[Congressional Record Volume 149, Number 50 (Thursday, March 27, 2003)]
[Senate]
[Page S4527]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. ENSIGN (for himself, Mr. Allard, Ms. Cantwell, Mr. Dorgan, 
        Mr. Harkin, Mr. Levin, Mr. Lugar, Mr. Hagel, Mr. Lieberman, Mr. 
        Wyden, Mr. Reid, and Mr. Leahy):
  S. 736. A bill to amend the Animal Welfare Act to strengthen 
enforcement of provisions relating to animal fighting, and for other 
purposes; to the Committee on Agriculture, Nutrition, and Forestry.
  Mr. ENSIGN. Mr. President, I rise to introduce the Animal Fighting 
Enforcement Prohibition 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 animals 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 last year, 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 cockfighting 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.
  This legislation is timely. Its need is emphasized with the recent 
outbreaks of Exotic Newcastle disease among poultry in my home state of 
Nevada. Exotic Newcastle disease is a deadly virus that spreads through 
migratory birds, vehicles, people's shoes, even across great distances 
through the air to attack birds of all types. It already has led to the 
destruction of about three million chickens and other birds in Nevada, 
California, and Arizona. It is widely suspected that illegal 
cockfighting contributes to the continuing spread of this disease. 
Agriculture interests in every state that houses the poultry industry 
are at risk of destruction by the possible spread of this disease. One 
of the ways to ensure greater protection against the spread of Exotic 
Newcastle Disease is to enforce the ban on interstate shipments of 
birds for the purpose of fighting. Our bill ensures that penalties are 
in place that will guarantee the enforcement of this ban.
  I appreciate the strong support of Senators Allard, Cantwell, Dorgan, 
Hagel, Harkin, Leahy, Levin, Lieberman, Lugar, Reid, and Wyden 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 a 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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