Animal Welfare Information Center Newsletter, Fall 1994, Vol. 5, no. 3

Congress In Session

• H.R. 5222 To provide for nonanimal acute toxicity testing by the Federal Government.
  
  Introduced October 6, 1994, by Tom Lantos (D-CA) and referred to the Committee on Energy and Commerce. This act may be cited as the "Consumer Products Safe Testing Act."
  
  The Congress finds that: nonanimal acute toxicity tests have been developed in recent years that have shown a level of reliability sufficient for the reduction or replacement of animal acute toxicity tests, such as the Draize test, for many products regulated by the Federal Government; the Federal Government has discouraged the use of these alternatives through regulations that mandate or encourage the use of animal acute toxicity tests, or by not prescribing other, less costly, more accurate and humane alternatives; many manufacturers are reluctant to use nonanimal tests without encouragement from the Federal Government.
  
  Section 3 outlines certain actions to be taken by Federal departments or agencies to implement the requirements of the act. The department or agency shall: evaluate departmental regulations, guidelines, or recommendations which require or encourage the use animal acute toxicity tests; conduct a review and evaluation of nonanimal alternatives with the potential for partial or full replacement of the Draize or other animal acute toxicity test for some or all of the products regulated; and promulgate regulations, guidelines, or recommendations that specify a nonanimal acute toxicity test or battery of tests unless the Federal department or agency determines that the nonanimal test(s) is less likely to predict the acute health effects on humans of a product than the animal acute toxicity test. The act also provides for periodic review of animal acute toxicity testing regulations.
  
  Section 4 stipulates that the act shall not apply to regulations, guidelines, or recommendations related to medical research.

• H.R. 4971 To amend the Animal Welfare Act to strengthen the annual reporting requirements of research facilities conducting animal experimentation or testing and to improve the accountability of animal experimentation programs of the Department of Defense.
  
  Introduced August 16, 1994, by Robert G. Torricelli (D-NJ) and referred jointly to the Committees on Agriculture and Armed Service. Referred to the Subcommittee on Research and Technology on August 18, 1994. This act may be cited as the "Animal Experimentation Right to Know Act."
  
  Section 3 outlines additional elements of the reporting requirements of the Animal Welfare Act (7 U.S.C. 2143) including: where animals were obtained from, an accurate count of all animals of all species used in animal experimentation testing, including rats, mice, and birds; information regarding the general purpose of the animal experimentation, including whether the animals were used in research, testing, or education. In addition a system for releasing to the public information on where animals used in research are obtained from shall be developed by the Secretary of Agriculture.
  
  Section 4 amends the Animal Welfare Act (7 U.S.C. 2143) to include requirements for the Department of Defense to provide Congress with an indepth annual report profiling animal research conducted at each Department research facility. To the greatest extent possible the report should be filed as an unclassified document. The report shall include the following: initiatives to promote alternative research methods that would phase out and reduce the use of animals; procedures to prevent unintended duplication; and total cost of animal-based research in comparison to other forms of biological research. The Secretary of Defense shall appoint an ombudsman for animal issues at each research facility of the Department of Defense. This individual would act on any complaints and concerns about the facility's animal care and use program. The Secretary of Defense may submit a waiver form in place of any information regarding animal tests that the Secretary of Defense determines cannot be publicly disclosed for reasons of national security.
  
  An 11-member panel of biomedical and animal care experts will be assigned to investigate the animal use and care programs of the Department of Defense. The panel shall examine the ethics and regulation of the number and types of animal experiments conducted by the Department of Defense.

• S. 2156 To provide for the elimination of reports by Federal departments and agencies to the Congress, and for other purposes.
  
  Introduced May 25, 1994, by Carl Levin (D-MI) and referred to the Committee on Governmental Affairs. Senate Report 103-375 issued on September 26, 1994. This act may be cited as the "Federal Report Elimination and Modification Act of 1994."
  
  Section 1012 modifies report requirements for the Horse Protection Act of 1970 (15 U.S.C. 1830). Section 1081 eliminates a report on the African Elephant Conservation Fund which was mandated by section 2103 of the African Elephant Conservation Act (16 U.S.C. 4213). Section 1082 modifies report requirements for section 18 of the Endangered Species Act of 1973 (16 U.S.C. 1544).

• H.R. 5055 To amend the Federal Meat Inspection Act, the Poultry Products Inspection Act, and animal quarantine laws to provide for improved public health and food safety through the reduction of pathogens, and for other purposes.
  
  Introduced September 19, 1994, by Charles W. Stenholm (D-TX) and referred to the Committee on Agriculture. This act may be cited as "The Pathogen Reduction Act of 1994."
  
  Congress finds that pathogens are a significant source of foodborne illness associated with meat, meat food products, poultry, and poultry products. Proper handling of meat or products of cattle, sheep, swine, goats, horses, mules, or other equines, or poultry products which may bear or contain human pathogens is necessary to prevent foodborne illness. Livestock and poultry producers, handlers, processors, distributors, transporters, and retailers all share responsibility in handling livestock, meat, meat food products, poultry, and poultry products in such a way as to protect the public health. The distribution of meat, meat food products, poultry, or poultry products which could be injurious to the public health because they contain human pathogens would impair the effective regulation of wholesome meat, meat food products, poultry, or poultry products in interstate and foreign commerce and would destroy markets for wholesome products. In order to reduce the risk of foodborne illnesses and protect public health, a concerted effort is required on the part of regulatory authorities and all parties involved in the production and handling of meat, meat food products, poultry, or poultry products to address the problem of microbial contamination using the best available scientific information and appropriate technology.

• H.R. 4997 To amend title 18, United States Code, to prohibit interstate connected conduct relating to exotic animals.
  
  Introduced August 19, 1994, by George E. Brown (D-CA) and referred to the Committee on the Judiciary. Referred to the Subcommittee on Crime and Criminal Justice on August 23, 1994. This act may be cited as the "Captive Exotic Animal Protection Act."
  
  Whoever, in or affecting interstate or foreign commerce, knowingly transfers, transports, or possesses a confined exotic animal, for the purposes of allowing the killing or injuring of that animal for entertainment or the collection of a trophy, shall be fined under this title or imprisoned not more than 1 year, or both.

• H.R. 4924 To assist in the conservation of rhinoceros and tigers by supporting and providing financial resources for the conservation programs of nations whose activities directly or indirectly affect rhinoceros and tiger populations, and of the CITES Secretariat.
  
  Introduced August 9, 1994, by Jack Fields (R-TX) and referred to the Committee on Merchant Marine and Fisheries. House Report 103-748 issued on September 26, 1994. Measure passed House on September 27, 1994. This act may be cited as the "Rhinoceros and Tiger Conservation Act of 1994."
  
  A separate account known as the "Rhinoceros and Tiger Conservation Fund" will be established in the general fund of the Treasury. All amounts received by the Secretary of the Interior will be in the form of donations and other amounts appropriated by the fund. The Secretary of the Interior may not use more than 3 percent of the money in the fund to administer the fund. A sum of $10 million is authorized to be appropriated to the fund for fiscal years 1996 through the year 2000. Subject to the availability of appropriations the Secretary of the Interior shall use amounts in the fund to provide financial assistance for projects for the conservation of rhinoceros and tigers. "Conservation" is defined as the use of all methods and procedures necessary to bring rhinoceros and tigers to the point at which there are sufficient populations to ensure that those species do not become extinct, including activities associated with scientific resource management, such as research, census, law enforcement, habitat protection, acquisition, and management, propagation, live trapping, and transportation.

• H.R. 4602 Making appropriations for the Department of the Interior and related agencies for the fiscal year ending September 30, 1995, and for other purposes.
  
  Introduced July 26, 1994, and ordered to be printed with the amendments of the Senate numbered. Measure signed in Senate and made Public Law 103-332 on September 30, 1994.
  
  Appropriation language is included for a number of animal-related acts and special funds including range land improvements, United States Fish and Wildlife Service Resource Management, Cooperative Endangered Species Conservation Fund, National Wildlife Refuge Fund, expenses to carry out African Elephant Conservation Act, North American Wetland Conservation Act, and a national biological survey.

• H.R. 4734 To require consultations, assessments, and monitoring of the effects of major trade actions on the environment generally, including fish, wildlife, endangered species, and other natural resources.
  
  Introduced July 13, 1994, by Gerry E. Studds (D-MA) and referred jointly to the Committees on Ways and Means and Merchant Marine and Fisheries. House Report 103-760 issued on September 28, 1994. This act may be cited as the "Trade and Environment Reporting Act of 1994."
  
  Congress finds that the United States promotes efforts to prevent harm to the environment generally, including fish, wildlife, endangered species, and other natural resources and to encourage sustainable development. Free trade agreements and other major trade actions may have significant effects, positive and negative, on environmental resources. Before entering into negotiations for any free trade agreement or other major trade action, the United States Trade Representative shall consult with an appropriate advisory committee, including the Trade and Environment Policy Advisory Committee, Federal agencies, environmental organizations, and other interested persons, for the purpose of identifying environmental resources that may be affected.

• S.2269 To protect Native American cultures and to guarantee the free exercise of religion by Native Americans.
  
  Introduced July 1, 1994, by Daniel K. Inouye (D-HI) and referred to the Committee on Indian Affairs. Hearings held on July 14, 1994. This act may be cited as the "Native American Cultural Protection and Free Exercise of Religion Act of 1994."
  
  Native American practitioners shall be permitted access to Federal lands at all times for Native American traditional cultural, or ceremonial or religious purposes, including access to gather, harvest, or maintain natural substances or natural products for Native American traditional cultural purposes. Federal agencies may take reasonable measures to assure that access and use of lands under this act do not have a direct significant and negative impact on national security or the implementation of the Endangered Species Act. The Director of the United States Fish and Wildlife Service shall in consultation with Indian tribes and Native American traditional leaders develop a plan to ensure the prompt disbursement for Federal depositories of available bald eagles or golden eagles, or their parts, nests, or eggs for traditional cultural use.

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