Text: S.544 — 102nd Congress (1991-1992)All Information (Except Text)

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--S.544--
 S.544
One Hundred Second Congress of the United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Friday, the third day of January,
one thousand nine hundred and ninety-two
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:
`Sec. 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.
 `(e) 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 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.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

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