Amendment Text: S.Amdt.5115 — 109th Congress (2005-2006)

Shown Here:
Amendment as Proposed (09/30/2006)

This Amendment appears on page S10794 in the following article from the Congressional Record.


[Pages S10793-S10795]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                    ANIMAL ENTERPRISE TERRORISM ACT

  Mr. FRIST. I ask unanimous consent the Committee on the Judiciary be 
discharged from further consideration of S. 3880, 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. 3880) to provide the Department of Justice the 
     necessary authority to apprehend, prosecute, and convict 
     individuals committing animal enterprise terror.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. LEAHY. Mr. President, I thank the senior Senator from California 
for addressing concerns I had with an earlier version of this bill. I 
was particularly concerned about the apparent disconnect between the 
substantive offense created by the bill and the misdemeanor penalty for 
its violation. The offense requires proof that a defendant, for the 
purpose of damaging or interfering with the operations of an animal 
enterprise, ``intentionally damages, or causes the loss of any property 
(including animals or records)'' used by an animal enterprise. By 
contrast, the misdemeanor penalty provision applied to offenses 
involving ``exclusively non-violent physical obstruction'' of an animal 
enterprise facility, resulting in no bodily injury, no property damage, 
and no loss of profits.
  It is difficult to imagine how a person can intentionally damage 
property, or intentionally cause the loss of property, while at the 
same time be engaged exclusively in nonviolent physical obstruction 
that causes no real harm. The only way these provisions could be 
reconciled would be by watering down the criminal prohibition to extend 
to peaceful conduct that the bill was never intended to cover.
  The current version of the bill clears up the confusion. It strikes 
the misdemeanor provision in its entirety and clarifies that the 
substantive offense created by the bill requires proof of intentional 
damage to real or personal property, not simply a loss of profits. 
These changes will ensure that legitimate, peaceful conduct is not 
chilled by the threat of Federal prosecution, and that prosecution is 
reserved for the worst offenders.
  Mr. FRIST. I ask unanimous consent the amendment at the desk be 
agreed to, the bill as amended be read a third time and passed, the 
motion to reconsider be laid upon the table, and any statements be 
printed in the Record.

[[Page S10794]]

  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 5115), was agreed to, as follows:


                           amendment no. 5115

              (Purpose: To provide a complete substitute)

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Animal Enterprise Terrorism 
     Act''.

     SEC. 2. INCLUSION OF ECONOMIC DAMAGE TO ANIMAL ENTERPRISES 
                   AND THREATS OF DEATH AND SERIOUS BODILY INJURY 
                   TO ASSOCIATED PERSONS.

       (a) In General.--Section 43 of title 18, United States 
     Code, is amended to read as follows:

     ``Sec. 43. Force, violence, and threats involving animal 
       enterprises

       ``(a) Offense.--Whoever travels in interstate or foreign 
     commerce, or uses or causes to be used the mail or any 
     facility of interstate or foreign commerce--
       ``(1) for the purpose of damaging or interfering with the 
     operations of an animal enterprise; and
       ``(2) in connection with such purpose--
       ``(A) intentionally damages or causes the loss of any real 
     or personal property (including animals or records) used by 
     an animal enterprise, or any real or personal property of a 
     person or entity having a connection to, relationship with, 
     or transactions with an animal enterprise;
       ``(B) intentionally places a person in reasonable fear of 
     the death of, or serious bodily injury to that person, a 
     member of the immediate family (as defined in section 115) of 
     that person, or a spouse or intimate partner of that person 
     by a course of conduct involving threats, acts of vandalism, 
     property damage, criminal trespass, harassment, or 
     intimidation; or
       ``(C) conspires or attempts to do so; shall be punished as 
     provided for in subsection (b).
       ``(b) Penalties.--The punishment for a violation of section 
     (a) or an attempt or conspiracy to violate subsection (a) 
     shall be--
       ``(1) a fine under this title or imprisonment not more than 
     1 year, or both, if the offense does not instill in another 
     the reasonable fear of serious bodily injury or death and--
       ``(A) the offense results in no economic damage or bodily 
     injury; or
       ``(B) the offense results in economic damage that does not 
     exceed $10,000;
       ``(2) a fine under this title or imprisonment for not more 
     than 5 years, or both, if no bodily injury occurs and--
       ``(A) the offense results in economic damage exceeding 
     $10,000 but not exceeding $100,000; or
       ``(B) the offense instills in another the reasonable fear 
     of serious bodily injury or death;
       ``(3) a fine under this title or imprisonment for not more 
     than 10 years, or both, if--
       ``(A) the offense results in economic damage exceeding 
     $100,000; or
       ``(B) the offense results in substantial bodily injury to 
     another individual;
       ``(4) a fine under this title or imprisonment for not more 
     than 20 years, or both, if--
       ``(A) the offense results in serious bodily injury to 
     another individual; or
       ``(B) the offense results in economic damage exceeding 
     $1,000,000; and
       ``(5) imprisonment for life or for any terms of years, a 
     fine under this title, or both, if the offense results in 
     death of another individual.
       ``(c) Restitution.--An order of restitution under section 
     3663 or 3663A 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;
       ``(2) for the loss of food production or farm income 
     reasonably attributable to the offense; and
       ``(3) for any other economic damage, including any losses 
     or costs caused by economic disruption, resulting from the 
     offense.
       ``(d) Definitions.--As used in this section--
       ``(1) the term `animal enterprise' means--
       ``(A) a commercial or academic enterprise that uses or 
     sells animals or animal products for profit, food or fiber 
     production, agriculture, education, research, or testing;
       ``(B) a zoo, aquarium, animal shelter, pet store, breeder, 
     furrier, circus, or rodeo, or other lawful competitive animal 
     event; or
       ``(C) any fair or similar event intended to advance 
     agricultural arts and sciences;
       ``(2) the term `course of conduct' means a pattern of 
     conduct composed of 2 or more acts, evidencing a continuity 
     of purpose;
       ``(3) the term `economic damage'--
       ``(A) means the replacement costs of lost or damaged 
     property or records, the costs of repeating an interrupted or 
     invalidated experiment, the loss of profits, or increased 
     costs, including losses and increased costs resulting from 
     threats, acts or vandalism, property damage, trespass, 
     harassment, or intimidation taken against a person or entity 
     on account of that person's or entity's connection to, 
     relationship with, or transactions with the animal 
     enterprise; but
       ``(B) does not include any lawful economic disruption 
     (including a lawful boycott) that results from lawful public, 
     governmental, or business reaction to the disclosure of 
     information about an animal enterprise;
       ``(4) the term `serious bodily injury' means--
       ``(A) injury posing a substantial risk of death;
       ``(B) extreme physical pain;
       ``(C) protracted and obvious disfigurement; or
       ``(D) protracted loss or impairment of the function of a 
     bodily member, organ, or mental faculty; and
       ``(5) the term `substantial bodily injury' means--
       ``(A) deep cuts and serious burns or abrasion;
       ``(B) short-term or nonobvious disfigurement;
       ``(C) fractured or dislocated bones, or torn members of the 
     body;
       ``(D) significant physical pain;
       ``(E) illness;
       ``(F) short-term loss or impairment of the function of a 
     bodily member, organ, or mental faculty; or
       ``(G) any other significant injury to the body.
       ``(e) Rules of Construction.--Nothing in this section shall 
     be construed--
       ``(1) to prohibit any expressive conduct (including 
     peaceful picketing or other peaceful demonstration) protected 
     from legal prohibition by the First Amendment to the 
     Constitution;
       ``(2) to create new remedies for interference with 
     activities protected by the free speech or free exercise 
     clauses of the First Amendment to the Constitution, 
     regardless of the point of view expressed, or to limit any 
     existing legal remedies for such interference; or
       ``(3) to provide exclusive criminal penalties or civil 
     remedies with respect to the conduct prohibited by this 
     action, or to preempt State or local laws that may provide 
     such penalties or remedies.''.
       (b) Clerical Amendment.--The item relating to section 43 in 
     the table of sections at the beginning of chapter 3 of title 
     18, United States Code, is amended to read as follows:
``43. Force, violence, and threats involving animal enterprises.''.

  The bill (S. 3880), as amended, was ordered to be engrossed for a 
third reading, was read the third time and passed, as follows:

                                S. 3880

       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 Terrorism 
     Act''.

     SEC. 2. INCLUSION OF ECONOMIC DAMAGE TO ANIMAL ENTERPRISES 
                   AND THREATS OF DEATH AND SERIOUS BODILY INJURY 
                   TO ASSOCIATED PERSONS.

       (a) In General.--Section 43 of title 18, United States 
     Code, is amended to read as follows:

     ``Sec. 43. Force, violence, and threats involving animal 
       enterprises

       ``(a) Offense.--Whoever travels in interstate or foreign 
     commerce, or uses or causes to be used the mail or any 
     facility of interstate or foreign commerce--
       ``(1) for the purpose of damaging or interfering with the 
     operations of an animal enterprise; and
       ``(2) in connection with such purpose--
       ``(A) intentionally damages or causes the loss of any real 
     or personal property (including animals or records) used by 
     an animal enterprise, or any real or personal property of a 
     person or entity having a connection to, relationship with, 
     or transactions with an animal enterprise;
       ``(B) intentionally places a person in reasonable fear of 
     the death of, or serious bodily injury to that person, a 
     member of the immediate family (as defined in section 115) of 
     that person, or a spouse or intimate partner of that person 
     by a course of conduct involving threats, acts of vandalism, 
     property damage, criminal trespass, harassment, or 
     intimidation; or
       ``(C) conspires or attempts to do so;
     shall be punished as provided for in subsection (b).
       ``(b) Penalties.--The punishment for a violation of section 
     (a) or an attempt or conspiracy to violate subsection (a) 
     shall be--
       ``(1) a fine under this title or imprisonment not more than 
     1 year, or both, if the offense does not instill in another 
     the reasonable fear of serious bodily injury or death and--
       ``(A) the offense results in no economic damage or bodily 
     injury; or
       ``(B) the offense results in economic damage that does not 
     exceed $10,000;
       ``(2) a fine under this title or imprisonment for not more 
     than 5 years, or both, if no bodily injury occurs and--
       ``(A) the offense results in economic damage exceeding 
     $10,000 but not exceeding $100,000; or
       ``(B) the offense instills in another the reasonable fear 
     of serious bodily injury or death;
       ``(3) a fine under this title or imprisonment for not more 
     than 10 years, or both, if--
       ``(A) the offense results in economic damage exceeding 
     $100,000; or
       ``(B) the offense results in substantial bodily injury to 
     another individual;
       ``(4) a fine under this title or imprisonment for not more 
     than 20 years, or both, if--
       ``(A) the offense results in serious bodily injury to 
     another individual; or
       ``(B) the offense results in economic damage exceeding 
     $1,000,000; and
       ``(5) imprisonment for life or for any terms of years, a 
     fine under this title, or both, if the offense results in 
     death of another individual.

[[Page S10795]]

       ``(c) Restitution.--An order of restitution under section 
     3663 or 3663A 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;
       ``(2) for the loss of food production or farm income 
     reasonably attributable to the offense; and
       ``(3) for any other economic damage, including any losses 
     or costs caused by economic disruption, resulting from the 
     offense.
       ``(d) Definitions.--As used in this section--
       ``(1) the term `animal enterprise' means--
       ``(A) a commercial or academic enterprise that uses or 
     sells animals or animal products for profit, food or fiber 
     production, agriculture, education, research, or testing;
       ``(B) a zoo, aquarium, animal shelter, pet store, breeder, 
     furrier, circus, or rodeo, or other lawful competitive animal 
     event; or
       ``(C) any fair or similar event intended to advance 
     agricultural arts and sciences;
       ``(2) the term `course of conduct' means a pattern of 
     conduct composed of 2 or more acts, evidencing a continuity 
     of purpose;
       ``(3) the term `economic damage'--
       ``(A) means the replacement costs of lost or damaged 
     property or records, the costs of repeating an interrupted or 
     invalidated experiment, the loss of profits, or increased 
     costs, including losses and increased costs resulting from 
     threats, acts or vandalism, property damage, trespass, 
     harassment, or intimidation taken against a person or entity 
     on account of that person's or entity's connection to, 
     relationship with, or transactions with the animal 
     enterprise; but
       ``(B) does not include any lawful economic disruption 
     (including a lawful boycott) that results from lawful public, 
     governmental, or business reaction to the disclosure of 
     information about an animal enterprise;
       ``(4) the term `serious bodily injury' means--
       ``(A) injury posing a substantial risk of death;
       ``(B) extreme physical pain;
       ``(C) protracted and obvious disfigurement; or
       ``(D) protracted loss or impairment of the function of a 
     bodily member, organ, or mental faculty; and
       ``(5) the term `substantial bodily injury' means--
       ``(A) deep cuts and serious burns or abrasions;
       ``(B) short-term or nonobvious disfigurement;
       ``(C) fractured or dislocated bones, or torn members of the 
     body;
       ``(D) significant physical pain;
       ``(E) illness;
       ``(F) short-term loss or impairment of the function of a 
     bodily member, organ, or mental faculty; or
       ``(G) any other significant injury to the body.
       ``(e) Rules of Construction.--Nothing in this section shall 
     be construed--
       ``(1) to prohibit any expressive conduct (including 
     peaceful picketing or other peaceful demonstration) protected 
     from legal prohibition by the First Amendment to the 
     Constitution;
       ``(2) to create new remedies for interference with 
     activities protected by the free speech or free exercise 
     clauses of the First Amendment to the Constitution, 
     regardless of the point of view expressed, or to limit any 
     existing legal remedies for such interference; or
       ``(3) to provide exclusive criminal penalties or civil 
     remedies with respect to the conduct prohibited by this 
     action, or to preempt State or local laws that may provide 
     such penalties or remedies.''.
       (b) Clerical Amendment.--The item relating to section 43 in 
     the table of sections at the beginning of chapter 3 of title 
     18, United States Code, is amended to read as follows:

``43. Force, violence, and threats involving animal enterprises.''.

                          ____________________