Animal Welfare Enforcement Improvement Act

I 118TH CONGRESS 1ST SESSION H. R. 3859 To amend the Animal Welfare Act to increase protections for animals, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JUNE 6, 2023 Mr. KRISHNAMOORTHI (for himself and Ms. MACE) introduced the following bill; which was referred to the Committee on Agriculture 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 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Animal Welfare En- 4 forcement Improvement Act’’. 5 SEC. 2. CLARIFICATION WITH RESPECT TO ISSUANCE OF 6 LICENSES. 7 Section 3 of the Animal Welfare Act (7 U.S.C. 2133) 8 is amended to read as follows: 9 VerDate Sep 11 2014 06:25 Jul 06, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3859.IH H3859 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •HR 3859 IH ‘‘SEC. 3. LICENSES. 1 ‘‘(a) IN GENERAL.—Subject to subsections (c), (d), 2 and (e), the Secretary shall issue licenses to dealers and 3 exhibitors upon— 4 ‘‘(1) the submission of an application for such 5 license that— 6 ‘‘(A) contains an inventory of all animals 7 present in all of the applicant’s facilities; and 8 ‘‘(B) is submitted in such form and man- 9 ner as the Secretary may prescribe; and 10 ‘‘(2) payment of such fee established pursuant 11 to section 23. 12 ‘‘(b) VALIDITY OF LICENSE.—A license issued under 13 subsection (a) shall be valid for a period not to exceed 14 1 calendar year. An applicant shall submit an application 15 under such subsection to renew such license each calendar 16 year before the expiration of the previously issued license. 17 ‘‘(c) PROHIBITED DEALERS AND EXHIBITORS.—Not- 18 withstanding subsection (a), the Secretary may not issue 19 a license (including a renewal of such a license) under such 20 subsection to a dealer or exhibitor if— 21 ‘‘(1) such dealer or exhibitor has been found to 22 have violated (including by entering a nolo 23 contendere or no contest plea with respect to the vio- 24 lation) Federal, State, or local laws relating to ani- 25 VerDate Sep 11 2014 06:25 Jul 06, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3859.IH H3859 pbinns on DSKJLVW7X2PROD with $$_JOB 3 •HR 3859 IH mals, including this Act and any other anti-animal 1 cruelty or wildlife protection law; or 2 ‘‘(2) the issuance of a license to such dealer or 3 exhibitor would facilitate the circumvention of State 4 or local law prohibiting the private ownership of cer- 5 tain animals. 6 ‘‘(d) UNANNOUNCED FACILITY INSPECTIONS.— 7 ‘‘(1) IN GENERAL.—Notwithstanding subsection 8 (a) and except as provided in paragraph (2), the 9 Secretary may not issue a license (including a re- 10 newal of such a license) under such subsection to a 11 dealer or exhibitor until the dealer or exhibitor shall 12 have demonstrated for the one-year period preceding 13 the date on which the application for such license is 14 submitted, through full, unannounced inspections, 15 that the facilities of such dealer or exhibitor at the 16 time of inspection— 17 ‘‘(A) comply with the standards promul- 18 gated by the Secretary pursuant to section 13; 19 and 20 ‘‘(B) have not been documented as having 21 not complied with any such standard during 22 more than one inspection in the previous two 23 calendar years. 24 VerDate Sep 11 2014 06:25 Jul 06, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3859.IH H3859 pbinns on DSKJLVW7X2PROD with $$_JOB 4 •HR 3859 IH ‘‘(2) NEW APPLICANTS.—In the case of an ap- 1 plicant seeking to be licensed as a dealer or exhibitor 2 under subsection (a) who has not previously been so 3 licensed, the applicant shall not be subject to more 4 than 2 inspections conducted pursuant to paragraph 5 (1). Both such inspections shall be conducted within 6 the 90-day period that begins on the date of the re- 7 ceipt of the application by the Secretary. If, upon 8 the second inspection, the applicant is found to have 9 failed to meet any standard promulgated by the Sec- 10 retary pursuant to section 13, the Secretary shall 11 deny the application for such license and such appli- 12 cant may not submit an application for such a li- 13 cense for a one-year period beginning on the date on 14 which the application is so denied. 15 ‘‘(e) EXCEPTION.—Notwithstanding subsection (a), a 16 dealer or exhibitor shall not be required to obtain a license 17 as a dealer or exhibitor under this Act if the size of the 18 business is determined by the Secretary to be de mini- 19 mis.’’. 20 SEC. 3. HUMANE STANDARDS WITH RESPECT TO WATERING 21 AND ADEQUATE VETERINARY CARE. 22 Section 13(a) of the Animal Welfare Act (7 U.S.C. 23 2143(a)) is amended by adding at the end the following: 24 VerDate Sep 11 2014 06:25 Jul 06, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3859.IH H3859 pbinns on DSKJLVW7X2PROD with $$_JOB 5 •HR 3859 IH ‘‘(9) The standards with respect to minimum 1 requirements for adequate veterinary care referred 2 to in paragraph (2) shall include, at a minimum, the 3 following: 4 ‘‘(A) Regularly scheduled visits, not less 5 than once every 12 months, by the attending 6 veterinarian to all dealer and exhibitor premises 7 where animals are kept, to assess and ensure 8 the adequacy of veterinary care and other as- 9 pects of animal care and use. 10 ‘‘(B) A complete physical examination of 11 each animal maintained by a dealer or exhibitor 12 by the attending veterinarian not less than once 13 every 12 months, unless animal health or safety 14 considerations require a different protocol. 15 ‘‘(C) Vaccinations for contagious or deadly 16 diseases, and sampling and treatment of 17 parasites and other pests, to which the species 18 maintained by a dealer or exhibitor may be sus- 19 ceptible, in accordance with a schedule ap- 20 proved by the attending veterinarian. 21 ‘‘(D) Preventative care and treatment as 22 required by the species maintained by a dealer 23 or exhibitor, in accordance with a schedule ap- 24 proved by the attending veterinarian.’’. 25 VerDate Sep 11 2014 06:25 Jul 06, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3859.IH H3859 pbinns on DSKJLVW7X2PROD with $$_JOB 6 •HR 3859 IH SEC. 4. LICENSE SUSPENSIONS AND REVOCATIONS. 1 Section 19 of the Animal Welfare Act (7 U.S.C. 2 2149) is amended— 3 (1) in subsection (a)— 4 (A) by striking ‘‘hereunder, he may sus- 5 pend’’ and inserting the following: ‘‘here- 6 under— 7 ‘‘(1) in the case of any such violation that is 8 not described in paragraph (2), the Secretary may 9 suspend’’; 10 (B) by striking the period at the end and 11 inserting ‘‘; and’’; and 12 (C) by adding at the end the following new 13 paragraph: 14 ‘‘(2) in the case of such a violation that the 15 Secretary determines presents a risk to animal wel- 16 fare, the Secretary shall— 17 ‘‘(A) suspend such person’s license tempo- 18 rarily, but for a period not to exceed 21 days; 19 and 20 ‘‘(B) after notice and opportunity for an 21 informal hearing, permanently revoke such li- 22 cense if the Secretary determines that— 23 ‘‘(i) the violation occurred; 24 ‘‘(ii) the violation presents or has pre- 25 sented a risk to animal welfare; and 26 VerDate Sep 11 2014 06:25 Jul 06, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3859.IH H3859 pbinns on DSKJLVW7X2PROD with $$_JOB 7 •HR 3859 IH ‘‘(iii) the violation has persisted past 1 the initial period of license suspension 2 under subparagraph (A) or the person has 3 been found to have committed one or more 4 other such violations (including by entering 5 a nolo contendere or no contest plea with 6 respect to any such violation) affecting ani- 7 mal welfare.’’; and 8 (2) by adding at the end the following: 9 ‘‘(e)(1) Any person whose license has been suspended 10 for any reason shall not be licensed, or registered, in his 11 or her own name or in any other manner, within the period 12 during which the order of suspension is in effect. No fam- 13 ily member, household member, partnership, firm, cor- 14 poration, or other legal entity in which any such person 15 has a substantial interest, financial or otherwise, will be 16 licensed or registered during that period. 17 ‘‘(2) Any person whose license has been revoked shall 18 not be licensed or registered, in his or her own name or 19 in any other manner, at any time, and no family member, 20 household member, partnership, firm, corporation, or 21 other legal entity in which any such person has a substan- 22 tial interest, financial or otherwise, will be licensed or reg- 23 istered. 24 VerDate Sep 11 2014 06:25 Jul 06, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H3859.IH H3859 pbinns on DSKJLVW7X2PROD with $$_JOB 8 •HR 3859 IH ‘‘(3) Any person whose license has been suspended 1 or revoked shall not buy, sell, transport, exhibit, deliver 2 for transportation, or be employed in any capacity with 3 respect to any animal during the period of suspension or 4 revocation, under any circumstances, whether on his or 5 her behalf or on the behalf of another licensee or reg- 6 istrant.’’. 7 SEC. 5. PUBLICATION OF INFORMATION ON VIOLATIONS. 8 The Animal Welfare Act is amended by inserting be- 9 fore section 26 (7 U.S.C. 2156) the following new section: 10 ‘‘SEC. 25A. PUBLICATION OF INFORMATION ON ENFORCE- 11 MENT. 12 ‘‘The Secretary shall publish, in a searchable format 13 on a public website of the Department of Agriculture, in- 14 formation and reports (in their entirety and without redac- 15 tion) on the nature and place of all investigations and in- 16 spections conducted by the Secretary under section 16 (in- 17 cluding all reports documenting all instances of non- 18 compliance with this Act observed during any such inspec- 19 tion), enforcement records, and animal inventories.’’. 20 SEC. 6. REGULATIONS. 21 Not later than 90 days after the date of the enact- 22 ment of this Act, the Secretary of Agriculture shall issue 23 VerDate Sep 11 2014 06:25 Jul 06, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H3859.IH H3859 pbinns on DSKJLVW7X2PROD with $$_JOB 9 •HR 3859 IH regulations to carry out the amendments made by this 1 Act. 2 Æ VerDate Sep 11 2014 06:25 Jul 06, 2023 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6301 E:\BILLS\H3859.IH H3859 pbinns on DSKJLVW7X2PROD with $$_JOB