108th CONGRESS
1st Session
S. 736
To amend the Animal Welfare Act to strengthen enforcement of provisions
relating to animal fighting, and for other purposes.
IN THE SENATE OF THE UNITED STATES
March 27, 2003
Mr. ENSIGN (for himself, Mr. ALLARD, Ms. CANTWELL, Mr. DORGAN, Mr. HARKIN,
Mr. LEVIN, Mr. LUGAR, Mr. HAGEL, Mr. LIEBERMAN, Mr. WYDEN, Mr. REID, and Mr.
LEAHY) introduced the following bill; which was read twice and referred to
the Committee on Agriculture, Nutrition, and Forestry
A BILL
To amend the Animal Welfare Act to strengthen enforcement of provisions
relating to animal fighting, 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 `Animal Fighting Prohibition Enforcement Act'.
SEC. 2. ENFORCEMENT OF ANIMAL FIGHTING PROHIBITIONS UNDER THE ANIMAL WELFARE
ACT.
(a) IN GENERAL- Section 26 of the Animal Welfare Act (7 U.S.C. 2156) is amended--
(1) by redesignating subsections (c) through (h) as subsections (d) through
(i), respectively;
(2) by inserting after subsection (b) the following:
`(c) SHARP INSTRUMENTS- It shall be unlawful for any person to knowingly sell,
buy, transport, or deliver in interstate or foreign commerce a knife, a gaff,
or any other sharp instrument attached, or designed or intended to be attached,
to the leg of a bird for use in an animal fighting venture.';
(3) in subsection (e) (as redesignated by paragraph (1)), by striking `(c)'
and inserting `(d)';
(4) in subsection (f) (as redesignated by paragraph (1))--
(A) by striking `(a), (b), or (c)' and inserting `(a), (b), (c), or (d)';
and
(B) by striking `1 year' and inserting `2 years';
(5) by striking subsection (g) (as redesignated by paragraph (1)) and inserting
the following:
`(1) IN GENERAL- The Secretary or any person authorized by the Secretary
shall make such investigations as the Secretary considers necessary to determine
whether any person has violated or is violating any provision of this section.
`(2) ASSISTANCE- Through cooperative agreements, the Secretary may obtain
the assistance of the Federal Bureau of Investigation, the Department of
the Treasury, and other law enforcement agencies of the United States and
of State, tribal, and local governmental agencies in the conduct of an investigation
under paragraph (1).
`(A) ISSUANCE- A judge of the United States, United States magistrate
judge, or judge of a State or tribal court of competent jurisdiction in
the district in which is located an animal, paraphernalia, instrument,
or other property or thing that there is probable cause to believe was
involved, is about to be involved, or is intended to be involved in a
violation of this section shall issue a warrant to search for and seize
the animal or other property or thing.
`(B) APPLICATION; EXECUTION- A United States marshal or any person authorized
under this section to conduct an investigation may apply for and execute
a warrant issued under subparagraph (A), and any animal, paraphernalia,
instrument, or other property or thing seized under such a warrant shall
be held by the authorized person pending disposition of the animal, paraphernalia,
instrument, or other property or thing by a court in accordance with this
subsection.
`(A) IN GENERAL- An animal seized by a United States marshal or other
authorized person under paragraph (3) shall be taken promptly to an animal
housing facility in which the animal shall be stored humanely.
`(B) NO FACILITY AVAILABLE- If there is not available a suitable animal
storage facility sufficient in size to hold all of the animals involved
in a violation, a United States marshal or other authorized person shall--
`(i) seize a representative sample of the animals for evidentiary purposes
to be transported to an animal storage facility in which the animals
shall be stored humanely; and
`(ii)(I) keep the remaining animals at the location where the animals
were seized;
`(II) provide for the humane care of the animals; and
`(III) cause the animals to be banded, tagged, or marked by microchip
and photographed or videotaped for evidentiary purposes.
`(5) CARE- While a seized animal is held in custody, a United States marshal
or other authorized person shall ensure that the animal is provided necessary
care (including housing, feeding, and veterinary treatment).
`(A) IN GENERAL- Any animal, paraphernalia, instrument, vehicle, money,
or other property or thing involved in a violation of this section shall
be liable to be proceeded against and forfeited to the United States at
any time on complaint filed in any United States district court or other
court of the United States for any jurisdiction in which the animal, paraphernalia,
instrument, vehicle, money, or other property or thing is found.
`(B) DISPOSITION- On entry of a judgment of forfeiture, a forfeited animal
shall be disposed of by humane means, as the court may direct.
`(C) COSTS- Costs incurred by the United States for care of an animal
seized and forfeited under this section shall be recoverable from the
owner of the animal--
`(i) in the forfeiture proceeding, if the owner appears in the forfeiture
proceeding; or
`(ii) in a separate civil action brought in the jurisdiction in which
the owner is found, resides, or transacts business.
`(i) IN GENERAL- The owner, custodian, or other person claiming an interest
in a seized animal may prevent disposition of the animal by posting,
or may be ordered by any United States district court or other court
of the United States, or by any tribal court, for any jurisdiction in
which the animal is found to post, not later than 10 days after the
animal is seized, a bond with the court in an amount sufficient to provide
for the care of the animal (including housing, feeding, and veterinary
treatment) for not less than 30 days.
`(ii) RENEWAL- The owner, custodian, or other person claiming an interest
in a seized animal may renew a bond, or be ordered to renew a bond,
by posting a new bond, in an amount sufficient to provide for the care
of the animal for at least an additional 30 days, not later than 10
days after the expiration of the period for which a previous bond was
posted.
`(iii) DISPOSITION- If a bond expires and is not renewed, the animal
may be disposed of as provided in subparagraph (A).
`(7) EUTHANIZATION- Notwithstanding paragraphs (1) through (6), an animal
may be humanely euthanized if a veterinarian determines that the animal
is suffering extreme pain.'; and
(6) in subsection (h) (as redesignated by paragraph (1))--
(A) in subparagraphs (A) and (B) of paragraph (2), by inserting before
the semicolon the following: `(including a movement to, from, or within
land under the jurisdiction of an Indian tribe)'; and
(B) in paragraph (3), by striking `telephone, radio, or television' and
inserting `telephone, the Internet, radio, television, or any technology'.
(b) AUTHORIZATION OF APPROPRIATIONS- Section 23 of the Animal Welfare Act
(7 U.S.C. 2153) is amended--
(1) by striking `SEC. 23. The Secretary' and inserting the following:
`SEC. 23. FEES; AUTHORIZATION OF APPROPRIATIONS.
`(a) FEES- The Secretary'; and
(2) by striking the third sentence and inserting the following:
`(b) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated
such sums as are necessary to carry out this Act.'.
(c) EFFECTIVE DATE- The amendments made by this section take effect on the
later of--
(1) the date of enactment of this Act; or
END
