Note: The following are statements concerning amendments to the Animal Welfare Act taken from the 2002 Farm Bill, specifically the Senator Helms Amendment. This is not the entire Farm Bill.

Subtitle D—Animal Welfare

SEC. 10301. DEFINITION OF ANIMAL UNDER THE ANIMAL WELFARE

ACT.

Section 2(g) of the Animal Welfare Act (7 U.S.C. 2132(g)) is amended in the first sentence by striking ‘‘excludes horses not used for research purposes and’’ and inserting the following: ‘‘excludes (1) birds, rats of the genus Rattus, and mice of the genus Mus, bred for use in research, (2) horses not used for research purposes, and (3)’’.

SEC. 10302. PROHIBITION ON INTERSTATE MOVEMENT OF ANIMALS FOR ANIMAL FIGHTING.

(a) IN GENERAL.—Section 26 of the Animal Welfare Act (7 U.S.C. 2156) is amended—

(1) by striking subsection (a) and inserting the following:

‘‘(a) SPONSORING OR EXHIBITING AN ANIMAL IN AN ANIMAL FIGHTING VENTURE.—

‘‘(1) IN GENERAL.—Except as provided in paragraph (2), it shall be unlawful for any person to knowingly sponsor or exhibit

an animal in an animal fighting venture, if any animal in the venture was moved in interstate or foreign commerce.

‘‘(2) SPECIAL RULE FOR CERTAIN STATES.—With respect to fighting ventures involving live birds in a State where it would

not be in violation of the law, it shall be unlawful under this subsection for a person to sponsor or exhibit a bird in the fighting venture only if the person knew that any bird in the fighting venture was knowingly bought, sold, delivered, transported, or received in interstate or foreign commerce for the purpose of participation in the fighting venture.’’;

(2) in subsection (b), by striking ‘‘or deliver to another person or receive from another person’’ and inserting ‘‘deliver, or receive’’; and (3) in subsection (d), by striking ‘‘subsections (a), (b), or (c) of this section’’ and inserting ‘‘subsection (c)’’.

(b) EFFECTIVE DATE.—The amendments made by this section take effect 1 year after the date of enactment of this Act.

May 1, 2002

372

S.L.C.

SEC. 10303. PENALTIES AND FOREIGN COMMERCE PROVISIONS OF THE

ANIMAL WELFARE ACT.

(a) IN GENERAL.—Section 26 of the Animal Welfare Act (7 U.S.C. 2156) is amended—

(1) in subsection (e)—

(A) by inserting ‘‘PENALTIES.—’’ after ‘‘(e)’’; and

(B) by striking ‘‘$5,000’’ and inserting ‘‘$15,000’’; and

(2) in subsection (g)(2)(B), by inserting before the semicolon at the end the following: ‘‘or from any State into any foreign country’’.

(b) EFFECTIVE DATE.—The amendment made by this section takes effect 1 year after the date of enactment of this Act.

SEC. 10304. REPORT ON RATS, MICE, AND BIRDS.

(a) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, the National Research Council shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate, a report on the implications of including rats, mice, and birds within

the definition of animal under the regulations promulgated under the Animal Welfare Act (7 U.S.C. 2131 et seq.)

(b) REQUIREMENTS.—The report under subsection (a) shall—

(1) be completed with input, consultation, and recommendations from—

(A) the Secretary of Agriculture;

(B) the Secretary of Health and Human Services; and

(C) the Institute for Animal Laboratory Research within the National Academy of Sciences;

(2) contain an estimate of—

(A) the number and types of entities that use rats, mice, and birds for research purposes; and

(B) which of the entities—

(i) are subject to regulations of the Department of Agriculture;

(ii) are subject to regulations or guidelines of the

Department of Health and Human Services; or

(iii) voluntarily comply with the accreditation requirements of the Association for Assessment and Accreditation

of Laboratory Animal Care;

(3) contain an estimate of the numbers of rats, mice, and birds used in research facilities, with an indication of which of the facilities—

(A) are subject to regulations of the Department of Agriculture;

(B) are subject to regulations or guidelines of the Department of Health and Human Services; or

(C) voluntarily comply with the accreditation requirements

of the Association for Assessment and Accreditation of Laboratory Animal Care;

(4) contain an estimate of the additional costs likely to be incurred by breeders and research facilities resulting from the additional regulatory requirements needed in order to afford the same level of protection to rats, mice, and birds as is provided for species regulated by the Department of Agriculture,

detailing the costs associated with individual regulatory requirements;

(5) contain recommendations for minimizing such costs, including—

(A) an estimate of the cost savings that would result from providing a different level of protection to rats, mice,

and birds than is provided for species regulated by the Department of Agriculture; and

(B) an estimate of the cost savings that would result if new regulatory requirements were substantially equivalent

to, and harmonized with, guidelines of the National Institutes of Health;

(6) contain an estimate of the additional funding that the Animal and Plant Health Inspection Service would require to

be able to ensure that the level of compliance with respect to other regulated animals is not diminished by the increase in the number of facilities that would require inspections if a rule extending the regulatory definition of animal to rats, mice, and birds were to become effective; and

(7) contain recommendations for—

(A) minimizing the regulatory burden on facilities subject to—

(i) regulations of the Department of Agriculture;

(ii) regulations or guidelines of the Department of Health and Human Services; or

(iii) accreditation requirements of the Association for Assessment and Accreditation of Laboratory Animal Care; and

(B) preventing any duplication of regulatory requirements.

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