[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 3118 Introduced in Senate (IS)]







107th CONGRESS
  2d Session
                                S. 3118

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 16, 2002

 Mr. Ensign (for himself, Mr. Allard, and Ms. Cantwell) introduced the 
 following bill; which was read twice and referred to the Committee on 
                  Agriculture, Nutrition, and Forestry

_______________________________________________________________________

                                 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 Prohibition 
Enforcement Act''.

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

    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))--
                    (A) by striking ``subsection (c)'' and inserting 
                ``subsection (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''; and
            (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 and 
        local governmental agencies in the conduct of investigations 
        under paragraph (1).
            ``(3) Warrants.--
                    ``(A) Issuance.--A judge of the United States, 
                United States magistrate judge, or judge of a State 
                court of record 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 may 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) Disposition of animals.--
                    ``(A) In general.--At the discretion of the United 
                States marshal or other authorized person, an animal 
                seized under paragraph (3) shall be taken promptly to 
                an animal housing facility in which the animal may 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, the 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 may be stored humanely; and
                            ``(ii) keep the remaining animals at the 
                        location where they were seized and 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, the 
        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, 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, or other property or thing is found, and on 
                entry of a judgment of forfeiture shall be disposed of 
                by humane means, as the court may direct.
                    ``(B) 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.
                    ``(C) 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 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.''.
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