The differences between the House bill, the Senate amendment, and the substitute agreed to in conference are noted below. (For more information on the role of a conference committee, go to How Our Laws Are Made XV. Final Action on Amended Bill a t http://thomas.loc.gov/home/lawsmade.bysec/final.action.html#request)
Subtitle B - Other Matters
(22) Enforcement of the Humane Methods of Slaughter Act of 1958
The House bill (1) added the following findings:
Public demand for passage of P.L. 85 765;
The Humane Method of Slaughter Act of 1958 requires that animals be rendered insensible to pain when they are slaughtered;
Scientific evidence indicates that treating animals humanely result in tangible economic benefits;
The United States Animal Health Association passed a resolution to encourage strong enforcement of the Act;
The Secretary of Agriculture is responsible for enforcing the Act, including monitoring and compliance;
(2) expressed the Sense of Congress that the Secretary should fully enforce P.L. 85 765 by ensuring humane methods in the slaughter of livestock; and (3) determined it is the policy of the U.S. that the slaughter of livestock and handling of livest ock in connection with slaughter shall be carried out only by humane methods, as proved by P.L. 85 765. (Sec. 939)
The Senate amendment provided for the same general intent as the House provision, but with drafting differences. (Sec. 1067)
The Conference substitute adopts the House provision with an amendment eliminating Congressional findings. In Sec. 1067(1)(A) “resume” is changed to “continue” with regard to the reporting requirement. The Managers expect the Departme
nt to include a report on violations of this Act in its annual report to Congress. (Sec. 10305)
(23) Penalties and Foreign Commerce Provisions of the Animal Welfare Act
The House bill increased the penalties provided by current law, by raising the maximum penalty for violation from $5,000 to $15,000 and raising the maximum imprisonment for violation from 1 year to 2 years and also closes the “foreign commerce looph ole” by prohibiting transportation of animals for fighting purposes from any state into any foreign country effective 30 days after enactment. (Sec. 940)
The Senate amendment is identical to the House provision. (Sec. 1052)
The Conference substitute also provides an amendment to eliminate the increase in maximum prison terms found in the House and Senate provision. (Sec. 10303)
(24) Prohibition on Interstate Movement of Animals for Animal Fighting
The House bill amends Sec. 26(d) of the Animal Welfare Act to prohibit the interstate shipment of birds for fighting purposes. (Sec. 941)
The Senate amendment is identical to the House provision. (Sec. 1053)
The Conference substitute made technical changes to make it illegal ship a bird in interstate commerce for the purpose of engaging in a animal fight and further, makes it illegal to fight a bird in a fight in which any bird in the fight was transported i
llegally. (Sec. 10302)
(28) Unlawful Stockyard Practices Involving Nonambulatory Livestock
The House bill amends Title III of the Packers and Stockyards Act, 1921 by adding following on Sec. 318:
Sec. 318(a) defines the terms: humanely euthanize and nonambulatory livestock.
Sec. 318(b)(1) It shall be unlawful for any stockyard owner, market agency, or dealer to buy, sell, give, receive, transfer, market, hold, or drag any nonambulatory livestock unless the nonambulatory livestock has been humanely euthanized.
Sec. 318(b)(2) provides exceptions.
Sec. 318 (c) stipulates that the application of this prohibition is to commence one year after enactment of the Farm Security Act of 2001. The Secretary shall promulgate regulations to carry out this section. (Sec. 945)
The Senate amendment is a substantively identical provision with the following difference: Sec. 318(c) stipulates that the application of this prohibition is to commence one year after enactment of the Agriculture, Conservation, and Rural Enhancement Act of 2002. (Sec.1045)
The Conference substitute adopts the House provision with an amendment to require the Secretary to investigate the problem of nonambulatory livestock and report the findings to Congress. Based on the findings of the report the Secretary shall promulgate
regulations if the Secretary deems them necessary to regulate the humane treatment, handling and disposition of nonambulatory livestock. The Conference substitute provides for investigative and penalty authority consistent with the Animal Health Protectio
n Act. (Sec. 10502)
(34) Animal Health Protection
The Senate amendment provides for the consolidation and updating of existing animal health authorities at USDA. (Sec. 1021 to Sec. 1038)
The House bill contains no comparable provision.
The Conference substitute adopts the Senate provision with amendments (1) regarding the definition of disease (S1023.CR10403) (2) requires notification to the Secretary of Treasury as well as public notification regarding development of rules on restrict ions of imports (S1024. CR10404) (3) directs the Secretary of Agriculture to consult with State animal health officials and veterinary health professionals regarding the establishment of the veterinary accreditation program, gives guidelines for suspensio n or revocation of accreditation of any veterinarian accredited under this subtitle that violates this subtitle, and clarifies that the criminal and civil penalties in section 1034 shall not apply to violations of this section that are not violations of a ny other provision of this subtitle (S1030. CR10410) (4) establishes increased criminal penalties in cases of violations of the Animal Health Protection Act involving persons knowingly destroying records or moving pests in commerce for distribution. Crimi nal penalties are likewise increased in cases of persons who have committed multiple violations of the Animal Health Protection Act. Strike the provision of Section 1034 regarding criminal and civil penalties relating to suspension or revocation of accred itation. (S1034. CR10414) (5) authorization of appropriations and to provide for more efficient management of declarations of extraordinary emergencies and transfer of funds from the Commodity Credit Corporation (S1037. CR10417) (6) strikes the repeal of the Pseudorabies Eradication Program which is reauthorized in the Conference substitute in Section 10507. (S1038. CR10418)
The managers recognize that the principal purpose of the Animal Health Protection Act is to protect against animal disease. With this in mind, the managers have considered numerous options with regard to a statutory definition of disease. In considering these options, the managers were concerned that an overly broad definition could result in litigation forcing the Agency to divert scarce resources to protecting against conditions which have little if anything to do with the scientific understanding of d isease. Likewise, the managers were equally concerned that an arbitrarily narrow definition would limit the ability of the Agency to respond to as of yet unknown threats to animal health. The managers have therefore concluded that in order for the Agency to have maximum flexibility to focus it’s resources and respond to new or emerging disease threats that a regulatory definition of disease should be left to the discretion of the Secretary. In so doing, the managers strongly encourage the Secretary t o continually reexamine the principal definitions developed during implementation of this statute and make such changes as deemed necessary to achieve the goal of protecting animal health.
It is also the Managers intent that nothing in the Act should be construed in a manner that will unduly restrict or delay the importation, export, or transportation of biomedical research materials, including tissues, specimens, samples, animal embryos, or animals designated for use in research. The Managers do not expect the Secretary to issue any rule or regulation that would unduly restrict or delay the importation, export, or transportation of biomedical research materials, including tissues, specime ns, samples, animal embryos, or animals designated for use in research.
It is the Managers understanding that Veterinary Services, within the United States Department of Agriculture’s Animal and Plant Health Inspection Service (APHIS), has a long history of cooperation with the veterinary community in performing importa nt regulatory work nationwide. Private practitioners were first used to perform regulatory work in 1907. However, the current voluntary accreditation program (National Veterinary Accreditation Program) officially began in 1921, when USDA, Bureau of Animal Industry, administered the first accreditation examination to certify practitioners as representatives of the Federal government. Accredited veterinarians are the backbone of U.S. regulatory programs for livestock and poultry diseases. The overriding goa l of the National Veterinary Accreditation Program is for Veterinary Services, veterinarians, State Animal Health Officials and veterinary colleges to work cooperatively toward the goal of protecting and improving the health, quality, and marketability of U.S. animals. Increased collaboration will be crucial to the success of new enhancements to this program. It is the intent of the Managers that APHIS’ existing Veterinary Accreditation Program and implementing regulations continue unimpeded pursuant to section 1038(c). With regard to future revisions by APHIS to its Veterinary Accreditation Program, the Managers strongly encourage APHIS’ Veterinary Services to consult with State animal health officials and veterinary professionals, including St ate Veterinary Medical Associations and private veterinary practitioners.
The Managers note that USDA currently is evaluating three rapid screening tests to determine which is the most sensitive and effective at detecting scrapie. Ensuring proper screening and testing, and, where necessary, the eradication of animal diseases, is of paramount importance to American Agriculture, USDA, the Congress, and the American people. With the stakes to animal health and the farm economy so high, the U.S. government should use the very best methods available to detect animal diseases. Accor dingly, the Managers request that USDA use science-based criteria to evaluate the tests under review and invite third-party animal health diagnostic test experts to review preliminary findings and evaluation methodology. The purpose of the Animal Health P rotection Act is to address pest and disease threats to animal health and production. The managers do not intend for the Animal Health Protection Act to be used to manage or control predation. The Managers expect the Secretary of Agriculture to continue t o use the authorities under the Act of March 2, 1931 (7 U.S.C. 426 426b) as amended.
In a case of extraordinary emergency, the section regarding seizure, quarantine, and disposal provides express authority in the Secretary to hold, seize, treat, and apply other remedial actions to destroy or otherwise dispose of any animal. However, noth
ing in this section or in this title should be construed as impliedly vesting in the Secretary authority to manage fish or wildlife populations. If fish or wildlife is affected by control or eradication measures proposed by the Secretary in an extraordina
ry emergency, the Managers expect that the Secretary will consult with officials of the State agency having authority for protection and management of such wildlife, as is the current practice in such instances.
(42) Improved Standards for the Care and Treatment of Certain Animals
The Senate amendment provides for the socialization of puppies intended for sale as pets, and prohibits female dogs from being bred before they are one year old, or from having more than three litters every two years. The Act also establishes a “thr ee strikes” system for AWA licensees that commit 3 or more serious violations of the Act over an eight-year period. (Sec. 1049)
The House bill contains no comparable provision.
The Conference substitute deletes the Senate provision.
(44) Definition of Animal Under the Animal Welfare Act
The Senate amendment amended the definition of animal to add birds, rats, and mice bred for use in research to the list of those animals excluded from coverage under the Animal Welfare Act. (Sec. 1051)
The House bill contains no comparable provision.
The Conference substitute adopts the Senate provision. (Sec. 10301)
(50) Transportation of Poultry and Other Animals
The Senate amendment amends the FY 02 Treasury Appropriations measure which provides a provision allowing the Postal Service to require air carriers to accept as mail, day old poultry if the air carrier allows the shipment of any live animals as cargo . The Appropriations provision only covers the period through June 30, 2002.
The Senate provision makes the provision in the Appropriations bill permanent. (Sec. 1060)
The House bill contains no comparable provion.
The Conference substitute adopts the Senate provision with an amendment to include honeybees. (Sec. 10501)
(58) Bear Protection
The Senate amendment prohibits movement in interstate or foreign commerce of bear viscera—defined as the body fluids and organs, not including blood or brains, of any species of bear. Exceptions are made for wildlife law enforcement purposes, and no thing in this section affects state regulation of bear populations or any hunting of bears allowed under state law and establishes civil and criminal penalties for violations. (Sec. 1070)
The House bill contains no comparable provision.
The Conference substitute deletes the Senate provision.
(80) Report on Birds, Rats and Mice
The Senate amendment requires a GAO report on the implications of including birds, rats, and mice in the definition of “animal” under USDA’s regulations under the Animal Welfare Act. (Sec. 1087)
The House bill contains no comparable provision.
The Conference substitute adopts the Senate provision with an amendment for the National Research Council to submit this report to Congress. The report shall be completed with input from the Secretary of Agriculture, the Secretary of Health and Human Ser vices and the Institute for Animal Laboratory Research. It shall contain an estimate of the number and types of entities that use rats, mice and birds for research purposes, and a description of the regulations to which these are subjected. It shall also contain an estimate of the rats, mice and birds used in research facilities and an indication of which of those facilities are currently under federal regulation. Further, the report shall include an estimate of the additional costs likely to be incurred by researchers resulting from additional regulations, recommendations for minimizing such costs, an estimate of the additional funding APHIS would require to ensure compliance, and recommendations for minimizing the regulatory burden on facilities already subject to federal regulations. (Sec. 10304)
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The Animal Welfare Information Center
U.S. Department of Agriculture
Agricultural Research Service
National Agricultural Library
10301 Baltimore Ave.
Beltsville, MD 20705-2351
Phone: (301) 504-6212
FAX: (301) 504-7125
Contact us: http://www.nal.usda.gov/awic/contact.php
