[Congressional Record Volume 155, Number 153 (Wednesday, October 21, 2009)]
[Senate]
[Pages S10643-S10644]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. AKAKA (for himself, Ms. Collins, Mr. Levin, Mr. 
        Lautenberg, and Mr. Menendez):
  S. 1834. 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, today I introduce the Pet Safety and 
Protection Act of 2009. The legislation amends the Animal Welfare Act 
to ensure that all companion animals such as dogs and cats used by 
research facilities are obtained legally. I am pleased to be joined by 
a number of my colleagues, serving as cosponsors of the legislation 
including Senator Susan Collins, Senator Frank Lautenberg, Senator Carl 
Levin, and Senator Robert Menendez.
  More than 40 years ago, Congress passed the Animal Welfare Act, AWA, 
to stop the mistreatment of animals and to prevent the unintentional 
sale of family pets for laboratory experiments. While the AWA has 
helped to safeguard animals across the country, we still find that the 
Act does not adequately provide pets and pet owners with reliable 
protection against the action of some unethical Class B dealers. Of the 
eleven Class B dealers licensed by the Department of Agriculture, USDA, 
to sell live dogs and cats for experimentation, one has been issued to 
a 5-year license suspension. and seven others are under investigation 
for apparent violations of the AWA.
  Despite new enforcement guidelines and intensified inspection efforts 
by USDA, it is nearly impossible to assure that stolen or lost pets 
will not enter research laboratories via the Class B dealer system. 
Each year, hundreds of thousands of dollars are spent on regulating 
Class B dealers. Enactment of the Pet Safety and Protection Act helps 
reduce the Department of Agriculture's regulatory burden by allowing 
the Department to use its resources more efficiently and effectively. 
In order to combat any future violations of the AWA, this bill 
increases the penalties under the Act to a minimum of $1,000 per 
violation, in addition to any other existing penalties.
  My legislation promotes humane treatment of animals and preserves the 
integrity of research laboratories to obtain animals from legitimate 
sources, while complying with the AWA. Such legitimate sources include 
USDA-licensed Class A dealers or breeders; municipal pounds that choose 
to release dogs and cats for research purposes; legitimate pet owners 
who want to donate their animals to research; and private and Federal 
facilities that breed their own animals. These four sources are capable 
of supplying millions of animals for research, far more cats and dogs 
than are required by current laboratory demand.
  A May 2009 study conducted by the National Academies, ``Scientific 
and Humane Issues in the Use of Random Source Dogs and Cats in 
Research'' found that while some random-source dogs and cats may be 
necessary and desirable for research that is funded by the National 
Institute of Health, NIH, Class B dealers are not necessary to supply 
such animals for NIH funded research. Further this report makes clear 
that there are sufficient, alternative sources to acquire animals with 
characteristics similar to animals provided by Class B dealers. As 
there are legitimate sources of such animals, the report leave little 
doubt that Class B dealers are no longer necessary.
  In light of this recent report, this bill is an appropriate and 
feasible action, as alternatives to Class B dealers do exist to meet 
research needs. This bill does not address the larger issue of whether 
animals should or should not be used in research facilities. In fact, 
this bill does not impair or impede research. Medical research is one 
of our primary tools in the discovery of new drugs and surgical 
techniques that help develop cures for life-threatening diseases and 
animal research has been, and continues to be, a fundamental part of 
scientific advancements. Instead, this legislation targets the 
unethical practice of selling stolen pets and stray animals to research 
facilities by ending the fraudulent practices of Class B dealers, as 
well as the unnecessary suffering of animals in their care. I urge my 
colleagues to support this important legislation.
  Mr. President, I ask unanimous consent that a letter of support be 
printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                     Animal Welfare Institute,

                                 Washington, DC, October 19, 2009.
     Hon. Daniel Akaka,
     U.S. Senate, Hart Senate Office Building, Washington, DC.
       Dear Senator Akaka: We want to thank you for reintroducing 
     the Pet Safety and Protection Act. For too long, Class B 
     dealers who sell dogs and cats to research laboratories have 
     flouted the Animal Welfare Act, acquiring animals through 
     theft and fraud, lying about the origins of the animals, and 
     keeping them in inhumane conditions. Despite the hundreds of 
     thousands of tax dollars that the U.S. Department of 
     Agriculture spends trying to regulate Class B dealers, the 
     agency cannot guarantee that dogs and cats are not being 
     illegally acquired for use in experiments.
       A May 2009 report from the National Academy of Sciences 
     supports the position that this bill will not have an adverse 
     impact on the conduct of research. In addressing the question 
     of whether Class B dealers are needed to supply NIH-sponsored 
     research with random source animals, the NAS concluded that 
     they are not. It found that animals with similar qualities 
     are available from alternative sources. ``The Committee 
     therefore determined Class B dealers are not necessary

[[Page S10644]]

     as providers of random source animals for NIH-related 
     research.'' In fact, many researchers do not use Class B 
     dealers to acquire dogs and cats, and it is time for the 
     remainder who do to end their embarrassing association with 
     these habitual violators of the law.
       We are grateful to you for again taking on the important 
     job of ensuring the safety of companion animals. We will do 
     all that we can to achieve passage of this bill. Please 
     contact me at 202-446-2121 or Lauren Silverman at the Humane 
     Society of the U.S. if we can be of further assistance.
           With much appreciation,
                                                       Cathy Liss,
                                                        President.
       On behalf of: American Society for the Prevention of 
     Cruelty to Animals, Animal Welfare Institute, Born Free USA 
     Humane Society of the United States In Defense of Animals, 
     International Fund for Animal Welfare Last Chance for Animals 
     Massachusetts Society for the Prevention of Cruelty to 
     Animals Physicians Committee for Responsible Medicine World 
     Society for the Protection of Animals.

                          ____________________