FIGHT Act

To amend the Animal Welfare Act to provide for greater protection of roosters, and for other purposes. 1. Short title This Act may be cited as the Fighting Inhumane Gambling and High-Risk Trafficking Act FIGHT Act 2. Definition of rooster Section 2 of the Animal Welfare Act ( 7 U.S.C. 2132 (p) The term rooster Gallus Domesticus . 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) (1) in the subsection heading, by inserting or to transport roosters instrumentality (2) by striking for purposes of advertising (1) for purposes of advertising ; (3) by striking United States. United States; or (4) by adding at the end the following: (2) to transport a rooster. . 4. Animal fighting venture simulcasting prohibited Section 26(a) of the Animal Welfare Act ( 7 U.S.C. 2156(a) (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 Sponsoring or Exhibiting an Animal in, Attending, Causing a Minor To Attend, or Simulcasting an Animal Fighting Venture (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. . 5. Civil citizen suits; seizure Section 26(e) of the Animal Welfare Act ( 7 U.S.C. 2156(e) (1) by striking Investigation of Violations by Secretary; The Secretary or any other person authorized by him (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). . 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 (1) in subparagraph (A), by striking and (2) by striking subparagraph (B) and inserting the following: (B) in paragraph (1)— (i) in the heading, by striking In General Sponsoring or Exhibiting (ii) by striking paragraph (2) 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) (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, title 18, or section 26 of the Animal Welfare Act, is nonmailable.

Summary: Fighting Inhumane Gambling and High-Risk Trafficking Act or the FIGHT Act This bill expands protections of animals provided under the Animal Welfare Act, including by prohibiting any (1) broadcasts from international, interstate, or intrastate sources of animal fighting ventures in the United States or U.S. territories; and (2) shipments or transport of certain mature roosters.