Goldie’s Act of 2024

Bill: 118-s-4033
Sponsor: full_name: Sen. Blumenthal, Richard [D-CT]
Introduced: 2024-03-21
Policy area: Animals
Latest action: action_date: 2024-03-21
text: Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry.

Summaries:

tv_txt: II 118th CONGRESS 2d Session S. 4033 IN THE SENATE OF THE UNITED STATES March 21, 2024 Mr. Blumenthal (for himself and Mr. Scott of Florida ) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry A BILL To amend the Animal Welfare Act to strengthen enforcement with respect to violations of that Act, and for other purposes.

1. Short title This Act may be cited as Goldie’s Act of 2024 . 2. Strengthening enforcement of violations of Animal Welfare Act (a) Definitions Section 2 of the Animal Welfare Act ( 7 U.S.C. 2132 ) is amended— (1) in subsection (b), by striking of the United States or his representative who shall be an employee of the United States and inserting or a representative of the Secretary of Agriculture, who shall be an employee of the ; (2) in subsection (c)— (A) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and indenting the subparagraphs appropriately; (B) in subparagraph (A) (as so redesignated), by adding or after the semicolon at the end; and (C) in subparagraph (B) (as so redesignated), by striking paragraph (1) and inserting subparagraph (A) ; (3) in each of subsections (e), (f), and (g)— (A) by striking (1) each place it appears and inserting (A) ; and (B) by striking (2) each place it appears and inserting (B) ; (4) in subsection (g), in the first sentence, by striking (3) other farm animals, such as, but not limited to and inserting (C) other farm animals, including ; (5) by redesignating subsections (a) through (o) as paragraphs (11), (14), (3), (15), (13), (5), (1), (6), (10), (2), (7), (8), (12), (4), and (9), respectively, indenting the paragraphs appropriately, and moving the paragraphs so as to appear in numerical order; (6) in each of paragraphs (1) through (15) (as so redesignated), by inserting a paragraph heading, the text of which comprises the term defined in the paragraph; and (7) by adding at the end the following: (16) Violation The term violation , with respect to a provision of this Act or any regulation or standard issued pursuant to this Act, means any deficiency, deviation, or other failure to comply with that provision, regulation, or standard. . (b) Cooperation with State law enforcement Section 15(b) of the Animal Welfare Act ( 7 U.S.C. 2145(b) ) is amended— (1) by striking (b) The Secretary and inserting the following: (b) State coordination (1) In general The Secretary ; and (2) by adding at the end the following: (2) Coordination with law enforcement The Secretary, acting through the Animal and Plant Health Inspection Service, shall— (A) submit to each State, local, and municipal animal control or law enforcement official of appropriate jurisdiction a notification of any suspected violation of this Act that has caused or permitted any pain, suffering, injury, or death to an animal within the jurisdiction of the official not later than 48 hours after the suspected violation is discovered; and (B) provide to an official described in subparagraph (A) images relating to a suspected violation for which a notification is submitted under that subparagraph not later than 10 days after the date on which the suspected violation is discovered. . (c) Inspections and investigations Section 16(a) of the Animal Welfare Act ( 7 U.S.C. 2146(a) ) is amended— (1) by striking the subsection designation and all that follows through at all reasonable times, in the first sentence and inserting the following: (a) Determination of violation (1) In general The Secretary shall determine whether any dealer, exhibitor, intermediate handler, carrier, research facility, or operator of an auction sale subject to section 12 has violated, or is violating, any provision of this Act or any regulation or standard issued pursuant to this Act. (2) Access The Secretary shall, at all reasonable times, ; and (2) in paragraph (2) (as so designated), by striking The Secretary in the second sentence and all that follows through the period at the end of the third sentence and inserting the following: (3) Inspections and investigations (A) In general The Secretary shall— (i) carry out the necessary inspections and investigations to make a determination under paragraph (1); (ii) document and record a detailed description of— (I) any violation observed during such an inspection or investigation; and (II) any animal observed to be in poor condition during the inspection or investigation, regardless of whether the animal is under the care of a veterinarian; and (iii) in the case of a violation of this Act or standards promulgated thereunder at a research facility, shall conduct such follow-up inspections as may be necessary until all violations are corrected. (B) Frequency In carrying out subparagraph (A), the Secretary shall conduct— (i) a compliance inspection of each research facility and the premises of each dealer and exhibitor, including any properties, animals, facilities, vehicles, equipment, or other premises used, or intended for use, in an activity subject to regulation under this Act, as applicable— (I) not less frequently than once each year; or (II) for a dealer or exhibitor the properties, animals, facilities, vehicles, equipment, and other premises of which have received inspection reports indicating no violations for each of the first 5 calendar years beginning after the date of enactment of this subparagraph, not less frequently than once every 2 years, unless a violation is discovered in any type of inspection (including an inspection for purposes of relicensing); and (ii) in any case in which a violation that has caused or permitted any pain, suffering, injury, or death to an animal is discovered on the premises of a dealer or exhibitor in any type of inspection (including an inspection for purposes of relicensing), any necessary follow-up inspections of the dealer or exhibitor, in order to ensure that humane care and treatment (including veterinary care) has been, and is continuing to be, provided until the violation is corrected, if applicable. (4) Confiscation or destruction (A) In general The Secretary shall promulgate regulations to require inspectors to promptly confiscate, or destroy in a humane manner, any animal described in subparagraph (C). (B) Notice to confiscate Any dealer, exhibitor, intermediate handler, or carrier that has received a notice of the intent of an inspector to confiscate an animal described in subparagraph (C) shall be prohibited from— (i) destroying that animal in any manner; and (ii) until the Secretary has completed the confiscation, destroying any other animal in the ownership or possession of the dealer, exhibitor, intermediate handler, or carrier, as applicable, without prior written consent from the Secretary. (C) Description of animals An animal referred to in subparagraphs (A) and (B) is an animal that is held by a dealer, exhibitor, operator of an auction sale, intermediate handler or carrier, or research facility that— (i) is 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 pursuant to this Act; and (ii) in the case of an animal held by a research facility, is no longer required by the research facility to carry out the research, test, or experiment for which the animal has been utilized. . (d) Searchable database requirements Section 788 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2020 ( 7 U.S.C. 2146a ), is amended— (1) in subsection (b)— (A) by striking three each place it appears and inserting 3 ; (B) in the matter preceding paragraph (1), by striking without redactions except signatures, the following records: and inserting without redactions (except for signatures)— ; (C) in paragraph (1), by striking (1) all final and all that follows through inventories and inserting the following: (A) each final inspection report under the Animal Welfare Act ( 7 U.S.C. 2131 et seq. ), including— (i) each report documenting a violation of, or instance of noncompliance with, any provision of that Act observed by an official of the Department of Agriculture; (ii) any images relating to a violation or instance of noncompliance described in clause (i) that has caused or permitted any pain, suffering, injury, or death to an animal; and (iii) each animal inventory ; (D) in paragraph (2), by striking (2) all final Animal Welfare Act and Horse Protection Act enforcement records and inserting the following: (B) each final enforcement record under the Animal Welfare Act ( 7 U.S.C. 2131 et seq. ) and the Horse Protection Act ( 15 U.S.C. 1821 et seq. ) ; (E) in paragraph (3)— (i) by striking non-compliances observed by USDA officials and inserting instances of noncompliance observed by an official of the Department of Agriculture, including any images relating to such a violation or instance of noncompliance that has caused or permitted any pain, suffering, injury, or death to an animal, ; and (ii) by striking (3) all reports or other materials and inserting the following: (C) each report and other material ; and (F) in paragraph (4)— (i) by striking USDA and inserting the Department of Agriculture ; and (ii) by striking (4) within six months of receipt by the agency, all final Animal Welfare Act research facility annual reports, including their and inserting the following: (D) not later than 180 days after the date of receipt by the Animal and Plant Health Inspection Service, each final annual report for a research facility under the Animal Welfare Act ( 7 U.S.C. 2131 et seq. ), including any ; (2) by redesignating subsections (a) and (b) as paragraphs (1) and (2), respectively, and indenting the paragraphs appropriately; (3) in the matter preceding paragraph (1) (as so redesignated), by striking The Animal and Plant Health Inspection Service shall, notwithstanding any other provision of law: and inserting the following: (a) Restoration and contents Notwithstanding any other provision of law, the Animal and Plant Health Inspection Service shall— ; and (4) by adding at the end the following: (b) Timing (1) In general Each report described in subsection (a)(2) shall— (A) be uploaded to the database described in subsection (a)(1) not later than 48 hours after the date on which, as applicable— (i) any appeal relating to the report is resolved; or (ii) for a report that is not appealed by the entity that is the subject of the report, the applicable deadline to appeal expires; and (B) remain on the database for not less than 10 years after the date on which the report is uploaded under subparagraph (A). (2) Images The requirement to include images under subparagraphs (A)(ii) and (C) of subsection (a)(2) takes effect on the date that is 30 days after the date of enactment of Goldie’s Act of 2024 . . (e) 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— (1) in the seventh sentence— (A) by striking a civil penalty and all that follows through the period at the end and inserting a civil penalty of $1,500. ; and (B) by striking Any person and inserting the following: (6) Failure to obey cease and desist Any person ; (2) in the sixth sentence, by striking Upon any failure and inserting the following: (5) Failure to pay penalty On any failure ; (3) by striking the fifth sentence; (4) in the fourth sentence, by striking The Secretary shall give and inserting the following: (4) Penalty amount (A) In general The Secretary shall give ; (5) in the third sentence, by striking No penalty shall be assessed and inserting the following: (3) Notice and opportunity for hearing (A) In general No penalty shall be assessed ; (6) in the second sentence, by striking Each violation and inserting the following: (2) Separate offenses Each violation ; (7) in the first sentence, by striking (b) Any dealer and inserting the following: (b) Civil penalty (1) In general Any dealer ; (8) in paragraph (1) (as so designated)— (A) by striking thereunder, may be assessed and inserting pursuant to this Act, shall be subject to ; and (B) by striking may also make and inserting shall also make ; (9) in paragraph (3) (as so designated)— (A) in subparagraph (A) (as so designated), by striking violation, and the order of the Secretary and inserting the following: violation. (B) Treatment as final order An order of the Secretary under this subsection ; and (B) by adding at the end the following: (C) Notice Verified delivery of an inspection report prepared pursuant to section 16 shall serve as notice under subparagraph (A). (D) Hearing (i) Panel A hearing under this section shall be conducted by, at a minimum, 1 veterinarian and 2 animal care specialists or directors. (ii) Timing A hearing under this section shall take place by not later than 21 days after the date on which notice of the violation has been provided, unless the Secretary identifies a reasonable basis for continuance. ; and (10) in paragraph (4) (as so designated), by adding at the end the following: (B) Calculation A penalty assessed by the Secretary under this section— (i) shall be calculated on a per animal and per violation basis; and (ii) may not be reduced by 10 percent or more. (C) Guidelines The Secretary shall— (i) establish penalty guidelines for violations of this Act in a manner that reasonably discourages future violations; and (ii) verify that the Department of Agriculture adheres to those guidelines. . (f) Technical corrections (1) The Animal Welfare Act ( 7 U.S.C. 2131 et seq. ) is amended— (A) by striking as he each place it appears and inserting as the Secretary ; (B) by striking section 3 of this Act each place it appears and inserting section 3 ; (C) by striking section 12 of this Act each place it appears and inserting section 12 ; (D) by striking section 13 of this Act each place it appears and inserting section 13 ; (E) by striking section 23 of this Act each place it appears and inserting section 23 ; and (F) by striking section 26 of this Act each place it appears and inserting section 26 . (2) Section 1(b) of the Animal Welfare Act ( 7 U.S.C. 2131(b) ) is amended— (A) by striking The Congress each place it appears and inserting Congress ; (B) in paragraph (1), by striking insure and inserting ensure ; and (C) in paragraph (2), by striking assure and inserting ensure . (3) Section 13 of the Animal Welfare Act ( 7 U.S.C. 2143 ) is amended— (A) in subsection (a)(6)(A)— (i) in clause (i), by striking paragraphs (7) of this subsection, shall be construed as authorizing and inserting paragraph (7), authorizes ; and (ii) in clause (ii), by striking as provided subparagraphs (A) and (C)(ii) through (v) of paragraph (3) and paragraph (7) of this subsection, shall be construed as authorizing and inserting as provided in paragraph (3)(A), clauses (ii) through (v) of paragraph (3)(C), and paragraph (7), authorizes ; (B) by redesignating subsections (g) and (h) as subsections (h) and (i), respectively; (C) by redesignating the second subsection (f) (relating to veterinary certification) as subsection (g); (D) in subsection (f)— (i) in the first sentence, by striking that he and inserting that the veterinarian ; and (ii) in the last sentence, by striking section 10 of this Act and inserting section 10 ; and (E) in subsection (h) (as so redesignated), in the second sentence, by striking when he and inserting when the Secretary . (4) Section 14 of the Animal Welfare Act ( 7 U.S.C. 2144 ) is amended by striking sections 13(a), (f), (g), and (h) each place it appears and inserting subsections (a), (f), (g), and (h) of section 13 . (5) Section 15(a) of the Animal Welfare Act ( 7 U.S.C. 2145(a) ) is amended, in the third sentence, by striking if he and inserting if the Secretary of Transportation . (6) Section 16(c) of the Animal Welfare Act ( 7 U.S.C. 2146(c) ) is amended— (A) in the first sentence, by striking the Act entitled An Act to create a Federal Trade Commission, to define its powers and duties, and for other purposes, approved September 26, 1914 (38 Stat. 721–723, as amended; 15 U.S.C. 46 , 48, 49, and 50) (except paragraph (c) through (h) of section 6 and the last paragraph of section 9) and inserting the Federal Trade Commission Act ( 15 U.S.C. 46 , 48, 49, 50) (except subsections (c) through (h) of section 6 of that Act) ; (B) in the second sentence, by striking his duties and inserting the duties of the Secretary ; (C) in the third sentence, by striking the Act of September 26, 1914, as amended, and inserting the Federal Trade Commission Act ( 15 U.S.C. 49 , 50) ; and (D) in the last sentence, by striking of this Act . (7) Section 19(a) of the Animal Welfare Act ( 7 U.S.C. 2149(a) ) is amended by striking he may and inserting the Secretary may . (8) Section 24 of the Animal Welfare Act ( 7 U.S.C. 2154 ) (as amended by paragraph (1)(F)) is amended, in the fifth sentence, by striking paragraphs (b), (c) and (d) of section 13 and with section 26, as so amended and inserting subsections (b), (c), and (d) of section 13, and with section 26 . (9) Section 25 of the Animal Welfare Act ( 7 U.S.C. 2155 ) is amended— (A) in the undesignated matter following paragraph (5), by striking This report as well as and inserting the following: (b) Limitation The report under subsection (a) and ; (B) in the matter preceding paragraph (1), by striking Not later and all that follows through the Secretary and inserting the following: (a) In general Not later than March 31 of each year beginning after the date of enactment of this section, the Secretary ; and (C) in subsection (a) (as so designated)— (i) in paragraph (2), by striking section 16 of this Act and inserting section 16 ; (ii) in paragraph (3), by adding and after the semicolon at the end; (iii) in paragraph (4), by striking ; and at the end and inserting a period; and (iv) by striking paragraph (5). (10) Section 26 of the Animal Welfare Act ( 7 U.S.C. 2156 ) is amended— (A) in subsection (c), by inserting or before promoting ; and (B) in subsection (f)(3), by adding and after the semicolon at the end. 3. Rule of construction Nothing in this Act or the amendments made by this Act amends, modifies, or limits the definition of the term animal in section 2 of the Animal Welfare Act ( 7 U.S.C. 2132 ) for purposes of that Act.