Congressman Gerlach Discusses PAWS Legislation in Chester County
At the Eagle Farms Kennel on July 6, Congressman Jim Gerlach discussed the need for federal legislation to crack-down on those commercial animal breeders who operate facilities that are far-below the acceptable standard of care for pets.
“This is a horrendous situation that has gone unresolved for far too long,” Congressman Jim Gerlach said. “These large-scale breeders and distributors need to abide by the same safety standards and levels of decency that other breeders abide by. This is a tremendous problem in Pennsylvania, and I’m hopeful that this legislation will see a speedy approval process in the House and in the Senate where Sen. Rick Santorum has introduced identical legislation.”
The Animal Welfare Act (AWA) contains provisions that distinguish between those who sell at retail and those who sell at wholesale, regulating only those who sell at wholesale. In the past this regulatory construct was sufficient because large commercial breeders and dealers could only sell their animals by selling them wholesale, which meant they were subject to the AWA. Commercial retailers at that time were small and subject to consumer scrutiny because consumers could inspect the premises when they purchased the dog or cat.
The advent of the Internet and mass marketing techniques however has changed forever the consumers’ ability to “know” what he or she is actually purchasing from a large scale operation. The absence of regulatory oversight has allowed too many of these large direct sellers to operate facilities that are far below the acceptable standard of care for pets.
Congressman Gerlach’s legislation would address this problem by regulating these large commercial direct sale operations. Congressman Gerlach was joined at the press conference by U.S. Senator Rick Santorum of Pennsylvania who has introduced companion legislation in the Senate.
P.A.W.S. would: require a United States Department of Agriculture license for breeders who breed seven or more litters of dogs or cats a year; regulate dealers, including those operating through the Internet, who sell more than 25 dogs or cats a year; regulate anyone who imports dogs or cats, including retail pet stores, the exception being individuals who import the animals for their own use and enjoyment; force retail pet stores to make source records available to the Secretary of the USDA upon request, giving the USDA the ability to identify entities that should be licensed; extend the temporary suspension period from 21 to 60 days so the USDA has more time to act; provide the USDA Secretary with the authority to seek injunctions in the United States District Court to have USDA attorneys represent the Secretary in court; and, give the USDA Secretary the authority to seek an injunction for entities that should be licensed but are not – currently the Secretary can only seek an injunction if the entity is dealing in stolen animals or is placing the health of animals in serious danger.
“This legislation is about placing the proper restrictions and regulations on an industry that is now seriously lacking,” Rep. Gerlach said. “This is not about hindering or regulating those individuals – hobbyists and pet owners – who have and treat their pets with respect. This is about the individuals and companies in this business whose only motivation is profit and not the fair and humane treatment of animals.”
GERLACH VOTES TO PROTECT SMALL BUSINESSES
Rep. Jim Gerlach supported legislation this week aimed at strengthening the backbone of the American economy: small businesses. These reform bills, which passed the House last year and sailed through again today, seek to improve worker safety by making it easier for employers to work voluntarily and proactively with the federal Occupational Safety and Health Administration (OSHA) to ensure safe and secure workplaces.
“I was happy to support this legislation last year, and glad to see it brought up and passed again today,” Rep. Gerlach said. “Our employers today face numerous challenges and stiff competition from businesses all over the world. These reforms protect employers, particularly our many small businesses, by giving them new avenues and tools to address OSHA complaints they feel have been unfairly brought about.”
Summaries of the four bills, as well as the vote totals of each, are as follows:
• Allowing Small Businesses to Have their Day in Court. The Occupational Safety and Health Small Business Day in Court Act (H.R. 739) gives the Occupational Safety and Health Review Commission (OSHRC) additional flexibility to make exceptions to the arbitrary 15-day deadline for employers to file responses to OSHA citations when a small business misses the deadline by mistake or for good reason. Under current legal interpretation, employers who fail to meet this 15-day deadline may lose their right to a day in court, regardless of whether there were intervening circumstances that inadvertently caused an employer to miss the deadline. The bill restores some common-sense and flexibility to the law. This legislation passed the House by a 256 to 163 vote on Tuesday. On May 18, 2004, the House passed the bill by a vote of 251-177.
• Ensuring a Timely Review of Backlogged Cases. The Occupational Safety and Health Review Commission Efficiency Act (H.R. 740) increases the membership of OSHRC from three to five members to ensure cases are reviewed in a timely fashion. Because a quorum of two (of the three) commissioners is needed for decision-making, OSHRC has in the past been unable to act. The appointment process is sometimes controversial, leading to vacancies, and sometimes Commissioners must recuse themselves from consideration of cases, meaning a situation is created where even if there is one seat open, there is no working quorum. Increasing membership to five Commissioners will help ensure that cases are reviewed in a more timely fashion. The House passed this legislation Tuesday by a 234 to 185 vote. On May 18, 2004, the House passed the bill by a vote of 228-199.
• Establishing Independent Review of OSHA Citations. The Occupational Safety and Health Independent Review of OSHA Citations Act (H.R. 741) restores independent review of OSHA citations by clarifying that OSHRC is an independent judicial entity given deference by courts that review OSHA issues. Congress passed the OSHA law only after being assured that judicial review would be conducted by “an autonomous, independent commission which, without regard to the Secretary, can find for or against him on the basis of individual complaints.” The bill restores the original system of checks and balances intended by Congress when it enacted the OSHA law and ensures that OSHRC (“the Court”), and not OSHA (“the prosecutor”), would be the party who interprets the law and provides an independent review of OSHA citations. The bill passed the House by a 226 to 187 vote Tuesday. On May 18, 2004, the House passed the bill by a vote of 224-204.
• Allowing Small Employers to Recover Attorneys’ Fees. The Occupational Safety and Health Small Employer Access to Justice Act (H.R. 742) levels the playing field for small businesses and encourages OSHA to better assess the merits of a case before it brings unnecessary enforcement actions to court against small businesses. Under current law, the Equal Access to Justice Act (EAJA) allows small business owners to recover attorneys’ fees if the owner successfully challenges a citation. However, if OSHA can establish that its enforcement action was “substantially justified” or the result of “special circumstances,” small businesses can be refused attorneys’ fees even if OSHA loses the case in court. Historically, the law’s “substantially justified” and “special circumstances” standards have made it easy for OSHA to prevent recovery under this broad standard, so attempts by small business owners to recover costs often exacerbate the financial harm caused by OSHA’s dubious enforcement actions. The bill passed the House on Tuesday by a 235 to 187 vote. On May 18, 2004, the House passed the bill by a vote of 233-194.
Gerlach Votes for Important Water Resources Legislation
The U.S. House of Representatives overwhelmingly approved bipartisan legislation this week authorizing the U.S. Army Corps of Engineers to carry out various studies, projects, and programs relating to navigation, flood damage reduction, shoreline protection, dam safety, water supply, recreation, and environmental restoration and protection. H.R. 2864, the Water Resources Development Act of 2005 (WRDA), passed the House Thursday by a vote of 406 to 14.
“This legislation continues our commitment to investing the nation’s waterways, protecting our water resources and improving the streams and rivers so many individuals rely on to meet their transportation needs, their business needs, and their recreational needs,” Rep. Gerlach said.
Highlights Of H.R. 2864
H. R. 2864 reaffirms Congress’ continuing commitment to the nation’s water resources infrastructure, and a regular authorization schedule for the Civil Works Program of the Army Corps of Engineers to address new and emerging water resources needs, and to fine-tune the Corps’ missions and responsibilities. The legislation includes authorizations for 37 projects with new favorable reports from the Chief of Engineers relating to flood damage reduction, navigation, hurricane and storm damage reduction, and environmental restoration.
H.R. 2864 begins to move the nation in the direction of a modern transportation system for the 21st Century by authorizing or modifying 106 projects and studies relating to navigation improvements. H.R. 2864 continues investments in flood protection by authorizing and modifying 234 projects and studies related to flood damage reduction, streambank and shoreline protection, and hurricane damage reduction.
H.R. 2864 continues the Corps’ rapidly growing mission of environmental restoration by authorizing or modifying 164 projects and studies. H. R. 2864 authorizes a number of additional projects, project modifications, and investigations related to the civil works program of the Corps of Engineers. H. R. 2864 includes provisions for streamlining and expediting Corps of Engineers project delivery and permits. H. R. 2864 include provisions for the improvement of the Corps of Engineers’ planning and project development process, including independent peer review of larger and more controversial studies.
The House also approved a manager’s amendment making technical and clarifying changes, and authorizing or modifying projects and studies that were brought to the Committee’s attention following Committee action. The Corps civil works program is the nation’s largest water resources program. Today the Corps maintains more than 11,000 miles of channels for commercial navigation and operates locks at 230 sites. Half of the locks are over 50 years old. The Corps also maintains 300 deep commercial harbors and 600 shallow coastal and inland harbors. There are 75 hydropower plants at Corps facilities producing one fourth of the Nation’s hydroelectric power. To address flood risks, the Corps manages 383 major lakes and reservoirs, and 8500 miles of levees. The Corps estimates that, on the average, its civil works projects prevent $20 billion in flood damages every year.
