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PAWS II

AWA - Sections of Chapter 54 Affected by Sen. Santorum's Amendments

The bill numbers are S. 1139 (Senate), and H.R. 2669 (House of Representatives).

The text of the unamended AWA was taken from the USDA site, at http://www.aphis.usda.gov/ac/awa.html. The text of the bill is from a copy distributed informally at the time of filing and is thus not the official Government Printing Office copy.

There are obvious errors in the text of the bill. In addition, merging the bill with existing law is tricky. We believe what follows is correct and useable for general information but in any case involving possible legal action, consult an attorney and work from original government documents.

Furthermore, the USDA site where we got the text of the original bill includes the following disclaimer: "This is not to be considered as the 'official' Animal Welfare Act although we believe that for all intent and purposes, it is correct. If you are considering legal questions, then you should consider obtaining a copy from the Government Printing Office or by contacting us at ace@aphis.usda.gov."

Notation in the following is as follows:

Plain text (most of what is below) is original text. This is already the law and there's no point griping about it!

Text that is struck through like this is text that is removed by the bill.

Text that is displayed in red is new text, added by the bill.

The bill re-letters and alphabetizes the list of definitions in this section of law. We have shown these definitions in the new (alphabetical) order with the new letters.

Walt & Sharyn Hutchens

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U.S.C. §2131 - 59

CHAPTER 54. TRANSPORTATION, SALE, AND HANDLING OF CERTAIN ANIMALS

§2131. Congressional statement of policy [Sec. 1]

This Act may be cited as the "Pet Animal Welfare Statute of 2005".

§2132. Sec. 2 Definitions

(a) (1) ANIMAL. --

(A) IN GENERAL--The term "animal" means any live or dead dog, cat, monkey (nonhuman primate mammal), guinea pig, hamster, rabbit, or such other warm-blooded animal, as the Secretary may determine is being used, or is intended for use, for research, testing, experimentation, or exhibition purposes, or as a pet;
(B) EXCLUSIONS --but such term excludes The term "animal" does not include--

 

(1) birds, rats of the genus Rattus, and mice of the genus Mus, bred for use in research,[effective 2003]
(2) horses not used for research purposes, and
(3) horses not used for research purposes and other farm animals, such as, but not limited to livestock or poultry, used or intended for use as food or fiber, or livestock or poultry used or intended for use for improving animal nutrition, breeding, management, or production efficiency, or for improving the quality of food or fiber. With respect to a dog, the term means all dogs including those used for hunting, security, or breeding purposes.

(b) (2) CARRIER.--

(A) IN GENERAL -- The term "carrier" means the operator of any airline, railroad, motor carrier, shipping line, or other enterprise, which is engaged in the business of transporting any animals for hire.

(c) (3) COMMERCE.--

(A) IN GENERAL --The term "commerce" means trade, traffic, transportation, or other commerce--

(d) (4) COMMITTEE.--

(A) IN GENERAL --The term "Committee" means the Institutional Animal Committee established under section 13(b).

(f) The term "dealer" means any person who, in commerce, for compensation or profit, delivers for transportation, or transports, except as a carrier, buys, or sells, or negotiates the purchase or sale of, (1) any dog or other animal whether alive or dead for research, teaching, exhibition, or use as a pet, or (2) any dog for hunting, security, or breeding purposes, except that this term does not include-

(i) a retail pet store except such store which sells any animals to a research facility, an exhibitor, or a dealer

(ii) any person who does not sell, or negotiate the purchase or sale of any wild animal, dog, or cat, and who derives no more than $500 gross income from the sale of other animals during any calendar year.

(e) (5) DEALER. --

(A) IN GENERAL -- The term "dealer" means any person who, in commerce, for compensation or profit, delivers for transportation, or transports, except as a carrier, buys, or sells, or negotiates the purchase or sale of,

 

(i) any dog or (whether alive or dead) cat at wholesale or to the public;
(ii) any dog or cat imported into the United States for resale; or
(iii) any other animal (as defined in this Act) at wholesale.

(B) EXCEPTIONS -- The term 'dealer' does not include

 

(i) a retail pet store, except for a retail pet store that sells--

 

(I) any animal to a research facility, an exhibitor, or a dealer; or
(II) any dog or cat imported into the United States directly by the retail pet store;

ii) any animal shelter, rescue organization, or other person not selling dogs or cats imported into the United States for resale that does not operate for profit;

(iii) any person that during any calendar year derives not more than $2500 gross income from the sale at wholesale of other animals (as defined in this Act) other than dogs and cats; or

(iv) any person that --

 

(I) sells dogs and cats only at retail;
(II) does not import dogs and cats for resale; and
(III)(aa) sells not more than the total number of dogs and cats described in subparagraph (C); or
(bb) in accordance with regulations promulgated by the Secretary, is determined to be in compliance with the standards of a third- party inspector certified under section 16(d).

(C) DESCRIPTION.-- The number of dogs and cats referred to in subparagraph (B)(iv)(III)(aa) is not more than--

 

(i) a total of 25 dogs and cats not bred or raised on the premises of the seller during a calendar year; or
(ii)

 

(I) the number of dogs and cats bred or raised during a calendar year on the premises of the seller and sold directly at retail to persons who purchase the dogs and cats for personal use and enjoyment and not for resale, provided that the atoll number sold during a calendar year is not more than the greater of 25 dogs and cats or the dogs and cats from not more than 6 litters; and
(II) a total of 25 other dogs and cats not bred or raised on the premises of the seller during the calendar year.;

(f) (6) EXHIBITOR.--

(A) IN GENERAL -- The term "exhibitor" means any person (public or private) exhibiting any animals, which were purchased in commerce or the intended distribution of which affects commerce, or will affect commerce, to the public for compensation, as determined by the Secretary, and such term includes carnivals, circuses, and zoos exhibiting such animals whether operated for profit or not;
(B) EXCLUSIONS -- but such term excludes The term "exhibitor" does not include retail pet stores, organizations sponsoring and all persons participating in State and country fairs, livestock shows, rodeos, purebred dog and cat shows, and any other fairs or exhibitions intended to advance agricultural arts and sciences, as may be determined by the Secretary.

(g) (7) FEDERAL AGENCY. --

(A) IN GENERAL -- The term "Federal agency" means an Executive agency as such term is defined in section 105 of title 5, United States Code [5 USCS §105], and with respect to any research facility means the agency from which the research facility receives a Federal award for the conduct of research, experimentation, or testing, involving the use of animals.

(h) (8) FEDERAL AWARD FOR THE CONDUCT OF RESEARCH EXPERIMENTATION, OR TESTING, INVOLVING THE USE OF ANIMALS.--

(A) IN GENERAL -- The term "Federal award for the conduct of research, experimentation, or testing, involving the use of animals" means any mechanism (including a grant, award, loan, contract, or cooperative agreement) under which Federal funds are provided to support the conduct of such research.[.]

(i) (9) FEDERAL RESEARCH FACILITY.--

(A) IN GENERAL -- The term "Federal research facility" means each department, agency, or instrumentality of the United States which uses live animals for research or experimentation.

[The Regulation, 9 CFR §1.1, for this law contain over 80 definitions for words and terms.]

(j) (10) INTERMEDIATE HANDLER.--

(A) IN GENERAL -- The term "intermediate handler" means any person including a department, agency, or instrumentality of the United States or of any State or local government (other than a dealer, research facility, exhibitor, any person excluded from the definition of a dealer, research facility, or exhibitor, an operator of an auction sale, or a carrier) who is engaged in any business in which he receives custody of animals in connection with their transportation in commerce.

(k) (11) PERSON.--

(A) IN GENERAL -- The term "person" includes any individual, partnership, firm, joint stock company, corporation, association, trust, estate, or other legal entity.

(l) (12) QUORUM.--

(A) IN GENERAL -- The term "quorum" means a majority of the Committee members.

(m) (13) RESEARCH FACILITY.--

(n) (14) RETAIL. --

(A) IN GENERAL -- The term "retail" means any sale that is not at wholesale.

(o) (15) RETAIL PET STORE

(A) IN GENERAL - the term "retail pet store" means a retail business establishment that

 

(i) maintains a physical premises that is open to the public; and
(ii) sells pet animals directly to the public from the retail business premises.

(B) EXCLUSION -- The term "retail pet store" does not include--

 

(i) a person breeding dogs or cats to sell at wholesale or to the public; or
(ii) a person importing dogs and cats from outside the United States for resale.

(p) (16) SECRETARY.--

(q) (17) STATE.--

The Regulation, 9 CFR §1.1, for this law contains over 80 definitions for words and terms.]

The Secretary IN GENERAL.--Subject to subsection (b), the Secretary shall issue licenses to dealers and exhibitors upon application therefore in such form and manner as he may prescribe and upon payment of such fee established pursuant to section 23 of this Act: Provided, That no such license shall be issued until the dealer or exhibitor shall have demonstrated that his facilities comply with the standards promulgated by the Secretary pursuant to section 13 of this Act: Provided, however, That any retail pet store or other person who derives less than a substantial portion of his income (as determined by the Secretary) from the breeding and raising of dogs or cats on his own premises and sells any such dog or cat to a dealer or research facility shall not be required to obtain a license as a dealer or exhibitor under this Act. The Secretary is further authorized to license, as dealers or exhibitors, persons who do not qualify as dealers or exhibitors within the meaning of this Act upon such persons' complying with the requirements specified above and agreeing, in writing, to comply with all the requirements of this Act and the regulations promulgated by the Secretary hereunder.

(b) REQUIREMENTS.-- The Secretary shall not issue a license under subsection (a) until the dealer or exhibitor--

§2134. Valid license for dealers and exhibitors required [Sec. 4]

No dealer or exhibitor shall sell or offer to sell or transport or offer for transportation, in commerce, to any research facility or for exhibition or for use as a pet any animal, or buy, sell, offer to buy or sell, transport or offer for transportation, in commerce, to or from another dealer or exhibitor under this Act any animal, unless and until such dealer or exhibitor shall have obtained a license from the Secretary and such license shall not have been suspended or revoked.

§2140. Recordkeeping by dealers, exhibitors, research facilities, intermediate handlers, and carriers [Sec. 10]

(a) IN GENERAL. -- Dealers and exhibitors shall make and retain for such reasonable period of time as the Secretary may prescribe, such records with respect to the purchase, sale, transportation, identification, and previous ownership of animals as the Secretary may prescribe. Research facilities shall make and retain such records only with respect to the purchase, sale, transportation, identification, and previous ownership of live dogs and cats. At the request of the Secretary, any regulatory agency of the Federal Government which requires records to be maintained by intermediate handlers and carriers with respect to the transportation, receiving, handling, and delivery of animals on forms prescribed by the agency, shall require there to be included in such forms, and intermediate handlers and carriers shall include in such forms, such information as the Secretary may require for the effective administration of this Act. Such information shall be retained for such reasonable period of time as the Secretary may prescribe. If regulatory agencies of the Federal Government do not prescribe requirements for any such forms, intermediate handlers and carriers shall make and retain for such reasonable period as the Secretary may prescribe such records with respect to the transportation, receiving, handling, and delivery of animals as the Secretary may prescribe. Such records shall be made available at all reasonable times for inspection and copying by the Secretary.

(b) ACCESS TO SOURCE RECORDS FOR DOGS AND CATS -- Notwithstanding any other provision of this Act, all dealers and retail pet stores shall prepare, retain, and make available at all reasonable times for inspection and copying by the Secretary, for such reasonable period of time as the Secretary shall prescribe, a record of -

(1)   (A) the name and address of the person from whom each dog or cat acquired for resale was purchased or otherwise
             acquired; or

 

(B) If that information is not known, the source of the dog or cat; and

2) if the person from whom the dog or cat was obtained is a dealer licensed by the Secretary, the federal dealeridentification number of the person.

§2146. Administration and enforcement by Secretary [Sec. 16]

(a) Investigations and inspections. The Secretary shall make such investigations or inspections as he deems necessary to determine whether any dealer, exhibitor, intermediate handler, carrier, research facility, or operator of an auction sale subject to section 12 of this Act, has violated or is violating any provision of this Act or any regulation or standard issued thereunder, and for such purposes, the Secretary shall, at all reasonable times, have access to the places of business and the facilities, animals, and those records required to be kept pursuant to section 10 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 Act, shall conduct such follow-up inspections 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 inspectors to confiscate or destroy in a humane manner any animal found to be suffering as a result of a failure to comply with any provision of this Act 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 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, opposes, impedes, intimidates, or interferes with any person while engaged in or on account of the performance of his official duties under this Act 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 performance of his official duties under this Act shall be punished as provided under sections 1111 and 1114 of title 18, United States Code [18 USCS §§ 1111, 1114].

(c) Procedures. For the efficient administration and enforcement of this Act and the regulations and standards promulgated under this Act the provisions (including penalties) of sections 6, 8, 9, and 10 of the Act entitled "An Act to create a Federal Trade Commission, to define its powers and duties, and for other purposes," approved September 26, 1914 (38 Stat. 721-723, as amended; 15 U.S.C. 46, 48, 49, and 50[15 USCS §§ 46, 48, 49, 50]) (except paragraph (c)through (h) of section 6 [15 USCS § 46(c)-(h)] and the last paragraph of section 9 [7 USCS § 49]), and the provisions of Title II of the "Organized Crime Control Act of 1970" (62 Stat. 856; 18 U.S.C. 6001 et seq.), are made applicable to the jurisdiction, powers, and duties of the Secretary in administering and enforcing the provisions of this Act 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 Act 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 9 and 10 of the Act of September 26, 1914, as amended [15 USCS §§ 49, 50], on the district courts of the United States may be exercised for the purposes of this Act 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 Act, and shall have jurisdiction in all other kinds of cases arising under this Act, except as provided in section 19(c) of this Act.

(d) THIRD-PARTY INSPECTORS.--

1. REGULATIONS.--

 

(A) IN GENERAL.--Not later than 36 months after the date of enactment of this subsection, the Secretary shall promulgate regulations under which the Secretary may certify nonprofit organizations (referred to in this subsection as "cerified third-party inspectors") that the Secretary determines to have standards and inspection protocols that are at least as protective of animal welfare as those promulgated by the Secretary in accordance with section 13(a)(2).
(B) REQUIREMENTS.--Regulations promulgated under subparagraph (A) shall--

 

(i) require each certified third-party inspector to be recertified not less than once every 3 years;
(ii) establish procedures under which the Secretary may decertify a certified third-party inspector in any case in which the Secretary determines that the certified third-party inspector failed to maintain standards and inspection protocols that are at least as protective of animal welfare as those promulgated by the Secretary in accordance with section 13(a)(2).
(iii) require each certified third-party inspector to immediately notify the Secretary of any person inspected by the certified third-party inspector--

 

(I) whose conduct places the health of an animal in imminent danger; or
(II) who otherwise fails to comply with the standards established by the inspector (including a description of the specific failure);

(iv) require each certified third-party inspector to submit to the Secretary an annual summary report describing--

 

(I) the number of inspections conducted;
(II) the number of persons found to be out-of-compliance with the standards of the certified third-party inspector and the response actions taken;
(III) the types of noncompliance found; and
(IV) such other information about the program of the certified third-party inspector as the Secretary shall require, without revealing personal information about inspected persons, to ensure that the program of the third-party inspector is maintaining standards and inspection protocols that are at least as protective of animal welfare as those promulgated by the Secretary in accordance with section 13(a)(2).

(v) establish procedures for compliance audits of third-party inspectors, including procedures under which each certified third-party inspector shall make available for inspection by the Secretary any documents and records of the inspection program of the certified third-party inspector necessary for the Secretary to audit the performance of the certified third-party inspector; and
(vi) establish procedures under which the Secretary may required certified third-party inspectors to participate in training and education programs carried out through the Animal and Plant Health Inspection Service.

(2) INSPECTIONS.--

 

(A) IN GENERAL.--In accordance with regulations promulgated by the Secretary, a dealer in dogs and cats may elect to have a certified third-party inspector inspect the dealer in lieu of inspection by the Secretary
(B) THIRD-PARTY INSPECTIONS OPTIONAL.--No dealer shall be required under this Act to be inspected by a certified third-party inspector.

(3) ENFORCEMENT.--

(A) IN GENERAL.-- The Secretary shall have exclusive enforcement authority over any violation of this Act.
(B) INITIATION OF ACTION.--The Secretary shall investigate and, if appropriate, initiate enforcement action under this Act, immediately upon receiving notification under paragraph (1)(B)(iii).

(4) USE OF APPROPRIATED FUNDS.--

(A) IN GENERAL.--The Secretary may use funds appropriated by the Department of Agriculture to carry out this subsection.
(B) PROHIBITION.--A certified third-party inspector may not use funds appropriated to Department of Agriculture.

§2149. Violations by licensees [Sec. 19]

(a)   (1) Temporary license suspension; notice and hearing; revocation. If the Secretary has reason to believe that any person

licensed as a dealer, exhibitor, or operator of an auction sale subject to section 12 of this Act, has violated or is violating any provision of this Act, or any of the rules or regulations or standards promulgated by the Secretary hereunder, he may suspend such person's license temporarily, but not to exceed 21 days, and after notice and opportunity for hearing, may suspend for such additional period as he may specify, or revoke such license, if such violation is determined to have occurred.
(2) EXTENSION OF TEMPORARY SUSPENSION PERIOD
If the Secretary has reason to believe that a violation that results in a temporary suspension pursuant to paragraph (l) is continuing or will continue after the expiration of the 21-day temporary suspension period described in that paragraph, and the violation will place the health of any animal in serious danger in violation of this Act, the Secretary may extend the temporary suspension period for such additional period as is necessary to ensure that the health of an animal is not in serious danger, as determined by the Secretary, but not to exceed 60 days.

(b) Civil penalties for violation of any section, etc.; separate offenses; notice and hearing; appeal; considerations in assessing penalty; compromise of penalty; civil action by Attorney General for failure to pay penalty; district court jurisdiction; failure to obey cease and desist order. Any dealer, exhibitor, research facility, intermediate handler, carrier, or operator of an auction sale subject to section 12 of this Act, that violates any provision of this Act, or any rule, regulation, or standard promulgated by the Secretary thereunder, may be assessed a civil penalty by the Secretary of not more than $2,500 for each such violation, and the Secretary may also make an order that such person shall cease and desist from continuing such violation. Each violation and each day during which a violation continues shall be a separate offense. No penalty shall be assessed or cease and desist order issued unless such person is given notice and opportunity for a hearing with respect to the alleged violation, and the order of the Secretary assessing a penalty and making a cease and desist order shall be final and conclusive unless the affected person files an appeal from the Secretary's order with the appropriate United States Court of Appeals. The Secretary shall give due consideration to the appropriateness of the penalty with respect to the size of the business of the person involved, the gravity of the violation, the person's good faith, and the history of previous violations. Any such civil penalty may be compromised by the Secretary. Upon any failure to pay the penalty assessed by a final order under this section, the Secretary shall request the Attorney General to institute a civil action in a district court of the United States or other United States court for any district in which such person is found or resides or transacts business, to collect the penalty, and such court shall have jurisdiction to hear and decide any such action. Any person who knowingly fails to obey a cease and desist order made by the Secretary under this section shall be subject to a civil penalty of $1,500 for each offense, and each day during which such failure continues shall be deemed a separate offense.

(c) Appeal of final order by aggrieved person; limitations; exclusive jurisdiction of United States Courts of Appeals. Any dealer, exhibitor, research facility, intermediate handler, carrier, or operator of an auction sale subject to section 12 of this Act, aggrieved by a final order of the Secretary issued pursuant to this section may, within 60 days after entry of such an order, seek review of such order in the appropriate United States Court of Appeals in accordance with the provisions of section 2341, 2343 through 2350 of title 28, United States Code, [28 USCS §2341, 2343-2350], and such court shall have exclusive jurisdiction to enjoin, set aside, suspend (in whole or in part), or to determine the validity of the Secretary's order.

(d) Criminal penalties for violation; initial prosecution brought before United States magistrates; conduct of prosecution by attorneys of United States Department of Agriculture. Any dealer, exhibitor, or operator of an auction sale subject to section 12 of this Act, who knowingly violates any provision of this Act shall, on conviction thereof, be subject to imprisonment for not more than 1 year, or a fine of not more than $2,500, or both. Prosecution of such violations shall, to the maximum extent practicable, be brought initially before United States magistrates [United States magistrate judges] as provided in section 636 of title 28, United States Code [28 USCS §636], and sections 3401 and 3402 of title 18, United States Code [18 USCS §3401, 3402], and, with the consent of the Attorney General, may be conducted, at both trial and upon appeal to district court, by attorneys of the United States Department of Agriculture.

Sec. 20. IMPORTATION OF LIVE DOGS AND CATS BY REGULATED PERSONS

(a) FINDINGS.--Congress finds that--

(1) regulating imports of dogs and cats for resale, including restricting importation of puppies and kittens for resale, is consistent with international agreements to which the United States is a party that expressly allows for measures that are necessary--

 

(A) to protect animal life or health; and
(B) to enjoin the use of deceptive trade practices in international and domestic commerce; (2) the importation of puppies into the United States for resale is increasing;

(3) the breeding of puppies in foreign countries for resale in the United States creates opportunities and incentives for evasion of United States laws (including regulations) relating to the humane care and treatment of canine breeding stock and puppies;
(4) the conditions under which puppies are transported into the United States for resale are frequently inhumane and in violation of domestic and international standards;
(5) there is an unacceptably high incidence of disease and death among puppies imported into the United States for resale;
(6) the importation of puppies for resale creates unacceptable incentives for evasion of United States laws (including regulations) intended to protect animal and human health in the United States, including quarantine regulations; and
(7) puppies imported for resale may be accompanied by fraudulent health and breeding documents, imposing high economic and emotional costs and fraud on United States citizens.

(b) DEFINITION OF REGULATED PERSON.--The term "regulated person" has the same meaning as the term "dealer" except that the term also includes any person that imports into the United States any live dog or cat for resale.

(c) ENFORCEMENT.--A regulated person that fails to comply with any Federal law (including a regulation) related to the importation of live dogs and cats into the United States shall be subject to this Act, including penalties under section 19.

(d) REGULATIONS.--Not later than 36 months after the date of enactment of this section, the Secretary, in consultation with the Secretary of Health and Human Services, the Secretary of Commerce, and the Secretary of Homeland Security, shall promulgate regulations relating to the importation of live dogs and cats into the United States for resale.

(e) REQUIREMENTS.--Regulations promulgated under subsection (d) shall require that dogs imported into the United States for
resale--

§2159. Authority to apply for injunctions [Sec. 29]

(a) REQUEST.-- Whenever the Secretary has reason to believe that any dealer, carrier, exhibitor, or intermediate handler is dealing in stolen animals, or is placing the health of any animal in serious danger in violation of this Act or the regulations or standards promulgated thereunder, or that any person is acting as a dealer or exhibitor without a valid license that has not been suspended or revoked as required by this Act, the Secretary shall notify the Attorney General, who may apply to the United States district court in which such dealer, carrier, exhibitor, or intermediate handler resides or conducts business for a temporary restraining order or injunction to prevent any such person from operating in violation of this Act or the regulations and standards prescribed under this Act.

(b) ISSUANCE.-- The court shall, upon a proper showing, issue a temporary restraining order or injunction under subsection (a) without bond. Such injunction or order shall remain in effect until a complaint pursuant to section 19 [ USCS §2149] is issued and dismissed by the Secretary or until an order to cease and desist made thereon by the Secretary has become final and effective or is set aside on appellate review. Attorneys of the Department of Agriculture may, with the approval of the Attorney General, appear in the United States district court representing the Secretary in any action brought under this section.

(c) INJUNCTIONS, REPRESENTATION.--

Sec. 7. EFFECT ON STATE LAW

Nothing in this Act or amendments made by this Act preempts any state law (including a regulation) that provides stricter requirements than the requirements provided in the amendments made by this Act.