,,ii #aahth ,,congress #ast ,session ,s4 #bgb ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,february #b1 #bjbc,mr4 ,booker 7for himself1 ,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 establish the ,office of ,high-,risk ,,afo ,disaster ,mitigation and ,enforcement in the ,department of ,agriculture1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,industrial ,agriculture ,accountability ,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 ,definition of ,secretary4,sec4 #c4 ,findings4,,title ,i--,high-risk ,,afo disaster mitigation and enforcement,sec4 #aja4 ,definitions4,subtitle ,a--,department of ,agriculture,sec4 #aaa4 ,office of ,high-,risk ,,afo ,disaster ,mitigation and ,enforcement4,sec4 #aab4 ,registration of high-risk ,a,f,os4,sec4 #aac4 ,covered industrial operator responsibilities and liabilities4,sec4 #aad4 ,restriction on certain methods of depopulation4,sec4 #aae4 ,reports4,sec4 #aaf4 ,civil actions4,subtitle ,b--,department of ,labor,sec4 #aba4 ,definitions4,sec4 #abb4 ,minimum labor standards for covered workers and affected contract growers4,sec4 #abc4 ,prohibition on the use of incarcerated workers4,,title ,,ii--,grant and pilot programs,sec4 #bja4 ,definitions4,sec4 #bjb4 ,controlled-atmosphere stunning transition program4,sec4 #bjc4 ,pilot program for increased accessibility to inspection and technical assistance for eligible processing facilities4,,title ,,iii--,humane handling reforms,subtitle ,a--,transport,sec4 #caa4 ,transportation of livestock and poultry4,sec4 #cab4 ,higher-welfare transport research funding4,subtitle ,b--,nonambulatory livestock,sec4 #cba4 ,unlawful slaughter practices involving nonambulatory livestock4,sec4 #cbb4 ,unlawful use of drugs contributing to nonambulatory conditions4,sec4 #cbc4 ,inclusion of poultry in ,humane ,methods of ,slaughter ,act4,subtitle ,c--,inspections,sec4 #cca4 ,definitions4,sec4 #ccb4 ,ending dangerous higher-speed slaughter and self-inspection systems4,sec4 #ccc4 ,funding for additional ,,osha inspectors4,sec4 #ccd4 ,funding for additional ,,fsis inspectors4 #b4 ,definition of ,secretary ,in this ,act1 the term ,secretary means the ,secretary of ,agriculture4 #c4 ,findings ,congress finds that-- 7#a7 factory farms owned or controlled by industrial operators-- 7,a7 lack systemic resilience2 7,b7 present significant risks1 particularly in the event of a disaster2 and 7,c7 negatively impact-- 7i7 farmed animals1 who suffer tremendously from cruel depopulation methods and without meaningful disaster mitigation efforts2 7ii7 meat and poultry processing workers1 who are subjected to exploitative conditions and abusive behavior by employers in depopulation situations-- 7,i7 including-- 7aa7 being required to spend long hours1 over days or weeks1 mass-killing farmed animals2 and 7bb7 being terminated following the completion of a depopulation event1 without financial support2 and 7,,ii7 that lead to long-term psychological impacts1 including increased feelings of anger and stress2 and 7iii7 neighboring communities and the environment1 including through-- 7,i7 flood waters overrunning manure lagoons resulting in ecological degradation in the form of soil1 surface1 and groundwater contamination2 7,,ii7 algae blooms2 and 7,,iii7 wildlife population crashes2 7#b7 7,a7 since #bjai1 more than #fj1jjj1jjj poultry and #aj1jjj1jjj swine have been depopulated2 and 7,b7 those massive cullings are often conducted using incredibly inhumane practices including ventilation shutdown1 ventilation shutdown plus1 sodium nitrite poisoning1 and water-based foaming 7as those terms are defined in section #aad7;a772 7#c7 since #bjai1 industrial operators put slaughterhouse workers in jeopardy and cost taxpayers millions of dollars2 7#d7 industrial operators continue to experience record profits1 including a #cjj-percent growth in profits during the ,,covid-#ai pandemic2 7#e7 industrial operators have created a system that allows for the inhumane handling of nonambulatory livestock 7as defined in section #c7;a7 of ,public ,law #he-gfe 7commonly known as the ,humane ,methods of ,slaughter ,act of #aieh77 that causes needless suffering1 unsafe working conditions1 and the spread of foodborne and zoonotic diseases2 7#f7 industrial operators have abused the use of certain drugs that increase the risk of livestock becoming nonambulatory livestock 7as so defined72 7#g7 slaughterhouse deregulation and decreased ,federal oversight of meat and poultry slaughter pose significant risks to workers1 consumers1 and animals2 7#h7 ,federal humane slaughter laws currently exempt #ih percent of animals slaughtered for food2 7#i7 current ,federal animal transport laws are ineffective and inherently cruel2 and 7#aj7 ,federal support is needed to create a level playing field for farmers engaged in higher-welfare practices who are struggling to compete in a highly monopolized market controlled by industrial operators4 ,i ,high-risk ,,afo disaster mitigation and enforcement #aja4 ,definitions ,in this title3 7#a7 ,animal feeding operation2 ,,afo 7,a7 ,in general ,the term animal feeding operation or ,,afo means a single lot or facility at which-- 7i7 for not less than a total of #de days in any #ab-month period1 animals 7other than aquatic animals7 are-- 7,i7 stabled or confined2 and 7,,ii7 fed or maintained2 and 7ii7 crops1 vegetation1 forage growth1 or postharvest residues are not sustained in the normal growing season over any portion of the lot or facility4 7,b7 ,multiple lots ,for purposes of subparagraph 7,a71 #b or more lots or facilities described in that subparagraph shall be considered to be a single animal feeding operation if the lots or facilities-- 7i7 are located within #c miles of each other2 and 7ii7 are under common ownership or control4 7,c7 ,exclusion ,the term animal feeding operation or ,,afo does not include a pasture-based livestock or poultry production system in which animals-- 7i7 are primarily raised on pasture1 grassland1 or other vegetative environments2 7ii7 have the ability to exercise species-specific natural behaviors2 and 7iii7 have access to appropriate shelter1 healthy vegetation1 potable water1 and adequate protection from predators4 7#b7 ,covered industrial operator ,the term covered industrial operator means an individual or entity that owns or controls not less than the following number of livestock or poultry1 as applicable1 that are housed in an ,,afo at a single point in time3 7,a7 #b1ejj swine4 7,b7 #cj1jjj turkeys or ducks4 7,c7 #hb1jjj laying hens or broilers4 7#c7 ,depopulation ,the term depopulation means the rapid destruction of a population of animals in response to urgent circumstances4 7#d7 ,disaster event ,the term disaster event means-- 7,a7 a 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;d72 7,b7 a major disaster declared by the ,president under section #dja of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eagj72 7,c7 a disaster designated by the ,secretary pursuant to part #gei of title #g1 ,code of ,federal ,regulations 7or successor regulations72 and 7,d7 a quarantine designated by the ,secretary pursuant to the ,plant ,protection ,act 7#g ,u4,s4,c4 #ggja et seq47 or animal quarantine laws4 7#e7 ,high-risk ,,afo ,the term high-risk ,,afo means an ,,afo that houses livestock or poultry owned or controlled by a covered industrial operator4 7#f7 ,office ,the term ,office means the ,office of ,high-,risk ,,afo ,disaster ,mitigation and ,enforcement established under section #aaa4 ,a ,department of ,agriculture #aaa4 ,office of ,high-,risk ,,afo ,disaster ,mitigation and ,enforcement ,the ,secretary shall establish an office within the ,department of ,agriculture1 to be known as the ,office of ,high-,risk ,,afo ,disaster ,mitigation and ,enforcement1 which shall carry out or enforce1 as applicable1 sections #aab through #aae4 #aab4 ,registration of high-risk ,a,f,os 7a7 ,registration requirement 7#a7 ,in general ,a covered industrial operator shall be required to register with the ,office prior to selling1 buying1 or transferring livestock1 poultry1 or any product derived from livestock or poultry across ,state lines4 7#b7 ,information ,in registering with the ,office under paragraph 7#a71 a covered industrial operator shall submit to the ,office-- 7,a7 identifying information about the covered industrial operator1 including the location1 animal type1 and peak inventory animal totals for all high-risk ,a,f,os owned or controlled by the covered industrial operator2 and 7,b7 a standard disaster mitigation plan that includes-- 7i7 a description of the type1 location1 and extent of all potential disaster events that can affect livestock or poultry housed in a high-risk ,,afo1 including information on previous occurrences of disaster events and the probability of future disaster events2 7ii7 a plan to ensure that animals do not go without necessary resources such as shelter1 food1 and water during an extreme weather event2 7iii7 a plan to increase flexibility and resiliency1 including-- 7,i7 identifying ways to house animals past their intended slaughter date2 and 7,,ii7 alternative slaughter and processing arrangements1 including contracting with small-scale ,department of ,agriculture1 ,state-certified1 or mobile operations with existing capacity1 in the event of supply chain disruptions2 7iv7 a plan for accessing necessary resources1 personal protective equipment1 and labor to carry out depopulation in ways that most rapidly render animals unconscious in the event that depopulation is unavoidable2 7v7 a plan for disposal of any deceased animals that-- 7,i7 satisfies requirements under all relevant ,federal1 ,state1 and local environmental and public health laws2 and 7,,ii7 does not rely on unlined burial or onsite incineration2 and 7vi7 other information1 as determined appropriate by the ,secretary4 7#c7 ,annual submission ,a covered industrial operator that is registered with the ,office pursuant to this subsection shall submit to the ,office the information described in paragraph 7#b7 on an annual basis4 7#d7 ,restricted funds for plan ,a covered industrial operator shall not1 in developing a standard disaster mitigation plan described in paragraph 7#b77;,b71 use any ,federal funds1 including funds provided under the environmental quality incentive program under subchapter ,a of chapter #d of subtitle ,d of title ,,xii of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chci;aa et seq474 7b7 ,disaster mitigation maintenance fee 7#a7 ,in general ,a covered industrial operator registered under subsection 7a7 shall pay to the ,office an annual fee by ,january #ae of each year for each high-risk ,,afo owned or controlled by the covered industrial operator4 7#b7 ,total amount of fees ,the amount of the fee required under paragraph 7#a7-- 7,a7 shall be determined by the ,secretary in a manner that will ensure that the total amount of fees collected for each fiscal year shall sufficiently fund the activities of the ,office for that fiscal year2 but 7,b7 shall not be less than #a per animal unit 7as defined by the ,administrator of the ,environmental ,protection ,agency7 for each fiscal year4 7#c7 ,restriction ,a covered industrial operator may not reduce wages or grower payments in order to derive the amount of the fee required under paragraph 7#a74 7c7 ,high-,risk ,,afo ,disaster ,mitigation and ,enforcement ,fund 7#a7 ,establishment ,there is established in the ,treasury of the ,united ,states a fund1 to be known as the ,high-,risk ,,afo ,disaster ,mitigation and ,enforcement ,fund 7referred to in this subsection as the ,fund74 7#b7 ,source2 use ,all moneys derived from fees collected by the ,office under subsection 7b7 shall be deposited in the ,fund and made available to the ,secretary1 without fiscal year limitation1 to offset costs relating to-- 7,a7 the administrative costs associated with operating the ,office and technical assistance offered by staff of the ,office2 7,b7 creating the national stockpile pursuant to section #aad7;c77#b72 7,c7 enforcement actions against covered industrial operators that do not comply with this subtitle2 and 7,d7 any other activities determined by the ,secretary4 #aac4 ,covered industrial operator responsibilities and liabilities ,a covered industrial operator shall be responsible and liable for1 with respect to each high-risk ,,afo owned or controlled by the covered industrial operator1 all costs associated with activities related to disaster events or depopulation of livestock or poultry1 including-- 7#a7 procuring resources for depopulation of livestock or poultry1 including from the national stockpile described in section #aad7;c77#b72 7#b7 disposal of deceased animals that-- 7,a7 satisfies requirements under all relevant ,federal1 ,state1 and local environmental and public health laws2 and 7,b7 does not rely on unlined burial or onsite incineration2 7#c7 compensation for contract growers and workers1 as provided in subtitle ,b2 7#d7 compensation for any adverse health impacts1 property value diminution1 and loss of use and enjoyment of property suffered by neighboring residents of the high-risk ,,afo2 and 7#e7 other costs determined by the ,secretary4 #aad4 ,restriction on certain methods of depopulation 7a7 ,definitions ,in this section3 7#a7 ,restricted practice ,the term restricted practice means-- 7,a7 sodium nitrite poisoning2 7,b7 ventilation shutdown2 7,c7 ventilation shutdown plus2 7,d7 water-based foaming2 and 7,e7 any other method identified by the ,secretary4 7#b7 ,sodium nitrite poisoning ,the term sodium nitrite poisoning means a method of animal depopulation that involves feeding the toxic substance sodium nitrite to animals1 causing changes to the blood that prevent delivery of oxygen to tissues and result in prolonged respiratory distress prior to loss of consciousness4 7#c7 ,ventilation shutdown ,the term ventilation shutdown means a method of animal depopulation that involves sealing a building in which animals are confined1 shutting inlets1 and turning off fans in order to raise the temperature in the building until the animals die from hyperthermia or hypoxia1 including ventilation shutdown plus4 7#d7 ,ventilation shutdown plus ,the term ventilation shutdown plus means a ventilation shutdown method that involves the use of additional heat or humidity4 7#e7 ,water-based foaming ,the term water-based foaming means a method of animal depopulation that involves pumping foam concentrate combined with water into a building in which animals are confined until the animals die from hypoxia4 7b7 ,restrictions2 civil penalty ,notwithstanding any other provision of law1 beginning #a year after the date of enactment of this ,act1 a covered industrial operator that uses #a or more restricted practices for any event of depopulation of livestock or poultry on a high-risk ,,afo owned or controlled by the covered industrial operator1 as determined by the ,office-- 7#a7 shall not be eligible for any ,federal contract for a period of #aj years beginning on that date2 7#b7 shall not be eligible for inspection of any facility owned or controlled by the covered industrial operator pursuant to the ,federal ,meat ,inspection ,act 7#ba ,u4,s4,c4 #fja et seq47 or the ,poultry ,products ,inspection ,act 7#ba ,u4,s4,c4 #dea et seq471 as applicable1 for a period of #aj years beginning on that date2 and 7#c7 shall be assessed a civil penalty of up to #a1jjj per animal per act of depopulation1 with consideration given to the appropriateness of the penalty with respect to the gravity of the violation and the good faith of the covered industrial operator4 7c7 ,standards and resources ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall issue a final rule-- 7#a7 to establish depopulation standards that rapidly induce unconsciousness and death with minimal pain and distress2 and 7#b7 to coordinate a national stockpile of resources-- 7,a7 to carry out depopulation activities during a disaster event in a way that rapidly induces unconsciousness and death of the animals with minimal pain and distress2 and 7,b7 using funds from the ,high-,risk ,,afo ,disaster ,mitigation and ,enforcement ,fund established by section #aab7;c77#a74 #aae4 ,reports 7a7 ,reports to ,secretary ,not later than #c business days after completing any depopulation of any animals1 a covered industrial operator performing or requiring such depopulation shall submit to the ,secretary a report on that depopulation instance that specifies-- 7#a7 the #a or more dates on which1 and location at which1 the depopulation and disposal of the animals occurred2 7#b7 the total number1 species1 breed1 and intended product of the depopulated animals2 7#c7 the depopulation and disposal methods utilized2 7#d7 any monitoring1 testing1 or sampling protocol put in place to monitor releases of environmental contaminants from the disposal location2 7#e7 a summary of any assets utilized or received from the national stockpile established pursuant to section #aad7;c77#b71 as applicable2 7#f7 documentation of compliance or noncompliance with the standard disaster mitigation plan described in section #aab7;a77#b77;,b7 of the covered industrial operator2 and 7#g7 the cost associated with the depopulation and disposal1 including labor4 7b7 ,publicly searchable database ,the ,secretary1 acting through the ,office1 shall develop and make publicly available an electronically searchable and sortable online database that contains information-- 7#a7 reported under subsection 7a72 and 7#b7 submitted by covered industrial operators registering under section #aab4 #aaf4 ,civil actions 7a7 ,in general ,any person may-- 7#a7 bring a civil action against a covered industrial operator or the ,secretary in an appropriate court to redress any violation of this subtitle or any other law relating to the activities described in this subtitle2 and 7#b7 obtain appropriate relief in that civil action1 including equitable relief and compensatory damages4 7b7 ,attorney's fees for plaintiff ,the court shall award a reasonable attorney's fee as part of the costs to a prevailing plaintiff in a civil action described in subsection 7a74 ,b ,department of ,labor #aba4 ,definitions ,in this subtitle3 7#a7 ,affected contract grower ,the term affected contract grower means an owner of an ,,afo-- 7,a7 that raises livestock or poultry pursuant to a written contract1 marketing arrangement1 or other arrangement1 with a covered industrial operator2 and 7,b7 whose ,,afo is impacted by a disaster mitigation event4 7#b7 ,affected contractor ,the term affected contractor means an individual or entity that supplies1 either with or without a contract1 a covered industrial operator with a worker to perform labor directly or indirectly related to a disaster mitigation event4 7#c7 ,covered worker 7,a7 ,in general ,the term covered worker-- 7i7 means an employee who performs labor in connection with a disaster mitigation event for a covered industrial operator2 and 7ii7 includes any employee of an affected contract grower1 or of another affected contractor1 of a covered industrial operator4 7,b7 ,additional terms ,in this paragraph1 the term employee means an individual performing any labor for a covered industrial operator1 including through an affected contract grower or other affected contractor1 unless-- 7i7 the individual is free from control and direction in connection with the performance of the labor1 both under the contract for the performance of labor and in fact2 7ii7 the labor is performed outside the usual course of the business of the covered industrial operator2 and 7iii7 the individual is customarily engaged in an independently established trade1 occupation1 profession1 or business of the same nature as that involved in the labor performed4 7#d7 ,disaster mitigation event ,the term disaster mitigation event means a disaster event affecting a covered industrial operator that triggers activities described in the disaster mitigation plan submitted by the covered industrial operator under section #aab7;a77#b77;,b74 #abb4 ,minimum labor standards for covered workers and affected contract growers 7a7 ,applicability ,a covered industrial operator that employs or contracts with covered workers1 affected contract growers1 or other affected contractors related to a disaster mitigation event shall comply with the labor standards described in subsection 7b74 7b7 ,labor standards ,the labor standards described in this subsection are the following3 7#a7 ,whistleblower protections ,a covered industrial operator shall not discharge1 cause to be discharged1 or in any other manner discriminate against any covered worker or affected contract grower because such covered worker or affected contract grower-- 7,a7 has filed any complaint or instituted or caused to be instituted any proceeding under or related to this section2 or 7,b7 has testified or is about to testify in any such proceeding4 7#b7 ,health insurance requirement ,during a disaster mitigation event and for a period of not less than #b years following the disaster mitigation event1 the covered industrial operator shall offer each covered worker and affected contract grower of the covered industrial operator a health plan that provides coverage that is at least equivalent to coverage provided by an essential health benefits package 7as defined in subsection 7a7 of section #acjb of the ,patient ,protection and ,affordable ,care ,act 7#db ,u4,s4,c4 #ahjbb77 at the silver level of coverage 7as defined in subsection 7d77#a77;,b7 of such section71 regardless of their employment status or contract with the covered industrial operator4 ,such covered industrial operator shall pay the full premium amount for such health plan for each such covered worker or affected contract grower who elects to enroll in such plan4 7#c7 ,severance pay for covered workers ,in the case of a disaster mitigation event1 the covered industrial operator shall provide any covered worker terminated by the covered industrial operator1 or by an affected contract grower or other affected contractor of the covered industrial operator impacted by the disaster mitigation event1 during the #fj-;day period following the disaster mitigation event with #ab weeks of severance pay1 at a weekly rate equal to the average weekly earnings of the covered worker during the disaster mitigation event4 7#d7 ,lost revenue for affected contract growers ,in any case in which a covered industrial operator terminates the contract of an affected contract grower following a disaster mitigation event1 the covered industrial operator shall provide an amount of lost revenue to the affected contract grower equal to the affected contract grower's revenue from the covered operator during the preceding #ahj days4 7c7 ,enforcement by the ,secretary of ,labor 7#a7 ,general authority ,the ,secretary of ,labor shall receive1 investigate1 and attempt to resolve complaints of violations of this section in the same manner that the ,secretary of ,labor receives1 investigates1 and attempts to resolve complaints of violations of sections #f1 #g1 and #ae7;a77#c7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjf1 #bjg1 and #bae7;a77#c771 including such ,secretary's authority to supervise payment of wages and compensation under section #af7;c7 of such ,act 7#bi ,u4,s4,c4 #baf7;c774 7#b7 ,civil penalties ,the ,secretary of ,labor may assess a civil penalty against a covered industrial operator that violates any provision of this section4 7#c7 ,monitoring compliance ,not later than #ij days after the date of enactment of this ,act1 the ,secretary of ,labor shall-- 7,a7 develop a process to monitor compliance with the standards under this section that requires covered industrial operators to provide information to demonstrate such compliance2 and 7,b7 issue rules to determine penalties for noncompliance with this section4 7#d7 ,notification of ,office ,the ,secretary of ,labor shall notify the ,office of any covered industrial operator that is determined to be noncompliant with the requirements of this section4 7d7 ,right of action for violations 7#a7 ,private right of action for violations ,an action to recover damages or obtain relief prescribed in paragraph 7#b7 may be maintained against any covered industrial operator in any ,federal or ,state court of competent jurisdiction by #a or more covered workers or affected contract growers for and on behalf of themselves and other similarly situated covered workers or affected contract growers4 7#b7 ,liability 7,a7 ,in general ,a covered industrial operator who violates this section shall be liable to each covered worker or affected contract grower that is aggrieved by the violation for-- 7i7 damages in the amount of unpaid wages1 salary1 overtime compensation1 or other compensation denied or lost by reason of the violation2 and 7ii7 an additional equal amount as liquidated damages4 7,b7 ,attorney's fees and costs ,in a civil action brought under paragraph 7#a7 in which the plaintiff prevails1 the court shall award the plaintiff reasonable attorney's fees and costs of the action4 7#c7 ,enforcement by the ,secretary of ,labor ,the ,secretary of ,labor may bring an action in any court of competent jurisdiction to recover damages or obtain relief described in paragraph 7#b7 on behalf of a covered worker or affected contract grower aggrieved by a violation of this section4 #abc4 ,prohibition on the use of incarcerated workers ,notwithstanding any other provision of law1 a covered industrial operator that the ,secretary of ,labor determines entered into a contract1 on or after the date of enactment of this ,act1 with any entity to utilize incarcerated workers to perform labor related to a disaster mitigation event shall not be eligible for-- 7#a7 any ,federal contracts for a period of #aj years beginning on the date of the determination2 and 7#b7 inspection of any facility owned or controlled by the covered industrial operator pursuant to the ,federal ,meat ,inspection ,act 7#ba ,u4,s4,c4 #fja et seq47 or the ,poultry ,products ,inspection ,act 7#ba ,u4,s4,c4 #dea et seq471 as applicable1 for a period of #aj years beginning on that date4 ,,ii ,grant and pilot programs #bja4 ,definitions ,in this title3 7#a7 ,controlled-atmosphere stunning ,the term controlled-atmosphere stunning means rendering poultry unconscious through exposure to a mixture of gas 7nitrogen and argon or concentrations of carbon dioxide7 before slaughter4 7#b7 ,eligible processing facility ,the term eligible processing facility means an eligible facility described in section #gfd of division ,n of the ,consolidated ,appropriations ,act1 #bjba 7#ba ,u4,s4,c4 #dgc71 that has a labor peace agreement in place4 7#c7 ,labor peace agreement ,the term labor peace agreement means an agreement-- 7,a7 between an employer and a labor organization that represents1 or is actively seeking to represent as of the date on which the labor peace agreement is entered1 the employees of the employer2 and 7,b7 under which such employer and such 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 will refrain from picketing1 work stoppages1 or boycotts against the employer2 7iii7 the employer will-- 7,i7 provide the labor organization with employee contact information2 and 7,,ii7 facilitate or permit 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 will1 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 7#d7 ,live-shackle slaughter ,the term live-shackle slaughter means the method of stunning poultry before slaughter by shackling the poultry upside down by their legs and moving the poultry through electrified baths meant to render the poultry unconscious4 #bjb4 ,controlled-atmosphere stunning transition program 7a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall establish a transition program to award grants to eligible processing facilities that process poultry to transition from live-shackle slaughter to controlled-atmosphere stunning4 7b7 ,eligibility ,as a condition of receipt of a grant under subsection 7a71 an eligible processing facility 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 7c7 ,funding ,there is appropriated1 out of any funds in the ,treasury not otherwise appropriated1 #gej1jjj1jjj to the ,secretary to carry out this section4 #bjc4 ,pilot program for increased accessibility to inspection and technical assistance for eligible processing facilities 7a7 ,in general ,the ,secretary shall carry out a #e-year pilot program within the ,meat and ,poultry ,inspection ,division of the ,food ,safety and ,inspection ,service-- 7#a7 to expand the availability of processing inspectors1 technical assistance1 and onsite inspection for eligible processing facilities1 including no-cost overtime inspections2 and 7#b7 to identify and train part-time inspectors and technical assistance providers4 7b7 ,professional experience ,the ,secretary shall determine the appropriate professional experience of inspectors and providers described in subsection 7a77#b71 which shall include individuals with expertise in veterinary medicine1 public health1 food service management1 and animal science1 as applicable4 7c7 ,funding ,there is authorized to be appropriated to the ,secretary not less than #ej1jjj1jjj to carry out this section4 ,,iii ,humane handling reforms ,a ,transport #caa4 ,transportation of livestock and poultry 7a7 ,transportation lasting more than #h hours 7#a7 ,in general ,section #hjejb of title #di1 ,united ,states ,code1 is amended-- 7,a7 in subsection 7a77#a71 by striking a rail carrier and all that follows through territory or possession1 and inserting a covered provider of transportation2 7,b7 in subsection 7b7-- 7i7 in paragraph 7#c71 by striking subsection 7a7 of this section and inserting subsection 7b72 7ii7 by redesignating paragraphs 7#a7 through 7#c7 as subparagraphs 7,a7 through 7,c71 respectively1 and indenting appropriately2 7iii7 in the matter preceding subparagraph 7,a7 7as so redesignated71 in the third sentence-- 7,i7 by striking the rail carrier and all that follows through a vessel and inserting the covered provider of transportation2 and 7,,ii7 by striking ,when the animals and inserting the following3 7#c7 ,responsibility of covered provider of transportation ,when the animals 2 7iv7 in the matter preceding paragraph 7#c7 7as so designated71 in the second sentence1 by striking ,the owner and inserting the following3 7#b7 ,responsibility of owner or person having custody ,the owner 2 and 7v7 in the matter preceding paragraph 7#b7 7as so designated71 by striking ,animals being and inserting the following3 7#a7 ,in general ,animals being 2 7,c7 in subsection 7d7-- 7i7 in the second sentence1 by striking ,on learning and inserting the following3 7#b7 ,civil action ,on learning 2 and 7ii7 in the first sentence1 by striking ,a rail carrier and all that follows through a vessel and inserting the following3 7#a7 ,in general ,a covered provider of transportation 2 7,d7 by redesignating subsections 7a7 through 7d7 as subsections 7b71 7c71 7g71 and 7f71 respectively1 and moving the subsections so as to appear in alphabetical order2 7,e7 by inserting before subsection 7b7 7as so redesignated7 the following3 7a7 ,definitions ,in this section3 7#a7 ,covered industrial operator 7,a7 ,in general ,the term covered industrial operator means an individual or entity that owns or controls a quantity of livestock or poultry that is not less than the quantity described in subparagraph 7,b7 for the applicable livestock or poultry4 7,b7 ,quantity of livestock or poultry in ,a,f,os ,the quantity of livestock or poultry referred to in subparagraph 7,a7 is #a or more of the following quantities of livestock or poultry housed in #a or more ,animal ,feeding ,operations at a single point in time3 7i7 #b1ejj swine4 7ii7 #cj1jjj turkeys or ducks4 7iii7 #hb1jjj laying hens or broilers4 7#b7 ,covered provider of transportation 7,a7 ,in general ,the term covered provider of transportation means an individual or entity described in subparagraph 7,b7 that is transporting animals from a place in a ,state1 the ,district of ,columbia1 or a territory or possession of the ,united ,states through or to a place in another ,state1 the ,district of ,columbia1 or a territory or possession of the ,united ,states4 7,b7 ,individuals and entities described ,an individual or entity referred to in subparagraph 7,a7 is-- 7i7 a rail carrier1 express carrier1 or common carrier 7except by air or water72 7ii7 a receiver1 trustee1 or lessee of a carrier described in clause 7i72 or 7iii7 an owner or master of a vessel4 7#c7 ,secretary ,the term ,secretary means the ,secretary of ,agriculture4 2 and 7,f7 by inserting after subsection 7c7 7as so redesignated7 the following3 7d7 ,transportation lasting more than #h hours 7#a7 ,in general ,in any case in which animals are transported by a covered provider of transportation on behalf of a covered industrial operator for a period lasting1 or expected to last1 more than #h consecutive hours1 the covered provider of transportation transporting the animals shall ensure that-- 7,a7 the means of transport provides adequate protection of the animals from high winds1 rain1 and snow2 7,b7 any livestock or poultry are provided with appropriate bedding or equivalent material that-- 7i7 prevents slipping2 7ii7 ensures a level of comfort appropriate to-- 7,i7 the species of the livestock or poultry2 7,,ii7 the number of animals being transported2 7,,iii7 the duration of the period of transportation2 and 7,,iv7 the weather2 and 7iii7 provides adequate absorption of urine and feces2 7,c7 the animals are not overcrowded during transport1 including by complying with the regulations promulgated under paragraph 7#b72 7,d7 the means of transport is equipped with a water supply that ensures that each animal has access to water in a manner and quantity appropriate to the species and size of the animal2 7,e7 watering devices on the means of transport are-- 7i7 in good working order2 7ii7 appropriately designed2 and 7iii7 positioned appropriately for the species of animal to be watered during transport2 and 7,f7 the animals are not transported when the temperature within the means of transport cannot be maintained between #dj degrees ,fahrenheit and #hf degrees ,fahrenheit4 7#b7 ,rulemaking 7,a7 ,in general ,the ,secretary shall promulgate regulations setting species-specific space allowances during periods of transportation lasting more than #h hours4 7,b7 ,requirements ,the regulations promulgated under subparagraph 7,a7 shall ensure that each species of animal has enough space-- 7i7 to turn around2 7ii7 to lie down2 and 7iii7 to fully extend the limbs of the animal4 7e7 ,recordkeeping 7#a7 ,in general ,each covered industrial operator shall maintain records of all livestock transported by the covered industrial operator4 7#b7 ,production of records ,a covered industrial operator shall provide the records maintained under paragraph 7#a7 to the ,secretary on request4 4 7#b7 ,effective date ,the amendments made by paragraph 7#a7 take effect on the date that is #a year after the date of enactment of this ,act4 7#c7 ,rulemaking ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall promulgate final regulations to implement the amendments made by paragraph 7#a74 7b7 ,modification of #bh-;,hour rule 7#a7 ,in general ,section #hjejb of title #di1 ,united ,states ,code 7as amended by subsection 7a771 is amended-- 7,a7 in subsection 7b7-- 7i7 in paragraph 7#a7-- 7,i7 by striking 7#a7 ,except as provided and inserting the following3 7#a7 ,in general ,except as otherwise provided 2 and 7,,ii7 by striking #bh and inserting #h2 7ii7 by striking paragraph 7#b7 and inserting the following3 7#b7 ,exceptions 7,a7 ,in general ,animals may be confined for more than #h hours when the animals cannot be unloaded because of accidental or unavoidable causes that could not have been anticipated or avoided when being careful4 7,b7 ,sheep ,sheep may be confined for an additional #h consecutive hours without being unloaded when the #h-;hour period of confinement described in paragraph 7#a7 ends at night4 2 and 7iii7 in paragraph 7#c71 by striking 7#c7 ,time and inserting the following3 7#c7 ,loading and unloading ,time 2 and 7,b7 by striking subsection 7g74 7#b7 ,effective date ,the amendments made by paragraph 7#a7 take effect on the date that is #aj years after the date of enactment of this ,act4 #cab4 ,higher-welfare transport research funding 7a7 ,definitions ,in this section3 7#a7 ,eligible research institution ,the term eligible research institution means-- 7,a7 an #ahfb ,institution 7as defined in section #b of the ,agricultural ,research1 ,extension1 and ,education ,reform ,act of #aiih 7#g ,u4,s4,c4 #gfja772 7,b7 an #ahij ,institution 7as defined in that section72 7,c7 a #aiid ,institution 7as defined in section #ecb of the ,equity in ,educational ,land-,grant ,status ,act of #aiid 7#g ,u4,s4,c4 #cja note2 ,public ,law #ajc-chb772 7,d7 a non-land-grant college of agriculture 7as defined in section #adjd of the ,national ,agricultural ,research1 ,extension1 and ,teaching ,policy ,act of #aigg 7#g ,u4,s4,c4 #cajc77 that has a demonstrable capacity to conduct livestock or poultry research1 as determined by the ,secretary2 7,e7 ,hispanic-serving agricultural colleges and universities 7as defined in that section72 and 7,f7 a center of excellence recognized under section #afgc of the ,food1 ,agriculture1 ,conservation1 and ,trade ,act of #aiij 7#g ,u4,s4,c4 #eibf74 7#b7 ,higher-welfare transport ,the term higher-welfare transport means the handling1 loading1 and transport mechanisms by which livestock and poultry are transported1 at any time1 which take into account animal welfare and species-specific requirements to ensure that-- 7,a7 animal welfare is maintained throughout transport2 and 7,b7 animals are spared unnecessary distress or injury4 7b7 ,grant program ,the ,secretary shall establish a program to provide grants to eligible research institutions to study higher-welfare transport4 7c7 ,applications ,to be eligible for a grant under this section1 an eligible research institution shall submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary may require4 7d7 ,requirements ,in carrying out the program established under subsection 7b71 the ,secretary shall ensure that none of the grant funding may be used to perform any experiment that would not comply with current transport law4 7e7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary to carry out this section #ej1jjj1jjj for each of fiscal years #bjbd through #bjbf4 ,b ,nonambulatory livestock #cba4 ,unlawful slaughter practices involving nonambulatory livestock 7a7 ,in general ,public ,law #he-gfe 7commonly known as the ,humane ,methods of ,slaughter ,act of #aieh7 is amended by inserting after section #b 7#g ,u4,s4,c4 #aijb7 the following3 #c4 ,nonambulatory livestock 7a7 ,definitions ,in this section3 7#a7 ,covered entity ,the term covered entity means-- 7,a7 a stockyard2 7,b7 a market agency2 7,c7 a packer 7as defined in section #bja of the ,packers and ,stockyards ,act1 #aiba 7#g ,u4,s4,c4 #aia772 7,d7 a dealer 7as defined in section #cja of the ,packers and ,stockyards ,act1 #aiba 7#g ,u4,s4,c4 #bja772 7,e7 a slaughter facility2 and 7,f7 an establishment4 7#b7 ,establishment ,the term establishment means an establishment that is subject to inspection pursuant to the ,federal ,meat ,inspection ,act 7#ba ,u4,s4,c4 #fja et seq474 7#c7 ,humanely euthanize ,the term humanely euthanize means to immediately render an animal unconscious by mechanical1 chemical1 or other means1 with the unconscious state remaining until the death of the animal4 7#d7 ,nonambulatory livestock ,the term nonambulatory livestock means any cattle1 sheep1 swine1 goats1 or horses1 mules1 or other equines who cannot stand or walk unassisted4 7#e7 ,secretary ,the term ,secretary means the ,secretary of ,agriculture4 7b7 ,humane treatment1 handling1 and disposition ,the ,secretary shall promulgate regulations to provide for the humane treatment1 handling1 and disposition of all nonambulatory livestock by covered entities1 including requirements for covered entities-- 7#a7 to immediately humanely euthanize nonambulatory livestock when the livestock becomes nonambulatory livestock1 subject to subsection 7c72 and 7#b7 7,a7 to have written policies and procedures in place1 and proper equipment1 relating to the humane handling1 euthanization1 and disposition of all nonambulatory livestock2 7,b7 to maintain records of all nonambulatory livestock2 and 7,c7 to electronically submit those written policies and procedures and records to the ,administrator of the ,food ,safety and ,inspection ,service4 7c7 ,humane euthanasia 7#a7 ,in general ,the ,secretary shall promulgate regulations specifying-- 7,a7 the methods of euthanasia that shall be acceptable for the humane disposition of nonambulatory livestock required under the regulations promulgated under subsection 7b72 and 7,b7 processes for ensuring effective enforcement of the use of those methods4 7#b7 ,disease testing ,the regulations promulgated under subsection 7b7 shall not limit the ability of the ,secretary to test nonambulatory livestock for a disease4 7d7 ,transacting or processing ,a covered entity shall not-- 7#a7 buy or sell a nonambulatory animal2 or 7#b7 process1 butcher1 or sell meat or products of nonambulatory livestock4 7e7 ,records ,the ,administrator of the ,food ,safety and ,inspection ,service shall maintain all documents submitted by covered entities pursuant to the regulations under subsection 7b74 4 7b7 ,inspection of nonambulatory livestock2 labeling ,section #f of the ,federal ,meat ,inspection ,act 7#ba ,u4,s4,c4 #fjf7 is amended by adding at the end the following3 7c7 ,inspection of nonambulatory livestock2 labeling 7#a7 ,definition of nonambulatory livestock ,in this subsection1 the term nonambulatory livestock means any cattle1 sheep1 swine1 goats1 or horses1 mules1 or other equines who cannot stand or walk unassisted4 7#b7 ,inspection ,it shall be unlawful for an inspector at an establishment subject to inspection under this ,act to pass through inspection any nonambulatory livestock or carcass 7including parts of a carcass7 of nonambulatory livestock4 7#c7 ,labeling ,an inspector or other employee of an establishment described in paragraph 7#b7 shall label1 mark1 stamp1 or tag as inspected and condemned any carcass 7including parts of a carcass7 of nonambulatory livestock4 4 7c7 ,effective date 7#a7 ,in general ,except as provided in paragraph 7#b71 the amendments made by subsections 7a7 and 7b7 shall take effect on the date that is #a year after the date of enactment of this ,act4 7#b7 ,regulations ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall promulgate final regulations to implement the amendments made by subsections 7a7 and 7b74 #cbb4 ,unlawful use of drugs contributing to nonambulatory conditions ,the ,animal ,health ,protection ,act is amended by inserting after section #ajdji;,a 7#g ,u4,s4,c4 #hcjh;a7 the following3 #ajdji;,b4 ,unlawful use of drugs on certain animals ,any use of a beta-agonist drug1 including ractopamine1 zilpaterol1 and lubabegron1 in an animal in the absence of disease1 including use for growth promotion or feed efficiency1 is prohibited4 4 #cbc4 ,inclusion of poultry in ,humane ,methods of ,slaughter ,act 7a7 ,in general ,public ,law #he-gfe 7commonly known as the ,humane ,methods of ,slaughter ,act of #aieh7 7#g ,u4,s4,c4 #aija et seq47 is amended by adding and poultry after the term livestock each place it appears1 except as provided in subsection 7b74 7b7 ,other conforming amendment ,section #b7;a7 of ,public ,law #he-gfe 7commonly known as the ,humane ,methods of ,slaughter ,act of #aieh7 7#g ,u4,s4,c4 #aijb7 is amended by striking and other livestock1 and inserting other livestock1 and poultry4 7c7 ,effective date ,the amendments made by subsections 7a7 and 7b7 shall take effect on the date that is #aj years after the date of enactment of this ,act4 ,c ,inspections #cca4 ,definitions ,in this subtitle3 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 ,employee ,the term employee has the meaning given the term in section #c of the ,occupational ,safety and ,health ,act of #aigj 7#bi ,u4,s4,c4 #feb74 #ccb4 ,ending dangerous higher-speed slaughter and self-inspection systems 7a7 ,definition of covered program 7#a7 ,in general ,the term covered program means any waiver1 program1 or regulation that-- 7,a7 allows covered establishments to operate at slaughter speeds that exceed existing limits required by regulations of the ,department of ,agriculture as of the date of enactment of this ,act2 7,b7 reduces the number of ,federal inspectors in covered establishments2 or 7,c7 replaces ,federal inspectors at covered establishments with employees of the covered establishments for purposes of inspection4 7#b7 ,inclusions ,the term covered program includes-- 7,a7 the ,new ,swine ,slaughter ,inspection ,system described in the final rule entitled ,modernization of ,swine ,slaughter ,inspection 7#hd ,fed4 ,reg4 #ebcjj 7,october #a1 #bjai772 7,b7 the ,new ,poultry ,inspection ,system described in the final rule entitled ,modernization of ,poultry ,slaughter ,inspection 7#gi ,fed4 ,reg4 #dieff 7,august #ba1 #bjad772 and 7,c7 any waiver issued under an inspection system described in subparagraph 7,a7 or 7,b74 7b7 ,termination of covered programs ,the ,secretary1 acting through the ,administrator of the ,food ,safety and ,inspection ,service1 shall terminate or suspend implementation of or conversion to1 as applicable1 all covered programs4 #ccc4 ,funding for additional ,,osha inspectors ,there is authorized to be appropriated #fj1jjj1jjj for each of fiscal years #bjbd through #bjcc for 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 #feg7 in covered establishments4 #ccd4 ,funding for additional ,,fsis inspectors 7a7 ,in general ,there is authorized to be appropriated to the ,secretary #ej1jjj1jjj for each of fiscal years #bjbd through #bjcc to hire additional full-time equivalent positions within the ,food ,safety and ,inspection ,service relating to inspections conducted pursuant to1 and the enforcement of1 ,public ,law #he-gfe 7commonly known as the ,humane ,methods of ,slaughter ,act of #aieh7 7#g ,u4,s4,c4 #aija et seq474 7b7 ,priority for hiring ,in carrying out subsection 7a71 priority shall be given to hiring personnel-- 7#a7 to inspect processing facilities 7as described by the term eligible facility in section #gfd of division ,n of the ,consolidated ,appropriations ,act1 #bjba 7#ba ,u4,s4,c4 #dgc772 and 7#b7 in regions with the highest number of vacancies within the ,food ,safety and ,inspection ,service4