HR3946-119

2. Animal fighting Section 2 of the Animal Welfare Act (7 U.S.C. 2132) is amended by adding at the end the following: The term rooster means any male member of Gallus Domesticus species that is older than 6 months. Section 26 of the Animal Welfare Act (7 U.S.C. 2156) is amended— by striking the section designation and header and all that follows through It shall be unlawful in subsection (a)(2) and inserting the following: It shall be unlawful for any person to knowingly sponsor or exhibit an animal in an animal fighting venture. It shall be unlawful in subsection (a), by adding at the end the following: It shall be unlawful for any person to gamble on an animal fighting venture, including an in-person or broadcast event. Section 26(c) of the Animal Welfare Act (7 U.S.C. 2156(c)) is amended— in the subsection heading, by inserting or to transport roosters after venture; by striking speech for purposes of advertising and inserting the following: speech— for purposes of advertising in paragraph (1) (as so designated), by striking the period at the end and inserting ; or; and by adding at the end the following: to transport a rooster. Section 26(e) of the Animal Welfare Act (7 U.S.C. 2156(e)) is amended— by striking the subsection designation and heading and all that follows through The Secretary or any other person authorized by him in the first sentence and inserting the following: The Secretary, or any other person authorized by the Secretary, by adding at the end the following: Any person may commence a civil suit in a district court of the United States on their own behalf to enjoin any person who is alleged to be in violation of any provision of this section. For any person found to have violated a provision of this section in any suit brought under subparagraph (A), the district court may issue a fine in an amount not greater than $5,000 for each violation. A person seeking to commence a civil suit under subparagraph (A) shall, at least 60 days before commencing the suit, submit to the Secretary and local law enforcement notice of the alleged violation of a provision of this section. No action may be commenced under subparagraph (A)— if the Secretary has commenced an action against the same person to impose a penalty pursuant to paragraph (1) for the same alleged violation; or if the United States has commenced, and is diligently prosecuting, a criminal action against the same person in a State or Federal court to redress the same alleged violation. A suit under this paragraph may be brought in the judicial district in which the alleged violation occurred. The Attorney General, at the request of the Secretary, may intervene on behalf of the United States as a matter of right in any civil suit brought under subparagraph (A). The court, in issuing any final order in any suit brought under subparagraph (A), may award costs of litigation (including reasonable attorney and expert witness fees) to any party, whenever the court determines such an award is appropriate. Whoever is found, pursuant to an investigation under paragraph (1), to have violated subsection (a)(1) shall, in addition to the penalties applicable under paragraph (1), 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, that 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). Section 26(h) of the Animal Welfare Act (7 U.S.C. 2156(h)) is amended to read as follows: 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. Section 3001(a) of title 39, United States Code, is amended by inserting (7 U.S.C. 2156), before is nonmailable. (p)The term rooster means any male member of Gallus Domesticus species that is older than 6 months. . 26.Sponsoring or exhibiting an animal in, attending, causing an individual who has not attained the age of 16 to attend, or gambling on, an animal fighting venture(a)Sponsoring or exhibiting(1)In generalIt shall be unlawful for any person to knowingly sponsor or exhibit an animal in an animal fighting venture.(2)Attending or causing an individual who has not attained the age of 16 to attendIt shall be unlawful; and (3)Animal venture gamblingIt shall be unlawful for any person to gamble on an animal fighting venture, including an in-person or broadcast event.. speech—(1)for purposes of advertising; (2)to transport a rooster.. (e)Investigations; civil citizen suits(1)Investigation of violations by Secretary; assistance by other federal agencies; issuance of search warrant; forfeiture; cost recoverable in forfeiture or civil actionThe Secretary, or any other person authorized by the Secretary,; and (2)Civil citizen suits(A)In generalAny person may commence a civil suit in a district court of the United States on their own behalf to enjoin any person who is alleged to be in violation of any provision of this section. (B)Amount of fineFor any person found to have violated a provision of this section in any suit brought under subparagraph (A), the district court may issue a fine in an amount not greater than $5,000 for each violation. (C)RequirementA person seeking to commence a civil suit under subparagraph (A) shall, at least 60 days before commencing the suit, submit to the Secretary and local law enforcement notice of the alleged violation of a provision of this section.(D)LimitationNo action may be commenced under subparagraph (A)—(i)if the Secretary has commenced an action against the same person to impose a penalty pursuant to paragraph (1) for the same alleged violation; or(ii)if the United States has commenced, and is diligently prosecuting, a criminal action against the same person in a State or Federal court to redress the same alleged violation.(E)JurisdictionA suit under this paragraph may be brought in the judicial district in which the alleged violation occurred. (F)InterventionThe Attorney General, at the request of the Secretary, may intervene on behalf of the United States as a matter of right in any civil suit brought under subparagraph (A).(G)Attorney’s feesThe court, in issuing any final order in any suit brought under subparagraph (A), may award costs of litigation (including reasonable attorney and expert witness fees) to any party, whenever the court determines such an award is appropriate.(3)SeizureWhoever is found, pursuant to an investigation under paragraph (1), to have violated subsection (a)(1) shall, in addition to the penalties applicable under paragraph (1), 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, that 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). . (h)Conflict with State lawThe 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..