118 HR 5041 IH: Better Collaboration, Accountability, and Regulatory Enforcement for Animals Act of 2023
U.S. House of Representatives
2023-07-27
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I
118th CONGRESS
1st Session
H. R. 5041
IN THE HOUSE OF REPRESENTATIVES
July 27, 2023
Mr. Reschenthaler (for himself and Mr. Quigley) introduced the following bill; which was referred to the Committee on Agriculture
A BILL
To amend the Animal Welfare Act to expand and improve the enforcement capabilities of the Attorney General, and for other purposes.
1.

Short title
This Act may be cited as the “Better Collaboration, Accountability, and Regulatory Enforcement for Animals Act of 2023” or the “Better CARE for Animals Act of 2023”.
2.

Strengthening animal welfare enforcement
(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)(1), by adding “or” at the end after the semicolon; and
(3)
in each of subsections (a) through (o)—
(A)
by inserting a subsection heading, the text of which comprises the term defined in the subsection;
(B)
by reordering the subsections so as to appear in alphabetical order based on the subsection headings (as so added); and
(C)
by redesignating the subsections (as so reordered) appropriately.
(b)

Sale or transportation without license
Section 4 of the Animal Welfare Act (7 U.S.C. 2134) is amended to read as follows:
“4.

Sale or transportation without license
No dealer or exhibitor shall do any of the following in commerce: exhibit, purchase, offer to purchase, sell, offer to sell, transport, or offer for transportation any animal, unless the dealer or exhibitor has a valid license from the Secretary that has not been suspended.”.
(c)

Investigations and inspections
Section 16(c) of the Animal Welfare Act (7 U.S.C. 2146(c)) is amended in the fourth sentence by striking “enforce, and to prevent and restrain violations of this Act,” and inserting “enforce, prevent, and restrain violations of this Act, or any rule, standard, or regulation promulgated pursuant to this Act,”.
(d)

Civil penalty
Section 19 of the Animal Welfare Act (7 U.S.C. 2149) is amended—
(1)
in subsection (d), in the first sentence, by inserting “, or any rule, standard, or regulation promulgated thereunder,” before “shall”; and
(2)
by adding at the end the following:
“(e)

Rewards and certain incidental expenses
With respect to the sums received by the Secretary or the Attorney General as penalties or fines for any violation of this Act or any rule, standard, or regulation promulgated thereunder, the Secretary or the Attorney General, as applicable, shall use those sums to pay the reasonable and necessary costs incurred by any person in providing temporary care for any animal pending the disposition of any civil or criminal proceeding alleging a violation of this Act with respect to that animal.”.
(e)

Enforcement by Attorney General
The Animal Welfare Act is amended by inserting after section 19 (7 U.S.C. 2149) the following:
“20.

Enforcement by Attorney General
(a)

In general
The Attorney General may bring a civil action in the appropriate district court of the United States for appropriate relief, including a temporary restraining order, preliminary or permanent injunction (including for removal or relocation of animals), license revocation, and civil penalties of up to $10,000 for each violation for each day during which the violation continues, against any person who violates any provision of this Act or any rule, standard, or regulation promulgated thereunder.
(b)

Seizure and forfeiture of animals
(1)

In general
Any animal that is subjected to conduct that constitutes a violation of this Act, or any rule, standard, or regulation promulgated thereunder, shall be subject to seizure and forfeiture to the United States in accordance with chapter 46 of title 18, United States Code.
(2)

Costs
Any person whose act or omission is the basis for a seizure authorized by subparagraph (1) may be charged a reasonable fee for expenses to the United States relating to the transfer and care of the seized animal.
(c)

Warrants
The judges of the district courts of the United States and United States magistrate judges may, within their respective jurisdictions, on proper oath or affirmation showing probable cause, issue such warrants or other processes as may be required for enforcement of this Act and any rule, standard, or regulation promulgated thereunder.
(d)

Savings clause
(1)

Attorney general
No action taken by the Attorney General pursuant to this section shall affect or limit the authority of the Secretary to enforce any provision of this Act or any rule, standard, or regulation thereunder.
(2)

Secretary
No action taken by the Secretary shall affect or limit the authority of the Attorney General under this Act.”.
(f)

Authority to apply for injunctions
Section 29(b) of the Animal Welfare Act (7 U.S.C. 2159(b)) is amended by striking the second sentence.
(g)

Severability
The Animal Welfare Act (7 U.S.C. 2131 et seq.) is amended by adding at the end the following:
“30.

Severability
If any provision of this Act, or the application thereof, is held invalid, the validity of the remainder of this Act and the application of such provision to other persons and circumstances shall not be affected.”.
(h)

Memorandum of understanding
Not later than 180 days after the date of enactment of this Act, the Secretary of Agriculture shall enter into a memorandum of understanding with the Attorney General to carry out the authorities granted by the amendments made by this section, including an agreement to provide the Attorney General with timely information about violators who have multiple citations that seriously or adversely affect the health or well-being of an animal.
3.

Sense of Congress
It is the sense of Congress that—
(1)
section 16(c) of the Animal Welfare Act (7 U.S.C. 2146(c)) establishes the jurisdiction of Federal courts to address violations of, and cases arising from violations of, that Act and provides the Attorney General with the authority to bring such cases in Federal court; and
(2)
the enforcement jurisdiction of the Federal courts, and the corresponding enforcement authority of the Attorney General, include violations of the rules, standards, and regulations promulgated under that Act.