[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3327 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 3327

   To amend the Animal Welfare Act to prohibit dog fighting ventures.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             August 2, 2007

 Mr. Gallegly (for himself, Mr. Blumenauer, Mr. Shimkus, Mr. Calvert, 
    Mr. Gary G. Miller of California, Mr. Markey, Mr. Bilbray, Mr. 
Costello, Mrs. Miller of Michigan, Mr. Pallone, Mr. Upton, Mr. Lewis of 
Kentucky, Mr. Doyle, Mr. Gilchrest, Mr. Kildee, Mr. Berman, Ms. Loretta 
Sanchez of California, Mr. Sherman, Mrs. Lowey, Mr. Wolf, Mr. Thompson 
  of California, Mr. Rothman, Ms. Linda T. Sanchez of California, Mr. 
Saxton, Mr. Coble, Mr. Burton of Indiana, Mr. LoBiondo, Mr. Castle, Mr. 
  Baird, Mr. Waxman, Mr. Everett, Mr. Bilirakis, Mr. Abercrombie, Mr. 
   Shays, Mr. Kucinich, Mr. Jones of North Carolina, Ms. Eshoo, Ms. 
Watson, Mr. Moran of Virginia, Mr. Whitfield, Mr. Ramstad, Mr. McHugh, 
  Ms. Harman, Mr. Forbes, Mr. Tom Davis of Virginia, Mr. Weiner, Mr. 
Schiff, Mr. Ackerman, Mrs. Myrick, Ms. Hooley, Mr. Smith of New Jersey, 
Mr. Campbell of California, Ms. Zoe Lofgren of California, Mr. Lantos, 
 and Mrs. Biggert introduced the following bill; which was referred to 
 the Committee on Agriculture, and in addition to the Committee on the 
 Judiciary, 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 prohibit dog fighting ventures.

    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 ``Federal Dog Protection Act''.

SEC. 2. PROHIBITIONS ON DOG FIGHTING VENTURES.

    (a) In General.--Section 26 of the Animal Welfare Act (7 U.S.C. 
2156) is amended to read as follows:
            (1) in subsection (a)(1)--
                    (A) by striking ``any person to knowingly sponsor'' 
                and inserting ``any person--
                    ``(A) to knowingly sponsor'';
                    (B) by striking the period at the end and inserting 
                ``; or'' and
                    (C) by adding at the end the following:
                    ``(B) to knowingly sponsor or exhibit an animal in, 
                or knowingly attend, a dog fighting venture.'';
            (2) in subsection (b)--
                    (A) by striking ``any person to knowingly sell'' 
                and inserting ``any person--
                    ``(A) to knowingly sell'';
                    (B) by striking the period at the end and inserting 
                ``; or'' and
                    (C) by adding at the end the following:
                    ``(B) to knowingly sell, buy, possess, train, 
                transport, deliver, or receive for purposes of 
                transportation, any dog or other animal, for the 
                purposes of having the dog or other animal, or 
                offspring of the dog or other animal, participate in a 
                dog fighting venture.'';
            (3) by striking subsection (c) and inserting the following:
    ``(c) Use of Postal Service or other interstate instrumentality
It shall be unlawful for any person to knowingly use the mail service 
of the United States Postal Service or any instrumentality of 
interstate commerce for commercial speech that promotes, or in any 
other manner furthers, the actions prohibited by subsections (a), (b), 
or (e).'';
            (4) in subsection (f) by striking ``by the United States'' 
        before ``for care of animals seized and forfeited''.;
            (5)(A) by redesignating subsections (g), (h), and (i) as 
        subsections (h), (i), and (j), respectively; and
            (B) by inserting before subsection (h) (as so redesignated) 
        the following:
    ``(g) Supplemental Enforcement.--
            ``(1) Except as provided in paragraph (2) of this 
        subsection, any animal control agency, humane society, or 
        society for the prevention of cruelty to animals may commence a 
        civil suit to enjoin any private party who is alleged to be in 
        violation of any provision of this section concerning animal 
        fighting.
            ``(2) No action may be commenced under this subsection 
        prior to sixty days after written notice of the violation has 
        been given to the Secretary of Agriculture and to any alleged 
        violator of any provision of this section, except that such 
        action may be brought immediately after such notification in 
        the case of an action under this subsection respecting an 
        emergency posing an immediate risk of death or grievous 
        suffering to the well-being of any animal covered by this 
        section.
            ``(3) In any suit under this subsection in which the United 
        States is not a party, the Attorney General, at the request of 
        the Secretary, may intervene on behalf of the United States as 
        a matter of right.
            ``(4) The court, in issuing any final order in any suit 
        under this subsection, may award costs of litigation to any 
        party, whenever the court determines such award is appropriate.
            ``(5) The injunctive relief provided by this subsection 
        shall not restrict any right which any person may have under 
        any statute or common law to seek enforcement of any standard 
        or limitation or to seek any other relief.''; and
            (6) in subsection (h) (as so redesignated)--
                    (A) in paragraph (5), by striking ``and'' at the 
                end;
                    (B) by redesignating paragraph (6) as paragraph 
                (7); and
                    (C) by inserting after paragraph (5) the following:
            ``(6) the term `dog fighting venture'--
                    ``(A) means any event that--
                            ``(i) involves a fight between at least 2 
                        animals;
                            ``(ii) includes at least one dog; and
                            ``(iii) is conducted for purposes of sport, 
                        wagering, or entertainment; and
                    ``(B) does not include any activity the primary 
                purpose of which involves the use of 1 or more animals 
                to hunt another animal.''.
    (b) Enforcement of Animal Fighting Prohibitions.--Section 49 of 
title 18, United States Code, is amended by inserting ``(or in the case 
of a dog fighting venture (as defined in section 26(g) of that Act) not 
more than 5 years)'' before ``, or both''.
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