I 

118TH CONGRESS 

1ST SESSION H. R. 5041 

To amend the Animal Welfare Act to expand and improve the enforcement 

capabilities of the Attorney General, and for other purposes. 

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 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Better Collaboration, 

5 Accountability, and Regulatory Enforcement for Animals 

6 Act of 2023’’ or the ‘‘Better CARE for Animals Act of 

7 2023’’. 


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1 SEC. 2. STRENGTHENING ANIMAL WELFARE ENFORCE2 MENT. 

3 (a) DEFINITIONS.—Section 2 of the Animal Welfare 

4 Act (7 U.S.C. 2132) is amended— 

5 (1) in subsection (b), by striking ‘‘of the United 

6 States or his representative who shall be an em7 ployee of the United States’’ and inserting ‘‘or a 

8 representative of the Secretary of Agriculture, who 

9 shall be an employee of the’’; 

10 (2) in subsection (c)(1), by adding ‘‘or’’ at the 

11 end after the semicolon; and 

12 (3) in each of subsections (a) through (o)— 

13 (A) by inserting a subsection heading, the 

14 text of which comprises the term defined in the 

15 subsection; 

16 (B) by reordering the subsections so as to 

17 appear in alphabetical order based on the sub18 section headings (as so added); and 

19 (C) by redesignating the subsections (as so 

20 reordered) appropriately. 

21 (b) SALE OR TRANSPORTATION WITHOUT LI22 CENSE.—Section 4 of the Animal Welfare Act (7 U.S.C. 

23 2134) is amended to read as follows: 

24 ‘‘SEC. 4. SALE OR TRANSPORTATION WITHOUT LICENSE. 

25 ‘‘No dealer or exhibitor shall do any of the following 

26 in commerce: exhibit, purchase, offer to purchase, sell, 


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1 offer to sell, transport, or offer for transportation any ani2 mal, unless the dealer or exhibitor has a valid license from 

3 the Secretary that has not been suspended.’’. 

4 (c) INVESTIGATIONS AND INSPECTIONS.—Section 

5 16(c) of the Animal Welfare Act (7 U.S.C. 2146(c)) is 

6 amended in the fourth sentence by striking ‘‘enforce, and 

7 to prevent and restrain violations of this Act,’’ and insert8 ing ‘‘enforce, prevent, and restrain violations of this Act, 

9 or any rule, standard, or regulation promulgated pursuant 

10 to this Act,’’. 

11 (d) CIVIL PENALTY.—Section 19 of the Animal Wel12 fare Act (7 U.S.C. 2149) is amended— 

13 (1) in subsection (d), in the first sentence, by 

14 inserting ‘‘, or any rule, standard, or regulation pro15 mulgated thereunder,’’ before ‘‘shall’’; and 

16 (2) by adding at the end the following: 

17 ‘‘(e) REWARDS AND CERTAIN INCIDENTAL EX18 PENSES.—With respect to the sums received by the Sec19 retary or the Attorney General as penalties or fines for 

20 any violation of this Act or any rule, standard, or regula21 tion promulgated thereunder, the Secretary or the Attor22 ney General, as applicable, shall use those sums to pay 

23 the reasonable and necessary costs incurred by any person 

24 in providing temporary care for any animal pending the 


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1 disposition of any civil or criminal proceeding alleging a 

2 violation of this Act with respect to that animal.’’. 

3 (e) ENFORCEMENT BY ATTORNEY GENERAL.—The 

4 Animal Welfare Act is amended by inserting after section 

5 19 (7 U.S.C. 2149) the following: 

6 ‘‘SEC. 20. ENFORCEMENT BY ATTORNEY GENERAL. 

7 ‘‘(a) IN GENERAL.—The Attorney General may bring 

8 a civil action in the appropriate district court of the 

9 United States for appropriate relief, including a temporary 

10 restraining order, preliminary or permanent injunction 

11 (including for removal or relocation of animals), license 

12 revocation, and civil penalties of up to $10,000 for each 

13 violation for each day during which the violation con14 tinues, against any person who violates any provision of 

15 this Act or any rule, standard, or regulation promulgated 

16 thereunder. 

17 ‘‘(b) SEIZURE AND FORFEITURE OF ANIMALS.— 

18 ‘‘(1) IN GENERAL.—Any animal that is sub19 jected to conduct that constitutes a violation of this 

20 Act, or any rule, standard, or regulation promul21 gated thereunder, shall be subject to seizure and for22 feiture to the United States in accordance with 

23 chapter 46 of title 18, United States Code. 

24 ‘‘(2) COSTS.—Any person whose act or omis25 sion is the basis for a seizure authorized by subparaVerDate Sep 11 2014 00:39 Aug 16, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H5041.IH H5041

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1 graph (1) may be charged a reasonable fee for ex2 penses to the United States relating to the transfer 

3 and care of the seized animal. 

4 ‘‘(c) WARRANTS.—The judges of the district courts 

5 of the United States and United States magistrate judges 

6 may, within their respective jurisdictions, on proper oath 

7 or affirmation showing probable cause, issue such war8 rants or other processes as may be required for enforce9 ment of this Act and any rule, standard, or regulation pro10 mulgated thereunder. 

11 ‘‘(d) SAVINGS CLAUSE.— 

12 ‘‘(1) ATTORNEY GENERAL.—No action taken by 

13 the Attorney General pursuant to this section shall 

14 affect or limit the authority of the Secretary to en15 force any provision of this Act or any rule, standard, 

16 or regulation thereunder. 

17 ‘‘(2) SECRETARY.—No action taken by the Sec18 retary shall affect or limit the authority of the At19 torney General under this Act.’’. 

20 (f) AUTHORITY TO APPLY FOR INJUNCTIONS.—Sec21 tion 29(b) of the Animal Welfare Act (7 U.S.C. 2159(b)) 

22 is amended by striking the second sentence. 

23 (g) SEVERABILITY.—The Animal Welfare Act (7 

24 U.S.C. 2131 et seq.) is amended by adding at the end 

25 the following: 


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1 ‘‘SEC. 30. SEVERABILITY. 

2 ‘‘If any provision of this Act, or the application there3 of, is held invalid, the validity of the remainder of this 

4 Act and the application of such provision to other persons 

5 and circumstances shall not be affected.’’. 

6 (h) MEMORANDUM OF UNDERSTANDING.—Not later 

7 than 180 days after the date of enactment of this Act, 

8 the Secretary of Agriculture shall enter into a memo9 randum of understanding with the Attorney General to 

10 carry out the authorities granted by the amendments 

11 made by this section, including an agreement to provide 

12 the Attorney General with timely information about viola13 tors who have multiple citations that seriously or adversely 

14 affect the health or well-being of an animal. 

15 SEC. 3. SENSE OF CONGRESS. 

16 It is the sense of Congress that— 

17 (1) section 16(c) of the Animal Welfare Act (7 

18 U.S.C. 2146(c)) establishes the jurisdiction of Fed19 eral courts to address violations of, and cases arising 

20 from violations of, that Act and provides the Attor21 ney General with the authority to bring such cases 

22 in Federal court; and 

23 (2) the enforcement jurisdiction of the Federal 

24 courts, and the corresponding enforcement authority 

25 of the Attorney General, include violations of the 


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1 rules, standards, and regulations promulgated under 

2 that Act. 

Æ 


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