or 
poultry grower, as applicable, is voluntarily 
bound by an arbitration provision in a contract; 
‘‘(B) to pursue all damages available under 
applicable law; and 
‘‘(C) to seek an award of attorneys’ fees, 
if available under applicable law. 
‘‘(3) Termination of a poultry growing arrange-
ment or swine production contract with no basis 
other than an allegation that the poultry grower or 
swine production contract grower failed to comply 
with an applicable law, rule, or regulation. 
‘‘(4) A representation, omission, or practice 
that is likely to mislead a livestock producer, swine 
production contract grower, or poultry grower re-
garding a material condition or term in a contract 
or business transaction. 
‘‘(c) UNDUE OR UNREASONABLE PREFERENCES, AD-
VANTAGES, PREJUDICES, AND DISADVANTAGES.— 
‘‘(1) IN GENERAL.—Acts by a packer, swine 
contractor, or live poultry dealer that violate sub-
section (a)(2) include the following: 
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‘‘(A) A retaliatory action (including coer-
cion or intimidation) or the threat of retaliatory 
action— 
‘‘(i) in connection with the execution, 
termination, extension, or renewal of a 
contract or agreement with a livestock pro-
ducer, swine production contract grower, 
or poultry grower aimed to discourage the 
exercise of the rights of the livestock pro-
ducer, swine production contract grower, 
or poultry grower under this Act or any 
other law; and 
‘‘(ii) in response to lawful communica-
tion (including as described in paragraph 
(2)), association, or assertion of rights by 
a livestock producer, swine production con-
tract grower, or poultry grower. 
‘‘(B) Use of the tournament system for 
poultry as described in paragraph (3). 
‘‘(2) LAWFUL COMMUNICATION DESCRIBED.—A 
lawful communication referred to in paragraph 
(1)(A)(ii) includes— 
‘‘(A) a communication with officials of a 
Federal agency or Members of Congress; 
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‘‘(B) any lawful disclosure that dem-
onstrates a reasonable belief of a violation of 
this Act or any other law; and 
‘‘(C) any other communication that assists 
in carrying out the purposes of this Act. 
‘‘(3) USE OF TOURNAMENT SYSTEM FOR POUL-
TRY.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), a live poultry dealer shall be in vio-
lation of subsection (a)(2) if the live poultry 
dealer determines the formula for calculating 
the pay of a poultry grower in a tournament 
group by comparing the performance of the 
birds of other poultry growers in the group 
using factors outside the control of the poultry 
grower and within the control of the live poultry 
dealer. 
‘‘(B) EXCEPTION.—Under subparagraph 
(A), a live poultry dealer shall not be found in 
violation of subsection (a)(2) if the live poultry 
dealer demonstrates through clear and con-
vincing evidence that the inputs and services 
described in subparagraph (C) that were used 
in the comparative evaluation were substantially 
the same in quality, quantity, and timing, as 
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applicable, for all poultry growers in the tour-
nament group. 
‘‘(C) INPUTS AND SERVICES DESCRIBED.— 
The inputs and services referred to in subpara-
graph (B) include, with respect to poultry grow-
ers in the same tournament group— 
‘‘(i) the quantity, breed, sex, and age 
of chicks delivered to each poultry grower; 
‘‘(ii) the breed and age of the breeder 
flock from which chicks are drawn for each 
poultry grower; 
‘‘(iii) the quality, type (such as starter 
feed), and quantity of feed delivered to 
each poultry grower; 
‘‘(iv) the quality of and access to 
medications for the birds of each poultry 
grower; 
‘‘(v) the number of birds in a flock de-
livered to each poultry grower; 
‘‘(vi) the timing of the pick-up of 
birds for processing (including the age of 
the birds and the number of days that the 
birds are in the care of the poultry grower) 
for each poultry grower; 
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‘‘(vii) the death loss of birds during 
pick-up, transport, and time spent at the 
processing plant for each poultry grower; 
‘‘(viii) condemnations of parts of birds 
due to actions in processing for each poul-
try grower; 
‘‘(ix) condemnations of whole birds 
due to the fault of the poultry grower; 
‘‘(x) the death loss of birds due to the 
fault of the poultry grower; 
‘‘(xi) the stated reasons for the cause 
of the death losses and condemnations de-
scribed in clauses (vii) through (x); 
‘‘(xii) the type and classification of 
each poultry grower; and 
‘‘(xiii) any other input or service that 
may have an impact on feed conversion to 
weight gain efficiency or the life span of 
the birds of each poultry grower. 
‘‘(d) HARM TO COMPETITION NOT REQUIRED.—In 
determining whether an act, device, or conduct is a viola-
tion under paragraph (1) or (2) of subsection (a), a find-
ing that the act, device, or conduct adversely affected or 
is likely to adversely affect competition is not required.’’. 
(b) EFFECTIVE DATE.— 
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(1) IN GENERAL.—Subject to paragraph (2), 
paragraph (8) of section 202(a) of the Packers and 
Stockyards Act, 1921 (7 U.S.C. 192) (as designated 
by subsection (a)(2)), shall take effect on the date 
of enactment of this Act. 
(2) TRANSITION RULES.—In the case of a pack-
er that, on the date of enactment of this Act, owns, 
feeds, or controls livestock intended for slaughter in 
violation of paragraph (8) of section 202(a) of the 
Packers and Stockyards Act, 1921 (7 U.S.C. 192) 
(as designated by subsection (a)(2)), that paragraph 
shall take effect— 
(A) in the case of a packer of swine, begin-
ning on the date that is 18 months after the 
date of enactment of this Act; and 
(B) in the case of a packer of any other 
type of livestock, beginning not later than 180 
days after the date of enactment of this Act, as 
determined by the Secretary. 
SEC. 206. SPOT MARKET PURCHASES OF LIVESTOCK BY 
PACKERS. 
The Packers and Stockyards Act, 1921, is amended 
by inserting after section 202 (7 U.S.C. 192) the fol-
lowing: 
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‘‘SEC. 202A. SPOT MARKET PURCHASES OF LIVESTOCK BY 
PACKERS. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) COVERED PACKER.— 
‘‘(A) IN
GENERAL.—The term ‘covered 
packer’ means a packer that is required under 
subtitle B of the Agricultural Marketing Act of 
1946 (7 U.S.C. 1635 et seq.) to report to the 
Secretary each reporting day information on the 
price and quantity of livestock purchased by the 
packer. 
‘‘(B) EXCLUSION.—The term ‘covered 
packer’ does not include a packer that owns 
only 1 livestock processing plant. 
‘‘(2) NONAFFILIATED
PRODUCER.—The term 
‘nonaffiliated producer’ means a producer of live-
stock— 
‘‘(A) that sells livestock to a packer; 
‘‘(B) that has less than 1 percent equity 
interest in the packer; 
‘‘(C) that has no officers, directors, em-
ployees, or owners that are officers, directors, 
employees, or owners of the packer; 
‘‘(D) that has no fiduciary responsibility to 
the packer; and 
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‘‘(E) in which the packer has no equity in-
terest. 
‘‘(3) SPOT MARKET SALE.— 
‘‘(A) IN GENERAL.—The term ‘spot mar-
ket sale’ means a purchase and sale of livestock 
by a packer from a producer— 
‘‘(i) under an agreement that specifies 
a firm base price that may be equated with 
a fixed dollar amount on the date the 
agreement is entered into; 
‘‘(ii) under which the livestock are 
slaughtered not more than 7 days after the 
date on which the agreement is entered 
into; and 
‘‘(iii) under circumstances in which a 
reasonable competitive bidding opportunity 
exists on the date on which the agreement 
is entered into. 
‘‘(B) REASONABLE COMPETITIVE BIDDING 
OPPORTUNITY.—For the purposes of subpara-
graph (A)(iii), a reasonable competitive bidding 
opportunity shall be considered to exist if— 
‘‘(i) no written or oral agreement pre-
cludes the producer from soliciting or re-
ceiving bids from other packers; and 
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‘‘(ii) no circumstance, custom, or 
practice exists that— 
‘‘(I) establishes the existence of 
an implied contract (as determined in 
accordance with the Uniform Com-
mercial Code); and 
‘‘(II) precludes the producer from 
soliciting or receiving bids from other 
packers. 
‘‘(b) GENERAL RULE.—Of the quantity of livestock 
that is slaughtered by a covered packer during each re-
porting day in each plant, the covered packer shall slaugh-
ter not less than the applicable percentage specified in 
subsection (c) of the quantity through spot market sales 
from nonaffiliated producers. 
‘‘(c) APPLICABLE PERCENTAGES.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), the applicable percentage shall be 50 per-
cent. 
‘‘(2) EXCEPTIONS.—In the case of a covered 
packer that reported to the Secretary in the 2020 
annual report that more than 60 percent of the live-
stock of the covered packer were committed procure-
ment livestock, the applicable percentage shall be the 
greater of— 
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‘‘(A) the difference between the percentage 
of committed procurement so reported and 100 
percent; and 
‘‘(B)(i) during each of calendar years 2024 
and 2025, 20 percent; 
‘‘(ii) during each of calendar years 2026 
and 2027, 30 percent; and 
‘‘(iii) during calendar year 2028 and each 
calendar year thereafter, 50 percent. 
‘‘(d) NONPREEMPTION.—This section does not pre-
empt any requirement of a State or political subdivision 
of a State that requires a covered packer to purchase on 
the spot market a greater percentage of the livestock pur-
chased by the covered packer than is required under this 
section.’’. 
SEC. 207. INVESTIGATION OF LIVE POULTRY DEALERS. 
(a) ADMINISTRATIVE
ENFORCEMENT
AUTHORITY 
OVER LIVE POULTRY DEALERS.—Sections 203, 204, and 
205 of the Packers and Stockyards Act, 1921 (7 U.S.C. 
193, 194, 195), are amended by inserting ‘‘, live poultry 
dealer,’’ after ‘‘packer’’ each place it appears. 
(b) AUTHORITY TO REQUEST TEMPORARY INJUNC-
TION OR RESTRAINING ORDER.—Section 408(a) of the 
Packers and Stockyards Act, 1921 (7 U.S.C. 228a(a)), is 
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amended by inserting ‘‘or poultry care’’ after ‘‘on account 
of poultry’’. 
(c) VIOLATIONS BY LIVE POULTRY DEALERS.—Sec-
tion 411 of the Packers and Stockyards Act, 1921 (7 
U.S.C. 228b–2), is amended— 
(1) in subsection (a), in the first sentence, by 
striking ‘‘any provision of section 207 or section 410 
of’’; and 
(2) in subsection (b), in the first sentence, by 
striking ‘‘any provisions of section 207 or section 
410’’ and inserting ‘‘any provision’’. 
SEC. 208. AWARD OF ATTORNEY FEES. 
Section 204 of the Packers and Stockyards Act, 1921 
(7 U.S.C. 194), is amended by adding at the end the fol-
lowing: 
‘‘(i) ATTORNEY’S FEE.—The court shall award a rea-
sonable attorney’s fee as part of the costs to a prevailing 
plaintiff in a civil action under this section.’’. 
SEC. 209. TECHNICAL AMENDMENTS. 
(a) Section 203 of the Packers and Stockyards Act, 
1921 (7 U.S.C. 193), is amended— 
(1) in subsection (a), in the first sentence— 
(A) by striking ‘‘he shall cause’’ and in-
serting ‘‘the Secretary shall cause’’; and 
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(B) by striking ‘‘his charges’’ and inserting 
‘‘the charges’’; 
(2) in subsection (b), in the first sentence, by 
striking ‘‘he shall make a report in writing in which 
he shall state his findings’’ and inserting ‘‘the Sec-
retary shall make a report in writing in which the 
Secretary shall state the findings of the Secretary’’; 
and 
(3) in subsection (c), by striking ‘‘he’’ and in-
serting ‘‘the Secretary’’. 
(b) Section 204 of the Packers and Stockyards Act, 
1921 (7 U.S.C. 194), is amended— 
(1) in subsection (a), by striking ‘‘he has his’’ 
and inserting ‘‘the packer, live poultry dealer, or 
swine contractor has the’’; 
(2) in subsection (c), by striking ‘‘his officers, 
directors, agents, and employees’’ and inserting ‘‘the 
officers, directors, agents, and employees of the 
packer, live poultry dealer, or swine packer’’; 
(3) in subsection (f), in the second sentence— 
(A) by striking ‘‘his findings’’ and insert-
ing ‘‘the findings of the Secretary’’; and 
(B) by striking ‘‘he’’ and inserting ‘‘the 
Secretary’’; and 
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(4) in subsection (g), by striking ‘‘his officers, 
directors, agents, and employees’’ and inserting ‘‘the 
officers, directors, agents, and employees of the 
packer, live poultry dealer, or swine packer’’. 
TITLE III—GAO REPORTS 
SEC. 301. REVIEW AND REPORT ON FRAGILITY AND NA-
TIONAL SECURITY IN THE FOOD SYSTEM. 
(a) IN GENERAL.—Not later than 180 days after the 
date of enactment of this Act, the Comptroller General 
of the United States shall carry out, and submit to Con-
gress a report containing, a review of the fragility of the 
food system in the United States with respect to meat and 
poultry. 
(b) REQUIREMENTS.—The report under subsection 
(a) shall include information on, and an analysis of— 
(1) the reach of corporate consolidation and 
corporate control of the meat and poultry supply 
chain, including animal feed, inputs for animal feed, 
processing, and distribution; 
(2) the effects of corporate consolidation and 
corporate control of the meat and poultry supply 
chain on— 
(A) consumers, farmers, rural commu-
nities, and meat and poultry processing work-
ers; 
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(B) greenhouse gas emissions, climate 
change, and costs borne by communities to 
adapt to climate change; 
(C) water quality, soil quality, air quality, 
and biodiversity; and 
(D) politics and political lobbying; 
(3)(A) the extent to which Department of Agri-
culture rules and regulations designed for large cov-
ered establishments are applied to small- and me-
dium-sized covered establishments; and 
(B) the need for the Secretary of Agriculture to 
adapt rules and regulations to benefit small- and 
medium-sized covered establishments; 
(4) the effects of the COVID–19 pandemic on 
meat and poultry exports, meat and poultry cold 
storage inventories, processing rates of meat and 
poultry, and the net profits earned by owners of cov-
ered establishments; 
(5) the effect of the COVID–19 pandemic on 
meat and poultry prices paid— 
(A) to farmers; and 
(B) by consumers; 
(6) Federal support for the corporations that 
control the largest percentage of the meat and poul-
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try industry through contracts, procurement, sub-
sidies, and other mechanisms; 
(7) the risk of disruption caused by corporate 
consolidation among covered establishments, includ-
ing an analysis of food supply chain issues resulting 
from the COVID–19 pandemic; and 
(8) the extent to which breaking up the meat 
packing oligopoly would increase food system resil-
iency for the next pandemic. 
SEC. 302. REVIEW AND REPORT ON RACIAL AND ETHNIC 
DISPARITIES IN MEAT AND POULTRY PROC-
ESSING. 
Not later than 180 days after the date of enactment 
of this Act, the Comptroller General of the United States 
shall carry out, and submit to Congress, a report on racial 
and ethnic disparities in the meat and poultry processing 
sector. Such report shall contain a review of each of the 
following: 
(1) The impacts of working in covered estab-
lishments to individuals working at such establish-
ments who are employees, temporary workers, incar-
cerated workers, noncitizen workers admitted to the 
United States as nonimmigrants described in section 
101(a)(15)(H)(ii)(b) of the Immigration and Nation-
ality Act (8 U.S.C. 1101(a)(15)(H)(ii)(b)) or as ref-
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ugees under section 207 of that Act (8 U.S.C. 
1157), or noncitizen workers who are not lawfully 
present in the United States. Such review shall in-
clude a review of— 
(A) workplace injuries, including repetitive 
musculoskeletal injuries, of such individuals; 
(B) psychological and mental health condi-
tions of such individuals; 
(C) exposure of such individuals to chemi-
cals or other potential carcinogens and repro-
ductive toxins; 
(D) any physical or mental abuse, includ-
ing sexual harassment, of such individuals by 
co-workers or managers; 
(E) the risk of exposure to SARS–CoV–2 
for such individuals; 
(F) the extent to which such individuals 
are unable to seek appropriate relief for work-
place injuries, abuse, and protection from expo-
sure to SARS–CoV–2 during the COVID–19 
emergency for fear of retaliation; and 
(G) COVID–19 deaths and illnesses of 
such individuals, including the short- and long- 
term effects of COVID–19 for such individuals. 
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(2) The racial demographics and use of tem-
porary workers to outsource the responsibility of 
covered establishments to provide a safe workplace. 
(3) The racial demographics and use of incar-
cerated workers in covered establishments, includ-
ing— 
(A) the extent to which such workers have 
a choice in working at covered establishments; 
(B) the use of such workers to outsource 
the responsibility of covered establishments to 
provide a safe workplace; 
(C) the use of such workers to outsource 
the responsibility of covered establishments to 
provide fair compensation; and 
(D) the use of such workers by covered es-
tablishments to externalize employee cost. 
(4) The racial demographics and use of noncit-
izen workers admitted to the United States as non-
immigrants described in section 101(a)(15)(H)(ii)(b) 
of the Immigration and Nationality Act (8 U.S.C. 
1101(a)(15)(H)(ii)(b)) or as refugees under section 
207 of that Act (8 U.S.C. 1157) at covered estab-
lishments, including— 
(A) the extent to which predatory prac-
tices, such as limiting the ability of such work-
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ers to choose and move between competing or-
ganizations, are utilized by covered establish-
ments with respect to such workers; 
(B) the extent to which such workers are 
unable to speak out for fear of retaliation; and 
(C) the extent to which there is full trans-
parency about the nature of employment of 
such workers prior to being hired. 
(5) The racial demographics and use of noncit-
izen workers who are not lawfully present in the 
United States at covered establishments, including— 
(A) the extent to which such workers are 
unable to speak out for fear of retaliation; and 
(B) whether any collusion between Federal 
immigration offices and covered establishments 
have the effect of intimidating and silencing 
such workers. 
SEC. 303. GAO REPORT ON LINE SPEEDS. 
(a) IN GENERAL.—Not later than 90 days after the 
end of the covered period, the Comptroller General of the 
United States shall carry out, and submit to Congress a 
report containing, a review of the actions taken by the Sec-
retary, the Secretary of Labor, and the Secretary of 
Health and Human Services in response to the COVID– 
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19 pandemic to determine the effectiveness of those ac-
tions in protecting animal, food, and worker safety. 
(b) CONTENTS.—The review carried out under sub-
section (a) shall include information on, and an analysis 
of, with respect to covered establishments— 
(1) all policies and regulations relating to in-
spection of those establishments that have been im-
plemented by the Secretary, the Secretary of Labor, 
and the Secretary of Health and Human Services 
during the COVID–19 emergency and the covered 
period; 
(2) the pandemic emergency preparedness plans 
of those establishments; 
(3) the extent to which those establishments 
have implemented guidance and recommendations to 
space workers 6 feet apart on production lines and 
in break rooms, locker rooms, and all other work-
spaces; 
(4) the extent to which those establishments 
maintain policies and procedures that discourage 
workers from reporting exposure, seeking treatment, 
or remaining in isolation, including— 
(A) bonus or work incentive programs; and 
(B) sick leave that does not cover the full 
pay of a worker; 
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(5) the extent to which those establishments 
provide communications and training about COVID– 
19 in a language and at a literacy level workers un-
derstand; 
(6)(A) the quantity and quality of face masks 
and personal protective equipment, such as face 
shields and respirators, made available to workers at 
those establishments; 
(B) whether the face masks and personal pro-
tective equipment are provided to the workers free of 
charge; and 
(C) usage of the face masks and personal pro-
tective equipment by the workers; 
(7) any guidance provided to inspectors of those 
establishments by the Secretary, the Secretary of 
Labor, or the Secretary of Health and Human Serv-
ices during the COVID–19 emergency; 
(8) actions taken by the Secretary, the Sec-
retary of Labor, and the Secretary of Health and 
Human Services to protect workers, animals, and 
food at establishments that have reported cases of 
COVID–19; 
(9) all humane handling reports issued, and en-
forcement actions taken, by the Secretary during the 
COVID–19 emergency pursuant to— 
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(A) Public Law 85–765 (commonly known 
as the ‘‘Humane Methods of Slaughter Act of 
1958’’) (7 U.S.C. 1901 et seq.); and 
(B) good commercial practices regulations 
promulgated under the Poultry Products In-
spection Act (21 U.S.C. 451 et seq.); 
(10) the impact of faster line speeds on the 
ability of those establishments to maintain protec-
tions for workers; 
(11) any instance of interference by a Federal 
agency with the contents of any report of findings 
based on a review of a covered establishment experi-
encing an outbreak of COVID–19 conducted by per-
sonnel of the Centers for Disease Control and Pre-
vention; and 
(12) any instance of interference by a Federal 
agency with the recommended actions of a State or 
local health department to close a covered facility ex-
periencing COVID–19-related deaths and disease. 
Æ 
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