Animal Welfare Act Amendments of 1997

Summary: Animal Welfare Act Amendments of 1997 - Amends the Animal Welfare Act to redefine "dealer," including delineation of auction operators and shelters or other facilities operated by or for a governmental entity. 
Revises licensing (and exception) provisions.  Prohibits license issuance or renewal to a person who:  (1) loses a license for a violation of such Act or failure to pay a related civil penalty; or (2) has violated another animal welfare or species protection law or treaty. 
Directs the Secretary of Agriculture to promulgate humane standards and recordkeeping requirements for animal auctions. 
Sets forth enforcement and injunction provisions.

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Animal Welfare Act 
Amendments of 1997''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title and table of contents.
Sec. 2. Expanded definition of dealer.
Sec. 3. Licensing requirements.
Sec. 4. Prohibited activities without license.
Sec. 5. Provisions regarding auction sales.
Sec. 6. Enforcement and penalties.
Sec. 7. Injunction authority.

SEC. 2. EXPANDED DEFINITION OF DEALER.

    (a) Dealer.--Subsection (f) of section 2 of the Animal Welfare Act 
(7 U.S.C. 2132) is amended to read as follows:
    ``(f) Dealer.--(1) The term `dealer' means any person who (in 
commerce for compensation or profit) acquires, delivers for 
transportation or transports (except as a carrier), buys or offers to 
buy, sells or offers for sale, leases or offers to lease, negotiates 
the purchase, sale, or lease of, or otherwise 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) The term includes an operator of an auction sale at which any 
activity described in paragraph (1) takes place and any person who owns 
or leases premises that are used for a trade day, flea market, or 
similar event at which any activity described in paragraph (1) takes 
place.
    ``(3) The term includes an animal pound or shelter operated by or 
on behalf of a local government and any governmental entity that sells 
or otherwise provides animals to any dealer or research facility.''.
    (b) Clerical Amendments.--Section 2 of such Act is further 
amended--
            (1) by striking the semicolon at the end of subsections 
        (a), (b), (d), (e), and (g) through (k) and inserting a period; 
        and
            (2) in subsection (n), by striking ``; and'' and inserting 
        a period.

SEC. 3. LICENSING REQUIREMENTS.

    Section 3 of the Animal Welfare Act (7 U.S.C. 2133) is amended to 
read as follows:

``SEC. 3. LICENSING REQUIREMENTS.

    ``(a) Issuance of Licenses.--To apply for a license under this 
section, a dealer or exhibitor shall submit to the Secretary an 
application in such form and manner as the Secretary may prescribe. The 
Secretary shall issue licenses to dealers and exhibitors upon payment 
of the applicable fee established pursuant to section 23 and 
demonstration by the dealer or exhibitor of compliance with the 
regulations and standards promulgated by the Secretary pursuant to this 
Act.
    ``(b) Licensing Exemptions.--
            ``(1) Exemptions authorized.--The Secretary may issue 
        regulations exempting persons described in paragraph (2) from 
        licensing and other requirements under this Act, subject to 
        such conditions as the Secretary may prescribe, if, in the 
        judgment of the Secretary--
                    ``(A) the licensing of such persons would not 
                effectuate the policy of the Act; and
                    ``(B) the activity of the persons does not involve 
                the use of animals for research purposes.
            ``(2) Persons eligible for exemptions.--Persons who may be 
        exempted from licensing and other requirements under paragraph 
        (1) include the following:
                    ``(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, as 
                defined by the Secretary, with respect to such wild or 
                exotic animals.
                    ``(C) Persons whose business activities as dealers 
                or exhibitors are de minimis.''.
    ``(c) Licenses Prohibited.--The Secretary shall not issue (or 
renew) a license under this section with regard to any of the following 
persons:
            ``(1) A person whose license has been suspended, revoked, 
        or voluntarily terminated while the person was in violation of 
        this Act or a regulation or standard promulgated under this 
        Act.
            ``(2) A person who has not paid any civil penalty 
        previously assessed by the Secretary under this Act.
            ``(3) A person who has been convicted of, or entered a plea 
        of nolo contendere or its equivalent to, a charge of violating 
        any of the following:
                    ``(A) A treaty or Federal, State, or local law 
                involving the care or treatment of, or recordkeeping 
                for, animals.
                    ``(B) The Marine Mammal Protection Act of 1972 (16 
                U.S.C. 1361 et seq.), the Endangered Species Act of 
                1973 (16 U.S.C. 1531 et seq.), or any treaty, Federal, 
                State, or local law for the protection of endangered or 
                threatened species.''.

SEC. 4. PROHIBITED ACTIVITIES WITHOUT LICENSE.

    Section 4 of the Animal Welfare Act (7 U.S.C. 2134) is amended to 
read as follows:

``SEC. 4. EFFECT OF FAILURE TO OBTAIN LICENSE OR EXEMPTION.

    ``(a) Treatment of Licensed and Exempted Persons.--Subsection (b) 
does not apply to a dealer or exhibitor who--
            ``(1) holds a current and unsuspended license from the 
        Secretary under section 3(a); or
            ``(2) is exempted by the Secretary from such licensing 
        requirement pursuant to section 3(b).
    ``(b) Prohibition Against Certain Activities.--Except in the case 
of dealers and exhibitors described in subsection (a), a dealer or 
exhibitor may not--
            ``(1) acquire any animal;
            ``(2) sell or offer for sale any animal;
            ``(3) lease or offer for lease any animal;
            ``(4) transport or offer for transportation any animal;
            ``(5) buy or offer to buy any animal;
            ``(6) exhibit or offer to exhibit;
            ``(7) transfer any animal; or
            ``(8) engage in any other business activity as a dealer or 
        exhibitor.''.

SEC. 5. PROVISIONS REGARDING AUCTION SALES.

    (a) Regulation.--Section 12 of the Animal Welfare Act (7 U.S.C. 
2142) is amended to read as follows:

``SEC. 12. HUMANE STANDARDS AND RECORDKEEPING REQUIREMENTS AT AUCTION 
              SALES.

    ``The Secretary shall promulgate humane standards and recordkeeping 
and reporting requirements to govern the purchase, sale, or handling of 
animals by--
            ``(1) dealers, research facilities, exhibitors at auction 
        sales; and
            ``(2) by persons consigning animals to auction sales.''.
    (b) Conforming Amendments.--
            (1) Holding period.--Section 5 of the Animal Welfare Act (7 
        U.S.C. 2135) is amended by striking ``Secretary: Provided, That 
        operators of auction sales subject to section 12 of this Act'' 
        and inserting ``Secretary, except that operators of auction 
        sales''.
            (2) Research facility purchases.--Section 7 of the Animal 
        Welfare Act (7 U.S.C. 2137) is amended by striking ``subject to 
        section 12 of this Act''.
            (3) Federal purchases.--Section 8 of the Animal Welfare Act 
        (7 U.S.C. 2138) is amended by striking ``subject to section 12 
        of this Act''.
            (4) Agency relationship.--Section 9 of the Animal Welfare 
        Act (7 U.S.C. 2139) is amended by striking ``subject to section 
        12 of this Act''.
            (5) Enforcement and penalties.--Section 19 of the Animal 
        Welfare Act (7 U.S.C. 2149) is amended--
                    (A) in subsections (b) and (c), by striking 
                ``carrier, or operator of an auction sale subject to 
                section 12 of this Act,'' both places it appears and 
                inserting ``or carrier''; and
                    (B) in subsection (d), by striking ``, exhibitor, 
                or operator of an auction sale subject to section 12 of 
                this Act,'' and inserting ``or exhibitor''.

SEC. 6. ENFORCEMENT AND PENALTIES.

    Subsection (a) of section 19 of the Animal Welfare Act (7 U.S.C. 
2149), is amended to read as follows:
    ``(a) Suspension or Refusal To Renew License.--
            ``(1) Temporary and final orders.--If the Secretary has 
        reason to believe that a person licensed under this Act has 
        violated or is violating any provision of this Act (or the 
        regulations or standards issued under this Act), the Secretary 
        may suspend or refuse to renew the person's license 
        temporarily, but not to exceed 120 days except as provided in 
        paragraph (3). If after notice and opportunity for hearing the 
        violation is determined to have occurred, the Secretary may 
        suspend or refuse to renew the person's license for such 
        additional period as the Secretary may specify or revoke the 
        license. An order suspending, revoking, or refusing to renew a 
        license after notice and opportunity for hearing shall be 
        effective pending the final determination of the Secretary.
            ``(2) Notice of temporary action; licensee rights.--When 
        the Secretary temporarily suspends or refuses to renew a 
        license under paragraph (1), the Secretary shall promptly send 
        written notice to the licensee informing the licensee of the 
        following:
                    ``(A) The nature of the alleged violation.
                    ``(B) The time and place of the alleged violation.
                    ``(C) The action of the Secretary in response to 
                the alleged violation.
                    ``(D) The right of the licensee to request a 
                hearing on the matter only during the 10-day period 
                beginning on the date the licensee receives the written 
                notice.
            ``(3) Time for hearing.--A hearing on an alleged violation 
        shall be held within 30 days after the date on which the 
        Secretary receives the request for the hearing. However, unless 
        the licensee requests the hearing within 10 days of receipt of 
        the written notice, the licensee shall forfeit any right to a 
        hearing within such 30-day period, and the suspension or 
        refusal to renew shall remain in effect until a hearing is held 
        and the administrative law judge issues a decision and order.
            ``(4) Time for decision.--The administrative law judge 
        shall issue a decision and order within 30 days after the 
        conclusion of a hearing whenever a suspension or refusal to 
        renew is in effect.''.

SEC. 7. INJUNCTION AUTHORITY.

    Subsection (a) of section 29 of the Animal Welfare Act (7 U.S.C. 
2159) is amended to read as follows:
    ``(a) Request for Attorney General To Apply for Injunction.--
            ``(1) Request.--Whenever the Secretary has reason to 
        believe that a person described in paragraph (2) should be 
        enjoined from operating in violation of this Act or the 
        regulations and standards issued under this Act, the Secretary 
        shall notify the Attorney General. Upon notification, the 
        Attorney General may apply to the United States district court 
        for the district in which the person resides or conducts 
        business for a temporary restraining order or preliminary 
        injunction to prevent the person from operating in violation of 
        this Act or the regulations and standards prescribed under this 
        Act.
            ``(2) Circumstances for making request.--A person referred 
        to in paragraph (1) is a dealer, exhibitor, research facility, 
        carrier, or intermediate handler that the Secretary has reason 
        to believe--
                    ``(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 under this Act; or
                    ``(C) is otherwise in violation of this Act or the 
                regulations and standards issued under this Act.
            ``(3) Dealing in animals.--For purposes of paragraph (2), a 
        person who engages in any of the activities described in 
        section 2(f)(1) shall be considered to be dealing in 
        animals.''.