[Congressional Record Volume 148, Number 105 (Monday, July 29, 2002)]
[Extensions of Remarks]
[Pages E1427-E1428]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                    ANIMAL FIGHTING ENFORCEMENT ACT

                                 ______
                                 

                         HON. ROBERT E. ANDREWS

                             of new jersey

                    in the house of representatives

                         Friday, July 26, 2002

  Mr. ANDREWS. Mr. Speaker, today I am pleased to introduce the Animal 
Fighting Enforcement Act. This legislation targets the reprehensible 
and surprisingly widespread activities of dogfighting and cockfighting, 
in which animals are bred and trained to fight, often drugged to 
heighten their aggression, and placed in a pit to fight to the death--
all for their amusement and illegal wagering of the animals' handlers 
and the spectators.
  These are indefensible activities, and our state laws reflect public 
disdain for these forms of animal cruelty. Dogfighting is banned in all 
50 states, and it is a felony in 46 states. Cockfighting is banned in 
47 states, and it is a felony in 26 states.
  Even though there is a something verging on a national consensus that 
dogfighting and cockfighting should be treated as criminal conduct, the 
industries continue to thrive. According to The Humane Society of the 
United States, there are 11 underground dogfighting publications. There 
are numerous above-ground cockfighting magazines, including The 
Gamecock, The Feathered Warrior, and Grit & Steel that promote 
cockfights, rally cockfighters to defend the practice, and advertise 
and sell fighting birds and the accoutrements of animal fighting.
  Earlier this year, the House and Senate passed legislation to close 
loopholes in Section 26 of the Animal Welfare Act and bar any 
interstate shipment or exports of dogs or birds for fighting. That was 
a much-needed and long-overdue action by the House, and I commend the 
leadership provided on that legislation by Representatives Earl 
Blumenauer, Tom Tancredo, and Collin Peterson. Senators Wayne Allard 
and Tom Harkin led the parallel effort in the other chamber. The 
legislation was designed to help the states enforce their laws and 
provide a strong federal statement and statute against dogfighting, and 
cockfighting. In states where cockfighting is illegal, cockfighters had 
been using the loophole in federal law as a smokescreen to conceal 
their animal fighting activities; they

[[Page E1428]]

claimed that they were merely raising and possessing birds to sell to 
legal cockfighting states and countries, when in reality they were 
often engaging in illegal fights in their own states. It makes 
enforcement of state laws against cockfighting very difficult.
  During consideration earlier in this Congress of the Farm bills, the 
House and Senate passed identical versions of legislation to close the 
loopholes in the law. Unfortunately, the conferees removed a provision, 
identical in both bills, to increase jail time for individuals who 
violate any provision of Section 26 of the Animal Welfare Act. The 
House and Senate increased the maximum jail time from one year to two 
years, seeking to make this illegal animal fighting a federal felony.
  U.S. Attorneys have told humane organizations and others that they 
are reluctant to pursue animal fighting cases with such a modest 
penalty. They will be far more likely to pursue cases if it is a felony 
offense.
  My legislation today seeks to restore what the House and Senate 
originally passed in terms of penalties. The adoption of this provision 
will bring federal law in better alignment with state laws. As I 
mentioned previously, 46 states have either dogfighting or cockfighting 
felony provisions. It is fitting and appropriate that the federal 
government treat dogfighting and cockfighting as felony offenses. It is 
well known that these forms of animal cruelty are often associated with 
drug traffic, illegal firearms possession, violence to people, and 
illegal gambling. In short, other criminal conduct goes hand in hand 
with animal fighting.
  My legislation also bans the interstate shipment of deadly knives and 
gaffs, which are the implements attached to the birds' legs to heighten 
the bloodletting and expedite the conclusion of fights. These knives 
and gaffs are sold through cockfighting magazines and through the 
Internet, and it is time that this traffic in these deadly implements 
is halted. A number of states have prohibitions on the sale of these 
implements, but it is time to adopt a national standard.
  Finally, this legislation improves and updates other enforcement 
language in the Animal Welfare Act, provisions that were adopted more 
than a quarter century ago, on forfeiture and disposition of animals 
seized by law enforcement once they make arrests of individuals 
participating in illegal animal fights.
  I thank several colleagues for adding their names as original 
cosponsors, and hope that the committees of jurisdiction give this 
legislation proper and prompt attention and action. I hope it can be 
passed before the 107th Congress completes its work.

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