Clarification with respect to issuance of licenses

Section 3 of the Animal Welfare Act (7 U.S.C. 2133) is amended to read as follows: 3. Licenses (a) In general Subject to subsections (c), (d), and (e), the Secretary shall issue licenses to dealers and exhibitors upon— (1) the submission of an application for such license that— (A) contains an inventory of all animals present in all of the applicant’s facilities; and (B) is submitted in such form and manner as the Secretary may prescribe; and (2) payment of such fee established pursuant to section 23. (b) Validity of license A license issued under subsection (a) shall be valid for a period not to exceed 1 calendar year. An applicant shall submit an application to obtain a new license under such subsection each calendar year before the expiration of the previously issued license. (c) Prohibited dealers and exhibitors Notwithstanding subsection (a), the Secretary may not issue a license under such subsection to a dealer or exhibitor if— (1) such dealer or exhibitor has been found to have violated (including by entering a nolo contendere, no contest plea, or guilty plea with respect to the violation) Federal, State, or local laws relating to animals, including this Act and any other anti-animal cruelty or wildlife protection law; or (2) the issuance of a license to such dealer or exhibitor would facilitate the circumvention of State or local law prohibiting the private ownership of certain animals. (d) Unannounced facility inspections (1) In general Notwithstanding subsection (a) and except as provided in paragraph (2), the Secretary may not issue a new license under such subsection to a dealer or exhibitor in possession of a valid, effective license previously issued under such subsection until the dealer or exhibitor shall have demonstrated through at least one full, unannounced, annual inspection, that the facilities of such dealer or exhibitor at the time of inspection— (A) comply with the standards promulgated by the Secretary pursuant to section 13; and (B) have not been documented as having not complied with any such standard during more than one inspection in the previous 2 calendar years. (2) New applicants In the case of an applicant seeking to be licensed as a dealer or exhibitor under subsection (a) who has not previously been so licensed, the applicant shall not be eligible for more than 2 inspections conducted pursuant to paragraph (1). Both such inspections shall be conducted within the 90-day period that begins on the date of the receipt of the application by the Secretary. If, upon the second inspection, the applicant is found to have failed to meet any standard promulgated by the Secretary pursuant to section 13, the Secretary shall deny the application for such license and such applicant may not submit an application for such a license for a one-year period beginning on the date on which the application is so denied. (e) Exception Notwithstanding subsection (a), a dealer or exhibitor shall not be required to obtain a license as a dealer or exhibitor under this Act if the size of the business is determined by the Secretary to be de minimis..