II

104TH CONGRESS

2D SESSION S. 2114

To amend the Animal Welfare Act to ensure that all dogs and cats used

by research facilities are obtained legally, and for other purposes.

IN THE SENATE OF THE UNITED STATES

SEPTEMBER 24, 1996

Mr. AKAKA introduced the following bill; which was read twice and referred

to the Committee on Agriculture, Nutrition, and Forestry

A BILL

To amend the Animal Welfare Act to ensure that all dogs

and cats used by research facilities are obtained legally,

and for other purposes.

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.

4 This Act may be cited as the ‘‘Pet Safety and Protec5 tion Act of 1996’’.

6 SEC. 2. PROTECTION OF PETS.

7 (a) RESEARCH FACILITIES.—Section 7 of the Animal

8 Welfare Act (7 U.S.C. 2137) is amended to read as fol9 lows:
2

•S 2114 IS

1 ‘‘SEC. 7. SOURCES OF DOGS AND CATS FOR RESEARCH FA2 CILITIES.

3 ‘‘(a) DEFINITION OF PERSON.—In this section, the

4 term ‘person’ means any individual, partnership, firm,

5 joint stock company, corporation, association, trust, es6 tate, pound, shelter, or other legal entity.

7 ‘‘(b) USE OF DOGS AND CATS.—No research facility

8 or Federal research facility may use a dog or cat for re9 search or educational purposes if the dog or cat was ob10 tained from a person other than a person described in sub11 section (c).

12 ‘‘(c) PERMISSIBLE SOURCES.—A person from whom

13 a research facility or a Federal research facility may ob14 tain a dog or cat for research or educational purposes

15 under subsection (b), and a person who may sell or donate

16 a dog or cat to a research facility or a Federal research

17 facility under subsection (d), shall be—

18 ‘‘(1) a dealer licensed under section 3 that has

19 bred and raised the dog or cat;

20 ‘‘(2) a publicly owned and operated pound or

21 shelter that—

22 ‘‘(A) is registered with the Department of

23 Agriculture;

24 ‘‘(B) is in compliance with section 28(a)(1)

25 and with the requirements for dealers in sub26 sections (b) and (c) of section 28; and
3

•S 2114 IS

1 ‘‘(C) obtained the dog or cat from its legal

2 owner, other than a pound or shelter;

3 ‘‘(3) a person that is donating the dog or cat

4 and that—

5 ‘‘(A) bred and raised the dog or cat; or

6 ‘‘(B) owned the dog or cat for not less

7 than 1 year immediately preceding the dona8 tion;

9 ‘‘(4) a research facility licensed by the Depart10 ment of Agriculture; or

11 ‘‘(5) a Federal research facility licensed by the

12 Department of Agriculture.

13 ‘‘(d) PROHITION ON SALE OR DONATION OF DOGS

14 AND CATS.—No person, other than a person described in

15 subsection (c), may sell or donate, or offer for sale or do16 nation, a dog or cat to any research facility or Federal

17 research facility.

18 ‘‘(e) PENALTIES.—A person that violates this section

19 shall pay $1,000 for each violation.

20 ‘‘(f) NO REQUIRED SALE OR DONATION.—Nothing

21 in this section requires a pound or shelter to sell or donate,

22 or offer to sell or donate, a dog or cat to a research facility

23 or a Federal research facility.’’.

24 (b) FEDERAL RESEARCH FACILITIES.—Section 8 of

25 the Animal Welfare Act (7 U.S.C. 2138) is amended—
4

•S 2114 IS

1 (1) by striking ‘‘No department’’ and inserting

2 ‘‘Except as provided in section 7, no department’’;

3 (2) by striking ‘‘research or experimentation

4 or’’; and

5 (3) by striking ‘‘such purposes’’ and inserting

6 ‘‘that purpose’’.

7 (c) CERTIFICATION.—Section 28(b)(1) of the Animal

8 Welfare Act (7 U.S.C. 2158(b)(1)) is amended by striking

9 ‘‘individual or entity’’ and inserting ‘‘research facility or

10 Federal research facility’’.

11 SEC. 3. EFFECTIVE DATE.

12 The amendments made by section 2 shall become ef13 fective 90 days after the date of enactment of this Act.

Æ