I 
118TH CONGRESS 
1ST SESSION H. R. 4978 
To provide for the protection of agricultural workers, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 27, 2023 
Mr. CASAR (for himself, Mr. POCAN, Ms. ADAMS, Ms. BARRAGA´N, Mr. BOW-
MAN, Ms. BUDZINSKI, Ms. BUSH, Mr. CARSON, Ms. CROCKETT, Mr. 
DELUZIO, Mr. DOGGETT, Mrs. FOUSHEE, Mr. FROST, Mr. GARAMENDI, 
Mr. ROBERT GARCIA of California, Ms. GARCIA of Texas, Ms. NORTON, 
Ms. JACKSON LEE, Mr. JACKSON of Illinois, Mr. JOHNSON of Georgia, 
Mr. MCGOVERN, Ms. OCASIO-CORTEZ, Ms. SA´NCHEZ, Mr. THANEDAR, 
Ms. TLAIB, Mr. VARGAS, Ms. VELA´ZQUEZ, Ms. JAYAPAL, and Ms. 
CLARKE of New York) introduced the following bill; which was referred 
to the Committee on Agriculture, and in addition to the Committees on 
Education and the Workforce, Financial Services, 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 provide for the protection of agricultural 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. 
This Act may be cited as the ‘‘Agricultural Worker 
Justice Act’’. 
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SEC. 2. TABLE OF CONTENTS. 
The table of contents for this Act is as follows: 
Sec. 1. Short title. 
Sec. 2. Table of contents. 
TITLE I—FAIR USDA PROCUREMENT AND CONTRACTING 
Sec. 101. Definitions. 
Sec. 102. Food worker pay increase. 
Sec. 103. Prohibition on stock buybacks while receiving USDA funds. 
Sec. 104. Promotion of economic security and workplace accountability. 
Sec. 105. Waiver to purchase foreign commodities or products. 
Sec. 106. Authorization of local food purchase assistance cooperative agreement 
program. 
Sec. 107. Report regarding grant recipients. 
TITLE II—PROTECTING AMERICA’S MEATPACKING WORKERS 
Sec. 201. Findings. 
Sec. 202. Definitions. 
Subtitle A—Reforms to Protect Meat and Poultry Processing Workers 
PART I—DEPARTMENT OF AGRICULTURE 
Sec. 211. Rule on increased line speeds at meat and poultry establishments. 
PART II—FAIR ATTENDANCE POLICIES 
Sec. 221. Definitions. 
Sec. 222. Requirements for employers relating to no fault attendance policies 
or attendance systems. 
Sec. 223. Remedies and enforcement. 
Sec. 224. Rulemaking. 
Sec. 225. Relationship to other laws. 
PART III—OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION REFORMS 
Sec. 231. Definitions. 
Sec. 232. Ensuring compliance with employee rights to use toilet facilities at 
covered establishments. 
Sec. 233. Occupational safety and health standards to protect employees in cov-
ered establishments. 
Sec. 234. Permanent regional emphasis inspection program; expanding inspec-
tions. 
Sec. 235. Representatives during physical inspections. 
Sec. 236. Enhanced protections from retaliation. 
Sec. 237. Regulations to restore a column on required records of work-related 
musculoskeletal disorders. 
Sec. 238. Funding for additional OSHA inspectors. 
Sec. 239. OSHA reporting. 
Sec. 240. Private right of action. 
Sec. 241. Injunction proceedings. 
PART IV—SAVINGS PROVISION 
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Sec. 251. Savings provision. 
Subtitle B—GAO Reports 
Sec. 261. Review and report on racial and ethnic disparities in meat and poul-
try processing. 
TITLE I—FAIR USDA PROCURE-
MENT AND CONTRACTING 
SEC. 101. DEFINITIONS. 
In this title: 
(1) MEAT.—The term ‘‘meat’’ means meat 
(within the meaning of the Federal Meat Inspection 
Act (21 U.S.C. 601 et seq.). 
(2) MEAT FOOD PRODUCT.—The term ‘‘meat 
food product’’ has the meaning given the term in 
section 1 of the Federal Meat Inspection Act (21 
U.S.C. 601). 
(3) POULTRY; POULTRY PRODUCT.—The terms 
‘‘poultry’’ and ‘‘poultry product’’ have the meanings 
given those terms in section 4 of the Poultry Prod-
ucts Inspection Act (21 U.S.C. 453). 
(4) PROCESSED FOOD.—The term ‘‘processed 
food’’ has the meaning given the term in section 201 
of the Federal Food, Drug, and Cosmetic Act (21 
U.S.C. 321). 
SEC. 102. FOOD WORKER PAY INCREASE. 
(a) PREVAILING RATE.—The Secretary of Agri-
culture may not purchase any meat, meat food product, 
poultry, poultry product, or processed food produced by 
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workers in the United States who are compensated at a 
rate lower than the prevailing rate for wages and fringe 
benefits for such workers in their locality. 
(b) PREVAILING RATE DETERMINATION.—The Sec-
retary of Labor shall determine the prevailing rates de-
scribed in subsection (a) and, in determining such rates, 
shall take into account any applicable existing collective 
bargaining agreements in the locality. 
(c) COLLECTIVE BARGAINING AGREEMENT SUPREM-
ACY.—A prevailing rate established pursuant to this sec-
tion shall not supersede the wages and benefits of a worker 
agreed to in a collective bargaining agreement. 
SEC. 103. PROHIBITION ON STOCK BUYBACKS WHILE RE-
CEIVING USDA FUNDS. 
(a) DEFINITIONS.—In this section: 
(1) EQUITY SECURITY; EXCHANGE; ISSUER.— 
The terms ‘‘equity security’’, ‘‘exchange’’, and 
‘‘issuer’’ have the meanings given the terms in sec-
tion 3 of the Securities Exchange Act of 1934 (15 
U.S.C. 78c). 
(2) NATIONAL
SECURITY
EXCHANGE.—The 
term ‘‘national securities exchange’’ means an ex-
change registered under section 6 of the Securities 
Exchange Act of 1934 (15 U.S.C. 78f). 
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(b) PROHIBITIONS.—Notwithstanding any other pro-
vision of law, during any period that an agricultural issuer 
has a contract or receives funding from the Department 
of Agriculture, the agricultural issuer may not— 
(1) purchase an equity security of the issuer or 
any parent company of the issuer on a national se-
curities exchange; or 
(2) pay dividends or other capital distributions 
on an equity security of the issuer. 
SEC. 104. PROMOTION OF ECONOMIC SECURITY AND WORK-
PLACE ACCOUNTABILITY. 
(a) REQUIRED DISCLOSURES.—The Secretary of Ag-
riculture shall require any entity that enters into a con-
tract with the Department of Agriculture on or after the 
date that is 2 years after the date of enactment of this 
Act to disclose to the Secretary of Labor, on an annual 
basis and to the best of the knowledge of the entity, wheth-
er, within the preceding 3-year period, any administrative 
merits determination, arbitral award or decision, or civil 
judgment, as defined in regulations issued by the Sec-
retary of Labor, has been issued against the entity, or any 
subcontractor of the entity, for violations of any of the 
following (including, as applicable, any regulations issued 
under any of the following): 
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(1) The Fair Labor Standards Act of 1938 (29 
U.S.C. 201 et seq.). 
(2) The Occupational Safety and Health Act of 
1970 (29 U.S.C. 651 et seq.). 
(3) The National Labor Relations Act (29 
U.S.C. 151 et seq.). 
(4) Subchapter IV of chapter 31 of title 40, 
United States Code (commonly known as the 
‘‘Davis-Bacon Act’’). 
(5) Chapter 67 of title 41, United States Code 
(commonly known as the ‘‘Service Contract Act’’). 
(6) Executive Order 11246 (42 U.S.C. 2000e 
note; relating to equal employment opportunity). 
(7) Section 503 of the Rehabilitation Act of 
1973 (29 U.S.C. 793). 
(8) Section 4212 of title 38, United States 
Code. 
(9) The Family and Medical Leave Act of 1993 
(29 U.S.C. 2601 et seq.). 
(10) Title VII of the Civil Rights Act of 1964 
(42 U.S.C. 2000e et seq.). 
(11) Title I of the Americans with Disabilities 
Act of 1990 (42 U.S.C. 12111 et seq.). 
(12) The Age Discrimination in Employment 
Act of 1967 (29 U.S.C. 621 et seq.). 
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(13) Executive Order 13658 (79 Fed. Reg. 
9851; relating to establishing a minimum wage for 
contractors). 
(14) The Railway Labor Act (45 U.S.C. 151 et 
seq.). 
(15) The Pregnant Workers Fairness Act (divi-
sion II of the Consolidated Appropriations Act, 2023 
(Public Law 117–328)). 
(16) Section 4714 of title 41, United States 
Code. 
(17) Part 170 of title 40, Code of Federal Reg-
ulations (regarding the Worker Protection Stand-
ard). 
(18) Section 218 of the Immigration and Na-
tionality Act (8 U.S.C. 1188) relating to protections 
for H–2A workers. 
(19) Section 274B of such Act (8 U.S.C. 
1324b). 
(20) Migrant and Seasonal Agricultural Worker 
Protection Act (29 U.S.C. 1801 et seq.). 
(21) Any applicable State or local labor or em-
ployment law, as defined in regulations issued by the 
Secretary of Labor. 
(b) CONSULTATION.—The Secretary of Labor shall 
be available, as appropriate and in coordination as de-
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scribed in subsection (e), for consultation with an entity 
described in subsection (a) to assist the entity in evalu-
ating the information on labor compliance submitted to 
the entity by a subcontractor pursuant to such subsection. 
(c) CORRECTIVE MEASURES.—On an annual basis, 
the Secretary of Labor— 
(1) shall provide an entity that makes a disclo-
sure pursuant to subsection (a) an opportunity to re-
port any steps taken by the entity, or any subcon-
tractor of the entity, to correct violations of or im-
prove compliance with the laws, including Executive 
orders, listed in such subsection, including any 
agreements entered into with an enforcement agen-
cy; and 
(2) may negotiate with such entity corrective 
measures that the entity or any subcontractor of the 
entity may take in order to avoid having the entity 
placed on the list under subsection (d). 
(d) LIST OF INELIGIBLE ENTITIES.— 
(1) IN GENERAL.—For each calendar year be-
ginning with the first calendar year that begins after 
the date that is 2 years after the date of enactment 
of this Act, the Secretary of Labor, in coordination 
as described in subsection (e), shall prepare, and 
submit to the Secretary of Agriculture, a list of each 
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entity that shall be ineligible for a contract with the 
Department of Agriculture for that year based on— 
(A) serious, repeated, or pervasive viola-
tions of the laws, including Executive orders, 
listed under subsection (a) committed by the 
entity or any subcontractor of the entity; or 
(B) the failure of such entity, or any sub-
contractor of such entity, to complete any cor-
rective measure negotiated under subsection (c). 
(2) INELIGIBILITY.—The Secretary of Agri-
culture shall not— 
(A) solicit a contract from any entity on 
the list under paragraph (1) that is in effect for 
a year for that year or any of the subsequent 
4 years; and 
(B) conduct an inspection pursuant to the 
Federal Meat Inspection Act (21 U.S.C. 601 et 
seq.) or the Poultry Products Inspection Act 
(21 U.S.C. 451 et seq.), as applicable, of any 
facility owned or controlled by an entity on the 
list under paragraph (1) that is in effect for a 
year for that year or for any of the subsequent 
4 years. 
(e) COORDINATION.—In providing the consultation 
described in subsection (b) and preparing the list under 
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subsection (d), the Secretary of Labor shall coordinate, 
as appropriate, with the National Labor Relations Board, 
the Equal Employment Opportunity Commission, the En-
vironmental Protection Agency, and any other relevant 
Federal agency as well as States, and local governments. 
(f) CRIMINAL PENALTY FOR FAILURE TO REPORT.— 
(1) OFFENSE.—It shall be unlawful for an enti-
ty to knowingly fail to make a disclosure required 
under subsection (a). 
(2) PENALTY.— 
(A) IN
GENERAL.—A violation of para-
graph (1) shall be treated as a violation of sec-
tion 1031(a) of title 18, United States Code. 
(B) GROSS LOSS TO GOVERNMENT; GROSS 
GAIN TO DEFENDANT.—For purposes of apply-
ing section 1031 of title 18, United States 
Code, to a violation of paragraph (1) of this 
subsection, the amount that the Department of 
Agriculture pays an entity that violates such 
paragraph (1) under a contract described in 
subsection (a) of this section shall be treated as 
the gross loss to the Government or the gross 
gain to the defendant. 
(g) ANNUAL REPORTS TO CONGRESS.—For each cal-
endar year beginning with the first calendar year that be-
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gins after the date that is 2 years after the date of enact-
ment of this Act, the Secretary of Agriculture shall submit 
a report to the Committee on Agriculture, Nutrition, and 
Forestry of the Senate and the Committee on Agriculture 
of the House of Representatives that includes— 
(1) the number of entities on the list under sub-
section (d) for the year of the report; 
(2) the number of entities that agreed to take 
corrective measures under subsection (c) for such 
year; 
(3) the amount of the applicable contracts for 
the entities described in paragraph (1) or (2); and 
(4) performance indicators and measures, as 
determined by the Secretary of Agriculture, assess-
ing the effectiveness of the implementation by the 
Secretary of Agriculture of this section for such 
year. 
SEC. 105. WAIVER TO PURCHASE FOREIGN COMMODITIES 
OR PRODUCTS. 
(a) IN GENERAL.—Section 12(n)(2) of the Richard 
B. Russell National School Lunch Act (42 U.S.C. 
1760(n)(2)) is amended— 
(1) in subparagraph (A), by striking ‘‘subpara-
graph (B)’’ and inserting ‘‘subparagraphs (B) and 
(C)’’; 
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(2) in subparagraph (B)(ii), by striking ‘‘for the 
school lunch program under this Act or the school 
breakfast program under section 4 of the Child Nu-
trition Act of 1966 (42 U.S.C. 1773).’’ and inserting 
the following: ‘‘for— 
‘‘(I) the school lunch program 
under this Act, including any snacks 
served under that program; 
‘‘(II) the special milk program 
under section 3 of the Child Nutrition 
Act of 1966 (42 U.S.C. 1772); or 
‘‘(III) the school breakfast pro-
gram under section 4 of the Child Nu-
trition Act of 1966 (42 U.S.C. 
1773).’’; and 
(3) by adding at the end the following: 
‘‘(C) WAIVER.— 
‘‘(i) WAIVER
REQUEST.—Except as 
provided in clause (ii), in order to purchase 
foreign commodities or products, a school 
food authority shall request from the Sec-
retary a waiver of subparagraph (A). 
‘‘(ii) EXCEPTION.—A school food au-
thority may purchase foreign commodities 
or products without a waiver under clause 
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(i) if the commodities or products are 
not— 
‘‘(I) produced domestically; or 
‘‘(II) available domestically. 
‘‘(iii) 
REQUIREMENTS.—The 
Sec-
retary may not provide a waiver to pur-
chase foreign commodities or products 
under clause (i) unless— 
‘‘(I) the commodities or prod-
ucts— 
‘‘(aa) are not produced do-
mestically in sufficient amounts 
or of satisfactory quality; and 
‘‘(bb) if purchased domesti-
cally, would be significantly high-
er in price than such foreign 
commodities or products; and 
‘‘(II) the school enters into an 
agreement under clause (iv). 
‘‘(iv) AGREEMENT.—The Secretary 
may not provide a waiver under clause (i) 
unless the school food authority requesting 
the waiver agrees— 
‘‘(I) not later than 30 days after 
receiving the waiver, to make the 
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waiver 
publicly 
available 
on 
the 
website of the school food authority; 
and 
‘‘(II) not less than once each 
school year, to email a notification of 
all waivers to parents or guardians of 
students who will be served the for-
eign commodity or product purchased 
pursuant to any waivers.’’. 
(b) DEFINITION OF FOREIGN COMMODITY.—Section 
12(n) of the Richard B. Russell National School Lunch 
Act (42 U.S.C. 1760(n)) is amended by striking para-
graph (1) and inserting the following: 
‘‘(1) DEFINITIONS.—In this subsection: 
‘‘(A) DOMESTIC
COMMODITY
OR
PROD-
UCT.—The term ‘domestic commodity or prod-
uct’ means— 
‘‘(i) an agricultural commodity that is 
produced in the United States; and 
‘‘(ii) a food product that is processed 
in the United States substantially using 
agricultural commodities that are produced 
in the United States. 
‘‘(B) FOREIGN
COMMODITY
OR
PROD-
UCT.—The term ‘foreign commodity or product’ 
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means a commodity or product other than a do-
mestic commodity or product.’’. 
(c) CONFORMING AMENDMENTS.—Section 12(n) of 
the Richard B. Russell National School Lunch Act (42 
U.S.C. 1760(n)) is amended— 
(1) in paragraph (3), by striking ‘‘Paragraph 
(2)(A)’’ and inserting ‘‘Subparagraphs (A) and (C) 
of paragraph (2)’’; and 
(2) in paragraph (4), by striking ‘‘Paragraph 
(2)(A)’’ and inserting ‘‘Subparagraphs (A) and (C) 
of paragraph (2)’’. 
(d) RULE OF CONSTRUCTION.—Nothing in this sec-
tion or the amendments made by this section affects the 
requirements under section 4207 of the Agriculture Im-
provement Act of 2018 (42 U.S.C. 1760 note; Public Law 
115–334). 
SEC. 106. AUTHORIZATION OF LOCAL FOOD PURCHASE AS-
SISTANCE COOPERATIVE AGREEMENT PRO-
GRAM. 
There is authorized to be appropriated to carry out 
the local food purchase assistance cooperative agreement 
program established pursuant to section 1001 of the 
American Rescue Plan Act of 2021 (7 U.S.C. 7501 note; 
Public Law 117–2) $400,000,000 for fiscal year 2024 and 
each fiscal year thereafter. 
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SEC. 107. REPORT REGARDING GRANT RECIPIENTS. 
Not later than 180 days after the date of enactment 
of this Act and annually thereafter, the Secretary of Agri-
culture shall submit to Congress and make publicly avail-
able on the website of the Department of Agriculture an 
easily-navigable report that, with respect to the preceding 
year, specifies each organization, farm, individual, or other 
entity that received funding (including through a contract, 
subcontract, subsidy, loan, or grant) from the Secretary 
of Agriculture during that year. 
TITLE 
II—PROTECTING 
AMER-
ICA’S MEATPACKING WORK-
ERS 
SEC. 201. 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; 
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(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; and 
(5) 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 
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(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 
being reported to immigration en-
forcement; and 
(B) that lead to long-term psychological 
impacts, including increased feelings of anger 
and stress by workers pressured to work faster 
and more aggressively to slaughter animals on 
killing lines. 
SEC. 202. DEFINITIONS. 
In this title: 
(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-
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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(b) of title 9, Code of Federal 
Regulations (or successor regulations)) that is 
subject to inspection under the Poultry Prod-
ucts Inspection Act (21 U.S.C. 451 et seq.). 
(2) 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). 
Subtitle 
A—Reforms 
to 
Protect 
Meat and Poultry Processing 
Workers 
PART I—DEPARTMENT OF AGRICULTURE 
SEC. 211. RULE ON INCREASED LINE SPEEDS AT MEAT AND 
POULTRY ESTABLISHMENTS. 
(a) DEFINITIONS.—In this section: 
(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. 
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(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 under those regulations relating 
to line speeds that would result in higher line speeds 
at a covered establishment or inspection staffing re-
quirements 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 
(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. 
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(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 the disorders re-
ferred to in subparagraph (B), including a re-
view of how medical personnel at the covered 
establishment manage those disorders; 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 
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 on or after the date of enactment of this 
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Act may be used to develop, propose, finalize, issue, 
amend, or implement any policy, regulation, direc-
tive, constituent update, or any other agency pro-
gram that would increase line speeds at covered es-
tablishments. 
(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-
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 
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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 rulemaking or policy, the 
Secretary shall request that the Director conduct an eval-
uation 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 
(3) whether, and the extent to which, the policy 
proposals will impact worker safety. 
(e) REPORT ON IMPLEMENTATION OF RULES.— 
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(1) IN GENERAL.—Not later than 1 year after 
the implementation of any rule relating to line 
speeds at covered establishments, the Secretary shall 
submit to Congress a report on the impact of the 
rule on— 
(A) line speeds at covered establishments; 
(B) worker safety and health at covered es-
tablishments; 
(C) ergonomic aspects of jobs at covered 
establishments; and 
(D) staffing levels that will ensure worker 
safety at covered establishments. 
(2) REQUIREMENT.—A report under paragraph 
(1) shall include— 
(A) the results of a study carried out by an 
industrial engineer on every type of job at cov-
ered establishments impacted by the applicable 
rule; 
(B) a determination of the industrial engi-
neer of the number of workers needed— 
(i) to do each job safely; and 
(ii) to operate the covered establish-
ment at different line speeds; and 
(C) a job crewing report prepared by the 
industrial engineer. 
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PART II—FAIR ATTENDANCE POLICIES 
SEC. 221. DEFINITIONS. 
In this part: 
(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. 222. 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 (and be made available in the pri-
mary language of such employee)— 
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leave, including the Americans with Disabilities Act 
of 1990 (42 U.S.C. 12101 et seq.), the Family and 
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-
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cising, or attempting to exercise, any right to legally pro-
tected leave. 
SEC. 223. 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 part provides to any person 
alleging an unlawful employment practice described in sec-
tion 222. 
(b) PENALTIES.—Any covered entity that commits an 
unlawful employment practice described in section 222 
shall be subject to a civil penalty not to exceed the 
amounts under section 17(a) of the Occupational Safety 
and Health Act of 1970 (29 U.S.C. 666(a)), as adjusted 
annually for inflation. The Secretary may bring any legal 
action necessary, including administrative action, to collect 
such penalties. 
SEC. 224. 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 
part. Such regulations shall provide an example of a model 
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no fault attendance policy that conforms to the require-
ments of this part. 
SEC. 225. RELATIONSHIP TO OTHER LAWS. 
Nothing in this part shall be construed to invalidate 
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 legally protected 
leave. 
PART III—OCCUPATIONAL SAFETY AND HEALTH 
ADMINISTRATION REFORMS 
SEC. 231. DEFINITIONS. 
In this part, 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. 
232. 
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 
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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)(i): Toilet Facilities’’ 
issued by the Occupational Safety and Health Administra-
tion on April 6, 1998, and any successor regulation. 
(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 
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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. 
SEC. 233. 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-
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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 
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.— 
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(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 
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-
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gram, or ergonomics program of the em-
ployer; 
(ii) review of any work-related injury 
or illness of an employee; 
(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) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated $2,000,000 for fiscal 
year 2024 to carry out this section. 
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SEC. 234. 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 in which a cov-
ered 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 
a covered establishment is located a regional empha-
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sis 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.—If the Secretary conducts a 
physical inspection of a covered establishment pursu-
ant to section 8 of such Act in response to a refer-
ral, complaint, or fatality, and the Secretary, during 
such inspection makes a determination described in 
paragraph (2), the Secretary shall expand such in-
spection 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. 
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SEC. 235. 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 
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). 
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SEC. 236. 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’’; 
(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 this 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, 
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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 
(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 202 of the Agricultural 
Worker Justice Act.’’; and 
(2) by adding at the end the following: 
‘‘(d) MEAT AND POULTRY ESTABLISHMENTS.— 
‘‘(1) DEFINITIONS.—In this subsection: 
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‘‘(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 202 
of the Agricultural Worker Justice Act. 
‘‘(D) RESPONDENT.—The term ‘respond-
ent’ means a respondent who is a covered em-
ployer. 
‘‘(2) REASONABLE APPREHENSION.—No person 
shall discharge, 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 perform the covered 
employee’s duties if— 
‘‘(A) the covered employee has a reason-
able apprehension that performing such duties 
would result in serious injury to, or serious im-
pairment of the health of, the covered employee 
or other covered employees; and 
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‘‘(B) when practicable, the covered em-
ployee has communicated or attempted to com-
municate such reasonable apprehension to the 
covered employer and has not received from the 
covered employer a response reasonably cal-
culated to allay such apprehension. 
‘‘(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. 
‘‘(B) 
REPEAT
VIOLATION.—Except 
in 
cases when the covered employee has been dis-
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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 
witnesses or provide evidence; 
and 
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‘‘(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-
able cause to believe that a violation of subsection 
(c)(1) or paragraph (2) of this subsection has oc-
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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 
the Secretary under paragraph (5)(A); 
or 
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‘‘(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 
the production of any evidence (including 
any books, papers, documents, or record-
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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-
spondent may file, with objections, an adminis-
trative appeal with an administrative review 
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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. 
‘‘(9) SETTLEMENT
IN
THE
ADMINISTRATIVE 
PROCESS.— 
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‘‘(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 
90-day time period required under para-
graph (7)(B)(iii); or 
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‘‘(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, 
with respect to which such final decision and 
order was issued, allegedly occurred or where 
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