HR349-119

2. Increasing USDA enforcement of violations of Animal Welfare Act Section 2 of the Animal Welfare Act (7 U.S.C. 2132) is amended by adding at the end the following: The term violation means, with respect to a provision of this Act or any regulation or standard issued thereunder, any deficiency, deviation, or other failure to comply with any such provision or regulation or standard. Section 16(a) of the Animal Welfare Act (7 U.S.C. 2146(a)) is amended to read as follows: The Secretary shall determine whether any dealer, exhibitor, intermediate handler, carrier, research facility, or operator of an auction sale subject to section 12 of this Act, has violated or is violating any provision of this Act or any regulation or standard issued thereunder. The Secretary shall, at all reasonable times, have access to the places of business and the facilities, animals, and those records required to be kept pursuant to section 10 of any such dealer, exhibitor, intermediate handler, carrier, research facility, or operator of an auction sale. 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 investigations. The Secretary shall inspect each research facility and the premises of each dealer, and each exhibitor, including any properties, animals, facilities, vehicles, equipments or other premises used or intended for use in an activity subject to regulation under this Act, at least once each year and, in the case of any violation of this Act, shall conduct such follow-up inspections as may be necessary until all such violations are corrected. 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 (B). 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 (i) of such subparagraph. Any dealer, exhibitor, intermediate handler, or carrier that has been notified of the intent of an inspector to confiscate such an animal shall be prohibited from destroying that animal, in any manner, and until the Secretary has completed that confiscation, shall be prohibited from destroying any other animal in their ownership or possession, without prior written consent to do so from the Secretary. An animal described in this subparagraph is an animal that is— 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 thereunder; and held by a dealer, exhibitor, an operator of an auction sale, an intermediate handler or carrier, or a research facility, and in the case of an animal held by a research facility, no longer required by such research facility to carry out the research, test, or experiment for which such animal has been utilized. Section 15 of the Animal Welfare Act (7 U.S.C. 2145) is amended by adding at the end the following: The Secretary shall provide a copy of all records documenting any violation identified during inspection or investigation pursuant to section 16 to State, local, and municipal animal control or law enforcement officials of appropriate jurisdiction within 24 hours of such inspection or investigation. Section 19(b) of the Animal Welfare Act (7 U.S.C. 2149(b)) is amended to read as follows: Any dealer, exhibitor, research facility, intermediate handler, carrier, or operator of an auction sale subject to section 12 of this Act, that violates any provision of this Act, or any rule, regulation, or standard promulgated by the Secretary thereunder, shall be subject to a civil penalty by the Secretary of not more than $10,000 for each such violation, and the Secretary shall also make an order that such person shall cease and desist from continuing such violation. Each violation and each day during which a violation continues shall be a separate offense. Verified delivery of an inspection report prepared pursuant to section 16 shall serve as notice for purposes of this section. 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 violation, 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 Appeals. A hearing under this section shall be conducted by, at minimum, one veterinarian, and two additional animal care specialists or directors. A hearing under this section shall take place within 21 days after notice of the violation has been delivered unless the Secretary identifies a reasonable basis for continuance. The Secretary shall give due consideration to the appropriateness of the penalty with respect to the size of the business of the person involved, the gravity of the violation, the person’s good faith, and the history of previous violations. Any such penalty shall be calculated on a per animal and per violation basis and may not be reduced by 10 percent or more. 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 guidelines. Such guidelines shall be established in a manner to reasonably discourage future violations. Upon any failure to pay the penalty assessed by a final order under this section, 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 business, to collect the penalty, and such court shall have jurisdiction to hear and decide any such action. 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 $1,500. (p)The term violation means, with respect to a provision of this Act or any regulation or standard issued thereunder, any deficiency, deviation, or other failure to comply with any such provision or regulation or standard. . (a)(1)The Secretary shall determine whether any dealer, exhibitor, intermediate handler, carrier, research facility, or operator of an auction sale subject to section 12 of this Act, has violated or is violating any provision of this Act or any regulation or standard issued thereunder.(2)The Secretary shall, at all reasonable times, have access to the places of business and the facilities, animals, and those records required to be kept pursuant to section 10 of any such dealer, exhibitor, intermediate handler, carrier, research facility, or operator of an auction sale. (3)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 investigations. The Secretary shall inspect each research facility and the premises of each dealer, and each exhibitor, including any properties, animals, facilities, vehicles, equipments or other premises used or intended for use in an activity subject to regulation under this Act, at least once each year and, in the case of any violation of this Act, shall conduct such follow-up inspections as may be necessary until all such violations are corrected.(4)(A)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 (B). 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 (i) of such subparagraph. Any dealer, exhibitor, intermediate handler, or carrier that has been notified of the intent of an inspector to confiscate such an animal shall be prohibited from destroying that animal, in any manner, and until the Secretary has completed that confiscation, shall be prohibited from destroying any other animal in their ownership or possession, without prior written consent to do so from the Secretary. (B)An animal described in this subparagraph is an animal that is—(i)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 thereunder; and (ii)held by a dealer, exhibitor, an operator of an auction sale, an intermediate handler or carrier, or a research facility, and in the case of an animal held by a research facility, no longer required by such research facility to carry out the research, test, or experiment for which such animal has been utilized.. (c)The Secretary shall provide a copy of all records documenting any violation identified during inspection or investigation pursuant to section 16 to State, local, and municipal animal control or law enforcement officials of appropriate jurisdiction within 24 hours of such inspection or investigation. . (b)(1)Any dealer, exhibitor, research facility, intermediate handler, carrier, or operator of an auction sale subject to section 12 of this Act, that violates any provision of this Act, or any rule, regulation, or standard promulgated by the Secretary thereunder, shall be subject to a civil penalty by the Secretary of not more than $10,000 for each such violation, and the Secretary shall also make an order that such person shall cease and desist from continuing such violation. Each violation and each day during which a violation continues shall be a separate offense.(2)Verified delivery of an inspection report prepared pursuant to section 16 shall serve as notice for purposes of this section. 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 violation, 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 Appeals.(3)A hearing under this section shall be conducted by, at minimum, one veterinarian, and two additional animal care specialists or directors. A hearing under this section shall take place within 21 days after notice of the violation has been delivered unless the Secretary identifies a reasonable basis for continuance.(4)The Secretary shall give due consideration to the appropriateness of the penalty with respect to the size of the business of the person involved, the gravity of the violation, the person’s good faith, and the history of previous violations. Any such penalty shall be calculated on a per animal and per violation basis and may not be reduced by 10 percent or more. 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 guidelines. Such guidelines shall be established in a manner to reasonably discourage future violations.(5)Upon any failure to pay the penalty assessed by a final order under this section, 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 business, to collect the penalty, and such court shall have jurisdiction to hear and decide any such action. 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 $1,500..