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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 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’’. 
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SEC. 2. STRENGTHENING ANIMAL WELFARE ENFORCE-
MENT. 
(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 em-
ployee 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 sub-
section headings (as so added); and 
(C) by redesignating the subsections (as so 
reordered) appropriately. 
(b) SALE
OR
TRANSPORTATION
WITHOUT
LI-
CENSE.—Section 4 of the Animal Welfare Act (7 U.S.C. 
2134) is amended to read as follows: 
‘‘SEC. 4. SALE OR TRANSPORTATION WITHOUT LICENSE. 
‘‘No dealer or exhibitor shall do any of the following 
in commerce: exhibit, purchase, offer to purchase, sell, 
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offer to sell, transport, or offer for transportation any ani-
mal, 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 insert-
ing ‘‘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 Wel-
fare Act (7 U.S.C. 2149) is amended— 
(1) in subsection (d), in the first sentence, by 
inserting ‘‘, or any rule, standard, or regulation pro-
mulgated thereunder,’’ before ‘‘shall’’; and 
(2) by adding at the end the following: 
‘‘(e) REWARDS
AND
CERTAIN
INCIDENTAL
EX-
PENSES.—With respect to the sums received by the Sec-
retary or the Attorney General as penalties or fines for 
any violation of this Act or any rule, standard, or regula-
tion promulgated thereunder, the Secretary or the Attor-
ney 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 
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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: 
‘‘SEC. 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 con-
tinues, 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 sub-
jected to conduct that constitutes a violation of this 
Act, or any rule, standard, or regulation promul-
gated thereunder, shall be subject to seizure and for-
feiture to the United States in accordance with 
chapter 46 of title 18, United States Code. 
‘‘(2) COSTS.—Any person whose act or omis-
sion is the basis for a seizure authorized by subpara-
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graph (1) may be charged a reasonable fee for ex-
penses 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 war-
rants or other processes as may be required for enforce-
ment of this Act and any rule, standard, or regulation pro-
mulgated 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 en-
force any provision of this Act or any rule, standard, 
or regulation thereunder. 
‘‘(2) SECRETARY.—No action taken by the Sec-
retary shall affect or limit the authority of the At-
torney General under this Act.’’. 
(f) AUTHORITY TO APPLY FOR INJUNCTIONS.—Sec-
tion 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: 
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‘‘SEC. 30. SEVERABILITY. 
‘‘If any provision of this Act, or the application there-
of, 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 memo-
randum 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 viola-
tors who have multiple citations that seriously or adversely 
affect the health or well-being of an animal. 
SEC. 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 Fed-
eral courts to address violations of, and cases arising 
from violations of, that Act and provides the Attor-
ney 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 
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rules, standards, and regulations promulgated under 
that Act. 
Æ 
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