[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.
____________________