[Congressional Record Volume 150, Number 54 (Monday, April 26, 2004)]
[Senate]
[Pages S4375-S4376]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. AKAKA:
  S. 2346. A bill to amend the Animal Welfare Act to ensure that all 
dogs and cats used by research facilities are obtained legally; to the 
Committee on Agriculture, Nutrition, and Forestry.
  Mr. AKAKA. Mr. President, I rise today to introduce the Pet Safety 
and Protection Act. My legislation amends the Animal Welfare Act to 
ensure that all companion animals such as dogs and cats used by 
research facilities are obtained legally.
  Over 30 years ago, Congress passed the Animal Welfare Act (AWA) 
authorizing the Secretary of Agriculture to set and enforce standards 
protecting animals used in biomedical research, bred for commercial 
sale, exhibited to the public, or commercially transported from 
inhumane treatment. Despite the well-meaning intentions of the AWA and 
the enforcement efforts of the U.S. Department of Agriculture (USDA), 
the Act fails to provide reliable protection against the actions of 
some unethical animal dealers.
  Under the AWA, Class B animal dealers are defined as individuals 
whose business includes the purchase, sale, or transport of animals in 
commerce, including dogs and cats intended for use at research 
facilities. To the dismay of animal welfare advocates and pet owners, 
some Class B, or ``random source,'' dealers have resorted to theft and 
deception to collect animals for resale. In many instances these 
animals were found living under inhumane conditions.
  As recently as August of 2003, USDA agents executed a warrant to 
investigate a Class B dealer from Arkansas suspected of violations of 
the AWA for the second time in several years. Many claims have been 
levied against this dealer, and approximately 125 dogs were seized by 
Federal agents during this week-long search. The investigation of this 
facility is ongoing, and an indictment is pending.
  The complaint being investigated by the USDA against the dealer 
alleges that the respondents' veterinarian provided for them falsified 
official health certificates for cats and dogs, and also provided them 
with blank, undated, and signed health certificates. It is also alleged 
that the dealer failed to provide the barest standards of care, 
husbandry, and housing for the animals on the premises. The undercover 
investigation of this facility has revealed that its proprietors were 
aware that some of the companion animals brought to the facility were 
stolen, and also revealed a list of over 50 ``bunchers,'' individuals 
who obtain animals and sell them to ``random source'' animal dealers. 
Bunchers have a variety of methods of obtaining companion animals, 
including responding to newspaper ads offering free animals, 
trespassing on private property to abduct the animals from yards, and 
house burglaries.

[[Page S4376]]

  Inadequate veterinary care is one of the worst violations of the AWA 
committed against these animals. The expense for quality veterinary 
care is one that irresponsible Class B dealers do not wish to incur, 
and animals often die as a result of their untreated injuries or 
diseases. This was one of the violations uncovered by the 
investigation, and often resulted from another violation of the AWA 
that requires compatible grouping of animals. Vicious or diseased 
animals were not separated from the general population and posed a risk 
to all of the animals housed with them. In addition, this particular 
dealer also provided inadequate housing facilities that exposed the 
animals to injury from sharp wires. Fecal waste was allowed to 
accumulate in the housing facility, and often dead dogs were left where 
they fell in cages with other living animals. Food receptacles were 
found to be contaminated with moldy and rotten food, and potable water 
was not readily available to the animals. All of these are direct 
violations of the Animal Welfare Act. In addition to neglect, these 
animals often suffer abuse at the hands of dealers. Evidence of gross 
cruelty is being uncovered while the USDA continues to investigate this 
case.
  The Pet Safety and Protection Act strengthens the AWA by prohibiting 
the use of Class B dealers as suppliers of dogs and cats to research 
laboratories. My legislation would not be a burden on research 
facilities because only two percent of the approximately 2,051 Class B 
dealers in the United States currently sell cats and dogs to research 
facilities. I am not here to argue whether animals should or should not 
be used in research. Medical research is an invaluable weapon in the 
battle against disease. New drugs and surgical techniques offer promise 
in the fight against cancer, Alzheimer's, tuberculosis, AIDS, and a 
host of other life-threatening diseases. Animal research has been, and 
continues to be, fundamental to advancements in medicine. However, I am 
concerned with the sale of stolen pets and stray animals to research 
facilities and the poor treatment of these animals by some Class B 
dealers.
  My legislation preserves the integrity of animal research by 
encouraging research laboratories to obtain animals from legitimate 
sources that comply with the AWA. Legitimate sources for animals 
include USDA-licensed Class A dealers, breeders, and research 
facilities, municipal pounds and shelters, and legitimate pet owners 
who want to donate their animals to research. These sources are capable 
of meeting the demand for research animals. The National Institutes of 
Health, in an effort to curb abuse and deception, have already adopted 
policies against the acquisition of dogs and cats from Class B dealers.
  The Pet Safety and Protection Act also reduces the Department of 
Agriculture's regulatory burden by allowing the Department to use its 
resources more efficiently and effectively. Each year, thousands of 
dollars are spent on regulating dealers. To discourage any future 
violations of the AWA, my bill increases the penalties to a minimum of 
$1,000 per violation.
  I reiterate that this bill in no way impairs or impedes research, but 
will end the fraudulent practices of some Class B dealers, as well as 
the unnecessary suffering of these animals in their care. I urge my 
colleagues to support this important legislation. I ask unanimous 
consent that the text of the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 2346

       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 ``Pet Safety and Protection 
     Act of 2004''.

     SEC. 2. PROTECTION OF PETS.

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

     ``SEC. 7. SOURCES OF DOGS AND CATS FOR RESEARCH FACILITIES.

       ``(a) Definition of Person.--In this section, the term 
     `person' means any individual, partnership, firm, joint stock 
     company, corporation, association, trust, estate, pound, 
     shelter, or other legal entity.
       ``(b) Use of Dogs and Cats.--No research facility or 
     Federal research facility may use a dog or cat for research 
     or educational purposes if the dog or cat was obtained from a 
     person other than a person described in subsection (d).
       ``(c) Selling, Donating, or Offering Dogs and Cats.--No 
     person, other than a person described in subsection (d), may 
     sell, donate, or offer a dog or cat to any research facility 
     or Federal research facility.
       ``(d) Permissible Sources.--A person from whom a research 
     facility or a Federal research facility may obtain a dog or 
     cat for research or educational purposes under subsection 
     (b), and a person who may sell, donate, or offer a dog or cat 
     to a research facility or a Federal research facility under 
     subsection (c), shall be--
       ``(1) a dealer licensed under section 3 that has bred and 
     raised the dog or cat;
       ``(2) a publicly owned and operated pound or shelter that--
       ``(A) is registered with the Secretary;
       ``(B) is in compliance with section 28(a)(1) and with the 
     requirements for dealers in subsections (b) and (c) of 
     section 28; and
       ``(C) obtained the dog or cat from its legal owner, other 
     than a pound or shelter;
       ``(3) a person that is donating the dog or cat and that--
       ``(A) bred and raised the dog or cat; or
       ``(B) owned the dog or cat for not less than 1 year 
     immediately preceding the donation;
       ``(4) a research facility licensed by the Secretary; and
       ``(5) a Federal research facility licensed by the 
     Secretary.
       ``(e) Penalties.--
       ``(1) In general.--A person that violates this section 
     shall be fined $1,000 for each violation.
       ``(2) Additional penalty.--A penalty under this subsection 
     shall be in addition to any other applicable penalty.
       ``(f) No Required Sale or Donation.--Nothing in this 
     section requires a pound or shelter to sell, donate, or offer 
     a dog or cat to a research facility or Federal research 
     facility.''.
       (b) Federal Research Facilities.--Section 8 of the Animal 
     Welfare Act (7 U.S.C. 2138) is amended--
       (1) by striking ``Sec. 8. No department'' and inserting the 
     following:

     ``SEC. 8. FEDERAL RESEARCH FACILITIES.

       ``Except as provided in section 7, no department'';
       (2) by striking ``research or experimentation or''; and
       (3) by striking ``such purposes'' and inserting ``that 
     purpose''.
       (c) Certification.--Section 28(b)(1) of the Animal Welfare 
     Act (7 U.S.C. 2158(b)(1)) is amended by striking ``individual 
     or entity'' and inserting ``research facility or Federal 
     research facility''.

     SEC. 3. EFFECTIVE DATE.

       The amendments made by section 2 take effect on the date 
     that is 90 days after the date of enactment of this Act.
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