[Senate Hearing 109-338]
[From the U.S. Government Publishing Office]



                                                        S. Hrg. 109-338

               PET AMIMAL WELFARE STATUTE OF 2005 (PAWS)

=======================================================================

                                HEARING

                               before the

      SUBCOMMITTEE ON RESEARCH, NUTRITION, AND GENERAL LEGISLATION

                                 of the

                       COMMITTEE ON AGRICULTURE,
                        NUTRITION, AND FORESTRY

                          UNITED STATES SENATE


                       ONE HUNDRED NINTH CONGRESS

                             FIRST SESSION


                               __________

                            NOVEMBER 8, 2005

                               __________

                       Printed for the use of the
           Committee on Agriculture, Nutrition, and Forestry



              
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           COMMITTEE ON AGRICULTURE, NUTRITION, AND FORESTRY



                   SAXBY CHAMBLISS, Georgia, Chairman

RICHARD G. LUGAR, Indiana            TOM HARKIN, Iowa
THAD COCHRAN, Mississippi            PATRICK J. LEAHY, Vermont
MITCH McCONNELL, Kentucky            KENT CONRAD, North Dakota
PAT ROBERTS, Kansas                  MAX BAUCUS, Montana
JAMES M. TALENT, Missouri            BLANCHE L. LINCOLN, Arkansas
CRAIG THOMAS, Wyoming                DEBBIE A. STABENOW, Michigan
RICK SANTORUM, Pennsylvania          E. BENJAMIN NELSON, Nebraska
NORM COLEMAN, Minnesota              MARK DAYTON, Minnesota
MICHEAL D. CRAPO, Idaho              KEN SALAZAR, Colorado
CHARLES E. GRASSLEY, Iowa

            Martha Scott Poindexter, Majority Staff Director

                David L. Johnson, Majority Chief Counsel

              Steven Meeks, Majority Legislative Director

                      Robert E. Sturm, Chief Clerk

                Mark Halverson, Minority Staff Director

                                  (ii)




                            C O N T E N T S

                              ----------                              
                                                                   Page

Hearing(s):

Pet Animal Welfare Statute of 2005 (PAWS)........................    01

                              ----------                              

                       Tuesday, November 8, 2005
                    STATEMENTS PRESENTED BY SENATORS

Santorum, Hon. Rick, a U.S. Senator from Pennsylvania, Chairman, 
  Subcommittee on Research, Nutrition, and General Legislation...    01
                              ----------                              

                               WITNESSES

Amundson, Sara, Legislative Director, Doris Day Animal League....    20
Childers, Henry, President, American Veterinary Medical 
  Association....................................................    08
Hoffman, John E., Dog Fancier and Lawyer.........................    10
Maddox, Michael, Legislative Director, Pet Industry Joint 
  Advisory Council...............................................    11
Menaker, Ron, Chairman, American Kennel Club.....................    07
Pacelle, Wayne, President and Chief Executive Officer, the Humane 
  Society of the United States...................................    17
Worley, Norma, Director, Animal Welfare Program, Maine Department 
  of Agriculture.................................................    22
                              ----------                              

                                APPENDIX

Prepared Statements:
    Stabenow, Hon. Debbie and Durbin, Hon. Richard...............    26
    Amundson, Sara...............................................    29
    Childers, Henry..............................................    80
    Howard, Deborah A............................................    86
    Liss, Cathy..................................................    89
    Hoffman, John E..............................................    93
    Maddox, Michael..............................................   104
    Menaker, Ron.................................................   107
    Pacelle, Wayne...............................................   110
    Worley, Norma................................................   123
Document(s) Submitted for the Record:
    Letters of support for PAWS..................................   128
    Letters of opposition towards PAWS...........................   129


 
               PET ANIMAL WELFARE STATUTE OF 2005 (PAWS)

                              ----------                              


                       TUESDAY, NOVEMBER 8, 2005

                              United States Senate,
          Subcommittee on Research, Nutrition, and General 
Legislation, of the Committee on Agriculture, Nutrition and 
                                                  Forestry,
                                                     Washington, DC
    The subcommittee met, pursuant to notice, at 2:31 p.m., in 
Room SD-G-50, Dirksen Senate Office Building, Hon. Rick 
Santorum (chairman of the subcommittee) presiding.
    Present: Senator Santorum.

     STATEMENT OF HON. RICK SANTORUM, A U.S. SENATOR FROM 
 PENNSYLVANIA, CHAIRMAN, SUBCOMMITTEE ON RESEARCH, NUTRITION, 
   AND GENERAL LEGISLATION, OF THE COMMITTEE ON AGRICULTURE, 
                     NUTRITION AND FORESTRY

    Senator Santorum. I will hit that a little harder next 
time.
    Thank you all for being here. Let me welcome everybody to 
this hearing and thank all of you in attendance and 
particularly our witnesses for being here. The committee will 
come to order, and we just want to again thank everyone.
    Over the past several years, since the original piece of 
legislation that was focused on revising the Animal Welfare Act 
to deal with changes in the buying and selling of animals, of 
dogs and cats in particular. It came to the farm bill and was 
stripped out of conference. I have been working with a variety 
of different groups, many of whom are represented here today, 
to try to get at a serious problem that exists that we will 
hear described in more detail today.
    This has been a work in progress, and if there is one 
message that I want to leave with people who are here today is 
that it continues to be a work in progress. One of the reasons 
I wanted to hold this hearing is because we have seen, I even 
noticed in the paper today, in the Roll Call today, there is an 
effort out there on the Internet and other places to put out 
misconceptions about what this legislation does, and it is 
important to get on the record not only what this legislation 
does but those who are in support of this legislation, what our 
intent is, so we can continue to work together to work on the 
problems that we confront.
    And those problems are serious. They are as a result of the 
changing economic situation with respect to the selling of dogs 
and cats and in particular with the advent of the Internet, the 
advent of sales from overseas into this country, the direct 
marketing of those animals by Internet businesses and others. 
It is important for us to make sure that animals are treated 
humanely and that we, in fact, have proper consumer 
protections. These are animals that are in most cases, not in 
all, but in most cases are going to be in the homes and 
interacting with people, and we want to make sure that these 
animals are, in fact, healthy and, in fact, what people are 
paying for and not something that is going to cause not only an 
economic harm for people but, as we all know, those of us who 
are dog owners and cat owners, emotional harm to individuals.
    I strongly believe that this legislation is important. I 
also strongly believe that we can arrive at a bill that will 
bring people together who in many cases have not worked 
together on issues because of the important problem that we are 
facing. And again, I want to reiterate, I want to thank all of 
the groups that are here today, our first panel and our second 
panel.
    Working very closely with us, we have been able to make 
some major changes just in the last several months since we put 
forth the PAWS legislation that has gotten so much attention, 
we have worked with the pet stores who I know are represented 
here today--that is PIJAC as well as the AKC and other 
organizations who have expressed concern about various 
provisions of this legislation, the Veterinary Medical 
Association, all have expressed concern, have come to my 
office, and we have worked to try to sort through those. We 
will have a discussion about some of those, but candidly, we 
may not even discuss and bring up some of them, because they 
are issues that are now resolved.
    My hope is that as a result of this hearing and the 
discussions that we have had leading up to this hearing that I 
can put out a discussion draft in the coming weeks so we can 
get further feedback and input from the public, those who are 
interested to make sure that we are all headed in the right 
direction, which is a good piece of consumer protection 
legislation as well as a strong animal welfare piece at the 
same time.
    With that, I just, again, want to reiterate that it is my 
intention to work together to have all the responsible groups 
represented here today and others to be on the same page to 
make sure that this legislation is adopted. I have no 
intention, and I know, and I will ask, I have no intention of 
putting folks like me who have a dog and have bred a dog under 
Federal Government control, I have no intention of, and I think 
the people here have no intention of making sure that folks are 
hobby breeders or show breeders or fanciers or the like who do 
not breed lots of dogs and have lots of litters as defined in 
the bill; we are very clear about that, that we are talking 
about folks who are in large, in a sense, if you will, of 
production of dogs and cats for sale.
    These are the folks that we are looking at. These are the 
folks who are, in many cases, already covered under the Animal 
Welfare Act. We want to make sure that that act, which was 
written a long time ago with terms that no longer apply has a 
modern interpretation and one that we will have consensus on.
    So I again appreciate--I cannot tell you how much work has 
gone into it by the organizations represented here today to 
find common ground. We will continue to search for that common 
ground, and I am hopeful that we will have a strong piece of 
legislation that deals with the problems that we confront.
    Senator Santorum. With that, let me introduce our first 
panel. We have Ron Menaker, who is the chairman of the American 
Kennel Club. He is with us today; Dr. Henry Childers, who is 
the president of the American Veterinary Medical Association; 
Mr. John Hoffman, who is a dog fancier; and Mr. Michael Maddox, 
who is the legislative director of PIJAC, which is the Pet 
Industry Joint Advisory Council.
    Let me go first to you, Mr. Menaker, and Mr. Menaker is the 
Chairman of the Board of the American Kennel Club. He is from 
New York, and I want to in particular thank you for the various 
meetings that we have had over the past few months and the 
amount of time and effort that you and the AKC have spent in 
making sure that this legislation will have the kind of broad 
support that is needed to address the problems that we have and 
be able to be successfully passed here in the United States 
Senate and signed into law.
    Mr. Menaker.

    STATEMENT OF RON MENAKER, CHAIRMAN, AMERICAN KENNEL CLUB

    Mr. Menaker. Thank you, Mr. Chairman. I am the Chairman of 
Board of the American Kennel Club. The AKC is the largest and 
only significant not-for-profit dog registry and sanctioning 
body for competitive dog events in the United States. We 
register nearly 1 million pure-bred dogs and over 400,000 
litters of pure-bred puppies every year.
    Almost 17,000 competitive dog events are held nationally 
each year under AKC rules attracting more than 2.5 million 
entries. I cite these statistics to emphasize the importance of 
the sport of pure-bred dogs. Selling puppies is a business for 
some, but for many Americans who breed and raise pure-bred dogs 
it is a hobby, a family sport and a labor of love.
    The AKC was founded in this spirit 121 years ago, and this 
passion is still alive today. The AKC, however, also provides 
registration services to all dog breeders who meet our 
standards, including mandatory inspections of high volume 
breeders, dog identification and recordkeeping, care and 
condition standards for dogs and kennels, and DNA testing to 
check parentage of litters. This year, we are on target to 
conduct approximately 5,000 kennel inspections.
    The AKC encourages puppy buyers to buy from responsible 
resources. We believe the vast majority of high volume breeders 
as well as smaller breeding establishments do a conscientious 
job of breeding and raising quality puppies and care 
passionately about their animals. However, we also know from 
our first-hand experience in the field that in spite of our 
efforts and the efforts of the USDA, there are still 
significant problems that need to be addressed for the sake of 
both the dogs and the pet-buying public.
    Some of these are deficiencies in the Animal Welfare Act 
and some result from changes in the marketplace and marketing 
techniques for dogs that have occurred in the 30 years since 
the act was extended to dog dealers. That is why we are pleased 
that you have focused your attention and the attention of 
Congress on the need to strengthen the act.
    We are pleased to be working with you in this effort. As 
you know, we did not support your previous legislation intended 
to address the problems of so-called puppy mills, because we 
felt that Federal regulation of practices for breeding and 
socialization of puppies was the wrong approach. However, PAWS 
takes a different approach. It gives the USDA access to source 
records of persons who acquire dogs for resale, provides a more 
efficient time frame for dealing with violators who have been 
suspended, and gives the USDA authority to close down egregious 
violators.
    These are essential tools for the USDA to effectively 
enforce the Act. We do not expect the USDA to have to use these 
tools often, but the fact that the USDA has these tools will 
create an incentive for persons to obtain licenses and quickly 
correct violations. We also know from the AKC's own experience 
that the time has come to bring under regulation high volume 
breeders and brokers who sell at retail or who import puppies 
in volume for resale. However, it is also essential that we 
maintain the sport and hobby of pure-bred dog breeding and 
exhibiting as it is today, a sport regulated by our own 
rigorous compliance requirements.
    PAWS should focus the Federal Government's regulatory 
resources on realistic targets and goals. We appreciate the 
dealer provisions of PAWS as you have clarified them. We 
especially appreciate the addition of the provision that will 
exempt retailers based on kennel inspection standards of not-
for-profit organizations certified by the Secretary of 
Agriculture. This will focus enforcement on the high volume 
retail breeders and importers whom it is appropriate to 
regulate without imposing Federal regulation on hobby and show 
breeders.
    Mr. Chairman, we thank you for your hard work and 
leadership on this important issue. We thank you for your 
flexibility and openness to new approaches. We look forward to 
continuing to work with you to develop and secure legislation 
that will be good for all of our beloved dogs.
    Thank you very much.
    [The prepared statement of Mr. Menaker can be found in the 
appendix on page 107.]
    Senator Santorum. Thank you very much, Mr. Menaker.
    Dr. Childers, thank you for being here.

  STATEMENT OF HENRY CHILDERS, PRESIDENT, AMERICAN VETERINARY 
                      MEDICAL ASSOCIATION

    Mr. Childers. Thank you, Mr. Chairman and Members of the 
subcommittee for giving the American Veterinary Medical 
Association the opportunity to speak in support of the Pet 
Animal Welfare Statute. I am Dr. Henry Childers, President of 
the AVMA and a companion animal practitioner from Rhode Island. 
The AVMA represents 73,000 veterinarians. Fifty-five percent of 
us are companion animal practitioners who commit our expertise 
and energy to ensuring the wellbeing of the nation's pets.
    Unfortunately, veterinarians are regularly confronted with 
pets that suffer the ill effects of irresponsible breeding and 
inappropriate transport over long distances. Animal suffering 
compounds human suffering when heartache and financial burdens 
are thrust upon pet owners who have purchased these unfortunate 
animals.
    Large scale puppy and kitten dealers who escape regulation 
under the current Animal Welfare Act are a significant source 
of these problems. Overbreeding, inbreeding, inadequate 
veterinary care, poor quality food and shelter, overcrowding, 
poor socialization and stress due to prolonged transport are 
the hallmarks of these operations. These operations escape 
regulation because they sell directly to the public, either 
from their facilities or by way of the Internet, and are 
therefore classified as retail pet stores.
    Retail pet stores are not required to be licensed under the 
Animal Welfare Act. As veterinarians, we see the shortened life 
expectancies and the years of impaired function that the 
affected pets must endure. Sometimes, when our most valued 
efforts cannot resolve the problem, families must be forced to 
make yet another difficult decision, euthanasia.
    The burdens created by irresponsible breeders who escape 
regulation are not limited to those affecting the pet and its 
family. When owners can no longer care for their pets and 
cannot bear the idea of euthanasia, they often surrender their 
pets to animal shelters. Whether these animal shelters are 
publicly supported or privately supported, the cost of caring 
for these animals is now borne by the community.
    The high volume breeders and importers that this statute 
will affect have profit as their only goal. They do not care if 
the animals they deliver are healthy. They do not care what 
effect this will have on the purchasers or the shelters. To 
date, they have been excepted from the law. The AVMA believes 
this must be corrected. Congress has the power to do that. 
Passing the Pet Animal Welfare Statute will provide USDA with 
the tools it needs to bring these high volume breeders and 
importers under a mandate that requires a viable health plan 
for their animals and holds them accountable when their efforts 
do not meet the standards.
    The AVMA has a strong professional and public education 
presence. Veterinarians possess up-to-date and scientifically 
rigorous information about animal health care and welfare which 
they pass along to their clients on a daily basis. These 
clients include breeders, pet owners, and an increasing number 
of prospective pet owners who are seeking the advice of a 
veterinarian.
    Ensuring pet welfare is at the heart of what we do. 
Ensuring the welfare of the American public is at the heart of 
what you do. Together, we can help ensure that America's pet 
owners and pets are afforded the protection they deserve. The 
Pet Animal Welfare Statute is an important step in the right 
direction. While we have included comments in our written 
testimony that we urge the subcommittee to consider, the AVMA 
appreciates the opportunity to publicly express our support for 
this legislation.
    I thank you very much.
    [The prepared statement of Mr. Childers can be found in the 
appendix on page 80.]
    Senator Santorum. Thank you very much Dr. Childers.
    Mr. Hoffman.

      STATEMENT OF JOHN E. HOFFMAN, DOG FANCIER AND LAWYER

    Mr. Hoffman. Thank you, Mr. Chairman.
    Senator Santorum. If you can pull the microphone up so 
people--thank you.
    Mr. Hoffman. I am a business litigation lawyer, the owner 
of three miniature schnauzers, and an occasional dog breeder 
and exhibitor. I own dogs for the same reason most people do. 
They are wonderful companions. Over the years, I have provided 
pro bono legal services to dog clubs and rescue organizations. 
A year ago, the French Bulldog Rescue Network asked me to help 
Willa Bagwell, the humane officer for Lake Elsinore, 
California. An importer there was selling sick and dying 
puppies from Eastern Europe. Many buyers were incurring huge 
veterinary fees within a week after buying the puppies. Some 
puppies were dying despite the veterinarians' best efforts.
    After months of work, we were able to have the bankruptcy 
court bar the importer from buying and selling puppies while 
she pays off her creditors but only because she foolishly filed 
for bankruptcy. If she had not done so, she would probably 
still be in business.
    When I began investigating the scope of the commercial 
puppy importing business, I found dozens of kennels advertising 
imported Bulldog and French Bulldog puppies on their own 
Websites and also on Websites containing classified ads for 
puppies. Some importers sell through newspaper ads. Some sell 
through pet shops. Some do not disclose before sale that they 
are selling imported puppies. Most of them began as domestic 
breeders. Many continue to breed domestically as well as 
importing. It just depends which costs less.
    Exporters abroad gather puppies from breeders in rural 
areas, ship them by truck or rail to the capital cities, from 
where they are shipped by air to the U.S. and then by car or 
truck to the importer's place of business. Many puppies die en 
route. Many more die shortly after arrival. Dead puppies are 
just a cost of business, acceptable so long as the cost of 
importing remains less than the cost of breeding puppies here.
    Imported puppies are not cheap. Many are sold for $1,800 
and up, as shown by the enlarged ad to my right for Sasha and 
Whitney. Puppies of many breeds are being imported. We also 
have an enlargement of one page of the many pages on the 
Europuppy Website showing different breeds for sale.
    Based on the number of puppies the Lake Elsinore importer 
was selling, the number of importers selling over the Internet 
and the number of puppies arriving monthly through the Los 
Angeles Airport, it is clear that at least 10,000 puppies a 
year are being into the U.S. and probably many more than that.
    Unfortunately, State and local regulation is not enforced. 
Local prosecutors are busy. Enforcement of animal protection 
laws tends to be a low priority, particularly when most of the 
injured buyers live outside of the jurisdiction, as is commonly 
the case with Internet sellers. Thus, humane officers can 
rarely persuade State and local prosecutors to act. That is 
true whether the offenses involve imported or domestically bred 
puppies.
    Federal law at present is no more helpful. The Animal 
Welfare Act does not cover puppy importers who sell at retail, 
such as through the Internet or newspaper ads. Other Federal 
laws that are applicable to imported puppies are not being 
enforced. The Frenchie Tails ad to my right is an example. It 
openly advertises seven-week-old imported puppies for sale, 
even though Federal law prohibits shipment of puppies younger 
than eight weeks old and prohibits sale of imported puppies 
younger than four months.
    If enacted, PAWS would bring under inspection and 
regulation all puppy importers who import more than 25 puppies 
per year for resale, regardless of how they sell their puppies, 
and thus go a long way toward ending the abuses that are now 
occurring.
    Thank you, Mr. Chairman, Members of the subcommittee, and 
staff members for your hard work on this important issue. 
Please feel free to call upon me if I can be of any assistance 
in that regard.
    [The prepared statement of Mr. Hoffman can be found in the 
appendix on page 93.]
    Senator Santorum. Thank you, Mr. Hoffman.
    Mr. Maddox.

STATEMENT OF MICHAEL MADDOX, LEGISLATIVE DIRECTOR, PET INDUSTRY 
                     JOINT ADVISORY COUNCIL

    Mr. Maddox. Thank you, Mr. Chairman.
    We appreciate the opportunity to offer you our views. The 
Pet Industry Joint Advisory Council is the largest pet trade 
association in the world, representing every segment of the pet 
industry. PIJAC works to ensure that members of the commercial 
trade observe high standards in the care of pet animals. We 
have been involved with the Animal Welfare Act for more than 
three decades and have worked tirelessly with APHIS to maximize 
effective administration of the act.
    We believe proper enforcement of AWA standards brings about 
mutual benefit for the pet industry, the pet-owning public and 
the animals themselves. We have witnessed first hand these 
benefits over the years and are intent on taking whatever 
efforts we may to perpetuate the good work of USDA.
    Congress has historically recognized the need for a 
functional regulatory framework that targets those persons in 
the pet trade escaping public and regulatory oversight. From 
its inception, the AWA has explicitly exempted retailers that 
are subject to broad public exposure and are frequently 
regulated at the State and local level. PIJAC joins with you, 
Mr. Chairman in acknowledging that the rationale for exempting 
pet stores is as valid today as it has always been. In fact, as 
this subcommittee considers bringing under the act potentially 
thousands of additional licensees that will vie for APHIS' 
regulatory and inspection resources, it is important that we do 
not overburden the agency with a mandate for persons that are 
not in need of Federal regulation.
    We would like to raise, Mr. Chairman, some concerns we have 
with the introduced bill, recognizing that amendments may be 
addressing these concerns. As noted by your other witnesses 
today, advocates of PAWS point to large scale breeding 
operations and Internet sales of dogs as recent trends escaping 
oversight. This bill would regulate individuals but would also 
have the effect of capturing the very pet stores intended to be 
subject to the AWA's pet store exemption. Other provisions 
would go so far as to mandate licensure of persons who sell 
even a single pet animal.
    PAWS' deletion of the longstanding de minimis exemption for 
noncommercial breeders would mean every person selling even a 
single animal other than a dog or cat has to be licensed. PIJAC 
feels certain that the Congress does not wish to subject a 10-
year-old child to Federal licensure for selling a couple baby 
hamsters.
    We also note that a dollar does not buy what it did in 
1970, Mr. Chairman. This de minimis exemption established 30 
years ago and yet to be amended should be retained in the Act 
with a revised statutory dollar amount representing inflation 
over that time span. One significant objective of this 
legislation is to ensure regulation of those who import dogs 
for resale in the U.S. However, in regulating retailers, this 
provision would not distinguish between those who import and 
sell dogs themselves, such as those selling over the Internet, 
and bona fide pet stores who buy puppies from a Class B-
licensed dealer.
    The new retail pet store definition is meant to ensure 
regulation of persons not viewed as traditional pet stores. 
Unfortunately, Mr. Chairman, it contains exclusions that would 
encompass the very businesses to which the pet store exemption 
is meant to apply; for example, the provision excluding animals 
bred for sale to the public is aimed at those who breed and 
sell dogs and cats directly to the public, not pet stores who 
happen to carry hamsters, gerbils, or guinea pigs not 
deliberately bred by the pet store.
    The exclusion for hunting, breeding, and security dogs is 
meant to ensure commercial breeders do not escape regulation 
but as crafted in the original legislation would have the 
effect of regulating pet stores. This turns the clause on its 
head. Finally, the exclusion for wild animals relies on a term 
that encompasses many common, domesticated pet animals normally 
sold at pet stores. The exclusion would have the anomalous 
result of extending licensure to the very pet stores 
specifically intended for exemption.
    This brings us to the source record provision, Mr. 
Chairman. The language would require keeping information that 
pet dealers have no authority to obtain in the first place. A 
more effective provision would require keeping USDA license 
numbers, thereby allowing USDA to target unlicensed dealers. 
Two additional enforcement provisions that will substantially 
aid APHIS are found in Sections 4 and 5. The temporary 
suspension period extension clause gives USDA authority in less 
frequent but more urgent cases. Of even greater importance, the 
provision creating authority to enjoin unlicensed dealers who 
are ignoring their obligation to meet legal standards.
    The injunctive authority under PAWS would add a powerful 
enforcement tool to permit the agency to go after people who 
are often the most egregious violators. PIJAC endorses these 
provisions unchanged and feels they would go far in 
facilitating USDA's effective enforcement of the act.
    We must acknowledge as you have already noted, Mr. 
Chairman, that recent efforts with your staff and proponents of 
PAWS have yielded suggested amendments that would address 
concerns that we have raised here today. We are optimistic that 
such amendments can correct the unintended consequences that 
would result in compromising USDA enforcement efforts while 
preserving important sections of this bill that promote more 
effective enforcement.
    We appreciate your willingness to consider the pet 
industry's concerns, Mr. Chairman, and thank the subcommittee 
for entertaining our comments today.
    [The prepared statement of Mr. Maddox can be found in the 
appendix on page 104.]
    Senator Santorum. Thank you very much, Mr. Maddox. I 
appreciate it.
    We have two votes that started at 2:45, and so, since it is 
almost 3:00, and we have 15 minute votes, that means I have to 
run. And there will be back to back votes, so I will be back 
hopefully in the next 15 or so minutes, and we will resume with 
questions for this panel, and I apologize for the interruption.
    We are recessed. Thank you.
    [Recess.]
    Senator Santorum. The meeting will come to order. Again, 
let me apologize to all of you for the vagaries of the United 
States Senate and having to do such mundane things as cast 
votes on important amendments to the defense authorization 
bill, but I appreciate your willingness to be patient.
    Let me start out. There are a lot of misconceptions, I 
would say, misconceptions about what this bill is all about, 
and I just want to run through a few of them with this panel. 
We will run through a few more with the second panel. First is 
just maybe Mr. Menaker, you can give me a sense with your 
membership, what percentage of your membership would be 
affected by the PAWS legislation, would apply the Animal 
Welfare Act to what percentage of your membership roughly?
    Mr. Menaker. As it stands today, Senator, I would say less 
than 4 percent.
    Senator Santorum. Less than 4 percent. So 96 percent of 
your members would not be affected at all.
    Mr. Menaker. No differently than they are today.
    Senator Santorum. No differently than they are today. But 
we have heard testimony that this act, you believe, panelists 
would believe, would cover more people, more people would be 
subject to the Animal Welfare Act as a result of this bill. You 
would admit that.
    Mr. Menaker. Absolutely, because with the care and 
conditions and inspections that we conduct annually, we are 
forced when there is noncompliance to suspend and move people 
out of the AKC registry. The problem is they take off to the 
nonregulated registries and continue to function as normal.
    Senator Santorum. Another question was raised about the 
amount of enforcement dollars that APHIS would have, the USDA 
would have to deal with the additional entities that would be 
governed by the Animal Welfare Act. You mentioned something in 
your testimony that we are working toward resolution, and that 
is the idea of having an organization such as yourselves, the 
AKC, provide a certification for standards that would be at 
least as rigorous as the Animal Welfare Act or in exceedence of 
the Animal Welfare Act. Could you give me a sense of how that 
would work or what your suggestion is?
    Mr. Menaker. Senator, what I have said is that we believe 
that our AKC inspections today exceed the USDA inspections. We 
inspect for records and identification purposes. We inspect 
for, you know, looking at IDs via tattoos, microchips, collar 
tags. We do DNA for parentage. Our care and conditions look for 
cleanliness, parasite infestation, safety of the materials the 
breeder uses, and the adequacy of the shelters.
    What I am saying is that when an individual is inspected, a 
kennel, by the American Kennel Club, if they meet these 
rigorous requirements, then the proposal we spoke of would be 
to basically allow an exemption so that the dollars could be 
spent inspecting those facilities and those kennels who today 
are not inspected at all and are under no regulation 
whatsoever.
    Senator Santorum. Does any other panelist have a comment 
about that suggestion? No?
    Mr. Maddox. I would only say, Mr. Chairman, that as noted, 
PIJAC has worked closely with USDA for many years to enhance 
enforcement of the Act, and we certainly, while this act seeks 
to capture people that you feel need to be regulated, we 
certainly would not want to see the ability of USDA to regulate 
all licensees compromised in any way. So certainly, anything 
that you would do to further the inspection capabilities would 
be a positive step.
    Senator Santorum. Targeting the resources to where the 
problem is the most severe.
    Mr. Maddox. Yes, sir.
    Senator Santorum. Some other things have been brought up, 
if anyone would like to comment, someone suggested that the 
PAWS legislation would have a negative impact on sportsmen. 
Does anybody want to make a comment on that, whether you see 
that as a real threat to the sportsmen.
    Mr. Menaker?
    Mr. Menaker. I personally do not see that as a threat. I 
think that most of what I have read is absolutely unfounded. I 
believe that individuals have misunderstood what the 
legislation is intended to do.
    We at the American Kennel Club are proud of the fact that 
we have had standards in place for the past 10 years, actually 
beyond that when it comes to records, for the past 40 years for 
records, and we do not see a problem having standards put in 
place that are equivalent to the standards we already use. 
Unfortunately, given the standards we have put in place, we 
have had to suspend over 2,000 people in the last five years, 
which has caused a reduction in our registrations of about 25 
percent.
    However, we are proud to say that we believe those people 
should not be part of the American Kennel Club's process, 
because their care and conditions and standards are absolutely 
inappropriate. The problem is that they move out to the other 
23 registries that have no regulation at all, so they beat the 
system by moving out.
    Senator Santorum. Other comment?
    Mr. Hoffman. I concur with Mr. Menaker. Anybody who is 
breeding 25 or more dogs or six or more litters, whichever is 
greater, has crossed the threshold from a pure hobby into a 
business and ought to be subject to the kind of regulation most 
businesses are. All the Act requires is inspection and 
compliance with decent treatment standards. That is not too 
much to ask of anybody who is in business.
    Senator Santorum. Another concern that I have read and seen 
on the Internet and other places is that this legislation would 
bring commercial regulatory standards into the home, that USDA 
would do that. Anybody have any fear of that or concern that 
something like that would be required under this act?
    Mr. Menaker. Well, I certainly do not, speaking on behalf 
of the American Kennel Club. As I say, we do it today. We have 
been doing it today. Nothing changes, and I believe it is 
appropriate. Anything we do in life, we have certain standards. 
We have to set standards. We abide by those standards, and we 
penalize or take action. The attempt is to try to change 
behavior and to improve the care and conditions for the 
animals. The attempt is nothing more than that. If the 
individual complies, there is no reason why the individual 
cannot continue to participate. Like everything else in life, 
if the individual does not comply, they should not be allowed 
to continue to do business in a manner that is not appropriate.
    Senator Santorum. Another point I have heard is that state 
laws are sufficient. Any comment on whether there needs to be 
any regulation on the Federal level with respect to this as 
opposed to just allowing state laws to take effect? I think, 
Mr. Hoffman, you commented on that.
    Mr. Hoffman. Yes, I do. The problem is that where the sales 
are outside the local jurisdiction, there is very little 
incentive for a prosecutor with limited resources to devote 
time to them. He is going to spend his time on matters that 
affect his local constituents.
    Furthermore, animal cases tend to be low priority with most 
prosecutorial agencies. You generally see better enforcement in 
the large cities where the animal control agency is a municipal 
agency as opposed to a private organization like an SPCA, 
because they have more influence with the prosecutors; also, in 
a large city, you will often have a particular deputy charged 
with enforcing the animal control laws. He will have some 
experience and is not starting from scratch.
    But when you get outside of the large cities to a smaller 
place like Lake Elsinore, for instance, and having done work 
for other rescues around the country, I am aware it is pretty 
well uniform, it is very difficult to get someone to spend a 
day or two reading up on animal laws and prosecuting these 
things when they have murders, robberies, and all the other 
things that affect their people more directly.
    Senator Santorum. You have laid out in your testimony, Mr. 
Hoffman, some violations of the laws in these Internet sales. 
Are you aware of any work being done by APHIS or USDA under the 
Animal Welfare Act to deal with the problem that you have seen?
    Mr. Hoffman. USDA does prohibit transport of dogs younger 
than eight weeks, and the burden of that initially falls on the 
carriers. But they are dependent on the paperwork. They cannot 
tell how old the animals are. And yet, as you have seen from 
one of the ads, someone is advertising seven week old puppies 
imported from Europe. Obviously, those puppies were transported 
at less than eight weeks of age.
    There are also CDC regulations which prohibit sale of 
puppies less than 30 days after vaccination for rabies at a 
minimum age of three months in most States, four months in 
others, which means that they cannot be sold at less than four 
months or five months of age. There is absolutely zero 
enforcement. The CDC has told me they have no funds for 
enforcement, and all of these importers are advertising younger 
dogs.
    There is not much demand for four and five month old 
puppies, so the puppies are sold as soon as they arrive. For 
the CDC, it is a fairly low priority, because the puppies are 
suffering generally from diseases which are not transmissible 
to humans, and the CDC's concern is mostly with human 
infection.
    Part of PAWS will allow the USDA to enforce regulations of 
other Federal agencies. I think this would go a long way 
towards helping with that situation, because the USDA would 
probably be more motivated to enforce the confinement 
regulations than is the CDC.
    Senator Santorum. Thank you.
    Mr. Maddox, you mentioned some concerns you had. You also 
mentioned that we have been working and trying to address 
those. I guess my question to you is that given where that 
discussion is, do you believe that we have adequately addressed 
the concerns that you have with the original draft with the 
modifications that have been discussed with you?
    Mr. Maddox. Mr. Chairman, I am not certain precisely where 
we have ended up with negotiations, so I want to offer that 
caveat. But I do believe that based on what we have discussed 
and what we have offered in response to that that it does 
appear that you may be addressing pretty much all of PIJAC's 
concerns, in which case, obviously, we would no longer oppose 
the bill in any regard.
    Senator Santorum. I guess you say that you would no longer 
oppose the bill, are there any provisions of the bill that you 
would support, any ones that you would--
    Mr. Maddox. Mr. Chairman, as we noted, we absolutely 
support the enforcement provisions with regard to the extension 
of the suspension period and with regard to the injunctive 
authority of USDA. We believe this will substantially aid the 
agency in their enforcement efforts, and we wholeheartedly 
support those provisions of the bill.
    The one bill with regard to the so-called threshold at 
which you distinguish between commercial and hobby activity is 
a provision, Mr. Chairman, that we really are not taking a 
position on. We do recognize, and I think everybody recognizes, 
that there is some type of activity that is hobby or 
noncommercial in nature, and obviously, there is a great deal 
of activity that is commercial in nature. Where you draw that 
distinction is something that we have not stepped in on, 
primarily because it would not directly affect the commercial 
pet industry. We are already regulated in that regard.
    Our people are already licensed, and it would not expand 
our licensure by this bill. But certainly, by the same token, 
we are not opposing that measure. We simply do not feel that it 
directly impacts our industry, and therefore, we are taking a 
neutral stance on that particular provision, Mr. Chairman.
    Senator Santorum. Do you feel that your industry has been 
affected or harmed by this change in the industry with respect 
to sales of animals?
    Mr. Maddox. Well, Mr. Chairman, we certainly, as noted, we 
endorse effective enforcement of the act. We believe that is in 
the best interests of the public, of the pets, and of the 
commercial pet industry. We believe that those persons who fail 
to meet requirements of law should not be in the industry, and 
we are pleased to see them either brought up to standards or 
put out of business.
    I do not know, and I do not think anybody knows, the degree 
to which the import and Internet sale of dogs is occurring. So 
I cannot address, you know, I cannot address the degree to 
which that might be affected the pet trade. But certainly, as I 
said, persons who should be licensed and should be observing 
Federal standards but are not, we want them either brought up 
to snuff or put out of business.
    Senator Santorum. Does anybody have any further comments 
before I dismiss you?
    Thank you all very much for coming, and if the second panel 
could now take your seats, I would appreciate it. While that 
panel is getting situated, I just want to enter into the record 
a statement by Senator Stabenow and Senator Durbin and other 
information that we have received prior to this hearing to be 
made a part of the record
    [The prepared statements of Senators Stabenow and Durbin 
can be found in the appendix on page 26.]
    Senator Santorum. With that, let me thank our second panel 
of witnesses. We have Mr. Wayne Pacelle, who is the President 
and CEO of the Humane Society of the United States; Ms. Sara 
Amundson, who is the legislative director of the Doris Day 
Animal League; and Ms. Norma Worley, Director of the Animal 
Welfare Program at the Maine Department of Agriculture. Let me 
thank all of you for coming and with your patience in 
testifying here.
    Mr. Pacelle, I want to thank you in particular for all the 
work that you have done over the years in working with this and 
your willingness to sit down and work through as we have just 
seen with the prior panel a lot of issues and a lot of 
sometimes very prickly issues. And dealing with the cooperation 
that we have had from you has been outstanding, so I appreciate 
that.
    Mr. Pacelle.

   STATEMENT OF WAYNE PACELLE, PRESIDENT AND CHIEF EXECUTIVE 
        OFFICER, THE HUMANE SOCIETY OF THE UNITED STATES

    Mr. Pacelle. Well, thank you very much, Mr. Chairman. As 
you said, I am Wayne Pacelle, President of the Humane Society 
of the United States. We are headquartered in Washington, DC We 
have 9.4 million members and constituents, including more than 
300,000 in Pennsylvania, and this is not a quid pro quo, but we 
are grateful to you for all of your leadership throughout your 
career in public service.
    This has not been a fleeting concern of yours. I remember 
standing with you more than a decade ago on this very subject 
of commercial dog breeding operations, and I appreciate that 
you have stuck with it to such a degree and also in a very 
bipartisan way, attracting Senator Durbin also in the efforts 
that you have made to secure funding. There is one thing to 
have authorizing legislation. There is another matter to see 
that the existing laws are properly implemented, and your 
leadership with that of Senator Levin and others in securing 
adequate funding, an 81 percent increase in funding for the 
Animal Welfare Act over the last five years, has really 
tremendously helped not just the dogs and the cats but all of 
the other animals regulated under the Animal Welfare Act as 
well as the Horse Protection Act, which is another major law 
that you have helped to seek funding for.
    And frankly, I must admit also, and I would like it to be 
reflected in the record, your other efforts to amend the Animal 
Welfare Act regarding Section 26 regarding animal fighting and 
combating the barbaric practices of dog fighting and cock 
fighting; so we are deeply grateful to you for all of your 
efforts and in particular this effort here.
    As you know, the Animal Welfare Act was established in 
1966, so next year will be the 40th year of enforcement to 
protect animals on a nationwide scale dealing with regulated 
industries that by their nature deal with interstate commerce. 
And that is really the issue here. We work very aggressively at 
the State level on these issues, and many of the issues are 
State issues, and we welcome our cooperation, collaboration, 
with State agencies and also local agencies.
    But some industries are of a national or international 
scope that require Federal intervention, involvement, 
regulatory oversight, and that is precisely the case with the 
pet trade and the dog and cat trade. And essentially what we 
have here is I think a very modest bill, a bill that 
fundamentally deals with the question of fairness. You have a 
regulated community that is covered because they are selling at 
a volume that has triggered enforcement by the USDA, and they 
are selling at wholesale.
    Because of the Internet, we have a circumstance which the 
Animal Welfare Act authors in 1966 and subsequent amendment 
authors, 1985, could not have anticipated the advent of the 
Internet and could not have anticipated the very brisk sales 
that now exist. If you Google various breeds of dogs and ask 
puppies for sale, you will see any manner of large scale 
breeders who are selling direct through the Internet to the 
public. These people are not covered under the standards of the 
law.
    So the folks who are selling to pet stores are covered and 
are supposed to comply with some of the most basic provisions 
of care, feeding, water, shelter, and the like, yet you have 
now a growing and large class of individuals who are selling 
direct through the Internet who are not covered. So it is 
unfair to the existing regulated community. It is unfair to 
consumers, who have no safeguards but the conscience of some of 
those people, and some of them, we have seen time and time 
again do not have much conscience in this regard in terms of 
animal welfare and finally in terms of the animal's welfare 
itself, we believe that this public policy is well justified on 
that basis alone.
    And I will say that this is not just a theoretical concern 
about the Internet. It is not an anticipatory concern in the 
sense that we think this may be a problem. This is a problem 
here and now. And my colleague at the Doris Day Animal League I 
know is going to show some imagery and go into some details, 
but in our written testimony, Mr. Chairman, we have a litany of 
cases of people selling animals through the Internet, one just 
a little more than a week ago on October 28; 151 dachshunds and 
springer spaniels and one cat were found, many described as 
skin and bones at the home of a retail dealer in Vero Beach, 
Florida.
    In 2004 in Macomb, Missouri, a case involving an Internet 
dealer, 147 live dogs and four dead dogs, all with severely 
matted fur were found in dilapidated wire cages covered in 
feces, many with eye ailments, hair loss, deafness, blindness 
and tumors; a litany of these cases which more than justify 
this change in the law to cover people who are escaping 
oversight when the Congress has essentially said in its past 
lawmaking that if you are dealing at this scale in terms of 
sales, you should be covered.
    And in terms of the cruelty statutes at the State level, we 
work very hard, Mr. Chairman, on this issue, and now, 42 States 
have felony level penalties for certain acts of cruelty. But we 
do not want it to progress to a state where animals are in a 
terrible condition before we act. The very purpose of the 
Animal Welfare Act is to try to maintain standards so we do not 
degenerate to a circumstance where you have to have an 
intervention and a cruelty case, and I think that the cruelty 
laws are critical but in no way address what we are talking 
about here.
    And I would also mention that States and private agencies 
like the Humane Society of the United States, local humane 
societies, bear the cost when these cases degenerate to this 
level. This is not a puppy mill case, per se, but we are now in 
Arkansas dealing with 500 dogs in a hoarder case, and it is 
going to cost us hundreds of thousands of dollars to deal with 
these 500 animals, hundreds of thousands; dealt with by our 
society, our members giving money to us to help animals that 
did not anticipate this terrible case of cruelty.
    So if you have a regulatory program that is keeping tabs on 
people, that is holding them to standards, you prevent these 
sorts of cataclysmic circumstances from occurring.
    I will also just mention in closing, Mr. Chairman, that in 
your legislation, you are not adding welfare standards. You are 
simply logically applying the existing standards to people who 
should be covered and who the Congress frankly would have 
covered if they had known about the advent of the Internet when 
these provisions were originally enacted. Concerns about 
rescue, breed rescue groups being covered are really a 
tremendous stretch on the part of critics of the legislation. 
They would not be covered. But we would support clarifying 
language to make sure that these people are assured it is not 
our intent; we know in discussing with your staff these matters 
that it is not their intent nor your intent to cover them.
    In a broad sense, let me just thank you again for your 
leadership on this issue. Animals really live at our mercy. 
They require our merciful actions and our kind actions in order 
to get through each day and each week and each month, because 
we domesticated them. We have created a dependency, and we have 
a responsibility to care for them and to protect them, and the 
Federal Government has an important role, and that role should 
not be shirked, and we appreciate your stepping up.
    [The prepared statement of Mr. Pacelle can be found in the 
appendix on page 110.]
    Senator Santorum. Thank you, Mr. Pacelle. We appreciate it.
    Ms. Amundson.

  STATEMENT OF SARA AMUNDSON, LEGISLATIVE DIRECTOR, DORIS DAY 
                         ANIMAL LEAGUE

    Ms. Amundson. Thank you very much, Mr. Chairman. It is 
truly my pleasure to be here today in support of PAWS. We are 
greatly appreciative of your incessant efforts to not only 
ensure that there is appropriate protection for animals under 
the Animal Welfare Act but also to ensure that USDA has the 
resources necessary to implement those needs.
    I would also like to thank your colleague, Senator Durbin, 
for his leadership role in this area, and I must note that the 
staff members have been particularly helpful in ensuring that 
this broad coalition actually comes together today in support 
of your bill.
    Mr. Pacelle spoke to age of the Animal Welfare Act, and 
specifically the amendments in 1970 and 1976 went to the heart 
of what it is we are speaking about today. Those amendments 
were there to ensure that breeders who were selling through 
brokers to pet stores were actually licensed, regulated, and 
inspected under the Animal Welfare Act. And let us be direct 
about it: it made perfect sense at that time that those were 
the targeted large, commercial breeders who were actually 
coming under the auspices of the Animal Welfare Act.
    Unfortunately, times have changed. Times have changed 
because what we are seeing is those individuals who would like 
to purchase a puppy are finding it more and more difficult to 
actually go to a breeder's property and take a look at the 
conditions the puppy is kept in to ensure those animals are 
raised with some minimum standards of care. That is the thrust 
of the retail pet store exemption and so the need for PAWS.
    In 1989, the Doris Day Animal League was introduced to this 
issue by a gentleman in Pennsylvania who purchased a dog out of 
the back of a trade magazine. Unfortunately, the dog was 
purchased from a breeder in the State of Oklahoma, was 
transported on a commercial airliner in the cargo hold, and by 
the time the dog reached the consumer in the State of 
Pennsylvania, it was so ill that in effect, it died shortly 
thereafter.
    USDA refused to investigate the situation, because, of 
course, this was a retail sales issue. And from their 
perspective, the Animal Welfare Act did not to regulate those 
individuals.
    Times have changed. Today, we can access any search engine 
on the Internet, simply type in a few words, and immediately, 
we have access to just reams of information. In fact, just 
yesterday, I typed in ``Maltese puppies for sale'' into the 
Google search engine, and here is what we are looking at: just 
a handful of the Websites that are available for selling these 
puppies online. I wound up with 500,000 hits with that 
terminology alone.
    And unfortunately, as consumers become more and more 
comfortable with actually purchasing items over the Internet, 
it has grown from purchasing televisions to living, breathing 
puppies. In a recent article we noted in ``The New York 
Times'', the American Pet Product Manufacturers Association 
stated that 200,000 American households purchased puppies 
online just last year, and obviously, this is a money making 
venture, because these puppies are selling for between $500 and 
$5,000.
    For the past several years, the Doris Day Animal League has 
been tracking these direct sales cruelty and neglect cases, and 
Mr. Pacelle certainly alluded to the cost to society and the 
animals in these cases. You will see a couple of posters here 
that demonstrate some of what we have seen. In early 2004, 230 
dogs were seized from a breeder in Tennessee. This breeder was 
selling directly to the public, so of course, fell through the 
cracks and was not licensed, regulated, or inspected.
    It is estimated that the county spent $100,000 on ensuring 
that the seizure took place, the animals were provided 
appropriate veterinary care, and then, the resolution of the 
case was reached, and those animals were adopted out in cases 
where they could be.
    A vet testified at that trial that some of the female dogs 
could barely stand, had large tumors; three of them were 
completely blind and over the age of 13 years, and yet, those 
females were still being bred. If this dealer had been under 
the jurisdiction of the Animal Welfare Act, most of those 
issues would have been egregious violations of the Act. 
Instead, as Mr. Pacelle said, it fell to the States and the 
locality to actually prosecute the breeder. The other photo 
there depicts conditions in a particularly egregious case in 
the State of Kansas.
    Some breeders are using this loophole in the Act to avoid 
regulation altogether, including one in Michigan, who had her 
license revoked by USDA in 1992 because she was selling through 
pet stores. Now, she is selling direct to the public, and there 
is a second case of a number of cruelty charges that have been 
filed against her. I think it is important to note that most of 
these cruelty or neglect cases are demonstrating seizures of 
100 to 200 to 450 dogs and puppies. These are clearly large-
scale, commercial breeders.
    Chairman Santorum, just a cautionary note: while we are 
generally appreciative of the ability that we have all had to 
rack through some extremely difficult language and reach the 
point that we are at today, and we certainly recognize that 
USDA has limited resources, I think it is important to note 
that there is no other area of the Animal Welfare Act that 
currently exists where there is a third party certification 
program for actually inspecting kennels. And in fact, USDA, 
under the Horse Protection Act, has done an analysis of what 
has transpired with that program and certification for third-
party inspections, and it clearly shows that USDA inspectors 
are citing far more violations under the Horse Protection Act 
than those independent third party inspectors.
    We strongly support the language and the threshold in this 
bill and certainly see that USDA has been afforded some 
wonderful additional tools for the cases that they are looking 
at, and we would like to see that the language remain the same 
in those areas.
    It has been a pleasure to work with you, and we are looking 
forward to passing $. 1139, the Pet Animal Welfare Statute. 
Thank you very much.
    [The prepared statement of Ms. Amundson can be found in the 
appendix on page 29.]
    Senator Santorum. Thank you, Ms. Amundson.
    Ms. Worley.

 STATEMENT OF NORMA WORLEY, DIRECTOR, ANIMAL WELFARE PROGRAM, 
                MAINE DEPARTMENT OF AGRICULTURE

    Ms. Worley. Thank you, Senator.
    Senator Santorum. Thank you.
    Ms. Worley. It is a pleasure to be here today in support of 
this legislation. As you mentioned earlier, I am the director 
of the Animal Welfare Program from the great State of Maine, 
and I am definitely speaking in support of this legislation.
    I have been in my current position for two and a half 
years, but prior to retiring to Maine in 2001, I spent 21 years 
as an animal cruelty investigator in Southern California. 
During my tenure both in Maine and California, I have 
investigated hundreds if not thousands of animal cruelty cases, 
including many dealing with breeding kennels.
    As you are aware, animal welfare issues, in addition to 
being difficult, are usually emotionally charged. It can be 
extremely controversial. It is characterized by complaints from 
the public demanding that the animals they believe are being 
abused or neglected be removed immediately, regardless of what 
the law allows us to do or even the rights of the owner. The 
media may also compromise these investigations because, as the 
editors put it, everyone likes a good animal story. All this 
eventually results in lengthy debates in both State and Federal 
legislatures analyzing and reanalyzing if our animal cruelty 
laws, if they even exist, are sufficient.
    There are thousands of breeding kennels across the country 
that do everything in their power to protect their animals and 
obey the law. I am sure that you have heard from some of these 
breeders regarding this legislation. It is important that these 
law abiding kennel owners know that they have nothing to fear 
from this proposed statute, and there is no slippery slope or 
hidden agenda. Unfortunately for every one of these lawful and 
ethical kennel owners, there are many if not more who see 
animals simply as a commodity and a way to make a quick buck.
    The PAWS statute before you today identifies and seeks to 
correct several loopholes in current Federal law that allows no 
protection for dogs and cats sold directly to the public by 
large scale breeders. This legislation will mandate protection 
be applied for these animals regardless of what State the 
breeder lives in.
    The State of Maine and its domestic animals are fortunate 
that we have some of the strongest laws in the United States, 
thus protecting them from unscrupulous breeding kennel owners. 
This is not to say that we have no such breeders, because we 
do. Of the 800-plus animal cruelty complaints that we have 
received this year, just alone or alone the State of Maine 
Animal Welfare Program, we have spent hundreds of hours on 
three investigations involving a pet shop and two breeding 
kennels.
    The end result was 250-plus dogs removed from these two 
kennels, and fortunately, these are the lucky ones, as they 
were adopted into loving, forever homes and have been spayed 
and neutered to help stop this cycle of abuse. Unfortunately, 
the pet store just moved to another State whose laws are not as 
effective.
    Even with these effective kennel laws, not a week goes by 
without the Animal Welfare Program receiving a heartbreaking 
complaint from a new owner who has purchased a pup or kitten 
than a less than honest breeder. To even complicate things 
more, we now have a new twist in marketing for these dishonest 
breeders. As with all new avenues of commerce, the Internet is 
the latest tool to sell dogs and cats.
    Unfortunately, the Internet can reach out all over the 
world and is difficult to track without cooperation of the 
user. There is nothing more frustrating to us than to receive a 
complaint from a new owner that may live 3,000 miles away who 
is heartbroken over the pup or kitten they have just received. 
The usual scenario is these complainants are surfing the Net, 
looking for a particular breed and fall in love with a picture 
of what they think is their ideal pet. Some are looking for 
show caliber dogs; some just like the particular breed and want 
a pet, and then, there is the smaller minority who are even 
seeking to start their own breeding kennel.
    But going back to the dilemma of the new owner, usually, 
the story entails how they purchased this dog over the Internet 
and are eagerly awaiting the arrival of the new addition to 
their family. However, in most cases, it is anything but a 
happy event when the animal arrives. These young pups, 
sometimes as young as five and six weeks old, are shipped to 
the new owner by air in a small crate held in the cargo area of 
the plane for trips that can be up to 12 to 15 hours in length.
    Upon arrival, they are usually sick. Some may have genetic 
disorders from poor breeding or are just a horrible example of 
the breed. The new owner tries to contact the breeder by email 
or letter, only to be told, if they get an answer at all, their 
choice is to either return the animal to the breeder, which 
means reshipping back across the United States to be treated by 
the breeder's veterinarian or basically tough luck, no 
compensation.
    The breeder usually has in their contract that includes no 
refunds for the purchase price or any compensation for 
veterinarian bills that the new owner may acquire. At this 
point, the new owner is totally confused, angry, frustrated, 
but in most cases now has fallen in love with this poor 
creature, which is what the unscrupulous dealer hoped would 
happen.
    Now, the owner is faced with the horrendous choice of 
spending perhaps thousands of dollars at their vet with the 
hope that the dog recovers or to return this poor critter to an 
uncaring breeder and an unknown fate. As you would suspect, 
most decide to keep the animal, even though it is not what they 
wanted, is not healthy, and they may be saddled with 
outstanding bills for the rest of the animal's life.
    The positive side is these animals are the lucky ones, as 
they will spend their lives in forever homes. Unfortunately, 
others will be sent back, where they will be nursed back to an 
appearance of good health, only to be sold again in an attempt 
to recoup the dealer's losses or immediately euthanized.
    So who is the real victim in these cases? Many will say it 
is the purchaser. They were taken advantage of. Others will 
scoff and say buyer beware; they got what they deserved for not 
doing the research. Others will say this is simply a civil 
matter, and this is what the courts are for. But keep in mind 
that courts are charged with settling disputes based on paper 
trails and not live animals.
    I come before you today to say the real victims in these 
cases are the puppies and kittens who are taken too young from 
their mothers; that are not socialized; many times are ill or 
genetically inferior; and then shipped in cargo holds of 
airplanes, sometimes enduring trips in length; and now are 
unwanted. It is beyond my realm of understanding how anyone 
could stand by and allow this to happen.
    The victims of these horrendous acts must be protected the 
same as domestic animals who are sold to commercial facilities. 
The closing of these loopholes must be addressed now in order 
to protect the voiceless victims in States where they have 
little or no protection. Again, I thank you for this bill, and 
I hope the Members of the committee will vote in support of it.
    [The prepared statement of Ms. Worley can be found in the 
appendix on page 123.]
    Senator Santorum. Thank you, Ms. Worley. Appreciate it.
    I just want to review a few things that have been brought 
up, again, by those who have expressed opposition to 1139. 
First, just reading some of the newspaper ads from today's 
paper, it says that one claims is PAWS would dramatically 
change the Animal Welfare Act. Does the PAWS legislation change 
the Animal Welfare Act other than who the Animal Welfare Act 
covers?
    Mr. Pacelle. It really does not meaningfully change the Act 
except to make it more fairly applied to individuals who are 
sidestepping the regulatory scheme that exists and that many 
people are operating under just fine. You know, it is not as 
if--
    Senator Santorum. So there are no new requirements under 
the Act as far as animal welfare kinds of provisions.
    Mr. Pacelle. No, there are no breeding restrictions. There 
is no socialization requirement. There are none of the things 
that have been long discussed, but they are not in this 
legislation.
    Senator Santorum. Some of you have commented on, and last 
panel did, about the changes in the industry. One of the claims 
here is that less than half of a percent of all dogs who are 
acquired via the Internet or the like. Do you have any numbers 
or any sense of, number one, where we are with respect to that 
and if there is any trend with that regard as far as Internet 
sales and sales of dogs from overseas?
    Ms. Amundson. Well, Chairman Santorum, I would be hard 
pressed to come up with some sort of final number. However, I 
will say that a major trade association, which clearly tracks 
trends with pets has stated just last year 200,000 puppies were 
purchased over the Internet. I do think it is important to note 
that while the Internet is perhaps the most available vehicle 
for these direct sales, clearly, it is taking place through ads 
in trade magazines, local newspapers, and a variety of other 
mechanisms, too.
    Mr. Pacelle. I would say, Mr. Chairman, that I would love 
to see some documentation for that figure. It sounds made up, 
and it sounds like it is just a convenient number thrown out 
there to minimize the value and importance of the legislation. 
It is a growing industry. You know, we, as Sara indicated, 
Google these sites; they would not exist in the number that 
they are but for the economic activity.
    Senator Santorum. Another comment here is that the PAWS 
legislation would Federalize the breeding of home-raised pets. 
Do you intend to Federalize the breeding of pets, people who 
have, like me, who have a dog who had a litter? Do you want to 
Federalize folks who have a dog that has a littler of puppies?
    Ms. Amundson. Mr. Chairman, I simply cannot fathom how that 
could be accomplished. For obvious reasons, the Animal Welfare 
Act is an interstate commerce vehicle, which is why it is the 
Federal Animal Welfare Act. And certainly, in any written 
information that the Doris Day Animal League has provided over 
the years we have looked at this issue, we have never supported 
the concept of having USDA inspectors in the living rooms of 
individuals who may breed an occasional litter. In fact, it 
flies in the face of Congressional intent under the Animal 
Welfare Act, which clearly states that this Act is geared 
toward commercial ventures and not to occasional breeding of 
companion animals.
    Mr. Pacelle. I think that, you know, your legislation 
clarifies it more than existing law does, that these people 
would not be covered?
    Senator Santorum. Could you explain that, why it actually 
takes a step in the direction of clarification?
    Mr. Pacelle. It does, because you have essentially set a 
new standard, a higher threshold, six litters per year, 25 
dogs, for sale purposes in interstate commerce in order to 
trigger the enforcement activity of the USDA.
    Senator Santorum. So if you are a hobby breeder that has 
three females, and you breed them once a year, you are not 
going to be connected with this.
    Mr. Pacelle. You are not covered, and AKC, which is the 
main industry group, the one that has been around for 100 
years, has said that the vast, vast majority, 96 percent plus, 
of its people do not come under the provisions of the Animal 
Welfare Act now and that we would not be adding new ones at 
this--if this legislation were approved. The law now is a 
different standard, a lower standard, so I think people should 
feel better about your legislation.
    Senator Santorum. Another question was raised about 
sportsmen and whether they would be treated differently under 
this act than prior acts, than the current Act, I should say.
    Ms. Amundson. I would certainly have to concur with the 
response that was provided with the first panel. And again, I 
will remind individuals in this room that hunting, breeding 
security dogs are already covered under the definition of 
dealer in the Animal Welfare Act. This does not create a new 
sort of mechanism for ensuring that those individuals are 
regulated.
    Ms. Worley. I think it is important to bring up that the 
State of Maine is very much a sportsmen's, hunting State. I did 
have some conversations with a couple of sportsmen's group who 
had expressed, you know, interest that this was new legislation 
that was going to affect them. But when I reminded them that in 
the State of Maine that if you sell more than 16 puppies, you 
have to be licensed, and basically, they said oh. So they 
understand, too, that some States are more stringent, and this 
will not affect them. But at that point, they said okay, we can 
support it.
    Mr. Pacelle. And let us point out that, you know, we are 
not talking about coming into your home and ripping apart your 
drawers and looking under your bed. We are talking about basic 
animal welfare standards. No one should be afraid if they are 
caring for their animals. If their animals are fed and watered, 
and they have shelter, there is no problem. This is just basic, 
you know, the Government is not coming in and pulling apart 
people's homes here.
    Ms. Worley. I would just like to add that having been an 
investigator animal cruelty for over 25 years and now in Maine 
that I do not care what goes on in the living room, but if they 
are breeding dogs, I do, and I would like to get into their 
kennels. That is all I am interested in.
    Senator Santorum. Mr. Pacelle, you mentioned the issue of 
animal rescue. That seems to be another constant I would say 
misinterpretation that somehow or another, that this bill will 
adversely affect animal rescue organizations. Can you comment 
on that directly?
    Mr. Pacelle. I find that a very, you know, fanciful 
argument. These people are not engaged in commercial sale of 
animals for profit. These are rescue groups who are providing 
assistance to animals in need, and they are not engaging in 
commercial transactions. They are not covered under the 
existing law now. They are not selling large numbers of 
animals. And I think most importantly, they are not breeding 
the animals. I mean, this is a breeding trigger in many 
respects, and the breed rescue groups are not engaging in 
large-scale breeding of animals.
    Senator Santorum. So it is not your intent that the PAWS 
cover these organizations.
    Mr. Pacelle. No, and, as I said, you know, if you want to 
clarify the language--we think that as exists, it is fine, but 
if, you know, you and some of the other backers of the 
legislation like AKC want to see this tailored to really 
underscore that, we would not object.
    Ms. Amundson. Mr. Chairman, if I may, I would say it would 
be defeatist on our part to in any way, shape, or form have 
this bill construed as covering rescue organizations or rescue 
individuals. For obvious reasons, coming from the animal 
welfare community, these are the very individuals who are 
providing a significant service in these cruelty cases where 
you have got these large seizures of dogs.
    So whether we need to work toward a savings clause or 
something along those lines that will provide some further 
demarcation, I would say there is nothing in the current 
language that should be construed as encompassing rescue 
groups.
    Senator Santorum. Thank you.
    We have another vote scheduled here in five minutes, so I 
am going to thank you all very much for your testimony. I 
appreciate, again, all of you on both panels for the 
cooperation, and as I said at the very beginning, this is a 
work in progress. We hope to have a discussion draft with 
amendments that have been talked about in the last two panels 
available to the public in the next couple of weeks, and we 
will use that as a further point of discussion to try to get, 
as I said before, a broad consensus to move something forward 
to the benefit of pets and pet owners.
    Thank you very much. We are adjourned.
    [Whereupon, at 4:09 p.m., the subcommittee was adjourned.]
      
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