[Congressional Record Volume 151, Number 72 (Thursday, May 26, 2005)]
[Senate]
[Pages S6031-S6032]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. SANTORUM:
  S. 1139. A bill to amend the Animal Welfare Act to strengthen the 
ability of the Secretary of Agriculture to regulate the pet industry; 
to the Committee on Agriculture, Nutrition, and Forestry.
  Mr. SANTORUM. Mr. President, I rise today to introduce the Pet Animal 
Welfare Statute of 2005 (PAWS). The introduction of this important 
animal welfare legislation demonstrates my continued interest in humane 
treatment of animals. As the proud owner of a German Shepherd, it is 
disturbing to see the number of high volume breeders who are careless 
and disregard their responsibilities to care properly for their 
animals.
  Across the United States, there are more than 3,000 commercial dog-
breeding facilities that are licensed to operate by the United States 
Department of Agriculture (USDA). Owners of these facilities are 
required to comply with the rules and regulations of the Animal Welfare 
Act (AWA), which sets forth standards for humane handling and 
treatment. USDA inspections are also required to ensure compliance with 
AWA standards.
  Unfortunately, enforcement of AWA has not effectively stopped the 
inhumane treatment of animals within the pet industry. Because the AWA 
only covers breeders and others who sell at wholesale, many puppy mill 
owners have successfully avoided AWA requirements by selling directly 
to the public. The ability to use the Internet as a marketing tool for 
direct sales has only made selling directly to the public more 
prevalent and popular. Because USDA can only regulate wholesalers under 
the AWA, it has very limited authority to oversee the care and 
conditions of animals in these facilities.
  PAWS addresses this growing problem. PAWS would regulate breeders who 
raise seven or more litters of dogs or cats each year. This threshold 
test would differentiate those breeders who raise animals in mass 
numbers from those who are hobby breeders.
  In addition, this broad ranging legislation would cover importers and 
other non-breeder dealers who sell more than 25 dogs or cats per year, 
strengthen USDA's enforcement authority, and assure USDA access to 
source records of persons who acquire dogs for resale. Finally, PAWS 
expands the USDA's authority to seek injunctions against unlicensed dog 
and cat dealers.
  The term ``puppy mill'' is not new to many people, be it pet owners, 
consumers, animal welfare advocates, inspectors or just casual 
observers. Puppy mills are large breeding operations that mass-produce 
puppies for commercial sale with little regard for the humane handling 
and treatment of the dogs. Breeding and raising dogs without respect to 
the animal's welfare guarantees bad results for the unknowing owner, 
and for the health of the dog and her puppies. For dogs, puppy mill 
conditions can mean overcrowded cages, lack of protection from weather 
conditions, and an overall lack of veterinary care.
  The benefits of regulating commercial breeders and sellers are 
obvious. PAWS addresses the commerce in pets from many different 
angles, including imports, large direct sellers, Internet sellers, 
enforcement tools, and source records. As a member of the Senate 
Agriculture Committee and Chairman of the Subcommittee on Research, 
Nutrition and General Legislation, the subcommittee with jurisdiction, 
I am prepared to work aggressively to advance this legislation. I urge 
my colleagues to join Senator Durbin and me in supporting this 
legislation.
  Mr. DURBIN. Mr. President, I rise today to introduce the Pet Animal 
Welfare Statute, PAWS, along with my colleague, Senator Santorum.
  For more than three decades, Congress has given the responsibility of 
ensuring minimum standards of humane care and treatment of animals to 
the U.S. Department of Agriculture, USDA, under the Animal Welfare Act, 
AWA.
  The current guidelines within the AWA do not go far enough to protect 
puppies at large breeding facilities; they merely ensure the provision 
of water and food, and that is inadequate. The AWA has been largely 
ineffective because of weak enforcement procedures and limited 
resources. Another severe limitation of the current AWA is that it does 
not regulate overseas breeders who submit their animals to deplorable 
conditions before exporting them to the United States, leaving many 
imported animals with diseases and behavioral disorders. PAWS 
strengthens the AWA to better control the practices of puppy breeding 
in large facilities, addresses cruel puppy treatment and places 
stricter regulations on overseas breeders.
  In large breeding facilities, puppies are often kept in cramped, 
dirty cages; sometimes stacked on top of each other; exposed to the 
elements in extreme cold and heat; forced to breed too frequently; and 
deprived of adequate food, water, veterinary care, and any semblance of 
loving contact. In fact, current law allows many of these breeders to 
evade all federal oversight.
  This inhumane treatment has a direct bearing on the physical and 
mental health of dogs in these facilities. Often, after these puppies 
join a family, they turn out to have serious health and behavioral 
problems that cause them pain, cause their owners great distress, and 
require expensive medical care.
  I believe PAWS will address these problems by filling gaps in the 
current law and encouraging stronger enforcement by USDA to crack down 
on chronic violators. The bill also applies to cats.
  PAWS requires that any commercial hreeder who sells seven or more 
litters of dogs or cats directly to the public in a year must be 
licensed by the USDA. The statute also allows the USDA to obtain the 
identity of breeders, a measure that would help the USDA to address 
inhumane treatment. PAWS extends the suspension period for facilities 
with AWA violations from 21 days to 60 days and provides the USDA with 
direct authority to apply for injunctions.
  I've heard from many of my constituents in Illinois who are deeply 
concerned about the puppy mill problem and want this legislation 
enacted. PAWS is supported by national organizations, including the 
Humane Society of the United States, the American Kennel Club, Doris 
Day Animal League, and the Animal Welfare Institute.
  I am pleased that we have obtained additional funds for USDA to 
improve its enforcement of the AWA. This piece of legislation will 
complement those ongoing efforts by strengthening USDA's authority to 
crack down on the bad actors.
  PAWS will ensure that any commercial dog breeder licensed by the 
Federal Government is meeting basic humane standards of care. We owe at 
least this much to the animals that have earned the title ``man's best 
friend.'' This safety net for dogs and cats will protect pets and the 
consumers who care about them against the poor treatment practices of 
the worst dealers: the ones who provide no

[[Page S6032]]

interaction; the ones who violate industry norms against over-breeding; 
the ones who repeatedly violate the law governing humane care. The good 
dealers, however, should be recognized for the value they bring to pet 
lovers everywhere.
  Currently, the good dealers suffer at the hands of the bad ones, the 
ones who give the industry a bad reputation. This bill will help draw a 
clear distinction in favor of the good dealers. I thank my colleagues 
for their attention to this issue, and I urge their support for the Pet 
Animal Welfare Statute.
                                 ______