[Congressional Record Volume 159, Number 28 (Wednesday, February 27, 2013)]
[Senate]
[Pages S944-S946]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. DURBIN (for himself, Mr. Vitter, Mr. Blumenthal, Mrs. 
        Boxer, Mr. Cardin, Ms. Collins, Mrs. Gillibrand, Ms. Landrieu, 
        Mr. Menendez, Mr. Merkley, Mr. Udall of Colorado, and Mr. 
        Wyden):
  S. 395. A bill to amend the Animal Welfare Act to provide further 
protection for puppies; to the Committee on Agriculture, Nutrition, and 
Forestry.
  Mr. DURBIN. Mr. President, I ask unanimous consent the 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. 395

       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 ``Puppy Uniform Protection and 
     Safety Act''.

     SEC. 2. PROTECTION OF PUPPIES UNDER THE ANIMAL WELFARE ACT.

       (a) High Volume Retail Breeder Defined.--Section 2 of the 
     Animal Welfare Act (7 U.S.C. 2132) is amended--
       (1) in subsection (l), by striking ``research.'' and 
     inserting ``research;'';
       (2) in subsection (n), by striking ``section 13(b); and'' 
     and inserting ``section 13(b);'';
       (3) in subsection (o), by striking ``experimentation.'' and 
     inserting ``experimentation; and''; and
       (4) by adding at the end the following:
       ``(p) High Volume Retail Breeder.--
       ``(1) Definitions.--In this subsection:

[[Page S945]]

       ``(A) Breeding female dog.--The term `breeding female dog' 
     means an intact female dog aged 4 months or older.
       ``(B) High volume retail breeder.--The term `high volume 
     retail breeder' means a person who, in commerce, for 
     compensation or profit--
       ``(i) has an ownership interest in or custody of 1 or more 
     breeding female dogs; and
       ``(ii) sells or offers for sale, via any means of 
     conveyance (including the Internet, telephone, or newspaper), 
     more than 50 of the offspring of such breeding female dogs 
     for use as pets in any 1-year period.
       ``(2) Relationship to dealers.--
       ``(A) In general.--For purposes of this Act, a high volume 
     retail breeder shall be considered to be a dealer and subject 
     to all provisions of this Act applicable to a dealer.
       ``(B) Exception.--The retail pet store exemption in 
     subsection (f)(i) shall not apply to a high volume retail 
     breeder.''.
       (b) Licenses.--Section 3 of the Animal Welfare Act (7 
     U.S.C. 2133) is amended--
       (1) by striking ``The Secretary'' and inserting ``(a) In 
     General.--The Secretary'';
       (2) in subsection (a) (as so designated), in the second 
     proviso of the first sentence, by inserting ``(other than a 
     high volume retail breeder)'' after ``any retail pet store or 
     other person''; and
       (3) by adding at the end the following:
       ``(b) Dealers.--A dealer (including a high volume retail 
     breeder) applying for a license under subsection (a) 
     (including annual renewals) shall include on the license 
     application the total number of dogs exempted from exercise 
     on the premises of the dealer in the preceding year by a 
     licensed veterinarian under section 13(j)(2).''.
       (c) Exercise Requirements.--Section 13 of the Animal 
     Welfare Act (7 U.S.C. 2143) is amended--
       (1) by redesignating subsections (g) and (h) as subsections 
     (h) and (i), respectively;
       (2) by redesignating the second subsection (f) (as 
     redesignated by section 1752(a)(1) of Public Law 99-198 (99 
     Stat. 1645)) as subsection (g); and
       (3) by adding at the end the following:
       ``(j) Exercise Requirements.--
       ``(1) In general.--Not later than 1 year after the date of 
     enactment of this subsection, the Secretary shall promulgate 
     standards covering dealers that include requirements for the 
     exercise of dogs at facilities owned or operated by a dealer, 
     including exercise regulations that ensure that--
       ``(A) each dog that is at least 12 weeks old (other than a 
     female dog with unweaned puppies) has daily access to 
     exercise that--
       ``(i) allows the dog--

       ``(I) to move sufficiently to develop or maintain normal 
     muscle tone and mass as appropriate for the age, breed, sex, 
     and reproductive status of the dog; and
       ``(II) the ability to achieve a running stride; and

       ``(ii) is not a forced activity (other than a forced 
     activity used for veterinary treatment) or other physical 
     activity that is repetitive, restrictive of other activities, 
     solitary, and goal-oriented;
       ``(B) the provided area for exercise--
       ``(i) is separate from the primary enclosure if the primary 
     enclosure does not provide sufficient space to achieve a 
     running stride;
       ``(ii) has flooring that--

       ``(I) is sufficient to allow for the type of activity 
     described in subparagraph (A); and
       ``(II)(aa) is solid flooring; or
       ``(bb) is nonsolid, nonwire flooring, if the nonsolid, 
     nonwire flooring--

       ``(AA) is safe for the breed, size, and age of the dog;
       ``(BB) is free from protruding sharp edges; and
       ``(CC) is designed so that the paw of the dog is unable to 
     extend through or become caught in the flooring;
       ``(iii) is cleaned at least once each day;
       ``(iv) is free of infestation by pests or vermin; and
       ``(v) is designed in a manner to prevent escape of the 
     dogs.
       ``(2) Exemption.--
       ``(A) In general.--If a licensed veterinarian determines 
     that a dog should not exercise because of the health, 
     condition, or well-being of the dog, this subsection shall 
     not apply to that dog.
       ``(B) Documentation.--A determination described in 
     subparagraph (A) shall be--
       ``(i) documented by the veterinarian;
       ``(ii) subject to review and approval by the Secretary; and
       ``(iii) unless the basis for the determination is a 
     permanent condition, reviewed and updated at least once every 
     30 days by the veterinarian.
       ``(C) Reports.--A determination described in subparagraph 
     (A) shall be maintained by the dealer.''.

     SEC. 3. REGULATIONS.

       Not later than 1 year after the date of enactment of this 
     Act, the Secretary of Agriculture shall promulgate any 
     regulations that the Secretary determines to be necessary to 
     implement this Act and the amendments made by this Act.

     SEC. 4. EFFECT ON STATE LAW.

       Nothing in this Act or the amendments made by this Act 
     preempt any law (including a regulation) of a State, or a 
     political subdivision of a State, containing requirements 
     that provide equivalent or greater protection for animals 
     than the requirements of this Act or the amendments made by 
     this Act.
                                 ______
                                 
      By Ms. COLLINS (for herself, Ms. Mikulski, Ms. Murkowski, Ms. 
        Klobuchar, Ms. Ayotte, Ms. Stabenow, Mrs. Shaheen, Mrs. Murray, 
        Ms. Landrieu, Mrs. Boxer, and Mrs. Feinstein):
  S. 398. A bill to establish the Commission to Study the Potential 
Creation of a National Women's History Museum, and for other purposes; 
to the Committee on Energy and Natural Resources.
  Ms. COLLINS. Mr. President, I rise to introduce the National Women's 
History Museum Commission Act of 2013, a bill that would create a 
commission to evaluate and plan the establishment of a museum dedicated 
to women's history in our Nation's capital city. I appreciate the co-
sponsorship of Senators Milkulski, Murkowski, Klobuchar, Ayotte, 
Stabenow, Shaheen, Murray, Landrieu, Boxer, and Feinstein. 
  American women have made invaluable contributions to our country in 
such diverse fields as government, business, medicine, law, literature, 
sports, entertainment, the arts, and the military. The need for a 
museum recognizing the contributions of American women is long overdue.
  In 1999, a Presidential commission on commemorating women in American 
history concluded that: ``Efforts to implement an appropriate 
celebration of women's history in the next millennium should include 
the designation of a focal point for women's history in our Nation's 
Capital.''
  Although Congress has made commendable provisions for the National 
Museum for African American History and Culture, the National Law 
Enforcement Museum, and the National Museum of the American Indian, 
there is still no institution in the capital region dedicated to 
women's role in our country's history.
  This National Women's History Museum Commission Act would be a good 
step toward rectifying this oversight. The legislation is very 
straightforward and would simply establish a commission, similar to 
what was done for the African American History and Culture Museum, to 
develop a feasible plan for the establishment of such a museum in here 
in Washington, D.C. However, unlike previous museum commissions, 
taxpayers will not shoulder the funding of this project. The proposed 
legislation calls for the commission to fund its own costs.
  A museum dedicated to women's history would help ensure that future 
generations understand what we owe to the many generations of American 
women who have helped build, sustain, and advance our society. These 
key moments in history deserve a museum, which would present the 
stories of pioneering women like abolitionist Harriet Tubman, founder 
of the Girl Scouts Juliette Gordon Low, Supreme Court Justice Sandra 
Day O'Connor, astronaut Sally Ride, and Maine Senator Margaret Chase 
Smith.
  Of special pride to the State of Maine is a legendary predecessor in 
the Senate seat I now hold: Margaret Chase Smith who was the first 
woman nominated for President of the United States by a major political 
party, and the first woman elected to both houses of Congress. Senator 
Smith began representing Maine in the U.S. House of Representatives in 
1940, won election to the Senate in 1948, and enjoyed bipartisan 
respect over her long career for her independence, integrity, wisdom, 
and courage. She remains my role model and, through the example of her 
public service, an exemplar of the virtues that would be honored in the 
National Women's History Museum.
  Again, I urge my colleagues to support this legislation.
  Mr. President, 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. 398

       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 ``National Women's History 
     Museum Commission Act of 2013''.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Commission.--The term ``Commission'' means the 
     Commission to Study the Potential Creation of a National 
     Women's History Museum established by section 3(a).
       (2) Museum.--The term ``Museum'' means the National Women's 
     History Museum.

[[Page S946]]

     SEC. 3. ESTABLISHMENT OF COMMISSION.

       (a) In General.--There is established the Commission to 
     Study the Potential Creation of a National Women's History 
     Museum.
       (b) Membership.--The Commission shall be composed of 8 
     members, of whom--
       (1) 2 members shall be appointed by the majority leader of 
     the Senate;
       (2) 2 members shall be appointed by the Speaker of the 
     House of Representatives;
       (3) 2 members shall be appointed by the minority leader of 
     the Senate; and
       (4) 2 members shall be appointed by the minority leader of 
     the House of Representatives.
       (c) Qualifications.--Members of the Commission shall be 
     appointed to the Commission from among individuals, or 
     representatives of institutions or entities, who possess--
       (1)(A) a demonstrated commitment to the research, study, or 
     promotion of women's history, art, political or economic 
     status, or culture; and
       (B)(i) expertise in museum administration;
       (ii) expertise in fundraising for nonprofit or cultural 
     institutions;
       (iii) experience in the study and teaching of women's 
     history at the post-secondary level;
       (iv) experience in studying the issue of the representation 
     of women in art, life, history, and culture at the 
     Smithsonian Institution; or
       (v) extensive experience in public or elected service;
       (2) experience in the administration of, or the planning 
     for, the establishment of, museums; or
       (3) experience in the planning, design, or construction of 
     museum facilities.
       (d) Prohibition.--No employee of the Federal Government may 
     serve as a member of the Commission.
       (e) Deadline for Initial Appointment.--The initial members 
     of the Commission shall be appointed not later than the date 
     that is 90 days after the date of enactment of this Act.
       (f) Vacancies.--A vacancy in the Commission--
       (1) shall not affect the powers of the Commission; and
       (2) shall be filled in the same manner as the original 
     appointment was made.
       (g) Chairperson.--The Commission shall, by majority vote of 
     all of the members, select 1 member of the Commission to 
     serve as the Chairperson of the Commission.

     SEC. 4. DUTIES OF THE COMMISSION.

       (a) Reports.--
       (1) Plan of action.--The Commission shall submit to the 
     President and Congress a report containing the 
     recommendations of the Commission with respect to a plan of 
     action for the establishment and maintenance of a National 
     Women's History Museum in Washington, DC.
       (2) Report on issues.--The Commission shall submit to the 
     President and Congress a report that addresses the following 
     issues:
       (A) The availability and cost of collections to be acquired 
     and housed in the Museum.
       (B) The impact of the Museum on regional women history-
     related museums.
       (C) Potential locations for the Museum in Washington, DC, 
     and its environs (including the location located on public 
     land bounded by Independence Avenue SW., 14th Street SW., 
     15th Street SW., and Jefferson Drive SW., in Washington, DC, 
     that is established subject to chapter 89 of title 40, United 
     States Code (commonly known as the ``Commemorative Works 
     Act'')).
       (D) Whether the Museum should be part of the Smithsonian 
     Institution.
       (E) The governance and organizational structure from which 
     the Museum should operate.
       (F) Best practices for engaging women in the development 
     and design of the Museum.
       (G) The cost of constructing, operating, and maintaining 
     the Museum.
       (3) Deadline.--The reports required under paragraphs (1) 
     and (2) shall be submitted not later than the date that is 18 
     months after the date of the first meeting of the Commission.
       (b) Fundraising Plan.--
       (1) In general.--The Commission shall develop a fundraising 
     plan to support the establishment and maintenance of the 
     Museum through contributions from the public.
       (2) Considerations.--In developing the fundraising plan 
     under paragraph (1), the Commission shall consider--
       (A) the role of the National Women's History Museum (a 
     nonprofit, educational organization described in section 
     501(c)(3) of the Internal Revenue Code of 1986 that was 
     incorporated in 1996 in Washington, DC, and dedicated for the 
     purpose of establishing a women's history museum) in raising 
     funds for the construction of the Museum; and
       (B) issues relating to funding the operations and 
     maintenance of the Museum in perpetuity.
       (c) Legislation To Carry Out Plan of Action.--Based on the 
     recommendations contained in the report submitted under 
     paragraphs (1) and (2) of subsection (a), the Commission 
     shall submit for consideration to the Committees on 
     Transportation and Infrastructure, House Administration, 
     Natural Resources, and Appropriations of the House of 
     Representatives and the Committees on Rules and 
     Administration, Energy and Natural Resources, Environment and 
     Public Works, and Appropriations of the Senate 
     recommendations for a legislative plan of action to establish 
     and construct the Museum.
       (d) National Conference.--Not later than 18 months after 
     the date on which the initial members of the Commission are 
     appointed under section 3, the Commission may, in carrying 
     out the duties of the Commission under this section, convene 
     a national conference relating to the Museum, to be comprised 
     of individuals committed to the advancement of the life, art, 
     history, and culture of women.

     SEC. 5. DIRECTOR AND STAFF OF COMMISSION.

       (a) Director and Staff.--
       (1) In general.--The Commission may employ and compensate 
     an executive director and any other additional personnel that 
     are necessary to enable the Commission to perform the duties 
     of the Commission.
       (2) Rates of pay.--Rates of pay for persons employed under 
     paragraph (1) shall be consistent with the rates of pay 
     allowed for employees of a temporary organization under 
     section 3161 of title 5, United States Code.
       (b) Not Federal Employment.--Any individual employed under 
     this Act shall not be considered a Federal employee for the 
     purpose of any law governing Federal employment.
       (c) Technical Assistance.--
       (1) In general.--Subject to paragraph (2), on request of 
     the Commission, the head of a Federal agency may provide 
     technical assistance to the Commission.
       (2) Prohibition.--No Federal employees may be detailed to 
     the Commission.

     SEC. 6. ADMINISTRATIVE PROVISIONS.

       (a) Compensation.--
       (1) In general.--A member of the Commission--
       (A) shall not be considered to be a Federal employee for 
     any purpose by reason of service on the Commission; and
       (B) shall serve without pay.
       (2) Travel expenses.--A member of the Commission shall be 
     allowed a per diem allowance for travel expenses, at rates 
     consistent with the rates authorized under subchapter I of 
     chapter 57 of title 5, United States Code.
       (b) Gifts, Bequests, Devises.--The Commission may solicit, 
     accept, use, and dispose of gifts, bequests, or devises of 
     money, services, or real or personal property for the purpose 
     of aiding or facilitating the work of the Commission.
       (c) Federal Advisory Committee Act.--The Commission shall 
     not be subject to the Federal Advisory Committee Act (5 
     U.S.C. App.).

     SEC. 7. TERMINATION.

       The Commission shall terminate on the date that is 30 days 
     after the date on which the final versions of the reports 
     required under section 4(a) are submitted.

     SEC. 8. FUNDING.

       (a) In General.--The Commission shall be solely responsible 
     for acceptance of contributions for, and payment of the 
     expenses of, the Commission.
       (b) Prohibition.--No Federal funds may be obligated to 
     carry out this Act.

                          ____________________