cats, and other animals by persons or organizations engaged in transporting, buying, or selling them for use in research or experimental purposes. SEC. 2. As used in this Act (a) The term "person" includes any individual, partnership, association, or corporation. (b) The term "Secretary" means the Secretary of Agriculture. (c) The term “commerce" means commerce between any State, territory, or possession, or the District of Columbia or Puerto Rico, and any place outside thereof; or between points within the same State, territory, or possession, or the District of Columbia, but through any place outside therecf; or within any territory or possession or the District of Columbia. (d) The term "dog" means any live dogs of the species Canis familiaris for use or intended to be used for research tests or experiments at research facilities. (e) The term "cat" means any live domestic cat (Felis catus) for use or intended to be used for research, tests, or experiments at research facilities. (f) The term "animal" means any vertebrate animal. (g) The term "research facility" means any school, institution, organization, or person that uses or intends to use dogs, cats, or other animals in research. tests, or experiments, and that (1) purchases or transports such animals or certain of such animals in commerce or (2) receives any funds from the United States or any agency or instrumentality thereof to finance its operations by means of grants, loans, or otherwise. (h) The term "dealer" means any person who for compensation or profit delivers for transportation, transports, boards, buys, or sells dogs, cats, or other animals in commerce for research purposes. SEC. 3. It shall be unlawful for any research facility to purchase or transport dogs, cats, or other animals in commerce except from a dealer licensed in ac cordance with this Act. SEC. 4. It shall be unlawful for any dealer to sell or offer to sell or to transport to any research facility any dog, cat, or other animal or to buy, sell, offer to buy or sell, transport or offer for transportation in commerce or to another dealer under this Act any such animal, unless and until such dealer shall have obtained a license from the Secretary in accordance with such rules and regulations as the Secretary may prescribe pursuant to this Act, and such license shall not have been suspended or revoked. SEC. 5. (a) The Secretary shall promulgate standards for the humane care of animals by dealers. The term "humane care" shall mean the type of care which a responsible and conscientious owner would ordinarily provide for an animal kept as a household pet to prevent the animal's suffering, sickness, injury, or other discomfort and shall include but not be limited to provision for a comfortable resting place, adequate space and facilities for normal exercise, feeding, watering, handling, sanitation, ventilation, shelter from extremes of weather and temperature, and separation by species, sex, and temperament both in the dealer's facility and in transportation. The sale, offer to buy or sell, transport or offer for transportation in commerce or to another dealer of any sick, injured, unweaned, or pregnant animal is expressly forbidden. (b) The Secretary shall appoint a panel of lawyers, deans of medical and veterinary schools, and other distinguished citizens to advise him on the promulgation of these standards. SEC. 6. All dogs and cats delivered for transportation, transported, purchased, or sold in commerce or to research facilities shall be identified by a photograph or by such other humane and painless manner as the Secretary may prescribe. SEC. 7. Research facilities and dealers shall make and keep for a period of no less than two years such records with respect to their purchase, sale, transportation, and handling of dogs, cats, and other animals, as the Secretary may prescribe. Such records shall include a bill of sale for each animal and any collars, tags, or other identifying equipment which accompanied the animals at the time of their acquisition by the dealer. The bill of sale shall contain such information as shall be prescribed by the Secretary. Any bill of sale which is fraudulent or indicates larceny of any animal shall be grounds for prosecution and revocation of license called for in section 14 and for the penalty called for in section 12. Records made and kept by research facilities shall be open to inspection by representatives of the Secretary or to any police officer or agent of any legally constituted law enforcement agency. SEC. 8. The Secretary shall take such action as he may deem appropriate to encourage the various States of the United States to adopt such laws and to take such action as will promote and effectuate the purposes of this Act and the Secretary is authorized to cooperate with the officials of the various States in effectuating the purposes of this Act and any State legislation on the same subject. SEC. 9. No dealer shall sell or otherwise dispose of any dog, cat, or other animal within a period of five business days after the acquisition of such animals. Representatives of the Secretary, any police officer or agent of any legally constituted law enforcement agency shall assist any owner of any animal who has reason to believe the animal may be in the possession of a dealer in searching the dealer's premises, after obtaining the proper search warrant from the local authorities in whose jurisdiction the dealer's premises are located. SEC. 10. Dogs, cats, and other animals shall not be offered for sale or sold in commerce or to a research facility at public auction or by weight; or purchased in commerce or by a research facility at public auction or by weight. No research facility shall purchase any animals except from a licensed dealer. SEC. 11. The Secretary is authorized and directed to promulgate such rules, regulations, and orders as he may deem necessary in order to require compliance with the standards for the humane care of animals called for in section 5 and all other purposes and provisions of this Act. Such rules, regulations, and orders shall be published within a reasonable time after enactment of this Act. (a) Representatives of the Secretary shall make adequate inspections of dealers' facilities to determine whether the standards and other provisions of this Act are being complied with. The Secretary shall also require the regular inspection of transportation of animals by and from dealers to research facilities. The Secretary may delegate these responsibilities to law enforcement officers of the States or to agents of any legally constituted law enforcement agencies. SEC. 12. Any person who violates any provision of this Act shall, on conviction thereof, be subject to imprisonment for not more than one year and/or a fine of not more than $5,000 and to revocation of the license described in section 4 and shall not be eligible for another license under this Act. The penalty created by this section shall be recovered by civil action in the name of the United States in the circuit or district court within the district where the violation may have been committed or the person or corporation resides or carries on business; and it shall be the duty of the United States attorneys to prosecute all violations of this Act reported by the Secretary, or which come to their notice or knowledge by other means. SEC. 13. When construing or enforcing the provisions of this Act, the act. omission, or failure of any individual acting for or employed by a research facility or a dealer within the scope of his employment or office shall be deemed the act, omission, or failure of such research facility or dealer as well as of such individual. SEC. 14. If the Secretary has reason to believe that a dealer has violated any provision of this Act or the regulations promulgated thereunder, the Secretary shall suspend such dealer's license temporarily, and, after notice and opportunity for hearing, shall revoke such license if such violation is determined to have occurred. The Secretary shall also suspend temporarily the license of any dealer prosecuted for cruelty under the laws of any of the States for the prevention of cruelty to animals and in the event of a conviction under any of such laws of the States, the Secretary shall revoke the dealer's license. SEC. 15. If any provisions of this Act or the application of any such provision to any person or circumstances, shall be held invalid, the remainder of this Act and the application of any such provision to persons or circumstances other than those as to which it is held invalid shall not be affected thereby. SEC. 16. In order to finance the administration of this Act, the Secretary shall charge, assess, and cause to be collected appropriate fees for licenses issued to dealers. All such fees shall be deposited and covered into the Treasury as miscellaneous receipts. SEC. 17. EFFECTIVE DATE.-This Act shall take effect one hundred and twenty days after enactment. (Following is H.R. 13406, by Mr. Nelsen:) [H.R. 13406, 89th Cong., 2d sess.] A BILL To authorize the Secretary of Agriculture to regulate the transportation, purchase, sale, and handling of dogs and cats in commerce Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in order to protect the owners of dogs 60-678-66- 2 and cats from theft of such pets and to prevent the sale or use of stolen dogs and cats, it is essential to regulate the transportation, purchase, sale, or handling of dogs and cats. SEC. 2. When used in this Act (a) The term "person" includes any individual, partnership, association, or corporation. (b) The term "Secretary" means the Secretary of Agriculture. (c) The term "commerce" means commerce between any State territory, or possession, or the District of Columbia, or Puerto Rico, and any place outside thereof; or within any territory or possession or the District of Columbia. (d) The term "dog" means any live dog of the species (Canis familiaris). (e) The term "cat" means any live domestic cat (Felis catus). (f) The term "dealer" means any person who for profit, transports or buys and sells dogs and cats in commerce. Transport excludes common carriers otherwise regulated. SEC. 3. The Secretary shall promulgate humane standards to govern the handling and transportation of dogs and cats by dealers. SEC. 4. The Secretary is hereby authorized and directed to issue licenses to dealers upon application therefor in such form and manner as prescribed by the Secretary and upon payment of the fee prescribed by the Secretary. SEC. 5. All dogs and cats transported or purchased and sold in commerce by any dealer shall be marked or identified, in such humane manner as the Secretary may prescribe. SEC. 6. Dealers shall make and keep for a reasonable time as determined by the Secretary such records with respect to their purchase, sale, and transportation of dogs and cats as the Secretary may prescribe upon forms supplied by the Secretary and appropriate copies be returned to the Secretary. Such records shall be made available at all reasonable times to inspection by the Secretary or any person duly employed by him. SEC. 7. The Secretary is authorized to cooperate with the officials of the various States or political subdivisions thereof in effectuating the purposes of this Act and of any State, local, or municipal legislation or ordinance on the same subject. SEC. 8. The Secretary is authorized to promulgate such rules, regulations, and orders as he may deem necessary to effectuate the purposes of this Act. SEC. 9. Any dealer who operates without a license from the Secretary issued pursuant to this Act or while such license is suspended or revoked, or who fails to obey a cease-and-desist order made by the Secretary under the provisions of this Act shall forfeit to the United States the sum of $500 for each offense. SEC. 10. In order to finance the administration of this Act, the Secretary shall charge, assess, and cause to be collected license fees not to exceed $50 per year. All such fees shall be deposited in a fund which shall be available without fiscal year limitation for use in administering the provisions of this Act together with such funds as may be appropriated thereto and there is hereby authorized to be appropriated such funds as Congress may from time to time provide. SEC. 11. This Act shall take effect one hundred and eighty days after enactment. (The report of the U.S. Department of Agriculture on H.R. 12488 follows:) DEPARTMENT OF AGRICULTURE, Hon. HAROLD D. COOLEY, Chairman, Committee on Agriculture, House of Representatives DEAR MR. CHAIRMAN: We wish to thank you for your letter of February 14. 1966, giving us the opportunity to report on H.R. 12488. The bill is entitled "To authorize the Secretary of Agriculture to regulate the transportation, sale, and handling of dogs, cats, and other animals intended to be used for purposes of research or experimentation, and for other purposes." The bill, among other things, would provide that (1) no research facility could lawfully purchase or transport dogs, cats, or other animals in commerce unless it has been licensed by the Secretary of Agriculture; (2) no dealer, as defined in the bill, could lawfully sell or offer to sell or transport to any research facility. or buy, sell, offer to buy or sell, transport or offer for transportation, in com merce to or from another dealer, any dog, cat, or other animal, unless he has been licensed by the Secretary of Agriculture; (3) the Secretary would be authorized to license, as dealers, on a voluntary basis, persons who do not qualify as dealers, upon such persons agreeing to comply with the requirements of the act; (4) the Secretary would be authorized to promulgate humane standards governing the handling and transportation of dogs, cats, and other animals by dealers and research facilities, exclusive of the handling of the animals during the actual research or experimentation; (5) all dogs, cats, and other animals delivered for transportation, transported, purchased or sold in commerce to any dealer or research facility shall be marked or identified in such humane manner as the Secretary may prescribe; (6) research facilities and dealers shall keep such records with respect to the purchase, sale, transportation and handling of dogs, cats, and other animals as the Secretary may prescribe which shall be kept open at all reasonable times for inspection by the Secretary or his representative; (7) the Secretary would be authorized to cooperate with officials of the various States or political subdivisions thereof in effectuating the purposes of the act; (8) no dealer shall sell or otherwise dispose of any dog, cat, or other animal within a period of 5 business days after its acquisition; (9) the Secretary, upon determining that a research facility has violated the provisions of the proposed act, may make an order requiring such research facility to cease and desist from continuing such violation and, in case of a willful violation, shall certify the facts to each agency of the Federal Government furnishing funds to such facility and recommend that funds be withdrawn for such period as the Secretary may specify, in which case each such agency so notified shall suspend all such payments, loans, or grants to such facility; (10) if the Secretary has reason to believe that there has been a violation of the act or the regulations by a person licensed as a dealer he may suspend such person's license for a period not to exceed 21 days, and after opportunity for hearing, he may suspend for an additional period or revoke such license if such violation was determined to have occurred; (11) any research facility or dealer who operates without a license, or while such license is suspended or revoked, shall forfeit to the United States the sum of $500 for each offense, which shall be recoverable in a civil suit in the name of the United States. The proposed bill also provides for injunctive authority and that in order to finance the administration of the act the Secretary shall charge, assess, and cause to be collected reasonable fees for licenses issued. Such fees shall be deposited in a fund which shall be available without fiscal year limitation together with such funds as may be appropriated thereto. This Department conducts various research programs related to animal production and animal diseases. In addition, it is charged with the administration of programs for the control and eradication of infectious, contagious, and communicable diseases of livestock and poultry; for the prevention of the introduction into and dissemination within the United States of such diseases; and for the prevention of the exportation of diseased livestock and poultry. It also administers laws regarding the humane slaughter and treatment of livestock. This Department supports the objectives of H.R. 12488. We are concerned about the illicit traffic in family pets. It is our understanding that the practices which give rise to the proposed legislation relate to the theft of dogs and cats. We are not aware of any such practice existing with reference to other animals. There is serious question, therefore, as to whether it is necessary to make the bill applicable to "other animals" in order to effectuate the purposes of the bill. If the reference to "other animals" is retained, the Department believes that livestock should be excluded from the definition. The practice which the bill is intended to correct does not exist in the transporting, marketing, or sale of livestock. This Department presently administers the 28 Hour Law (45 U.S.C. 71, et seq.) which is intended to prevent, among other things, cruelty to livestock moving in interstate commerce by insuring that they are properly fed, watered, and rested. In addition, under authority of the Packers and Stockyards Act (7 U.S.C. 181, et seq.), livestock markets are regulated by this Department to insure adequate facilities for the proper handling and marketing of livestock. There are various State laws which are applicable to the theft and humane treatment of dogs and cats. The operating methods of people who steal family pets and the commercial aspects of the purchase and transfer of dogs and cats in commerce are not areas as to which this Department has expertise. Therefore, we are unable to evaluate the effectiveness of existing State laws since the func tions of this Department, insofar as animals are concerned, relate basically to livestock and poultry. In view of the above comments, there is question as to whether it would not be desirable that a program such as that in question be administered by a Federal agency more directly concerned. It is suggested that the following changes be made in the bill: 1. On page 3, lines 12 and 13, the phrase "except a dealer holding a valid license" should be changed to read: “except a person holding a valid license as a dealer." This change is necessary if a research facility is to be permitted to purchase laboratory animals from persons who are not within the definition of "dealer" but who are licensed pursuant to the second sentence of section 6. 2. On page 3, line 15, the words "or offer to transport" should be inserted after the word "transport" for the purposes of consistency within the section. 3. On page 4, line 9, the reference to section 18 should be changed to section 17. 4. On page 7, line 21, the reference to section 13 should be changed to section 12. It should also be noted that while dogs and cats are specifically defined, the definition of "animal" is so broad as to include dogs and cats. We assume that you are also obtaining the comments of other interested departments and agencies. We understand that the Department of Health, Education, and Welfare is now conducting a study on this general subject. The Bureau of the Budget has advised that, while there would be no objection to the presentation of this report, the Bureau recommends against enactment of the bill at this time, pending further consideration and study of the need for, and the nature of, Federal legislation in this area. Sincerely yours, ORVILLE L. FREEMAN, Secretary. STATEMENT OF HON. GEORGE GRIDER, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF TENNESSEE Mr. GRIDER. Mr. Chairman and members of the committee, I am George Brider, representing the Ninth District of Tennessee, and it is a great honor for me to be before this distinguished committee, and interesting anyway to have the Agriculture Committee which was coping so ably with the problem of cotton last week to be coping with the problem of dogs and cats this week. I am here to speak in behalf of my bill, H.R. 11505, which authorizes the Secretary of Agriculture to regulate the transportation, sale, and handling of dogs and cats intended for use in research. Although I have been a lawyer for more years than I was a sailor, I always take the opportunity-when appropriate to tell a sea story. I feel this is such an occasion and with the indulgence of this committee, I shall relate an experience that bears on this legislation. Mr. POAGE. We will be glad to have you do so, but we will have to enforce the rule on you. Mr. GRIDER. I will observe it strictly. The story begins in January of 1964 in the Gulf of Mexico, aboard a small and leaking boat called the Merry Ark. My shipmates included three fellow attorneys and one hapless birddog named Sam. It was a last vacation before I began my campaign for Congress, and we were bound for a few days of scubadiving and deep-sea fishing off the coast of Mexico's Yucatan Peninsula. We were heading south when the wind began to blow. Soon we were scudding before a wind of at least 50 knots. It was as fierce a storm at sea as I have ever seen, short of a true hurricane. The waves were lifting our stern and pushing our nose almost into the sea. The spray was whipping past, and there was that moan to the wind that means truly dangerous weather. Since we had slowed our speed to avoid arriving off the coast before daylight, and since we did not know how fast we were going, |