I

104TH CONGRESS

2D SESSION H. R. 3393

To amend the Animal Welfare Act to prevent the crime of pet theft.

IN THE HOUSE OF REPRESENTATIVES

MAY 7, 1996

Mr. FOX of Pennsylvania (for himself and Mr. LANTOS, Mr. ABERCROMBIE,

Mr. ANDREWS, Mr. BALLENGER, Mr. BRYANT of Tennessee, Mr. CALVERT, Mr. CAMPBELL, Mr. CHABOT, Mr. DELLUMS, Mr. DOYLE, Mr.

ENGEL, Mr. FARR of California, Mr. FOLEY, Mr. HEINEMAN, Mr. HOLDEN, Mr. HORN, Mr. JACOBS, Mrs. KELLY, Mr. KLECZKA, Mr.

LATOURETTE, Mr. LEACH, Mr. LEWIS of Georgia, Mr. LIPINSKI, Ms.

LOFGREN, Mr. MANTON, Mr. MILLER of California, Mrs. MINK of Hawaii, Mr. PALLONE, Mr. SMITH of New Jersey, Mr. TORRES, Mr.

POSHARD, and Mr. BARCIA) introduced the following bill; which was referred to the Committee on Agriculture

A BILL

To amend the Animal Welfare Act to prevent the crime

of pet theft.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘Family Pet Protection Act of 1996’’.

6 (b) TABLE OF CONTENTS.—The table of contents of

7 this Act is as follows:
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Sec. 1. Short title; table of contents.

Sec. 2. Restriction on sources of dogs and cats for research or educational purposes.

Sec. 3. Restriction on sale, donation, offer, or lease of dogs and cats.

Sec. 4. Definition of pound.

Sec. 5. Additional requirements for pounds.

Sec. 6. Registration requirement.

Sec. 7. Holding period.

Sec. 8. Signed release form requirement.

Sec. 9. Verification of identity of person relinquishing a dog or cat.

Sec. 10. Identifying photograph requirement.

Sec. 11. Certification requirement for pounds.

Sec. 12. Prohibition against transfer of dogs or cats between pounds.

Sec. 13. Pound employees treated as agents.

Sec. 14. Penalties for certain violations.

Sec. 15. Injunctions against pounds.

Sec. 16. Relationship to state law.

Sec. 17. Effective date.

1 SEC. 2. RESTRICTIONS ON SOURCES OF DOGS AND CATS

2 FOR RESEARCH OR EDUCATIONAL PUR3 POSES.

4 (a) IN GENERAL.—Section 7 of the Animal Welfare

5 Act (7 U.S.C. 2137) is amended to read as follows:

6 ‘‘SEC. 7. RESTRICTIONS ON SOURCES OF DOGS AND CATS

7 FOR RESEARCH OR EDUCATIONAL PUR8 POSES.

9 ‘‘(a) RESTRICTION APPLICABLE TO RESEARCH FA10 CILITIES.—It shall be unlawful for any research facility

11 to purchase, lease, or acquire in a calendar year a live

12 or dead dog or cat, in or affecting commerce, for research

13 or educational purposes, except from—

14 ‘‘(1) a licensed dealer who bred and raised the

15 dog or cat;
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1 ‘‘(2) a pound that is in compliance with sections

2 6, 28, and 30, and that acquired the dog or cat from

3 the legal owner of the dog or cat;

4 ‘‘(3) a person who bred and raised the dog or

5 cat and donated during the calendar year not more

6 than 1 animal to a research facility or Federal re7 search facility;

8 ‘‘(4) a research facility that is registered with

9 the Department of Agriculture; or

10 ‘‘(5) a Federal, State, or local government

11 agency which is not a pound.

12 ‘‘(b) RESTRICTION APPLICABLE TO FEDERAL RE13 SEARCH FACILITIES.—It shall be unlawful for an individ14 ual acting as an employee or agent of a Federal research

15 facility to acquire a dog or cat for research or educational

16 purposes, except from an entity from which a research fa17 cility may do so.’’.

18 (b) CONFORMING AMENDMENT.—Section 8 of such

19 Act (7 U.S.C. 2138) is amended by striking ‘‘research or

20 experimentation or’’.

21 SEC. 3. RESTRICTION ON SALE, DONATION, OFFER, OR

22 LEASE OF DOGS AND CATS FOR RESEARCH

23 OR EDUCATIONAL PURPOSES.

24 The Animal Welfare Act (7 U.S.C. 2131–2159) is

25 amended by inserting after section 17 the following:
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1 ‘‘SEC. 18. RESTRICTION ON SALE, DONATION, OFFER, OR

2 LEASE OF DOGS AND CATS FOR RESEARCH

3 OR EDUCATIONAL PURPOSES.

4 ‘‘Notwithstanding any other provision of this Act, a

5 person may not sell, donate, offer, or lease any live or dead

6 dog or cat, in or affecting commerce, to a research facility

7 or Federal research facility for research or educational

8 purposes unless the person is—

9 ‘‘(1) a licensed dealer who bred and raised the

10 dog or cat;

11 ‘‘(2) a pound that is in compliance with sections

12 6, 28, and 30, and that acquired the dog or cat from

13 the legal owner of the dog or cat;

14 ‘‘(3) a person who bred and raised the dog or

15 cat and donated during the calendar year not more

16 than 1 animal to a research facility or Federal re17 search facility;

18 ‘‘(4) a research facility that is registered with

19 the Department of Agriculture; or

20 ‘‘(5) a Federal, State, or local government

21 agency which is not a pound.’’.

22 SEC. 4. DEFINITION OF POUND.

23 (a) IN GENERAL.—Section 2 of the Animal Welfare

24 Act (7 U.S.C. 2132) is amended—

25 (1) in subsection (n), by striking ‘‘and’’;
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1 (2) in subsection (o), by striking the period and

2 inserting ‘‘; and’’; and

3 (3) by adding at the end the following:

4 ‘‘(p) The term ‘pound’ means a facility (including a

5 shelter)—

6 ‘‘(1) which operates for the purpose of caring

7 for stray animals; and

8 ‘‘(2) which is owned or operated by, or provides

9 services under a contract to, a State or a political

10 subdivision of a State.’’.

11 (b) CONFORMING AMENDMENTS.—

12 (1) Section 28(a)(2)(A) of such Act (7 U.S.C.

13 2158(a)(2)(A)) is amended to read as follows:

14 ‘‘(A) each pound;’’.

15 (2) Section 28(a)(2)(B) of such Act (7 U.S.C.

16 2158(a)(2)(B) is amended—

17 (A) by inserting a comma after ‘‘city’’ and

18 ‘‘pound’’; and

19 (B) by striking ‘‘or shelter’’.

20 SEC. 5. ADDITIONAL REQUIREMENTS FOR POUNDS.

21 The Animal Welfare Act (7 U.S.C. 2131–2159) is

22 amended by adding at the end the following:

23 ‘‘SEC. 30. ADDITIONAL REQUIREMENTS FOR POUNDS.

24 ‘‘(a) PUBLIC ACCESS.—
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1 ‘‘(1) TIMES.—A pound that releases a dog or

2 cat to a research facility or Federal research facility

3 shall be open to the public—

4 ‘‘(A) on 1 day of each weekend for a mini5 mum of 3 hours; and

6 ‘‘(B) until 6 o’clock post meridian at least

7 1 weekday per week.

8 ‘‘(2) RECORDS.—A pound that releases a dog

9 or cat to a research facility or Federal research fa10 cility shall maintain, and provide to the public access

11 to, the records of the acquisition and disposition of

12 every dog and cat received by the pound.

13 ‘‘(b) SCREENING AND TRAINING OF POUND EMPLOY14 EES AND APPLICANTS.—

15 ‘‘(1) EMPLOYEES.—A pound that releases a

16 dog or cat to a research facility or Federal research

17 facility shall—

18 ‘‘(A) require that every employee (whether

19 paid or unpaid) sign a form attesting—

20 ‘‘(i) that the employee has not been

21 convicted of a crime relating to animal

22 theft or cruelty to animals; and

23 ‘‘(ii) that the employee understands

24 that if the pound discovers that the em25 ployee has been convicted of a crime relat-
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1 ing to animal theft or cruelty to animals,

2 the employee will be immediately dismissed

3 from employment;

4 ‘‘(B) terminate the employment of any

5 such employee whom the pound discovers has

6 been convicted of a crime relating to animal

7 theft or cruelty to animals;

8 ‘‘(C) train each such employee in the iden9 tification of the breeds of dogs and cats and in

10 basic procedures for the maintenance of health

11 and hygiene of dogs and cats; and

12 ‘‘(D) require that every such employee

13 pass a test, which shall be developed by the De14 partment of Agriculture, in the identification of

15 breeds of dogs and cats and in basic procedures

16 for the maintenance of health and hygiene of

17 dogs and cats.

18 ‘‘(2) APPLICANTS.—Before hiring an applicant

19 for a position with the pound, a pound that releases

20 a dog or cat to a research facility or Federal re21 search facility shall—

22 ‘‘(A) require that the applicant sign a form

23 attesting—
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1 ‘‘(i) that the applicant has not been

2 convicted of a crime relating to animal

3 theft or cruelty to animals; and

4 ‘‘(ii) that the applicant understands

5 that if the pound discovers that the em6 ployee or applicant has been convicted of a

7 crime relating to animal theft or cruelty to

8 animals, the applicant will be immediately

9 disqualified from employment; and

10 ‘‘(B) deny employment to any such appli11 cant whom the pound discovers has been con12 victed of a crime relating to animal theft or

13 cruelty to animals.

14 ‘‘(c) FINE.—In addition to any penalty under section

15 28, the Secretary shall impose a minimum fine of $1,000

16 on any person who violates this section, for each such vio17 lation.’’.

18 SEC. 6. REGISTRATION REQUIREMENT.

19 Section 6 of the Animal Welfare Act (7 U.S.C. 2136)

20 is amended by inserting ‘‘every pound that provides a dog

21 or cat to a research facility or Federal research facility,’’

22 after ‘‘research facility,’’.

23 SEC. 7. HOLDING PERIOD.

24 Section 28(a)(1) the Animal Welfare Act (7 U.S.C.

25 2158(a)(1)) is amended—
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1 (1) by striking ‘‘five days’’ and inserting ‘‘10

2 days (excluding the day such dog or cat is acquired

3 and any day such entity is not open to the public)’’;

4 and

5 (2) by inserting ‘‘or provides such dog or cat to

6 a research facility or Federal research facility’’ after

7 ‘‘dealer’’.

8 SEC. 8. SIGNED RELEASE FORM REQUIREMENT.

9 (a) IN GENERAL.—Section 28(b)(2)(D) of the Ani10 mal Welfare Act (7 U.S.C. 2158(b)(2)(D)) is amended to

11 read as follows:

12 ‘‘(D) the name and address of the entity

13 from which the dealer or pound acquired the

14 dog or cat, and a separate, standard release

15 form which—

16 ‘‘(i) is issued by the Department of

17 Agriculture;

18 ‘‘(ii) states in print, set in 12-point

19 type or larger, that the dog or cat may be

20 used for research or educational purposes;

21 and

22 ‘‘(iii) is signed by the person or entity

23 releasing the dog or cat;’’.

24 (b) EXCEPTION FOR DOGS AND CATS TO BE ADOPT25 ED OR EUTHANIZED.—Section 28(b) of such Act (7
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1 U.S.C. 2158(b)) is amended by redesignating paragraphs

2 (3), (4), and (5) as paragraphs (4), (5), and (6), respec3 tively, and by inserting after paragraph (2) the following:

4 ‘‘(3) PERMITTED TREATMENT OF A DOG OR

5 CAT FOR WHICH A POUND DOES NOT PROVIDE THE

6 REQUIRED RELEASE FORM.—Paragraph (2)(D) shall

7 not apply to the release of a random source dog or

8 cat for adoption or humane euthanization.’’.

9 SEC. 9. VERIFICATION OF IDENTITY OF PERSON RELIN10 QUISHING A DOG OR CAT.

11 Section 28(b)(4) of the Animal Welfare Act (7 U.S.C.

12 2158(b)(4)), as so redesignated by section 8(b) of this Act,

13 is amended—

14 (1) by inserting after ‘‘RECORDS.—’’ the follow15 ing:

16 ‘‘(A) CERTIFICATION.—’’;

17 (2) by indenting the 2 sentences beginning with

18 ‘‘The’’ 2 ems to the right; and

19 (3) by adding at the end the following:

20 ‘‘(B) VERIFICATION OF IDENTITY OF PER21 SON RELEASING A DOG OR CAT.—A pound may

22 not release a dog or cat to a research facility

23 or Federal research facility unless, when the

24 dog or cat was released to the pound—
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1 ‘‘(i) the person who so released the

2 dog or cat presented to the pound a rabies

3 certificate or veterinary record for the dog

4 or cat; and

5 ‘‘(ii) the pound verified that the name

6 appearing on the form of identification

7 presented by the person and the name of

8 the owner of the dog or cat on the rabies

9 certificate or veterinary record matched.’’.

10 SEC. 10. IDENTIFYING PHOTOGRAPH REQUIREMENT.

11 Section 28(b)(2)(C) of the Animal Welfare Act (7

12 U.S.C. 2158(b)(2)(C)) is amended—

13 (1) by striking ‘‘and’’ at the end of clause (iv);

14 and

15 (2) by redesignating clause (v) as clause (vi)

16 and inserting after clause (iv) the following:

17 ‘‘(v) 1 or more color photographs of the

18 dog or cat, clearly showing the face of the dog

19 or cat and any distinguishing markings; and’’.

20 SEC. 11. CERTIFICATION REQUIREMENT FOR POUNDS.

21 Section 28 of the Animal Welfare Act (7 U.S.C.

22 2158) is amended—

23 (1) in subsections (b)(1), (b)(2)(A), (b)(4) (as

24 so redesignated by section 8(b) of this Act), and
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1 (c)(2), by inserting ‘‘or pound’’ after ‘‘dealer’’ each

2 place such term appears; and

3 (2) in subsection (b)(2)(F), by striking ‘‘or

4 shelter’’.

5 SEC. 12. PROHIBITION AGAINST TRANSFER OF DOGS OR

6 CATS BETWEEN POUNDS.

7 Section 28(b)(5) of the Animal Welfare Act (7 U.S.C.

8 2158(b)(5)), as so redesignated by section 8(b) of this Act,

9 is amended—

10 (1) by inserting after ‘‘TRANSFERS.—’’ the fol11 lowing:

12 ‘‘(A) TRANSFERS BETWEEN RESEARCH FA13 CILITIES.—’’;

14 (2) by indenting the sentence beginning with

15 ‘‘In’’ 2 ems to the right; and

16 (3) by adding at the end the following:

17 ‘‘(B) TRANSFERS BETWEEN POUNDS.—A

18 pound may not release a dog or cat to another

19 pound that allows the release of a dog or cat to

20 a research facility or Federal research facility.’’.

21 SEC. 13. POUND EMPLOYEES TREATED AS AGENTS.

22 Section 9 of the Animal Welfare Act (7 U.S.C. 2139)

23 is amended—

24 (1) by inserting ‘‘or a pound,’’ after ‘‘an inter25 mediate handler,’’; and
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1 (2) by inserting ‘‘pound,’’ after ‘‘, intermediate

2 handler,’’.

3 SEC. 14. PENALTIES FOR CERTAIN VIOLATIONS.

4 Section 28(c)(2) of the Animal Welfare Act (7 U.S.C.

5 2158(c)(2)) is amended by striking ‘‘subject to a fine of’’

6 and inserting ‘‘imprisoned for 6 months and fined’’.

7 SEC. 15. INJUNCTIONS AGAINST POUNDS.

8 Section 29 of the Animal Welfare Act (7 U.S.C.

9 2159) is amended by inserting ‘‘pound,’’ after ‘‘exhibitor,’’

10 each place such term appears.

11 SEC. 16. RELATIONSHIP TO STATE LAW.

12 The Animal Welfare Act (7 U.S.C. 2131–2159) is

13 amended by adding after section 30, as added by section

14 5 of this Act, the following:

15 ‘‘SEC. 31. RELATIONSHIP TO STATE LAW.

16 ‘‘This Act shall not be construed to supersede any

17 State law or local ordinance that prohibits a pound from

18 selling, donating, or offering a dog or cat to a research

19 facility or Federal research facility.’’.

20 SEC. 17. EFFECTIVE DATE.

21 The amendments made by this Act shall take effect

22 1 year after the date of the enactment of this Act.

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