[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3393 Introduced in House (IH)]







104th CONGRESS
  2d Session
                                H. R. 3393

   To amend the Animal Welfare Act to prevent the crime of pet theft.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 7, 1996

 Mr. Fox of Pennsylvania (for himself and Mr. Lantos, Mr. Abercrombie, 
 Mr. Andrews, Mr. Ballenger, Mr. Bryant of Tennessee, Mr. Calvert, Mr. 
 Campbell, Mr. Chabot, Mr. Dellums, Mr. Doyle, Mr. Engel, Mr. Farr of 
California, Mr. Foley, Mr. Heineman, Mr. Holden, Mr. Horn, Mr. Jacobs, 
   Mrs. Kelly, Mr. Kleczka, Mr. LaTourette, Mr. Leach, Mr. Lewis of 
     Georgia, Mr. Lipinski, Ms. Lofgren, Mr. Manton, Mr. Miller of 
California, Mrs. Mink of Hawaii, Mr. Pallone, Mr. Smith of New Jersey, 
Mr. Torres, Mr. Poshard, and Mr. Barcia) introduced the following bill; 
           which was referred to the Committee on Agriculture

_______________________________________________________________________

                                 A BILL


 
   To amend the Animal Welfare Act to prevent the crime of pet theft.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Family Pet 
Protection Act of 1996''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Restriction on sources of dogs and cats for research or 
                            educational purposes.
Sec. 3. Restriction on sale, donation, offer, or lease of dogs and 
                            cats.
Sec. 4. Definition of pound.
Sec. 5. Additional requirements for pounds.
Sec. 6. Registration requirement.
Sec. 7. Holding period.
Sec. 8. Signed release form requirement.
Sec. 9. Verification of identity of person relinquishing a dog or cat.
Sec. 10. Identifying photograph requirement.
Sec. 11. Certification requirement for pounds.
Sec. 12. Prohibition against transfer of dogs or cats between pounds.
Sec. 13. Pound employees treated as agents.
Sec. 14. Penalties for certain violations.
Sec. 15. Injunctions against pounds.
Sec. 16. Relationship to state law.
Sec. 17. Effective date.

SEC. 2. RESTRICTIONS ON SOURCES OF DOGS AND CATS FOR RESEARCH OR 
              EDUCATIONAL PURPOSES.

    (a) In General.--Section 7 of the Animal Welfare Act (7 U.S.C. 
2137) is amended to read as follows:

``SEC. 7. RESTRICTIONS ON SOURCES OF DOGS AND CATS FOR RESEARCH OR 
              EDUCATIONAL PURPOSES.

    ``(a) Restriction Applicable to Research Facilities.--It shall be 
unlawful for any research facility to purchase, lease, or acquire in a 
calendar year a live or dead dog or cat, in or affecting commerce, for 
research or educational purposes, except from--
            ``(1) a licensed dealer who bred and raised the dog or cat;
            ``(2) a pound that is in compliance with sections 6, 28, 
        and 30, and that acquired the dog or cat from the legal owner 
        of the dog or cat;
            ``(3) a person who bred and raised the dog or cat and 
        donated during the calendar year not more than 1 animal to a 
        research facility or Federal research facility;
            ``(4) a research facility that is registered with the 
        Department of Agriculture; or
            ``(5) a Federal, State, or local government agency which is 
        not a pound.
    ``(b) Restriction Applicable to Federal Research Facilities.--It 
shall be unlawful for an individual acting as an employee or agent of a 
Federal research facility to acquire a dog or cat for research or 
educational purposes, except from an entity from which a research 
facility may do so.''.
    (b) Conforming Amendment.--Section 8 of such Act (7 U.S.C. 2138) is 
amended by striking ``research or experimentation or''.

SEC. 3. RESTRICTION ON SALE, DONATION, OFFER, OR LEASE OF DOGS AND CATS 
              FOR RESEARCH OR EDUCATIONAL PURPOSES.

    The Animal Welfare Act (7 U.S.C. 2131-2159) is amended by inserting 
after section 17 the following:

``SEC. 18. RESTRICTION ON SALE, DONATION, OFFER, OR LEASE OF DOGS AND 
              CATS FOR RESEARCH OR EDUCATIONAL PURPOSES.

    ``Notwithstanding any other provision of this Act, a person may not 
sell, donate, offer, or lease any live or dead dog or cat, in or 
affecting commerce, to a research facility or Federal research facility 
for research or educational purposes unless the person is--
            ``(1) a licensed dealer who bred and raised the dog or cat;
            ``(2) a pound that is in compliance with sections 6, 28, 
        and 30, and that acquired the dog or cat from the legal owner 
        of the dog or cat;
            ``(3) a person who bred and raised the dog or cat and 
        donated during the calendar year not more than 1 animal to a 
        research facility or Federal research facility;
            ``(4) a research facility that is registered with the 
        Department of Agriculture; or
            ``(5) a Federal, State, or local government agency which is 
        not a pound.''.

SEC. 4. DEFINITION OF POUND.

    (a) In General.--Section 2 of the Animal Welfare Act (7 U.S.C. 
2132) is amended--
            (1) in subsection (n), by striking ``and'';
            (2) in subsection (o), by striking the period and inserting 
        ``; and''; and
            (3) by adding at the end the following:
    ``(p) The term `pound' means a facility (including a shelter)--
            ``(1) which operates for the purpose of caring for stray 
        animals; and
            ``(2) which is owned or operated by, or provides services 
        under a contract to, a State or a political subdivision of a 
        State.''.
    (b) Conforming Amendments.--
            (1) Section 28(a)(2)(A) of such Act (7 U.S.C. 
        2158(a)(2)(A)) is amended to read as follows:
                    ``(A) each pound;''.
            (2) Section 28(a)(2)(B) of such Act (7 U.S.C. 2158(a)(2)(B) 
        is amended--
                    (A) by inserting a comma after ``city'' and 
                ``pound''; and
                    (B) by striking ``or shelter''.

SEC. 5. ADDITIONAL REQUIREMENTS FOR POUNDS.

    The Animal Welfare Act (7 U.S.C. 2131-2159) is amended by adding at 
the end the following:

``SEC. 30. ADDITIONAL REQUIREMENTS FOR POUNDS.

    ``(a) Public Access.--
            ``(1) Times.--A pound that releases a dog or cat to a 
        research facility or Federal research facility shall be open to 
        the public--
                    ``(A) on 1 day of each weekend for a minimum of 3 
                hours; and
                    ``(B) until 6 o'clock post meridian at least 1 
                weekday per week.
            ``(2) Records.--A pound that releases a dog or cat to a 
        research facility or Federal research facility shall maintain, 
        and provide to the public access to, the records of the 
        acquisition and disposition of every dog and cat received by 
        the pound.
    ``(b) Screening and Training of Pound Employees and Applicants.--
            ``(1) Employees.--A pound that releases a dog or cat to a 
        research facility or Federal research facility shall--
                    ``(A) require that every employee (whether paid or 
                unpaid) sign a form attesting--
                            ``(i) that the employee has not been 
                        convicted of a crime relating to animal theft 
                        or cruelty to animals; and
                            ``(ii) that the employee understands that 
                        if the pound discovers that the employee has 
                        been convicted of a crime relating to animal 
                        theft or cruelty to animals, the employee will 
                        be immediately dismissed from employment;
                    ``(B) terminate the employment of any such employee 
                whom the pound discovers has been convicted of a crime 
                relating to animal theft or cruelty to animals;
                    ``(C) train each such employee in the 
                identification of the breeds of dogs and cats and in 
                basic procedures for the maintenance of health and 
                hygiene of dogs and cats; and
                    ``(D) require that every such employee pass a test, 
                which shall be developed by the Department of 
                Agriculture, in the identification of breeds of dogs 
                and cats and in basic procedures for the maintenance of 
                health and hygiene of dogs and cats.
            ``(2) Applicants.--Before hiring an applicant for a 
        position with the pound, a pound that releases a dog or cat to 
        a research facility or Federal research facility shall--
                    ``(A) require that the applicant sign a form 
                attesting--
                            ``(i) that the applicant has not been 
                        convicted of a crime relating to animal theft 
                        or cruelty to animals; and
                            ``(ii) that the applicant understands that 
                        if the pound discovers that the employee or 
                        applicant has been convicted of a crime 
                        relating to animal theft or cruelty to animals, 
                        the applicant will be immediately disqualified 
                        from employment; and
                    ``(B) deny employment to any such applicant whom 
                the pound discovers has been convicted of a crime 
                relating to animal theft or cruelty to animals.
    ``(c) Fine.--In addition to any penalty under section 28, the 
Secretary shall impose a minimum fine of $1,000 on any person who 
violates this section, for each such violation.''.

SEC. 6. REGISTRATION REQUIREMENT.

    Section 6 of the Animal Welfare Act (7 U.S.C. 2136) is amended by 
inserting ``every pound that provides a dog or cat to a research 
facility or Federal research facility,'' after ``research facility,''.

SEC. 7. HOLDING PERIOD.

    Section 28(a)(1) the Animal Welfare Act (7 U.S.C. 2158(a)(1)) is 
amended--
            (1) by striking ``five days'' and inserting ``10 days 
        (excluding the day such dog or cat is acquired and any day such 
        entity is not open to the public)''; and
            (2) by inserting ``or provides such dog or cat to a 
        research facility or Federal research facility'' after 
        ``dealer''.

SEC. 8. SIGNED RELEASE FORM REQUIREMENT.

    (a) In General.--Section 28(b)(2)(D) of the Animal Welfare Act (7 
U.S.C. 2158(b)(2)(D)) is amended to read as follows:
                    ``(D) the name and address of the entity from which 
                the dealer or pound acquired the dog or cat, and a 
                separate, standard release form which--
                            ``(i) is issued by the Department of 
                        Agriculture;
                            ``(ii) states in print, set in 12-point 
                        type or larger, that the dog or cat may be used 
                        for research or educational purposes; and
                            ``(iii) is signed by the person or entity 
                        releasing the dog or cat;''.
    (b) Exception for Dogs and Cats To Be Adopted or Euthanized.--
Section 28(b) of such Act (7 U.S.C. 2158(b)) is amended by 
redesignating paragraphs (3), (4), and (5) as paragraphs (4), (5), and 
(6), respectively, and by inserting after paragraph (2) the following:
            ``(3) Permitted treatment of a dog or cat for which a pound 
        does not provide the required release form.--Paragraph (2)(D) 
        shall not apply to the release of a random source dog or cat 
        for adoption or humane euthanization.''.

SEC. 9. VERIFICATION OF IDENTITY OF PERSON RELINQUISHING A DOG OR CAT.

    Section 28(b)(4) of the Animal Welfare Act (7 U.S.C. 2158(b)(4)), 
as so redesignated by section 8(b) of this Act, is amended--
            (1) by inserting after ``Records.--'' the following:
                     ``(A) Certification.--'';
            (2) by indenting the 2 sentences beginning with ``The'' 2 
        ems to the right; and
            (3) by adding at the end the following:
                    ``(B) Verification of identity of person releasing 
                a dog or cat.--A pound may not release a dog or cat to 
                a research facility or Federal research facility 
                unless, when the dog or cat was released to the pound--
                            ``(i) the person who so released the dog or 
                        cat presented to the pound a rabies certificate 
                        or veterinary record for the dog or cat; and
                            ``(ii) the pound verified that the name 
                        appearing on the form of identification 
                        presented by the person and the name of the 
                        owner of the dog or cat on the rabies 
                        certificate or veterinary record matched.''.

SEC. 10. IDENTIFYING PHOTOGRAPH REQUIREMENT.

    Section 28(b)(2)(C) of the Animal Welfare Act (7 U.S.C. 
2158(b)(2)(C)) is amended--
            (1) by striking ``and'' at the end of clause (iv); and
            (2) by redesignating clause (v) as clause (vi) and 
        inserting after clause (iv) the following:
                    ``(v) 1 or more color photographs of the dog or 
                cat, clearly showing the face of the dog or cat and any 
                distinguishing markings; and''.

SEC. 11. CERTIFICATION REQUIREMENT FOR POUNDS.

    Section 28 of the Animal Welfare Act (7 U.S.C. 2158) is amended--
            (1) in subsections (b)(1), (b)(2)(A), (b)(4) (as so 
        redesignated by section 8(b) of this Act), and (c)(2), by 
        inserting ``or pound'' after ``dealer'' each place such term 
        appears; and
            (2) in subsection (b)(2)(F), by striking ``or shelter''.

SEC. 12. PROHIBITION AGAINST TRANSFER OF DOGS OR CATS BETWEEN POUNDS.

    Section 28(b)(5) of the Animal Welfare Act (7 U.S.C. 2158(b)(5)), 
as so redesignated by section 8(b) of this Act, is amended--
            (1) by inserting after ``Transfers.--'' the following:
                    ``(A) Transfers between research facilities.--'';
            (2) by indenting the sentence beginning with ``In'' 2 ems 
        to the right; and
            (3) by adding at the end the following:
                    ``(B) Transfers between pounds.--A pound may not 
                release a dog or cat to another pound that allows the 
                release of a dog or cat to a research facility or 
                Federal research facility.''.

SEC. 13. POUND EMPLOYEES TREATED AS AGENTS.

    Section 9 of the Animal Welfare Act (7 U.S.C. 2139) is amended--
            (1) by inserting ``or a pound,'' after ``an intermediate 
        handler,''; and
            (2) by inserting ``pound,'' after ``, intermediate 
        handler,''.

SEC. 14. PENALTIES FOR CERTAIN VIOLATIONS.

    Section 28(c)(2) of the Animal Welfare Act (7 U.S.C. 2158(c)(2)) is 
amended by striking ``subject to a fine of'' and inserting ``imprisoned 
for 6 months and fined''.

SEC. 15. INJUNCTIONS AGAINST POUNDS.

    Section 29 of the Animal Welfare Act (7 U.S.C. 2159) is amended by 
inserting ``pound,'' after ``exhibitor,'' each place such term appears.

SEC. 16. RELATIONSHIP TO STATE LAW.

    The Animal Welfare Act (7 U.S.C. 2131-2159) is amended by adding 
after section 30, as added by section 5 of this Act, the following:

``SEC. 31. RELATIONSHIP TO STATE LAW.

    ``This Act shall not be construed to supersede any State law or 
local ordinance that prohibits a pound from selling, donating, or 
offering a dog or cat to a research facility or Federal research 
facility.''.

SEC. 17. EFFECTIVE DATE.

    The amendments made by this Act shall take effect 1 year after the 
date of the enactment of this Act.
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