Small Packer Overtime and Holiday Fee Relief for COVID–19 Act of 2020

II 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) intro- duced the following bill; which was read twice and referred to the Com- mittee 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 Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Small Packer Overtime 4 and Holiday Fee Relief for COVID–19 Act of 2020’’. 5 SEC. 2. OVERTIME AND HOLIDAY FEE RELIEF FOR SMALL 6 MEAT, POULTRY, AND EGG PROCESSING 7 PLANTS. 8 (a) DEFINITIONS.—In this section: 9 VerDate Sep 11 2014 09:23 Jun 14, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S3797.IS S3797 pbinns on DSKJLVW7X2PROD with BILLS 2 •S 3797 IS (1) COVERED ACT.—The term ‘‘covered Act’’ 1 means— 2 (A) the Federal Meat Inspection Act (21 3 U.S.C. 601 et seq.); 4 (B) the Poultry Products Inspection Act 5 (21 U.S.C. 451 et seq.); and 6 (C) the Egg Products Inspection Act (21 7 U.S.C. 1031 et seq.). 8 (2) ESTABLISHMENT.—The term ‘‘establish- 9 ment’’ means— 10 (A) a meat establishment subject to the re- 11 quirements of the Federal Meat Inspection Act 12 (21 U.S.C. 601 et seq.); 13 (B) a poultry establishment subject to the 14 requirements of the Poultry Products Inspec- 15 tion Act (21 U.S.C. 451 et seq.); and 16 (C) an egg products processing plant sub- 17 ject to the requirements of the Egg Products 18 Inspection Act (21 U.S.C. 1031 et seq.). 19 (3) SECRETARY.—The term ‘‘Secretary’’ means 20 the Secretary of Agriculture. 21 (4) SMALL ESTABLISHMENT; VERY SMALL ES- 22 TABLISHMENT.—The terms ‘‘small establishment’’ 23 and ‘‘very small establishment’’ have the meaning 24 given those terms in the final rule entitled ‘‘Patho- 25 VerDate Sep 11 2014 09:23 Jun 14, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S3797.IS S3797 pbinns on DSKJLVW7X2PROD with BILLS 3 •S 3797 IS gen Reduction; Hazard Analysis and Critical Control 1 Point (HACCP) Systems’’ (61 Fed. Reg. 38806 2 (July 25, 1996)). 3 (b) OVERTIME AND HOLIDAY FEES.— 4 (1) IN GENERAL.—Notwithstanding any other 5 provision of law, for an inspection of an establish- 6 ment conducted pursuant to a covered Act, the Sec- 7 retary shall discount the rate charged— 8 (A) by not less than 30 percent of the 9 overtime and holiday published rate in the case 10 of a small establishment; and 11 (B) by not less than 75 percent of the 12 overtime and holiday published rate in the case 13 of a very small establishment. 14 (2) RULEMAKING; RETROACTIVE IMPLEMENTA- 15 TION.—Not later than 60 days after the date of en- 16 actment of this Act, the Secretary shall— 17 (A) complete a rulemaking establishing the 18 discounted rates required under paragraph (1); 19 and 20 (B) implement those discounted rates to 21 apply retroactively to the date of enactment of 22 this Act. 23 (c) EFFECTIVENESS.—The Secretary— 24 VerDate Sep 11 2014 09:23 Jun 14, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S3797.IS S3797 pbinns on DSKJLVW7X2PROD with BILLS 4 •S 3797 IS (1) shall carry out subsection (b) until the 1 funds appropriated under subsection (d) are ex- 2 pended; and 3 (2) may carry out subsection (b) after those 4 funds are expended only to the extent and in the 5 amount provided in advance in appropriations Acts. 6 (d) FUNDING.—There is appropriated to the Sec- 7 retary, out of funds in the Treasury not otherwise appro- 8 priated, $58,000,000, to remain available until expended, 9 to carry out subsection (b). 10 Æ VerDate Sep 11 2014 09:23 Jun 14, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\S3797.IS S3797 pbinns on DSKJLVW7X2PROD with BILLS