[Congressional Record Volume 151, Number 54 (Thursday, April 28, 2005)]
[Senate]
[Pages S4605-S4606]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          ANIMAL FIGHTING PROHIBITION ENFORCEMENT ACT OF 2005

  Mr. FRIST. I ask unanimous consent that the Judiciary Committee be 
discharged from further consideration of S. 382 and the Senate proceed 
to its immediate consideration.
  The PRESIDING OFFICER. Without objection, it is so ordered. The clerk 
will report the bill by title.
  The legislative clerk read as follows:

       A bill (S. 382) to amend title 18, United States Code, to 
     strengthen prohibitions against animal fighting, and for 
     other purposes.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. FRIST. I ask unanimous consent that the bill be read a third time 
and passed, the motion to reconsider be laid upon the table and any 
statements relating to the bill be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill (S. 382) was read the third time and passed, as follows:

                                 S. 382

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Animal Fighting Prohibition 
     Enforcement Act of 2005''.

     SEC. 2. ENFORCEMENT OF ANIMAL FIGHTING PROHIBITIONS.

       (a) In General.--Chapter 3 of title 18, United States Code, 
     is amended by adding at the end the following:

     ``Sec. 49. Animal fighting prohibition

       ``(a) Sponsoring or Exhibiting an Animal in an Animal 
     Fighting Venture.--
       ``(1) In general.--Except as provided in paragraph (2), it 
     shall be unlawful for any person to knowingly sponsor or 
     exhibit an animal in an animal fighting venture, if any 
     animal in the venture was moved in interstate or foreign 
     commerce.
       ``(2) Special rule for certain states.--With respect to 
     fighting ventures involving live birds in a State where it 
     would not be in violation of the law, it shall be unlawful 
     under this subsection for a person to sponsor or exhibit a 
     bird in the fighting venture only if the person knew that any 
     bird in the fighting venture was knowingly bought, sold, 
     delivered, transported, or received in interstate or foreign 
     commerce for the purpose of participation in the fighting 
     venture.
       ``(b) Buying, Selling, Delivering, or Transporting Animals 
     for Participation in Animal Fighting Venture.--It shall be 
     unlawful for any person to knowingly sell, buy, transport, or 
     deliver, or receive for purposes of transportation, in 
     interstate or foreign commerce, any dog or other animal for 
     purposes of having the dog or other animal participate in an 
     animal fighting venture.
       ``(c) Use of Postal Service or Other Interstate 
     Instrumentality for Promoting Animal Fighting Venture.--It 
     shall be unlawful for any person to knowingly use the mail 
     service of the United States Postal Service or any 
     instrumentality of interstate commerce for commercial speech 
     promoting an animal fighting venture except as performed 
     outside the limits of the States of the United States.
       ``(d) Violation of State Law.--Notwithstanding subsection 
     (c), the activities prohibited by such subsection shall be 
     unlawful with respect to fighting ventures involving

[[Page S4606]]

     live birds only if the fight is to take place in a State 
     where it would be in violation of the laws thereof.
       ``(e) Sharp Instruments.--It shall be unlawful for any 
     person to knowingly sell, buy, transport, or deliver in 
     interstate or foreign commerce a knife, a gaff, or any other 
     sharp instrument attached, or designed or intended to be 
     attached, to the leg of a bird for use in an animal fighting 
     venture.
       ``(f) Penalties.--Any person who violates subsection (a), 
     (b), (c), or (e) shall be fined under this title or 
     imprisoned for not more than 2 years, or both, for each such 
     violation.
       ``(g) Definitions.--For purposes of this section--
       ``(1) the term `animal fighting venture' means any event 
     which involves a fight between at least two animals and is 
     conducted for purposes of sport, wagering, or entertainment 
     except that the term `animal fighting venture' shall not be 
     deemed to include any 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;
       ``(2) the term `instrumentality of interstate commerce' 
     means any written, wire, radio, television or other form of 
     communication in, or using a facility of, interstate 
     commerce;
       ``(3) the term `State' means any State of the United 
     States, the District of Columbia, the Commonwealth of Puerto 
     Rico, and any territory or possession of the United States; 
     and
       ``(4) the term `animal' means any live bird, or any live 
     dog or other mammal, except man.
       ``(h) Conflict With State Law.--The provisions of this 
     section do not supersede or otherwise invalidate any such 
     State, local, or municipal legislation or ordinance relating 
     to animal fighting ventures except in case of a direct and 
     irreconcilable conflict between any requirements thereunder 
     and this section or any rule, regulation, or standard 
     hereunder.''.
       (b) Clerical Amendment.--The table of contents for chapter 
     3 of title 18, is amended by inserting after the item 
     relating to section 48 the following:

``49. Animal fighting prohibition''.

       (c) Repeal of Criminal Penalty in the Animal Welfare Act.--
     Section 26 of the Animal Welfare Act (7 U.S.C. 2156) is 
     amended by striking subsection (e).

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