I
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 Representa-
tives 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 trans-
fers—
‘‘(A) any animal, whether alive or dead, for
research, experimentation, teaching, exhibition,
or use as a pet;
‘‘(B) any dog for hunting or security pur-
poses; or
‘‘(C) any dog or cat for breeding purposes;
‘‘(2) includes—
‘‘(A) operators of auction sales; and
‘‘(B) any person who owns or leases prem-
ises which are used for trade days or flea mar-
kets 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 dem-
onstrated compliance with the regulations and stand-
ards 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 equiva-
lent thereto, to a charge of violating—
‘‘(i) any treaty, Federal, State, or local law
involving the care or treatment of, or record-
keeping 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 threat-
ened species;
‘‘(C) to any person who has failed to pay a civil
penalty which was previously assessed by the Sec-
retary 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 li-
censing 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 deal-
ers 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; ACQUI-
SITIONS BY RESEARCH FACILITIES; CON-
FORMING 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 consign-
ing 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 de-
leting ‘‘or, operator of an auction sale subject to sec-
tion 12 of this Act,’’ and inserting ‘‘or’’ after ‘‘han-
dler,’’;
(2) in the first sentence of subsection (c) by de-
leting ‘‘, or operator of an auction sale subject to
is entitled to such hearing within 30 days of the sus-
pension 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 deci-
sion 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 li-
cense 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 Sec-
retary.’’.
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 dan-
ger, 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 vio-
lation of this Act or the regulations or standards is-
sued thereunder.
‘‘(2) After notification under paragraph (1), the At-
torney General may apply to the United States district
court for the district in which the violator resides or con-
ducts business for a temporary restraining order or pre-
liminary injunction to prevent such violator from operat-
ing in violation of this Act or the regulations or standards
prescribed under this Act.’’.
Æ