ing to animal theft or cruelty to animals,
the employee will be immediately dismissed
from employment;
‘‘(B) terminate the employment of any
such employee whom the pound discovers has
been convicted of a crime relating to animal
theft or cruelty to animals;
‘‘(C) train each such employee in the iden-
tification of the breeds of dogs and cats and in
basic procedures for the maintenance of health
and hygiene of dogs and cats; and
‘‘(D) require that every such employee
pass a test, which shall be developed by the De-
partment of Agriculture, in the identification of
breeds of dogs and cats and in basic procedures
for the maintenance of health and hygiene of
dogs and cats.
‘‘(2) APPLICANTS.—Before hiring an applicant
for a position with the pound, a pound that releases
a dog or cat to a research facility or Federal re-
search facility shall—
‘‘(A) require that the applicant sign a form
attesting—
‘‘(i) that the applicant has not been
convicted of a crime relating to animal
theft or cruelty to animals; and
‘‘(ii) that the applicant understands
that if the pound discovers that the em-
ployee or applicant has been convicted of a
crime relating to animal theft or cruelty to
animals, the applicant will be immediately
disqualified from employment; and
‘‘(B) deny employment to any such appli-
cant whom the pound discovers has been con-
victed of a crime relating to animal theft or
cruelty to animals.
‘‘(c) FINE.—In addition to any penalty under section
28, the Secretary shall impose a minimum fine of $1,000
on any person who violates this section, for each such vio-
lation.’’.
SEC. 6. REGISTRATION REQUIREMENT.
Section 6 of the Animal Welfare Act (7 U.S.C. 2136)
is amended by inserting ‘‘every pound that provides a dog
or cat to a research facility or Federal research facility,’’
after ‘‘research facility,’’.
SEC. 7. HOLDING PERIOD.
Section 28(a)(1) the Animal Welfare Act (7 U.S.C.
2158(a)(1)) is amended—
(1) by striking ‘‘five days’’ and inserting ‘‘10
days (excluding the day such dog or cat is acquired
and any day such entity is not open to the public)’’;
and
(2) by inserting ‘‘or provides such dog or cat to
a research facility or Federal research facility’’ after
‘‘dealer’’.
SEC. 8. SIGNED RELEASE FORM REQUIREMENT.
(a) IN GENERAL.—Section 28(b)(2)(D) of the Ani-
mal Welfare Act (7 U.S.C. 2158(b)(2)(D)) is amended to
read as follows:
‘‘(D) the name and address of the entity
from which the dealer or pound acquired the
dog or cat, and a separate, standard release
form which—
‘‘(i) is issued by the Department of
Agriculture;
‘‘(ii) states in print, set in 12-point
type or larger, that the dog or cat may be
used for research or educational purposes;
and
‘‘(iii) is signed by the person or entity
releasing the dog or cat;’’.
(b) EXCEPTION FOR DOGS AND CATS TO BE ADOPT-
ED
OR EUTHANIZED.—Section 28(b) of such Act (7
U.S.C. 2158(b)) is amended by redesignating paragraphs
(3), (4), and (5) as paragraphs (4), (5), and (6), respec-
tively, and by inserting after paragraph (2) the following:
‘‘(3) PERMITTED
TREATMENT
OF
A
DOG
OR
CAT FOR WHICH A POUND DOES NOT PROVIDE THE
REQUIRED RELEASE FORM.—Paragraph (2)(D) shall
not apply to the release of a random source dog or
cat for adoption or humane euthanization.’’.
SEC. 9. VERIFICATION OF IDENTITY OF PERSON RELIN-
QUISHING A DOG OR CAT.
Section 28(b)(4) of the Animal Welfare Act (7 U.S.C.
2158(b)(4)), as so redesignated by section 8(b) of this Act,
is amended—
(1) by inserting after ‘‘RECORDS.—’’ the follow-
ing:
‘‘(A) CERTIFICATION.—’’;
(2) by indenting the 2 sentences beginning with
‘‘The’’ 2 ems to the right; and
(3) by adding at the end the following:
‘‘(B) VERIFICATION OF IDENTITY OF PER-
SON RELEASING A DOG OR CAT.—A pound may
not release a dog or cat to a research facility
or Federal research facility unless, when the
dog or cat was released to the pound—
‘‘(i) the person who so released the
dog or cat presented to the pound a rabies
certificate or veterinary record for the dog
or cat; and
‘‘(ii) the pound verified that the name
appearing on the form of identification
presented by the person and the name of
the owner of the dog or cat on the rabies
certificate or veterinary record matched.’’.
SEC. 10. IDENTIFYING PHOTOGRAPH REQUIREMENT.
Section 28(b)(2)(C) of the Animal Welfare Act (7
U.S.C. 2158(b)(2)(C)) is amended—
(1) by striking ‘‘and’’ at the end of clause (iv);
and
(2) by redesignating clause (v) as clause (vi)
and inserting after clause (iv) the following:
‘‘(v) 1 or more color photographs of the
dog or cat, clearly showing the face of the dog
or cat and any distinguishing markings; and’’.
SEC. 11. CERTIFICATION REQUIREMENT FOR POUNDS.
Section 28 of the Animal Welfare Act (7 U.S.C.
2158) is amended—
(1) in subsections (b)(1), (b)(2)(A), (b)(4) (as
so redesignated by section 8(b) of this Act), and
(c)(2), by inserting ‘‘or pound’’ after ‘‘dealer’’ each
place such term appears; and
(2) in subsection (b)(2)(F), by striking ‘‘or
shelter’’.
SEC. 12. PROHIBITION AGAINST TRANSFER OF DOGS OR
CATS BETWEEN POUNDS.
Section 28(b)(5) of the Animal Welfare Act (7 U.S.C.
2158(b)(5)), as so redesignated by section 8(b) of this Act,
is amended—
(1) by inserting after ‘‘TRANSFERS.—’’ the fol-
lowing:
‘‘(A) TRANSFERS BETWEEN RESEARCH FA-
CILITIES.—’’;
(2) by indenting the sentence beginning with
‘‘In’’ 2 ems to the right; and
(3) by adding at the end the following:
‘‘(B) TRANSFERS BETWEEN POUNDS.—A
pound may not release a dog or cat to another
pound that allows the release of a dog or cat to
a research facility or Federal research facility.’’.
SEC. 13. POUND EMPLOYEES TREATED AS AGENTS.
Section 9 of the Animal Welfare Act (7 U.S.C. 2139)
is amended—
(1) by inserting ‘‘or a pound,’’ after ‘‘an inter-
mediate handler,’’; and
(2) by inserting ‘‘pound,’’ after ‘‘, intermediate
handler,’’.
SEC. 14. PENALTIES FOR CERTAIN VIOLATIONS.
Section 28(c)(2) of the Animal Welfare Act (7 U.S.C.
2158(c)(2)) is amended by striking ‘‘subject to a fine of’’
and inserting ‘‘imprisoned for 6 months and fined’’.
SEC. 15. INJUNCTIONS AGAINST POUNDS.
Section 29 of the Animal Welfare Act (7 U.S.C.
2159) is amended by inserting ‘‘pound,’’ after ‘‘exhibitor,’’
each place such term appears.
SEC. 16. RELATIONSHIP TO STATE LAW.
The Animal Welfare Act (7 U.S.C. 2131–2159) is
amended by adding after section 30, as added by section
5 of this Act, the following:
‘‘SEC. 31. RELATIONSHIP TO STATE LAW.
‘‘This Act shall not be construed to supersede any
State law or local ordinance that prohibits a pound from
selling, donating, or offering a dog or cat to a research
facility or Federal research facility.’’.
SEC. 17. EFFECTIVE DATE.
The amendments made by this Act shall take effect
1 year after the date of the enactment of this Act.
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