HEART Act of 2021
Bill: H.R.2085 | Sponsor: Rep. Chu, Judy (D-CA)
Policy area: Crime and Law Enforcement

Summary:
Help Extract Animals from Red Tape Act of 2021 or the HEART Act of 2021
This bill modifies notice requirements in a civil forfeiture proceeding that involves the seizure of an animal involved in animal fighting.
Specifically, the government must notify interested parties of an animal's seizure within 30 days (currently, 60 days). The notice period may be extended only if a delay is warranted after considering certain factors, including the cost to the government of providing shelter for the animal, the health of the animal and the effect of a delay on its rehabilitation, any increased risk that a delay could necessitate the euthanasia of the animal, and any psychological harm incurred by the animal's owner due to the delay in disposition.
Additionally, the bill authorizes amounts in the Department of Justice Assets Forfeiture Fund to be used to pay for costs associated with a seized animal, including transportation, shelter, care, veterinary services, and humane euthanasia.

To amend title 18, United States Code, with respect to civil 
            forfeitures relating to certain seized animals.

    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 ``Help Extract Animals from Red Tape 
Act of 2021'' or the ``HEART Act of 2021''.

SEC. 2. FINDINGS.

     Congress finds the following:
            (1) Animal fighting is one of the most heinous forms of 
        animal cruelty.
            (2) Federal law prohibits sponsoring, exhibiting, or 
        attending an animal fight, causing an individual under the age 
        of 16 to attend an animal fight, using the postal service for 
        promoting an animal fighting venture, as well as the interstate 
        commerce in animal fighting paraphilia and animals for the 
        participation in animal fights.
            (3) Animal fighting is often associated with other forms of 
        criminal activity including illegal gambling, drug trafficking, 
        and domestic violence.
            (4) In order to rescue animals from further cruelty, 
        provide needed veterinary care, and protect communities, 
        Federal agencies often seize animals suspected of being used in 
        animal fighting ventures.
            (5) Federal agencies tasked with enforcing the Federal 
        animal fighting statutes often lack the infrastructure and 
        expertise to hold animals after seizure and instead partner 
        with animal welfare organizations and local animal shelters to 
        hold animals until the final judgement of the seizure cases.
            (6) The significant length of time animals are held before 
        courts determine their disposition can result in serious 
        physical and behavioral deterioration due to chronic stress, 
        even when shelters provide high quality care.
            (7) Federal animal fighting cases often involve dozens, if 
        not hundreds of seized animals.
            (8) Between 2016 and 2019, the United States Department of 
        Justice seized over 1,000 dogs in animal fighting cases.
            (9) Holding times for animals seized in Federal animal 
        fighting cases can stretch on for over a year. After 64 dogs 
        were seized from twelve locations in a Federal animal fighting 
        case in 2016, some animals were held for up to 436 days.
            (10) Seizing 367 dogs in a Federal animal fighting case in 
        2013 required sheltering dogs for up to 390 days. Fifty-three 
        percent of the dogs in that case declined behaviorally, with 30 
        percent of them deteriorating to such a degree that they had to 
        be humanely euthanized.
            (11) Reducing the time that seized animals must be held 
        before courts determine their legal disposition is the best way 
        to minimize the trauma animals have experienced at the hands of 
        their abusers.
            (12) The unique nature of animals compared to other seized 
        assets requires higher costs to the government and to 
        partnering animal welfare organizations.
            (13) Animal welfare organizations have sheltered animals 
        for several Federal investigations at costs ranging from 
        $900,000 to more than $3 million.
            (14) Uncertainty regarding who is ultimately responsible 
        for the cost of care for the seized animals discourages future 
        animal fighting investigations, which means fewer animals 
        saved.
            (15) Expediting the disposition process for animals seized 
        in Federal animal fighting cases will provide better outcomes 
        for animals, reduce financial burdens on animal welfare 
        organizations partnering with Federal agencies, and will 
        provide more space in shelters for other animals in need.

SEC. 3. REDUCED NOTICE PERIOD.

    (a) Notice Timing for Cases of Animal Seizure.--Section 
983(a)(1)(A) of title 18, United States Code, is amended by adding at 
the end the following new clause:
                            ``(vi) With respect to an animal seized 
                        under section 26 of the Animal Welfare Act or 
                        under section 1955 of this title, clauses (i), 
                        (ii), (iii), and (v), shall be applied by 
                        substituting `30-days' for `60-days'.''.
    (b) Notice Procedures for Cases of Animal Seizure.--Section 
983(a)(1) of title 18, United States Code, as amended by this Act, is 
amended--
            (1) in subparagraph (B) by inserting ``and with respect to 
        an animal seized under section 26 of the Animal Welfare Act or 
        section 1955 of this title, that the delay is warranted in 
        light of the criteria in subparagraph (G)'' after ``if the 
        official determines that the conditions in subparagraph (D) are 
        present,'';
            (2) in subparagraph (C) by inserting ``and with respect to 
        an animal seized under section 26 of the Animal Welfare Act or 
        section 1955 of this title, that the delay is warranted in 
        light of the criteria in subparagraph (G)'' after ``that the 
        conditions in subparagraph (D) are present,''; and
            (3) by adding after subparagraph (F), the following:
                    ``(G) With respect to an animal seized under 
                section 26 of the Animal Welfare Act or section 1955 of 
                this title, the period for sending notice under this 
                paragraph may be extended only after consideration of 
                the following:
                            ``(i) The cost to the government of caring 
                        and providing shelter for the animal.
                            ``(ii) The psychological and physical 
                        health of the animal and the effect the delay 
                        will have on its rehabilitation.
                            ``(iii) Any increased risk that the delay 
                        could necessitate the euthanasia of the animal.
                            ``(iv) Any psychological harm incurred by 
                        the animals' owner due to the delay in 
                        disposition.''.

SEC. 4. SEIZURES OF ANIMALS.

    (a) Payment for Certain Costs.--Section 524(c)(1) of title 28, 
United States Code, is amended by adding after subparagraph (I), the 
following:
                    ``(J) payment for the transportation, shelter, 
                care, veterinary services, and where appropriate, 
                humane euthanasia of an animal seized under section 26 
                of the Animal Welfare Act or under section 1955 of 
                title 18.''.
    (b) Reimbursement and Proportionality.--Section 983(h) of title 18, 
United States Code, is amended by adding at the end, the following:
            ``(4) In any civil forfeiture proceeding in which the 
        Government prevails, the court shall require the claimant, to 
        reimburse the United States for any actual and reasonable costs 
        to the government for the transportation, shelter, care, 
        veterinary services, or where appropriate, humane euthanasia of 
        an animal that was the subject of the proceeding. The 
        reimbursement shall be credited to the agency or fund that was 
        used to pay the costs being reimbursed.
            ``(5) In any civil forfeiture proceeding in which an animal 
        is subject of the proceeding, the court may reduce the size of 
        a reimbursement based on any of the following factors:
                    ``(A) The seriousness of the offense.
                    ``(B) The culpability of the claimant.
                    ``(C) The claimant's prior record.
                    ``(D) The claimant's financial condition and need 
                to support a family.
                    ``(E) The purpose of the forfeiture statute in 
                question.
            ``(6) Nothing in this section should be interpreted to 
        reimburse the United States for any costs other than for costs 
        related to animals seized under section 26 of the Animal 
        Welfare Act or under section 1955 of title 18.''.
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