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-
tives 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: 
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‘‘(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 stand-
ard.’’. 
(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 there-
under. 
‘‘(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 auc-
tion 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 investiga-
tions. The Secretary shall inspect each research facility 
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and the premises of each dealer, and each exhibitor, in-
cluding any properties, animals, facilities, vehicles, equip-
ments 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 nec-
essary until all such violations are corrected. 
‘‘(4)(A) The Secretary shall promulgate such rules 
and regulations necessary to require inspectors to con-
fiscate or destroy in a humane manner any animal de-
scribed in subparagraph (B). Such confiscation shall occur 
promptly upon discovery during an inspection or investiga-
tion conducted pursuant to this section of an animal meet-
ing the criteria specified in clause (i) of such subpara-
graph. Any dealer, exhibitor, intermediate handler, or car-
rier that has been notified of the intent of an inspector 
to confiscate such an animal shall be prohibited from de-
stroying that animal, in any manner, and until the Sec-
retary 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— 
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‘‘(i) found during an inspection or investigation 
conducted pursuant to this section to be suffering 
physical or psychological harm as a result of a fail-
ure 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 uti-
lized.’’. 
(c) AGENCY COOPERATION.—Section 15 of the Ani-
mal 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, AP-
PEAL, FINES, AND IMPRISONMENT.—Section 19(b) of the 
Animal Welfare Act (7 U.S.C. 2149(b)) is amended to 
read as follows: 
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‘‘(b)(1) Any dealer, exhibitor, research facility, inter-
mediate handler, carrier, or operator of an auction sale 
subject to section 12 of this Act, that violates any provi-
sion of this Act, or any rule, regulation, or standard pro-
mulgated 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 con-
tinuing such violation. Each violation and each day during 
which a violation continues shall be a separate offense. 
‘‘(2) Verified delivery of an inspection report pre-
pared pursuant to section 16 shall serve as notice for pur-
poses 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 pen-
alty 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 ani-
mal care specialists or directors. A hearing under this sec-
tion shall take place within 21 days after notice of the 
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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 vio-
lation, 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.’’. 
Æ 
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