[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 349 Introduced in House (IH)]
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119th CONGRESS
1st Session
H. R. 349
To amend the Animal Welfare Act to increase enforcement with respect to
violations of that Act, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 13, 2025
Ms. Malliotakis (for herself, Mr. Krishnamoorthi, Mr. Fitzpatrick, Mr.
Quigley, Mr. Smith of New Jersey, and Mr. Nunn of Iowa) introduced the
following bill; which was referred to the Committee on Agriculture
_______________________________________________________________________
A BILL
To amend the Animal Welfare Act to increase enforcement with respect to
violations of that Act, 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 ``Goldie's Act''.
SEC. 2. INCREASING USDA ENFORCEMENT OF VIOLATIONS OF ANIMAL WELFARE
ACT.
(a) Violation Defined.--Section 2 of the Animal Welfare Act (7
U.S.C. 2132) is amended by adding at the end the following:
``(p) The term `violation' means, with respect to a provision of
this Act or any regulation or standard issued thereunder, any
deficiency, deviation, or other failure to comply with any such
provision or regulation or standard.''.
(b) Inspections and Investigations.--Section 16(a) of the Animal
Welfare Act (7 U.S.C. 2146(a)) is amended to read as follows:
``(a)(1) The Secretary shall determine whether any dealer,
exhibitor, intermediate handler, carrier, research facility, or
operator of an auction sale subject to section 12 of this Act, has
violated or is violating any provision of this Act or any regulation or
standard issued thereunder.
``(2) The Secretary shall, at all reasonable times, have access to
the places of business and the facilities, animals, and those records
required to be kept pursuant to section 10 of any such dealer,
exhibitor, intermediate handler, carrier, research facility, or
operator of an auction sale.
``(3) The Secretary shall make such inspections and investigations
necessary to make such a determination and shall document and record a
detailed description of any violation observed during such inspections
and investigations. The Secretary shall inspect each research facility
and the premises of each dealer, and each exhibitor, including any
properties, animals, facilities, vehicles, equipments or other premises
used or intended for use in an activity subject to regulation under
this Act, at least once each year and, in the case of any violation of
this Act, shall conduct such follow-up inspections as may be necessary
until all such violations are corrected.
``(4)(A) The Secretary shall promulgate such rules and regulations
necessary to require inspectors to confiscate or destroy in a humane
manner any animal described in subparagraph (B). Such confiscation
shall occur promptly upon discovery during an inspection or
investigation conducted pursuant to this section of an animal meeting
the criteria specified in clause (i) of such subparagraph. Any dealer,
exhibitor, intermediate handler, or carrier that has been notified of
the intent of an inspector to confiscate such an animal shall be
prohibited from destroying that animal, in any manner, and until the
Secretary has completed that confiscation, shall be prohibited from
destroying any other animal in their ownership or possession, without
prior written consent to do so from the Secretary.
``(B) An animal described in this subparagraph is an animal that
is--
``(i) found during an inspection or investigation conducted
pursuant to this section to be suffering physical or
psychological harm as a result of a failure to comply with any
provision of this Act or any regulation or standard issued
thereunder; and
``(ii) held by a dealer, exhibitor, an operator of an
auction sale, an intermediate handler or carrier, or a research
facility, and in the case of an animal held by a research
facility, no longer required by such research facility to carry
out the research, test, or experiment for which such animal has
been utilized.''.
(c) Agency Cooperation.--Section 15 of the Animal Welfare Act (7
U.S.C. 2145) is amended by adding at the end the following:
``(c) The Secretary shall provide a copy of all records documenting
any violation identified during inspection or investigation pursuant to
section 16 to State, local, and municipal animal control or law
enforcement officials of appropriate jurisdiction within 24 hours of
such inspection or investigation.''.
(d) Revocation of License, Civil Penalties, Appeal, Fines, and
Imprisonment.--Section 19(b) of the Animal Welfare Act (7 U.S.C.
2149(b)) is amended to read as follows:
``(b)(1) Any dealer, exhibitor, research facility, intermediate
handler, carrier, or operator of an auction sale subject to section 12
of this Act, that violates any provision of this Act, or any rule,
regulation, or standard promulgated by the Secretary thereunder, shall
be subject to a civil penalty by the Secretary of not more than $10,000
for each such violation, and the Secretary shall also make an order
that such person shall cease and desist from continuing such violation.
Each violation and each day during which a violation continues shall be
a separate offense.
``(2) Verified delivery of an inspection report prepared pursuant
to section 16 shall serve as notice for purposes of this section. No
penalty shall be assessed or cease and desist order issued unless such
person is given notice and opportunity to be heard with respect to the
alleged violation, and the order of the Secretary assessing a penalty
and making a cease and desist order shall be final and conclusive
unless the affected person files an appeal from the Secretary's order
with the appropriate United States Court of Appeals.
``(3) A hearing under this section shall be conducted by, at
minimum, one veterinarian, and two additional animal care specialists
or directors. A hearing under this section shall take place within 21
days after notice of the violation has been delivered unless the
Secretary identifies a reasonable basis for continuance.
``(4) The Secretary shall give due consideration to the
appropriateness of the penalty with respect to the size of the business
of the person involved, the gravity of the violation, the person's good
faith, and the history of previous violations. Any such penalty shall
be calculated on a per animal and per violation basis and may not be
reduced by 10 percent or more. The Secretary shall designate a
responsible party within the Department of Agriculture to establish
penalty guidelines for violations and to verify that the Department
adheres to such guidelines. Such guidelines shall be established in a
manner to reasonably discourage future violations.
``(5) Upon any failure to pay the penalty assessed by a final order
under this section, the Secretary shall request the Attorney General to
institute a civil action in a district court of the United States or
other United States court for any district in which such person is
found or resides or transacts business, to collect the penalty, and
such court shall have jurisdiction to hear and decide any such action.
Any person who knowingly fails to obey a cease and desist order made by
the Secretary under this section shall be subject to a civil penalty of
$1,500.''.
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