,i #aafth ,,congress #ast ,session ,h4 ,r4 #dbaa ,,in ,,the ,,house ,,of ,,representatives ,august #bg1 #bjai,mr4 ,krishnamoorthi introduced the following bill2 which was referred to the ,committee on ,agriculture ,a ,,bill ,to amend the ,animal ,welfare ,act to increase protections for animals1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,animal ,welfare ,enforcement ,improvement ,act4 #b4 ,clarification with respect to issuance of licenses ,section #c of the ,animal ,welfare ,act 7#g ,u4,s4,c4 #bacc7 is amended to read as follows3 #c4 ,licenses 7a7 ,in general ,subject to subsections 7c71 7d71 and 7e71 the ,secretary shall issue licenses to dealers and exhibitors upon-- 7#a7 the submission of an application for such license that-- 7,a7 contains an inventory of all animals present in all of the applicant's facilities2 and 7,b7 is submitted in such form and manner as the ,secretary may prescribe2 and 7#b7 payment of such fee established pursuant to section #bc4 7b7 ,validity of license ,a license issued under subsection 7a7 shall be valid for a period not to exceed #a calendar year4 ,an applicant shall submit an application under such subsection to renew such license each calendar year before the expiration of the previously issued license4 7c7 ,prohibited dealers and exhibitors ,notwithstanding subsection 7a71 the ,secretary may not issue a license 7including a renewal of such a license7 under such subsection to a dealer or exhibitor if-- 7#a7 such dealer or exhibitor has been found to have violated 7including by entering a nolo contendere or no contest plea with respect to the violation7 ,federal1 ,state1 or local laws relating to animals1 including this ,act and any other anti-animal cruelty or wildlife protection law2 or 7#b7 the issuance of a license to such dealer or exhibitor would facilitate the circumvention of ,state or local law prohibiting the private ownership of certain animals4 7d7 ,unannounced facility inspections 7#a7 ,in general ,notwithstanding subsection 7a7 and subject to paragraph 7#b71 the ,secretary may not issue a license 7including a renewal of such a license7 under such subsection to a dealer or exhibitor until the dealer or exhibitor shall have demonstrated1 through full1 unannounced inspections1 that the facilities of such dealer or exhibitor at the time of inspection-- 7,a7 comply with the standards promulgated by the ,secretary pursuant to section #ac2 and 7,b7 have not been documented as having not complied with any such standard during more than one inspection in the previous two calendar years4 7#b7 ,new applicants ,in the case of an applicant seeking to be licensed as a dealer or exhibitor under subsection 7a7 who has not previously been so licensed1 the applicant shall not be subject to more than #b inspections conducted pursuant to paragraph 7#a74 ,if1 upon the second inspection1 the applicant is found to have failed to meet any standard promulgated by the ,secretary pursuant to section #ac1 the ,secretary shall deny the application for such license and such applicant may not submit an application for such a license for a one-year period beginning on the date on which the application is so denied4 7e7 ,exception ,notwithstanding subsection 7a71 a dealer or exhibitor shall not be required to obtain a license as a dealer or exhibitor under this ,act if the size of the business is determined by the ,secretary to be de minimis4 4 #c4 ,license suspensions and revocations ,section #ai of the ,animal ,welfare ,act 7#g ,u4,s4,c4 #badi7 is amended-- 7#a7 in subsection 7a7-- 7,a7 by striking hereunder1 he may suspend and inserting the following3 hereunder-- 7#a7 in the case of any such violation that is not described in paragraph 7#b71 the ,secretary may suspend 2 7,b7 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following new paragraph3 7#b7 in the case of such a violation that the ,secretary determines presents a risk to animal welfare1 the ,secretary shall-- 7,a7 suspend such person's license temporarily1 but for a period not to exceed #ba days2 and 7,b7 after notice and opportunity for an informal hearing1 permanently revoke such license if the ,secretary determines that-- 7i7 the violation occurred2 7ii7 the violation presents or has presented a risk to animal welfare2 and 7iii7 the violation has persisted past the initial period of license suspension under subparagraph 7,a7 or the person has been found to have committed one or more other such violations 7including by entering a nolo contendere or no contest plea with respect to any such violation7 affecting animal welfare4 2 and 7#b7 by adding at the end the following3 7e7 7#a7 ,any person whose license has been suspended for any reason shall not be licensed1 or registered1 in his or her own name or in any other manner1 within the period during which the order of suspension is in effect4 ,no family member1 household member1 partnership1 firm1 corporation1 or other legal entity in which any such person has a substantial interest1 financial or otherwise1 will be licensed or registered during that period4 7#b7 ,any person whose license has been revoked shall not be licensed or registered1 in his or her own name or in any other manner1 at any time1 and no family member1 household member1 partnership1 firm1 corporation1 or other legal entity in which any such person has a substantial interest1 financial or otherwise1 will be licensed or registered4 7#c7 ,any person whose license has been suspended or revoked shall not buy1 sell1 transport1 exhibit1 deliver for transportation1 or be employed in any capacity with respect to any animal during the period of suspension or revocation1 under any circumstances1 whether on his or her behalf or on the behalf of another licensee or registrant4 4 #d4 ,citizen suits ,section #ai of the ,animal ,welfare ,act 7#g ,u4,s4,c4 #badi71 as amended by section #c1 is further amended by adding at the end the following new subsection3 7f7 7#a7 ,except as provided in paragraph 7#b71 any person may commence a civil suit on his own behalf to enjoin any person1 including the ,united ,states and any other governmental instrumentality or agency 7to the extent permitted by the eleventh amendment to the ,constitution71 who is alleged to be in violation of any provision of this ,act or regulation issued under the authority thereof4 ,the district courts shall have jurisdiction1 without regard to the amount in controversy or the citizenship of the parties1 to enforce any such provision or regulation or to order the ,secretary to perform such act or duty1 as the case may be4 7#b7 ,no action may be commenced under paragraph 7#a7-- 7,a7 prior to sixty days after written notice of the violation has been given to the ,secretary1 and to any alleged violator of any such provision or regulation2 and 7,b7 if the ,united ,states has commenced and is diligently prosecuting a criminal action in a court of the ,united ,states to redress a violation of any such provision or regulation4 7#c7 7,a7 ,any suit under this subsection may be brought in the judicial district in which the violation occurs4 7,b7 ,in any such suit under this subsection in which the ,united ,states is not a party1 the ,attorney ,general1 at the request of the ,secretary1 may intervene on behalf of the ,united ,states as a matter of right4 7#d7 ,the court1 in issuing any final order in any suit brought pursuant to paragraph 7#a71 may award costs of litigation 7including reasonable attorney and expert witness fees7 to any party1 whenever the court determines such award is appropriate4 7#e7 ,the injunctive relief provided by this subsection shall not restrict any right which any person 7or class of persons7 may have under any statute or common law to seek enforcement of any standard or limitation or to seek any other relief 7including relief against the ,secretary or a ,state agency74 4 #e4 ,publication of information on violations ,the ,animal ,welfare ,act is amended by inserting before section #bf 7#g ,u4,s4,c4 #baef7 the following new section3 #be;,a4 ,publication of information on enforcement ,the ,secretary shall publish1 in a searchable format on a public website of the ,department of ,agriculture1 information and reports 7in their entirety and without redaction7 on the nature and place of all investigations and inspections conducted by the ,secretary under section #af 7including all reports documenting all instances of noncompliance with this ,act observed during any such inspection71 enforcement records1 and animal inventories4 4