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:

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.