II

105TH CONGRESS

2D SESSION S. 2202

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

by research facilities are obtained legally.

IN THE SENATE OF THE UNITED STATES

JUNE 23, 1998

Mr. AKAKA (for himself, Mr. INOUYE, Mr. LEVIN, Ms. MOSELEY-BRAUN, Ms.

LANDRIEU, and Mr. KENNEDY) 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.

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 1998’’.

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:
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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 (d).

12 ‘‘(c) SELLING, DONATING, OR OFFERING DOGS AND

13 CATS.—No person, other than a person described in sub14 section (d), may sell, donate, or offer a dog or cat to any

15 research facility or Federal research facility.

16 ‘‘(d) PERMISSIBLE SOURCES.—A person from whom

17 a research facility or a Federal research facility may ob18 tain a dog or cat for research or educational purposes

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

20 or offer a dog or cat to a research facility or a Federal

21 research facility under subsection (c), shall be—

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

23 bred and raised the dog or cat;

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

25 shelter that—
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1 ‘‘(A) is registered with the Department of

2 Agriculture;

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

4 and with the requirements for dealers in sub5 sections (b) and (c) of section 28; and

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

7 owner, other than a pound or shelter;

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

9 and that—

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

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

12 than 1 year immediately preceding the dona13 tion;

14 ‘‘(4) a research facility licensed by the Depart15 ment of Agriculture; and

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

17 Department of Agriculture.

18 ‘‘(e) PENALTIES.—

19 ‘‘(1) IN GENERAL.—A person that violates this

20 section shall pay $1000 for each violation.

21 ‘‘(2) ADDITIONAL PENALTY.—A penalty under

22 this subsection shall be in addition to any other ap23 plicable penalty and shall be imposed whether or not

24 the Secretary imposes any other penalty.
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1 ‘‘(f) NO REQUIRED SALE OR DONATION.—Nothing

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

3 or offer a dog or cat to a research facility or Federal re4 search facility.’’.

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

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

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

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

9 (2) by striking ‘‘research or experimentation

10 or’’; and

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

12 ‘‘that purpose’’.

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

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

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

16 Federal research facility’’.

17 SEC. 3. EFFECTIVE DATE.

18 The amendments made by section 2 take effect 90

19 days after the date of enactment of this Act.

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