102nd Congress
An Act To protect animal enterprises.
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 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:
"ยง 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 enterprise; 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) RESTITUTION.-- 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.
"9e) NON-PREEMPTION.--Nothing in this section preempts any State law.".
(b) CLERICAL AMENDMENT.--The item relating to section 43 in table of sections at the beginning of chapter 3 of title, 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.
Approved August 26, 1992.
LEGISLATIVE HISTORY--S. 544 (H.R. 2407):
HOUSE REPORTS: No. 102-498. Pt. 1 (Comm. on Agriculture) and Pt. 2 (Comm. on the Judiciary), both accompanying H.R. 2407. CONGRESSIONAL RECORD:
Vol. 137 (1991): Oct. 16, considered a nd passed Senate. Vol. 138 (1992): Aug. 4, H.R. 2407 considered and passed
House; S. 544, amended, passed in lieu.
Aug. 7, Senate concurred in House amendments.
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