[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4033 Introduced in Senate (IS)]

<DOC>






118th CONGRESS
  2d Session
                                S. 4033

To amend the Animal Welfare Act to strengthen enforcement with respect 
           to violations of that Act, and for other purposes.


_______________________________________________________________________


                   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.

    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 of 2024''.

SEC. 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.

SEC. 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.
                                 <all>