On Dec. 29, 2022, President Joe Biden signed the Consolidated Appropriations Act, 2023 (H.R. 2617) into law, which includes $1.7 trillion in fiscal year (FY) 2023 discretionary government funding for all 12 annual spending bills, as well as a number of other health care provisions. The $1.7 trillion omnibus appropriations package also included a host of other policy provisions, including some vital animal-friendly legislation.
According to the Humane Society of the United States (HSUS), horses fared especially well. The omnibus boosts funding for Horse Protection Act enforcement to $4.1 million (a $1 million increase) in order to curb the soring of Tennessee walking horses and related breeds. The ban on funding horse slaughter plant inspections will hold for another year, preventing these facilities from operating on American soil, and once again, wild horses and burros on Bureau of Land Management and Forest Service lands will be protected from slaughter. Finally, there is renewed commitment to the establishment of a central authority to prevent the doping and mistreatment of American racehorses.
In addition, the bill includes three provisions establishing protections for animals that will last far beyond fiscal year 2023. It permanently prevents the U.S. Department of Agriculture from issuing licenses for Class B random source dealers (notorious for acquiring dogs and cats by shady means like pet theft to sell into research); permanently requires inspections of USDA-operated laboratories for Animal Welfare Act compliance; and permanently requires reporting of any observed violations of the AWA on official USDA inspection reports.
In the House report language, deemed adopted by this bill, the USDA has been urged to reform its licensing and enforcement regimes for puppy mills, laboratories, zoos and other facilities regulated under the AWA. The package also contains much-needed grant money to expand sheltering options for survivors of domestic violence and their pets, resources to help ensure emergency preparedness at AWA-regulated facilities, and a boost in funds for student loan repayment to veterinarians working in underserved areas.
Wildlife protection is also reflected in this bill, which allocates increased funding to combat the transnational threat of wildlife poaching and trafficking. The Congress also directs the Fish and Wildlife Service to generate a report on its wildlife trafficking enforcement challenges.
House report language was incorporated that encourages the USDA to help fund producer transitions toward cage-free eggs and crate-free pork. And more language was included encouraging USDA to better monitor the threat of COVID-19 on mink fur farms, to prevent the spread of infection to humans and nearby wildlife.
The news is mixed when it comes to the protection of animals used in testing and research. The report increases oversight over chimpanzees who were once used for research. In another recent development, last week, a federal judge agreed with the HSUS that the government cannot refuse to retire federally owned chimpanzees formerly used for research to Chimp Haven, the federal chimpanzee sanctuary. Chimp Haven can provide a better standard of care than the labs in which they are languishing.
Finally, the omnibus includes the full President’s budget request of $5 million for the Food and Drug Administration to develop and implement new approach methodologies to replace animal testing.
Sweeping, large-scale legislative packages contain many varied pieces of legislation, and this 4,155-page omnibus bill is no different. One provision in this bill addresses the federal government’s authority over cosmetics testing. While FDA’s oversight has been enhanced in this area, it does not include provisions to end the use of animals in cosmetics testing or address states that already have laws on the books prohibiting the sale and manufacture of cosmetics that use new animal testing.
According to the HSUS, the fact that the passage of the Omnibus and all of its animal protection legislation comes on the heels of other critical legislation in the U.S. Congress, including the Big Cat Public Safety Act, Shark Fin Sales Elimination Act, and the END Wildlife Trafficking Act passing into law, is a very positive sign. The HSUS states that they are “deeply grateful to all the appropriators and other legislators who championed pro-animal measures, as we strive to elevate the protection of animals through the budget process, and in so doing, to make this a more humane nation.”
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