Animal Welfare Enforcement Improvement Act

I 117TH CONGRESS 1ST SESSION H. R. 3277 To amend the Animal Welfare Act to increase protections for animals, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MAY 17, 2021 Mr. KRISHNAMOORTHI (for himself, Mr. LIEU, Mr. SCHIFF, Mr. LOWENTHAL, Mr. VARGAS, Ms. BARRAGA´N, Ms. BROWNLEY, Ms. ROYBAL-ALLARD, Ms. ESHOO, Mrs. HAYES, Ms. NORTON, Mr. LAWSON of Florida, Mr. JOHN- SON of Georgia, Mrs. AXNE, Ms. PRESSLEY, Mr. MORELLE, Mr. JONES, Mr. NADLER, Mr. BLUMENAUER, Mr. DEFAZIO, Mr. COHEN, Mr. COO- PER, Mr. SMITH of Washington, Ms. DELBENE, Mr. KIM of New Jersey, Mr. POCAN, Ms. WASSERMAN SCHULTZ, Mr. SUOZZI, Mrs. NAPOLITANO, Mr. TAKANO, Mr. MALINOWSKI, Mr. CA´RDENAS, Mr. KHANNA, Mr. GARCI´A of Illinois, Mr. LYNCH, Mr. MCGOVERN, Mr. FITZPATRICK, Mr. KILMER, Mr. GRIJALVA, Mr. RASKIN, Ms. STEVENS, Ms. BONAMICI, Ms. TLAIB, Ms. VELA´ZQUEZ, Ms. SCANLON, Mr. SIRES, Ms. SHERRILL, Mr. CONNOLLY, Mr. CORREA, Mr. YARMUTH, and Ms. JACOBS of California) introduced the following bill; which was referred to the Committee on Ag- riculture A BILL To amend the Animal Welfare Act to increase protections for animals, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 22:17 Jun 15, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3277.IH H3277 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 3277 IH SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Animal Welfare En- 2 forcement Improvement Act’’. 3 SEC. 2. CLARIFICATION WITH RESPECT TO ISSUANCE OF 4 LICENSES. 5 Section 3 of the Animal Welfare Act (7 U.S.C. 2133) 6 is amended to read as follows: 7 ‘‘SEC. 3. LICENSES. 8 ‘‘(a) IN GENERAL.—Subject to subsections (c), (d), 9 and (e), the Secretary shall issue licenses to dealers and 10 exhibitors upon— 11 ‘‘(1) the submission of an application for such 12 license that— 13 ‘‘(A) contains an inventory of all animals 14 present in all of the applicant’s facilities; and 15 ‘‘(B) is submitted in such form and man- 16 ner as the Secretary may prescribe; and 17 ‘‘(2) payment of such fee established pursuant 18 to section 23. 19 ‘‘(b) VALIDITY OF LICENSE.—A license issued under 20 subsection (a) shall be valid for a period not to exceed 21 1 calendar year. An applicant shall submit an application 22 under such subsection to renew such license each calendar 23 year before the expiration of the previously issued license. 24 ‘‘(c) PROHIBITED DEALERS AND EXHIBITORS.—Not- 25 withstanding subsection (a), the Secretary may not issue 26 VerDate Sep 11 2014 22:17 Jun 15, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3277.IH H3277 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 3277 IH a license (including a renewal of such a license) under such 1 subsection to a dealer or exhibitor if— 2 ‘‘(1) such dealer or exhibitor has been found to 3 have violated (including by entering a nolo 4 contendere or no contest plea with respect to the vio- 5 lation) Federal, State, or local laws relating to ani- 6 mals, including this Act and any other anti-animal 7 cruelty or wildlife protection law; or 8 ‘‘(2) the issuance of a license to such dealer or 9 exhibitor would facilitate the circumvention of State 10 or local law prohibiting the private ownership of cer- 11 tain animals. 12 ‘‘(d) UNANNOUNCED FACILITY INSPECTIONS.— 13 ‘‘(1) IN GENERAL.—Notwithstanding subsection 14 (a) and except as provided in paragraph (2), the 15 Secretary may not issue a license (including a re- 16 newal of such a license) under such subsection to a 17 dealer or exhibitor until the dealer or exhibitor shall 18 have demonstrated for the one year period preceding 19 the date on which the application for such license is 20 submitted, through full, unannounced inspections, 21 that the facilities of such dealer or exhibitor at the 22 time of inspection— 23 VerDate Sep 11 2014 22:17 Jun 15, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3277.IH H3277 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 3277 IH ‘‘(A) comply with the standards promul- 1 gated by the Secretary pursuant to section 13; 2 and 3 ‘‘(B) have not been documented as having 4 not complied with any such standard during 5 more than one inspection in the previous two 6 calendar years. 7 ‘‘(2) NEW APPLICANTS.—In the case of an ap- 8 plicant seeking to be licensed as a dealer or exhibitor 9 under subsection (a) who has not previously been so 10 licensed, the applicant shall not be subject to more 11 than 2 inspections conducted pursuant to paragraph 12 (1). Both such inspections shall be conducted within 13 the 90-day period that begins on the date of the re- 14 ceipt of the application by the Secretary. If, upon 15 the second inspection, the applicant is found to have 16 failed to meet any standard promulgated by the Sec- 17 retary pursuant to section 13, the Secretary shall 18 deny the application for such license and such appli- 19 cant may not submit an application for such a li- 20 cense for a one-year period beginning on the date on 21 which the application is so denied. 22 ‘‘(e) EXCEPTION.—Notwithstanding subsection (a), a 23 dealer or exhibitor shall not be required to obtain a license 24 as a dealer or exhibitor under this Act if the size of the 25 VerDate Sep 11 2014 22:17 Jun 15, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3277.IH H3277 pamtmann on DSKBC07HB2PROD with BILLS 5 •HR 3277 IH business is determined by the Secretary to be de mini- 1 mis.’’. 2 SEC. 3. HUMANE STANDARDS WITH RESPECT TO WATERING 3 AND ADEQUATE VETERINARY CARE. 4 Section 13(a) of the Animal Welfare Act (7 U.S.C. 5 2143(a)) is amended by adding at the end the following: 6 ‘‘(9) The standards with respect to minimum 7 requirements for adequate veterinary care referred 8 to in paragraph (2) shall include, at a minimum, the 9 following: 10 ‘‘(A) Regularly scheduled visits, not less 11 than once every 12 months, by the attending 12 veterinarian to all dealer and exhibitor premises 13 where animals are kept, to assess and ensure 14 the adequacy of veterinary care and other as- 15 pects of animal care and use. 16 ‘‘(B) A complete physical examination of 17 each animal maintained by a dealer or exhibitor 18 by the attending veterinarian not less than once 19 every 12 months, unless animal health or safety 20 considerations require a different protocol. 21 ‘‘(C) Vaccinations for contagious or deadly 22 diseases, and sampling and treatment of 23 parasites and other pests, to which the species 24 maintained by a dealer or exhibitor may be sus- 25 VerDate Sep 11 2014 22:17 Jun 15, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3277.IH H3277 pamtmann on DSKBC07HB2PROD with BILLS 6 •HR 3277 IH ceptible, in accordance with a schedule ap- 1 proved by the attending veterinarian. 2 ‘‘(D) Preventative care and treatment as 3 required by the species maintained by a dealer 4 or exhibitor, in accordance with a schedule ap- 5 proved by the attending veterinarian.’’. 6 SEC. 4. LICENSE SUSPENSIONS AND REVOCATIONS. 7 Section 19 of the Animal Welfare Act (7 U.S.C. 8 2149) is amended— 9 (1) in subsection (a)— 10 (A) by striking ‘‘hereunder, he may sus- 11 pend’’ and inserting the following: ‘‘here- 12 under— 13 ‘‘(1) in the case of any such violation that is 14 not described in paragraph (2), the Secretary may 15 suspend’’; 16 (B) by striking the period at the end and 17 inserting ‘‘; and’’; and 18 (C) by adding at the end the following new 19 paragraph: 20 ‘‘(2) in the case of such a violation that the 21 Secretary determines presents a risk to animal wel- 22 fare, the Secretary shall— 23 VerDate Sep 11 2014 22:17 Jun 15, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3277.IH H3277 pamtmann on DSKBC07HB2PROD with BILLS 7 •HR 3277 IH ‘‘(A) suspend such person’s license tempo- 1 rarily, but for a period not to exceed 21 days; 2 and 3 ‘‘(B) after notice and opportunity for an 4 informal hearing, permanently revoke such li- 5 cense if the Secretary determines that— 6 ‘‘(i) the violation occurred; 7 ‘‘(ii) the violation presents or has pre- 8 sented a risk to animal welfare; and 9 ‘‘(iii) the violation has persisted past 10 the initial period of license suspension 11 under subparagraph (A) or the person has 12 been found to have committed one or more 13 other such violations (including by entering 14 a nolo contendere or no contest plea with 15 respect to any such violation) affecting ani- 16 mal welfare.’’; and 17 (2) by adding at the end the following: 18 ‘‘(e)(1) Any person whose license has been suspended 19 for any reason shall not be licensed, or registered, in his 20 or her own name or in any other manner, within the period 21 during which the order of suspension is in effect. No fam- 22 ily member, household member, partnership, firm, cor- 23 poration, or other legal entity in which any such person 24 VerDate Sep 11 2014 22:17 Jun 15, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H3277.IH H3277 pamtmann on DSKBC07HB2PROD with BILLS 8 •HR 3277 IH has a substantial interest, financial or otherwise, will be 1 licensed or registered during that period. 2 ‘‘(2) Any person whose license has been revoked shall 3 not be licensed or registered, in his or her own name or 4 in any other manner, at any time, and no family member, 5 household member, partnership, firm, corporation, or 6 other legal entity in which any such person has a substan- 7 tial interest, financial or otherwise, will be licensed or reg- 8 istered. 9 ‘‘(3) Any person whose license has been suspended 10 or revoked shall not buy, sell, transport, exhibit, deliver 11 for transportation, or be employed in any capacity with 12 respect to any animal during the period of suspension or 13 revocation, under any circumstances, whether on his or 14 her behalf or on the behalf of another licensee or reg- 15 istrant.’’. 16 SEC. 5. CITIZEN SUITS. 17 Section 19 of the Animal Welfare Act (7 U.S.C. 18 2149), as amended by section 3, is further amended by 19 adding at the end the following new subsection: 20 ‘‘(f)(1) Except as provided in paragraph (2), any per- 21 son may commence a civil suit on his own behalf to enjoin 22 any person, including the United States and any other 23 governmental instrumentality or agency (to the extent per- 24 mitted by the eleventh amendment to the Constitution), 25 VerDate Sep 11 2014 22:17 Jun 15, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H3277.IH H3277 pamtmann on DSKBC07HB2PROD with BILLS 9 •HR 3277 IH who is alleged to be in violation of any provision of this 1 Act or regulation issued under the authority thereof. The 2 district courts shall have jurisdiction, without regard to 3 the amount in controversy or the citizenship of the parties, 4 to enforce any such provision or regulation or to order the 5 Secretary to perform such act or duty, as the case may 6 be. 7 ‘‘(2) No action may be commenced under paragraph 8 (1)— 9 ‘‘(A) prior to sixty days after written notice of 10 the violation has been given to the Secretary, and to 11 any alleged violator of any such provision or regula- 12 tion; and 13 ‘‘(B) if the United States has commenced and 14 is diligently prosecuting a criminal action in a court 15 of the United States to redress a violation of any 16 such provision or regulation. 17 ‘‘(3)(A) Any suit under this subsection may be 18 brought in the judicial district in which the violation oc- 19 curs. 20 ‘‘(B) In any such suit under this subsection in which 21 the United States is not a party, the Attorney General, 22 at the request of the Secretary, may intervene on behalf 23 of the United States as a matter of right. 24 VerDate Sep 11 2014 22:17 Jun 15, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H3277.IH H3277 pamtmann on DSKBC07HB2PROD with BILLS 10 •HR 3277 IH ‘‘(4) The court, in issuing any final order in any suit 1 brought pursuant to paragraph (1), may award costs of 2 litigation (including reasonable attorney and expert wit- 3 ness fees) to any party, whenever the court determines 4 such award is appropriate. 5 ‘‘(5) The injunctive relief provided by this subsection 6 shall not restrict any right which any person (or class of 7 persons) may have under any statute or common law to 8 seek enforcement of any standard or limitation or to seek 9 any other relief (including relief against the Secretary or 10 a State agency).’’. 11 SEC. 6. PUBLICATION OF INFORMATION ON VIOLATIONS. 12 The Animal Welfare Act is amended by inserting be- 13 fore section 26 (7 U.S.C. 2156) the following new section: 14 ‘‘SEC. 25A. PUBLICATION OF INFORMATION ON ENFORCE- 15 MENT. 16 ‘‘The Secretary shall publish, in a searchable format 17 on a public website of the Department of Agriculture, in- 18 formation and reports (in their entirety and without redac- 19 tion) on the nature and place of all investigations and in- 20 spections conducted by the Secretary under section 16 (in- 21 cluding all reports documenting all instances of non- 22 compliance with this Act observed during any such inspec- 23 tion), enforcement records, and animal inventories.’’. 24 VerDate Sep 11 2014 22:17 Jun 15, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H3277.IH H3277 pamtmann on DSKBC07HB2PROD with BILLS 11 •HR 3277 IH SEC. 7. REGULATIONS. 1 Not later than 90 days after the date of the enact- 2 ment of this Act, the Secretary of Agriculture shall issue 3 regulations to carry out the amendments made by this 4 Act. 5 Æ VerDate Sep 11 2014 22:17 Jun 15, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6301 E:\BILLS\H3277.IH H3277 pamtmann on DSKBC07HB2PROD with BILLS