FIGHT Act

I 118TH CONGRESS 1ST SESSION H. R. 2742 To amend the Animal Welfare Act to provide for greater protection of roosters, and for other purposes. IN THE HOUSE OF REPRESENTATIVES APRIL 20, 2023 Mr. BACON (for himself, Ms. SALINAS, Mr. FITZPATRICK, Ms. BARRAGA´N, Mr. MIKE GARCIA of California, Ms. CROCKETT, Ms. MACE, Mr. DOGGETT, Mr. BUCHANAN, Mr. AMODEI, Mr. MCGOVERN, Mr. CAREY, Mr. GOODEN of Texas, Mr. CARTER of Louisiana, Mr. KEAN of New Jersey, Mr. NEGUSE, Ms. SA´NCHEZ, Ms. TITUS, Mr. QUIGLEY, and Mr. DAVIS of North Carolina) introduced the following bill; which was referred to the Committee on Agriculture, and in addition to the Committee on Oversight and Accountability, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Animal Welfare Act to provide for greater protection of roosters, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Fighting Inhumane 4 Gambling and High-Risk Trafficking Act’’ or the 5 ‘‘FIGHT Act’’. 6 VerDate Sep 11 2014 22:08 Apr 26, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2742.IH H2742 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 2742 IH SEC. 2. DEFINITION OF ROOSTER. 1 Section 2 of the Animal Welfare Act (7 U.S.C. 2132) 2 is amended by adding at the end the following: 3 ‘‘(p) The term ‘rooster’ means any male member of 4 Gallus Domesticus species older than 6 months.’’. 5 SEC. 3. USE OF POSTAL SERVICE OR OTHER INTERSTATE 6 INSTRUMENTALITY TO TRANSPORT ROOST- 7 ERS. 8 Section 26(c) of the Animal Welfare Act (7 U.S.C. 9 2156(c)) is amended— 10 (1) in the subsection heading, by inserting ‘‘OR 11 TO TRANSPORT ROOSTERS’’ after ‘‘INSTRUMEN- 12 TALITY’’; 13 (2) by striking ‘‘for purposes of advertising’’ 14 and inserting the following: 15 ‘‘(1) for purposes of advertising’’; 16 (3) by striking ‘‘United States.’’ and inserting 17 ‘‘United States; or’’; and 18 (4) by adding at the end the following: 19 ‘‘(2) to transport a rooster.’’. 20 SEC. 4. ANIMAL FIGHTING VENTURE SIMULCASTING PRO- 21 HIBITED. 22 Section 26(a) of the Animal Welfare Act (7 U.S.C. 23 2156(a)) is amended— 24 (1) in the subsection heading by striking 25 ‘‘SPONSORING OR EXHIBITING AN ANIMAL IN, AT- 26 VerDate Sep 11 2014 22:08 Apr 26, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2742.IH H2742 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 2742 IH TENDING, OR CAUSING AN INDIVIDUAL WHO HAS 1 NOT ATTAINED THE AGE OF 16 TO ATTEND, AN 2 ANIMAL FIGHTING VENTURE’’ and inserting the fol- 3 lowing: ‘‘SPONSORING OR EXHIBITING AN ANIMAL 4 IN, ATTENDING, CAUSING A MINOR TO ATTEND, OR 5 SIMULCASTING AN ANIMAL FIGHTING VENTURE’’; 6 and 7 (2) by adding at the end the following: 8 ‘‘(3) ANIMAL VENTURE SIMULCASTING.—No 9 person shall transmit or receive international, inter- 10 state or intrastate simulcasting of an animal fight- 11 ing venture in the United States or any territory of 12 the United States.’’. 13 SEC. 5. CIVIL CITIZEN SUITS; SEIZURE. 14 Section 26(e) of the Animal Welfare Act (7 U.S.C. 15 2156(e)) is amended— 16 (1) by striking ‘‘INVESTIGATION OF VIOLA- 17 TIONS BY SECRETARY;’’ and all that follows through 18 ‘‘The Secretary or any other person authorized by 19 him’’ and inserting the following: 20 ‘‘(e) INVESTIGATIONS; CIVIL CITIZEN SUITS.— 21 ‘‘(1) INVESTIGATION OF VIOLATIONS BY SEC- 22 RETARY; ASSISTANCE BY OTHER FEDERAL AGEN- 23 CIES; ISSUANCE OF SEARCH WARRANT; FORFEITURE; 24 COSTS RECOVERABLE IN FORFEITURE OR CIVIL AC- 25 VerDate Sep 11 2014 22:08 Apr 26, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2742.IH H2742 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 2742 IH TION.—The Secretary, or any other person author- 1 ized by the Secretary,’’; and 2 (2) by adding at the end the following: 3 ‘‘(2) CIVIL CITIZEN SUITS.— 4 ‘‘(A) IN GENERAL.—Any person may com- 5 mence a civil suit in Federal district court on 6 their own behalf to enjoin any person who is al- 7 leged to be in violation of any provision of this 8 section. 9 ‘‘(B) AMOUNT OF FINE.—For any person 10 found to have violated a provision of this sec- 11 tion in any suit brought pursuant to subpara- 12 graph (A), the court may issue a fine in an 13 amount not greater than $5,000 for each viola- 14 tion. 15 ‘‘(C) LIMITATION.—No action may be 16 commenced under subparagraph (A)— 17 ‘‘(i) prior to 60 days after written no- 18 tice of the violation has been given to the 19 Secretary, and to any alleged violator of 20 any such provision; 21 ‘‘(ii) if the Secretary has commenced 22 an action to impose a penalty pursuant to 23 paragraph (1); or 24 VerDate Sep 11 2014 22:08 Apr 26, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2742.IH H2742 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 2742 IH ‘‘(iii) if the United States has com- 1 menced, and is diligently prosecuting, a 2 criminal action in a court of the United 3 States or a State to redress a violation of 4 any provision of this section. 5 ‘‘(D) JURISDICTION.—Any suit under this 6 paragraph may be brought in the judicial dis- 7 trict in which the violation occurs. In any such 8 suit under this paragraph, the Attorney Gen- 9 eral, at the request of the Secretary, may inter- 10 vene on behalf of the United States as a matter 11 of right. 12 ‘‘(E) ATTORNEY’S FEES.—The court, in 13 issuing any final order in any suit brought pur- 14 suant to subparagraph (A), may award costs of 15 litigation (including reasonable attorney and ex- 16 pert witness fees) to any party, whenever the 17 court determines such award is appropriate. 18 ‘‘(3) SEIZURE.—Whoever is found, pursuant to 19 an investigation under paragraph (1) of this sub- 20 section, to have violated subsection (a)(1) shall, in 21 addition to such penalties applicable under para- 22 graph (1) of this subsection, be subject to seizure of 23 all real property, including any right, title, and in- 24 terest (including any leasehold interest) in the whole 25 VerDate Sep 11 2014 22:08 Apr 26, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2742.IH H2742 kjohnson on DSK79L0C42PROD with BILLS 6 •HR 2742 IH of any lot or tract of land and any appurtenances 1 or improvements, which is used, or intended to be 2 used, in any manner or part, to commit, or to facili- 3 tate the commission of, a violation of subsection 4 (a)(1).’’. 5 SEC. 6. TECHNICAL CORRECTIONS. 6 (a) AGRICULTURAL ACT OF 2014.—Effective as if in- 7 cluded in the enactment of the Agricultural Act of 2014 8 (Public Law 113–79), section 12308(b)(1) of such Act is 9 amended— 10 (1) in subparagraph (A), by striking ‘‘and’’ at 11 the end; and 12 (2) by striking subparagraph (B) and inserting 13 the following: 14 ‘‘(B) in paragraph (1)— 15 ‘‘(i) in the heading, by striking ‘In 16 General’ and inserting ‘Sponsoring or Ex- 17 hibiting’; and 18 ‘‘(ii) by striking ‘paragraph (2)’ and 19 inserting ‘paragraph (3)’; 20 ‘‘(C) by redesignating paragraph (2) as 21 paragraph (3); and 22 ‘‘(D) by inserting after paragraph (1) the 23 following: 24 VerDate Sep 11 2014 22:08 Apr 26, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H2742.IH H2742 kjohnson on DSK79L0C42PROD with BILLS 7 •HR 2742 IH ‘‘ ‘(2) ATTENDING OR CAUSING AN INDIVIDUAL 1 WHO HAS NOT ATTAINED THE AGE OF 16 TO AT- 2 TEND.—It shall be unlawful for any person to— 3 ‘‘ ‘(A) knowingly attend an animal fighting 4 venture; or 5 ‘‘ ‘(B) knowingly cause an individual who 6 has not attained the age of 16 to attend an ani- 7 mal fighting venture.’.’’. 8 (b) ANIMAL WELFARE ACT.—Section 26(h) of the 9 Animal Welfare Act (7 U.S.C. 2156(h)) is amended to 10 read as follows: 11 ‘‘(h) CONFLICT WITH STATE LAW.—The provisions 12 of this Act shall not supersede or otherwise invalidate any 13 such State, local, or municipal legislation or ordinance re- 14 lating to animal fighting ventures except in case of a direct 15 and irreconcilable conflict between any requirements 16 thereunder and this Act or any rule, regulation, or stand- 17 ard hereunder.’’. 18 (c) NONMAILABLE MATTER.—Section 3001(a) of 19 title 39, United States Code, is amended by striking ‘‘title 20 18,’’ and all that follows through the period at the end 21 and inserting the following: ‘‘title 18, or section 26 of the 22 Animal Welfare Act, is nonmailable.’’. 23 Æ VerDate Sep 11 2014 22:08 Apr 26, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6301 E:\BILLS\H2742.IH H2742 kjohnson on DSK79L0C42PROD with BILLS