[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9309 Introduced in House (IH)]
<DOC>
117th CONGRESS
2d Session
H. R. 9309
To amend the Animal Welfare Act to provide for greater protection of
roosters, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 16, 2022
Mrs. Axne (for herself, Mr. Bacon, Mr. Amodei, Mr. Carter of Louisiana,
Mr. Carter of Georgia, Mr. Fitzpatrick, Ms. Mace, Mr. McGovern, and Mr.
Quigley) introduced the following bill; which was referred to the
Committee on Agriculture, and in addition to the Committee on Oversight
and Reform, 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 provide for greater protection of
roosters, 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. DEFINITION OF ROOSTER.
Section 2 of the Animal Welfare Act (7 U.S.C. 2132) is amended by
adding at the end the following:
``(p) The term `rooster' means any male member of Gallus Domesticus
species older than 6 months.''.
SEC. 2. USE OF POSTAL SERVICE OR OTHER INTERSTATE INSTRUMENTALITY TO
TRANSPORT ROOSTERS.
Section 26(c) of the Animal Welfare Act (7 U.S.C. 2156(c)) is
amended--
(1) in the subsection heading, by inserting ``or to
Transport Roosters'' after ``Instrumentality'';
(2) by striking ``for purposes of advertising'' and
inserting the following:
``(1) for purposes of advertising'';
(3) by striking ``United States.'' and inserting ``United
States; or''; and
(4) by adding at the end the following:
``(2) to transport a rooster.''.
SEC. 3. ANIMAL FIGHTING VENTURE SIMULCASTING PROHIBITED.
Section 26(a) of the Animal Welfare Act (7 U.S.C. 2156(a)) is
amended--
(1) in the subsection heading by striking ``Sponsoring or
Exhibiting an Animal in, Attending, or Causing an Individual
Who Has Not Attained the Age of 16 To Attend, an Animal
Fighting Venture'' and inserting the following: ``Sponsoring or
Exhibiting an Animal in, Attending, Causing a Minor To Attend,
or Simulcasting an Animal Fighting Venture''; and
(2) by adding at the end the following:
``(3) Animal venture simulcasting.--No person shall
transmit or receive international, interstate or intrastate
simulcasting of an animal fighting venture in the United States
or any territory of the United States.''.
SEC. 4. CIVIL CITIZEN SUITS; SEIZURE.
Section 26(e) of the Animal Welfare Act (7 U.S.C. 2156(e)) is
amended--
(1) by striking ``Investigation of Violations by
Secretary;'' and all that follows through ``The Secretary or
any other person authorized by him'' and inserting the
following:
``(e) Investigations; Civil Citizen Suits.--
``(1) Investigation of violations by secretary; assistance
by other federal agencies; issuance of search warrant;
forfeiture; costs recoverable in forfeiture or civil action.--
The Secretary, or any other person authorized by the
Secretary,''; and
(2) by adding at the end the following:
``(2) Civil citizen suits.--
``(A) In general.--Any person may commence a civil
suit in Federal district court on their own behalf to
enjoin any person who is alleged to be in violation of
any provision of this section.
``(B) Amount of fine.--For any person found to have
violated a provision of this section in any suit
brought pursuant to subparagraph (A), the court may
issue a fine in an amount not greater than $5,000 for
each violation.
``(C) Limitation.--No action may be commenced under
subparagraph (A)--
``(i) prior to 60 days after written notice
of the violation has been given to the
Secretary, and to any alleged violator of any
such provision;
``(ii) if the Secretary has commenced an
action to impose a penalty pursuant to
paragraph (1); or
``(iii) if the United States has commenced,
and is diligently prosecuting, a criminal
action in a court of the United States or a
State to redress a violation of any provision
of this section.
``(D) Jurisdiction.--Any suit under this paragraph
may be brought in the judicial district in which the
violation occurs. In any such suit under this
paragraph, the Attorney General, at the request of the
Secretary, may intervene on behalf of the United States
as a matter of right.
``(E) Attorney's fees.--The court, in issuing any
final order in any suit brought pursuant to
subparagraph (A), may award costs of litigation
(including reasonable attorney and expert witness fees)
to any party, whenever the court determines such award
is appropriate.
``(3) Seizure.--Whoever is found, pursuant to an
investigation under paragraph (1) of this subsection, to have
violated subsection (a)(1) shall, in addition to such penalties
applicable under paragraph (1) of this subsection, be subject
to seizure of all real property, including any right, title,
and interest (including any leasehold interest) in the whole of
any lot or tract of land and any appurtenances or improvements,
which is used, or intended to be used, in any manner or part,
to commit, or to facilitate the commission of, a violation of
subsection (a)(1).''.
SEC. 5. TECHNICAL CORRECTIONS.
(a) Agricultural Act of 2014.--Effective as if included in the
enactment of the Agricultural Act of 2014 (Public Law 113-79), section
12308(b)(1) of such Act is amended--
(1) in subparagraph (A), by striking ``and'' at the end;
and
(2) by striking subparagraph (B) and inserting the
following:
``(B) in paragraph (1)--
``(i) in the heading, by striking `In
General' and inserting `Sponsoring or
Exhibiting'; and
``(ii) by striking `paragraph (2)' and
inserting `paragraph (3)';
``(C) by redesignating paragraph (2) as paragraph
(3); and
``(D) by inserting after paragraph (1) the
following:
```(2) Attending or causing an individual who has not
attained the age of 16 to attend.--It shall be unlawful for any
person to--
```(A) knowingly attend an animal fighting venture;
or
```(B) knowingly cause an individual who has not
attained the age of 16 to attend an animal fighting
venture.'.''.
(b) Animal Welfare Act.--Section 26(h) of the Animal Welfare Act (7
U.S.C. 2156(h)) is amended to read as follows:
``(h) Conflict With State Law.--The provisions of this Act shall
not supersede or otherwise invalidate any such State, local, or
municipal legislation or ordinance relating to animal fighting ventures
except in case of a direct and irreconcilable conflict between any
requirements thereunder and this Act or any rule, regulation, or
standard hereunder.''.
(c) Nonmailable Matter.--Section 3001(a) of title 39, United States
Code, is amended by striking ``title 18,'' and all that follows through
the period at the end and inserting the following: ``title 18, or
section 26 of the Animal Welfare Act, is nonmailable.''.
<all>