What This Bill Does
This bill modifies the Animal Welfare Act to strengthen how the federal government enforces animal protection rules. It increases inspection requirements, allows confiscation of animals suffering harm, requires faster reporting to local authorities, and increases penalties for violations.
Who It Affects
Animal dealers, animal exhibitors, research facilities, intermediate handlers (people or businesses that temporarily hold animals during transport), animal carriers, operators of auction sales, and state and local animal control or law enforcement officials.
Key Provisions
• The Secretary of Agriculture must determine whether businesses subject to animal welfare rules have violated those rules and must inspect each research facility and premises of dealers and exhibitors at least once per year, with follow-up inspections needed if violations are found (Sec. 2(b)).
• Inspectors can confiscate or humanely destroy animals found suffering physical or psychological harm due to failure to follow animal welfare rules, and businesses cannot destroy the animal or other animals in their possession once notified of intent to confiscate without written permission from the Secretary (Sec. 2(b)).
• The Secretary must provide copies of all violation records to state, local and municipal animal control or law enforcement officials within 24 hours of inspection (Sec. 2(c)).
• Violations can result in civil penalties of up to $10,000 per violation, with each day a violation continues counting as a separate offense, and the Secretary must issue a cease and desist order (stop doing this activity order) (Sec. 2(d)).
• Hearings on violations must include at least one veterinarian and two additional animal care specialists or directors and must occur within 21 days of notice unless the Secretary identifies a reasonable reason for delay (Sec. 2(d)).
What Changes
The bill adds a formal definition of "violation" to the Animal Welfare Act as any failure to comply with the act's provisions or any regulations created under it. It requires the Secretary of Agriculture to conduct mandatory annual inspections of all regulated facilities. It allows confiscation of animals suffering harm. It mandates 24-hour reporting to local authorities of all violations found. It increases maximum civil penalties to $10,000 per violation and sets a $1,500 penalty for ignoring cease and desist orders. It requires that penalty calculations be based per animal and per violation and cannot be reduced by 10 percent or more.
Important Definitions
"Violation" means any deficiency, deviation or other failure to comply with any provision of the Animal Welfare Act or any regulation or standard issued under it (Sec. 2(a)).
I
118TH CONGRESS
1ST SESSION H. R. 1788
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
MARCH 24, 2023
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 Representa-
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tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as ‘‘Goldie’s Act’’.
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SEC. 2. INCREASING USDA ENFORCEMENT OF VIOLATIONS
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OF ANIMAL WELFARE ACT.
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(a) VIOLATION DEFINED.—Section 2 of the Animal
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Welfare Act (7 U.S.C. 2132) is amended by adding at the
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end the following:
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‘‘(p) The term ‘violation’ means, with respect to a
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provision of this Act or any regulation or standard issued
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thereunder, any deficiency, deviation, or other failure to
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comply with any such provision or regulation or stand-
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ard.’’.
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(b) INSPECTIONS
AND
INVESTIGATIONS.—Section
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16(a) of the Animal Welfare Act (7 U.S.C. 2146(a)) is
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amended to read as follows:
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‘‘(a)(1) The Secretary shall determine whether any
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dealer, exhibitor, intermediate handler, carrier, research
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facility, or operator of an auction sale subject to section
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12 of this Act, has violated or is violating any provision
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of this Act or any regulation or standard issued there-
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under.
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‘‘(2) The Secretary shall, at all reasonable times,
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have access to the places of business and the facilities,
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animals, and those records required to be kept pursuant
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to section 10 of any such dealer, exhibitor, intermediate
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handler, carrier, research facility, or operator of an auc-
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tion sale.
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‘‘(3) The Secretary shall make such inspections and
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investigations necessary to make such a determination and
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shall document and record a detailed description of any
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violation observed during such inspections and investiga-
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tions. The Secretary shall inspect each research facility
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and the premises of each dealer, and each exhibitor, in-
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cluding any properties, animals, facilities, vehicles, equip-
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ments or other premises used or intended for use in an
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activity subject to regulation under this Act, at least once
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each year and, in the case of any violation of this Act,
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shall conduct such follow-up inspections as may be nec-
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essary until all such violations are corrected.
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‘‘(4)(A) The Secretary shall promulgate such rules
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and regulations necessary to require inspectors to con-
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fiscate or destroy in a humane manner any animal de-
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scribed in subparagraph (B). Such confiscation shall occur
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promptly upon discovery during an inspection or investiga-
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tion conducted pursuant to this section of an animal meet-
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ing the criteria specified in clause (i) of such subpara-
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graph. Any dealer, exhibitor, intermediate handler, or car-
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rier that has been notified of the intent of an inspector
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to confiscate such an animal shall be prohibited from de-
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stroying that animal, in any manner, and until the Sec-
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retary has completed that confiscation, shall be prohibited
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from destroying any other animal in their ownership or
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possession, without prior written consent to do so from
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the Secretary.
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‘‘(B) An animal described in this subparagraph is an
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animal that is—
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‘‘(i) found during an inspection or investigation
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conducted pursuant to this section to be suffering
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physical or psychological harm as a result of a fail-
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ure to comply with any provision of this Act or any
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regulation or standard issued thereunder; and
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‘‘(ii) held by a dealer, exhibitor, an operator of
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an auction sale, an intermediate handler or carrier,
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or a research facility, and in the case of an animal
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held by a research facility, no longer required by
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such research facility to carry out the research, test,
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or experiment for which such animal has been uti-
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lized.’’.
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(c) AGENCY COOPERATION.—Section 15 of the Ani-
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mal Welfare Act (7 U.S.C. 2145) is amended by adding
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at the end the following:
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‘‘(c) The Secretary shall provide a copy of all records
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documenting any violation identified during inspection or
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investigation pursuant to section 16 to State, local, and
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municipal animal control or law enforcement officials of
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appropriate jurisdiction within 24 hours of such inspection
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or investigation.’’.
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(d) REVOCATION OF LICENSE, CIVIL PENALTIES, AP-
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PEAL, FINES, AND IMPRISONMENT.—Section 19(b) of the
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Animal Welfare Act (7 U.S.C. 2149(b)) is amended to
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read as follows:
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‘‘(b)(1) Any dealer, exhibitor, research facility, inter-
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mediate handler, carrier, or operator of an auction sale
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subject to section 12 of this Act, that violates any provi-
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sion of this Act, or any rule, regulation, or standard pro-
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mulgated by the Secretary thereunder, shall be subject to
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a civil penalty by the Secretary of not more than $10,000
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for each such violation, and the Secretary shall also make
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an order that such person shall cease and desist from con-
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tinuing such violation. Each violation and each day during
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which a violation continues shall be a separate offense.
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‘‘(2) Verified delivery of an inspection report pre-
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pared pursuant to section 16 shall serve as notice for pur-
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poses of this section. No penalty shall be assessed or cease
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and desist order issued unless such person is given notice
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and opportunity to be heard with respect to the alleged
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violation, and the order of the Secretary assessing a pen-
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alty and making a cease and desist order shall be final
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and conclusive unless the affected person files an appeal
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from the Secretary’s order with the appropriate United
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States Court of Appeals.
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‘‘(3) A hearing under this section shall be conducted
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by, at minimum, one veterinarian, and two additional ani-
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mal care specialists or directors. A hearing under this sec-
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tion shall take place within 21 days after notice of the
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violation has been delivered unless the Secretary identifies
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a reasonable basis for continuance.
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‘‘(4) The Secretary shall give due consideration to the
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appropriateness of the penalty with respect to the size of
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the business of the person involved, the gravity of the vio-
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lation, the person’s good faith, and the history of previous
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violations. Any such penalty shall be calculated on a per
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animal and per violation basis and may not be reduced
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by 10 percent or more. The Secretary shall designate a
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responsible party within the Department of Agriculture to
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establish penalty guidelines for violations and to verify
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that the Department adheres to such guidelines. Such
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guidelines shall be established in a manner to reasonably
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discourage future violations.
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‘‘(5) Upon any failure to pay the penalty assessed by
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a final order under this section, the Secretary shall request
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the Attorney General to institute a civil action in a district
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court of the United States or other United States court
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for any district in which such person is found or resides
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or transacts business, to collect the penalty, and such
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court shall have jurisdiction to hear and decide any such
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action. Any person who knowingly fails to obey a cease
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and desist order made by the Secretary under this section
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shall be subject to a civil penalty of $1,500.’’.
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