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118TH CONGRESS 1ST SESSION

H. R. 1788

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

IN THE HOUSE OF REPRESENTATIVES

MARCH 24, 2023

Ms. MALLIOTAKIS (for herself, Mr. KRISHNAMOORTHI, Mr. FITZPATRICK, Mr. QUIGLEY, Mr. SMITH of New Jersey, and Mr. NUNN of Iowa) introduced the following bill; which was referred to the Committee on Agriculture

Cosponsors as of 1/24/2024

89 Bipartisan Support 

Break Down Of HR1788

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

This is a bill introduced in the U.S. House of Representatives during the 118th Congress, 1st session. The bill is titled "Goldie's Act," and its primary purpose is to amend the Animal Welfare Act to enhance enforcement related to violations of that Act. The bill was introduced by Ms. MALLIOTAKIS, with support from several other representatives, and referred to the Committee on Agriculture.

Here's a plain text explanation of the key points:

Title: The bill is known as "Goldie's Act."

Section 2 - Increasing USDA Enforcement of Violations of Animal Welfare Act:

Definition of Violation: The bill defines "violation" as any deficiency, deviation, or other failure to comply with any provision, regulation, or standard under the Animal Welfare Act.

Inspections and Investigations: This section empowers the Secretary to inspect and investigate individuals or organizations subject to the Animal Welfare Act to determine if they are violating any provisions, regulations, or standards. The Secretary will have access to relevant facilities, records, and animals. Violations will be documented and reported.

Agency Cooperation: The Secretary must share records of violations with State, local, and municipal animal control or law enforcement officials within 24 hours of an inspection or investigation.

Revocation of License, Civil Penalties, Appeal, Fines, and Imprisonment: This section details the consequences of violations. Individuals or organizations found in violation can face civil penalties of up to $10,000 per violation, a cease and desist order, and required correction of violations. Violations can be assessed on a per-animal and per-violation basis. If the person disagrees with the assessment, they have the right to appeal. A hearing, conducted by experts, must take place within 21 days. The bill outlines considerations for setting the penalty, specifies guidelines, and mandates the collection of unpaid penalties. Violating a cease and desist order can result in a $1,500 civil penalty.

In summary, "Goldie's Act" seeks to strengthen enforcement of the Animal Welfare Act, ensuring that violations are thoroughly investigated, penalties are appropriate, and records of violations are shared with relevant authorities for cooperation and swift action. The bill aims to improve the welfare of animals and hold violators accountable for their actions.​

More Points on HR1788

H.R.1788 is completely driven by the animal rights organizations to push USDA into Obama-era adversarial enforcement practices and was issued under the false premise that because USDA write-ups for non-compliance declined under the Trump administration that USDA did not have strict enough enforcement. 

In other words, the animal rights groups, namely ASPCA, have made their assessment that because USDA was not regulating licensees out of business that they were not doing their job. 

This legislation is a by-product of ASPCA's lawsuit against USDA which perpetuates their false narrative about USDA regulatory enforcement being "too lax."

Key points of this legislation include:

Requiring animal dealers and exhibitors to renew their licenses annually, including a full pre-license inspection.

Inspections before issuing or renewing a license must be unannounced.

For initial applications, the applicant would have only two chances to pass an inspection. If any non-compliance is observed during the second inspection, the application would be denied, and the applicant could reapply after one year.

Renewal would require that the licensee have no more than one documented noncompliance with any standard for the humane care of animals during the previous two years.

Prohibiting USDA from issuing or renewing a license if the dealer or exhibitor has been found to have violated any federal, state, or local animal welfare law, or if the applicant is applying for a license to circumvent a state or local law prohibiting the private ownership of certain animals as pets.

Requiring USDA to suspend the license of any dealer or exhibitor who commits a violation that presents a risk to animal welfare, and to permanently revoke the license (after notice and opportunity for a hearing) if the violation persists or the licensee has committed multiple violations.

Preventing dealers and exhibitors whose licenses are suspended or revoked from being granted another license under another business name or through a business partner or family member, or from being employed by another licensee to work with animals during the period of the suspension or revocation.

Authorizing citizen suits to enforce the Animal Welfare Act (similar to the Endangered Species Act and other major federal environmental laws).

H.R. 1788 would require USDA to publish all unadjudicated inspection reports.

Referred to House Agriculture Committee/ House Subcommittee on Livestock and Foreign Agriculture. 

Inspections before issuing or renewing a license must be unannounced.

For initial applications, the applicant would have only two chances to pass an inspection. If any non-compliance is observed during the second inspection, the application would be denied, and the applicant could reapply after one year.

Renewal would require that the licensee have no more than one documented noncompliance with any standard for the humane care of animals during the previous two years.

Requiring USDA to suspend the license of any dealer or exhibitor who commits a violation that presents a risk to animal welfare, and to permanently revoke the license (after notice and opportunity for a hearing) if the violation persists or the licensee has committed multiple violations.

Requiring animal dealers and exhibitors to renew their licenses annually, including a full pre-license inspection.

Prohibiting USDA from issuing or renewing a license if the dealer or exhibitor has been found to have violated any federal, state, or local animal welfare law, or if the applicant is applying for a license to circumvent a state or local law prohibiting the private ownership of certain animals as pets.

Preventing dealers and exhibitors whose licenses are suspended or revoked from being granted another license under another business name or through a business partner or family member, or from being employed by another licensee to work with animals during the period of the suspension or revocation.

Authorizing citizen suits to enforce the Animal Welfare Act (like the Endangered Species Act and other major federal environmental laws).

Goldies act goes hand in hand with HR 5041, HR 1624, HR 2742 & S 1529

Goldies act is also referred to the Ag committee.

Link to Full Bill Text Here

Links Below to Committees and subcommittees

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