,,ii #aahth ,,congress #b;d ,session ,s4 #djcc ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #ba1 #bjbd,mr4 ,blumenthal 7for himself and ,mr4 ,scott of ,florida7 introduced the following bill2 which was read twice and referred to the ,committee on ,agriculture1 ,nutrition1 and ,forestry ,a ,,bill ,to amend the ,animal ,welfare ,act to strengthen enforcement with respect to violations of that ,act1 and for other purposes4 #a4 ,short title ,this ,act may be cited as ,goldie's ,act of #bjbd4 #b4 ,strengthening enforcement of violations of ,animal ,welfare ,act 7a7 ,definitions ,section #b of the ,animal ,welfare ,act 7#g ,u4,s4,c4 #bacb7 is amended-- 7#a7 in subsection 7b71 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 ,agriculture1 who shall be an employee of the2 7#b7 in subsection 7c7-- 7,a7 by redesignating paragraphs 7#a7 and 7#b7 as subparagraphs 7,a7 and 7,b71 respectively1 and indenting the subparagraphs appropriately2 7,b7 in subparagraph 7,a7 7as so redesignated71 by adding or after the semicolon at the end2 and 7,c7 in subparagraph 7,b7 7as so redesignated71 by striking paragraph 7#a7 and inserting subparagraph 7,a72 7#c7 in each of subsections 7e71 7f71 and 7g7-- 7,a7 by striking 7#a7 each place it appears and inserting 7,a72 and 7,b7 by striking 7#b7 each place it appears and inserting 7,b72 7#d7 in subsection 7g71 in the first sentence1 by striking 7#c7 other farm animals1 such as1 but not limited to and inserting 7,c7 other farm animals1 including2 7#e7 by redesignating subsections 7a7 through 7o7 as paragraphs 7#aa71 7#ad71 7#c71 7#ae71 7#ac71 7#e71 7#a71 7#f71 7#aj71 7#b71 7#g71 7#h71 7#ab71 7#d71 and 7#i71 respectively1 indenting the paragraphs appropriately1 and moving the paragraphs so as to appear in numerical order2 7#f7 in each of paragraphs 7#a7 through 7#ae7 7as so redesignated71 by inserting a paragraph heading1 the text of which comprises the term defined in the paragraph2 and 7#g7 by adding at the end the following3 7#af7 ,violation ,the term violation1 with respect to a provision of this ,act or any regulation or standard issued pursuant to this ,act1 means any deficiency1 deviation1 or other failure to comply with that provision1 regulation1 or standard4 4 7b7 ,cooperation with ,state law enforcement ,section #ae7;b7 of the ,animal ,welfare ,act 7#g ,u4,s4,c4 #bade7;b77 is amended-- 7#a7 by striking 7b7 ,the ,secretary and inserting the following3 7b7 ,state coordination 7#a7 ,in general ,the ,secretary 2 and 7#b7 by adding at the end the following3 7#b7 ,coordination with law enforcement ,the ,secretary1 acting through the ,animal and ,plant ,health ,inspection ,service1 shall-- 7,a7 submit to each ,state1 local1 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 pain1 suffering1 injury1 or death to an animal within the jurisdiction of the official not later than #dh hours after the suspected violation is discovered2 and 7,b7 provide to an official described in subparagraph 7,a7 images relating to a suspected violation for which a notification is submitted under that subparagraph not later than #aj days after the date on which the suspected violation is discovered4 4 7c7 ,inspections and investigations ,section #af7;a7 of the ,animal ,welfare ,act 7#g ,u4,s4,c4 #badf7;a77 is amended-- 7#a7 by striking the subsection designation and all that follows through at all reasonable times1 in the first sentence and inserting the following3 7a7 ,determination of violation 7#a7 ,in general ,the ,secretary shall determine whether any dealer1 exhibitor1 intermediate handler1 carrier1 research facility1 or operator of an auction sale subject to section #ab has violated1 or is violating1 any provision of this ,act or any regulation or standard issued pursuant to this ,act4 7#b7 ,access ,the ,secretary shall1 at all reasonable times1 2 and 7#b7 in paragraph 7#b7 7as so designated71 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 following3 7#c7 ,inspections and investigations 7,a7 ,in general ,the ,secretary shall-- 7i7 carry out the necessary inspections and investigations to make a determination under paragraph 7#a72 7ii7 document and record a detailed description of-- 7,i7 any violation observed during such an inspection or investigation2 and 7,,ii7 any animal observed to be in poor condition during the inspection or investigation1 regardless of whether the animal is under the care of a veterinarian2 and 7iii7 in the case of a violation of this ,act or standards promulgated thereunder at a research facility1 shall conduct such follow-up inspections as may be necessary until all violations are corrected4 7,b7 ,frequency ,in carrying out subparagraph 7,a71 the ,secretary shall conduct-- 7i7 a compliance inspection of each research facility and the premises of each dealer and exhibitor1 including any properties1 animals1 facilities1 vehicles1 equipment1 or other premises used1 or intended for use1 in an activity subject to regulation under this ,act1 as applicable-- 7,i7 not less frequently than once each year2 or 7,,ii7 for a dealer or exhibitor the properties1 animals1 facilities1 vehicles1 equipment1 and other premises of which have received inspection reports indicating no violations for each of the first #e calendar years beginning after the date of enactment of this subparagraph1 not less frequently than once every #b years1 unless a violation is discovered in any type of inspection 7including an inspection for purposes of relicensing72 and 7ii7 in any case in which a violation that has caused or permitted any pain1 suffering1 injury1 or death to an animal is discovered on the premises of a dealer or exhibitor in any type of inspection 7including an inspection for purposes of relicensing71 any necessary follow-up inspections of the dealer or exhibitor1 in order to ensure that humane care and treatment 7including veterinary care7 has been1 and is continuing to be1 provided until the violation is corrected1 if applicable4 7#d7 ,confiscation or destruction 7,a7 ,in general ,the ,secretary shall promulgate regulations to require inspectors to promptly confiscate1 or destroy in a humane manner1 any animal described in subparagraph 7,c74 7,b7 ,notice to confiscate ,any dealer1 exhibitor1 intermediate handler1 or carrier that has received a notice of the intent of an inspector to confiscate an animal described in subparagraph 7,c7 shall be prohibited from-- 7i7 destroying that animal in any manner2 and 7ii7 until the ,secretary has completed the confiscation1 destroying any other animal in the ownership or possession of the dealer1 exhibitor1 intermediate handler1 or carrier1 as applicable1 without prior written consent from the ,secretary4 7,c7 ,description of animals ,an animal referred to in subparagraphs 7,a7 and 7,b7 is an animal that is held by a dealer1 exhibitor1 operator of an auction sale1 intermediate handler or carrier1 or research facility that-- 7i7 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 ,act2 and 7ii7 in the case of an animal held by a research facility1 is no longer required by the research facility to carry out the research1 test1 or experiment for which the animal has been utilized4 4 7d7 ,searchable database requirements ,section #ghh of the ,agriculture1 ,rural ,development1 ,food and ,drug ,administration1 and ,related ,agencies ,appropriations ,act1 #bjbj 7#g ,u4,s4,c4 #badf;a71 is amended-- 7#a7 in subsection 7b7-- 7,a7 by striking three each place it appears and inserting #c2 7,b7 in the matter preceding paragraph 7#a71 by striking without redactions except signatures1 the following records3 and inserting without redactions 7except for signatures7--2 7,c7 in paragraph 7#a71 by striking 7#a7 all final and all that follows through inventories and inserting the following3 7,a7 each final inspection report under the ,animal ,welfare ,act 7#g ,u4,s4,c4 #baca et seq471 including-- 7i7 each report documenting a violation of1 or instance of noncompliance with1 any provision of that ,act observed by an official of the ,department of ,agriculture2 7ii7 any images relating to a violation or instance of noncompliance described in clause 7i7 that has caused or permitted any pain1 suffering1 injury1 or death to an animal2 and 7iii7 each animal inventory 2 7,d7 in paragraph 7#b71 by striking 7#b7 all final ,animal ,welfare ,act and ,horse ,protection ,act enforcement records and inserting the following3 7,b7 each final enforcement record under the ,animal ,welfare ,act 7#g ,u4,s4,c4 #baca et seq47 and the ,horse ,protection ,act 7#ae ,u4,s4,c4 #ahba et seq47 2 7,e7 in paragraph 7#c7-- 7i7 by striking non-compliances observed by ,,usda officials and inserting instances of noncompliance observed by an official of the ,department of ,agriculture1 including any images relating to such a violation or instance of noncompliance that has caused or permitted any pain1 suffering1 injury1 or death to an animal12 and 7ii7 by striking 7#c7 all reports or other materials and inserting the following3 7,c7 each report and other material 2 and 7,f7 in paragraph 7#d7-- 7i7 by striking ,,usda and inserting the ,department of ,agriculture2 and 7ii7 by striking 7#d7 within six months of receipt by the agency1 all final ,animal ,welfare ,act research facility annual reports1 including their and inserting the following3 7,d7 not later than #ahj days after the date of receipt by the ,animal and ,plant ,health ,inspection ,service1 each final annual report for a research facility under the ,animal ,welfare ,act 7#g ,u4,s4,c4 #baca et seq471 including any 2 7#b7 by redesignating subsections 7a7 and 7b7 as paragraphs 7#a7 and 7#b71 respectively1 and indenting the paragraphs appropriately2 7#c7 in the matter preceding paragraph 7#a7 7as so redesignated71 by striking ,the ,animal and ,plant ,health ,inspection ,service shall1 notwithstanding any other provision of law3 and inserting the following3 7a7 ,restoration and contents ,notwithstanding any other provision of law1 the ,animal and ,plant ,health ,inspection ,service shall-- 2 and 7#d7 by adding at the end the following3 7b7 ,timing 7#a7 ,in general ,each report described in subsection 7a77#b7 shall-- 7,a7 be uploaded to the database described in subsection 7a77#a7 not later than #dh hours after the date on which1 as applicable-- 7i7 any appeal relating to the report is resolved2 or 7ii7 for a report that is not appealed by the entity that is the subject of the report1 the applicable deadline to appeal expires2 and 7,b7 remain on the database for not less than #aj years after the date on which the report is uploaded under subparagraph 7,a74 7#b7 ,images ,the requirement to include images under subparagraphs 7,a77ii7 and 7,c7 of subsection 7a77#b7 takes effect on the date that is #cj days after the date of enactment of ,goldie's ,act of #bjbd4 4 7e7 ,revocation of license1 civil penalties1 appeal1 fines1 and imprisonment ,section #ai7;b7 of the ,animal ,welfare ,act 7#g ,u4,s4,c4 #badi7;b77 is amended-- 7#a7 in the seventh sentence-- 7,a7 by striking a civil penalty and all that follows through the period at the end and inserting a civil penalty of #a1ejj42 and 7,b7 by striking ,any person and inserting the following3 7#f7 ,failure to obey cease and desist ,any person 2 7#b7 in the sixth sentence1 by striking ,upon any failure and inserting the following3 7#e7 ,failure to pay penalty ,on any failure 2 7#c7 by striking the fifth sentence2 7#d7 in the fourth sentence1 by striking ,the ,secretary shall give and inserting the following3 7#d7 ,penalty amount 7,a7 ,in general ,the ,secretary shall give 2 7#e7 in the third sentence1 by striking ,no penalty shall be assessed and inserting the following3 7#c7 ,notice and opportunity for hearing 7,a7 ,in general ,no penalty shall be assessed 2 7#f7 in the second sentence1 by striking ,each violation and inserting the following3 7#b7 ,separate offenses ,each violation 2 7#g7 in the first sentence1 by striking 7b7 ,any dealer and inserting the following3 7b7 ,civil penalty 7#a7 ,in general ,any dealer 2 7#h7 in paragraph 7#a7 7as so designated7-- 7,a7 by striking thereunder1 may be assessed and inserting pursuant to this ,act1 shall be subject to2 and 7,b7 by striking may also make and inserting shall also make2 7#i7 in paragraph 7#c7 7as so designated7-- 7,a7 in subparagraph 7,a7 7as so designated71 by striking violation1 and the order of the ,secretary and inserting the following3 violation4 7,b7 ,treatment as final order ,an order of the ,secretary under this subsection 2 and 7,b7 by adding at the end the following3 7,c7 ,notice ,verified delivery of an inspection report prepared pursuant to section #af shall serve as notice under subparagraph 7,a74 7,d7 ,hearing 7i7 ,panel ,a hearing under this section shall be conducted by1 at a minimum1 #a veterinarian and #b animal care specialists or directors4 7ii7 ,timing ,a hearing under this section shall take place by not later than #ba days after the date on which notice of the violation has been provided1 unless the ,secretary identifies a reasonable basis for continuance4 2 and 7#aj7 in paragraph 7#d7 7as so designated71 by adding at the end the following3 7,b7 ,calculation ,a penalty assessed by the ,secretary under this section-- 7i7 shall be calculated on a per animal and per violation basis2 and 7ii7 may not be reduced by #aj percent or more4 7,c7 ,guidelines ,the ,secretary shall-- 7i7 establish penalty guidelines for violations of this ,act in a manner that reasonably discourages future violations2 and 7ii7 verify that the ,department of ,agriculture adheres to those guidelines4 4 7f7 ,technical corrections 7#a7 ,the ,animal ,welfare ,act 7#g ,u4,s4,c4 #baca et seq47 is amended-- 7,a7 by striking as he each place it appears and inserting as the ,secretary2 7,b7 by striking section #c of this ,act each place it appears and inserting section #c2 7,c7 by striking section #ab of this ,act each place it appears and inserting section #ab2 7,d7 by striking section #ac of this ,act each place it appears and inserting section #ac2 7,e7 by striking section #bc of this ,act each place it appears and inserting section #bc2 and 7,f7 by striking section #bf of this ,act each place it appears and inserting section #bf4 7#b7 ,section #a7;b7 of the ,animal ,welfare ,act 7#g ,u4,s4,c4 #baca7;b77 is amended-- 7,a7 by striking ,the ,congress each place it appears and inserting ,congress2 7,b7 in paragraph 7#a71 by striking insure and inserting ensure2 and 7,c7 in paragraph 7#b71 by striking assure and inserting ensure4 7#c7 ,section #ac of the ,animal ,welfare ,act 7#g ,u4,s4,c4 #badc7 is amended-- 7,a7 in subsection 7a77#f77;,a7-- 7i7 in clause 7i71 by striking paragraphs 7#g7 of this subsection1 shall be construed as authorizing and inserting paragraph 7#g71 authorizes2 and 7ii7 in clause 7ii71 by striking as provided subparagraphs 7,a7 and 7,c77ii7 through 7v7 of paragraph 7#c7 and paragraph 7#g7 of this subsection1 shall be construed as authorizing and inserting as provided in paragraph 7#c77;,a71 clauses 7ii7 through 7v7 of paragraph 7#c77;,c71 and paragraph 7#g71 authorizes2 7,b7 by redesignating subsections 7g7 and 7h7 as subsections 7h7 and 7i71 respectively2 7,c7 by redesignating the second subsection 7f7 7relating to veterinary certification7 as subsection 7g72 7,d7 in subsection 7f7-- 7i7 in the first sentence1 by striking that he and inserting that the veterinarian2 and 7ii7 in the last sentence1 by striking section #aj of this ,act and inserting section #aj2 and 7,e7 in subsection 7h7 7as so redesignated71 in the second sentence1 by striking when he and inserting when the ,secretary4 7#d7 ,section #ad of the ,animal ,welfare ,act 7#g ,u4,s4,c4 #badd7 is amended by striking sections #ac7;a71 7f71 7g71 and 7h7 each place it appears and inserting subsections 7a71 7f71 7g71 and 7h7 of section #ac4 7#e7 ,section #ae7;a7 of the ,animal ,welfare ,act 7#g ,u4,s4,c4 #bade7;a77 is amended1 in the third sentence1 by striking if he and inserting if the ,secretary of ,transportation4 7#f7 ,section #af7;c7 of the ,animal ,welfare ,act 7#g ,u4,s4,c4 #badf7;c77 is amended-- 7,a7 in the first sentence1 by striking the ,act entitled ,an ,act to create a ,federal ,trade ,commission1 to define its powers and duties1 and for other purposes1 approved ,september #bf1 #aiad 7#ch ,stat4 #gba-gbc1 as amended2 #ae ,u4,s4,c4 #df1 #dh1 #di1 and #ej7 7except paragraph 7c7 through 7h7 of section #f and the last paragraph of section #i7 and inserting the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #df1 #dh1 #di1 #ej7 7except subsections 7c7 through 7h7 of section #f of that ,act72 7,b7 in the second sentence1 by striking his duties and inserting the duties of the ,secretary2 7,c7 in the third sentence1 by striking the ,act of ,september #bf1 #aiad1 as amended1 and inserting the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #di1 #ej72 and 7,d7 in the last sentence1 by striking of this ,act4 7#g7 ,section #ai7;a7 of the ,animal ,welfare ,act 7#g ,u4,s4,c4 #badi7;a77 is amended by striking he may and inserting the ,secretary may4 7#h7 ,section #bd of the ,animal ,welfare ,act 7#g ,u4,s4,c4 #baed7 7as amended by paragraph 7#a77;,f77 is amended1 in the fifth sentence1 by striking paragraphs 7b71 7c7 and 7d7 of section #ac and with section #bf1 as so amended and inserting subsections 7b71 7c71 and 7d7 of section #ac1 and with section #bf4 7#i7 ,section #be of the ,animal ,welfare ,act 7#g ,u4,s4,c4 #baee7 is amended-- 7,a7 in the undesignated matter following paragraph 7#e71 by striking ,this report as well as and inserting the following3 7b7 ,limitation ,the report under subsection 7a7 and 2 7,b7 in the matter preceding paragraph 7#a71 by striking ,not later and all that follows through the ,secretary and inserting the following3 7a7 ,in general ,not later than ,march #ca of each year beginning after the date of enactment of this section1 the ,secretary 2 and 7,c7 in subsection 7a7 7as so designated7-- 7i7 in paragraph 7#b71 by striking section #af of this ,act and inserting section #af2 7ii7 in paragraph 7#c71 by adding and after the semicolon at the end2 7iii7 in paragraph 7#d71 by striking 2 and at the end and inserting a period2 and 7iv7 by striking paragraph 7#e74 7#aj7 ,section #bf of the ,animal ,welfare ,act 7#g ,u4,s4,c4 #baef7 is amended-- 7,a7 in subsection 7c71 by inserting or before promoting2 and 7,b7 in subsection 7f77#c71 by adding and after the semicolon at the end4 #c4 ,rule of construction ,nothing in this ,act or the amendments made by this ,act amends1 modifies1 or limits the definition of the term animal in section #b of the ,animal ,welfare ,act 7#g ,u4,s4,c4 #bacb7 for purposes of that ,act4