H.R. 3946

119th CONGRESS 1st Session

To amend the Animal Welfare Act to provide for greater protection of roosters, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES · June 12, 2025 · Sponsor: Mr. Bacon · Committee: Committee on Agriculture

Table of contents

• H.R. 3946
  • SEC. 1. Short title
  • SEC. 2. Animal fighting

SEC. 1. Short title

• This Act may be cited as the or the .

SEC. 2. Animal fighting

• (a) Definition of rooster
  • Section 2 of the Animal Welfare Act () is amended by adding at the end the following: 7 U.S.C. 2132
  • Definition of rooster
    • The term means any male member of Gallus Domesticus species that is older than 6 months. rooster
• (b) Gambling on animal fighting ventures prohibited
  • Section 26 of the Animal Welfare Act () is amended— 7 U.S.C. 2156
  • Gambling on animal fighting ventures prohibited
    • by striking the section designation and header and all that follows through in subsection (a)(2) and inserting the following:
      • (a) Sponsoring or exhibiting
        • 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
      • (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.
    • in subsection (a), by adding at the end the following:
• (c) Use of Postal Service or other interstate instrumentality To transport roosters
  • Section 26(c) of the Animal Welfare Act () is amended— 7 U.S.C. 2156(c)
    • in the subsection heading, by inserting after ;
    • by striking and inserting the following:
      • speech—
        • for purposes of advertising
    • in paragraph (1) (as so designated), by striking the period at the end and inserting ; and
      • to transport a rooster.
    • by adding at the end the following:
• (d) Civil citizen suits; seizure
  • Section 26(e) of the Animal Welfare Act () is amended— 7 U.S.C. 2156(e)
    • by striking the subsection designation and heading and all that follows through 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,
      • (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).
    • by adding at the end the following:
• (e) Technical corrections
  • Section 26(h) of the Animal Welfare Act () is amended to read as follows: 7 U.S.C. 2156(h)
    • (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.
  • Section 3001(a) of title 39, United States Code, is amended by inserting before .