H.R.3223 - Animal Welfare Improvements Act of 1989101st Congress (1989-1990)
|Sponsor:||Rep. Rose, Charlie [D-NC-7] (Introduced 09/06/1989)|
|Committees:||House - Agriculture|
|Latest Action:||House - 09/11/1989 Executive Comment Requested from USDA. (All Actions)|
This bill has the status Introduced
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Summary: H.R.3223 — 101st Congress (1989-1990)All Information (Except Text)
Introduced in House (09/06/1989)
Animal Welfare Improvements Act of 1989 - Amends the Animal Welfare Act to authorize: (1) citizen suits to compel enforcement of such Act; and (2) suits by animal research facilities injured by reason of violations of such Act. Precludes recovery by such facilities if such injury leads to the conviction of any person for a violation of any Federal regulation relating to the handling, care, treatment, or transportation of animals by any research facility.
Specifies courts having jurisdiction to enforce, prevent, and restrain violations of such Act.
Makes it unlawful to: (1) intentionally cause the loss of any animal from a research facility, except temporarily, for the purpose of documenting violations of Federal regulations relating to the handling, care, treatment, or transportation of animals by such facility; (2) damage or steal any equipment or property of a research facility; or (3) break and enter any research facility with intent to destroy material or equipment or to obtain unauthorized possession of records, data, materials, equipment, or animals. Provides for fines of up to $5,000 for each such violation. Specifies that, if as a result of such a violation documentation is obtained showing that a violation of any Federal regulation relating to the handling, care, treatment, or transportation of animals by a research facility has occurred, such person shall not be subject to the fine and such facility shall pay costs of the trial or proceedings.
Requires the U.S. district courts or the U.S. Magistrate, as the case may be, to determine the reasonable costs of: (1) replacing materials, data, equipment, or animals, and records that may have been damaged or cannot be returned in connection with such violation; and (2) repeating any experimentation that may have been interrupted or invalidated as a result of such violation.
Requires any person convicted of such violation to be ordered to make restitution to the facility involved unless documentation is obtained showing that a violation of any Federal regulation relating to the handling, care, treatment, or transportation of animals by such facility has occurred, in which case the facility shall pay litigation costs.
Prohibits specified acts relating to farm animals, including theft, vandalism, and trespassing on a farm animal facility if such action disrupts or damages business. Establishes criminal penalties of up to $10,000 and three years imprisonment for such acts.
Directs the Secretary of Agriculture to conduct an investigation, at the request of such a facility or on his own initiative, to determine whether a violation has occurred. Authorizes the Secretary to obtain the assistance of Federal, State, or local government agencies to conduct such investigation.
Grants specified courts jurisdiction to enforce, prevent, and restrain violations.
Authorizes parties injured in their business or property to recover damages and costs from the person who violated such Act.
Requires specified Federal officials and animal welfare organization officers to jointly study and report to the Congress on the extent and effect of the use of animals by research facilities.