7 U.S.C. § 2146 — Administration and enforcement by Sec-

Page 1416 TITLE 7—AGRICULTURE § 2145 EFFECTIVE DATE OF 1970 AMENDMENT Amendment by Pub. L. 91–579 effective one year after Dec. 24, 1970, see section 23 of Pub. L. 91–579, set out as a note under section 2131 of this title. COMPLIANCE WITH ANIMAL WELFARE ACT Pub. L. 117–328, div. A, title VII, § 750, Dec. 29, 2022, 136 Stat. 4505, provided that: ‘‘In this fiscal year [fiscal year 2023] and thereafter, and notwithstanding any other provision of law, ARS facilities as described in the ‘Memorandum of Understanding Between the U.S. Department of Agriculture Animal and Plant Health Inspection Service (APHIS) and the U.S. Department of Agriculture Agricultural Research Service (ARS) Con- cerning Laboratory Animal Welfare’ (16–6100–0103–MU Revision 16–1) shall be inspected by APHIS for compli- ance with the Animal Welfare Act [7 U.S.C. 2131 et seq.] and its regulations and standards.’’ § 2145. Consultation and cooperation with Fed- eral, State, and local governmental bodies by Secretary of Agriculture (a) The Secretary shall consult and cooperate with other Federal departments, agencies, or in- strumentalities concerned with the welfare of animals used for research, experimentation or exhibition, or administration of statutes regu- lating the transportation in commerce or han- dling in connection therewith of any animals when establishing standards pursuant to section 2143 of this title and in carrying out the pur- poses of this chapter. The Secretary shall con- sult with the Secretary of Health and Human Services prior to issuance of regulations. Before promulgating any standard governing the air transportation and handling in connection therewith, of animals, the Secretary shall con- sult with the Secretary of Transportation who shall have the authority to disapprove any such standard if he notifies the Secretary, within 30 days after such consultation, that changes in its provisions are necessary in the interest of flight safety. The Surface Transportation Board, the Secretary of Transportation, and the Federal Maritime Commission, to the extent of their re- spective lawful authorities, shall take such ac- tion as is appropriate to implement any stand- ard established by the Secretary with respect to a person subject to regulation by it. (b) The Secretary is authorized to cooperate with the officials of the various States or polit- ical subdivisions thereof in carrying out the pur- poses of this chapter and of any State, local, or municipal legislation or ordinance on the same subject. (Pub. L. 89–544, § 15, Aug. 24, 1966, 80 Stat. 352; Pub. L. 91–579, § 16, Dec. 24, 1970, 84 Stat. 1563; Pub. L. 94–279, § 11, Apr. 22, 1976, 90 Stat. 419; Pub. L. 98–443, § 9(i), Oct. 4, 1984, 98 Stat. 1708; Pub. L. 99–198, title XVII, § 1757, Dec. 23, 1985, 99 Stat. 1650; Pub. L. 104–88, title III, § 312, Dec. 29, 1995, 109 Stat. 948.) Editorial Notes AMENDMENTS 1995—Subsec. (a). Pub. L. 104–88 substituted ‘‘Surface Transportation Board’’ for ‘‘Interstate Commerce Com- mission’’ in last sentence. 1985—Subsec. (a). Pub. L. 99–198 inserted provision re- quiring that the Secretary consult with the Secretary of Health and Human Services prior to the issuance of regulations. 1984—Subsec. (a). Pub. L. 98–443 substituted ‘‘the Sec- retary of Transportation’’ for ‘‘the Civil Aeronautics Board’’. 1976—Subsec. (a). Pub. L. 94–279 inserted ‘‘, or admin- istration of statutes regulating the transportation in commerce or handling in connection therewith of any animals’’ after ‘‘exhibition’’, and inserted provisions re- quiring the Secretary, prior to promulgating standards governing air transportation of animals in commerce, to consult with the specified Federal agencies con- cerned. 1970—Subsec. (a). Pub. L. 91–579, § 16(1), inserted ref- erence to exhibition of animals. Subsec. (b). Pub. L. 91–579, § 16(2), substituted ‘‘car- rying out’’ for ‘‘effectuating’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1995 AMENDMENT Amendment by Pub. L. 104–88 effective Jan. 1, 1996, see section 2 of Pub. L. 104–88, set out as an Effective Date note under section 1301 of Title 49, Transpor- tation. EFFECTIVE DATE OF 1985 AMENDMENT Amendment by Pub. L. 99–198 effective one year after Dec. 23, 1985, see section 1759 of Pub. L. 99–198, set out as a note under section 2131 of this title. EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98–443 effective Jan. 1, 1985, see section 9(v) of Pub. L. 98–443, set out as a note under section 5314 of Title 5, Government Organization and Employees. EFFECTIVE DATE OF 1970 AMENDMENT Amendment by Pub. L. 91–579 effective one year after Dec. 24, 1970, see section 23 of Pub. L. 91–579, set out as a note under section 2131 of this title. § 2146. Administration and enforcement by Sec- retary (a) Investigations and inspections The Secretary shall make such investigations or inspections as he deems necessary to deter- mine whether any dealer, exhibitor, inter- mediate handler, carrier, research facility, or operator of an auction sale subject to section 2142 of this title, has violated or is violating any provision of this chapter or any regulation or standard issued thereunder, and for such pur- poses, the Secretary shall, at all reasonable times, have access to the places of business and the facilities, animals, and those records re- quired to be kept pursuant to section 2140 of this title of any such dealer, exhibitor, intermediate handler, carrier, research facility, or operator of an auction sale. The Secretary shall inspect each research facility at least once each year and, in the case of deficiencies or deviations from the standards promulgated under this chapter, shall conduct such follow-up inspec- tions as may be necessary until all deficiencies or deviations from such standards are corrected. The Secretary shall promulgate such rules and regulations as he deems necessary to permit in- spectors to confiscate or destroy in a humane manner any animal found to be suffering as a re- sult of a failure to comply with any provision of this chapter or any regulation or standard issued thereunder if (1) such animal is held by a dealer, (2) such animal is held by an exhibitor, (3) such animal is held by a research facility and is no longer required by such research facility to Page 1417 TITLE 7—AGRICULTURE § 2146a 1 See References in Text note below. carry out the research, test, or experiment for which such animal has been utilized, (4) such animal is held by an operator of an auction sale, or (5) such animal is held by an intermediate handler or a carrier. (b) Penalties for interfering with official duties Any person who forcibly assaults, resists, op- poses, impedes, intimidates, or interferes with any person while engaged in or on account of the performance of his official duties under this chapter shall be fined not more than $5,000, or imprisoned not more than three years, or both. Whoever, in the commission of such acts, uses a deadly or dangerous weapon shall be fined not more than $10,000, or imprisoned not more than ten years, or both. Whoever kills any person while engaged in or on account of the perform- ance of his official duties under this chapter shall be punished as provided under sections 1111 and 1114 of title 18. (c) Procedures For the efficient administration and enforce- ment of this chapter and the regulations and standards promulgated under this chapter, the provisions (including penalties) of sections 46, 48, 49 and 50 of title 15 (except paragraph (c) through (h) of section 46 and the last paragraph of section 49 1 of title 15), and the provisions of Title II of the Organized Crime Control Act of 1970, are made applicable to the jurisdiction, powers, and duties of the Secretary in admin- istering and enforcing the provisions of this chapter and to any person, firm, or corporation with respect to whom such authority is exer- cised. The Secretary may prosecute any inquiry necessary to his duties under this chapter in any part of the United States, including any terri- tory, or possession thereof, the District of Co- lumbia, or the Commonwealth of Puerto Rico. The powers conferred by said sections 49 and 50 of title 15 on the district courts of the United States may be exercised for the purposes of this chapter by any district court of the United States. The United States district courts, the District Court of Guam, the District Court of the Virgin Islands, the highest court of Amer- ican Samoa, and the United States courts of the other territories, are vested with jurisdiction specifically to enforce, and to prevent and re- strain violations of this chapter, and shall have jurisdiction in all other kinds of cases arising under this chapter, except as provided in section 2149(c) of this title. (Pub. L. 89–544, § 16, Aug. 24, 1966, 80 Stat. 352; Pub. L. 91–579, § 17, Dec. 24, 1970, 84 Stat. 1563; Pub. L. 94–279, § 12, Apr. 22, 1976, 90 Stat. 420; Pub. L. 99–198, title XVII, § 1753, Dec. 23, 1985, 99 Stat. 1649; Pub. L. 101–624, title XXV, § 2503(1), Nov. 28, 1990, 104 Stat. 4066.) Editorial Notes REFERENCES IN TEXT The last paragraph of section 49 of title 15, referred to in subsec. (c), which related to immunity of witnesses, was repealed by section 211 of Pub. L. 91–452, Oct. 15, 1970, title II, 84 Stat. 929. For provisions relating to im- munity of witnesses, see section 6001 et seq. of Title 18, Crimes and Criminal Procedure. Title II of the Organized Crime Control Act of 1970, referred to in subsec. (c), is title II of Pub. L. 91–452, Oct. 15, 1970, 84 Stat. 926, which created a general Fed- eral immunity statute set out in section 6001 et seq. of Title 18, and repealed the individual immunity provi- sions formerly contained in various Federal regulatory schemes. AMENDMENTS 1990—Subsec. (c). Pub. L. 101–624 inserted ‘‘and the regulations and standards promulgated under this chapter’’ after first reference to ‘‘this chapter’’. 1985—Subsec. (a). Pub. L. 99–198 inserted provision di- recting Secretary to inspect each research facility at least once each year and, in case of deficiencies or devi- ations from standards promulgated under this chapter, conduct such follow-up inspections as may be necessary until all deficiencies or deviations from such standards are corrected. 1976—Subsec. (a). Pub. L. 94–279, § 12(a), inserted ‘‘in- termediate handler, carrier,’’ after ‘‘dealer, exhibitor,’’ and inserted ‘‘or (5) such animal is held by an inter- mediate handler or a carrier’’ after ‘‘an auction sale’’. Subsec. (c). Pub. L. 94–279, § 12(b), substituted ‘‘sec- tion 2149(c)’’ for ‘‘sections 2149(b) and 2150(b)’’ after ‘‘ex- cept as provided in’’. 1970—Pub. L. 91–579 designated existing provisions as subsec. (a), expanded coverage to include exhibitors and operators of auction sales for purposes of investigation, inserted provisions requiring that records, facilities, and animals be accessible to inspectors at all reason- able times at premises of dealers, research facilities, exhibitors, and operators of auction sales, and added subsecs. (b) and (c). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1985 AMENDMENT Amendment by Pub. L. 99–198 effective one year after Dec. 23, 1985, see section 1759 of Pub. L. 99–198, set out as a note under section 2131 of this title. EFFECTIVE DATE OF 1970 AMENDMENT Amendment by Pub. L. 91–579 effective 30 days after Dec. 24, 1970, see section 23 of Pub. L. 91–579, set out as a note under section 2131 of this title. NON-RECORDING OF OBSERVED VIOLATIONS OF ANIMAL WELFARE ACT Pub. L. 117–328, div. A, title VII, § 756, Dec. 29, 2022, 136 Stat. 4506, provided that: ‘‘Hereafter, none of the funds made available by this Act [div. A of Pub. L. 117–328, see Tables for classification] or any other Act, may be used to pay the salaries or expenses of personnel to im- plement any activities related to the permitting of non-recording of observed violations of the Animal Welfare Act or its regulations on official inspection re- ports.’’ § 2146a. Searchable database requirements The Animal and Plant Health Inspection Serv- ice shall, notwithstanding any other provision of law: (a) within 60 calendar days, restore on its website the searchable database and its con- tents that were available on January 30, 2017, and all content generated since that date; and (b) hereafter, make publicly available via searchable database, in their entirety without redactions except signatures, the following records: (1) all final Animal Welfare Act inspection reports, including all reports documenting all Animal Welfare Act violations and non- compliances observed by USDA officials and all animal inventories for the current year and the preceding three years;