[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1042 Introduced in House (IH)]

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116th CONGRESS
  1st Session
                                H. R. 1042

To amend the Animal Welfare Act to require that covered persons develop 
               and implement emergency contingency plans.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 7, 2019

 Ms. Titus (for herself, Mr. King of New York, Miss Rice of New York, 
 Mr. Fitzpatrick, Ms. Jayapal, Ms. Norton, Mr. Welch, Mr. Sean Patrick 
Maloney of New York, Ms. Wilson of Florida, Mr. Blumenauer, Mr. Crist, 
     Mr. Pascrell, Mr. Suozzi, Mr. Kilmer, Mr. Katko, Mr. Smith of 
 Washington, Mr. Langevin, Mr. Cardenas, Mr. Grijalva, Mr. Schiff, Ms. 
  Wasserman Schultz, Mr. Quigley, Mr. Buchanan, Ms. Jackson Lee, Ms. 
 Wild, Mr. Ted Lieu of California, Mr. Green of Texas, Mr. Himes, Ms. 
  Roybal-Allard, Mr. Lawson of Florida, Mr. McGovern, Mr. Pocan, Ms. 
  Kuster of New Hampshire, Mr. Deutch, Mr. Hastings, and Mr. Neguse) 
 introduced the following bill; which was referred to the Committee on 
                              Agriculture

_______________________________________________________________________

                                 A BILL


 
To amend the Animal Welfare Act to require that covered persons develop 
               and implement emergency contingency plans.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Providing Responsible Emergency 
Plans for Animals at Risk of Emerging Disasters Act'' or the ``PREPARED 
Act''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) Recent natural and man-made disasters have highlighted 
        the need for planning to minimize the impact of disasters.
            (2) Lack of preparedness in times of disaster can have 
        especially devastating effects on animals and the people who 
        risk their lives to protect them.
            (3) Local first-responders, nongovernmental agencies, and 
        private individuals most often shoulder the cost and 
        responsibility of animals affected by disasters.
            (4) It is reasonable to ask those who use animals 
        commercially to demonstrate a level of readiness to protect the 
        animals under their care.

SEC. 3. REQUIREMENT THAT COVERED ENTITIES DEVELOP AND IMPLEMENT 
              EMERGENCY CONTINGENCY PLANS.

    (a) In General.--The Animal Welfare Act (7 U.S.C. 2131 et seq.) is 
amended by adding at the end the following:

``SEC. 30. ANIMAL EMERGENCY PLANNING.

    ``(a) Covered Person.--For purposes of this section, the term 
`covered person' means a research facility, dealer, exhibitor, 
intermediate handler, carrier, or Federal research facility.
    ``(b) Contingency Plan.--Each covered person shall develop, 
document, and follow a contingency plan to provide for the humane 
handling, treatment, transportation, housing, and care of its animals 
in the event of an emergency or disaster. Such a contingency plan 
shall--
            ``(1) identify situations that the covered person might 
        experience, including natural disasters and emergencies such as 
        electrical outages, faulty HVAC systems, fires, mechanical 
        breakdowns, and animal escapes, that would trigger the need for 
        the measures identified in the contingency plan to be put into 
        action;
            ``(2) outline specific tasks to be carried out in response 
        to the identified emergencies or disasters, including detailed 
        animal evacuation or shelter-in-place instructions and 
        provisions for providing backup sources of food and water as 
        well as sanitation, ventilation, bedding, and veterinary care;
            ``(3) establish a chain of command and identify the 
        individuals responsible for fulfilling the tasks described in 
        paragraph (2); and
            ``(4) address how response and recovery will be handled in 
        terms of materials, resources, and training needed.
    ``(c) Annual Review.--Each covered person shall--
            ``(1) review its contingency plan on at least an annual 
        basis to ensure that it adequately addresses the criteria 
        described in subsection (b); and
            ``(2) maintain documentation of the annual reviews and any 
        amendments or changes made to its contingency plan since the 
        previous year's review.
    ``(d) Training.--Each covered person shall--
            ``(1) train its personnel in their roles and 
        responsibilities as outlined in the contingency plan;
            ``(2) communicate any changes in the contingency plan to 
        personnel through training within 30 days after making the 
        changes; and
            ``(3) maintain documentation of its personnel's 
        participation in and successful completion of the training 
        required by this subsection.
    ``(e) Availability of Documentation.--
            ``(1) In general.--Each covered person shall submit its 
        contingency plan, as well as any documentation described in 
        subsections (c)(2) and (d)(3), to the Secretary annually.
            ``(2) While traveling.--A covered person engaged in travel 
        must carry a copy of its contingency plan with it at all times 
        and make it available for inspection by the Secretary while in 
        travel status.''.
    (b) Regulations.--
            (1) Not later than 30 days after the date of enactment of 
        this Act, the Secretary of Agriculture of the United States 
        shall promulgate such regulations as the Secretary determines 
        to be necessary to carry out section 30 of the Animal Welfare 
        Act, as added by subsection (a) of this Act.
            (2) The regulations described in paragraph (1) shall be 
        made without regard to the rulemaking procedures under section 
        553 of title 5, United States Code.
    (c) No Preemption.--Nothing in this Act or the amendments made by 
this Act preempts any law (including a regulation) of a State, or a 
political subdivision of a State, containing requirements that provide 
equivalent or greater protection for animals than the requirements of 
this Act or the amendments made by this Act.
    (d) Effective Date.--The amendments made by subsection (a) shall 
apply to covered persons (as defined in such subsection) beginning on 
the date that is 30 days after the date of enactment of this Act.
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