Better CARE for Animals Act of 2023

Bill: 118-hr-5041
Sponsor: full_name: Rep. Reschenthaler, Guy [R-PA-14]
Introduced: 2023-07-27
Policy area: Animals
Subjects: Animal protection and human-animal relationships

Civil actions and liability

Licensing and registrations

Retail and wholesale trades
Latest action: action_date: 2023-09-19
text: Referred to the Subcommittee on Livestock, Dairy, and Poultry.

Summaries:
action_date: 2023-07-27
action_desc: Introduced in House
text: <p><b>Better Collaboration, Accountability, and Regulatory Enforcement for Animals Act of 2023 or the Better CARE for Animals Act of 2023</b></p> <p>This bill modifies enforcement provisions under the Animal Welfare Act, including by allowing the Department of Justice (DOJ) to bring civil actions against violators of the act for appropriate relief, such as removing animals, revoking violators' licenses, or issuing civil penalties. DOJ must use the penalties to pay for the temporary care for animals pending the disposition of civil or criminal proceedings that allege violations of the act with respect to such animals.</p>

tv_txt: 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.