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January 2018

Tuesday, January 09, 2018

The 2017 congressional year in review for animals

As we begin the second session of the 115th Congress, let’s take a moment to look back at the highs and lows from the first session. While there were several bright spots, the new Administration and Congress produced a particularly dangerous set of challenges for animal welfare in 2017. The general governing philosophy of deregulation—put into practice at the departments of Agriculture and Interior and also in Congress—resulted in the targeting or outright repeal of a series of immensely important animal welfare reforms.

Capitol
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With that said, there is also broad and deep support for animal welfare in the United States, and those bipartisan sentiments are particularly reflected among the rank and file in Congress. Six measures, all led by bipartisan teams, already garnered more than 200 House cosponsors, putting them in solid position to be considered on the suspension calendar reserved for relatively non-controversial items. More representatives—a whopping 184—joined in seeking animal welfare funding in 2017 than in any year since joint annual letters on this began in 2000. A few chairmen of key House committees have stonewalled even immensely popular policy reforms, while giving the green light to anti-animal votes. What positive measures got over the finish line were largely thanks to victories in the FY17 omnibus appropriations package signed into law in May. For 2018, we hope lawmakers will heed public demand to enact more legislation that protects animals and reflects our widely shared humane values.

Here’s a snapshot of major actions in 2017, with a list at the end detailing which legislators took the lead on the positive items.

Pro-Animal Measures Signed into Law

The FY17 omnibus bill (P.L. 115-31) contained a number of hard-won victories for animals, including:

  • Horse slaughter—Renewed the “defund” provision that effectively prevents horse slaughter plants from reopening on U.S. soil.
  • Wild horses—Restated the prohibition on sending wild horses to slaughter for human consumption, and clarified that the protection extends to those transferred to federal, state, or local governments to serve as work horses. Also directed the Bureau of Land Management (BLM) to review proposals from non-governmental organizations regarding managing wild horses and burros, and gave BLM six months to create a plan to maintain long-term sustainable populations on the range in a humane manner.
  • Wolves—Maintained Endangered Species Act (ESA) protections for gray wolves, omitting a harmful rider that would have legislatively delisted them in Wyoming, Michigan, Minnesota, and Wisconsin.
  • Animal testing alternatives—Increased funding by $4.3 million for the Environmental Protection Agency’s Computational Toxicology program to develop replacements for traditional animal tests, as required in the 2016 reauthorization of the Toxic Substances Control Act.
  • Organics—Included no harmful language blocking a USDA rule on animal welfare standards for organic products.
  • Animal welfare funding—Sustained funding and provided some increases: $400,000 more to oversee animal welfare standards at USDA facilities conducting research on farm animals, $1.5 million more for veterinary student loan repayment, and $2.5 million more for the Office of Inspector General that helps enforce animal fighting prohibitions and the Animal Welfare Act, Horse Protection Act, and Humane Methods of Slaughter Act.
  • Class B dealers—Renewed the prohibition on USDA licensing of Class B random source dealers, who are notorious for keeping dogs and cats in awful conditions and obtaining them through fraudulent means such as pet theft to sell them to research facilities.
  • Wildlife trafficking—Sustained level funding for the U.S. Fish and Wildlife Service (FWS)’s Office of Law Enforcement and the agency’s International Affairs division to fight wildlife trafficking.
  • ESA funding—Provided important resources for conservation of whales, bats, and other imperiled species.
  • Pet declawing—Included committee report language urging HUD to notify all Public Housing Authorities that cat declawing is not required in public housing.

In addition, although the final FY18 appropriations package has not yet passed Congress, the House Appropriations Committee did approve helpful report language (considered done once reported, unless explicitly reversed in the final bill) on a number of issues:

  • USDA data purge—Urged USDA to promptly restore and resume posting of online searchable Animal Welfare Act and Horse Protection Act enforcement records.
  • Predator poisons—Encouraged USDA’s Wildlife Services program to evaluate alternatives to M-44 cyanide bombs for livestock protection and overall safety.
  • Chimpanzee sanctuary—Encouraged NIH to expedite retirement of their chimpanzees and consider expanding the national chimpanzee sanctuary system.
  • Animal testing alternatives—Strongly supported EPA’s Computational Toxicology program, which seeks to reduce, and ultimately replace, animal testing. Also supported FDA’s Organ on a Chip program to replace animals for drug and other testing.

Furthermore, Senate Armed Services Committee report language accompanying the FY18 National Defense Authorization Act (P.L. 115-91) called for a National Academies study on modeling and simulation techniques (such as sophisticated mannequins) for medical training. These methods could replace the Defense Department’s use of live animals for medical training.

Anti-Animal Measures Signed into Law

Among the worst actions of the 115th Congress so far were votes by both the House and Senate to revoke a well-crafted rule by the FWS to prevent extremely cruel and unsporting trophy hunting methods on National Wildlife Refuges in Alaska (H.J. Res. 69). And in the tax package that passed in December (H.R. 1), Congress overturned decades of protection for the Arctic National Wildlife Refuge (ANWR), authorizing oil drilling and putting at risk an extraordinary diversity of wild animals in the nation’s largest refuge.

Poised for Action

A number of bills highlighted in the 2017 Humane Scorecard have overwhelming bipartisan cosponsor lists and are ripe for floor action:

  • Prevent All Soring Tactics (PAST) Act—H.R. 1847 has 277 cosponsors.
  • Pet and Women Safety (PAWS) Act—H.R. 909 has 246 cosponsors; S. 322 has 36 cosponsors.
  • Preventing Animal Cruelty and Torture (PACT) Act—H.R. 1494 has 268 cosponsors; S. 654 has 37 cosponsors, and was unanimously approved by the full Senate in December.
  • Safeguard American Food Exports (SAFE) Act—H.R. 113 has 204 cosponsors; S. 1706 has 30 cosponsors.
  • Shark Fin Trade Elimination Act—H.R. 1456 has 230 cosponsors; S. 793 has 31 cosponsors, and passed by voice vote in May in the Senate Commerce, Science, and Transportation Committee.
  • Dog and Cat Meat Trade Prohibition Act—H.R. 1406 has 224 cosponsors. In related action to this domestic bill, in November the House Foreign Affairs Committee approved by voice vote a resolution (H. Res. 401) condemning the global dog and cat meat trade and urging nations around the world to take action to end it.
  • Humane Cosmetics Act—H.R. 2790 has 167 cosponsors.

Several exciting new bills were also introduced in 2017:

  • Parity in Animal Cruelty Enforcement (PACE) Act, to ensure animal fighting prohibitions apply everywhere in the U.S., including U.S. territories.
  • Horseracing Integrity Act, to establish national standards and enforcement of rules against doping, which poses life-threatening risks for racing horses and jockeys.
  • Opportunities for Fairness in Farming (OFF) Act, to prevent checkoff funds from being used to lobby against family farmer-supported policies including animal welfare initiatives.
  • Animal Welfare Accountability and Transparency Act, to address the USDA purge by requiring the agency to resume posting online searchable inspection reports and other enforcement records under the Animal Welfare Act and Horse Protection Act.
  • Puppy Protection Act, to require stronger humane standards for dogs at breeding facilities.
  • Welfare of our Friends (WOOF!) Act, to prohibit licensing or relicensing of dog dealers (and those closely connected to them) who have had their licenses suspended or revoked.
  • Help Extract Animals from Red Tape (HEART) Act, to shift the costs of caring for animals seized in animal fighting cases from taxpayers to those responsible for harming the animals, and to expedite adoption of the rescued animals.

Congress deferred final action until January 19 on FY18 appropriations legislation that will determine a host of crucial issues including horse slaughter, wild horse management, ESA protections for gray wolves, extreme hunting methods on National Park Service lands in Alaska, funding to eliminate animal testing, and enforcement of key animal welfare laws. During floor debate on the FY18 bills, the House passed several positive amendments, which must also be resolved in the final House/Senate package:

  • A $2 million increase for the Wounded Warrior Service Dog Program that awards grants to nonprofits providing therapeutic service dogs to veterans and active duty personnel facing physical injuries and emotional scars from their military service, including post-traumatic stress disorder, traumatic brain injury, blindness, loss of limb, and paralysis.
  • A $5 million increase for equine assisted therapy under the Veterans Affairs’ Adaptive Sports Grant Program for veterans suffering from PTSD, TBI, military sexual trauma, and other psychological wounds.
  • A prohibition on Department of Veterans Affairs (VA) expenditures for any experiment that causes significant pain or distress to dogs.

Throughout the year, many legislators weighed in on behalf of animals via letters directed to the Trump Administration or congressional leaders. Their letters spanned a broad range of topics including horse soring, trophy hunting, USDA’s data purge, ESA and anti-environmental riders, horse slaughter, wild horse management, Marine Mammal Commission funding, Fur Products Labeling Act enforcement, the annual Yulin Dog Meat Festival, VA experiments on dogs, poultry slaughter line speeds, and relicensing under the Animal Welfare Act.

Farm Bill

Congress is due to take up the next multi-year Farm Bill, which presents a prime opportunity for animal protection provisions within USDA’s jurisdiction. A group of 40 Republican and 40 Democratic representatives wrote to House Agriculture Committee leaders in August urging that the bill include animal protection measures, as did each of the last three Farm Bills.

We are also on the lookout for hostile moves, particularly Rep. Steve King’s expected efforts to attach his anti-states’ rights legislation, H.R. 3599, which could nullify state laws covering everything from intensive confinement of farm animals to puppy mills and dog meat, along with food safety, environmental, labor, and other concerns. We will need to rally to defeat this enterprise-threatening legislation.

For that and all our work, we depend on you to make your voice heard. Each one of us must continue to show that these issues are important to Americans and deserve a vote. If they reach the floor, we can win resoundingly and demonstrate the potential for bipartisan action even in these fractured times. Thank you for staying engaged, and let’s keep urging Congress to get the job done.

Reference—Lawmakers Who Led on Animal Protection Efforts

Animal welfare funding: Sens. Ron Wyden, D-Ore., and John Kennedy, R-La., and Reps. Chris Smith, R-N.J., and Earl Blumenauer, D-Ore., led sign-on letters; Sen. Jeff Merkley, D-Ore., and Rep. Sanford Bishop, D-Ga., played key roles in obtaining needed funds.

Horse slaughter defund: Sens. Tom Udall, D-N.M., and Lindsey Graham, R-S.C., and Reps. Lucille Roybal-Allard, D-Calif., and Charlie Dent, R-Pa., offered amendments in committee; Sen. Robert Menendez, D-N.J., and Reps. Jan Schakowsky, D-Ill., Vern Buchanan, R-Fla., Michelle Lujan Grisham, D-N.M., and Ed Royce, R-Calif., led sign-on letters; Reps. Royce and Earl Blumenauer, D-Ore., filed floor amendment.

Wild horses: Sen. Udall, and Reps. Ken Calvert, R-Calif., and Betty McCollum, D-Minn., secured positive FY17 provisions; Reps. Dina Titus, D-Nev., Carlos Curbelo, R-Fla., Peter King, R-N.Y., Lujan Grisham, and Jared Polis, D-Colo., filed floor amendment; Reps. Titus, Polis, and Lujan Grisham led sign-on letter.

ESA/wolves: Sen. Cory Booker, D-N.J., and Reps. Don Beyer, D-Va., Debbie Dingell, D-Mich., and Raúl Grijalva led sign-on letters; Sens. Udall, D-N.M. and Chuck Schumer, D-N.Y., and Reps. Nita Lowey, D-N.Y. and Nancy Pelosi, D-Calif., played key roles in keeping harmful anti-ESA riders out of FY17 bill; Rep. Tom O’Halleran, D-AZ, offered floor amendment to remove anti-ESA provisions from Resilient Federal Forests Act; Sen. Bill Nelson, D-Fla., and Reps. Buchanan and Matt Gaetz, R-Fla., each wrote to DOI urging ESA protections for Florida panthers.

Alternatives development: Rep. Ken Calvert, R-Calif., played key role in securing increased funding for EPA’s Computational Toxicology program.

Organics: Sens. Patrick Leahy, D-Vt., and Merkley, and Reps. Chellie Pingree, D-Maine, Rosa DeLauro, D-Conn., Peter DeFazio, D-Ore., and Ron Kind, D-Wis., led efforts to protect USDA rule establishing animal welfare standards for organic products.

Class B dealers: Rep. Roybal-Allard secured prohibition.

Wildlife trafficking: Sen. Leahy led efforts to secure needed enforcement funds.

Pet declawing: Rep. Marcy Kaptur, D-Ohio, successfully requested report language.

USDA purge: Reps. David Young, R-Iowa, Chris Smith, and Sanford Bishop played key roles in obtaining report language; Sens. Menendez and Dianne Feinstein, D-Calif., led a sign-on letter to USDA; Reps. Martha McSally, R-Ariz., Lou Barletta, R-Pa., Roybal-Allard, Buchanan, Blumenauer, and Beyer led a sign-on letter to President Trump; Sen. Debbie Stabenow, D-Mich., and Rep. Calvert sent their own letters to USDA; Sen. Wyden and Rep. Blumenauer introduced Animal Welfare Accountability and Transparency Act.

Predator poisons: Rep. Mike Simpson, R-Idaho, secured report language; Reps. DeFazio and Gaetz introduced Chemical Poisons Reduction Act.

Chimpanzee sanctuary: Rep. Roybal-Allard secured report language.

DoD medical training: Sens. Richard Blumenthal, D-Conn., and Gary Peters, D-Mich., offered amendment calling for National Academies study.

Prevent All Soring Tactics (PAST) Act: Reps. Ted Yoho, R-Fla., Kurt Schrader, D-Ore., Tom Marino, R-Pa., Steve Cohen, D-Tenn., Chris Collins, R-N.Y., and Jan Schakowsky, D-Ill., introduced H.R. 1847; Reps. Yoho, Schrader, Marino, Cohen, and Schakowsky led sign-on letter to President Trump urging him to finalize USDA rule to strengthen enforcement of Horse Protection Act and requesting his support for PAST Act.

Pet and Women Safety (PAWS) Act: Sens. Peters and Dean Heller, R-Nev., introduced S. 322, and Reps. Katherine Clark, D-Mass., Ileana Ros-Lehtinen, R-Fla., Rick Nolan, D-Minn., Jeff Denham, R-Calif., Cohen, and Mimi Walters, R-Calif., introduced H.R. 909.

Preventing Animal Cruelty and Torture (PACT) Act: Sens. Pat Toomey, R-Pa., and Blumenthal introduced S. 654, and Reps. Lamar Smith, R-Texas, and Ted Deutch, D-Fla., introduced H.R. 1494.

Safeguard American Food Exports (SAFE) Act: Sens. Menendez, Graham, Sheldon Whitehouse, D-R.I., and Susan Collins, R-Maine, introduced S. 1706, and Reps. Buchanan, Schakowsky, Royce, and Lujan Grisham introduced H.R. 113.

Shark Fin Trade Elimination Act/Shark Fin Sales Elimination Act: Sens. Booker and Shelley Moore Capito, R-W.Va., introduced S. 793, and Reps. Royce and Gregorio Kilili Camacho Sablan introduced H.R. 1456.

Dog and Cat Meat Trade Prohibition Act: Reps. Alcee Hastings, D-Fla., Buchanan, Dave Trott, R-Mich., and Brendan Boyle, D-Pa., introduced H.R. 1406; Reps. Hastings and Buchanan introduced global resolution, H. Res. 401; Rep. Hastings introduced H. Res. 30 to condemn Yulin Dog Meat Festival; Rep. Hastings sent letters to President Trump, Secretary of State Tillerson, and Chinese Ambassador regarding Yulin; Reps. Hastings and Buchanan wrote to House leaders seeking floor vote; Rep. Royce secured committee approval of H. Res. 401.

Humane Cosmetics Act: Reps. McSally, Beyer, Royce, Tony Cárdenas, D-Calif., Frank LoBiondo, R-N.J., and Paul Tonko, D-N.Y., introduced H.R. 2790.

Parity in Animal Cruelty Enforcement (PACE) Act: Reps. Peter Roskam, R-Ill., Blumenauer, Rodney Davis, R-Ill., Nolan, Kevin Yoder, R-Kan., Cárdenas, Steve Knight, R-Calif., Brad Sherman, D-Calif., and Buchanan introduced H.R. 4202.

Horseracing Integrity Act: Reps. Andy Barr, R-Ky., and Tonko introduced H.R. 2651.

Opportunities for Fairness in Farming (OFF) Act: Sens. Mike Lee, R-Utah, and Booker introduced S. 741, and Reps. Dave Brat, R-Va., and Titus introduced H.R. 1753.

Animal Welfare Accountability and Transparency Act: Sen. Wyden introduced S. 503, and Reps. Blumenauer and Susan Davis, D-Calif., introduced H.R. 1368.

Puppy Protection Act: Reps. Brian Fitzpatrick, R-Pa., and Charlie Crist, D-Fla., introduced H.R. 4693.

Welfare of our Friends (WOOF) Act/AWA licensing: Reps. Fitzpatrick and Crist introduced H.R. 4691; Sen. Richard Durbin, D-Ill., and Reps. Kyrsten Sinema, D-Ariz., Fitzpatrick, Ryan Costello, R-Pa., Stephanie Murphy, D-Fla., Barletta, and Josh Gottheimer, D-N.J., sent letters to USDA encouraging agency rulemaking to address problems with AWA licensing and relicensing.

Help Extract Animals from Red Tape (HEART) Act: Reps. John Katko, R-N.Y., Judy Chu, D-Calif., Jim Sensenbrenner, R-Wis., and Sheila Jackson Lee, D-Texas, introduced H.R. 398.

Wounded Warrior Service Dogs: Reps. Jim McGovern, D-Mass., McSally, Carol Shea-Porter, D-N.H., Walter Jones, R-N.C., and LoBiondo successfully sought increased funding for current program; Reps. McGovern and Jones introduced H.R. 2625, the Wounded Warrior Service Dog Act; Sens. Deb Fischer, R-Neb., and Booker introduced S. 1014, and Reps. Ron DeSantis, R-Fla., and Stephen Lynch, D-Mass., introduced H.R. 2327, the Puppies Assisting Wounded Service Members (PAWS) Act; Reps. Steve Stivers, R-Ohio, and Tim Walz, D-Minn., introduced H.R. 2225, the Veteran Dog Training Therapy Act.

Equine Assisted Therapy: Rep. Barr successfully offered floor amendment.

Veterans Affairs experiments on dogs: Reps. Brat, Titus, Ted Poe, R-Texas, Ro Khanna, D-Calif., Brian Mast, R-Fla., and Ted Lieu, D-Calif., successfully offered floor amendment; Reps. Brat and Titus introduced H.R. 3197, the Preventing Unkind and Painful Procedures and Experiments on Respected Species (PUPPERS) Act; Reps. Titus and Lieu led sign-on letter to the VA Inspector General.

Trophy hunting: Sen. Menendez led sign-on letter to Secretary Zinke challenging FWS plans to re-allow importation of elephant and lion trophies from Zimbabwe and Zambia, and Sen. Feinstein sent additional solo letter; Reps. Blumenauer, Buchanan, Jim Langevin, D-R.I., Gaetz, Grace Meng, D-N.Y., and Lee Zeldin, R-N.Y., led sign-on letter to President Trump.

Marine Mammal Commission: Sen. Maria Cantwell, D-Wash., and Rep. Jared Huffman, D-Calif., led sign-on letters seeking needed funds.

Fur Products Labeling Act: Rep. Eliot Engel, D-N.Y. led sign-on letter to FTC calling for investigation and enforcement against 17 retail companies identified in Humane Society of the U.S. petition as having sold “faux fur” products really made with animal fur.

Poultry slaughter line speeds: Rep. DeLauro led a sign-on letter to Agriculture Secretary Perdue urging him to reject call to increase maximum line speeds in poultry processing plants from current 140 birds per minute to 175 birds per minute, which would exacerbate existing problems with worker injuries, animal suffering, and food safety risks.

Farm Bill: Reps. Buchanan and Blumenauer led a sign-on letter calling for inclusion of animal protection measures.

Wednesday, January 03, 2018

Bipartisan bills introduced in Congress to crack down on puppy mill abuse

There is a massive divide between how dogs in most American homes live versus how dogs in the nation’s thousands large-scale, commercial breeding facilities, known as puppy mills, live. Breeding dogs are treated like production machines, and can spend their entire lives in small, stacked, wire cages, often without veterinary care, exercise, socialization, or meaningful human interaction. Many of these inhumane facilities still meet the meager, bare minimum requirements outlined under the federal Animal Welfare Act regulations. In an effort to reduce the gap in that divide and offer much needed protections to our four-legged friends, U.S. Reps. Brian Fitzpatrick, R-Pa., and Charlie Crist, D-Fla., recently introduced two important bipartisan bills and the lawmakers formally announced word of the bills today.

image from https://s3.amazonaws.com/feather-client-files-aviary-prod-us-east-1/2018-01-04/a2e0b304-f8d0-462e-afb4-bf0968e7e376.png
Meredith Lee/The HSUS

The Puppy Protection Act, H.R. 4693, would amend the Animal Welfare Act to mandate significant improvements to the standards of care for licensed dog breeders. Under current AWA regulations, breeding dogs can spend their entire lives in cramped, stacked wire cages. The regulations do not require licensees to ever let the breeding dogs outside of their cages for exercise, provide core vaccinations for each dog, or even give the animals water more than twice per day. No dog should live this way, and if this legislation is adopted, they won’t have to. The Puppy Protection Act would prohibit harmful practices such as cage stacking and wire flooring and require larger enclosures with spacious outdoor exercise runs. Dogs would be fed at least twice a day, have continual access to clean, unfrozen water, and would be protected from extreme sweltering or frigid temperatures. Hands-on annual veterinary exams and meaningful socialization with humans would also be required.

The Puppy Protection Act is a response to the public concern over dogs suffering needlessly in puppy mills, and also to the U.S. Department of Agriculture’s lack of movement on the issue. In September 2015, The HSUS, ASPCA, and the Humane Society Veterinary Medical Association submitted a rulemaking petition to the USDA calling for significant upgrades to the weak standards of care for commercial dog breeders. More than two years later, the USDA has still not officially responded, other than to acknowledge that it received the petition. It’s time for Congress to step in.

The basic standards of animal care set forth in the legislation are similar to those proposed in the rulemaking petition to the USDA and in a new ballot initiative launched in Ohio, the nation’s second largest puppy mill state—standards endorsed by veterinarians and pet industry groups.

The second bill, the Welfare of Our Friends (WOOF) Act, H.R. 4691, addresses the fact that the USDA allows licensees with severe and multiple Animal Welfare Act violations to continue to be licensed year after year. It closes a loophole in the current law allowing problem dealers who have had their licenses suspended or revoked to simply obtain a new license under the name of a spouse or other family member while still owning the same animals on the same property. The WOOF Act would prohibit the issuance or renewal of a license to breeders whose previous license has been revoked or suspended, or to their immediate family members at the same address. This legislation would help stop puppy mill cruelty by ensuring that puppy dealers who have been shut down due to poor animal care remain closed, as the spirit of the Animal Welfare Act intended.

While the Puppy Protection Act and the WOOF Act are important animal welfare measures, they are also consumer protection measures. If commercial breeders were required to adhere to humane standards of care, or lose their license if they don’t, fewer families would unknowingly support cruel puppy mills or be duped into buying sick and behaviorally challenged puppies.

“It’s crucial we stand up for animals—both as individuals and as a society. That means strengthening important regulations under the Animal Welfare Act to meet this goal,” said Rep. Fitzpatrick. “As a member of the Congressional Animal Protection Caucus, I’m committed to ensuring our government is doing its part to promote animal welfare.”

“The Bible teaches us to care for all of God’s creatures, and that includes man’s best friend,” said Rep. Crist. “I’m proud to help introduce this bipartisan legislation that protects dogs from unprincipled dealers and breeders, providing a voice for the voiceless.”

No dog should spend her entire life in a tiny cage, her paws never touching grass, outside and exposed to frigid temperatures and winds, and bred so relentlessly that her body eventually wears out. Some puppy mill operators game the system and register their mill under a different name after they are cited for animal welfare violations. These two bills will prevent that trickery and also strengthen the standards of care for hundreds of thousands of dogs on commercial breeding facilities.

This nation has a puppy mill problem, and it’s time for the federal government to stop ignoring it. Please contact your members of Congress today and ask them to support and cosponsor the Puppy Protection Act and the WOOF Act to help crack down on puppy mills.

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