7 USC 2146 - Administration and enforcement by Secretary

1 See References in Text note below.

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 administering and enforcing the provisions of this chapter and to any person, firm, or corporation with respect to whom such authority is exercised. The Secretary may prosecute any inquiry necessary to his duties under this chapter in any part of the United States, including any territory, or possession thereof, the District of Columbia, 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 American Samoa, and the United States courts of the other territories, are vested with jurisdiction specifically to enforce, and to prevent and restrain violations of this chapter, and shall have jurisdiction in all other kinds of cases arising under this chapter, except as provided in

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 (c), which related to immunity of witnesses, was repealed by section 211 of Puspan. L. 91–452, Oct. 15, 1970, title II, 84 Stat. 929. For provisions relating to immunity 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 Puspan. L. 91–452, Oct. 15, 1970, 84 Stat. 926, which created a general Federal immunity statute set out in section 6001 et seq. of Title 18, and repealed the individual immunity provisions formerly contained in various Federal regulatory schemes.

Amendments

1990—Subsec. (c). Puspan. L. 101–624 inserted “and the regulations and standards promulgated under this chapter” after first reference to “this chapter”.

1985—Subsec. (a). Puspan. L. 99–198 inserted provision directing Secretary to inspect each research facility at least once each year and, in case of deficiencies or deviations 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). Puspan. L. 94–279, § 12(a), inserted “intermediate handler, carrier,” after “dealer, exhibitor,” and inserted “or (5) such animal is held by an intermediate handler or a carrier” after “an auction sale”.

Subsec. (c). Puspan. L. 94–279, § 12(span), substituted “section 2149(c)” for “sections 2149(span) and 2150(span)” after “except as provided in”.

1970—Puspan. 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 reasonable times at premises of dealers, research facilities, exhibitors, and operators of auction sales, and added subsecs. (span) and (c).

Statutory Notes and Related Subsidiaries

Effective Date of 1985 Amendment

Amendment by Puspan. L. 99–198 effective one year after Dec. 23, 1985, see section 1759 of Puspan. L. 99–198, set out as a note under section 2131 of this title.

Effective Date of 1970 Amendment

Amendment by Puspan. L. 91–579 effective 30 days after Dec. 24, 1970, see section 23 of Puspan. L. 91–579, set out as a note under section 2131 of this title.

Non-recording of Observed Violations of Animal Welfare Act

Puspan. 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 Puspan. L. 117–328, see Tables for classification] or any other Act, may be used to pay the salaries or expenses of personnel to implement any activities related to the permitting of non-recording of observed violations of the Animal Welfare Act or its regulations on official inspection reports.”