I
105TH CONGRESS
1ST SESSION
H. R. 635
To amend the Animal Welfare Act to extend the licensing requirements
of the Act to additional dealers in animals and to strengthen the registra-
tion, prohibition, and enforcement provisions of the Act.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 6, 1997
Mr. FOX of Pennsylvania (for himself, Mr. LANTOS, Mrs. KELLY, Mr. NEAL
of Massachusetts, Ms. RIVERS, Mr. GUTIERREZ, Mr. SHAYS, Ms. FURSE,
Ms. MOLINARI, Mr. MANTON, Mr. ANDREWS, and Mr. FARR of Califor-
nia) introduced the following bill; which was referred to the Committee
on Agriculture
A BILL
To amend the Animal Welfare Act to extend the licensing
requirements of the Act to additional dealers in animals
and to strengthen the registration, prohibition, and en-
forcement provisions of the 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 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 Ani-
mal Welfare Act (7 U.S.C. 2132) is amended to read as
follows:
‘‘(f) DEALER.—(1) The term ‘dealer’ means any per-
son who (in commerce for compensation or profit) ac-
quires, 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 re-
search, 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 ani-
mals 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 sub-
sections (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 li-
censes to dealers and exhibitors upon payment of the ap-
plicable fee established pursuant to section 23 and dem-
onstration by the dealer or exhibitor of compliance with
the regulations and standards promulgated by the Sec-
retary pursuant to this Act.
‘‘(b) LICENSING EXEMPTIONS.—
‘‘(1) EXEMPTIONS
AUTHORIZED.—The Sec-
retary may issue regulations exempting persons de-
scribed in paragraph (2) from licensing and other
requirements under this Act, subject to such condi-
tions as the Secretary may prescribe, if, in the judg-
ment 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 pur-
poses.
‘‘(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 ani-
mals, 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 re-
gard to any of the following persons:
‘‘(1) A person whose license has been sus-
pended, 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 pen-
alty previously assessed by the Secretary under this
Act.
‘‘(3) A person who has been convicted of, or en-
tered 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 rec-
ordkeeping for, animals.
‘‘(B) The Marine Mammal Protection Act
of 1972 (16 U.S.C. 1361 et seq.), the Endan-
gered 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 EX-
EMPTION.
‘‘(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 li-
censing 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 RE-
QUIREMENTS 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 Ani-
mal 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 auc-
tion 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 ap-
pears and inserting ‘‘or carrier’’; and
(B) in subsection (d), by striking ‘‘, exhibi-
tor, or operator of an auction sale subject to
section 12 of this Act,’’ and inserting ‘‘or ex-
hibitor’’.
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 LI-
CENSE.—
‘‘(1) TEMPORARY AND FINAL ORDERS.—If the
Secretary has reason to believe that a person li-
censed 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; 
LI-
CENSEE RIGHTS.—When the Secretary temporarily
suspends or refuses to renew a license under para-
graph (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 vio-
lation.
‘‘(C) The action of the Secretary in re-
sponse 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 re-
ceives the written notice.
‘‘(3) TIME FOR HEARING.—A hearing on an al-
leged 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 hear-
ing within such 30-day period, and the suspension or
refusal to renew shall remain in effect until a hear-
ing 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 para-
graph (2) should be enjoined from operating in vio-
lation 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 regula-
tions 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 consid-
ered to be dealing in animals.’’.
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