Text: H.R.3270 — 101st Congress (1989-1990)All Information (Except Text)

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HR 3270 IH
101st CONGRESS
1st Session
 H. R. 3270
Entitled the `Farm Animal and Research Facilities Protection Act of 1989'.
IN THE HOUSE OF REPRESENTATIVES
September 13, 1989
Mr. STENHOLM (for himself, Mr. DE LA GARZA, Mr. MADIGAN, Mr. HUCKABY,
Mr. COLEMAN of Missouri, Mr. GLICKMAN, Mr. MARLENEE, Mr. VOLKMER,
Mr. STANGELAND, Mr. HATCHER, Mr. ROBERTS, Mr. TALLON, Mr. EMERSON,
Mr. STAGGERS, Mr. MORRISON of Washington, Mr. OLIN, Mr. GUNDERSON, Mr. PENNY,
Mr. LEWIS of Florida, Mr. STALLINGS, Mr. ROBERT F. SMITH, Mr. NAGLE,
Mr. COMBEST, Mr. JONTZ, Mr. SCHUETTE, Mr. JOHNSON of South Dakota, Mr. GRANDY,
Mr. HARRIS, Mr. HERGER, Mr. CAMPBELL of Colorado, Mr. HOLLOWAY, Mr. ESPY,
Mr. WALSH, Mr. SARPALIUS, Mr. GRANT, Ms. LONG, Mr. DYSON, Mr. LANCASTER,
Mr. WATKINS, Mr. KOLBE, Mr. WEBER, Mr. STUMP, Mr. THOMAS of Georgia,
Mr. RICHARDSON, Mrs. SMITH of Nebraska, and Mr. HAMMERSCHMIDT) introduced
the following bill; which was referred to the Committee on Agriculture
A BILL
Entitled the `Farm Animal and Research Facilities Protection Act of 1989'.
  Be it enacted by the Senate and House of Representatives of the United
  States of America in Congress assembled,
SECTION 1. AMENDMENTS TO THE FOOD SECURITY ACT OF 1985.
  Title XIV of the Food Security Act of 1985 (Public Law 99-198) is amended
  by adding the following new subtitle:
`Subtitle D--Protection of Farm Animal and Research Facilities
`SHORT TITLE
  `SECTION 1481. This substitute may be cited as the `Farm Animal and Research
  Facilities Protection Act of 1989'.
`FINDINGS
  `SEC. 1482. Congress finds that--
  `(1) the caring, rearing, feeding, breeding, and sale of animals and
  animal products, and the use of animals in research and education,
  represents vital segments of the economy of the nation and is important
  to the Nation's well-being;
  `(2) producers and others involved in the production and sale of animals
  and animal products and the use of animals in research and education have
  a vested interest in protecting the health and welfare of animals;
  `(3) there has been an increasing number of illegal acts committed against
  farm animal and research facilities;
  `(4) these illegal acts threaten the production of agricultural products
  and substantially damage research and education;
  `(5) these illegal acts interfere with the property rights of the owner
  of the facility and threaten the continued availability of the nation's
  food supply;
  `(6) these illegal acts can also damage the public interest by jeopardizing
  crucial research;
  `(7) these illegal acts damage federally funded research; and
  `(8) Federal protection of the farm animal and research facilities is
  necessary to prevent and eliminate burdens on commerce.
`DEFINITIONS
  `SEC. 1483. As used in this subtitle--
  `(1) The term `animal' means any warm or coldblooded animal used in food
  or fiber production, agriculture, research, testing, or education including
  poultry, fish, and insects.
  `(2) The term `animal facility' includes any vehicle, building, structure,
  or premises, where an animal is kept, handled, housed, exhibited, bred,
  or offered for sale.
  `(3) The term `consent' means assent in fact, whether express or apparent.
  `(4) The term `deprive' means--
  `(A) to withhold an animal or other property from the owner permanently
  or for so extended a period of time that a major portion of the value or
  enjoyment of the animal or property is lost to the owner;
  `(B) to restore the animal or other property only upon payment of reward
  or other compensation; or
  `(C) to dispose of an animal or other property in a manner that makes
  recovery of the animal or property by the owner unlikely.
  `(5) The term `effective consent' includes consent by a person legally
  authorized to act for the owner. Consent is not effective if--
  `(A) induced by force, threat, false pretenses, or fraud;
  `(B) given by a person the actor knows is not legally authorized to act
  for the owner;
  `(C) given by a person who by reason of youth, mental disease or defect,
  or intoxication is known by the actor to be unable to make reasonable
  decisions; or
  `(D) given solely to detect the commission of an offense.
  `(6) The term `owner' means a person who has title to the property,
  possession of the property, whether lawful or not, or a greater right to
  possession of the property than the actor.
  `(7) The term `person' means any individual, corporation, association,
  nonprofit corporation, joint stock company, firm, trust, partnership,
  two or more persons having a joint or common interest, or other legal entity.
  `(8) The term `possession' means actual care, custody, control, or
  management.
  `(9) The term `Secretary' means the Secretary of Agriculture.
  `(10) The term `State' means any State of the United States, the District of
  Columbia, the Commonwealth of Puerto Rico, the American Virgin Islands, Guam,
  American Samoa, or any other territory or possession of the United States.
`PROHIBITED ACTS
  `SEC. 1484. (a) A person commits an offense if, without the effective consent
  of the owner, the person acquires or otherwise exercises control over an
  animal facility, an animal from an animal facility, or other property from
  an animal facility, with the intent to deprive the owner of such facility,
  animal, or property and to disrupt or damage the enterprise conducted at
  the animal facility.
  `(b) A person commits an offense if, without the effective consent of the
  owner and with the intent to disrupt or damage the enterprise conducted
  at the animal facility, the person damages or destroys an animal facility
  or any animal or property in or on an animal facility.
  `(c) A person commits an offense if, without the effective consent of the
  owner and with the intent to disrupt or damage the enterprise conducted
  at the animal facility, the person--
  `(1) enters an animal facility, not then open to the public, with intent
  to commit an act prohibited by this section;
  `(2) remains concealed, with intent to commit an act prohibited by this
  section, in an animal facility; or
  `(3) enters an animal facility and commits or attempts to commit an act
  prohibited by this section.
  `(d)(1) A person commits an offense if, without the effective consent of
  the owner and with the intent to disrupt or damage the enterprise conducted
  at the animal facility, the person enters or remains on an animal facility,
  and the person--
  `(A) had notice that the entry was forbidden; or
  `(B) received notice to depart but failed to do so.
  `(2) For purposes of this subsection `notice' means--
  `(A) oral or written communication by the owner or someone with apparent
  authority to act for the owner;
  `(B) fencing or other enclosure obviously designed to exclude intruders
  or to contain animals; or
  `(C) a sign or signs posted on the property or at the entrance to the
  building, reasonably likely to come to the attention of intruders,
  indicating that entry is forbidden.
`PENALTIES
  `SEC. 1485. (a) A person adjudged guilty of an offense under section 1484(a),
  1484(b), or 1484(c) shall be punished by--
  `(1) a fine not to exceed $10,000;
  `(2) imprisonment for a term not to exceed three years; or
  `(3) both such fine and imprisonment.
  `(b) A person adjudged guilty of an offense under section 1484(d) shall
  be punished by--
  `(1) a fine not to exceed $1,000;
  `(2) imprisonment for a term not to exceed one year; or
  `(3) both such fine and imprisonment.
  `(c) In addition to any sentence that may be imposed by this section,
  a person that has been adjudged guilty of an offense under this subtitle
  may be ordered by the court to give notice of the conviction to any person
  the court deems appropriate.
`INVESTIGATION OF VIOLATIONS BY THE SECRETARY
  `SEC. 1486. For purposes of enforcing the provisions of this subtitle,
  the Secretary--
  `(1) may investigate any offense under this subtitle;
  `(2) may seek the assistance of any law enforcement agency of the
  United States or any State or local government in the conduct of such
  investigations; and
  `(3) shall coordinate such investigation, to the maximum extent practicable,
  with the investigations of any law enforcement agency of the United States
  or any State and local government.
`COURT JURISDICTION
  `SEC. 1487. The district courts of the United States, the District Court
  of Guam, the District Court of the American Virgin Islands, the Highest
  Court of American Samoa, and the United States courts of other territories
  shall have jurisdiction--
  `(1) specifically to enforce, and to prevent and restrain a person from
  violating, this subtitle; and
  `(2) over any other kinds of cases arising under this subtitle.
`PRIVATE RIGHT OF ACTION
  `SEC. 1488. (a) Any person who has been damaged by reason of a violation
  of this subtitle may recover all actual and consequential damages and
  court costs, including reasonable attorneys' fees, from the person causing
  such damage.
  `(b) Nothing in this subtitle shall be construed to affect any other
  rights of a person who has been damaged by reason of a violation of this
  subtitle. Subsection (a) of this section shall not be construed to limit
  the exercise of any such rights arising out of or relating to a violation
  of section 1484 of this subtitle.
`EFFECT ON STATE LAWS
  `SEC. 1489. Nothing in this subtitle shall be construed or interpreted to
  preempt, limit, restrict, or otherwise affect any state law or regulation.'.
SEC. 2. AMENDMENTS TO THE TABLE OF CONTENTS.
  The table of contents in section 2 of the Food Security Act of 1985 is
  amended by adding after `Sec. 1471. Effective date.' the following:
`Subtitle D--Protection of Farm Animal and Research Facilities
`Sec. 1481. Short title.
`Sec. 1482. Findings.
`Sec. 1483. Definitions.
`Sec. 1484. Prohibited acts.
`Sec. 1485. Penalties.
`Sec. 1486. Investigation of violations by the Secretary.
`Sec. 1487. Court jurisdiction.
`Sec. 1488. Private right of action.
`Sec. 1489. Effect on State laws.'.