S.Amdt. 3538
What it does: Adds SEC. 11072. PROTECTION OF PETS at the end of subtitle B of title XIWhat it changes
1 change to H.R. 2419
Adds SEC. 11072. PROTECTION OF PETS at the end of subtitle B of title XI
Adds a sectionInserted: SEC. 11072. PROTECTION OF PETS.
Inserted: (a) Short Title.--This section may be cited as the "Pet Safety and Protection Act of 2007".
Inserted: (b) Research Facilities.--Section 7 of the Animal Welfare Act (7 U.S.C. 2137) is amended to read as follows:
Inserted: "SEC. 7. SOURCES OF DOGS AND CATS FOR RESEARCH FACILITIES.
Inserted: "(a) Definition of Person.--In this section, the term 'person' means any individual, partnership, firm, joint stock company, corporation, association, trust, estate, pound, shelter, or other legal entity.
Inserted: "(b) Use of Dogs and Cats.--No research 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 described in subsection (d).
Inserted: "(c) Selling, Donating, or Offering Dogs and Cats.--No person, other than a person described in subsection (d), may sell, donate, or offer a dog or cat to any research facility or Federal research facility.
Inserted: "(d) Permissible Sources.--A person from whom a research facility or a Federal research facility may obtain a dog or cat for research or educational purposes under subsection (b), and a person who may sell, donate, or offer a dog or cat to a research facility or a Federal research facility under subsection (c), shall be--
Inserted: "(1) a dealer licensed under section 3 that has bred and raised the dog or cat;
Inserted: "(2) a publicly owned and operated pound or shelter that--
Inserted: "(A) is registered with the Secretary;
Inserted: "(B) is in compliance with section 28(a)(1) and with the requirements for dealers in subsections (b) and (c) of section 28; and
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Inserted: "(C) obtained the dog or cat from its legal owner, other than a pound or shelter;
Inserted: "(3) a person that is donating the dog or cat and that--
Inserted: "(A) bred and raised the dog or cat; or
Inserted: "(B) owned the dog or cat for not less than 1 year immediately preceding the donation;
Inserted: "(4) a research facility licensed by the Secretary; and
Inserted: "(5) a Federal research facility licensed by the Secretary.
Inserted: "(e) Penalties.--
Inserted: "(1) In general.--A person that violates this section shall be fined $1,000 for each violation.
Inserted: "(2) Additional penalty.--A penalty under this subsection shall be in addition to any other applicable penalty.
Inserted: "(f) No Required Sale or Donation.--Nothing in this section requires a pound or shelter to sell, donate, or offer a dog or cat to a research facility or Federal research facility.".
Inserted: (c) Federal Research Facilities.--Section 8 of the Animal Welfare Act (7 U.S.C. 2138) is amended--
Inserted: (1) by striking "sec. 8. No department" and inserting the following:
Inserted: "SEC. 8. FEDERAL RESEARCH FACILITIES.
Inserted: "Except as provided in section 7, no department";
Inserted: (2) by striking "research or experimentation or"; and
Inserted: (3) by striking "such purposes" and inserting "that purpose".
Inserted: (d) Certification.--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".
Inserted: (e) Effective Date.--The amendments made by subsections (b), (c), and (d) take effect on the date that is 90 days after the date of enactment of this Act.
Original wording
At the end of subtitle B of title XI, add the following:
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
SA 3538. Mr. AKAKA (for himself, Mr. Kerry, Mr. Stevens, Mr. Feingold, Mr. Wyden, and Mr. Lautenberg) submitted an amendment intended to be proposed by him to the bill H.R. 2419, to provide for the continuation of agricultural programs through fiscal year 2012, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle B of title XI, add the following:
SEC. 11072. PROTECTION OF PETS.
(a) Short Title.--This section may be cited as the “Pet Safety and Protection Act of 2007”.
(b) Research Facilities.--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) Definition of Person.--In this section, the term ‘person' means any individual, partnership, firm, joint stock company, corporation, association, trust, estate, pound, shelter, or other legal entity.
“(b) Use of Dogs and Cats.--No research 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 described in subsection (d).
“(c) Selling, Donating, or Offering Dogs and Cats.--No person, other than a person described in subsection (d), may sell, donate, or offer a dog or cat to any research facility or Federal research facility.
“(d) Permissible Sources.--A person from whom a research facility or a Federal research facility may obtain a dog or cat for research or educational purposes under subsection (b), and a person who may sell, donate, or offer a dog or cat to a research facility or a Federal research facility under subsection (c), shall be--
“(1) a dealer licensed under section 3 that has bred and raised the dog or cat;
“(2) a publicly owned and operated pound or shelter that--
“(A) is registered with the Secretary;
“(B) is in compliance with section 28(a)(1) and with the requirements for dealers in subsections (b) and (c) of section 28; and
“(C) obtained the dog or cat from its legal owner, other than a pound or shelter;
“(3) a person that is donating the dog or cat and that--
“(A) bred and raised the dog or cat; or
“(B) owned the dog or cat for not less than 1 year immediately preceding the donation;
“(4) a research facility licensed by the Secretary; and
“(5) a Federal research facility licensed by the Secretary.
“(e) Penalties.--
“(1) In general.--A person that violates this section shall be fined $1,000 for each violation.
“(2) Additional penalty.--A penalty under this subsection shall be in addition to any other applicable penalty.
“(f) No Required Sale or Donation.--Nothing in this section requires a pound or shelter to sell, donate, or offer a dog or cat to a research facility or Federal research facility.”.
(c) Federal Research Facilities.--Section 8 of the Animal Welfare Act (7 U.S.C. 2138) is amended--
(1) by striking “sec. 8. No department” and inserting the following:
“SEC. 8. FEDERAL RESEARCH FACILITIES.
“Except as provided in section 7, no department”;
(2) by striking “research or experimentation or”; and
(3) by striking “such purposes” and inserting “that purpose”.
(d) Certification.--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”.
(e) Effective Date.--The amendments made by subsections (b), (c), and (d) take effect on the date that is 90 days after the date of enactment of this Act.
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Senate amendment submitted
November 6, 2007