I
107TH CONGRESS
2D SESSION
H. R. 5268
To strengthen enforcement of provisions of the Animal Welfare Act relating
to animal fighting, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JULY 26, 2002
Mr. ANDREWS (for himself, Mr. GILMAN, Mr. BLUMENAUER, Mr. BARTLETT
of Maryland, Mr. SMITH of New Jersey, and Mr. TANCREDO) introduced
the following bill; which was referred to the Committee on Agriculture
A BILL
To strengthen enforcement of provisions of the Animal Wel-
fare Act relating to animal fighting, and for other pur-
poses.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Animal Fighting En-
forcement Act’’.
SEC. 2. ENFORCEMENT OF ANIMAL FIGHTING PROHIBI-
TIONS UNDER ANIMAL WELFARE ACT.
Section 26 of the Animal Welfare Act (7 U.S.C.
2156) is amended—
(1) in subsection (e), by striking ‘‘1 year’’ and
inserting ‘‘2 years’’;
(2) by redesignating subsections (c) through (h)
as subsections (d) through (i), respectively;
(3) by inserting after subsection (b) the fol-
lowing new subsection:
‘‘(c) It shall be unlawful for any person to knowingly
sell, buy, transport, or deliver in interstate or foreign com-
merce a knife or gaff or any other sharp instrument at-
tached or designed or intended to be attached to a bird’s
leg for use in an animal fighting venture.’’; and
(4) by striking subsection (g) (as so redesig-
nated) and inserting the following new subsection:
‘‘(g)(1) The Secretary or any other person authorized
by him shall make such investigations as the Secretary
deems necessary to determine whether any person has vio-
lated or is violating any provision of this section, and the
Secretary may obtain the assistance of the Federal Bureau
of Investigation, the Department of the Treasury, or other
law enforcement agencies of the United States, and State
and local governmental agencies, in the conduct of such
investigations, under cooperative agreements with such
agencies.
‘‘(2) A warrant to search for and seize any animal,
paraphernalia, instruments, or other property or things
which there is probable cause to believe were involved,
about to be involved, or intended to be involved in any
violation of this section shall be issued by any judge of
the United States or State court of record or by a United
States magistrate judge within the district where the ani-
mal sought is located. Any United States marshal or any
person authorized under this section to conduct investiga-
tions may apply for and execute any such warrant, and
any animal, paraphernalia, instruments, or other property
or things seized under such a warrant shall be held by
the United States marshal or other authorized person
pending disposition thereof by a court in accordance with
this subsection.
‘‘(3) All animals seized shall, at the discretion of the
United States marshal or other authorized person, be
taken promptly to an animal housing facility in which the
animals may be stored humanely. If such an animal stor-
age facility is not available, the United States marshal or
other authorized person may cause the animals involved,
about to be involved, or intended to be involved in any
violation of this section to remain at the location at which
they were found, in which case the United States marshal
or other authorized person shall—
‘‘(A) seize a representative sample of animals
for evidentiary purposes to be transported to an ani-
mal storage facility in which the animals may be
stored humanely; and
‘‘(B) cause all animals used in committing the
alleged offenses to be banded, tagged, or marked by
microchip, and photographed or videotaped for evi-
dentiary purposes.
‘‘(4) Necessary care, including but not limited to
housing, feeding, and veterinary treatment, shall be pro-
vided while the animals are so held in custody. Any ani-
mal, paraphernalia, instruments, or other property or
things involved in any violation of this section shall be lia-
ble 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, instru-
ments, or other property or things are found and upon
a judgment of forfeiture shall be disposed of by humane
means, as the court may direct. Costs incurred by the
United States for care of animals seized and forfeited
under this section shall be recoverable from the owner of
the animals if he or she appears in such forfeiture pro-
ceeding or in a separate civil action brought in the juris-
diction in which the owner is found, resides, or transacts
business.
‘‘(5) The owner, custodian, or other person claiming
an interest in an animal seized 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
for any jurisdiction in which the animal is found to post,
not later than 10 days after the animal has been seized,
a bond with the court in an amount sufficient to provide
for the animal’s care (including but not limited to housing,
feeding, and veterinary treatment) for not less than 30
days, beginning from the date the animal was seized. The
owner may renew a bond, or be ordered to renew a bond,
by posting a new bond, in an amount sufficient to provide
for the animal’s care and keeping 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. If a bond
expires and is not renewed, the animal may be disposed
of as provided in paragraph (4).
‘‘(6) Notwithstanding paragraphs (1) through (5),
the animal may be humanely euthanized if a veterinarian
determines that the animal is suffering extreme pain.’’.
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