117th CONGRESS 2d Session |
To amend the Animal Welfare Act to provide for greater protection of roosters, and for other purposes.
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
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:
“(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:
“(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.”.