I
117th CONGRESS
2d Session
H. R. 9309
IN THE HOUSE OF REPRESENTATIVES
November 16, 2022
Mrs. Axne (for herself, Mr. Bacon, Mr. Amodei, Mr. Carter of Louisiana, Mr. Carter of Georgia, Mr. Fitzpatrick, Ms. Mace, Mr. McGovern, and Mr. Quigley) introduced the following bill; which was referred to the Committee on Agriculture, and in addition to the Committee on Oversight and Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned
A BILL
To amend the Animal Welfare Act to provide for greater protection of roosters, and for other purposes.
Definition of rooster
Section 2 of the Animal Welfare Act (7 U.S.C. 2132) is amended by adding at the end the following:
The term rooster
means any male member of Gallus Domesticus species older than 6 months.
.
Use of Postal Service or other interstate instrumentality to transport roosters
Section 26(c) of the Animal Welfare Act (7 U.S.C. 2156(c)) is amended—
in the subsection heading, by inserting or to transport roosters
after instrumentality
;
by striking for purposes of advertising
and inserting the following:
for purposes of advertising
;
by striking United States.
and inserting United States; or
; and
by adding at the end the following:
to transport a rooster.
.
Animal fighting venture simulcasting prohibited
Section 26(a) of the Animal Welfare Act (7 U.S.C. 2156(a)) is amended—
in the subsection heading by striking Sponsoring or Exhibiting an Animal in, Attending, or Causing an Individual Who Has Not Attained the Age of 16 To Attend, an Animal Fighting Venture
and inserting the following: Sponsoring or Exhibiting an Animal in, Attending, Causing a Minor To Attend, or Simulcasting an Animal Fighting Venture
; and
by adding at the end the following:
Animal venture simulcasting
No person shall transmit or receive international, interstate or intrastate simulcasting of an animal fighting venture in the United States or any territory of the United States.
.
Civil citizen suits; seizure
Section 26(e) of the Animal Welfare Act (7 U.S.C. 2156(e)) is amended—
by striking Investigation of Violations by Secretary;
and all that follows through The Secretary or any other person authorized by him
and inserting the following:
Investigations; civil citizen suits
Investigation of Violations by Secretary; Assistance by Other Federal Agencies; Issuance of Search Warrant; Forfeiture; Costs Recoverable in Forfeiture or Civil Action
The Secretary, or any other person authorized by the Secretary,
; and
by adding at the end the following:
Civil citizen suits
In general
Any person may commence a civil suit in Federal district court on their own behalf to enjoin any person who is alleged to be in violation of any provision of this section.
Amount of fine
For any person found to have violated a provision of this section in any suit brought pursuant to subparagraph (A), the court may issue a fine in an amount not greater than $5,000 for each violation.
Limitation
No action may be commenced under subparagraph (A)—
prior to 60 days after written notice of the violation has been given to the Secretary, and to any alleged violator of any such provision;
if the Secretary has commenced an action to impose a penalty pursuant to paragraph (1); or
if the United States has commenced, and is diligently prosecuting, a criminal action in a court of the United States or a State to redress a violation of any provision of this section.
Jurisdiction
Any suit under this paragraph may be brought in the judicial district in which the violation occurs. In any such suit under this paragraph, the Attorney General, at the request of the Secretary, may intervene on behalf of the United States as a matter of right.
Attorney’s fees
The court, in issuing any final order in any suit brought pursuant to subparagraph (A), may award costs of litigation (including reasonable attorney and expert witness fees) to any party, whenever the court determines such award is appropriate.
Seizure
Whoever is found, pursuant to an investigation under paragraph (1) of this subsection, to have violated subsection (a)(1) shall, in addition to such penalties applicable under paragraph (1) of this subsection, be subject to seizure of all real property, including any right, title, and interest (including any leasehold interest) in the whole of any lot or tract of land and any appurtenances or improvements, which is used, or intended to be used, in any manner or part, to commit, or to facilitate the commission of, a violation of subsection (a)(1).
.
Technical corrections
Agricultural Act of 2014
Effective as if included in the enactment of the Agricultural Act of 2014 (Public Law 113–79), section 12308(b)(1) of such Act is amended—
in subparagraph (A), by striking and
at the end; and
by striking subparagraph (B) and inserting the following:
in paragraph (1)—
in the heading, by striking In General
and inserting Sponsoring or Exhibiting
; and
by striking paragraph (2)
and inserting paragraph (3)
;
by redesignating paragraph (2) as paragraph (3); and
by inserting after paragraph (1) the following:
Attending or causing an individual who has not attained the age of 16 to attend
It shall be unlawful for any person to—
knowingly attend an animal fighting venture; or
knowingly cause an individual who has not attained the age of 16 to attend an animal fighting venture.
.
.
Animal Welfare Act
Section 26(h) of the Animal Welfare Act (7 U.S.C. 2156(h)) is amended to read as follows:
Conflict with State law
The provisions of this Act shall not supersede or otherwise invalidate any such State, local, or municipal legislation or ordinance relating to animal fighting ventures except in case of a direct and irreconcilable conflict between any requirements thereunder and this Act or any rule, regulation, or standard hereunder.
.
Nonmailable matter
Section 3001(a) of title 39, United States Code, is amended by striking title 18,
and all that follows through the period at the end and inserting the following: title 18, or section 26 of the Animal Welfare Act, is nonmailable.
.