,i #aaith ,,congress #ast ,session ,h4 ,r4 #cdi ,,in ,,the ,,house ,,of ,,representatives ,january #ac1 #bjbe,ms4 ,malliotakis 7for herself1 ,mr4 ,krishnamoorthi1 ,mr4 ,fitzpatrick1 ,mr4 ,quigley1 ,mr4 ,smith of ,new ,jersey1 and ,mr4 ,nunn of ,iowa7 introduced the following bill2 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 ,act1 and for other purposes4 #a4 ,short title ,this ,act may be cited as ,goldie's ,act4 #b4 ,increasing ,,usda enforcement of violations of ,animal ,welfare ,act 7a7 ,violation defined ,section #b of the ,animal ,welfare ,act 7#g ,u4,s4,c4 #bacb7 is amended by adding at the end the following3 7p7 ,the term violation means1 with respect to a provision of this ,act or any regulation or standard issued thereunder1 any deficiency1 deviation1 or other failure to comply with any such provision or regulation or standard4 4 7b7 ,inspections and investigations ,section #af7;a7 of the ,animal ,welfare ,act 7#g ,u4,s4,c4 #badf7;a77 is amended to read as follows3 7a7 7#a7 ,the ,secretary shall determine whether any dealer1 exhibitor1 intermediate handler1 carrier1 research facility1 or operator of an auction sale subject to section #ab of this ,act1 has violated or is violating any provision of this ,act or any regulation or standard issued thereunder4 7#b7 ,the ,secretary shall1 at all reasonable times1 have access to the places of business and the facilities1 animals1 and those records required to be kept pursuant to section #aj of any such dealer1 exhibitor1 intermediate handler1 carrier1 research facility1 or operator of an auction sale4 7#c7 ,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 investigations4 ,the ,secretary shall inspect each research facility and the premises of each dealer1 and each exhibitor1 including any properties1 animals1 facilities1 vehicles1 equipments or other premises used or intended for use in an activity subject to regulation under this ,act1 at least once each year and1 in the case of any violation of this ,act1 shall conduct such follow-up inspections as may be necessary until all such violations are corrected4 7#d7 7,a7 ,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 7,b74 ,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 7i7 of such subparagraph4 ,any dealer1 exhibitor1 intermediate handler1 or carrier that has been notified of the intent of an inspector to confiscate such an animal shall be prohibited from destroying that animal1 in any manner1 and until the ,secretary has completed that confiscation1 shall be prohibited from destroying any other animal in their ownership or possession1 without prior written consent to do so from the ,secretary4 7,b7 ,an animal described in this subparagraph is an animal that is-- 7i7 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 thereunder2 and 7ii7 held by a dealer1 exhibitor1 an operator of an auction sale1 an intermediate handler or carrier1 or a research facility1 and in the case of an animal held by a research facility1 no longer required by such research facility to carry out the research1 test1 or experiment for which such animal has been utilized4 4 7c7 ,agency cooperation ,section #ae of the ,animal ,welfare ,act 7#g ,u4,s4,c4 #bade7 is amended by adding at the end the following3 7c7 ,the ,secretary shall provide a copy of all records documenting any violation identified during inspection or investigation pursuant to section #af to ,state1 local1 and municipal animal control or law enforcement officials of appropriate jurisdiction within #bd hours of such inspection or investigation4 4 7d7 ,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 to read as follows3 7b7 7#a7 ,any dealer1 exhibitor1 research facility1 intermediate handler1 carrier1 or operator of an auction sale subject to section #ab of this ,act1 that violates any provision of this ,act1 or any rule1 regulation1 or standard promulgated by the ,secretary thereunder1 shall be subject to a civil penalty by the ,secretary of not more than #aj1jjj for each such violation1 and the ,secretary shall also make an order that such person shall cease and desist from continuing such violation4 ,each violation and each day during which a violation continues shall be a separate offense4 7#b7 ,verified delivery of an inspection report prepared pursuant to section #af shall serve as notice for purposes of this section4 ,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 violation1 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 ,appeals4 7#c7 ,a hearing under this section shall be conducted by1 at minimum1 one veterinarian1 and two additional animal care specialists or directors4 ,a hearing under this section shall take place within #ba days after notice of the violation has been delivered unless the ,secretary identifies a reasonable basis for continuance4 7#d7 ,the ,secretary shall give due consideration to the appropriateness of the penalty with respect to the size of the business of the person involved1 the gravity of the violation1 the person's good faith1 and the history of previous violations4 ,any such penalty shall be calculated on a per animal and per violation basis and may not be reduced by #aj percent or more4 ,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 guidelines4 ,such guidelines shall be established in a manner to reasonably discourage future violations4 7#e7 ,upon any failure to pay the penalty assessed by a final order under this section1 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 business1 to collect the penalty1 and such court shall have jurisdiction to hear and decide any such action4 ,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 #a1ejj4 4