Federal Statutes

Statute by category Citationsort ascending Summary
US - Divorce/Custody - Uniform Marriage & Divorce Act. Section 307. Part III Dissolution. Section 307 Disposition of Property. ULA Marr & Divorce s 307 Uniform act created to address division of marital property upon divorce in equitable distribution jurisdiction. Two alternatives are given, directing equitable apportionment in one and division in just proportions in the other.
US - Divorce/Custody - United States. Uniform Marital Property Act. Section 4. Classification of Property of Spouses. ULA Marital Property Act s 4 Uniform act created to address division of marital property upon divorce in community property jurisdictions.
US - MMPA - Legislative History of 1972 U.S.C.C.A.N. 4144, 1971 WL 11285 (Leg.Hist.)

This document contains most of the legislative history surrounding the 1972 adoption of the Marine Mammal Protection Act.

US - Golden Eagle - Protection Public Law 87-884; 76 Stat. 1246 (1962)

This public law amended the Eagle Protection Act by adding golden eagles as a protected species under the Act.  The Joint Resolution states that the golden eagle was added under the Act not only because it too faced extinction, but its listing would further protect the bald eagle, as the two species are sometimes mistaken for each other.  For further discussion, see the Eagle Act Detailed Discussion.

US - Horses - Sale of Wild Free-Roaming Horses and Burros PL 108-447

These amendments to the Wild Horses Act, 16 U.S.C.A. § 1333, amended by Public Law 108-447, allow for the sale of animals for commercial purposes in some circumstances, specifically when the excess animal is more than 10 years old, or has been unsuccessfully offered for adoption on at least 3 occasions.  Once the excess animal is sold, it will no longer be considered a wild free-roaming horse or burro according to this Act.

US - AWA - 1970 Amendments to AWA, House Report No. 91-1651 House Report No. 91-1651

By 1970 it was apparent that changes in the law would be required if the goal of humane treatment of animals was to be realized. There were four areas of significant change to the AWA in the 1970 amendments (definition of animal, expansion of who is subject to AWA, laboratory practices, and enforcement).

US - Agriculture - Animal Damage Control Act 7 USCA § 8351 - 8356 (formerly cited as 7 USC 426 - 426d) Animal Damage Control Act of March 2, 1931, (46 Stat. 1468) provided broad authority for investigation, demonstrations and control of mammalian predators, rodents and birds. Public Law 99-19, approved December 19, 1985, (99 Stat 1185) transferred administration of the Act from the Secretary of the Interior to the Secretary of Agriculture. Pub. L. 102-190(Div. A, title III, Sec. 348, Dec. 5, 1991, 105 Stat. 1348) and P.L. 102-237 (Title X, Sec. 1013(d), 105 Stat. 1901, Dec. 13, 1991) added provisions directing the Secretaries of Defense and Agriculture, respectively, to take actions to prevent the introduction of brown tree snakes into other areas of the U.S. from Guam.
US - AWA - Animal Welfare Act 7 USC §§ 2131 - 2160; 18 USC § 49 The AWA is, in the main, a regulatory law that seeks to control who may possess or sell certain animals and the living conditions (for non-agricultural, domestic animals) under which the animals must be kept. The law provides for criminal penalties, civil penalties and revocation of permits for violations of the AWA.
US - Companion Animals - Federal Pet Theft Prevention Act (§ 2158. Protection of pets. ) 7 USC 2158 This section of the AWA prohibits shelters from selling found pets within a period of five days to any random-source organization. The purpose of the Act is to prevent animals from being stolen and purchased from humane societies in order to use the animals for scientific testing or illegal purposes (such as fighting, etc.).
US - AWA - Sectional History of AWA 7 USC 2131 - 2159

This document gives legal history of the Animal Welfare Act on a section by section basis.

US - Food Animal - Humane Methods of Livestock Slaughter 7 USC 1901 - 1907 These statutory sections comprise what is commonly termed the Humane Slaughter Act. Included in these sections are Congress' statement that livestock must be slaughtered in a humane manner to prevent needless suffering, research methods on humane methods of slaughter, the nonapplicability of these statutes to religious or ritual slaughter, and the investigation into the care of nonambulatory livestock.
US - Cattle - Milk Income Loss Contract Program 7 U.S.C.A. § 7981 - 7984 Federal program that compensates dairy producers when domestic milk prices fall below a specified level.
US - Air travel, disability - § 41705. Discrimination against handicapped individuals 49 USCA § 41705 The Air Carrier Access Act (ACAA) was enacted in 1986. The law prohibits discrimination by commercial airlines on the basis of disability. An individual is considered "disabled" if he or she (1) has a physical or mental impairment that substantially limits one or more major life activities.; (2) l has a record of such an impairment; or (3) is regarded as having such an impairment. This law requires that each complaint under this section are investigated and those data reviewed/reported. Regulations promulgated under the ACAA in 2008 set forth requirements for service brought animals aboard commercial flights.
US - Food Animal - Twenty Eight Hour Law 49 USC 80502 This Federal law addresses the transportation of animals, including those raised for food or in food production, across state lines. The statute provides that animals cannot be transported by "rail carrier, express carrier or common carrier" (except by air or water) for more than 28 consecutive hours without being unloaded for five hours for rest, water and food.
US - Grazing - Taylor Grazing Act 43 USC 315 - 315r Statute empowers Secretary of the Interior to establish and oversee grazing districts on federal land via a system of permits.
US - Environmental - National Environmental Policy Act of 1969 42 USC 4321 - 4370j The National Environmental Policy Act (NEPA) requires federal agencies to integrate environmental values into their decision making processes by considering the environmental impacts of their proposed actions and reasonable alternatives to those actions. To meet this requirement, federal agencies prepare a detailed statement known as an Environmental Impact Statement (EIS). EPA reviews and comments on EISs prepared by other federal agencies, maintains a national filing system for all EISs, and assures that its own actions comply with NEPA.
US - Native American - RFRA (Religious Freedom Restoration Act) 42 USC 2000bb-1 RFRA provides that the government may not substantially burden an individual's free exercise of religion unless it is in furtherance of a compelling government interest and it is done through the least restrictive means.
US - Native American - American Indian Religious Freedom Act (AIFRA) 42 USC 1996 This act created an executive policy of respect for Native American religious ideas and practices. While it does not create any substantive right of action by a Native American, AIFRA has been used substantiate claims against federal acts that infringe the exercise of Native American religions (policy affirmed by a 1994 executive order).
US - Pets Evacuation and Transportation Standards Act of 2006 - Chapter 68. Disaster Relief 42 U.S.C.A. § 5196 - 5196d The FEMA Administrator is directed to develop emergency preparedness plans that take into account the needs of individuals with pets and service animals prior to, during, and following a major disaster or emergency. The Administrator must also ensure that state and local emergency preparedness plans take into account the needs of such individuals. The Administrator may make financial contributions to the States and local authorities for animal emergency preparedness purposes to accommodate people with pets and service animals.
US - Chimpanzees - § 283m. Sanctuary system for surplus chimpanzees (CHIMP Act) 42 U.S.C.A. § 283m This Act provides a system of sanctuaries to provide for the lifetime care of chimpanzees not needed for research that have been used, or were bred or purchased for use, in research conducted or supported by the National Institutes of Health, the Food and Drug Administration, or other agencies of the Federal Government. The Act lists, among other things, requirements for the sanctuaries, criteria for "acceptable" chimpanzees, restrictions on further research of these chimpanzees, and establishment of contracts to entities providing care in the system.
US - Disability - Americans with Disabilities Act (ADA) 42 U.S.C.A. § 12101, 12102, 12132; 2 U.S.C.A. § 1311 Following are excerpted sections from the Americans with Disabilities Act of 1990 that relate to assistance animals. Also included is § 1311 of the Civil Rights Act that defines discriminatory practices and outlines the remedies for such violations.
US - Housing - Fair Housing. Subchapter I. Generally. Section 3602. Definitions. 42 U.S.C.A. 3601 - 3604 The following sections of the Fair Housing Act relate to "reasonable accommodations" for persons with a handicap or disability. In Section 3602, the definition of "handicap" includes a person with: (1) a physical or mental impairment which substantially limits one or more of such person's major life activities; (2) a record of having such an impairment, or (3) being regarded as having such an impairment. Section 3604 is the operative part of the law that makes it unlawful to discriminate because of a handicap in the sale or rental of a dwelling. Under subsection (3)(B), the law states that discrimination includes the refusal to make "reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford such person equal opportunity to use and enjoy a dwelling."
US - Civil Rights - Civil Action for Deprivation of Civil Rights 42 U.S.C.A. 1983 This law is the primary means by which a person can bring a violation of a constitutional right. To prevail in a claim under section 1983, the plaintiff must meet two elements: a person subjected the plaintiff to conduct that occurred under color of state law, and this conduct deprived the plaintiff of rights, privileges, or immunities guaranteed under federal law or the U.S. Constitution. The statute provides immunity for persons operating under "color of law" acting in their official capacities.
US - Patent - Patentability of Inventions and Grant of Patents 35 USC 103 The Patent Act governs the law of patents in the United States. Currently, the Patent and Trademark Office functions to issue patents, for which genetically engineered animal species may legally be patented in the United States.
US - Housing - Section 504 of the Rehabilitation Act of 1973 29 USC 794 In the context of housing discrimination, this statute creates the rule that public housing authorities cannot deny housing to a disabled person solely because of his or her disability, and that if a reasonable accommodation can be made to make housing available to a disabled person, the landlord is required to make the accommodation. To establish a prima facie case of housing discrimination, the tenant must establish four elements: (1) tenant is an individual with a disability; (2) tenant is "otherwise qualified" to receive the benefit; (3) tenant was denied the benefit of the program solely by reason of his or her disability; and (4) the program receives federal financial assistance.
US - Housing - FHA Definitions ( Section 705. Definitions) 29 USC 705(20)(B) Sec. 504 provides the federal definition of "disability" (part 9) and "handicap" (part 20).
US - Fisheries - Pelly Amendment (§ 1978) 22 USC 1978 The Pelly Amendment provides restrictions on importation of fishery or wildlife products from countries which violate international fishery or endangered or threatened species programs.
US - Meat - Chapter 12. Meat Inspection. 21 U.S.C.A. § 601 - 695 The Federal Meat Inspection Act of 1906 (FMIA) was enacted to prevent adulterated or misbranded meat and meat products from being sold as food and to ensure that meat and meat products are slaughtered and processed under sanitary conditions. The Act requires covered meat products to be labeled and packaged in accordance with the chapter to effectively regulate commerce and protect the health and welfare of consumers.
US - Poultry Products Inspection Act (PPIA) 21 U.S.C.A. § 451 - 473 PPIA regulates the processing and distribution of poultry products. To ensure that poultry is fit for human consumption, it forbids the buying, selling, transporting and importing of dead, dying, disabled, or diseased poultry and products made from poultry that died other than by slaughter. PPIA requires certain sanitary, labeling and container standards to prevent the sale of adulterated or misbranded poultry products. Violations may result in a fine and/or imprisoned.
US - AWA - 2014 Public Law113-79 2014 PL 113-79 The 2014 amendments to the Animal Welfare Act allows the Secretary of agriculture to define de minimis, as well as several grammatical changes. The public law also provides the prohibits anyone from allowing a person who has not attained the age of 16 from attending an animal fighting venture.
US - AWA - 2008 Public Law 110-246 2008 PL 110-246 The Food, Conservation, and Energy Act of 2008, P.L. 110-246 amends the Animal Welfare Act by strengthening penalties related to animal fighting, including an increase in imprisonment. The 2008 bill also contained language prohibiting imports for resale of dogs unless they are at least six months of age, in good health, and have all necessary vaccinations, with some exemptions defined. Finally, fines for violations of the Animal Welfare Act increased from $2500 to $10,000 per violation, per animal, per day.
US - AWA - 2008 Public Law 110-234 2008 PL 110-234 2008 Amendments to the Animal Welfare Act concerning the importation of live dogs.
US - AWA - 2007 Public Law110-22 2007 PL 110-22 The Animal Fighting Prohibition Enforcement Act of 2007 was signed into law on May 3, 2007. The law upgrades current penalties by creating felony-level jail time (up to 3 years) for violations of the federal animal fighting law, and it also prohibits interstate and foreign commerce of cockfighting weapons (e.g., knife, gaff, etc.).
US - MBTA - Senate Bill 2547 An Act to Amend the Migratory Bird Treaty Act (MBTA) 2004 Senate Bill 2547

This Act, now known as the Migratory Bird Treaty Reform Act (MBTRA), revamps the MBTA by excluding species of birds that are "non-native" to the United States.  Under the bill, a bird species shall not be treated as native to the United States if the species occurs in the United States solely as a result of intentional or unintentional human-assisted introduction after the date of adoption of the treaty in 1918.  As a result, some 94 species of birds currently protected under the treaty would lose their protected status.

US - Rodent - Nutria Eradication and Control Act of 2003 2004 P.L. 108-16; 2004 P.L. 105-322

Nutria are large, semi-aquatic rodents that are native to South America and have invaded the marshland of certain U.S. states.  There are no natural predators to control nutria, no market for their fur, and private trappers have failed to keep pace with the animals' ability to reproduce.  P.L. 108-16 of 2003  and P.L. 105-322 of 1998 authorizes the Secretary of the Interior to provide financial assistance to the States of Maryland and Louisiana for a program to implement measures to: (1)eradicate nutria in Maryland; (2)eradicate or control nutria in Louisiana and other States; and (3) restore marshland damaged by nutria.

US - AWA - 2002 Public Law 107-171 2002 PL 107-171 Enacted January 23, 2002, the Farm Security and Rural Investment Act changed the definition of "animal" in the Animal Welfare Act to specifically exclude birds, rats of the genus Rattus, and mice of the genus Mus, bred for use in research. The law also addressed animal fighting ventures by making it a misdemeanor to ship a bird in interstate commerce for fighting purposes, or to sponsor to exhibit a bird in a fight that had been shipped for such purposes.
US - AWA - 1995 Public Law 104-88 1995 PL 104-88 Public Law 104-88 amended the Animal Welfare act by striking Interstate Commerce Commission and adding Surface Transportation Board.
US - AWA - 1990 Public Law 101-624 1990 PL 101-624 Enacted November 28, 1990, this public law amends the Animal Welfare Act by establishing holding period for dogs and cats at shelters and other holding facilities before sale to dealers. It requires dealers to provide written certification regarding each animal's background to the recipient. Specific items included on the certificate are mechanisms of enforcement, injunctions, and penalties for violation.
US - Tuna Fishing - Legislative History of the MMPA (1988) 1988 WL 169926

This legislative history provides the background and section by section analysis of the 1988 amendments to the Marine Mammal Protection Act.  As in 1981, the focus of the amendments rests with the mortality of dolphins from the tuna fishing industry.

US - AWA - 1985 Public Law 99-198 1985 PL 99-198 The set of amendments that Congress adopted in December of 1985 focused almost entirely on the issue of animal research, (1) the minimum level of care is stated with more specificity, (2) animal research facilities are required to create Institutional Animal Committees, which include the presence of a public member from outside the facility, (3) trade secrets of research facilities are protected by a new section of the AWA.
US - Tuna Fishing - Legislative History of the MMPA (1981) 1981 U.S.C.C.A.N. 1458

This legislative history outlines the background and analysis of the 1981 amendments to the Marine Mammal Protection Act.  Of particular note is the discussion related to the "zero mortality" goal for dolphins in the tuna fishing industry.

US - AWA - 1976 Public Law 94-279 1976 PL 94-279 The 1976 Amendments of the AWA dealt with several new topics: (1) transportation carriers and intermediate handlers of animals were brought under the provisions of the Act, (2) a number of specific transportation problems were addressed by Congress, (3) a new provision was added which made it a crime to knowingly sponsor, participate in, transport, or use the mails to promote fights between live birds, live dogs or other mammals, (4) the penalty provisions were rewritten, allowing the broad use of civil fines.
US - AWA - 1970 Public Law 91-579 1970 PL 91-579

There were four areas of significant change to the AWA in the 1970 amendments: (1) the definition of "animal" was expanded to include warm-blooded animals generally, (2) more human entities were brought under the regulatory provisions of the Act: animal exhibitors (i.e., circuses, zoos and roadside shows), and wholesale pet dealers, (3) the lab door of research facilities was opened more, requiring that certain humane standards be maintained at all times, (4) the Secretary's enforcement powers were strengthened and protection for government inspectors was provided from individuals who interfered with enforcement actions under the Act.

US - AWA - 1966 Public Law 89-544 1966 PL 89-544

As stated in Senate Report No. 1280 there were three main purposes for the proposed law in 1966: (1) to protect the owners of pet dogs and cats from the theft of their pets; (2) to prevent the use or sale of stolen dogs or cats for purposes of research or experimentation; and (3) to establish humane standards for the treatment of dogs, cats, and certain other animals by animal dealers and research facilities.
US - Trade - Tariff Act of 1930 19 USCA § 1481 This federal law outlines the requirements for importation invoices.
US - Fur, dog and cat fur products - Chapter 4. Tariff Act of 1930. 19 U.S.C.A. § 1308 This federal statute prohibits commerce in dog or cat fur. Specifically, the statute forbids import into, or export from, the United States of any dog or cat fur product; or the introduction into interstate commerce, manufacture for introduction into interstate commerce, sell, trade, or advertise in interstate commerce, offer to sell, or transport or distribute in interstate commerce in the United States, any dog or cat fur product. The exception under the act is for the importation, exportation, or transportation, for noncommercial purposes, of a personal pet that is deceased, including a pet preserved through taxidermy.
US - Importation - CHAPTER 3. ANIMALS, BIRDS, FISH, AND PLANTS 18 USCS § 42 Under this federal law, no importation of certain listed animals is permitted. Whoever violates this section, or any regulation issued pursuant thereto, shall be fined under this title or imprisoned not more than six months, or both.
US - Importation - Mailing of Injurious Article 18 USCS § 1716 All kinds of poison, all articles and compositions containing poison, all poisonous animals, insects, reptiles, all explosives, inflammable materials, infernal machines, and mechanical, chemical, or other devices or compositions which may ignite or explode, all disease germs or scabs, and all other natural or artificial articles, compositions, or material which may kill or injure another, or injure the mails or other property, whether or not sealed as first-class matter, are nonmailable matter and shall not be conveyed in the mails or delivered from any post office or station thereof, nor by any officer or employee of the Postal Service.
US - Smuggling - § 545. Smuggling goods into the United States 18 USCA § 545 This federal law provides punishment for smuggling merchandise (including animals) into the United States.
US - Crimes - Chapter 3. Animals, Birds, Fish, and Plants. 18 USCA § 43 This federal law provides for crime and penalties for animal enterprise terrorism.

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