[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2742 Introduced in House (IH)]

<DOC>






118th CONGRESS
  1st Session
                                H. R. 2742

 To amend the Animal Welfare Act to provide for greater protection of 
                   roosters, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 20, 2023

Mr. Bacon (for himself, Ms. Salinas, Mr. Fitzpatrick, Ms. Barragan, Mr. 
  Mike Garcia of California, Ms. Crockett, Ms. Mace, Mr. Doggett, Mr. 
Buchanan, Mr. Amodei, Mr. McGovern, Mr. Carey, Mr. Gooden of Texas, Mr. 
 Carter of Louisiana, Mr. Kean of New Jersey, Mr. Neguse, Ms. Sanchez, 
Ms. Titus, Mr. Quigley, and Mr. Davis of North Carolina) introduced the 
following bill; which was referred to the Committee on Agriculture, and 
  in addition to the Committee on Oversight and Accountability, 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. SHORT TITLE.

    This Act may be cited as the ``Fighting Inhumane Gambling and High-
Risk Trafficking Act'' or the ``FIGHT Act''.

SEC. 2. 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. 3. 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. 4. 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. 5. 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. 6. 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>