[Congressional Record Volume 147, Number 133 (Friday, October 5, 2001)]
[Extensions of Remarks]
[Page E1818]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


                       FARM SECURITY ACT OF 2001

                                 ______
                                 

                               speech of

                        HON. BENJAMIN A. GILMAN

                              of new york

                    in the house of representatives

                       Thursday, October 4, 2001

       The House in Committee of the Whole House on the State of 
     the Union had under consideration the bill (H.R. 2646) to 
     provide for the continuation of agricultural programs through 
     fiscal year 2001.

  Mr. GILMAN. Mr. Chairman, I rise today to support the amendment 
offered by the gentleman from Oregon, Mr. Blumenauer, relating to 
animal fighting.
  This amendment, which is identical in content to H.R. 1155, would 
close a loophole in section 26 of the Animal Welfare Act and bar any 
interstate shipment of birds for fighting purposes.
  Mr. Speaker, in 1976, I joined my colleagues on the floor of the U.S. 
House in overwhelmingly approving an amendment to the Animal Welfare 
Act barring any interstate shipment of birds for fighting. 
Unfortunately, in the conference with the Senate on this legislation, a 
provision was inserted to allow shipment of fighting birds to States 
where cockfighting is legal [at that time, there were six States that 
allowed legal cockfighting].
  For the last quarter century, it has become apparent that this 
loophole has undermined the effectiveness of State bans against 
cockfighting. Now only three States allow cockfighting, and the 
loophole in the law allows illegal cockfighters to argue that they 
possess and train fighting birds and equipment in order to sell the 
animals and equipment to any one of the three legal cockfighting 
States. In reality, they are typically making an excuse to conceal 
their illegal cockfighting operations within their own State. For 
instance, a cockfighter in Florida or West Virginia, where cockfighting 
is illegal, can evade scrutiny, and confiscation of fighting animals, 
by claiming he is going to ship the birds to one of the three legal 
States. In short, the loophole provides a smokescreen behind which 
illegal cockfighters operate and undermine the effectiveness of state 
laws against animal fighting.
  Mr. Chairman, this amendment mirrors the provisions of H.R. 1155, a 
bill introduced by Mr. Peterson of Minnesota which has 205 bipartisan 
cosponsors. This measure has been endorsed by 98 law enforcement 
agencies.
  We should note that the legislation has been endorsed by leading 
animal welfare groups including the Humane Society of the United States 
and the American Veterinary Medical Association.
  While the Animal Welfare Act currently prohibits any interstate 
movement of dogs for fighting, the prohibition does not apply to birds 
shipped interstate to fight in the three States where cockfighting is 
still legal. This loophole should be closed.
  Accordingly, I urge a ``yes'' vote on this amendment.

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