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ANIMAL ENTERPRISE PROTECTION ACT (Senate - August 07, 1992)
[Page: S11930]
    

Mr. FORD. Mr. President, I ask that the Chair lay before the Senate a message from the House of Representatives on S. 544.

The PRESIDING OFFICER laid before the Senate the following message from the House of Representatives:

Resolved, That the bill from the Senate (S. 544) entitled `An Act to amend the Food, Agriculture, Conservation and Trade Act of 1990 to provide protection to animal research facilities from illegal Acts, and for other purposes', do pass with the following amendments:

Strike out all after the enacting clause and insert:

SECTION 1. SHORT TITLE.

This Act may be cited as the `Animal Enterprise Protection Act of 1992'.

SEC. 2. ANIMAL ENTERPRISE TERRORISM.

(a) In General: Title 18, United States Code, is amended by inserting after section 42 the following:

`43. Animal enterprise terrorism

`(a) Offense: Whoever--

`(1) travels in interstate or foreign commerce, or uses or causes to be used the mail or any facility in interstate or foreign commerce, for the purpose of causing physical disruption to the functioning of an animal enterprises; and

`(2) intentionally causes physical disruption to the functioning of an animal enterprise by intentionally stealing damaging, or causing the loss of, any property (including animals or records) used by the animal enterprise, and thereby causes economic damage exceeding $10,000 to that enterprise, or conspires to do so;
shall be fined under this title or imprisoned not more than one year, or both.

`(b) Aggravated Offense:

`(1) Serious bodily injury: Whoever in the course of a violation of subsection (a) causes serious bodily injury to another individual shall be fined under this title or imprisoned not more than 10 years, or both.

`(2) Death: Whoever in the course of a violation of subsection (a) causes the death of an individual shall be fined under this title and imprisoned for life or for any term of years.

`(c) Restituion: An order of restitution under section 3663 of this title with respect to a violation of this section may also include restitution--

`(1) for the reasonable cost of repeating any experimentation that was interrupted or invalidated as a result of the offense; and

`(2) the loss of food production or farm income reasonably attributable to the offense.

`(d) Definitions: As used in this section--

`(1) the term `animal enterprise' means--

`(A) a commercial or academic enterprise that uses animals for food or fiber production, agriculture, research, or testing;

`(B) a zoo, aquarium, circus, rodeo, or lawful competitive animal event; or

`(C) any fair or similar event intended to advance agricultural arts and sciences;

`(2) the term `physical disruption' does not include any lawful disruption that results from lawful public, governmental, or animal enterprise employee reaction to the disclosure of information about an animal enterprise;

`(3) the term `economic damage' means the replacement costs of lost or damaged property or records, the costs of repeating an interrupted or invalidated experiment, or the loss of profits; and

`(4) the term `serious bodily injury' has the meaning given that term in section 1365 of this title.

`(e) Non-Preemption: Nothing in this section pre-empts any State law.'.

`(b) Clerical Amendment: The item relating to section 43 in table of sections at the beginning of chapter 3 of title 18, United States Code, is amended to read as follows:

`43. Animal enterprise terrorism.'.

SEC. 3. STUDY OF EFFECT OF TERRORISM ON CERTAIN ANIMAL ENTERPRISES.

`(a) Study: The Attorney General and the Secretary of Agriculture shall jointly conduct a study on the extent and effects of domestic and international terrorism on enterprises using animals for food or fiber production, agriculture, research, or testing.

`(b) Submission of Study: Not later than 1 year after the date of enactment of this Act, the Attorney General and the Secretary of Agriculture shall submit a report that describes the results of the study conducted under subsection (a) together with any appropriate recommendations and legislation to the Congress.

Mr. FORD. I move that the Senate concur in the House amendments.

The PRESIDING OFFICER. The question is on agreeing to the motion.

The motion was agreed to.

Mr. FORD. Mr. President, I move to reconsider the vote.

Mr. SIMPSON. I move to lay that motion on the table.

The motion to lay on the table was agreed to.

TITLE AMENDMENT TO H.R. 4111

Mr. FORD. Mr. President, I ask unanimous consent that in the engrossment of the Senate amendment to H.R. 4111, an act to amend the Small Business Act, the title be amended with the language I now send to the desk.

The PRESIDING OFFICER. Without objection, it is so ordered.

The title was amended so as to read:

`An Act to amend the Small Business Act and related Acts to provide loan assistance to small business concerns, to extend certain demonstration programs relating to small business participation in Federal procurement, to modify certain Small Business Administration programs, to assist small firms to adjust to reductions in Defense-related business, to improve the management of certain program activities of the Small Business Administration, to provide for the undertaking of certain studies, and for other purposes.'.

[Page: S11931]
    

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