Text: S.3797 — 116th Congress (2019-2020)All Information (Except Text)

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Introduced in Senate (05/21/2020)


116th CONGRESS
2d Session
S. 3797


To provide overtime and holiday fee relief for small meat, poultry, and egg processing plants, and for other purposes.


IN THE SENATE OF THE UNITED STATES

May 21, 2020

Mr. Moran (for himself, Mr. Bennet, Ms. Smith, and Mr. Casey) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry


A BILL

To provide overtime and holiday fee relief for small meat, poultry, and egg processing plants, 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.

This Act may be cited as the “Small Packer Overtime and Holiday Fee Relief for COVID–19 Act of 2020”.

SEC. 2. Overtime and holiday fee relief for small meat, poultry, and egg processing plants.

(a) Definitions.—In this section:

(1) COVERED ACT.—The term “covered Act” means—

(A) the Federal Meat Inspection Act (21 U.S.C. 601 et seq.);

(B) the Poultry Products Inspection Act (21 U.S.C. 451 et seq.); and

(C) the Egg Products Inspection Act (21 U.S.C. 1031 et seq.).

(2) ESTABLISHMENT.—The term “establishment” means—

(A) a meat establishment subject to the requirements of the Federal Meat Inspection Act (21 U.S.C. 601 et seq.);

(B) a poultry establishment subject to the requirements of the Poultry Products Inspection Act (21 U.S.C. 451 et seq.); and

(C) an egg products processing plant subject to the requirements of the Egg Products Inspection Act (21 U.S.C. 1031 et seq.).

(3) SECRETARY.—The term “Secretary” means the Secretary of Agriculture.

(4) SMALL ESTABLISHMENT; VERY SMALL ESTABLISHMENT.—The terms “small establishment” and “very small establishment” have the meaning given those terms in the final rule entitled “Pathogen Reduction; Hazard Analysis and Critical Control Point (HACCP) Systems” (61 Fed. Reg. 38806 (July 25, 1996)).

(b) Overtime and holiday fees.—

(1) IN GENERAL.—Notwithstanding any other provision of law, for an inspection of an establishment conducted pursuant to a covered Act, the Secretary shall discount the rate charged—

(A) by not less than 30 percent of the overtime and holiday published rate in the case of a small establishment; and

(B) by not less than 75 percent of the overtime and holiday published rate in the case of a very small establishment.

(2) RULEMAKING; RETROACTIVE IMPLEMENTATION.—Not later than 60 days after the date of enactment of this Act, the Secretary shall—

(A) complete a rulemaking establishing the discounted rates required under paragraph (1); and

(B) implement those discounted rates to apply retroactively to the date of enactment of this Act.

(c) Effectiveness.—The Secretary—

(1) shall carry out subsection (b) until the funds appropriated under subsection (d) are expended; and

(2) may carry out subsection (b) after those funds are expended only to the extent and in the amount provided in advance in appropriations Acts.

(d) Funding.—There is appropriated to the Secretary, out of funds in the Treasury not otherwise appropriated, $58,000,000, to remain available until expended, to carry out subsection (b).


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