[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 398 Introduced in House (IH)]

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115th CONGRESS
  1st Session
                                H. R. 398

     To amend title 18, United States Code, with respect to civil 
            forfeitures relating to certain seized animals.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 10, 2017

Mr. Katko (for himself, Ms. Judy Chu of California, Mr. Sensenbrenner, 
and Ms. Jackson Lee) introduced the following bill; which was referred 
                   to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
     To amend title 18, United States Code, with respect to civil 
            forfeitures relating to certain seized animals.

    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 ``Help Extract Animals from Red Tape 
Act of 2017'' or the ``HEART Act of 2017''.

SEC. 2. REDUCED NOTICE PERIOD.

    (a) Notice Timing for Cases of Animal Seizure.--Section 
983(a)(1)(A) of title 18, United States Code, is amended by adding at 
the end the following new clause:
                            ``(vi) With respect to an animal seized 
                        under section 26 of the Animal Welfare Act or 
                        under section 1955 of this title, clauses (i), 
                        (ii), (iii), and (v), shall be applied by 
                        substituting `30-days' for `60-days'.''.
    (b) Notice Procedures for Cases of Animal Seizure.--Section 
983(a)(1) of title 18, United States Code, as amended by this Act, is 
amended--
            (1) in subparagraph (B) by inserting ``and with respect to 
        an animal seized under section 26 of the Animal Welfare Act or 
        section 1955 of this title, that the delay is warranted in 
        light of the criteria in subparagraph (G)'' after ``if the 
        official determines that the conditions in subparagraph (D) are 
        present,'';
            (2) in subparagraph (C) by inserting ``and with respect to 
        an animal seized under section 26 of the Animal Welfare Act or 
        section 1955 of this title, that the delay is warranted in 
        light of the criteria in subparagraph (G)'' after ``that the 
        conditions in subparagraph (D) are present,''; and
            (3) by adding after subparagraph (F), the following:
                    ``(G) With respect to an animal seized under 
                section 26 of the Animal Welfare Act or section 1955 of 
                this title, the period for sending notice under this 
                paragraph may be extended only after consideration of 
                the following:
                            ``(i) The cost to the government of caring 
                        and providing shelter for the animal.
                            ``(ii) The psychological and physical 
                        health of the animal and the effect the delay 
                        will have on its rehabilitation.
                            ``(iii) Any increased risk that the delay 
                        could necessitate the euthanasia of the 
                        animal.''.

SEC. 3. SEIZURES OF ANIMALS.

    (a) Payment for Certain Costs.--Section 524(c)(1) of title 28, 
United States Code, is amended by adding after subparagraph (I), the 
following:
                    ``(J) payment for the transportation, shelter, 
                care, veterinary services, and where appropriate, 
                humane euthanasia of an animal seized under section 26 
                of the Animal Welfare Act or under section 1955 of 
                title 18.''.
    (b) Reimbursement and Proportionality.--Section 983(h) of title 18, 
United States Code, is amended by adding at the end, the following:
            ``(4) In any civil forfeiture proceeding in which the 
        Government prevails, the court shall require the claimant, to 
        reimburse the United States for any actual and reasonable costs 
        to the government for the transportation, shelter, care, 
        veterinary services, or where appropriate, humane euthanasia of 
        an animal that was the subject of the proceeding. The 
        reimbursement shall be credited to the agency or fund that was 
        used to pay the costs being reimbursed.
            ``(5) In any civil forfeiture proceeding in which an animal 
        is subject of the proceeding, the court may reduce the size of 
        a reimbursement based on any of the following factors:
                    ``(A) The seriousness of the offense.
                    ``(B) The culpability of the claimant.
                    ``(C) The claimant's prior record.
                    ``(D) The claimant's financial condition and need 
                to support a family.
                    ``(E) The purpose of the forfeiture statute in 
                question.''.
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