[Congressional Record Volume 150, Number 125 (Wednesday, October 6, 2004)]
[Senate]
[Pages S10582-S10583]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. SPECTER (for himself, Mrs. Feinstein, Mr. Ensign, Ms. 
        Cantwell, Mr. DeWine, and Mr. Leahy):
  S. 2908. A bill to amend title 18, United States Code, to strengthen 
prohibitions against animal fighting, and for other purposes; to the 
Committee on the Judiciary.
  Mr. SPECTER. Mr. President, I seek recognition to introduce the 
``Animal Fighting Protection Enforcement Act of 2004'' with my 
colleagues Senators Feinstein, Ensign, Cantwell, DeWine and Leahy.
  The bipartisan bill we are introducing today is very similar to S. 
736 with the same title, introduced by Senator Ensign and currently 
cosponsored by fifty-one Senators including me. This new bill is 
identical to another bill, H.R. 4264, pending in the House of 
Representatives.
  Specifically, this bill provides felony penalties by authorizing jail 
time of up to two years for violations of Federal animal fighting law, 
rather than the misdemeanor penalty (up to one year) under current law. 
Most States have felony-level penalties for animal fighting violations, 
but federal prosecutors are reluctant to pursue animal fighting

[[Page S10583]]

cases without felony-level penalties. Both the Senate and House 
included this felony provision in their farm bills in 2002, with 
identical wording, but the provision was dropped in conference. The 
Senate also passed this as an amendment to the ``Healthy Forests'' 
bill, but it was again removed in conference.
  The bill also outlaws cockfighting implements by prohibiting 
interstate and foreign commerce of the razor-sharp knives and ice pick-
like gaffs are strapped onto birds' legs during cockfighting combat. 
These devices are specially designed for cockfighting and have no other 
known purpose.
  H.R. 4264 tracks language in Section 26 of the Animal Welfare Act (7 
U.S.C. 2156) that prohibits interstate and foreign commerce of animals 
for fighting purposes. This covers dog fighting, cockfighting, and 
other fights between animals ``conducted for purposes of sport, 
wagering, or entertainment,'' with an explicit exemption for an 
activity ``the primary purpose of which involves the use of one or more 
animals in hunting another animal or animals, such as waterfowl, bird, 
raccoon, or fox hunting.''
  Under current law, it already is illegal to: 1. Sponsor or exhibit an 
animal in an animal fighting venture if the person knows that any 
animal was bought, sold, delivered, transported, or received in 
interstate or foreign commerce for participation in the fighting 
venture. 2. Knowingly sell, buy, transport, deliver, or receive an 
animal in interstate or foreign commerce for purposes of participation 
in a fighting venture, regardless of the law in the destination State, 
dog fighting is illegal in all 50 States; cockfighting is illegal in 48 
States. 3. Knowingly use the Postal Service or any interstate 
instrumentality to promote an animal fighting venture in the U.S., 
e.g., through advertisement, unless the venture involves birds and the 
fight is to take place in a State that allows cockfighting. As 
explained on USDA's website explaining the Federal animal fighting law, 
``In no event may the Postal Service or other interstate 
instrumentality be used to transport an animal for purposes of having 
the animal participate in a fighting venture, even if such fighting is 
allowed in the destination state''.
  The efforts to pass further Federal animal fighting prohibitions have 
been endorsed by more than 150 local police and sheriffs departments 
across the country, as well as The Humane Society of the United States, 
the National Chicken Council, representing 95 percent of U.S. chicken 
producers/processors, the American Veterinary Medical Association, and 
many other organizations. I urge my colleagues in the Senate to 
cosponsor this bill and support its quick passage.
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