,,ii #aahth ,,congress #ast ,session ,s4 #bgj ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,february #b1 #bjbc,mr4 ,booker 7for himself1 ,mrs4 ,gillibrand1 ,mr4 ,blumenthal1 ,mr4 ,sanders1 ,ms4 ,warren1 and ,mr4 ,schatz7 introduced the following bill2 which was read twice and referred to the ,committee on ,agriculture1 ,nutrition1 and ,forestry ,a ,,bill ,to improve protections for meatpacking workers1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,protecting ,america's ,meatpacking ,workers ,act of #bjbc4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,sec4 #b4 ,findings4,sec4 #c4 ,definitions4,,title ,i--,reforms to protect meat and poultry processing workers,subtitle ,a--,department of ,agriculture,sec4 #aja4 ,rule on increased line speeds at meat and poultry establishments4,subtitle ,b--,fair attendance policies,sec4 #aaa4 ,definitions4,sec4 #aab4 ,requirements for employers relating to no fault attendance policies or attendance systems4,sec4 #aac4 ,enforcement authority4,sec4 #aad4 ,regulations4,sec4 #aae4 ,relationship to other laws4,sec4 #aaf4 ,waiver of ,state immunity4,sec4 #aag4 ,severability4,subtitle ,c--,occupational ,safety and ,health ,administration ,reforms,sec4 #aba4 ,definitions4,sec4 #abb4 ,ensuring compliance with employee rights to use toilet facilities at covered establishments4,sec4 #abc4 ,occupational safety and health standards to protect employees in covered establishments4,sec4 #abd4 ,permanent regional emphasis inspection program2 expanding inspections4,sec4 #abe4 ,representatives during physical inspections4,sec4 #abf4 ,enhanced protections from retaliation4,sec4 #abg4 ,regulations to restore a column on required records of work-related musculoskeletal disorders4,sec4 #abh4 ,funding for additional ,,osha inspectors4,sec4 #abi4 ,,osha reporting4,sec4 #acj4 ,private right of action4,sec4 #aca4 ,injunction proceedings4,subtitle ,d--,savings provision,sec4 #acf4 ,savings provision4,,title ,,ii--,farm system reforms,sec4 #bja4 ,expanded meat and poultry processing grants4,sec4 #bjb4 ,local ,agriculture ,market ,program4,sec4 #bjc4 ,restoration of mandatory country of origin labeling for beef and pork2 inclusion of dairy products4,sec4 #bjd4 ,definitions in ,packers and ,stockyards ,act1 #aiba4,sec4 #bje4 ,unlawful practices4,sec4 #bjf4 ,spot market purchases of livestock by packers4,sec4 #bjg4 ,investigation of live poultry dealers4,sec4 #bjh4 ,award of attorney fees4,sec4 #bji4 ,technical amendments4,,title ,,iii--,,gao reports,sec4 #cja4 ,review and report on fragility and national security in the food system4,sec4 #cjb4 ,review and report on racial and ethnic disparities in meat and poultry processing4,sec4 #cjc4 ,,gao report on line speeds4 #b4 ,findings ,congress finds that-- 7#a7 meat and poultry slaughter and processing is a particularly dangerous occupation1 with meat and poultry processing workers suffering injuries at measurably higher rates than workers in other private sector industries2 7#b7 meat and poultry processing workers face double the rate of amputations as the average worker in private industry1 and injuries such as sprains1 lacerations1 and contusions are common among poultry workers2 7#c7 meat and poultry processing workers suffer from musculoskeletal injuries1 such as carpal tunnel syndrome1 trigger finger1 tendinitis1 rotator cuff injuries1 lower back injuries1 and chronic pain and numbness1 in numbers that can exceed #ej percent of workers2 7#d7 higher line speeds in meat and poultry processing facilities is a recognized risk factor that leads to increased risk of both laceration and musculoskeletal injuries2 7#e7 meat and poultry processing work was and continues to be particularly dangerous during the ,coronavirus ,disease #bjai 7,,covid-#ai7 pandemic due to1 among other factors-- 7,a7 the easily transmissible nature of the virus via aerosol and droplet2 7,b7 the close proximity of meat processing workers2 7,c7 cold conditions inside meat processing facilities2 and 7,d7 the pace and physical rigor of meat and poultry processing work2 7#f7 during the ,,covid-#ai pandemic1 covered establishments have implemented policies and procedures that have-- 7,a7 increased workers' risk of exposure to ,,sars-,co,v-#b2 7,b7 prioritized processing rates over worker health and welfare2 and 7,c7 caused a disparate adverse impact on ,asian1 ,black1 and ,latino workers in the meat and poultry processing industry2 7#g7 enforcement of requirements of the ,occupational ,safety and ,health ,administration in the meat and poultry processing industry has been fundamentally inadequate1 especially during the ,,covid-#ai pandemic2 and 7#h7 meat and poultry processing workers are subjected to exploitative conditions and abusive behavior by employers-- 7,a7 including-- 7i7 use of abusive and humiliating shouting by supervisors accusing workers of not working fast enough and harassing them to work faster and harder2 7ii7 use of sexualized language to harass women workers to work harder and faster2 7iii7 patterns of direct sexual harassment and incidents of sexual assault2 and 7iv7 little or no accountability or redress for emotional1 sexualized1 or psychological abuse due to-- 7,i7 weak enforcement of1 and noncompliance with1 discrimination protections2 and 7,,ii7 meat and poultry processing workers not reporting the abuse due to fear of receiving more abuse1 having their employment terminated1 or being reported to immigration enforcement2 and 7,b7 that lead to long-term psychological impacts1 including-- 7i7 increased feelings of anger and stress by workers pressured to work faster and more aggressively to slaughter animals on killing lines2 and 7ii7 episodes of panic and fear by workers who were required to continue working during ,,covid-#ai outbreaks4 #c4 ,definitions ,in this ,act3 7#a7 ,covered establishment ,the term covered establishment means-- 7,a7 an official establishment 7as defined in section #cja4b of title #i1 ,code of ,federal ,regulations 7or successor regulations77 that is subject to inspection under the ,federal ,meat ,inspection ,act 7#ba ,u4,s4,c4 #fja et seq472 and 7,b7 an official establishment 7as defined in section #cha4a of title #i1 ,code of ,federal ,regulations 7or successor regulations77 that is subject to inspection under the ,poultry ,products ,inspection ,act 7#ba ,u4,s4,c4 #dea et seq474 7#b7 ,covered period ,the term covered period means the period beginning on the date of enactment of this ,act and ending on the date that is #ij days after the date on which the ,,covid-#ai emergency is lifted4 7#c7 ,,covid-#ai emergency ,the term ,,covid-#ai emergency means the public health emergency declared by the ,secretary of ,health and ,human ,services under section #cai of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bdg;d7 on ,january #ca1 #bjbj1 with respect to ,,covid-#ai4 7#d7 ,employee2 employer ,unless otherwise specified1 the terms employee and employer have the meanings given those terms in section #c of the ,occupational ,safety and ,health ,act of #aigj 7#bi ,u4,s4,c4 #feb74 ,i ,reforms to protect meat and poultry processing workers ,a ,department of ,agriculture #aja4 ,rule on increased line speeds at meat and poultry establishments 7a7 ,definitions ,in this section3 7#a7 ,administrator ,the term ,administrator means the ,administrator of the ,service4 7#b7 ,assistant ,secretary ,the term ,assistant ,secretary means the ,assistant ,secretary of ,labor for ,occupational ,safety and ,health4 7#c7 ,director ,the term ,director means the ,director of the ,national ,institute for ,occupational ,safety and ,health4 7#d7 ,secretary ,the term ,secretary means the ,secretary of ,agriculture4 7#e7 ,service ,the term ,service means the ,food ,safety ,inspection ,service4 7b7 ,rule on waivers 7#a7 ,in general ,notwithstanding any other provision of law 7including regulations1 including sections #cjc4a7;h7 and #cha4c7;b7 of title #i1 ,code of ,federal ,regulations 7or successor regulations771 the ,secretary1 acting through the ,administrator1 shall not issue a waiver relating to line speeds at a covered establishment or inspection staffing requirements for a covered establishment unless the covered establishment-- 7,a7 agrees to an inspection conducted by the ,assistant ,secretary or the ,director for the purposes of the waiver2 and 7,b7 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 safety4 7#b7 ,inspections ,an inspection conducted by the ,assistant ,secretary or the ,director under paragraph 7#a77;,a7 shall include-- 7,a7 an ergonomic analysis of all jobs in the applicable covered establishment that may experience an increased work pace due to increasing the number of animals being slaughtered-- 7i7 per minute2 and 7ii7 per hour2 7,b7 an assessment of the current rates of musculoskeletal disorders in the covered establishment2 7,c7 a review of current efforts at the covered establishment to mitigate those disorders1 including a review of how medical personnel at the covered establishment manage those disorders2 and 7,d7 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 7including the workers that package the meat74 7#c7 ,limitation on authority over line speeds ,none of the funds made available to the ,secretary during the covered period may be used to develop1 propose1 finalize1 issue1 amend1 or implement any policy1 regulation1 directive1 constituent update1 or any other agency program that would increase line speeds at covered establishments4 7#d7 ,effect on ,state law 7,a7 ,in general ,this subsection shall not preempt or limit any law or regulation of a ,state or a political subdivision of a ,state that-- 7i7 imposes requirements that are more protective of worker safety or animal welfare than the requirements of this subsection2 or 7ii7 creates penalties for conduct regulated by this subsection4 7,b7 ,other laws ,the requirements of this subsection are in addition to1 and not in lieu of1 any other laws protecting worker safety and animal welfare4 7c7 ,transparency in rulemaking ,with respect to each rulemaking proceeding initiated by the ,administrator on or after the date of enactment of this ,act1 the ,administrator shall comply with-- 7#a7 the data quality guidelines of the ,service1 which state that the ,service and the offices of the ,service are held to a standard of transparency to ensure that the information shared by the ,service is presented in an accurate1 reliable1 and unbiased manner2 and 7#b7 ,executive ,order #acefc 7#e ,u4,s4,c4 #fja note2 relating to improving regulation and regulatory review71 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 rulemaking4 7d7 ,evaluation of rulemaking and policies ,in evaluating the impact of any future rulemaking or policy1 the ,secretary shall request that the ,director conduct an evaluation of the rulemaking or policy that includes a review of-- 7#a7 current safety conditions and injuries and illnesses at the applicable covered establishments1 including medical exams and medical histories2 7#b7 whether the policy proposals will increase the pace of work for any employee at the applicable covered establishments2 and 7#c7 whether1 and the extent to which1 the policy proposals will impact worker safety4 7e7 ,reports 7#a7 ,report to ,congress ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary1 the ,secretary of ,labor1 and the ,secretary of ,health and ,human ,services shall each submit to the ,committee on ,agriculture1 ,nutrition1 and ,forestry and the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate and the ,committee on ,agriculture and the ,committee on ,education and ,labor of the ,house of ,representatives1 a report that-- 7,a7 describes the actions taken by that ,secretary to ensure worker1 animal1 and food safety during the ,,covid-#ai emergency2 and 7,b7 includes an analysis of the issues described in paragraphs 7#a7 through 7#ab7 of section #cjc7;b74 7#b7 ,reports on implementation of rules 7,a7 ,in general ,not later than #a year after the implementation of any rule relating to line speeds at covered establishments1 the ,secretary shall submit to ,congress a report on the impact of the rule on-- 7i7 line speeds at covered establishments2 7ii7 worker safety and health at covered establishments2 7iii7 ergonomic aspects of jobs at covered establishments2 and 7iv7 staffing levels that will ensure worker safety at covered establishments4 7,b7 ,requirement ,a report under subparagraph 7,a7 shall include-- 7i7 the results of a study carried out by an industrial engineer on every type of job at covered establishments impacted by the applicable rule2 7ii7 a determination of the industrial engineer of the number of workers needed-- 7,i7 to do each job safely2 and 7,,ii7 to operate the covered establishment at different line speeds2 and 7iii7 a job crewing report prepared by the industrial engineer4 ,b ,fair attendance policies #aaa4 ,definitions ,in this subtitle3 7#a7 ,employee ,the term employee means an individual who is-- 7,a7 7i7 an employee1 as defined in section #c7;e7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjc7;e771 who is not covered under subparagraph 7,e71 including such an employee of the ,library of ,congress1 except that a reference in such section to an employer shall be considered to be a reference to an employer described in clauses 7i77,i7 and 7ii7 of paragraph 7#b77;,a72 or 7ii7 an employee of the ,government ,accountability ,office2 7,b7 a ,state employee described in section #cjd7;a7 of the ,government ,employee ,rights ,act of #aiia 7#db ,u4,s4,c4 #bjjj;e-#af;c7a772 7,c7 a covered employee1 as defined in section #aja of the ,congressional ,accountability ,act of #aiie 7#b ,u4,s4,c4 #acja72 7,d7 a covered employee1 as defined in section #daa7;c7 of title #c1 ,united ,states ,code2 or 7,e7 a ,federal officer or employee covered under subchapter ,v of chapter #fc of title #e1 ,united ,states ,code 7without regard to the limitation in section #fcha7a77;,b7 of that title74 7#b7 ,employer 7,a7 ,in general ,the term employer means a person who is-- 7i7 7,i7 a covered employer1 as defined in subparagraph 7,b71 who is not covered under any other subclause of this clause2 7,,ii7 an entity employing a ,state employee described in section #cjd7;a7 of the ,government ,employee ,rights ,act of #aiia2 7,,iii7 an employing office1 as defined in section #aja of the ,congressional ,accountability ,act of #aiie2 7,,iv7 an employing office1 as defined in section #daa7;c7 of title #c1 ,united ,states ,code2 or 7,v7 an employing agency covered under subchapter ,v of chapter #fc of title #e1 ,united ,states ,code2 and 7ii7 engaged in commerce 7including government71 or an industry or activity affecting commerce 7including government71 as defined in subparagraph 7,b77iii74 7,b7 ,covered employer 7i7 ,in general ,in subparagraph 7,a77i77,i71 the term covered employer-- 7,i7 means any person engaged in commerce or in any industry or activity affecting commerce who employs #ae or more employees for each working day during each of #bj or more calendar workweeks in the current or preceding year2 7,,ii7 includes-- 7aa7 any person who acts1 directly or indirectly1 in the interest of an employer to any of the employees of such employer2 and 7bb7 any successor in interest of an employer2 7,,iii7 includes any public agency1 as defined in section #c7x7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjc7x772 and 7,,iv7 includes the ,government ,accountability ,office and the ,library of ,congress4 7ii7 ,public agency ,for purposes of clause 7i77,,iii71 a public agency shall be considered to be a person engaged in commerce or in an industry or activity affecting commerce4 7iii7 ,definitions ,for purposes of this subparagraph3 7,i7 ,commerce ,the terms commerce and industry or activity affecting commerce mean any activity1 business1 or industry in commerce or in which a labor dispute would hinder or obstruct commerce or the free flow of commerce1 and include commerce and any industry affecting commerce1 as defined in paragraphs 7#a7 and 7#c7 of section #eja of the ,labor ,management ,relations ,act1 #aidg 7#bi ,u4,s4,c4 #adb74 7,,ii7 ,employee ,the term employee has the meaning given such term in section #c7;e7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjc7;e774 7,c7 ,predecessors ,any reference in this paragraph to an employer shall include a reference to any predecessor of such employer4 7#c7 ,legally protected leave ,the term legally protected leave1 when used with respect to an employee1 means leave that is protected under a ,federal1 ,state1 or local law applicable to the employee4 7#d7 ,no fault attendance policy ,the term no fault attendance policy means a policy or pattern and practice maintained by an employer under which employees face consequences for any absence1 tardy1 or early departure through the assessment of points 7also referred to as demerits or occurrences7 or deductions from an allotted bank of time1 and those points or deductions subject the employee to progressive disciplinary action1 which may include failure to receive a promotion1 loss of pay1 or termination4 7#e7 ,person ,the term person has the meaning given such term in section #gja7;a7 of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;e7a774 7#f7 ,secretary ,the term ,secretary means the ,secretary of ,labor1 acting through the ,administrator of the ,wage and ,hour ,division4 #aab4 ,requirements for employers relating to no fault attendance policies or attendance systems 7a7 ,requirements for no fault attendance policy ,it shall be considered an unlawful employment practice for an employer to maintain a no fault attendance policy1 unless the employer complies with the following3 7#a7 ,the no fault attendance policy shall be distributed in writing-- 7,a7 not later than #ij days after the date of enactment of this ,act1 to all employees employed by the employer as of that date of distribution2 and 7,b7 with respect to each employee hired by the employer after such date of enactment1 upon the commencement of the employee's employment4 7#b7 ,if any changes are made to the no fault attendance policy1 the no fault attendance policy shall be distributed in writing to all employees by not later than #cj days after the date of the changes4 7#c7 ,the employer shall provide employees with a means of accessing the no fault attendance policy at any physical workplace and outside of a physical workplace4 7#d7 ,the no fault attendance policy shall explicitly state that employees will not face disciplinary action or other adverse consequences1 which may include the assessment of points or a deduction from an allotted bank of time1 for legally protected leave4 7#e7 ,the no fault attendance policy shall specifically reference and provide a reasonable amount of detail about all ,federal1 ,state1 and local laws applicable to the employees that provide legally protected leave1 including the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaja et seq471 the ,family and ,medical ,leave ,act of #aiic 7#bi ,u4,s4,c4 #bfja et seq471 and chapter #dc of title #ch1 ,united ,states ,code4 7#f7 ,the no fault attendance policy shall identify a process for employees to complete each of the following3 7,a7 ,report that an absence is for legally protected leave4 7,b7 ,provide medical documentation1 if it is required under the no fault attendance policy in order to avoid disciplinary action or other adverse consequences for legally protected leave4 7,c7 ,seek removal of points that an employee believes were wrongly assessed1 or the restoration of time that an employee believes was wrongly deducted for legally protected leave4 7,d7 ,delay the reporting of an absence in unforeseen or emergency circumstances without incurring additional points or discipline4 7b7 ,requirements for attendance systems ,it shall be an unlawful employment practice for an employer to maintain any attendance system policy1 or pattern and practice1 that discourages employees from exercising1 or attempting to exercise1 any right to legally protected leave4 7c7 ,additional prohibitions 7#a7 ,interference with rights 7,a7 ,exercise of rights ,it shall be an unlawful employment practice for any employer to interfere with1 restrain1 or deny the exercise of1 or the attempt to exercise1 any right provided under this subtitle1 including-- 7i7 discharging or discriminating against 7including retaliating against7 any individual for exercising1 or attempting to exercise1 any right provided under this subtitle2 or 7ii7 using the taking of legally protected leave as a negative factor in an employment action1 such as hiring1 promotion1 reducing hours or number of shifts1 or a disciplinary action4 7,b7 ,discrimination ,it shall be an unlawful employment practice for any employer to discharge or in any other manner discriminate against 7including retaliating against7 any individual for opposing any practice made unlawful by this subtitle4 7#b7 ,interference with proceedings or inquiries ,it shall be an unlawful employment practice for any person to discharge or in any other manner discriminate against 7including retaliating against7 any individual because such individual-- 7,a7 has filed an action1 or has instituted or caused to be instituted any proceeding1 under or related to this subtitle2 7,b7 has given1 or is about to give1 any information in connection with any inquiry or proceeding relating to any right provided under this subtitle2 or 7,c7 has testified1 or is about to testify1 in any inquiry or proceeding relating to any right provided under this subtitle4 #aac4 ,enforcement authority 7a7 ,in general 7#a7 ,definition ,in this subsection-- 7,a7 the term employee means an employee described in subparagraph 7,a7 or 7,b7 of section #aaa7a72 7,b7 the term employer means an employer described in clauses 7i77,i7 and 7ii7 of section #aaa7b77;,a7 or clauses 7i77,,ii7 and 7ii7 of such section2 and 7,c7 the term other individual affected does not include an individual covered under subsection 7b71 7c71 or 7d74 7#b7 ,investigative authority 7,a7 ,in general ,to ensure compliance with the provisions of this subtitle1 or any regulation or order issued under this subtitle1 the ,secretary shall have the investigative authority provided under section #aa7;a7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #baa7;a771 with respect to employers1 employees1 and other individuals affected4 7,b7 ,subpoena authority ,for the purposes of any investigation provided for in this paragraph1 the ,secretary shall have the subpoena authority provided for under section #i of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bji74 7#c7 ,civil action by employees or other individuals affected 7,a7 ,right of action ,an action to recover the damages or equitable relief prescribed in subparagraph 7,b7 may be maintained against any employer in any ,federal or ,state court of competent jurisdiction by one or more employees or other individuals affected or their representative for and on behalf of-- 7i7 the employees or individuals2 or 7ii7 the employees or individuals and others similarly situated4 7,b7 ,liability ,any employer who violates section #aab shall be liable to any employee or other individual affected-- 7i7 for damages equal to-- 7,i7 the amount of-- 7aa7 any wages1 salary1 employment benefits1 or other compensation denied or lost by reason of the violation2 or 7bb7 in a case in which wages1 salary1 employment benefits1 or other compensation have not been denied or lost1 any actual monetary losses sustained as a direct result of the violation up to a sum equal to #ef hours of wages or salary for the employee or individual2 7,,ii7 the interest on the amount described in subclause 7,i7 calculated at the prevailing rate2 and 7,,iii7 an additional amount as liquidated damages2 and 7ii7 for such equitable relief as may be appropriate1 including employment1 reinstatement1 and promotion4 7,c7 ,fees and costs ,the court in an action under this paragraph shall1 in addition to any judgment awarded to the plaintiff1 allow a reasonable attorney's fee1 reasonable expert witness fees1 and other costs of the action to be paid by the defendant4 7#d7 ,action by the ,secretary 7,a7 ,administrative action ,the ,secretary shall receive1 investigate1 and attempt to resolve complaints of violations of section #aab with respect to employers1 employees1 and other individuals affected in the same manner that the ,secretary receives1 investigates1 and attempts to resolve complaints of violations of sections #f and #g of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjf and #bjg74 7,b7 ,civil action ,the ,secretary may bring an action in any court of competent jurisdiction to recover the damages described in paragraph 7#c77;,b77i74 7,c7 ,sums recovered ,any sums recovered by the ,secretary pursuant to subparagraph 7,b7 shall be held in a special deposit account and shall be paid1 on order of the ,secretary1 directly to each employee or other individual affected4 ,any such sums not paid to an employee or other individual affected because of inability to do so within a period of #c years shall be deposited into the ,treasury of the ,united ,states as miscellaneous receipts4 7#e7 ,limitation 7,a7 ,in general ,except as provided in subparagraph 7,b71 an action may be brought under paragraph 7#c71 7#d71 or 7#f7 not later than #b years after the date of the last event constituting the alleged violation for which the action is brought4 7,b7 ,willful violation ,in the case of an action brought for a willful violation of section #aab1 such action may be brought not later than #c years after of the last event constituting the alleged violation for which such action is brought4 7,c7 ,commencement ,in determining when an action is commenced under paragraph 7#c71 7#d71 or 7#f7 for the purposes of this paragraph1 it shall be considered to be commenced on the date when the complaint is filed4 7#f7 ,action for injunction by ,secretary ,the district courts of the ,united ,states shall have jurisdiction1 for cause shown1 in an action brought by the ,secretary-- 7,a7 to restrain violations of section #aab1 including the restraint of any withholding of payment of wages1 salary1 employment benefits1 or other compensation1 plus interest1 found by the court to be due to employees or individuals eligible under this subtitle2 or 7,b7 to award such other equitable relief as may be appropriate1 including employment1 reinstatement1 and promotion4 7#g7 ,solicitor of ,labor ,the ,solicitor of ,labor may appear for and represent the ,secretary on any litigation brought under paragraph 7#d7 or 7#f74 7#h7 ,government ,accountability ,office and ,library of ,congress ,notwithstanding any other provision of this subsection1 in the case of the ,government ,accountability ,office and the ,library of ,congress1 the authority of the ,secretary of ,labor under this subsection shall be exercised respectively by the ,comptroller ,general of the ,united ,states and the ,librarian of ,congress4 7b7 ,employees covered by ,congressional ,accountability ,act of #aiie ,the powers1 remedies1 and procedures provided in the ,congressional ,accountability ,act of #aiie 7#b ,u4,s4,c4 #acja et seq47 to the ,board 7as defined in section #aja of that ,act 7#b ,u4,s4,c4 #acja771 or any person1 alleging a violation of section #bjb7;a77#a7 of that ,act 7#b ,u4,s4,c4 #acab7;a77#a77 shall be the powers1 remedies1 and procedures this subtitle provides to that ,board1 or any person1 alleging an unlawful employment practice in violation of this subtitle against an employee described in section #aaa7a77;,c7 or other individual affected by an employer described in clauses 7i77,,iii7 and 7ii7 of section #aaa7b77;,a74 7c7 ,employees covered by chapter #e of title #c1 ,united ,states ,code ,the powers1 remedies1 and procedures provided in chapter #e of title #c1 ,united ,states ,code1 to the ,president1 the ,merit ,systems ,protection ,board1 or any person1 alleging a violation of section #dab7;a77#a7 of that title1 shall be the powers1 remedies1 and procedures this subtitle provides to the ,president1 that ,board1 or any person1 respectively1 alleging an unlawful employment practice in violation of this subtitle against an employee described in section #aaa7a77;,d7 or other individual affected by an employer described in clauses 7i77,,iv7 and 7ii7 of section #aaa7b77;,a74 7d7 ,employees covered by chapter #fc of title #e1 ,united ,states ,code ,the powers1 remedies1 and procedures provided in title #e1 ,united ,states ,code1 to an employing agency1 provided in chapter #ab of that title to the ,merit ,systems ,protection ,board1 or provided in that title to any person1 alleging a violation of chapter #fc of that title1 shall be the powers1 remedies1 and procedures this subtitle provides to that agency1 that ,board1 or any person1 respectively1 alleging an unlawful employment practice in violation of this subtitle against an employee described in section #aaa7a77;,e7 or other individual affected by an employer described in clauses 7i77,v7 and 7ii7 of section #aaa7b77;,a74 #aad4 ,regulations 7a7 ,in general 7#a7 ,authority ,except as provided in paragraph 7#b71 not later than #ahj days after the date of enactment of this ,act1 the ,secretary1 in coordination with the ,equal ,employment ,opportunity ,commission and the heads of other relevant ,federal agencies1 shall prescribe such regulations as are necessary to carry out this subtitle with respect to employees described in subparagraph 7,a7 or 7,b7 of section #aaa7a7 and other individuals affected by employers described in clauses 7i77,i7 and 7ii7 of section #aaa7b77;,a7 or clauses 7i77,,ii7 and 7ii7 of such section4 7#b7 ,government ,accountability ,office2 ,library of ,congress ,the ,comptroller ,general of the ,united ,states and the ,librarian of ,congress shall prescribe the regulations with respect to employees of the ,government ,accountability ,office and the ,library of ,congress1 respectively1 and other individuals affected by the ,comptroller ,general of the ,united ,states and the ,librarian of ,congress1 respectively4 7b7 ,employees covered by ,congressional ,accountability ,act of #aiie 7#a7 ,authority ,not later than #ij days after the ,secretary prescribes regulations under subsection 7a71 the ,board of ,directors of the ,office of ,compliance shall prescribe 7in accordance with section #cjd of the ,congressional ,accountability ,act of #aiie 7#b ,u4,s4,c4 #achd77 such regulations as are necessary to carry out this subtitle with respect to employees described in section #aaa7a77;,c7 and other individuals affected by employers described in clauses 7i77,,iii7 and 7ii7 of section #aaa7b77;,a74 7#b7 ,agency regulations ,the regulations prescribed under paragraph 7#a7 shall be the same as substantive regulations promulgated by the ,secretary to carry out this subtitle except insofar as the ,board may determine1 for good cause shown and stated together with the regulations prescribed under paragraph 7#a71 that a modification of such regulations would be more effective for the implementation of the rights and protections involved under this section4 7c7 ,employees covered by chapter #e of title #c1 ,united ,states ,code 7#a7 ,authority ,not later than #ij days after the ,secretary prescribes regulations under subsection 7a71 the ,president 7or the designee of the ,president7 shall prescribe such regulations as are necessary to carry out this subtitle with respect to employees described in section #aaa7a77;,d7 and other individuals affected by employers described in clauses 7i77,,iv7 and 7ii7 of section #aaa7b77;,a74 7#b7 ,agency regulations ,the regulations prescribed under paragraph 7#a7 shall be the same as substantive regulations promulgated by the ,secretary to carry out this subtitle except insofar as the ,president 7or designee7 may determine1 for good cause shown and stated together with the regulations prescribed under paragraph 7#a71 that a modification of such regulations would be more effective for the implementation of the rights and protections involved under this section4 7d7 ,employees covered by chapter #fc of title #e1 ,united ,states ,code 7#a7 ,authority ,not later than #ij days after the ,secretary prescribes regulations under subsection 7a71 the ,director of the ,office of ,personnel ,management shall prescribe such regulations as are necessary to carry out this subtitle with respect to employees described in section #aaa7a77;,e7 and other individuals affected by employers described in clauses 7i77,v7 and 7ii7 of section #aaa7b77;,a74 7#b7 ,agency regulations ,the regulations prescribed under paragraph 7#a7 shall be the same as substantive regulations promulgated by the ,secretary to carry out this subtitle except insofar as the ,director may determine1 for good cause shown and stated together with the regulations prescribed under paragraph 7#a71 that a modification of such regulations would be more effective for the implementation of the rights and protections involved under this section4 7e7 ,requirements for all regulations ,all regulations prescribed under this section shall-- 7#a7 be issued in an accessible format in accordance with subchapter ,,ii of chapter #e of title #e1 ,united ,states ,code2 and 7#b7 provide an example of a model no fault attendance policy that conforms to the requirements of this subtitle4 #aae4 ,relationship to other laws ,nothing in this subtitle shall be construed to invalidate or limit the powers1 remedies1 and procedures under any ,federal law or law of any ,state or political subdivision of any ,state or jurisdiction that provide leave rights1 whether paid or unpaid 7such as sick time1 family or medical leave1 and time off as an accommodation74 #aaf4 ,waiver of ,state immunity ,a ,state shall not be immune under the #aath ,amendment to the ,constitution of the ,united ,states from an action in a ,federal or ,state court of competent jurisdiction for a violation of this subtitle4 ,in any action against a ,state for a violation of this subtitle1 remedies 7including remedies both at law and in equity7 are available for such a violation to the same extent as such remedies are available for such a violation in an action against any public or private entity other than a ,state4 #aag4 ,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 unconstitutional1 the remainder of this subtitle and the application of that provision to other persons or circumstances shall not be affected4 ,c ,occupational ,safety and ,health ,administration ,reforms #aba4 ,definitions ,in this title1 the terms ,secretary and ,state have the meanings given such terms in section #c of the ,occupational ,safety and ,health ,act of #aigj 7#bi ,u4,s4,c4 #feb74 #abb4 ,ensuring compliance with employee rights to use toilet facilities at covered establishments 7a7 ,in general ,during any inspection of a covered establishment conducted pursuant to section #h of the ,occupational ,safety and ,health ,act of #aigj 7#bi ,u4,s4,c4 #feg71 the ,secretary shall verify that the employer of employees working at such establishment is in compliance with the occupational safety and health standard set forth in section #aiaj4ada of title #bi1 ,code of ,federal ,regulations1 as in effect on the day before the date of enactment of this ,act1 for employers to provide prompt access for employees to visit and use toilet facilities1 including such standard as interpreted by the memorandum for regional administrators and ,state designees regarding ,interpretation of #bi ,,cfr4 #aiaj4ada7;c77#a73 ,toilet ,facilities issued by the ,occupational ,safety and ,health ,administration on ,april #f1 #aiih4 7b7 ,requirements ,in carrying out subsection 7a71 the ,secretary shall verify that the employer described in such subsection-- 7#a7 allows employees to leave their work locations to use a toilet facility when needed and without punishment2 7#b7 provides an adequate number of toilet facilities for the size of the workforce to prevent long lines2 7#c7 avoids imposing unreasonable restrictions including waiting lists on the use of toilet facilities2 7#d7 ensures that restrictions1 such as locking doors or requiring employees to sign out a key1 do not cause extended delays in access to toilet facilities2 and 7#e7 compensates each employee for breaks for using toilet facilities at the regular rate of pay of the employee in accordance with section #ghe4ah of title #bi1 ,code of ,federal ,regulations1 as in effect on the day before the date of enactment of this ,act1 and any other applicable ,federal1 ,state1 or local law4 #abc4 ,occupational safety and health standards to protect employees in covered establishments 7a7 ,standard for protecting employees from occupational risk factors causing musculoskeletal disorders 7#a7 ,proposed standard ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall1 pursuant to section #f of the ,occupational ,safety and ,health ,act of #aigj 7#bi ,u4,s4,c4 #fee71 publish in the ,federal ,register a proposed standard for ergonomic program management for covered establishments4 ,such proposed standard shall include requirements for-- 7,a7 hazard identification and ergonomic job evaluations1 including requirements for employee and authorized employee representative participation in such identification2 7,b7 hazard control1 which such requirements rely on the principles of the hierarchy of controls and which may include measures such as rest breaks1 equipment and workstation redesign1 work pace reductions1 or job rotation to less forceful or repetitive jobs2 7,c7 training for employees regarding employer activities1 occupational risk factors1 and training on controls and recognition of symptoms of musculoskeletal disorders2 and 7,d7 medical management that includes-- 7i7 encouraging early reporting of musculoskeletal disorder symptoms2 7ii7 first aid delivered by those operating under ,state licensing requirements2 and 7iii7 systematic evaluation and early referral for medical attention4 7#b7 ,final standard ,not later than #cj months after the date of enactment this ,act1 the ,secretary shall1 pursuant to section #f of the ,occupational ,safety and ,health ,act of #aigj 7#bi ,u4,s4,c4 #fee71 publish in the ,federal ,register a final standard based on the proposed standard under paragraph 7#a74 7b7 ,standard for protecting employees from delays in medical treatment referrals following injuries or illnesses 7#a7 ,proposed standard ,not later than #c months after the date of enactment of this ,act1 the ,secretary shall1 pursuant to section #f of the ,occupational ,safety and ,health ,act of #aigj 7#bi ,u4,s4,c4 #fee71 publish in the ,federal ,register a proposed standard requiring that all employers with employees working at a covered establishment who1 in accordance with the standard promulgated under section #aiaj4aea of title #bi1 ,code of ,federal ,regulations1 as in effect on the day before the date of enactment of this ,act1 are required to have a person readily available at the establishment who is adequately trained to render first aid1 shall ensure that such person-- 7,a7 without delay1 refers any such employee who reports an injury or illness that requires further medical treatment to an appropriate medical professional of the employee's choice for such treatment2 7,b7 provides for occupational medicine consultation services through a physician who is board certified in occupational medicine1 which services shall include-- 7i7 regular review of any health and safety program1 medical management program1 or ergonomics program of the employer2 7ii7 review of any work-related injury or illness of an employee2 7iii7 providing onsite health services for treatment of such injury or illness2 and 7iv7 consultation referral to a local health care provider for treating such injury or illness2 and 7,c7 complies with the licensing requirements for licensed practical nurses or registered nurses in the ,state in which the establishment is located4 7#b7 ,final standard ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall1 pursuant to section #f of the ,occupational ,safety and ,health ,act of #aigj 7#bi ,u4,s4,c4 #fee71 publish in the ,federal ,register a final standard based on the proposed standard under paragraph 7#a74 7c7 ,standard for protecting employees from airborne contagions 7#a7 ,emergency temporary standard for ,,covid-#ai ,in consideration of the grave danger presented by ,,covid-#ai and the need to strengthen protections for workers at covered establishments1 notwithstanding the provisions of law and the ,executive orders listed in paragraph 7#d71 not later than #g days after the date of enactment of this ,act1 the ,secretary of ,labor shall promulgate an emergency temporary standard to protect all employees1 contractors1 and temporary workers at covered establishments from occupational exposure to ,,sars-,co,v-#b4 7#b7 ,extension of standard ,notwithstanding paragraphs 7#b7 and 7#c7 of section #f7;c7 of the ,occupational ,safety and ,health ,act of #aigj 7#bi #h ,u4,s4,c4 #fee7;c771 the emergency temporary standard promulgated under this subsection shall be in effect until the date on which the final standard promulgated under paragraph 7#e7 is in effect4 7#c7 ,state plan adoption ,with respect to a ,state with a ,state plan that has been approved by the ,secretary of ,labor under section #ah of the ,occupational ,safety and ,health ,act of #aigj 7#bi ,u4,s4,c4 #ffg71 not later than #ad days after the date of enactment of this ,act1 such ,state shall promulgate an emergency temporary standard that is at least as effective in protecting employees1 contractors1 and temporary workers at covered establishments from occupational exposure to ,,sars-,co,v-#b as the emergency temporary standard promulgated under this subsection4 7#d7 ,inapplicable provisions of law and executive order ,the provisions of law and the ,executive orders listed in this paragraph are as follows3 7,a7 ,the requirements of chapter #f of title #e1 ,united ,states ,code 7commonly referred to as the ,regulatory ,flexibility ,act74 7,b7 ,subchapter ,i of chapter #ce of title #dd1 ,united ,states ,code 7commonly referred to as the ,paperwork ,reduction ,act74 7,c7 ,the ,unfunded ,mandates ,reform ,act of #aiie 7#b ,u4,s4,c4 #aeja et seq474 7,d7 ,executive ,order #abhff 7#eh ,fed4 ,reg4 #aij2 relating to regulatory planning and review71 as amended4 7,e7 ,executive ,order #acgga 7#hb ,fed4 ,reg4 #icci1 relating to reducing regulation and controlling regulatory costs74 7#e7 ,final standard ,not later than #bd months after the date of enactment of this ,act1 the ,secretary of ,labor shall1 pursuant to section #f of the ,occupational ,safety and ,health ,act 7#bi ,u4,s4,c4 #fee71 promulgate a final standard-- 7,a7 to protect employees1 contractors1 and temporary workers at covered establishments from occupational exposure to infectious pathogens1 including airborne and novel pathogens2 and 7,b7 that shall be effective and enforceable in the same manner and to the same extent as a standard promulgated under section #f7;b7 of the ,occupational ,safety and ,health ,act of #aigj 7#bi ,u4,s4,c4 #fee7;b774 7#f7 ,consultation ,in developing the standards under this subsection1 the ,secretary shall consult with-- 7,a7 the ,director of the ,centers for ,disease ,control and ,prevention2 7,b7 the ,director of the ,national ,institute for ,occupational ,safety and ,health2 and 7,c7 the professional associations and representatives of the employees1 contractors1 and temporary workers at covered establishments4 7#g7 ,requirements ,each standard promulgated under this subsection shall include-- 7,a7 a requirement that the covered establishments-- 7i7 develop and implement a comprehensive infectious disease exposure control plan1 with the input and involvement of employees or1 where applicable1 the representatives of employees1 as appropriate1 to address the risk of occupational exposure2 7ii7 record and report each work-related ,,covid-#ai infection and death1 as set forth in part #aijd of title #bi1 ,code of ,federal ,regulations 7as in effect on the date of enactment of this ,act71 and section #abi of this ,act2 and 7iii7 reduce meat and poultry processing rates to achieve social distancing and implement applicable requirements sufficient to protect worker health with an adequate margin of safety2 7,b7 no less protection for novel pathogens than precautions mandated by standards adopted by a ,state plan that has been approved by the ,secretary under section #ah of the ,occupational ,safety and ,health ,act of #aigj 7#bi ,u4,s4,c4 #ffg72 and 7,c7 the incorporation1 as appropriate1 of-- 7i7 guidelines issued by the ,centers for ,disease ,control and ,prevention1 the ,national ,institute for ,occupational ,safety and ,health1 and the ,occupational ,safety and ,health ,administration1 which are designed to prevent the transmission of infectious agents in health care or other occupational settings2 and 7ii7 relevant scientific research on airborne and novel pathogens4 7#h7 ,enforcement ,this subsection shall be enforced in the same manner and to the same extent as any standard promulgated under section #f7;b7 of the ,occupational ,safety and ,health ,act of #aigj 7#bi ,u4,s4,c4 #fee7;b774 #abd4 ,permanent regional emphasis inspection program2 expanding inspections 7a7 ,regional emphasis inspection program 7#a7 ,in general ,not later than #cj days after the date of enactment of this ,act1 the ,secretary shall1 pursuant to section #h of the ,occupational ,safety and ,health ,act of #aigj 7#bi ,u4,s4,c4 #feg71 implement a regional emphasis inspection program for covered establishments in every ,state of the ,united ,states in which a covered establishment is located4 ,such program shall cover-- 7,a7 amputation hazards2 7,b7 ergonomics2 7,c7 hazards related to line speeds2 7,d7 bathroom breaks2 7,e7 use of chemicals such as peracetic acid 7antimicrobials72 and 7,f7 working conditions in high and low temperatures4 7#b7 ,state plans ,not later than #cj days after the date of enactment of this ,act1 a ,state with a ,state plan that has been approved by the ,secretary under section #ah of such ,act 7#bi ,u4,s4,c4 #ffg7 shall adopt in each region within the ,state in which a covered establishment is located a regional emphasis inspection program that is at least as effective as the program under paragraph 7#a74 7b7 ,expanding inspections when information presents possible additional dangers 7#a7 ,in general ,in the case the ,secretary conducts a physical inspection of a covered establishment pursuant to section #h of such ,act in response to a referral1 complaint1 or fatality1 and the ,secretary1 during such inspection makes a determination under paragraph 7#b71 the ,secretary shall expand such inspection to all areas of the establishment4 7#b7 ,determination ,a determination described in this paragraph is either of the following3 7,a7 ,a determination1 following a review of records of work-related injuries and illnesses maintained in accordance with such section #h1 that a work-related injury or illness may be related to a workplace danger that may threaten physical harm4 7,b7 ,a determination1 upon interviews with employees1 that a workplace danger may threaten physical harm4 #abe4 ,representatives during physical inspections 7a7 ,proposed rule ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall1 under section #h7;e7 of the ,occupational ,safety and ,health ,act of #aigj 7#bi ,u4,s4,c4 #feg7;e771 publish in the ,federal ,register a regulation providing that during a physical inspection of a covered establishment under such section-- 7#a7 the representative authorized by employees to be given the opportunity to accompany the ,secretary during the inspection as described in such section shall not be required to be an employee of the employer2 7#b7 where there is no representative authorized by employees as described in paragraph 7#a71 the employees may designate a person affiliated with a worker-based community organization to serve as such representative2 and 7#c7 the inspector may arrange for interviews with employees off-site upon the request of the representative or designated person4 7b7 ,final rule ,not later than #b years after the date of enactment of this ,act1 the ,secretary shall publish in the ,federal ,register a final rule for the proposed rule under subsection 7a74 #abf4 ,enhanced protections from retaliation 7a7 ,employee actions ,section #aa7;c77#a7 of the ,occupational ,safety and ,health ,act of #aigj 7#bi ,u4,s4,c4 #ffj7;c77#a77 is amended-- 7#a7 by striking discharge and all that follows through because such and inserting the following3 8discharge or cause to be discharged1 or in any other manner retaliate or discriminate against or cause to be retaliated or discriminated against1 any employee because-- 7,a7 such 2 7#b7 by striking this ,act or has and inserting the following3 8this ,act2 7,b7 such employee has 2 7#c7 by striking in any such proceeding or because of the exercise and inserting the following3 8before ,congress or in any ,federal or ,state proceeding related to safety or health2 7,c7 such employee has refused to violate any provision of this ,act2 or 7,d7 of the exercise 2 and 7#d7 by inserting before the period at the end the following3 1 including the reporting of any injury1 illness1 or unsafe condition to the employer1 agent of the employer1 safety and health committee involved1 or employee safety and health representative involved4 7b7 ,prohibition of retaliation2 procedure ,section #aa of such ,act 7#bi ,u4,s4,c4 #ffj7 is amended-- 7#a7 in subsection 7c7-- 7,a7 in paragraph 7#b7-- 7i7 by striking discharged or otherwise discriminated against by any person in violation of this subsection and inserting aggrieved by a violation of this subsection2 and 7ii7 by striking such discrimination and inserting such violation2 and 7,b7 by adding at the end the following3 7#d7 ,exception for meat and poultry establishments ,paragraphs 7#b7 and 7#c7 shall not apply with respect to a complaint filed by an employee of an employer that is a covered establishment1 as defined in section #c of the ,protecting ,america's ,meatpacking ,workers ,act4 2 and 7#b7 by adding at the end the following3 7d7 ,meat and poultry establishments 7#a7 ,definitions ,in this subsection3 7,a7 ,complainant ,the term complainant means a complainant who is a covered employee4 7,b7 ,covered employee ,the term covered employee means an employee of a covered employer4 7,c7 ,covered employer ,the term covered employer means an employer that is a covered establishment1 as defined in section #c of the ,protecting ,america's ,meatpacking ,workers ,act4 7,d7 ,respondent ,the term respondent means a respondent who is a covered employer4 7#b7 ,reasonable apprehension 7,a7 ,in general ,no person shall discharge1 or cause to be discharged1 or in any other manner retaliate or discriminate against1 or cause to be retaliated or discriminated against1 a covered employee for refusing to perform the covered employee's duties if the covered employee has a reasonable apprehension that performing such duties would result in serious injury to1 or serious impairment of the health of1 the covered employee or other covered employees4 7,b7 ,circumstances ,for purposes of subparagraph 7,a71 the circumstances causing the covered employee's reasonable apprehension described in such subparagraph shall be of such a nature that a reasonable person1 under the circumstances confronting the covered employee1 would conclude that performing the duties described in such subparagraph would have the result described in such subparagraph4 7,c7 ,communication ,in order to qualify for protection under this paragraph1 the covered employee1 when practicable1 shall have communicated or attempted to communicate the safety or health concern to the covered employer and have not received from the covered employer a response reasonably calculated to allay such concern4 7#c7 ,complaint ,any covered employee who believes that the covered employee has been discharged1 disciplined1 or otherwise retaliated or discriminated against by any person in violation of subsection 7c77#a7 or paragraph 7#b7 of this subsection may seek relief for such violation by filing a complaint with the ,secretary under paragraph 7#e74 7#d7 ,statute of limitations 7,a7 ,in general ,a covered employee may take the action permitted by paragraph 7#c7 not later than #ahj days after the later of-- 7i7 the date on which an alleged violation of subsection 7c77#a7 or paragraph 7#b7 of this subsection occurs2 or 7ii7 the date on which the covered employee knows or should reasonably have known that such alleged violation occurred4 7,b7 ,repeat violation ,except in cases when the covered employee has been discharged1 a violation of subsection 7c77#a7 or paragraph 7#b7 of this subsection shall be considered to have occurred on the last date an alleged repeat violation occurred4 7#e7 ,investigation 7,a7 ,in general ,a covered employee may1 within the time period required under paragraph 7#d77;,a71 file a complaint with the ,secretary alleging a violation of subsection 7c77#a7 or paragraph 7#b7 of this subsection4 ,if the complaint alleges a prima facie case1 the ,secretary shall conduct an investigation of the allegations in the complaint1 which-- 7i7 shall include-- 7,i7 interviewing the complainant2 7,,ii7 providing the respondent an opportunity to-- 7aa7 submit to the ,secretary a written response to the complaint2 and 7bb7 meet with the ,secretary to present statements from witnesses or provide evidence2 and 7,,iii7 providing the complainant an opportunity to-- 7aa7 receive any statements or evidence provided to the ,secretary2 7bb7 meet with the ,secretary2 and 7cc7 rebut any statements or evidence2 and 7ii7 may include issuing subpoenas for the purposes of such investigation4 7,b7 ,decision ,not later than #ij days after the filing of the complaint under this paragraph1 the ,secretary shall-- 7i7 determine whether reasonable cause exists to believe that a violation of subsection 7c77#a7 or paragraph 7#b7 of this subsection has occurred2 and 7ii7 issue a decision granting or denying relief4 7#f7 ,preliminary order following investigation ,if1 after completion of an investigation under paragraph 7#e77;,a71 the ,secretary finds reasonable cause to believe that a violation of subsection 7c77#a7 or paragraph 7#b7 of this subsection has occurred1 the ,secretary shall issue a preliminary order providing relief authorized under paragraph 7#ad7 at the same time the ,secretary issues a decision under paragraph 7#e77;,b74 ,if a de novo hearing is not requested within the time period required under paragraph 7#g77;,a77i71 such preliminary order shall be deemed a final order of the ,secretary and is not subject to judicial review4 7#g7 ,hearing 7,a7 ,request for hearing 7i7 ,in general ,a de novo hearing on the record before an administrative law judge may be requested-- 7,i7 by the complainant or respondent within #cj days after receiving notification of a decision granting or denying relief issued under paragraph 7#e77;,b7 or a preliminary order under paragraph 7#f71 respectively2 7,,ii7 by the complainant within #cj days after the date the complaint is dismissed without investigation by the ,secretary under paragraph 7#e77;,a72 or 7,,iii7 by the complainant within #abj days after the date of filing the complaint under paragraph 7#e71 if the ,secretary has not issued a decision under paragraph 7#e77;,b74 7ii7 ,reinstatement order ,the request for a hearing shall not operate to stay any preliminary reinstatement order issued under paragraph 7#f74 7,b7 ,procedures 7i7 ,in general ,a hearing requested under this paragraph shall be conducted expeditiously and in accordance with rules established by the ,secretary for hearings conducted by administrative law judges4 7ii7 ,subpoenas2 production of evidence ,in conducting any such hearing1 the administrative law judge may issue subpoenas4 ,the respondent or complainant may request the issuance of subpoenas that require the deposition of1 or the attendance and testimony of1 witnesses and the production of any evidence 7including any books1 papers1 documents1 or recordings7 relating to the matter under consideration4 7iii7 ,decision ,the administrative law judge shall issue a decision not later than #ij days after the date on which a hearing was requested under this paragraph and promptly notify1 in writing1 the parties and the ,secretary of such decision1 including the findings of fact and conclusions of law4 ,if the administrative law judge finds that a violation of subsection 7c77#a7 or paragraph 7#b7 of this subsection has occurred1 the judge shall issue an order for relief under paragraph 7#ad74 ,if review under paragraph 7#h7 is not timely requested1 such order shall be deemed a final order of the ,secretary that is not subject to judicial review4 7#h7 ,administrative appeal 7,a7 ,in general ,not later than #cj days after the date of notification of a decision and order issued by an administrative law judge under paragraph 7#g71 the complainant or respondent may file1 with objections1 an administrative appeal with an administrative review body designated by the ,secretary 7referred to in this paragraph as the review board74 7,b7 ,standard of review ,in reviewing the decision and order of the administrative law judge1 the review board shall affirm the decision and order if it is determined that the factual findings set forth therein are supported by substantial evidence and the decision and order are made in accordance with applicable law4 7,c7 ,decisions ,if the review board grants an administrative appeal1 the review board shall issue a final decision and order affirming or reversing1 in whole or in part1 the decision under review by not later than #ij days after receipt of the administrative appeal4 ,if it is determined that a violation of subsection 7c77#a7 or paragraph 7#b7 of this subsection has occurred1 the review board shall issue a final decision and order providing relief authorized under paragraph 7#ad74 ,such decision and order shall constitute final agency action with respect to the matter appealed4 7#i7 ,settlement in the administrative process 7,a7 ,in general ,at any time before issuance of a final order1 an investigation or proceeding under this subsection may be terminated on the basis of a settlement agreement entered into by the parties4 7,b7 ,public policy considerations ,neither the ,secretary1 an administrative law judge1 nor the review board conducting a hearing under this subsection shall accept a settlement that contains conditions conflicting with the rights protected under this ,act or that are contrary to public policy1 including a restriction on a complainant's right to future employment with employers other than the specific covered employers named in a complaint4 7#aj7 ,inaction by the review board or administrative law judge 7,a7 ,in general ,the complainant may bring a de novo action described in subparagraph 7,b7 if-- 7i7 an administrative law judge has not issued a decision and order within the #ij-;day time period required under paragraph 7#g77;,b77iii72 or 7ii7 the review board has not issued a decision and order within the #ij-;day time period required under paragraph 7#h77;,c74 7,b7 ,de novo action ,such de novo action may be brought at law or equity in the ,united ,states district court for the district where a violation of subsection 7c77#a7 or paragraph 7#b7 of this subsection allegedly occurred or where the complainant resided on the date of such alleged violation4 ,the court shall have jurisdiction over such action without regard to the amount in controversy and to order appropriate relief under paragraph 7#ad74 ,such action shall1 at the request of either party to such action1 be tried by the court with a jury4 7#aa7 ,judicial review 7,a7 ,timely appeal to the court of appeals ,any party adversely affected or aggrieved 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 violation1 with respect to which such final decision and order was issued1 allegedly occurred or where the complainant resided on the date of such alleged violation4 ,to obtain such review1 a party shall file a petition for review not later than #fj days after the final decision and order was issued4 ,such review shall conform to chapter #g of title #e1 ,united ,states ,code4 ,the commencement of proceedings under this subparagraph shall not1 unless ordered by the court1 operate as a stay of the final decision and order4 7,b7 ,limitation on collateral attack ,an order and decision with respect to which review may be obtained under subparagraph 7,a7 shall not be subject to judicial review in any criminal or other civil proceeding4 7#ab7 ,enforcement of order ,if a respondent fails to comply with an order issued under this subsection1 the ,secretary or the complainant on whose behalf the order was issued may file a civil action for enforcement in the ,united ,states district court for the district in which the violation was found to occur to enforce such order4 ,if both the ,secretary and the complainant file such action1 the action of the ,secretary shall take precedence4 ,the district court shall have jurisdiction to grant all appropriate relief described in paragraph 7#ad74 7#ac7 ,burdens of proof 7,a7 ,criteria for determination ,in making a determination or adjudicating a complaint pursuant to this subsection1 the ,secretary1 administrative law judge1 review board1 or a court may determine that a violation of subsection 7c77#a7 or paragraph 7#b7 of this subsection has occurred only if the complainant demonstrates that any conduct described in subsection 7c77#a7 or paragraph 7#b7 of this subsection with respect to the complainant was a contributing factor in the adverse action alleged in the complaint4 7,b7 ,prohibition ,notwithstanding subparagraph 7,a71 a decision or order that is favorable to the complainant shall not be issued in any administrative or judicial action pursuant to this subsection if the respondent demonstrates by clear and convincing evidence that the respondent would have taken the same adverse action in the absence of such conduct4 7#ad7 ,relief 7,a7 ,order for relief ,if the ,secretary1 administrative law judge1 review board1 or a court determines that a covered employer has violated subsection 7c77#a7 or paragraph 7#b7 of this subsection1 the ,secretary1 administrative law judge1 review board1 or court1 respectively1 shall have jurisdiction to order all appropriate relief1 including injunctive relief1 and compensatory and exemplary damages1 including-- 7i7 affirmative action to abate the violation2 7ii7 reinstatement without loss of position or seniority1 and restoration of the terms1 rights1 conditions1 and privileges associated with the complainant's employment1 including opportunities for promotions to positions with equivalent or better compensation for which the complainant is qualified2 7iii7 compensatory and consequential damages sufficient to make the complainant whole 7including back pay1 prejudgment interest1 and other damages72 and 7iv7 expungement of all warnings1 reprimands1 or derogatory references that 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 action1 and1 at the complainant's direction1 transmission of a copy of the decision on the complaint to any person whom the complainant reasonably believes may have received such unfavorable information4 7,b7 ,attorneys' fees and costs ,if the ,secretary or an administrative law judge1 review board1 or court grants an order for relief under subparagraph 7,a71 the ,secretary1 administrative law judge1 review board1 or court1 respectively1 shall assess1 at the request of the covered employee against the covered employer-- 7i7 reasonable attorneys' fees2 and 7ii7 costs 7including expert witness fees7 reasonably incurred1 as determined by the ,secretary1 administrative law judge1 review board1 or court1 respectively1 in connection with bringing the complaint upon which the order was issued4 7#ae7 ,procedural rights ,the rights and remedies provided for in this subsection may not be waived by any agreement1 policy1 form1 or condition of employment1 including by any pre-dispute arbitration agreement or collective bargaining agreement4 7#af7 ,savings ,nothing in this subsection shall be construed to diminish the rights1 privileges1 or remedies of any covered employee who exercises rights under any ,federal or ,state law or common law1 or under any collective bargaining agreement4 7#ag7 ,election of venue 7,a7 ,in general ,a covered employee of a covered employer who is located in a ,state that has a ,state plan approved under section #ah may file a complaint alleging a violation of subsection 7c77#a7 or paragraph 7#b7 of this subsection by such employer with-- 7i7 the ,secretary under paragraph 7#e72 or 7ii7 a ,state plan administrator in such ,state4 7,b7 ,referrals ,if-- 7i7 the ,secretary receives a complaint pursuant to subparagraph 7,a77i71 the ,secretary shall not refer such complaint to a ,state plan administrator for resolution2 or 7ii7 a ,state plan administrator receives a complaint pursuant to subparagraph 7,a77ii71 the ,state plan administrator shall not refer such complaint to the ,secretary for resolution4 7#ah7 ,presumption of retaliation ,the ,secretary shall apply an unrebuttable presumption of retaliation in any complaint initiated under paragraph 7#e7 in which the ,secretary finds a covered employee suffers an adverse action within #ij days of the date on which the covered employee took any action protected under subsection 7c77#a7 or raised any reasonable apprehension under paragraph 7#b7 of this subsection4 7#ai7 ,supplement and not supplant ,the remedies provided for under this subsection supplement1 and do not supplant1 the private right of action under section #acj of the ,protecting ,america's ,meatpacking ,workers ,act4 7#bj7 ,definitions ,for purposes of this subsection and subsection 7c7-- 7,a7 the term retaliate or discriminate against includes reporting1 or threatening to report1 to a ,federal1 ,state1 or local authority the suspected citizenship or immigration status of a covered employee1 or of a family member of a covered employee1 because the covered employee raises a concern about workplace health and safety practices or hazards2 and 7,b7 the term family member1 with respect to the family member of a covered employee1 means an individual who-- 7i7 is related to the covered employee by blood1 adoption1 marriage1 or domestic partnership2 and 7ii7 is a significant other1 parent1 sibling1 child1 uncle1 aunt1 niece1 nephew1 cousin1 grandparent1 or grandchild of the covered employee4 4 7c7 ,relation to enforcement ,section #ag7;j7 of such ,act 7#bi ,u4,s4,c4 #fff7;j77 is amended by inserting before the period the following3 1 including the history of violations under subsection 7c7 or 7d7 of section #aa4 #abg4 ,regulations to restore a column on required records of work-related musculoskeletal disorders ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall issue a final rule regarding matters pertaining to the proposed rule issued by the ,secretary on ,january #bi1 #bjaj1 entitled ,occupational ,injury and ,illness ,recording and ,reporting ,requirements 7#ge ,fed4 ,reg4 #dgbh74 #abh4 ,funding for additional ,,osha inspectors ,out of any amounts in the ,treasury not otherwise appropriated1 there is appropriated #fj1jjj1jjj to the ,secretary for each of fiscal years #bjbd through #bjbi1 to remain available until expended for-- 7#a7 the hiring of additional inspectors to carry out inspections under section #h of the ,occupational ,safety and ,health ,act of #aigj 7#bi ,u4,s4,c4 #feg72 and 7#b7 carrying out sections #f1 #h1 and #aa of the ,occupational ,safety and ,health ,act of #aigj 7#bi ,u4,s4,c4 #fee2 #feg2 and #ffj71 as amended by this ,act4 #abi4 ,,osha reporting 7a7 ,definition of pandemic ,in this section1 the term pandemic means a public health emergency declared under section #cai of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bdg;d7 with respect to a pandemic4 7b7 ,reporting during a pandemic 7#a7 ,standardized reporting 7,a7 ,in general ,the ,secretary shall establish a standardized process for covered establishments to report1 on a weekly basis during a pandemic1 to the ,secretary information regarding infections and deaths related to the pandemic4 ,such information shall include-- 7i7 the number of employees on a weekly and cumulative basis that have contracted the disease resulting in the pandemic2 7ii7 racial demographics of such employees2 and 7iii7 the employment status of such employees4 7,b7 ,form and procedures 7i7 ,,covid-#ai ,not later than #g days after the date of enactment of this ,act1 the ,secretary shall issue reporting procedures described in subparagraph 7,a71 including forms for such procedures1 for reporting the information described in such subparagraph during the pandemic with respect to ,,covid-#ai4 7ii7 ,future pandemics ,not later than #a year after the date of enactment of this ,act1 or #g days following a declaration of a pandemic other than ,,covid-#ai1 whichever is sooner1 the ,secretary shall issue reporting procedures described in subparagraph 7,a71 including forms for such procedures1 for pandemics other than ,,covid-#ai4 7#b7 ,public availability ,the ,secretary shall make the information reported under paragraph 7#a7 available to the public in a manner that facilitates public participation1 including by making such information available on its website in a manner that maximizes public participation4 7#c7 ,privacy ,a covered establishment1 in reporting information to the ,secretary under paragraph 7#a71 may not claim confidential business information or patient privacy1 except that such an establishment may withhold the names of workers1 as a basis to withhold information4 7c7 ,disclosures to employees ,a covered establishment shall disclose to each employee or individual providing work for the employer1 including any individual providing such work through a contract or subcontract1 all chemicals used at the worksite where the employee or individual provides such work4 ,such disclosure shall be provided to the employee or individual in the native language of the employee or individual4 #acj4 ,private right of action 7a7 ,in general ,any person aggrieved by the failure of a covered establishment to comply with the ,occupational ,safety and ,health ,act of #aigj 7#bi ,u4,s4,c4 #fea et seq471 including any regulation promulgated pursuant to such ,act1 or to comply with this subtitle may file suit in any district court of the ,united ,states having jurisdiction of the parties1 without respect to the amount in controversy and without regard to the citizenship of the parties1 or in any other court of competent jurisdiction4 7b7 ,right of recovery ,in an action brought by any aggrieved person pursuant to this section1 the person may recover equitable and legal relief 7including compensatory and punitive damages71 attorney's fees 7including expert fees71 and costs of the action4 7c7 ,action by the ,secretary ,any administrative enforcement by the ,secretary shall not preclude the relief afforded by this section or otherwise deprive a court of jurisdiction4 #aca4 ,injunction proceedings ,section #ac of the ,occupational ,safety and ,health ,act of #aigj 7#bi ,u4,s4,c4 #ffb7 is amended-- 7#a7 in subsection 7a71 by adding at the end the following3 ,any employee 7or the representative of such employee7 at a place of employment subject to enforcement under this subsection may unconditionally intervene as a matter of right42 and 7#b7 in subsection 7d71 by adding at the end the following3 ,the right to judicial review provided in this subsection shall extend to1 and the district court shall have jurisdiction to adjudicate1 any action1 inaction1 or failure to act by the ,secretary with respect to an imminent danger regardless of whether the ,secretary1 an inspector1 or any other individual determines the existence or absence of an imminent danger44 ,d ,savings provision #acf4 ,savings provision ,nothing in title shall be construed to diminish the rights1 privileges1 or remedies of any employee who exercises rights under any ,federal or ,state law or common law1 or under any collective bargaining agreement4 ,,ii ,farm system reforms #bja4 ,expanded meat and poultry processing grants ,section #gfd of division ,n of the ,consolidated ,appropriations ,act1 #bjba 7#ba ,u4,s4,c4 #dgc71 is amended-- 7#a7 in subsection 7b7-- 7,a7 in paragraph 7#b71 by redesignating subparagraphs 7,a7 and 7,b7 as clauses 7i7 and 7ii71 respectively1 and indenting appropriately2 7,b7 by redesignating paragraphs 7#a7 and 7#b7 as subparagraphs 7,a7 and 7,b71 respectively1 and indenting appropriately2 7,c7 in the matter preceding subparagraph 7,a7 7as so redesignated71 by striking ,to be eligible and inserting the following3 7#a7 ,in general ,to be eligible 2 7,d7 in paragraph 7#a7 7as so designated7-- 7i7 in the matter preceding subparagraph 7,a7 7as so redesignated71 by striking shall be-- and inserting shall--2 7ii7 in subparagraph 7,a7 7as so redesignated7-- 7,i7 by inserting be before in operation2 and 7,,ii7 by striking and at the end2 7iii7 in subparagraph 7,b7 7as so redesignated7-- 7,i7 in the matter preceding clause 7i7 7as so redesignated71 by striking seeking and inserting seek2 and 7,,ii7 in clause 7ii7 7as so redesignated71 by striking the period at the end and inserting 2 and2 and 7iv7 by adding at the end the following3 7,c7 have a labor peace agreement in place4 2 and 7,e7 by adding at the end the following3 7#b7 ,definition of labor peace agreement ,in this subsection1 the term labor peace agreement means an agreement-- 7,a7 between an employer and a labor organization that represents1 or is actively seeking to represent1 the employees of the employer2 and 7,b7 under which such employer and labor organization agree that-- 7i7 the employer will not-- 7,i7 hinder any effort of an employee to join a labor organization2 or 7,,ii7 take any action that directly or indirectly indicates or implies any opposition to an employee joining a labor organization2 7ii7 the labor organization agrees to refrain from picketing1 work stoppages1 or boycotts against the employer2 7iii7 the employer provides the labor organization with employee contact information1 and facilitates or permits labor organization access to employees at the workplace1 including facilitating or permitting the labor organization to meet with employees to discuss joining the labor organization2 and 7iv7 the employer shall1 upon the request of the labor organization1 recognize the labor organization as the bargaining representative of the employees if a majority of the employees choose the labor organization as their bargaining representative4 2 7#b7 in subsection 7d77#b7-- 7,a7 in subparagraph 7,a71 by redesignating clauses 7i7 and 7ii7 as subclauses 7,i7 and 7,,ii71 respectively1 and indenting appropriately2 7,b7 by redesignating subparagraphs 7,a7 and 7,b7 as clauses 7i7 and 7ii71 respectively1 and indenting appropriately2 7,c7 in the matter preceding clause 7i7 7as so redesignated71 by striking recipient shall agree and inserting the following3 recipient-- 7,a7 shall agree 2 7,d7 in subparagraph 7,a7 7as so designated71 in clause 7ii7 7as so redesignated71 by striking the period at the end and inserting 2 and2 and 7,e7 by adding at the end the following3 7,b7 shall not1 for a period of #aj years following the date of receipt of the grant1 sell a slaughter or processing facility to1 or merge the slaughter or processing facility with1 a packer that owns more than #aj percent of the market share of meat and poultry markets4 2 and 7#c7 in subsection 7f7-- 7,a7 by striking ,of the funds and inserting the following3 7#a7 ,in general ,of the funds 2 and 7,b7 by adding at the end the following3 7#b7 ,additional funding ,in addition to amounts made available under paragraph 7#a71 of the funds of the ,treasury not otherwise appropriated1 there is appropriated to carry out this section #ajj1jjj1jjj for the period of fiscal years #bjbc through #bjcb4 4 #bjb4 ,local ,agriculture ,market ,program ,section #baj;,a7i77#a7 of the ,agricultural ,marketing ,act of #aidf 7#g ,u4,s4,c4 #afbg;c7i77#a77 is amended by striking fiscal year #bjai and each fiscal year thereafter and inserting each of fiscal years #bjai through #bjbc1 and #ejj1jjj1jjj for fiscal year #bjbd4 #bjc4 ,restoration of mandatory country of origin labeling for beef and pork2 inclusion of dairy products 7a7 ,definitions ,section #bha of the ,agricultural ,marketing ,act of #aidf 7#g ,u4,s4,c4 #afch7 is amended-- 7#a7 by redesignating paragraphs 7#a71 7#b7 through 7#e71 7#f71 and 7#g7 as paragraphs 7#b71 7#d7 through 7#g71 7#i71 and 7#aj71 respectively2 7#b7 by inserting before paragraph 7#b7 7as so redesignated7 the following3 7#a7 ,beef ,the term beef means meat produced from cattle 7including veal74 2 7#c7 in paragraph 7#b7 7as so redesignated7-- 7,a7 in subparagraph 7,a7-- 7i7 in clause 7i71 by striking lamb and inserting beef1 lamb1 pork12 7ii7 in clause 7ii71 by striking ground lamb and inserting ground beef1 ground lamb1 ground pork12 7iii7 in clause 7x71 by striking and at the end2 7iv7 in clause 7xi71 by striking the period at the end and inserting 2 and2 and 7v7 by adding at the end the following3 7xii7 dairy products4 2 and 7,b7 in subparagraph 7,b71 by inserting 7other than clause 7xii7 of that subparagraph7 after subparagraph 7,a72 7#d7 by inserting after paragraph 7#b7 7as so redesignated7 the following3 7#c7 ,dairy product ,the term dairy product means-- 7,a7 fluid milk2 7,b7 cheese1 including cottage cheese and cream cheese2 7,c7 yogurt2 7,d7 ice cream2 7,e7 butter2 and 7,f7 any other dairy product4 2 and 7#e7 by inserting after paragraph 7#g7 7as so redesignated7 the following3 7#h7 ,pork ,the term pork means meat produced from hogs4 4 7b7 ,notice of country of origin ,section #bhb7;a7 of the ,agricultural ,marketing ,act of #aidf 7#g ,u4,s4,c4 #afch;a7a77 is amended by adding at the end the following3 7#e7 ,designation of country of origin for dairy products 7,a7 ,in general ,a retailer of a covered commodity that is a dairy product shall designate the origin of the covered commodity as-- 7i7 each country in which or from which the #a or more dairy ingredients or dairy components of the covered commodity were produced1 originated1 or sourced2 and 7ii7 each country in which the covered commodity was processed4 7,b7 ,state1 region1 locality of the united states ,with respect to a covered commodity that is a dairy product produced exclusively in the ,united ,states1 designation by a retailer of the ,state1 region1 or locality of the ,united ,states where the covered commodity was produced shall be sufficient to identify the ,united ,states as the country of origin4 4 #bjd4 ,definitions in ,packers and ,stockyards ,act1 #aiba ,section #b7;a7 of the ,packers and ,stockyards ,act1 #aiba 7#g ,u4,s4,c4 #ahb7;a771 is amended-- 7#a7 in paragraph 7#h71 by striking for slaughter and all that follows through of such poultry and inserting under a poultry growing arrangement1 regardless of whether the poultry is owned by that person or another person2 7#b7 in paragraph 7#i71 by striking and cares for live poultry for delivery1 in accord with another's instructions1 for slaughter and inserting or cares for live poultry in accordance with the instructions of another person2 7#c7 in each of paragraphs 7#a7 through 7#i71 by striking the semicolon at the end and inserting a period2 7#d7 in paragraph 7#aj7-- 7,a7 by striking for the purpose of either slaughtering it or selling it for slaughter by another2 and 7,b7 by striking 2 and at the end and inserting a period2 and 7#e7 by adding at the end the following3 7#ae7 ,formula price 7,a7 ,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 determined or reported until a date that is after the date on which the forward price is established4 7,b7 ,exclusion ,the term formula price does not include-- 7i7 any price term that establishes a base from which a purchase price is calculated on the basis of a futures market price2 or 7ii7 any adjustment to the base for quality1 grade1 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 packer4 7#af7 ,forward contract ,the term forward contract means an oral or written contract for the purchase of livestock that provides for the delivery of the livestock to a packer at a date that is more than #g days after the date on which the contract is entered into1 without regard to whether the contract is for-- 7,a7 a specified lot of livestock2 or 7,b7 a specified number of livestock over a certain period of time4 4 #bje4 ,unlawful practices 7a7 ,in general ,section #bjb of the ,packers and ,stockyards ,act1 #aiba 7#g ,u4,s4,c4 #aib71 is amended-- 7#a7 by redesignating subsections 7a7 through 7f7 and 7g7 as paragraphs 7#a7 through 7#f7 and 7#aj71 respectively1 and indenting appropriately2 7#b7 by striking the section designation and all that follows through ,it shall be in the matter preceding paragraph 7#a7 7as so redesignated7 and inserting the following3 #bjb4 ,unlawful acts 7a7 ,in general ,it shall be 2 7#c7 in subsection 7a7-- 7,a7 in the matter preceding paragraph 7#a7 7as so redesignated71 by striking to3 and inserting to do any of the following32 7,b7 in each of paragraphs 7#a7 through 7#f7 7as so redesignated71 by striking 2 or each place it appears and inserting a period2 7,c7 in paragraph 7#f7 7as so redesignated7-- 7i7 by striking 7#a7 and inserting 7,a72 7ii7 by striking 7#b7 and inserting 7,b72 and 7iii7 by striking 7#c7 and inserting 7,c72 7,d7 by inserting after paragraph 7#f7 the following3 7#g7 ,use1 in effectuating any sale of livestock1 a forward contract that-- 7,a7 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 into2 7,b7 is not offered for bid in an open1 public manner under which-- 7i7 buyers and sellers have the opportunity to participate in the bid2 7ii7 more than #a blind bid is solicited2 and 7iii7 buyers and sellers may witness bids that are made and accepted2 7,c7 is based on a formula price2 or 7,d7 provides for the sale of livestock in a quantity in excess of-- 7i7 in the case of cattle1 #dj cattle2 7ii7 in the case of swine1 #cj swine2 and 7iii7 in the case of another type of livestock1 a comparable quantity of that type of livestock1 as determined by the ,secretary4 7#h7 ,own or feed livestock directly1 through a subsidiary1 or through an arrangement that gives a packer operational1 managerial1 or supervisory control over the livestock1 or over the farming operation that produces the livestock1 to such an extent that the producer of the livestock is not materially participating in the management of the operation with respect to the production of the livestock1 except that this paragraph shall not apply to-- 7,a7 an arrangement entered into not more than #g business days before slaughter of the livestock by a packer1 a person acting through the packer1 or a person that directly or indirectly controls1 or is controlled by or under common control with1 the packer2 7,b7 a cooperative or entity owned by a cooperative1 if a majority of the ownership interest in the cooperative is held by active cooperative members that-- 7i7 own1 feed1 or control the livestock2 and 7ii7 provide the livestock to the cooperative for slaughter2 7,c7 a packer that is not required to report to the ,secretary on each reporting day 7as defined in section #bab of the ,agricultural ,marketing ,act of #aidf 7#g ,u4,s4,c4 #afce;a77 information on the price and quantity of livestock purchased by the packer2 or 7,d7 a packer that owns only #a livestock processing plant4 7#i7 ,take any action that adversely affects or is likely to adversely affect competition1 regardless of whether there is a business justification for the action4 2 and 7,e7 in paragraph 7#aj7 7as so redesignated71 by striking subdivision 7a71 7b71 7c71 7d71 or 7e7 and inserting paragraphs 7#a7 through 7#i72 and 7#d7 by adding at the end the following3 7b7 ,unfair1 discriminatory1 and deceptive practices and devices ,acts by a packer1 swine contractor1 or live poultry dealer that violate subsection 7a77#a7 include the following3 7#a7 ,refusal to provide1 on the request of a livestock producer1 swine production contract grower1 or poultry grower with which the packer1 swine contractor1 or live poultry dealer has a marketing or delivery contract1 the relevant statistical information and data used to determine the compensation paid to the livestock producer1 swine production contract grower1 or poultry grower1 as applicable1 under the contract1 including-- 7,a7 feed conversion rates by house1 lot1 or pen2 7,b7 feed analysis2 7,c7 breeder history2 7,d7 quality grade2 7,e7 yield grade2 and 7,f7 delivery volume for any certified branding program 7such as programs for ,angus beef or certified grassfed or ,berkshire pork74 7#b7 ,conduct or action that limits or attempts to limit by contract the legal rights and remedies of a livestock producer1 swine production contract grower1 or poultry grower1 including the right-- 7,a7 to a trial by jury1 unless the livestock producer1 swine production contract grower1 or poultry grower1 as applicable1 is voluntarily bound by an arbitration provision in a contract2 7,b7 to pursue all damages available under applicable law2 and 7,c7 to seek an award of attorneys' fees1 if available under applicable law4 7#c7 ,termination of a poultry growing arrangement 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 law1 rule1 or regulation4 7#d7 ,a representation1 omission1 or practice that is likely to mislead a livestock producer1 swine production contract grower1 or poultry grower regarding a material condition or term in a contract or business transaction4 7c7 ,undue or unreasonable preferences1 advantages1 prejudices1 and disadvantages 7#a7 ,in general ,acts by a packer1 swine contractor1 or live poultry dealer that violate subsection 7a77#b7 include the following3 7,a7 ,a retaliatory action 7including coercion or intimidation7 or the threat of retaliatory action-- 7i7 in connection with the execution1 termination1 extension1 or renewal of a contract or agreement with a livestock producer1 swine production contract grower1 or poultry grower aimed to discourage the exercise of the rights of the livestock producer1 swine production contract grower1 or poultry grower under this ,act or any other law2 and 7ii7 in response to lawful communication 7including as described in paragraph 7#b771 association1 or assertion of rights by a livestock producer1 swine production contract grower1 or poultry grower4 7,b7 ,use of the tournament system for poultry as described in paragraph 7#c74 7#b7 ,lawful communication described ,a lawful communication referred to in paragraph 7#a77;,a77ii7 includes-- 7,a7 a communication with officials of a ,federal agency or ,members of ,congress2 7,b7 any lawful disclosure that demonstrates a reasonable belief of a violation of this ,act or any other law2 and 7,c7 any other communication that assists in carrying out the purposes of this ,act4 7#c7 ,use of tournament system for poultry 7,a7 ,in general ,subject to subparagraph 7,b71 a live poultry dealer shall be in violation of subsection 7a77#b7 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 dealer4 7,b7 ,exception ,under subparagraph 7,a71 a live poultry dealer shall not be found in violation of subsection 7a77#b7 if the live poultry dealer demonstrates through clear and convincing evidence that the inputs and services described in subparagraph 7,c7 that were used in the comparative evaluation were substantially the same in quality1 quantity1 and timing1 as applicable1 for all poultry growers in the tournament group4 7,c7 ,inputs and services described ,the inputs and services referred to in subparagraph 7,b7 include1 with respect to poultry growers in the same tournament group-- 7i7 the quantity1 breed1 sex1 and age of chicks delivered to each poultry grower2 7ii7 the breed and age of the breeder flock from which chicks are drawn for each poultry grower2 7iii7 the quality1 type 7such as starter feed71 and quantity of feed delivered to each poultry grower2 7iv7 the quality of and access to medications for the birds of each poultry grower2 7v7 the number of birds in a flock delivered to each poultry grower2 7vi7 the timing of the pick-up of birds for processing 7including the age of the birds and the number of days that the birds are in the care of the poultry grower7 for each poultry grower2 7vii7 the death loss of birds during pick-up1 transport1 and time spent at the processing plant for each poultry grower2 7viii7 condemnations of parts of birds due to actions in processing for each poultry grower2 7ix7 condemnations of whole birds due to the fault of the poultry grower2 7x7 the death loss of birds due to the fault of the poultry grower2 7xi7 the stated reasons for the cause of the death losses and condemnations described in clauses 7vii7 through 7x72 7xii7 the type and classification of each poultry grower2 and 7xiii7 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 grower4 7d7 ,harm to competition not required ,in determining whether an act1 device1 or conduct is a violation under paragraph 7#a7 or 7#b7 of subsection 7a71 a finding that the act1 device1 or conduct adversely affected or is likely to adversely affect competition is not required4 4 7b7 ,effective date 7#a7 ,in general ,subject to paragraph 7#b71 paragraph 7#h7 of section #bjb7;a7 of the ,packers and ,stockyards ,act1 #aiba 7#g ,u4,s4,c4 #aib7 7as designated by subsection 7a77#b771 shall take effect on the date of enactment of this ,act4 7#b7 ,transition rules ,in the case of a packer that1 on the date of enactment of this ,act1 owns1 feeds1 or controls livestock intended for slaughter in violation of paragraph 7#h7 of section #bjb7;a7 of the ,packers and ,stockyards ,act1 #aiba 7#g ,u4,s4,c4 #aib7 7as designated by subsection 7a77#b771 that paragraph shall take effect-- 7,a7 in the case of a packer of swine1 beginning on the date that is #ah months after the date of enactment of this ,act2 and 7,b7 in the case of a packer of any other type of livestock1 beginning not later than #ahj days after the date of enactment of this ,act1 as determined by the ,secretary4 #bjf4 ,spot market purchases of livestock by packers ,the ,packers and ,stockyards ,act1 #aiba1 is amended by inserting after section #bjb 7#g ,u4,s4,c4 #aib7 the following3 #bjb;,a4 ,spot market purchases of livestock by packers 7a7 ,definitions ,in this section3 7#a7 ,covered packer 7,a7 ,in general ,the term covered packer means a packer that is required under subtitle ,b of the ,agricultural ,marketing ,act of #aidf 7#g ,u4,s4,c4 #afce et seq47 to report to the ,secretary each reporting day information on the price and quantity of livestock purchased by the packer4 7,b7 ,exclusion ,the term covered packer does not include a packer that owns only #a livestock processing plant4 7#b7 ,nonaffiliated producer ,the term nonaffiliated producer means a producer of livestock-- 7,a7 that sells livestock to a packer2 7,b7 that has less than #a percent equity interest in the packer2 7,c7 that has no officers1 directors1 employees1 or owners that are officers1 directors1 employees1 or owners of the packer2 7,d7 that has no fiduciary responsibility to the packer2 and 7,e7 in which the packer has no equity interest4 7#c7 ,spot market sale 7,a7 ,in general ,the term spot market sale means a purchase and sale of livestock by a packer from a producer-- 7i7 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 into2 7ii7 under which the livestock are slaughtered not more than #g days after the date on which the agreement is entered into2 and 7iii7 under circumstances in which a reasonable competitive bidding opportunity exists on the date on which the agreement is entered into4 7,b7 ,reasonable competitive bidding opportunity ,for the purposes of subparagraph 7,a77iii71 a reasonable competitive bidding opportunity shall be considered to exist if-- 7i7 no written or oral agreement precludes the producer from soliciting or receiving bids from other packers2 and 7ii7 no circumstance1 custom1 or practice exists that-- 7,i7 establishes the existence of an implied contract 7as determined in accordance with the ,uniform ,commercial ,code72 and 7,,ii7 precludes the producer from soliciting or receiving bids from other packers4 7b7 ,general rule ,of the quantity of livestock that is slaughtered by a covered packer during each reporting day in each plant1 the covered packer shall slaughter not less than the applicable percentage specified in subsection 7c7 of the quantity through spot market sales from nonaffiliated producers4 7c7 ,applicable percentages 7#a7 ,in general ,except as provided in paragraph 7#b71 the applicable percentage shall be #ej percent4 7#b7 ,exceptions ,in the case of a covered packer that reported to the ,secretary in the #bjah annual report that more than #fj percent of the livestock of the covered packer were committed procurement livestock1 the applicable percentage shall be the greater of-- 7,a7 the difference between the percentage of committed procurement so reported and #ajj percent2 and 7,b7 7i7 during each of calendar years #bjbj and #bjba1 #bj percent2 7ii7 during each of calendar years #bjbb and #bjbc1 #cj percent2 and 7iii7 during calendar year #bjbd and each calendar year thereafter1 #ej percent4 7d7 ,nonpreemption ,this section does not preempt 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 purchased by the covered packer than is required under this section4 4 #bjg4 ,investigation of live poultry dealers 7a7 ,administrative enforcement authority over live poultry dealers ,sections #bjc1 #bjd1 and #bje of the ,packers and ,stockyards ,act1 #aiba 7#g ,u4,s4,c4 #aic1 #aid1 #aie71 are amended by inserting 1 live poultry dealer1 after packer each place it appears4 7b7 ,authority ,to request temporary injunction or restraining order ,section #djh7;a7 of the ,packers and ,stockyards ,act1 #aiba 7#g ,u4,s4,c4 #bbh;a7a771 is amended by inserting or poultry care after on account of poultry4 7c7 ,violations by live poultry dealers ,section #daa of the ,packers and ,stockyards ,act1 #aiba 7#g ,u4,s4,c4 #bbh;b-#b71 is amended-- 7#a7 in subsection 7a71 in the first sentence1 by striking any provision of section #bjg or section #daj of2 and 7#b7 in subsection 7b71 in the first sentence1 by striking any provisions of section #bjg or section #daj and inserting any provision4 #bjh4 ,award of attorney fees ,section #bjd of the ,packers and ,stockyards ,act1 #aiba 7#g ,u4,s4,c4 #aid71 is amended by adding at the end the following3 7i7 ,attorney's fee ,the court shall award a reasonable attorney's fee as part of the costs to a prevailing plaintiff in a civil action under this section4 4 #bji4 ,technical amendments 7a7 ,section #bjc of the ,packers and ,stockyards ,act1 #aiba 7#g ,u4,s4,c4 #aic71 is amended-- 7#a7 in subsection 7a71 in the first sentence-- 7,a7 by striking he shall cause and inserting the ,secretary shall cause2 and 7,b7 by striking his charges and inserting the charges2 7#b7 in subsection 7b71 in the first sentence1 by striking he shall make a report in writing in which he shall state his findings and inserting the ,secretary shall make a report in writing in which the ,secretary shall state the findings of the ,secretary2 and 7#c7 in subsection 7c71 by striking he and inserting the ,secretary4 7b7 ,section #bjd of the ,packers and ,stockyards ,act1 #aiba 7#g ,u4,s4,c4 #aid71 is amended-- 7#a7 in subsection 7a71 by striking he has his and inserting the packer1 live poultry dealer1 or swine contractor has the2 7#b7 in subsection 7c71 by striking his officers1 directors1 agents1 and employees and inserting the officers1 directors1 agents1 and employees of the packer1 live poultry dealer1 or swine packer2 7#c7 in subsection 7f71 in the second sentence-- 7,a7 by striking his findings and inserting the findings of the ,secretary2 and 7,b7 by striking he and inserting the ,secretary2 and 7#d7 in subsection 7g71 by striking his officers1 directors1 agents1 and employees and inserting the officers1 directors1 agents1 and employees of the packer1 live poultry dealer1 or swine packer4 ,,iii ,,gao reports #cja4 ,review and report on fragility and national security in the food system 7a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall carry out1 and submit to ,congress a report containing1 a review of the fragility of the food system in the ,united ,states with respect to meat and poultry4 7b7 ,requirements ,the report under subsection 7a7 shall include information on1 and an analysis of-- 7#a7 the reach of corporate consolidation and corporate control of the meat and poultry supply chain1 including animal feed1 inputs for animal feed1 processing1 and distribution2 7#b7 the effects of corporate consolidation and corporate control of the meat and poultry supply chain on-- 7,a7 consumers1 farmers1 rural communities1 and meat and poultry processing workers2 7,b7 greenhouse gas emissions1 climate change1 and costs borne by communities to adapt to climate change2 7,c7 water quality1 soil quality1 air quality1 and biodiversity2 and 7,d7 politics and political lobbying2 7#c7 7,a7 the extent to which ,department of ,agriculture rules and regulations designed for large covered establishments are applied to small- and medium-sized covered establishments2 and 7,b7 the need for the ,secretary of ,agriculture to adapt rules and regulations to benefit small- and medium-sized covered establishments2 7#d7 the effects of the ,,covid-#ai pandemic on meat and poultry exports1 meat and poultry cold storage inventories1 processing rates of meat and poultry1 and the net profits earned by owners of covered establishments2 7#e7 the effect of the ,,covid-#ai pandemic on meat and poultry prices paid-- 7,a7 to farmers2 and 7,b7 by consumers2 7#f7 ,federal support for the corporations that control the largest percentage of the meat and poultry industry through contracts1 procurement1 subsidies1 and other mechanisms2 7#g7 the risk of disruption caused by corporate consolidation among covered establishments1 including an analysis of food supply chain issues resulting from the ,,covid-#ai pandemic2 and 7#h7 the extent to which breaking up the meat packing oligopoly would increase food system resiliency for the next pandemic4 #cjb4 ,review and report on racial and ethnic disparities in meat and poultry processing ,not later than #ahj days after the date of enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall carry out1 and submit to ,congress1 a report on racial and ethnic disparities in the meat and poultry processing sector4 ,such report shall contain a review of each of the following3 7#a7 ,the impacts of working in covered establishments to individuals working at such establishments who are employees1 temporary workers1 incarcerated workers1 noncitizen workers admitted to the ,united ,states as nonimmigrants described in section #aja7;a77#ae77;,h77ii77b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae77;,h77ii77b77 or as refugees under section #bjg of that ,act 7#h ,u4,s4,c4 #aaeg71 or noncitizen workers who are not lawfully present in the ,united ,states4 ,such review shall include a review of-- 7,a7 workplace injuries1 including repetitive musculoskeletal injuries1 of such individuals2 7,b7 psychological and mental health conditions of such individuals2 7,c7 exposure of such individuals to chemicals or other potential carcinogens and reproductive toxins2 7,d7 any physical or mental abuse1 including sexual harassment1 of such individuals by co-workers or managers2 7,e7 the risk of exposure to ,,sars-,co,v-#b for such individuals2 7,f7 the extent to which such individuals are unable to seek appropriate relief for workplace injuries1 abuse1 and protection from exposure to ,,sars-,co,v-#b during the ,,covid-#ai emergency for fear of retaliation2 and 7,g7 ,,covid-#ai deaths and illnesses of such individuals1 including the short- and long-term effects of ,,covid-#ai for such individuals4 7#b7 ,the racial demographics and use of temporary workers to outsource the responsibility of covered establishments to provide a safe workplace4 7#c7 ,the racial demographics and use of incarcerated workers in covered establishments1 including-- 7,a7 the extent to which such workers have a choice in working at covered establishments2 7,b7 the use of such workers to outsource the responsibility of covered establishments to provide a safe workplace2 7,c7 the use of such workers to outsource the responsibility of covered establishments to provide fair compensation2 and 7,d7 the use of such workers by covered establishments to externalize employee cost4 7#d7 ,the racial demographics and use of noncitizen workers admitted to the ,united ,states as nonimmigrants described in section #aja7;a77#ae77;,h77ii77b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae77;,h77ii77b77 or as refugees under section #bjg of that ,act 7#h ,u4,s4,c4 #aaeg7 at covered establishments1 including-- 7,a7 the extent to which predatory practices1 such as limiting the ability of such workers to choose and move between competing organizations1 are utilized by covered establishments with respect to such workers2 7,b7 the extent to which such workers are unable to speak out for fear of retaliation2 and 7,c7 the extent to which there is full transparency about the nature of employment of such workers prior to being hired4 7#e7 ,the racial demographics and use of noncitizen workers who are not lawfully present in the ,united ,states at covered establishments1 including-- 7,a7 the extent to which such workers are unable to speak out for fear of retaliation2 and 7,b7 whether any collusion between ,federal immigration offices and covered establishments have the effect of intimidating and silencing such workers4 #cjc4 ,,gao report on line speeds 7a7 ,in general ,not later than #ij days after the end of the covered period1 the ,comptroller ,general of the ,united ,states shall carry out1 and submit to ,congress a report containing1 a review of the actions taken by the ,secretary1 the ,secretary of ,labor1 and the ,secretary of ,health and ,human ,services in response to the ,,covid-#ai pandemic to determine the effectiveness of those actions in protecting animal1 food1 and worker safety4 7b7 ,contents ,the review carried out under subsection 7a7 shall include information on1 and an analysis of1 with respect to covered establishments-- 7#a7 all policies and regulations relating to inspection of those establishments that have been implemented by the ,secretary1 the ,secretary of ,labor1 and the ,secretary of ,health and ,human ,services during the ,,covid-#ai emergency and the covered period2 7#b7 the pandemic emergency preparedness plans of those establishments2 7#c7 the extent to which those establishments have implemented guidance and recommendations to space workers #f feet apart on production lines and in break rooms1 locker rooms1 and all other workspaces2 7#d7 the extent to which those establishments maintain policies and procedures that discourage workers from reporting exposure1 seeking treatment1 or remaining in isolation1 including-- 7,a7 bonus or work incentive programs2 and 7,b7 sick leave that does not cover the full pay of a worker2 7#e7 the extent to which those establishments provide communications and training about ,,covid-#ai in a language and at a literacy level workers understand2 7#f7 7,a7 the quantity and quality of face masks and personal protective equipment1 such as face shields and respirators1 made available to workers at those establishments2 7,b7 whether the face masks and personal protective equipment are provided to the workers free of charge2 and 7,c7 usage of the face masks and personal protective equipment by the workers2 7#g7 any guidance provided to inspectors of those establishments by the ,secretary1 the ,secretary of ,labor1 or the ,secretary of ,health and ,human ,services during the ,,covid-#ai emergency2 7#h7 actions taken by the ,secretary1 the ,secretary of ,labor1 and the ,secretary of ,health and ,human ,services to protect workers1 animals1 and food at establishments that have reported cases of ,,covid-#ai2 7#i7 all humane handling reports issued1 and enforcement actions taken1 by the ,secretary during the ,,covid-#ai emergency pursuant to-- 7,a7 ,public ,law #he-gfe 7commonly known as the ,humane ,methods of ,slaughter ,act of #aieh7 7#g ,u4,s4,c4 #aija et seq472 and 7,b7 good commercial practices regulations promulgated under the ,poultry ,products ,inspection ,act 7#ba ,u4,s4,c4 #dea et seq472 7#aj7 the impact of faster line speeds on the ability of those establishments to maintain protections for workers2 7#aa7 any instance of interference by a ,federal agency with the contents of any report of findings based on a review of a covered establishment experiencing an outbreak of ,,covid-#ai conducted by personnel of the ,centers for ,disease ,control and ,prevention2 and 7#ab7 any instance of interference by a ,federal agency with the recommended actions of a ,state or local health department to close a covered facility experiencing ,,covid-#ai-related deaths and disease4