[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 805 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 805
To establish the Office of High-Risk AFO Disaster Mitigation and
Enforcement in the Department of Agriculture, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 2, 2023
Mr. McGovern (for himself, Mr. Blumenauer, Ms. Meng, Ms. Norton, Mrs.
Hayes, Mr. Krishnamoorthi, and Mr. Khanna) introduced the following
bill; which was referred to the Committee on Agriculture, and in
addition to the Committees on Transportation and Infrastructure, and
Education and the Workforce, for a period to be subsequently determined
by the Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To establish the Office of High-Risk AFO Disaster Mitigation and
Enforcement in the Department of Agriculture, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Industrial
Agriculture Accountability Act of 2023''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definition of Secretary.
Sec. 3. Findings.
TITLE I--HIGH-RISK AFO DISASTER MITIGATION AND ENFORCEMENT
Sec. 101. Definitions.
Subtitle A--Department of Agriculture
Sec. 111. Office of High-Risk AFO Disaster Mitigation and Enforcement.
Sec. 112. Registration of high-risk AFOs.
Sec. 113. Covered industrial operator responsibilities and liabilities.
Sec. 114. Restriction on certain methods of depopulation.
Sec. 115. Reports.
Sec. 116. Civil actions.
Subtitle B--Department of Labor
Sec. 121. Definitions.
Sec. 122. Minimum labor standards for covered workers and affected
contract growers.
Sec. 123. Prohibition on the use of incarcerated workers.
TITLE II--GRANT AND PILOT PROGRAMS
Sec. 201. Definitions.
Sec. 202. Controlled-atmosphere stunning transition program.
Sec. 203. Pilot program for increased accessibility to inspection and
technical assistance for eligible
processing facilities.
TITLE III--HUMANE HANDLING REFORMS
Subtitle A--Transport
Sec. 311. Transportation of livestock and poultry.
Sec. 312. Higher-welfare transport research funding.
Subtitle B--Nonambulatory Livestock
Sec. 321. Unlawful slaughter practices involving nonambulatory
livestock.
Sec. 322. Unlawful use of drugs contributing to nonambulatory
conditions.
Sec. 323. Inclusion of poultry in Humane Methods of Slaughter Act.
Subtitle C--Inspections
Sec. 331. Definitions.
Sec. 332. Ending dangerous higher-speed slaughter and self-inspection
systems.
Sec. 333. Funding for additional OSHA inspectors.
Sec. 334. Funding for additional FSIS inspectors.
SEC. 2. DEFINITION OF SECRETARY.
In this Act, the term ``Secretary'' means the Secretary of
Agriculture.
SEC. 3. FINDINGS.
Congress finds that--
(1) factory farms owned or controlled by industrial
operators--
(A) lack systemic resilience;
(B) present significant risks, particularly in the
event of a disaster; and
(C) negatively impact--
(i) farmed animals, who suffer tremendously
from cruel depopulation methods and without
meaningful disaster mitigation efforts;
(ii) meat and poultry processing workers,
who are subjected to exploitative conditions
and abusive behavior by employers in
depopulation situations--
(I) including--
(aa) being required to
spend long hours, over days or
weeks, mass-killing farmed
animals; and
(bb) being terminated
following the completion of a
depopulation event, without
financial support; and
(II) that lead to long-term
psychological impacts, including
increased feelings of anger and stress;
and
(iii) neighboring communities and the
environment, including through--
(I) flood waters overrunning manure
lagoons resulting in ecological
degradation in the form of soil,
surface, and groundwater contamination;
(II) algae blooms; and
(III) wildlife population crashes;
(2)(A) since 2019, more than 60,000,000 poultry and
10,000,000 swine have been depopulated; and
(B) those massive cullings are often conducted using
incredibly inhumane practices including ventilation shutdown,
ventilation shutdown plus, sodium nitrite poisoning, and water-
based foaming (as those terms are defined in section 114(a));
(3) since 2019, industrial operators put slaughterhouse
workers in jeopardy and cost taxpayers millions of dollars;
(4) industrial operators continue to experience record
profits, including a 300-percent growth in profits during the
COVID-19 pandemic;
(5) industrial operators have created a system that allows
for the inhumane handling of nonambulatory livestock (as
defined in section 3(a) of Public Law 85-765 (commonly known as
the ``Humane Methods of Slaughter Act of 1958'')) that causes
needless suffering, unsafe working conditions, and the spread
of foodborne and zoonotic diseases;
(6) industrial operators have abused the use of certain
drugs that increase the risk of livestock becoming
nonambulatory livestock (as so defined);
(7) slaughterhouse deregulation and decreased Federal
oversight of meat and poultry slaughter pose significant risks
to workers, consumers, and animals;
(8) Federal humane slaughter laws currently exempt 98
percent of animals slaughtered for food;
(9) current Federal animal transport laws are ineffective
and inherently cruel; and
(10) 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 operators.
TITLE I--HIGH-RISK AFO DISASTER MITIGATION AND ENFORCEMENT
SEC. 101. DEFINITIONS.
In this title:
(1) Animal feeding operation; afo.--
(A) In general.--The term ``animal feeding
operation'' or ``AFO'' means a single lot or facility
at which--
(i) for not less than a total of 45 days in
any 12-month period, animals (other than
aquatic animals) are--
(I) stabled or confined; and
(II) fed or maintained; and
(ii) crops, vegetation, forage growth, or
postharvest residues are not sustained in the
normal growing season over any portion of the
lot or facility.
(B) Multiple lots.--For purposes of subparagraph
(A), 2 or more lots or facilities described in that
subparagraph shall be considered to be a single animal
feeding operation if the lots or facilities--
(i) are located within 3 miles of each
other; and
(ii) are under common ownership or control.
(C) Exclusion.--The term ``animal feeding
operation'' or ``AFO'' does not include a pasture-based
livestock or poultry production system in which
animals--
(i) are primarily raised on pasture,
grassland, or other vegetative environments;
(ii) have the ability to exercise species-
specific natural behaviors; and
(iii) have access to appropriate shelter,
healthy vegetation, potable water, and adequate
protection from predators.
(2) 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
poultry, as applicable, that are housed in an AFO at a single
point in time:
(A) 2,500 swine.
(B) 30,000 turkeys or ducks.
(C) 82,000 laying hens or broilers.
(3) Depopulation.--The term ``depopulation'' means the
rapid destruction of a population of animals in response to
urgent circumstances.
(4) Disaster event.--The term ``disaster event'' means--
(A) a public health emergency declared by the
Secretary of Health and Human Services under section
319 of the Public Health Service Act (42 U.S.C. 247d);
(B) a major disaster declared by the President
under section 401 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5170);
(C) a disaster designated by the Secretary pursuant
to part 759 of title 7, Code of Federal Regulations (or
successor regulations); and
(D) a quarantine designated by the Secretary
pursuant to the Plant Protection Act (7 U.S.C. 7701 et
seq.) or animal quarantine laws.
(5) High-risk afo.--The term ``high-risk AFO'' means an AFO
that houses livestock or poultry owned or controlled by a
covered industrial operator.
(6) Office.--The term ``Office'' means the Office of High-
Risk AFO Disaster Mitigation and Enforcement established under
section 111.
Subtitle A--Department of Agriculture
SEC. 111. OFFICE OF HIGH-RISK AFO DISASTER MITIGATION AND ENFORCEMENT.
The Secretary shall establish an office within the Department of
Agriculture, to be known as the ``Office of High-Risk AFO Disaster
Mitigation and Enforcement'', which shall carry out or enforce, as
applicable, sections 112 through 115.
SEC. 112. REGISTRATION OF HIGH-RISK AFOS.
(a) Registration Requirement.--
(1) In general.--A covered industrial operator shall be
required to register with the Office prior to selling, buying,
or transferring livestock, poultry, or any product derived from
livestock or poultry across State lines.
(2) Information.--In registering with the Office under
paragraph (1), a covered industrial operator shall submit to
the Office--
(A) identifying information about the covered
industrial operator, including the location, animal
type, and peak inventory animal totals for all high-
risk AFOs owned or controlled by the covered industrial
operator; and
(B) a standard disaster mitigation plan that
includes--
(i) a description of the type, location,
and extent of all potential disaster events
that can affect livestock or poultry housed in
a high-risk AFO, including information on
previous occurrences of disaster events and the
probability of future disaster events;
(ii) a plan to ensure that animals do not
go without necessary resources such as shelter,
food, and water during an extreme weather
event;
(iii) a plan to increase flexibility and
resiliency, including--
(I) identifying ways to house
animals past their intended slaughter
date; and
(II) alternative slaughter and
processing arrangements, including
contracting with small-scale Department
of Agriculture, State-certified, or
mobile operations with existing
capacity, in the event of supply chain
disruptions;
(iv) a plan for accessing necessary
resources, personal protective equipment, and
labor to carry out depopulation in ways that
most rapidly render animals unconscious in the
event that depopulation is unavoidable;
(v) a plan for disposal of any deceased
animals that--
(I) satisfies requirements under
all relevant Federal, State, and local
environmental and public health laws;
and
(II) does not rely on unlined
burial or onsite incineration; and
(vi) other information, as determined
appropriate by the Secretary.
(3) 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 (2)
on an annual basis.
(4) Restricted funds for plan.--A covered industrial
operator shall not, in developing a standard disaster
mitigation plan described in paragraph (2)(B), use any Federal
funds, including funds provided under the environmental quality
incentive program under subchapter A of chapter 4 of subtitle D
of title XII of the Food Security Act of 1985 (16 U.S.C. 3839aa
et seq.).
(b) Disaster Mitigation Maintenance Fee.--
(1) In general.--A covered industrial operator registered
under subsection (a) shall pay to the Office an annual fee by
January 15 of each year for each high-risk AFO owned or
controlled by the covered industrial operator.
(2) Total amount of fees.--The amount of the fee required
under paragraph (1)--
(A) 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 year; but
(B) shall not be less than $1 per animal unit (as
defined by the Administrator of the Environmental
Protection Agency) for each fiscal year.
(3) Restriction.--A covered industrial operator may not
reduce wages or grower payments in order to derive the amount
of the fee required under paragraph (1).
(c) High-Risk AFO Disaster Mitigation and Enforcement Fund.--
(1) Establishment.--There is established in the Treasury of
the United States a fund, to be known as the ``High-Risk AFO
Disaster Mitigation and Enforcement Fund'' (referred to in this
subsection as the ``Fund'').
(2) Source; use.--All moneys derived from fees collected by
the Office under subsection (b) shall be deposited in the Fund
and made available to the Secretary, without fiscal year
limitation, to offset costs relating to--
(A) the administrative costs associated with
operating the Office and technical assistance offered
by staff of the Office;
(B) creating the national stockpile pursuant to
section 114(c)(2);
(C) enforcement actions against covered industrial
operators that do not comply with this subtitle; and
(D) any other activities determined by the
Secretary.
SEC. 113. COVERED INDUSTRIAL OPERATOR RESPONSIBILITIES AND LIABILITIES.
A covered industrial operator shall be responsible and liable for,
with respect to each high-risk AFO owned or controlled by the covered
industrial operator, all costs associated with activities related to
disaster events or depopulation of livestock or poultry, including--
(1) procuring resources for depopulation of livestock or
poultry, including from the national stockpile described in
section 114(c)(2);
(2) disposal of deceased animals that--
(A) satisfies requirements under all relevant
Federal, State, and local environmental and public
health laws; and
(B) does not rely on unlined burial or onsite
incineration;
(3) compensation for contract growers and workers, as
provided in subtitle B;
(4) compensation for any adverse health impacts, property
value diminution, and loss of use and enjoyment of property
suffered by neighboring residents of the high-risk AFO; and
(5) other costs determined by the Secretary.
SEC. 114. RESTRICTION ON CERTAIN METHODS OF DEPOPULATION.
(a) Definitions.--In this section:
(1) Restricted practice.--The term ``restricted practice''
means--
(A) sodium nitrite poisoning;
(B) ventilation shutdown;
(C) ventilation shutdown plus;
(D) water-based foaming; and
(E) any other method identified by the Secretary.
(2) Sodium nitrite poisoning.--The term ``sodium nitrite
poisoning'' means a method of animal depopulation that involves
feeding the toxic substance sodium nitrite to animals, causing
changes to the blood that prevent delivery of oxygen to tissues
and result in prolonged respiratory distress prior to loss of
consciousness.
(3) Ventilation shutdown.--The term ``ventilation
shutdown'' means a method of animal depopulation that involves
sealing a building in which animals are confined, shutting
inlets, and turning off fans in order to raise the temperature
in the building until the animals die from hyperthermia or
hypoxia, including ventilation shutdown plus.
(4) Ventilation shutdown plus.--The term ``ventilation
shutdown plus'' means a ventilation shutdown method that
involves the use of additional heat or humidity.
(5) 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 hypoxia.
(b) Restrictions; Civil Penalty.--Notwithstanding any other
provision of law, beginning 1 year after the date of enactment of this
Act, a covered industrial operator that uses 1 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 operator,
as determined by the Office--
(1) shall not be eligible for any Federal contract for a
period of 10 years beginning on that date;
(2) shall not be eligible for inspection of any facility
owned or controlled by the covered industrial operator pursuant
to the Federal Meat Inspection Act (21 U.S.C. 601 et seq.) or
the Poultry Products Inspection Act (21 U.S.C. 451 et seq.), as
applicable, for a period of 10 years beginning on that date;
and
(3) shall be assessed a civil penalty of up to $1,000 per
animal per act of depopulation, 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
operator.
(c) Standards and Resources.--Not later than 1 year after the date
of enactment of this Act, the Secretary shall issue a final rule--
(1) to establish depopulation standards that rapidly induce
unconsciousness and death with minimal pain and distress; and
(2) to coordinate a national stockpile of resources--
(A) 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 distress; and
(B) using funds from the High-Risk AFO Disaster
Mitigation and Enforcement Fund established by section
112(c)(1).
SEC. 115. REPORTS.
(a) Reports to Secretary.--Not later than 3 business days after
completing any depopulation of any animals, a covered industrial
operator performing or requiring such depopulation shall submit to the
Secretary a report on that depopulation instance that specifies--
(1) the 1 or more dates on which, and location at which,
the depopulation and disposal of the animals occurred;
(2) the total number, species, breed, and intended product
of the depopulated animals;
(3) the depopulation and disposal methods utilized;
(4) any monitoring, testing, or sampling protocol put in
place to monitor releases of environmental contaminants from
the disposal location;
(5) a summary of any assets utilized or received from the
national stockpile established pursuant to section 114(c)(2),
as applicable;
(6) documentation of compliance or noncompliance with the
standard disaster mitigation plan described in section
112(a)(2)(B) of the covered industrial operator; and
(7) the cost associated with the depopulation and disposal,
including labor.
(b) Publicly Searchable Database.--The Secretary, acting through
the Office, shall develop and make publicly available an electronically
searchable and sortable online database that contains information--
(1) reported under subsection (a); and
(2) submitted by covered industrial operators registering
under section 112.
SEC. 116. CIVIL ACTIONS.
(a) In General.--Any person may--
(1) 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 subtitle; and
(2) obtain appropriate relief in that civil action,
including equitable relief and compensatory damages.
(b) 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 (a).
Subtitle B--Department of Labor
SEC. 121. DEFINITIONS.
In this subtitle:
(1) Affected contract grower.--The term ``affected contract
grower'' means an owner of an AFO--
(A) that raises livestock or poultry pursuant to a
written contract, marketing arrangement, or other
arrangement, with a covered industrial operator; and
(B) whose AFO is impacted by a disaster mitigation
event.
(2) Affected contractor.--The term ``affected contractor''
means an individual or entity that supplies, either with or
without a contract, a covered industrial operator with a worker
to perform labor directly or indirectly related to a disaster
mitigation event.
(3) Covered worker.--
(A) In general.--The term ``covered worker''--
(i) means an employee who performs labor in
connection with a disaster mitigation event for
a covered industrial operator; and
(ii) includes any employee of an affected
contract grower, or of another affected
contractor, of a covered industrial operator.
(B) Additional terms.--In this paragraph, the term
``employee'' means an individual performing any labor
for a covered industrial operator, including through an
affected contract grower or other affected contractor,
unless--
(i) the individual is free from control and
direction in connection with the performance of
the labor, both under the contract for the
performance of labor and in fact;
(ii) the labor is performed outside the
usual course of the business of the covered
industrial operator; and
(iii) the individual is customarily engaged
in an independently established trade,
occupation, profession, or business of the same
nature as that involved in the labor performed.
(4) 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 112(a)(2)(B).
SEC. 122. MINIMUM LABOR STANDARDS FOR COVERED WORKERS AND AFFECTED
CONTRACT GROWERS.
(a) Applicability.--A covered industrial operator that employs or
contracts with covered workers, affected contract growers, or other
affected contractors related to a disaster mitigation event shall
comply with the labor standards described in subsection (b).
(b) Labor Standards.--The labor standards described in this
subsection are the following:
(1) Whistleblower protections.--A covered industrial
operator shall not discharge, cause to be discharged, or in any
other manner discriminate against any covered worker or
affected contract grower because such covered worker or
affected contract grower--
(A) has filed any complaint or instituted or caused
to be instituted any proceeding under or related to
this section; or
(B) has testified or is about to testify in any
such proceeding.
(2) Health insurance requirement.--During a disaster
mitigation event and for a period of not less than 2 years
following the disaster mitigation event, 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 (as defined in
subsection (a) of section 1302 of the Patient Protection and
Affordable Care Act (42 U.S.C. 18022)) at the silver level of
coverage (as defined in subsection (d)(1)(B) of such section),
regardless of their employment status or contract with the
covered industrial operator. 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 plan.
(3) Severance pay for covered workers.--In the case of a
disaster mitigation event, the covered industrial operator
shall provide any covered worker terminated by the covered
industrial operator, or by an affected contract grower or other
affected contractor of the covered industrial operator impacted
by the disaster mitigation event, during the 60-day period
following the disaster mitigation event with 12 weeks of
severance pay, at a weekly rate equal to the average weekly
earnings of the covered worker during the disaster mitigation
event.
(4) 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 event, 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 180 days.
(c) Enforcement by the Secretary of Labor.--
(1) General authority.--The Secretary of Labor shall
receive, investigate, and attempt to resolve complaints of
violations of this section in the same manner that the
Secretary of Labor receives, investigates, and attempts to
resolve complaints of violations of sections 6, 7, and 15(a)(3)
of the Fair Labor Standards Act of 1938 (29 U.S.C. 206, 207,
and 215(a)(3)), including such Secretary's authority to
supervise payment of wages and compensation under section 16(c)
of such Act (29 U.S.C. 216(c)).
(2) Civil penalties.--The Secretary of Labor may assess a
civil penalty against a covered industrial operator that
violates any provision of this section.
(3) Monitoring compliance.--Not later than 90 days after
the date of enactment of this Act, the Secretary of Labor
shall--
(A) develop a process to monitor compliance with
the standards under this section that requires covered
industrial operators to provide information to
demonstrate such compliance; and
(B) issue rules to determine penalties for
noncompliance with this section.
(4) 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
section.
(d) Right of Action for Violations.--
(1) Private right of action for violations.--An action to
recover damages or obtain relief prescribed in paragraph (2)
may be maintained against any covered industrial operator in
any Federal or State court of competent jurisdiction by 1 or
more covered workers or affected contract growers for and on
behalf of themselves and other similarly situated covered
workers or affected contract growers.
(2) Liability.--
(A) 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--
(i) damages in the amount of unpaid wages,
salary, overtime compensation, or other
compensation denied or lost by reason of the
violation; and
(ii) an additional equal amount as
liquidated damages.
(B) Attorney's fees and costs.--In a civil action
brought under paragraph (1) in which the plaintiff
prevails, the court shall award the plaintiff
reasonable attorney's fees and costs of the action.
(3) 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 (2) on behalf of a covered worker or affected
contract grower aggrieved by a violation of this section.
SEC. 123. PROHIBITION ON THE USE OF INCARCERATED WORKERS.
Notwithstanding any other provision of law, a covered industrial
operator that the Secretary of Labor determines entered into a
contract, on or after the date of enactment of this Act, with any
entity to utilize incarcerated workers to perform labor related to a
disaster mitigation event shall not be eligible for--
(1) any Federal contracts for a period of 10 years
beginning on the date of the determination; and
(2) inspection of any facility owned or controlled by the
covered industrial operator pursuant to the Federal Meat
Inspection Act (21 U.S.C. 601 et seq.) or the Poultry Products
Inspection Act (21 U.S.C. 451 et seq.), as applicable, for a
period of 10 years beginning on that date.
TITLE II--GRANT AND PILOT PROGRAMS
SEC. 201. DEFINITIONS.
In this title:
(1) Controlled-atmosphere stunning.--The term ``controlled-
atmosphere stunning'' means rendering poultry unconscious
through exposure to a mixture of gas (nitrogen and argon or
concentrations of carbon dioxide) before slaughter.
(2) Eligible processing facility.--The term ``eligible
processing facility'' means an eligible facility described in
section 764 of division N of the Consolidated Appropriations
Act, 2021 (21 U.S.C. 473), that has a labor peace agreement in
place.
(3) Labor peace agreement.--The term ``labor peace
agreement'' means an agreement--
(A) between an employer and a labor organization
that represents, or is actively seeking to represent as
of the date on which the labor peace agreement is
entered, the employees of the employer; and
(B) under which such employer and such labor
organization agree that--
(i) the employer will not--
(I) hinder any effort of an
employee to join a labor organization;
or
(II) take any action that directly
or indirectly indicates or implies any
opposition to an employee joining a
labor organization;
(ii) the labor organization will refrain
from picketing, work stoppages, or boycotts
against the employer;
(iii) the employer will--
(I) provide the labor organization
with employee contact information; and
(II) facilitate or permit labor
organization access to employees at the
workplace, including facilitating or
permitting the labor organization to
meet with employees to discuss joining
the labor organization; and
(iv) the employer will, upon the request of
the labor organization, recognize the labor
organization as the bargaining representative
of the employees if a majority of the employees
choose the labor organization as their
bargaining representative.
(4) 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 unconscious.
SEC. 202. CONTROLLED-ATMOSPHERE STUNNING TRANSITION PROGRAM.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, 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 stunning.
(b) Eligibility.--As a condition of receipt of a grant under
subsection (a), an eligible processing facility shall not, for a period
of 10 years following the date of receipt of the grant, sell a
slaughter or processing facility to, or merge the slaughter or
processing facility with, a packer that owns more than 10 percent of
the market share of meat and poultry markets.
(c) Funding.--There is appropriated, out of any funds in the
Treasury not otherwise appropriated, $750,000,000 to the Secretary to
carry out this section.
SEC. 203. PILOT PROGRAM FOR INCREASED ACCESSIBILITY TO INSPECTION AND
TECHNICAL ASSISTANCE FOR ELIGIBLE PROCESSING FACILITIES.
(a) In General.--The Secretary shall carry out a 5-year pilot
program within the Meat and Poultry Inspection Division of the Food
Safety and Inspection Service--
(1) to expand the availability of processing inspectors,
technical assistance, and onsite inspection for eligible
processing facilities, including no-cost overtime inspections;
and
(2) to identify and train part-time inspectors and
technical assistance providers.
(b) Professional Experience.--The Secretary shall determine the
appropriate professional experience of inspectors and providers
described in subsection (a)(2), which shall include individuals with
expertise in veterinary medicine, public health, food service
management, and animal science, as applicable.
(c) Funding.--There is authorized to be appropriated to the
Secretary not less than $50,000,000 to carry out this section.
TITLE III--HUMANE HANDLING REFORMS
Subtitle A--Transport
SEC. 311. TRANSPORTATION OF LIVESTOCK AND POULTRY.
(a) Transportation Lasting More Than 8 Hours.--
(1) In general.--Section 80502 of title 49, United States
Code, is amended--
(A) in subsection (a)(1), by striking ``a rail
carrier'' and all that follows through ``territory or
possession,'' and inserting ``a covered provider of
transportation'';
(B) in subsection (b)--
(i) in paragraph (3), by striking
``subsection (a) of this section'' and
inserting ``subsection (b)'';
(ii) by redesignating paragraphs (1)
through (3) as subparagraphs (A) through (C),
respectively, and indenting appropriately;
(iii) in the matter preceding subparagraph
(A) (as so redesignated), in the third
sentence--
(I) by striking ``the rail
carrier'' and all that follows through
``a vessel'' and inserting ``the
covered provider of transportation'';
and
(II) by striking ``When the
animals'' and inserting the following:
``(3) Responsibility of covered provider of
transportation.--When the animals'';
(iv) in the matter preceding paragraph (3)
(as so designated), in the second sentence, by
striking ``The owner'' and inserting the
following:
``(2) Responsibility of owner or person having custody.--
The owner''; and
(v) in the matter preceding paragraph (2)
(as so designated), by striking ``Animals
being'' and inserting the following:
``(1) In general.--Animals being'';
(C) in subsection (d)--
(i) in the second sentence, by striking
``On learning'' and inserting the following:
``(2) Civil action.--On learning''; and
(ii) in the first sentence, by striking ``A
rail carrier'' and all that follows through ``a
vessel'' and inserting the following:
``(1) In general.--A covered provider of transportation'';
(D) by redesignating subsections (a) through (d) as
subsections (b), (c), (g), and (f), respectively, and
moving the subsections so as to appear in alphabetical
order;
(E) by inserting before subsection (b) (as so
redesignated) the following:
``(a) Definitions.--In this section:
``(1) Covered industrial operator.--
``(A) 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 (B)
for the applicable livestock or poultry.
``(B) Quantity of livestock or poultry in afos.--
The quantity of livestock or poultry referred to in
subparagraph (A) is 1 or more of the following
quantities of livestock or poultry housed in 1 or more
Animal Feeding Operations at a single point in time:
``(i) 2,500 swine.
``(ii) 30,000 turkeys or ducks.
``(iii) 82,000 laying hens or broilers.
``(2) Covered provider of transportation.--
``(A) In general.--The term `covered provider of
transportation' means an individual or entity described
in subparagraph (B) that is transporting animals from a
place in a State, the District of Columbia, or a
territory or possession of the United States through or
to a place in another State, the District of Columbia,
or a territory or possession of the United States.
``(B) Individuals and entities described.--An
individual or entity referred to in subparagraph (A)
is--
``(i) a rail carrier, express carrier, or
common carrier (except by air or water);
``(ii) a receiver, trustee, or lessee of a
carrier described in clause (i); or
``(iii) an owner or master of a vessel.
``(3) Secretary.--The term `Secretary' means the Secretary
of Agriculture.''; and
(F) by inserting after subsection (c) (as so
redesignated) the following:
``(d) Transportation Lasting More Than 8 Hours.--
``(1) 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 lasting, or
expected to last, more than 8 consecutive hours, the covered
provider of transportation transporting the animals shall
ensure that--
``(A) the means of transport provides adequate
protection of the animals from high winds, rain, and
snow;
``(B) any livestock or poultry are provided with
appropriate bedding or equivalent material that--
``(i) prevents slipping;
``(ii) ensures a level of comfort
appropriate to--
``(I) the species of the livestock
or poultry;
``(II) the number of animals being
transported;
``(III) the duration of the period
of transportation; and
``(IV) the weather; and
``(iii) provides adequate absorption of
urine and feces;
``(C) the animals are not overcrowded during
transport, including by complying with the regulations
promulgated under paragraph (2);
``(D) 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 animal;
``(E) watering devices on the means of transport
are--
``(i) in good working order;
``(ii) appropriately designed; and
``(iii) positioned appropriately for the
species of animal to be watered during
transport; and
``(F) the animals are not transported when the
temperature within the means of transport cannot be
maintained between 40 degrees Fahrenheit and 86 degrees
Fahrenheit.
``(2) Rulemaking.--
``(A) In general.--The Secretary shall promulgate
regulations setting species-specific space allowances
during periods of transportation lasting more than 8
hours.
``(B) Requirements.--The regulations promulgated
under subparagraph (A) shall ensure that each species
of animal has enough space--
``(i) to turn around;
``(ii) to lie down; and
``(iii) to fully extend the limbs of the
animal.
``(e) Recordkeeping.--
``(1) In general.--Each covered industrial operator shall
maintain records of all livestock transported by the covered
industrial operator.
``(2) Production of records.--A covered industrial operator
shall provide the records maintained under paragraph (1) to the
Secretary on request.''.
(2) Effective date.--The amendments made by paragraph (1)
take effect on the date that is 1 year after the date of
enactment of this Act.
(3) Rulemaking.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall promulgate final
regulations to implement the amendments made by paragraph (1).
(b) Modification of 28-Hour Rule.--
(1) In general.--Section 80502 of title 49, United States
Code (as amended by subsection (a)), is amended--
(A) in subsection (b)--
(i) in paragraph (1)--
(I) by striking ``(1) Except as
provided'' and inserting the following:
``(1) In general.--Except as otherwise provided''; and
(II) by striking ``28'' and
inserting ``8'';
(ii) by striking paragraph (2) and
inserting the following:
``(2) Exceptions.--
``(A) In general.--Animals may be confined for more
than 8 hours when the animals cannot be unloaded
because of accidental or unavoidable causes that could
not have been anticipated or avoided when being
careful.
``(B) Sheep.--Sheep may be confined for an
additional 8 consecutive hours without being unloaded
when the 8-hour period of confinement described in
paragraph (1) ends at night.''; and
(iii) in paragraph (3), by striking ``(3)
Time'' and inserting the following:
``(3) Loading and unloading.--Time''; and
(B) by striking subsection (g).
(2) Effective date.--The amendments made by paragraph (1)
take effect on the date that is 10 years after the date of
enactment of this Act.
SEC. 312. HIGHER-WELFARE TRANSPORT RESEARCH FUNDING.
(a) Definitions.--In this section:
(1) Eligible research institution.--The term ``eligible
research institution'' means--
(A) an 1862 Institution (as defined in section 2 of
the Agricultural Research, Extension, and Education
Reform Act of 1998 (7 U.S.C. 7601));
(B) an 1890 Institution (as defined in that
section);
(C) a 1994 Institution (as defined in section 532
of the Equity in Educational Land-Grant Status Act of
1994 (7 U.S.C. 301 note; Public Law 103-382));
(D) a non-land-grant college of agriculture (as
defined in section 1404 of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977 (7
U.S.C. 3103)) that has a demonstrable capacity to
conduct livestock or poultry research, as determined by
the Secretary;
(E) Hispanic-serving agricultural colleges and
universities (as defined in that section); and
(F) a center of excellence recognized under section
1673 of the Food, Agriculture, Conservation, and Trade
Act of 1990 (7 U.S.C. 5926).
(2) Higher-welfare transport.--The term ``higher-welfare
transport'' means the handling, loading, and transport
mechanisms by which livestock and poultry are transported, at
any time, which take into account animal welfare and species-
specific requirements to ensure that--
(A) animal welfare is maintained throughout
transport; and
(B) animals are spared unnecessary distress or
injury.
(b) Grant Program.--The Secretary shall establish a program to
provide grants to eligible research institutions to study higher-
welfare transport.
(c) Applications.--To be eligible for a grant under this section,
an eligible research institution shall submit to the Secretary an
application at such time, in such manner, and containing such
information as the Secretary may require.
(d) Requirements.--In carrying out the program established under
subsection (b), the Secretary shall ensure that none of the grant
funding may be used to perform any experiment that would not comply
with current transport law.
(e) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section $50,000,000 for
each of fiscal years 2024 through 2026.
Subtitle B--Nonambulatory Livestock
SEC. 321. UNLAWFUL SLAUGHTER PRACTICES INVOLVING NONAMBULATORY
LIVESTOCK.
(a) In General.--Public Law 85-765 (commonly known as the ``Humane
Methods of Slaughter Act of 1958'') is amended by inserting after
section 2 (7 U.S.C. 1902) the following:
``SEC. 3. NONAMBULATORY LIVESTOCK.
``(a) Definitions.--In this section:
``(1) Covered entity.--The term `covered entity' means--
``(A) a stockyard;
``(B) a market agency;
``(C) a packer (as defined in section 201 of the
Packers and Stockyards Act, 1921 (7 U.S.C. 191));
``(D) a dealer (as defined in section 301 of the
Packers and Stockyards Act, 1921 (7 U.S.C. 201));
``(E) a slaughter facility; and
``(F) an establishment.
``(2) Establishment.--The term `establishment' means an
establishment that is subject to inspection pursuant to the
Federal Meat Inspection Act (21 U.S.C. 601 et seq.).
``(3) Humanely euthanize.--The term `humanely euthanize'
means to immediately render an animal unconscious by
mechanical, chemical, or other means, with the unconscious
state remaining until the death of the animal.
``(4) Nonambulatory livestock.--The term `nonambulatory
livestock' means any cattle, sheep, swine, goats, or horses,
mules, or other equines who cannot stand or walk unassisted.
``(5) Secretary.--The term `Secretary' means the Secretary
of Agriculture.
``(b) Humane Treatment, Handling, and Disposition.--The Secretary
shall promulgate regulations to provide for the humane treatment,
handling, and disposition of all nonambulatory livestock by covered
entities, including requirements for covered entities--
``(1) to immediately humanely euthanize nonambulatory
livestock when the livestock becomes nonambulatory livestock,
subject to subsection (c); and
``(2)(A) to have written policies and procedures in place,
and proper equipment, relating to the humane handling,
euthanization, and disposition of all nonambulatory livestock;
``(B) to maintain records of all nonambulatory livestock;
and
``(C) to electronically submit those written policies and
procedures and records to the Administrator of the Food Safety
and Inspection Service.
``(c) Humane Euthanasia.--
``(1) In general.--The Secretary shall promulgate
regulations specifying--
``(A) the methods of euthanasia that shall be
acceptable for the humane disposition of nonambulatory
livestock required under the regulations promulgated
under subsection (b); and
``(B) processes for ensuring effective enforcement
of the use of those methods.
``(2) Disease testing.--The regulations promulgated under
subsection (b) shall not limit the ability of the Secretary to
test nonambulatory livestock for a disease.
``(d) Transacting or Processing.--A covered entity shall not--
``(1) buy or sell a nonambulatory animal; or
``(2) process, butcher, or sell meat or products of
nonambulatory livestock.
``(e) Records.--The Administrator of the Food Safety and Inspection
Service shall maintain all documents submitted by covered entities
pursuant to the regulations under subsection (b).''.
(b) Inspection of Nonambulatory Livestock; Labeling.--Section 6 of
the Federal Meat Inspection Act (21 U.S.C. 606) is amended by adding at
the end the following:
``(c) Inspection of Nonambulatory Livestock; Labeling.--
``(1) Definition of nonambulatory livestock.--In this
subsection, the term `nonambulatory livestock' means any
cattle, sheep, swine, goats, or horses, mules, or other equines
who cannot stand or walk unassisted.
``(2) 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
(including parts of a carcass) of nonambulatory livestock.
``(3) Labeling.--An inspector or other employee of an
establishment described in paragraph (2) shall label, mark,
stamp, or tag as `inspected and condemned' any carcass
(including parts of a carcass) of nonambulatory livestock.''.
(c) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by subsections (a) and (b) shall take effect on
the date that is 1 year after the date of enactment of this
Act.
(2) Regulations.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall promulgate final
regulations to implement the amendments made by subsections (a)
and (b).
SEC. 322. UNLAWFUL USE OF DRUGS CONTRIBUTING TO NONAMBULATORY
CONDITIONS.
The Animal Health Protection Act is amended by inserting after
section 10409A (7 U.S.C. 8308a) the following:
``SEC. 10409B. UNLAWFUL USE OF DRUGS ON CERTAIN ANIMALS.
``Any use of a beta-agonist drug, including ractopamine,
zilpaterol, and lubabegron, in an animal in the absence of disease,
including use for growth promotion or feed efficiency, is
prohibited.''.
SEC. 323. INCLUSION OF POULTRY IN HUMANE METHODS OF SLAUGHTER ACT.
(a) In General.--Public Law 85-765 (commonly known as the ``Humane
Methods of Slaughter Act of 1958'') (7 U.S.C. 1901 et seq.) is amended
by adding ``and poultry'' after the term ``livestock'' each place it
appears, except as provided in subsection (b).
(b) Other Conforming Amendment.--Section 2(a) of Public Law 85-765
(commonly known as the ``Humane Methods of Slaughter Act of 1958'') (7
U.S.C. 1902) is amended by striking ``and other livestock,'' and
inserting ``other livestock, and poultry''.
(c) Effective Date.--The amendments made by subsections (a) and (b)
shall take effect on the date that is 10 years after the date of
enactment of this Act.
Subtitle C--Inspections
SEC. 331. DEFINITIONS.
In this subtitle:
(1) Covered establishment.--The term ``covered
establishment'' means--
(A) an official establishment (as defined in
section 301.2 of title 9, Code of Federal Regulations
(or successor regulations)) that is subject to
inspection under the Federal Meat Inspection Act (21
U.S.C. 601 et seq.); and
(B) an official establishment (as defined in
section 381.1 of title 9, Code of Federal Regulations
(or successor regulations)) that is subject to
inspection under the Poultry Products Inspection Act
(21 U.S.C. 451 et seq.).
(2) Employee.--The term ``employee'' has the meaning given
the term in section 3 of the Occupational Safety and Health Act
of 1970 (29 U.S.C. 652).
SEC. 332. ENDING DANGEROUS HIGHER-SPEED SLAUGHTER AND SELF-INSPECTION
SYSTEMS.
(a) Definition of Covered Program.--
(1) In general.--The term ``covered program'' means any
waiver, program, or regulation that--
(A) 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 Act;
(B) reduces the number of Federal inspectors in
covered establishments; or
(C) replaces Federal inspectors at covered
establishments with employees of the covered
establishments for purposes of inspection.
(2) Inclusions.--The term ``covered program'' includes--
(A) the New Swine Slaughter Inspection System
described in the final rule entitled ``Modernization of
Swine Slaughter Inspection'' (84 Fed. Reg. 52300
(October 1, 2019));
(B) the New Poultry Inspection System described in
the final rule entitled ``Modernization of Poultry
Slaughter Inspection'' (79 Fed. Reg. 49566 (August 21,
2014)); and
(C) any waiver issued under an inspection system
described in subparagraph (A) or (B).
(b) Termination of Covered Programs.--The Secretary, acting through
the Administrator of the Food Safety and Inspection Service, shall
terminate or suspend implementation of or conversion to, as applicable,
all covered programs.
SEC. 333. FUNDING FOR ADDITIONAL OSHA INSPECTORS.
There is authorized to be appropriated $60,000,000 for each of
fiscal years 2024 through 2033 for the hiring of additional inspectors
to carry out inspections under section 8 of the Occupational Safety and
Health Act of 1970 (29 U.S.C. 657) in covered establishments.
SEC. 334. FUNDING FOR ADDITIONAL FSIS INSPECTORS.
(a) In General.--There is authorized to be appropriated to the
Secretary $50,000,000 for each of fiscal years 2024 through 2033 to
hire additional full-time equivalent positions within the Food Safety
and Inspection Service relating to inspections conducted pursuant to,
and the enforcement of, Public Law 85-765 (commonly known as the
``Humane Methods of Slaughter Act of 1958'') (7 U.S.C. 1901 et seq.).
(b) Priority for Hiring.--In carrying out subsection (a), priority
shall be given to hiring personnel--
(1) to inspect processing facilities (as described by the
term ``eligible facility'' in section 764 of division N of the
Consolidated Appropriations Act, 2021 (21 U.S.C. 473)); and
(2) in regions with the highest number of vacancies within
the Food Safety and Inspection Service.
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