[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5268 Introduced in House (IH)]







107th CONGRESS
  2d Session
                                H. R. 5268

   To strengthen enforcement of provisions of the Animal Welfare Act 
          relating to animal fighting, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 26, 2002

 Mr. Andrews (for himself, Mr. Gilman, Mr. Blumenauer, Mr. Bartlett of 
  Maryland, Mr. Smith of New Jersey, and Mr. Tancredo) introduced the 
   following bill; which was referred to the Committee on Agriculture

_______________________________________________________________________

                                 A BILL


 
   To strengthen enforcement of provisions of the Animal Welfare Act 
          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 Enforcement Act''.

SEC. 2. ENFORCEMENT OF ANIMAL FIGHTING PROHIBITIONS UNDER ANIMAL 
              WELFARE ACT.

    Section 26 of the Animal Welfare Act (7 U.S.C. 2156) is amended--
            (1) in subsection (e), by striking ``1 year'' and inserting 
        ``2 years'';
            (2) by redesignating subsections (c) through (h) as 
        subsections (d) through (i), respectively;
            (3) by inserting after subsection (b) the following new 
        subsection:
    ``(c) It shall be unlawful for any person to knowingly sell, buy, 
transport, or deliver in interstate or foreign commerce a knife or gaff 
or any other sharp instrument attached or designed or intended to be 
attached to a bird's leg for use in an animal fighting venture.''; and
            (4) by striking subsection (g) (as so redesignated) and 
        inserting the following new subsection:
    ``(g)(1) The Secretary or any other person authorized by him shall 
make such investigations as the Secretary deems necessary to determine 
whether any person has violated or is violating any provision of this 
section, and the Secretary may obtain the assistance of the Federal 
Bureau of Investigation, the Department of the Treasury, or other law 
enforcement agencies of the United States, and State and local 
governmental agencies, in the conduct of such investigations, under 
cooperative agreements with such agencies.
    ``(2) A warrant to search for and seize any animal, paraphernalia, 
instruments, or other property or things which there is probable cause 
to believe were involved, about to be involved, or intended to be 
involved in any violation of this section shall be issued by any judge 
of the United States or State court of record or by a United States 
magistrate judge within the district where the animal sought is 
located. Any United States marshal or any person authorized under this 
section to conduct investigations may apply for and execute any such 
warrant, and any animal, paraphernalia, instruments, or other property 
or things seized under such a warrant shall be held by the United 
States marshal or other authorized person pending disposition thereof 
by a court in accordance with this subsection.
    ``(3) All animals seized shall, at the discretion of the United 
States marshal or other authorized person, be taken promptly to an 
animal housing facility in which the animals may be stored humanely. If 
such an animal storage facility is not available, the United States 
marshal or other authorized person may cause the animals involved, 
about to be involved, or intended to be involved in any violation of 
this section to remain at the location at which they were found, in 
which case the United States marshal or other authorized person shall--
            ``(A) seize a representative sample of animals for 
        evidentiary purposes to be transported to an animal storage 
        facility in which the animals may be stored humanely; and
            ``(B) cause all animals used in committing the alleged 
        offenses to be banded, tagged, or marked by microchip, and 
        photographed or videotaped for evidentiary purposes.
    ``(4) Necessary care, including but not limited to housing, 
feeding, and veterinary treatment, shall be provided while the animals 
are so held in custody. Any animal, paraphernalia, instruments, or 
other property or things involved in any 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, instruments, or other property or things are 
found and upon a judgment of forfeiture shall be disposed of by humane 
means, as the court may direct. Costs incurred by the United States for 
care of animals seized and forfeited under this section shall be 
recoverable from the owner of the animals if he or she appears in such 
forfeiture proceeding or in a separate civil action brought in the 
jurisdiction in which the owner is found, resides, or transacts 
business.
    ``(5) The owner, custodian, or other person claiming an interest in 
an animal seized 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 for any jurisdiction in which the animal is found to 
post, not later than 10 days after the animal has been seized, a bond 
with the court in an amount sufficient to provide for the animal's care 
(including but not limited to housing, feeding, and veterinary 
treatment) for not less than 30 days, beginning from the date the 
animal was seized. The owner may renew a bond, or be ordered to renew a 
bond, by posting a new bond, in an amount sufficient to provide for the 
animal's care and keeping 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. If a bond expires and is not renewed, the animal may 
be disposed of as provided in paragraph (4).
    ``(6) Notwithstanding paragraphs (1) through (5), the animal may be 
humanely euthanized if a veterinarian determines that the animal is 
suffering extreme pain.''.
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