[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 736 Introduced in Senate (IS)]







108th CONGRESS
  1st Session
                                 S. 736

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 27, 2003

  Mr. Ensign (for himself, Mr. Allard, Ms. Cantwell, Mr. Dorgan, Mr. 
Harkin, Mr. Levin, Mr. Lugar, Mr. Hagel, Mr. Lieberman, Mr. Wyden, Mr. 
  Reid, and Mr. Leahy) introduced the following bill; which was read 
  twice and referred to the Committee on Agriculture, Nutrition, and 
                                Forestry

_______________________________________________________________________

                                 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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