To amend the Animal Welfare Act to increase enforcement with respect to violations of that Act, and for other purposes.
Bill: H.R.6100 | Sponsor: Rep. Axne, Cynthia (D-IA)
Policy area: Animals

Summary:
This bill revises enforcement provisions under the Animal Welfare Act (AWA), including by directing inspectors to confiscate or destroy in a humane manner animals found to be suffering physical or psychological harm as a result of failure to comply with the AWA.

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. 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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