I 

117TH CONGRESS 

1ST SESSION H. R. 2085 

To amend title 18, United States Code, with respect to civil forfeitures 

relating to certain seized animals. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 19, 2021 

Ms. CHU (for herself and Mr. KATKO) 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Help Extract Animals 

5 from Red Tape Act of 2021’’ or the ‘‘HEART Act of 

6 2021’’. 

7 SEC. 2. FINDINGS. 

8 Congress finds the following: 

9 (1) Animal fighting is one of the most heinous 

10 forms of animal cruelty. 


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1 (2) Federal law prohibits sponsoring, exhibiting, 

2 or attending an animal fight, causing an individual 

3 under the age of 16 to attend an animal fight, using 

4 the postal service for promoting an animal fighting 

5 venture, as well as the interstate commerce in ani6 mal fighting paraphilia and animals for the partici7 pation in animal fights. 

8 (3) Animal fighting is often associated with 

9 other forms of criminal activity including illegal 

10 gambling, drug trafficking, and domestic violence. 

11 (4) In order to rescue animals from further cru12 elty, provide needed veterinary care, and protect 

13 communities, Federal agencies often seize animals 

14 suspected of being used in animal fighting ventures. 

15 (5) Federal agencies tasked with enforcing the 

16 Federal animal fighting statutes often lack the infra17 structure and expertise to hold animals after seizure 

18 and instead partner with animal welfare organiza19 tions and local animal shelters to hold animals until 

20 the final judgement of the seizure cases. 

21 (6) The significant length of time animals are 

22 held before courts determine their disposition can re23 sult in serious physical and behavioral deterioration 

24 due to chronic stress, even when shelters provide 

25 high quality care. 


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1 (7) Federal animal fighting cases often involve 

2 dozens, if not hundreds of seized animals. 

3 (8) Between 2016 and 2019, the United States 

4 Department of Justice seized over 1,000 dogs in ani5 mal fighting cases. 

6 (9) Holding times for animals seized in Federal 

7 animal fighting cases can stretch on for over a year. 

8 After 64 dogs were seized from twelve locations in 

9 a Federal animal fighting case in 2016, some ani10 mals were held for up to 436 days. 

11 (10) Seizing 367 dogs in a Federal animal 

12 fighting case in 2013 required sheltering dogs for up 

13 to 390 days. Fifty-three percent of the dogs in that 

14 case declined behaviorally, with 30 percent of them 

15 deteriorating to such a degree that they had to be 

16 humanely euthanized. 

17 (11) Reducing the time that seized animals 

18 must be held before courts determine their legal dis19 position is the best way to minimize the trauma ani20 mals have experienced at the hands of their abusers. 

21 (12) The unique nature of animals compared to 

22 other seized assets requires higher costs to the gov23 ernment and to partnering animal welfare organiza24 tions. 


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1 (13) Animal welfare organizations have shel2 tered animals for several Federal investigations at 

3 costs ranging from $900,000 to more than $3 mil4 lion. 

5 (14) Uncertainty regarding who is ultimately 

6 responsible for the cost of care for the seized ani7 mals discourages future animal fighting investiga8 tions, which means fewer animals saved. 

9 (15) Expediting the disposition process for ani10 mals seized in Federal animal fighting cases will 

11 provide better outcomes for animals, reduce financial 

12 burdens on animal welfare organizations partnering 

13 with Federal agencies, and will provide more space 

14 in shelters for other animals in need. 

15 SEC. 3. REDUCED NOTICE PERIOD. 

16 (a) NOTICE TIMING FOR CASES OF ANIMAL SEI17 ZURE.—Section 983(a)(1)(A) of title 18, United States 

18 Code, is amended by adding at the end the following new 

19 clause: 

20 ‘‘(vi) With respect to an animal seized 

21 under section 26 of the Animal Welfare 

22 Act or under section 1955 of this title, 

23 clauses (i), (ii), (iii), and (v), shall be ap24 plied by substituting ‘30-days’ for ‘60- 

25 days’.’’. 


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1 (b) NOTICE PROCEDURES FOR CASES OF ANIMAL

2 SEIZURE.—Section 983(a)(1) of title 18, United States 

3 Code, as amended by this Act, is amended— 

4 (1) in subparagraph (B) by inserting ‘‘and with 

5 respect to an animal seized under section 26 of the 

6 Animal Welfare Act or section 1955 of this title, 

7 that the delay is warranted in light of the criteria 

8 in subparagraph (G)’’ after ‘‘if the official deter9 mines that the conditions in subparagraph (D) are 

10 present,’’; 

11 (2) in subparagraph (C) by inserting ‘‘and with 

12 respect to an animal seized under section 26 of the 

13 Animal Welfare Act or section 1955 of this title, 

14 that the delay is warranted in light of the criteria 

15 in subparagraph (G)’’ after ‘‘that the conditions in 

16 subparagraph (D) are present,’’; and 

17 (3) by adding after subparagraph (F), the fol18 lowing: 

19 ‘‘(G) With respect to an animal seized 

20 under section 26 of the Animal Welfare Act or 

21 section 1955 of this title, the period for sending 

22 notice under this paragraph may be extended 

23 only after consideration of the following: 


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1 ‘‘(i) The cost to the government of 

2 caring and providing shelter for the ani3 mal. 

4 ‘‘(ii) The psychological and physical 

5 health of the animal and the effect the 

6 delay will have on its rehabilitation. 

7 ‘‘(iii) Any increased risk that the 

8 delay could necessitate the euthanasia of 

9 the animal. 

10 ‘‘(iv) Any psychological harm incurred 

11 by the animals’ owner due to the delay in 

12 disposition.’’. 

13 SEC. 4. SEIZURES OF ANIMALS. 

14 (a) PAYMENT FOR CERTAIN COSTS.—Section 

15 524(c)(1) of title 28, United States Code, is amended by 

16 adding after subparagraph (I), the following: 

17 ‘‘(J) payment for the transportation, shel18 ter, care, veterinary services, and where appro19 priate, humane euthanasia of an animal seized 

20 under section 26 of the Animal Welfare Act or 

21 under section 1955 of title 18.’’. 

22 (b) REIMBURSEMENT AND PROPORTIONALITY.—Sec23 tion 983(h) of title 18, United States Code, is amended 

24 by adding at the end, the following: 


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1 ‘‘(4) In any civil forfeiture proceeding in which 

2 the Government prevails, the court shall require the 

3 claimant, to reimburse the United States for any ac4 tual and reasonable costs to the government for the 

5 transportation, shelter, care, veterinary services, or 

6 where appropriate, humane euthanasia of an animal 

7 that was the subject of the proceeding. The reim8 bursement shall be credited to the agency or fund 

9 that was used to pay the costs being reimbursed. 

10 ‘‘(5) In any civil forfeiture proceeding in which 

11 an animal is subject of the proceeding, the court 

12 may reduce the size of a reimbursement based on 

13 any of the following factors: 

14 ‘‘(A) The seriousness of the offense. 

15 ‘‘(B) The culpability of the claimant. 

16 ‘‘(C) The claimant’s prior record. 

17 ‘‘(D) The claimant’s financial condition 

18 and need to support a family. 

19 ‘‘(E) The purpose of the forfeiture statute 

20 in question. 

21 ‘‘(6) Nothing in this section should be inter22 preted to reimburse the United States for any costs 

23 other than for costs related to animals seized under 


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1 section 26 of the Animal Welfare Act or under sec2 tion 1955 of title 18.’’. 

Æ 


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