Sec. 4. Civil citizen suits; seizure
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/bill/117/hr/9309/ih/section-4A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 26(e) of the Animal Welfare Act ( 7 U.S.C. 2156(e) ) is amended— by striking and all that follows through Investigation of Violations by Secretary; The Secretary or any other person authorized by him and inserting the following: The Secretary, or any other person authorized by the Secretary, ; and by adding at the end the following: Any person may commence a civil suit in Federal district court on their own behalf to enjoin any person who is alleged to be in violation of any provision of this section.
For any person found to have violated a provision of this section in any suit brought pursuant to subparagraph (A), the court may issue a fine in an amount not greater than $5,000 for each violation. No action may be commenced under subparagraph (A)— prior to 60 days after written notice of the violation has been given to the Secretary, and to any alleged violator of any such provision; if the Secretary has commenced an action to impose a penalty pursuant to paragraph (1); or if the United States has commenced, and is diligently prosecuting, a criminal action in a court of the United States or a State to redress a violation of any provision of this section.
Any suit under this paragraph may be brought in the judicial district in which the violation occurs. In any such suit under this paragraph, the Attorney General, at the request of the Secretary, may intervene on behalf of the United States as a matter of right. The court, in issuing any final order in any suit brought pursuant to subparagraph (A), may award costs of litigation (including reasonable attorney and expert witness fees) to any party, whenever the court determines such award is appropriate.
Whoever is found, pursuant to an investigation under paragraph
(1)of this subsection, to have violated subsection (a)(1) shall, in addition to such penalties applicable under paragraph
(1)of this subsection, be subject to seizure of all real property, including any right, title, and interest (including any leasehold interest) in the whole of any lot or tract of land and any appurtenances or improvements, which is used, or intended to be used, in any manner or part, to commit, or to facilitate the commission of, a violation of subsection (a)(1). .
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Sec. 4
Civil citizen suits; seizure
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