[Congressional Record Volume 167, Number 72 (Tuesday, April 27, 2021)]
[Senate]
[Pages S2227-S2228]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DURBIN (for himself, Mr. Carper, Mrs. Shaheen, Mr. 
        Blumenthal, Ms. Warren, Mr. Leahy, Mrs. Feinstein, Mr. Casey, 
        Mr. Reed, Ms. Smith, Mr. Booker, Mrs. Gillibrand, and Mr. 
        Merkley):
  S. 1385. A bill to amend the Animal Welfare Act to establish 
additional requirements for dealers, and for other purposes; to the 
Committee on Agriculture, Nutrition, and Forestry.
  Mr. DURBIN. 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. 1385

       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 Protection Act of 
     2021''.

     SEC. 2. ADDITIONAL REQUIREMENTS FOR DEALERS.

       (a) Humane Treatment of Dogs by Dealers.--Section 13(a) of 
     the Animal Welfare Act (7 U.S.C. 2143(a)) is amended by 
     adding at the end the following:
       ``(9) In addition to the requirements under paragraph (2), 
     the standards described in paragraph (1) shall, with respect 
     to dealers, include requirements--
       ``(A) that the dealer provide adequate housing for dogs 
     that includes--
       ``(i) completely solid flooring;
       ``(ii) indoor space sufficient to allow the tallest dog in 
     an enclosure to stand on his or her hind legs without 
     touching the roof of the enclosure;
       ``(iii) with respect to dogs over 8 weeks in age, primary 
     enclosures that, with the length of the dog measured from the 
     tip of the nose to the base of the tail, provide at least--
       ``(I) 12 square feet of indoor floor space per each dog 
     measuring not more than 25 inches long;
       ``(II) 20 square feet of indoor floor space per each dog 
     measuring more than 25 but less than 35 inches long; and
       ``(III) 30 square feet of indoor floor space per each dog 
     measuring not less than 35 inches long;
       ``(iv) enclosures that are not stacked or otherwise placed 
     on top of or below another enclosure; and
       ``(v) temperature control that--
       ``(I) is appropriate for the age, breed, and condition of 
     each dog in the enclosure; and
       ``(II) is between 45 and 85 degrees Fahrenheit, when dogs 
     are present in the enclosure;
       ``(B) that appropriate and nutritious food be provided to 
     each dog at least twice per day, in an amount sufficient to 
     maintain the good health and physical condition of each dog;
       ``(C) that each dog has continuous access to potable water 
     that is not frozen and is free of feces, algae, and other 
     contaminants;
       ``(D) that each dog has adequate exercise, including, for 
     each dog over the age of 12 weeks--
       ``(i) except as provided in clause (ii), unrestricted 
     access from the primary enclosure of the dog during daylight 
     hours to an outdoor exercise area that--
       ``(I) is at ground-level;
       ``(II) is a solid surface;
       ``(III) is enclosed by a fence or other structure;
       ``(IV) is properly controlled for the safety of the dog; 
     and
       ``(V) allows the dog to extend to full stride, play, and 
     engage in other types of mentally stimulating and social 
     behaviors; or
       ``(ii) if the dealer obtains a certification from the 
     attending veterinarian stating that a dog should not have 
     unrestricted access to an outdoor exercise area for a 
     specific medical reason, an alternative exercise plan 
     prescribed by the veterinarian for the dog that meets the 
     applicable requirements under section 3.8 of title 9, Code of 
     Federal Regulations (or successor regulations);
       ``(E) that each dog has meaningful socialization with 
     humans and compatible dogs for at least 30 minutes each day 
     that--
       ``(i) includes positive interaction with a human such as 
     petting, stroking, grooming, feeding, playing with, 
     exercising, or other touching of the dog that is beneficial 
     to the well-being of the dog; and
       ``(ii) does not include time spent in veterinary care;
       ``(F) that each dog receives adequate veterinary care, 
     including--
       ``(i) prompt treatment of any disease, illness, or injury 
     by a licensed veterinarian;
       ``(ii) a thorough, hands-on examination by a licensed 
     veterinarian at least once each year, which shall include a 
     dental exam;
       ``(iii) core vaccinations recommended by the latest version 
     of the American Animal Hospital Association Canine 
     Vaccination Guidelines; and
       ``(iv) medications to prevent intestinal parasites, 
     heartworm disease, fleas, and ticks that are approved by a 
     licensed veterinarian for canine use;
       ``(G) with respect to safe breeding practices for dogs, 
     including--
       ``(i) a screening program for known prevalent inheritable 
     diseases that may be disabling or likely to significantly 
     affect the

[[Page S2228]]

     lifespan or quality of life of the mother or the offspring;
       ``(ii) prohibiting breeding, unless each dog bred--
       ``(I) has been screened by a licensed veterinarian prior to 
     each attempt to breed; and
       ``(II) is found in the screening under subclause (I) to be 
     free from health conditions that may be disabling to, or 
     likely to significantly affect the lifespan or quality of 
     life of, the mother or the offspring;
       ``(iii) prohibiting the breeding of a female dog to 
     produce--
       ``(I) more than 2 litters in any 18-month period; or
       ``(II) more than 6 litters during the lifetime of the dog;
       ``(iv) that a female dog of any small breed (having a 
     maximum weight range at maturity that is less than 40 pounds) 
     not be bred--
       ``(I) before reaching the age of 18 months; or
       ``(II) after reaching the age of 9 years;
       ``(v) that a female dog of any large breed (having an 
     expected weight range at maturity that includes 40 or more 
     pounds) not be bred--
       ``(I) before reaching the age of 2 years; or
       ``(II) after reaching the age of 7 years; and
       ``(vi) that any canine caesarian section be performed by a 
     licensed veterinarian;
       ``(H) that dogs be housed with other dogs, unless health or 
     behavioral issues make group housing unsafe; and
       ``(I) to make all reasonable efforts to find humane 
     placement for retired breeding dogs--
       ``(i) such as with an adoptive family, rescue organization, 
     or other appropriate owner for that dog; and
       ``(ii) not including selling at auction or otherwise 
     placing a retired breeding dog with another breeder for 
     breeding purposes.''.
       (b) Conforming Amendment.--Section 13(a)(2)(B) of the 
     Animal Welfare Act (7 U.S.C. 2143(a)(2)(B)) is amended by 
     inserting ``subject to paragraph (9),'' before ``for exercise 
     of dogs''.
       (c) Regulations.--Not later than 18 months after the date 
     of enactment of this Act, the Secretary shall issue final 
     regulations establishing the standards for the care of dogs 
     by dealers, as required by this section and the amendments 
     made by this section.
                                 ______