[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1532 Introduced in House (IH)]
108th CONGRESS
1st Session
H. R. 1532
To amend the Animal Welfare Act to strengthen enforcement of provisions
relating to animal fighting, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 1, 2003
Mr. Bartlett of Maryland (for himself, Mr. Andrews, Mrs. McCarthy of
New York, Mr. Ackerman, Mr. Tancredo, and Mr. Blumenauer) introduced
the following bill; which was referred to the Committee on Agriculture
_______________________________________________________________________
A BILL
To amend the Animal Welfare Act to strengthen enforcement of provisions
relating to animal fighting, and for other purposes.
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 Fighting Prohibition
Enforcement Act''.
SEC. 2. ENFORCEMENT OF ANIMAL FIGHTING PROHIBITIONS UNDER THE ANIMAL
WELFARE ACT.
(a) In General.--Section 26 of the Animal Welfare Act (7 U.S.C.
2156) is amended--
(1) by redesignating subsections (c) through (h) as
subsections (d) through (i), respectively;
(2) by inserting after subsection (b) the following:
``(c) Sharp Instruments.--It shall be unlawful for any person to
knowingly sell, buy, transport, or deliver in interstate or foreign
commerce a knife, a gaff, or any other sharp instrument attached, or
designed or intended to be attached, to the leg of a bird for use in an
animal fighting venture.'';
(3) in subsection (e) (as redesignated by paragraph (1)),
by striking ``(c)'' and inserting ``(d)'';
(4) in subsection (f) (as redesignated by paragraph (1))--
(A) by striking ``(a), (b), or (c)'' and inserting
``(a), (b), (c), or (d)''; and
(B) by striking ``1 year'' and inserting ``2
years'';
(5) by striking subsection (g) (as redesignated by
paragraph (1)) and inserting the following:
``(g) Investigations.--
``(1) In general.--The Secretary or any person authorized
by the Secretary shall make such investigations as the
Secretary considers necessary to determine whether any person
has violated or is violating any provision of this section.
``(2) Assistance.--Through cooperative agreements, the
Secretary may obtain the assistance of the Federal Bureau of
Investigation, the Department of the Treasury, and other law
enforcement agencies of the United States and of State, tribal,
and local governmental agencies in the conduct of an
investigation under paragraph (1).
``(3) Warrants.--
``(A) Issuance.--A judge of the United States,
United States magistrate judge, or judge of a State or
tribal court of competent jurisdiction in the district
in which is located an animal, paraphernalia,
instrument, or other property or thing that there is
probable cause to believe was involved, is about to be
involved, or is intended to be involved in a violation
of this section shall issue a warrant to search for and
seize the animal or other property or thing.
``(B) Application; execution.--A United States
marshal or any person authorized under this section to
conduct an investigation may apply for and execute a
warrant issued under subparagraph (A), and any animal,
paraphernalia, instrument, or other property or thing
seized under such a warrant shall be held by the
authorized person pending disposition of the animal,
paraphernalia, instrument, or other property or thing
by a court in accordance with this subsection.
``(4) Storage of animals.--
``(A) In general.--An animal seized by a United
States marshal or other authorized person under
paragraph (3) shall be taken promptly to an animal
housing facility in which the animal shall be stored
humanely.
``(B) No facility available.--If there is not
available a suitable animal storage facility sufficient
in size to hold all of the animals involved in a
violation, a United States marshal or other authorized
person shall--
``(i) seize a representative sample of the
animals for evidentiary purposes to be
transported to an animal storage facility in
which the animals shall be stored humanely; and
``(ii)(I) keep the remaining animals at the
location where the animals were seized;
``(II) provide for the humane care of the
animals; and
``(III) cause the animals to be banded,
tagged, or marked by microchip and photographed
or videotaped for evidentiary purposes.
``(5) Care.--While a seized animal is held in custody, a
United States marshal or other authorized person shall ensure
that the animal is provided necessary care (including housing,
feeding, and veterinary treatment).
``(6) Forfeiture.--
``(A) In general.--Any animal, paraphernalia,
instrument, vehicle, money, or other property or thing
involved in a violation of this section shall be liable
to be proceeded against and forfeited to the United
States at any time on complaint filed in any United
States district court or other court of the United
States for any jurisdiction in which the animal,
paraphernalia, instrument, vehicle, money, or other
property or thing is found.
``(B) Disposition.--On entry of a judgment of
forfeiture, a forfeited animal shall be disposed of by
humane means, as the court may direct.
``(C) Costs.--Costs incurred by the United States
for care of an animal seized and forfeited under this
section shall be recoverable from the owner of the
animal--
``(i) in the forfeiture proceeding, if the
owner appears in the forfeiture proceeding; or
``(ii) in a separate civil action brought
in the jurisdiction in which the owner is
found, resides, or transacts business.
``(D) Claim to property.--
``(i) In general.--The owner, custodian, or
other person claiming an interest in a seized
animal may prevent disposition of the animal by
posting, or may be ordered by any United States
district court or other court of the United
States, or by any tribal court, for any
jurisdiction in which the animal is found to
post, not later than 10 days after the animal
is seized, a bond with the court in an amount
sufficient to provide for the care of the
animal (including housing, feeding, and
veterinary treatment) for not less than 30
days.
``(ii) Renewal.--The owner, custodian, or
other person claiming an interest in a seized
animal may renew a bond, or be ordered to renew
a bond, by posting a new bond, in an amount
sufficient to provide for the care of the
animal for at least an additional 30 days, not
later than 10 days after the expiration of the
period for which a previous bond was posted.
``(iii) Disposition.--If a bond expires and
is not renewed, the animal may be disposed of
as provided in subparagraph (A).
``(7) Euthanization.--Notwithstanding paragraphs (1)
through (6), an animal may be humanely euthanized if a
veterinarian determines that the animal is suffering extreme
pain.''; and
(6) in subsection (h) (as redesignated by paragraph (1))--
(A) in subparagraphs (A) and (B) of paragraph (2),
by inserting before the semicolon the following:
``(including a movement to, from, or within land under
the jurisdiction of an Indian tribe)''; and
(B) in paragraph (3), by striking ``telephone,
radio, or television'' and inserting ``telephone, the
Internet, radio, television, or any technology''.
(b) Authorization of Appropriations.--Section 23 of the Animal
Welfare Act (7 U.S.C. 2153) is amended--
(1) by striking ``Sec. 23. The Secretary'' and inserting
the following:
``SEC. 23. FEES; AUTHORIZATION OF APPROPRIATIONS.
``(a) Fees.--The Secretary''; and
(2) by striking the third sentence and inserting the
following:
``(b) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this Act.''.
(c) Effective Date.--The amendments made by this section take
effect on the later of--
(1) the date of enactment of this Act; or
(2) May 13, 2003.
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