Congressman Krishnamoorthi Announces New Legislation to Strengthen Animal Welfare Act Enforcement
SCHAUMBURG, IL – Today, Congressman Raja Krishnamoorthi announced the introduction of H.R. 4211, the Animal Welfare Enforcement Improvement Act (AWEIA). The bipartisan legislation would improve Animal Welfare Act (AWA) enforcement by strengthening the U.S. Department of Agriculture's (USDA's) licensing process for animal dealers and exhibitors.
Congressman Krishnamoorthi announced the legislation this morning at DuPage County Animal Services in Wheaton, Illinois. He was joined at the event by DuPage County Board Member and Animal Services Committee Chairman Brian Krajewski; Cathy Liss, President of the Animal Welfare Institute; Laura Hagen, Counsel at the PETA Foundation; Marc Ayers, Illinois State Director for the Humane Society of the United States; and local animal welfare advocates.
Animal dealers and exhibitors—including commercial dog-breeders, circuses, zoos, educational displays, petting farms/zoos, animal acts, wildlife parks, marine mammal parks, and some animal sanctuaries—are required to obtain a license and comply with the AWA. Dealers and exhibitors must renew their licenses each year. However, the current process relies on self-certification, and USDA's stated policy is to rubber-stamp renewals, even in cases where the licensee is committing ongoing violations that endanger the safety and welfare of animals.
The Animal Welfare Enforcement Improvement Act strengthens AWA enforcement to hold dealers and exhibitors accountable. Key provisions of the legislation include:
- Requiring animal dealers and exhibitors to renew their licenses annually, including a full pre-license inspection.
- Inspections before issuing or renewing a license must be unannounced.
- For initial applications, the applicant would have only two chances to pass an inspection. If any noncompliance is observed during the second inspection, the application would be denied, and the applicant could reapply after one year.
- Renewal would require that the licensee have no more than one documented noncompliance with any standard for the humane care of animals during the previous two years.
- Prohibiting USDA from issuing or renewing a license if the dealer or exhibitor has been found to have violated any federal, state, or local animal welfare law, or if the applicant is applying for a license to circumvent a state or local law prohibiting the private ownership of certain animals as pets.
- Requiring USDA to suspend the license of any dealer or exhibitor who commits a violation that presents a risk to animal welfare, and to permanently revoke the license (after notice and opportunity for a hearing) if the violation persists or the licensee has committed multiple violations.
- Preventing dealers and exhibitors whose licenses are suspended or revoked from being granted another license under another business name or through a business partner or family member, or from being employed by another licensee to work with animals during the period of the suspension or revocation.
- Authorizing citizen suits to enforce the Animal Welfare Act (similar to the Endangered Species Act and other major federal environmental laws).
- Requiring USDA to publish all inspection reports, enforcement records, and animal inventories online without redactions (as it did prior to February 2017).
"The Animal Welfare Act only works when it's actually enforced," said Congressman Krishnamoorthi. "I worked closely with the nation's leading animal welfare advocates on this proposal to close longstanding loopholes and make sure the law is properly enforced. My constituents are compassionate, and they expect businesses that mistreat the animals in their care to be held accountable and prevented from doing further harm—that's why this legislation is so important."
"We are all too familiar with the shortcomings in the way USDA issues and renews dealer and exhibitor licenses, and these shortcomings cause animal suffering," said Animal Welfare Institute President Cathy Liss. "We are grateful to Rep. Krishnamoorthi for tackling USDA's long-standing failure to ensure that all exhibitors and dealers comply with the Animal Welfare Act."
"The USDA's enforcement of even the most minimal animal protections is at rock bottom, so this legislation would help alleviate the suffering of animals in roadside zoos, circuses, and other such places," added PETA Deputy Director of Captive Animal Law Enforcement Rachel Mathews. "PETA and compassionate people everywhere are cheering on Congressman Krishnamoorthi for being animals' ally in Washington."
"While the Animal Welfare Act was created to protect animals, the current Federal and State legislation are lacking," said DuPage County Board Member and Animal Services Committee Chairman Brian Krajewski. "Enforcement is grossly inadequate when it comes to regulating commercial breeding, pet dealers, and pet stores. DuPage County would like to thank Rep. Krishnamoorthi for his leadership and actions to protect our pets, who do not have a voice, and cannot speak for themselves when they've been wronged."
The Animal Welfare Enforcement Improvement Act has been endorsed by the Animal Welfare Institute, American Society for the Prevention of Cruelty to Animals (ASPCA), Animal Legal Defense Fund, Humane Society of the United States, Humane Society Legislative Fund, International Fund for Animal Welfare, People for the Ethical Treatment of Animals (PETA), and the Physicians Committee for Responsible Medicine.