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Title 7 — Agriculture

Chapter 54 — Transportation, Sale, and Handling of Certain Animals

§ 2146a. Searchable database requirements

Statutory text

The Animal and Plant Health Inspection Service shall, notwithstanding any other provision of law:

(a)

within 60 calendar days, restore on its website the searchable database and its contents that were available on , and all content generated since that date; and

(b)

hereafter, make publicly available via searchable database, in their entirety without redactions except signatures, the following records:

(1)

all final Animal Welfare Act inspection reports, including all reports documenting all Animal Welfare Act violations and non-compliances observed by USDA officials and all animal inventories for the current year and the preceding three years;

(2)

all final Animal Welfare Act and Horse Protection Act enforcement records for the current year and the preceding three years;

(3)

all reports or other materials documenting any violations and non-compliances observed by USDA officials for the current year and the preceding three years; and

(4)

within six months of receipt by the agency, all final Animal Welfare Act research facility annual reports, including their attachments with appropriate redactions made for confidential business information that USDA could withhold under FOIA Exemption 4.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2020

    Pub. L. 116–94 div. B title VII § 788 · 133 Stat. 2534

    Enacted · 7 U.S.C. § 2146a

    Pub. L. 116–94, div. B, title VII, § 788, Dec. 20, 2019, 133 Stat. 2657

    Source evidence

    Code source credit
    Pub. L. 116–94, div. B, title VII, § 788, Dec. 20, 2019, 133 Stat. 2657

    Enacted provision · exact public law section
    Sec. 788. The Animal and Plant Health Inspection Service shall, notwithstanding any other provision of law: (a) within 60 calendar days, restore on its website the searchable database and its contents that were available on January 30, 2017, and all content generated since that date; and (b) hereafter, make publicly available via searchable database, in their entirety without redactions except signatures, the following records after enactment of this Act for a subsequent period of three years: (1) all final Animal Welfare Act inspection reports, including all reports documenting all Animal Welfare Act non-compliances observed by USDA officials and all animal inventories; (2) all final Animal Welfare Act and Horse Protection Act enforcement records; (3) all reports or other materials documenting any non-compliances observed by USDA officials; and (4) within six months of receipt by the agency, all final Animal Welfare Act research facility annual reports, including their attachments with appropriate redactions made for confidential business information that USDA could withhold under FOIA Exemption 4.

  2. Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2022

    Pub. L. 117–103 div. A title VII § 765 · 136 Stat. 49

    Amended · 7 U.S.C. § 2146a(b)

    Pub. L. 117–103 amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “hereafter, make publicly available via searchable database, in their entirety without redactions except signatures, the following records after enactment of this Act for a subsequent period of three years:

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 117–103 amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “hereafter, make publicly available via searchable database, in their entirety without redactions except signatures, the following records after enactment of this Act for a subsequent period of three years:

    “(1) all final Animal Welfare Act inspection reports, including all reports documenting all Animal Welfare Act non-compliances observed by USDA officials and all animal inventories; “(2) all final Animal Welfare Act and Horse Protection Act enforcement records; “(3) all reports or other materials documenting any non-compliances observed by USDA officials; and “(4) within six months of receipt by the agency, all final Animal Welfare Act research facility annual reports, including their attachments with appropriate redactions made for confidential business information that USDA could withhold under FOIA Exemption 4.”

    Enacted provision · exact public law section
    Sec. 765. Section 788(b) of the Further Consolidated Appropriations Act, 2020 (Public Law 116–94) 7 USC 2146a. is amended to read as follows: “(b) Public information. Records. Reports. hereafter, make publicly available via searchable database, in their entirety without redactions except signatures, the following records: “(1) all final Animal Welfare Act inspection reports, including all reports documenting all Animal Welfare Act violations and non-compliances observed by USDA officials and all animal inventories for the current year and the preceding three years; “(2) all final Animal Welfare Act and Horse Protection Act enforcement records for the current year and the preceding three years; “(3) all reports or other materials documenting any violations and non-compliances observed by USDA officials for the current year and the preceding three years; and “(4) within six months of receipt by the agency, all final Animal Welfare Act research facility annual reports, including their attachments with appropriate redactions made for confidential business information that USDA could withhold under FOIA Exemption 4.” .

2 of 2 references resolved to an enrolled provision

Editorial Notes

References in Text

The Animal Welfare Act, referred to in subsec. (b)(1), (2), (4), is Pub. L. 89–544, , 80 Stat. 350, which is classified generally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 2131 of this title and Tables.

The Horse Protection Act, referred to in subsec. (b)(2), is Pub. L. 91–540, , 84 Stat. 1404, which is classified generally to chapter 44 (§ 1821 et seq.) of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 1821 of Title 15 and Tables.

Codification

Section was enacted as part of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2020, and also as part of the Further Consolidated Appropriations Act, 2020, and not as part of the Animal Welfare Act which comprises this chapter.

Amendments

2022—Subsec. (b). Pub. L. 117–103 amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “hereafter, make publicly available via searchable database, in their entirety without redactions except signatures, the following records after enactment of this Act for a subsequent period of three years:

“(1) all final Animal Welfare Act inspection reports, including all reports documenting all Animal Welfare Act non-compliances observed by USDA officials and all animal inventories;

“(2) all final Animal Welfare Act and Horse Protection Act enforcement records;

“(3) all reports or other materials documenting any non-compliances observed by USDA officials; and

“(4) within six months of receipt by the agency, all final Animal Welfare Act research facility annual reports, including their attachments with appropriate redactions made for confidential business information that USDA could withhold under FOIA Exemption 4.”

Credits

2019–2022 · 2 acts
  1. 2019Pub. L. 116–94, div. B, title VII, § 788, , 133 Stat. 2657
  2. 2022Pub. L. 117–103, div. A, title VII, § 765, , 136 Stat. 98.
Show as published

(Pub. L. 116–94, div. B, title VII, § 788, , 133 Stat. 2657; Pub. L. 117–103, div. A, title VII, § 765, , 136 Stat. 98.)

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