[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4249 Introduced in House (IH)]







104th CONGRESS
  2d Session
                                H. R. 4249

            To amend and strengthen the Animal Welfare Act.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 27, 1996

Mr. Gunderson introduced the following bill; which was referred to the 
                        Committee on Agriculture

_______________________________________________________________________

                                 A BILL


 
            To amend and strengthen the Animal Welfare Act.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Animal Welfare Act Amendments of 
1996''.

SEC. 2. DEFINITIONS.

    Subsection (f) of section 2 of the Animal Welfare Act (7 U.S.C. 
2132(f)) is amended to read as follows:
    ``(f) The term `dealer'--
            ``(1) means any person who, in commerce, for compensation 
        or profit, delivers for transportation, or transports, except 
        as a carrier, buys, offers to buy, sells, or offers for sale, 
        leases, offers to lease, negotiates the purchase, sale, or 
        lease of, or transfers--
                    ``(A) any animal, whether alive or dead, for 
                research, experimentation, teaching, exhibition, or use 
                as a pet;
                    ``(B) any dog for hunting or security purposes; or
                    ``(C) any dog or cat for breeding purposes;
            ``(2) includes--
                    ``(A) operators of auction sales; and
                    ``(B) any person who owns or leases premises which 
                are used for trade days or flea markets at which the 
                activities described in this subsection are conducted; 
                and
            ``(3) does not include--
                    ``(A) any pound or shelter operated by or on behalf 
                of a municipality; or
                    ``(B) any governmental entity which sells or 
                otherwise provides animals to any dealer or research 
                facility;''.

SEC. 3. LICENSING REQUIREMENTS.

    Section 3 of the Animal Welfare Act (7 U.S.C. 2133) is amended to 
read as follows:
    ``Sec. 3. (a)(1) The Secretary shall issue licenses to dealers and 
exhibitors upon application therefor in such form and manner as the 
Secretary may prescribe and upon payment of any fee established 
pursuant to this Act.
    ``(2) No license shall be issued or renewed under this Act--
            ``(A) until the dealer or exhibitor has demonstrated 
        compliance with the regulations and standards promulgated by 
        the Secretary pursuant to this Act;
            ``(B) to any person who has been convicted of, or entered a 
        plea of nolo contendere or the equivalent thereto, to a charge 
        of violating--
                    ``(i) any treaty, Federal, State, or local law 
                involving the care or treatment of, or recordkeeping 
                for, animals;
                    ``(ii) the Marine Mammal Protection Act, the 
                Endangered Species Act; or
                    ``(iii) any treaty, Federal, State, or local law 
                for the protection of endangered or threatened species;
            ``(C) to any person who has failed to pay a civil penalty 
        which was previously assessed by the Secretary under this Act; 
        or
            ``(D) to any person whose license is suspended.
    ``(b)(1) The Secretary may exempt persons described in paragraph 
(2) from licensing and other requirements under this Act, subject to 
such conditions as the Secretary may prescribe in regulations, if--
            ``(A) in the judgment of the Secretary, such licensing or 
        requirements would not tend to effectuate the policy of the 
        Act; and
            ``(B) the activity of the dealer or exhibitor does not 
        involve animals used for research purposes.
    ``(2) Persons who may be exempted from licensing and other 
requirements under paragraph (1) include--
            ``(A) operators of retail pet stores (except retail pet 
        stores which sell animals to research facilities, exhibitors, 
        or dealers);
            ``(B) persons who sell wild or exotic animals, with respect 
        to such wild or exotic animals; and
            ``(C) persons whose business activities as dealers or 
        exhibitors are de minimis.''.

SEC. 4. PROHIBITIONS.

    Section 4 of the Animal Welfare Act (7 U.S.C. 2134) is amended to 
read as follows:
    ``Sec. 4. Except as provided in subsection 3(b), no dealer or 
exhibitor shall sell, offer for sale, lease, offer for lease, transfer, 
transport, offer for transportation, acquire, buy, offer to buy, 
exhibit, or offer to exhibit any animal, or engage in any other 
business activity as a dealer or exhibitor, unless such dealer or 
exhibitor holds a current, unsuspended license issued by the Secretary 
under this Act.''.

SEC. 5. REGULATIONS REGARDING AUCTION SALES; ACQUISITIONS BY RESEARCH 
              FACILITIES; CONFORMING AMENDMENTS.

    (a) Section 12 of the Animal Welfare Act (7 U.S.C. 2142) is amended 
to read as follows:
    ``Sec. 12. The Secretary may promulgate humane standards and 
recordkeeping and reporting requirements governing the purchase, sale, 
or handling of animals by dealers, research facilities, exhibitors, or 
persons consigning animals to auction sales.''.
    (b) Section 5 of the Animal Welfare Act (7 U.S.C. 2135) is amended 
by deleting ``subject to section 12 of this Act''.
    (c) Section 19 of the Animal Welfare Act (7 U.S.C. 2149) is 
amended--
            (1) in the first sentence of subsection (b) by deleting 
        ``or, operator of an auction sale subject to section 12 of this 
        Act,'' and inserting ``or'' after ``handler,'';
            (2) in the first sentence of subsection (c) by deleting ``, 
        or operator of an auction sale subject to section 12 of this 
        Act,'' and inserting ``or'' after ``handler,''; and
            (3) in the first sentence of subsection (d) by deleting ``, 
        exhibitor or operator of an auction sale subject to section 12 
        of this Act,'' and inserting ``or exhibitor'' after ``dealer''.

SEC. 6. ENFORCEMENT.

    Subsection (a) of section 19 of the Animal Welfare Act (7 U.S.C. 
2149(a)) is amended to read as follows:
    ``(a)(1) If the Secretary has reason to believe that any person 
licensed under this Act has violated or is violating any provision of 
this Act or the regulations or standards issued thereunder, the 
Secretary may suspend or refuse to renew such person's license for a 
period of up to 120 days, except as otherwise provided by this section.
    ``(2) When the Secretary temporarily suspends or refuses to renew a 
license under paragraph (1), the Secretary shall send written notice 
thereof to the licensee. Such notice shall specify--
            ``(A) the nature, time, and place of the alleged violation;
            ``(B) that the licensee may request a hearing within 10 
        days of the receipt of the notice;
            ``(C) that, if, within 10 days of receipt of such notice, 
        the licensee requests a hearing, the licensee is entitled to 
        such hearing within 30 days of the suspension or refusal to 
        renew; and
            ``(D) that if the licensee does not request a hearing 
        within 10 days of receipt of such notice, the licensee forfeits 
        the right to a hearing within such 30-day period, and the 
        suspension or refusal to renew shall remain in effect until an 
        administrative law judge has issued a decision and order 
        regarding such suspension or refusal to renew.
    ``(3) An administrative law judge shall issue a decision and order 
within 30 days after the conclusion of a hearing held pursuant to this 
section.
    ``(4) If, after notice and opportunity for hearing, a licensee is 
determined to have violated a provision of this Act or the regulations 
or standards issued hereunder, the Secretary may issue an order--
            ``(A) suspending or refusing to renew such license for such 
        additional period as the Secretary may specify; or
            ``(B) revoking such license.
    ``(5) An order issued under paragraph (4) shall be effective 
pending the final determination of the Secretary.''.

SEC. 7. INJUNCTIONS.

    Section 29(a) of the Animal Welfare Act (7 U.S.C. 2159(a)) is 
amended to read as follows:
    ``(a) Request.--(1) The Secretary shall notify the Attorney General 
whenever the Secretary has reason to believe that a dealer, exhibitor, 
research facility, carrier, or intermediate handler--
            ``(A) is dealing in stolen animals;
            ``(B) is placing the health of any animal in danger, in 
        violation of this Act or the regulations or standards issued 
        thereunder; or
            ``(C) is otherwise in violation of this Act or the 
        regulations or standards issued thereunder; and
            ``(D) should be enjoined from operating in violation of 
        this Act or the regulations or standards issued thereunder.
    ``(2) After notification under paragraph (1), the Attorney General 
may apply to the United States district court for the district in which 
the violator resides or conducts business for a temporary restraining 
order or preliminary injunction to prevent such violator from operating 
in violation of this Act or the regulations or standards prescribed 
under this Act.''.
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