I
107TH CONGRESS
2D SESSION
H. R. 4039
To amend the Animal Welfare Act to ensure that all dogs and cats used
by research facilities are obtained legally.
IN THE HOUSE OF REPRESENTATIVES
MARCH 20, 2002
Mr. DOYLE (for himself, Mr. ALLEN, Mr. BERMAN, Mr. BLUMENAUER, Mr.
BONIOR, Ms. BROWN of Florida, Mr. CAPUANO, Mr. COSTELLO, Mr.
CUMMINGS, Mr. DEFAZIO, Mr. ENGLISH, Mr. FARR of California, Mr.
HINCHEY, Mr. KILDEE, Mr. KLECZKA, Mr. KUCINICH, Ms. JACKSON-
LEE of Texas, Mr. LYNCH, Mr. MCGOVERN, Ms. MCKINNEY, Mr.
GEORGE MILLER of California, Mr. MORAN of Virginia, Mr. NEAL of
Massachusetts, Mr. PALLONE, Ms. RIVERS, Mr. ROTHMAN, Mr. SAXTON,
Mr. SHAYS, Mr. SMITH of New Jersey, Mr. STARK, Mr. UDALL of Colo-
rado, Mr. WEXLER, and Ms. WOOLSEY) introduced the following bill;
which was referred to the Committee on Agriculture
A BILL
To amend the Animal Welfare Act to ensure that all dogs
and cats used by research facilities are obtained legally.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Pet Safety and Protec-
tion Act’’.
SEC. 2. AMENDMENTS.
(a) SECTION 7.—Section 7 of the Animal Welfare Act
(7 U.S.C. 2137) is amended to read as follows:
‘‘SEC. 7. SOURCES OF DOGS AND CATS FOR RESEARCH
FACILITIES.
‘‘(a) USE OF CERTAIN DOGS AND CATS.—No re-
search facility or Federal research facility may use a dog
or cat for research or educational purposes if the dog or
cat was obtained from a person other than a person de-
scribed in subsection (c).
‘‘(b) SELLING, DONATING, OR OFFERING DOGS AND
CATS.—No person, other than a person described in sub-
section (c), may sell, donate, or offer a dog or cat to any
research facility or Federal research facility.
‘‘(c) PERMISSIBLE SOURCES.—Persons from whom a
research facility or a Federal research facility may obtain
a dog or cat for research or educational purposes under
subsection (a) and persons who may sell, donate, or offer
a dog or cat to a research facility or a Federal research
facility under subsection (b) are—
‘‘(1) a dealer licensed under section 3 who has
bred and raised such dog or cat;
‘‘(2) a publicly owned and operated pound or
shelter that—
‘‘(A) is registered with the Department of
Agriculture;
‘‘(B) is in compliance with section 28(a)(1)
and with the requirements for dealers in section
28(b) and (c); and
‘‘(C) obtained such dog or cat from its
legal owner, other than a pound or shelter;
‘‘(3) a person who is donating such dog or cat
and who—
‘‘(A) bred and raised such dog or cat; or
‘‘(B) owned such dog or cat for not less
than 1 year immediately preceding the dona-
tion;
‘‘(4) a research facility licensed by the Depart-
ment of Agriculture; and
‘‘(5) a Federal research facility licensed by the
Department of Agriculture.
‘‘(d) PENALTIES.—(1) Any person found to have vio-
lated subsection (b) shall pay $1,000 for each violation.
‘‘(2) Any penalty under this subsection shall be in
addition to any other applicable penalty and shall be im-
posed whether or not the Secretary imposes any other pen-
alty.
‘‘(e) DEFINITION.—For purposes of this section the
term ‘‘person’’ includes any individual, partnership, firm,
joint stock company, corporation, association, trust, es-
tate, pound, shelter, or other legal entity.
‘‘(f) CONSTRUCTION.—Nothing in this section may be
construed to require a pound or shelter to sell, donate,
or offer dogs or cats to research facilities or Federal re-
search facilities.’’.
(b) SECTION 8.—Section 8 of the Animal Welfare Act
(7 U.S.C. 2138) is amended—
(1) by striking ‘‘No department’’ and inserting
‘‘Except as provided in section 7, no department’’;
(2) by striking ‘‘research or experimentation
or’’; and
(3) by striking ‘‘purposes’’ and inserting ‘‘pur-
pose’’.
(c) SECTION 28.—Section 28(b)(1) of the Animal
Welfare Act (7 U.S.C. 2158(b)(1)) is amended by striking
‘‘individual or entity’’ and inserting ‘‘research facility or
Federal research facility’’.
SEC. 3. EFFECTIVE DATE.
The amendments made by section 2 shall take effect
three months after the date of the enactment of this Act.
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