S. 1454

119 S1454 IS: Fighting Inhumane Gambling and High-risk Trafficking Act of 2025
 U.S. Senate
 2025-04-10
 text/xml
 EN
 Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
 II  119th CONGRESS  1st Session  S. 1454  IN THE SENATE OF THE UNITED STATES   April 10, 2025   Mr. Kennedy  (for himself and  Mr. Booker ) introduced the following bill; which was read twice and referred to the  Committee on Agriculture, Nutrition, and Forestry    A BILL
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 of 2025   or the   FIGHT Act of 2025  .
2.
Animal fighting
(a)
Definition of rooster
Section 2 of the Animal Welfare Act ( 7 U.S.C. 2132 ) is amended by adding at the end the following:
(p)
The term  rooster  means any male member of Gallus Domesticus species that is older than 6 months.
 .
(b)
Gambling on animal fighting ventures prohibited
Section 26 of the Animal Welfare Act ( 7 U.S.C. 2156 ) is amended—
(1)
by striking the section designation and header and all that follows through  It shall be unlawful  in subsection (a)(2) and inserting the following:
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 general
It 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 attend
It shall be unlawful
 ; and
(2)
in subsection (a), by adding at the end the following:
(3)
Animal venture gambling
It shall be unlawful for any person to gamble on an animal fighting venture, including an in-person or broadcast event.
 .
(c)
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) ) is amended—
(1)
in the subsection heading, by inserting
or to transport roosters   after
venture  ;
(2)
by striking  speech for purposes of advertising  and inserting the following:
speech—
(1)
for purposes of advertising
 ;
(3)
in paragraph (1) (as so designated), by striking the period at the end and inserting  ; or ; and
(4)
by adding at the end the following:
(2)
to transport a rooster.
 .
(d)
Civil citizen suits; seizure
Section 26(e) of the Animal Welfare Act ( 7 U.S.C. 2156(e) ) is amended—
(1)
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:
(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 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 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 fine
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.
(C)
Requirement
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.
(D)
Limitation
No 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)
Jurisdiction
A suit under this paragraph may be brought in the judicial district in which the alleged violation occurred.
(F)
Intervention
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).
(G)
Attorney’s fees
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.
(3)
Seizure
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).
 .
(e)
Technical corrections
(1)
Section 26(h) of the Animal Welfare Act ( 7 U.S.C. 2156(h) ) is amended to read as follows:
(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.
 .
(2)
Section 3001(a) of title 39, United States Code, is amended by inserting  ( 7 U.S.C. 2156 ),  before  is nonmailable .