[Congressional Record Volume 148, Number 136 (Wednesday, October 16, 2002)]
[Senate]
[Page S10575]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. ENSIGN (for himself, Mr. Allard, and Ms. Cantwell):
  S. 3118. A bill to strengthen enforcement of provisions of the Animal 
Welfare Act relating to animal fighting, and for other purposes; to the 
Committee on Agriculture, Nutrition, and Forestry.
  Mr. ENSIGN. Mr. President, I am pleased to be joined by Senators 
Allard and Cantwell to introduce the Animal Fighting Enforcement Act. I 
would like to thank my colleagues for their support in this endeavor to 
protect the welfare of animals. This legislation targets the troubling, 
widespread and sometimes underground activities of dogfighting and 
cockfighting where dogs and birds are bred and trained to fight to the 
death. This is done for the sheer enjoyment and illegal wagering of the 
animals' handlers and spectators.
  These activities are reprehensible and despicable. Our States' laws 
reflect this sentiment. All 50 States have prohibited dogfighting. It 
is considered a felony in 46 States. Cockfighting is illegal in 47 
States, and it is a felony in 26 States. In my home State of Nevada, 
both dogfighting and cockfighting are considered felonies. In fact, it 
is a felony to even attend a dogfighting or cockfighting match.
  Unfortunately, in spite of public opposition to extreme animal 
suffering, these animal fighting industries thrive. There are 11 
underground dogfighting publications, and several above-ground 
cockfighting magazines. These magazines advertise and sell animals and 
the materials associated with animal fighting. They also seek to 
legitimize this shocking practice.
  During the consideration of the Farm Bill, a provision was included 
that closed loopholes in Section 26 of the Animal Welfare Act. Both the 
House and the Senate increased the maximum jail time for individuals 
who violate any provision of Section 26 of the Animal Welfare Act from 
one year to two years, making any violation a Federal felony. However, 
during the conference, the jail time increase was removed.
  The legislation that I am introducing today seeks to do three things. 
First, it restores the jail time increase to treat the violations as a 
felony. I am informed by U.S. Attorneys that they are hesitant to 
pursue animal fighting cases with merely a misdemeanor penalty. To 
illustrate this, it is important to note that only three cases since 
1976 have advanced, even though the USDA has received innumerable tips 
from informants and requests to assist with state and local 
prosecutions. Increased penalties will provide a greater incentive for 
federal authorities to pursue animal fighting cases.
  Second, the bill prohibits the interstate shipment of cockfighting 
implements, such as razor-sharp knives and gaffs. The specific knives 
are commonly known as ``slashers.'' The slashers and ice-pick-like 
gaffs are attached to the legs of birds to make the cockfights more 
violent and to induce bleeding of the animals. These weapons are used 
only in cockfights. Since Congress has restricted shipment of birds for 
fighting, it should also restrict implements designed specifically for 
fights.
  Finally, the bill updates language regarding the procedures that 
enforcement agents follow when they seize the animals. This regards the 
proper care and transportation of the animals that are seized. It also 
states that the court may order the convicted person to pay for the 
costs incurred in the housing, care, feeding, and treatment of the 
animals.
  I appreciate the support of both Senators Allard and Cantwell in this 
effort, and look forward to the overwhelming support of my other 
colleagues in the Senate. I also wish to recognize Representative 
Robert Andrews for his leadership on the House version of this bill. 
Surely, this is an issue that must be addressed as soon as possible. We 
cannot allow this barbaric practice to continue in our civilized 
society.
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