21832 CONGRESSIONAL RECORD—HOUSE, Vol. 152, Pt. 17 November 13, 2006 The Lake Pontchartrain Basin is a SEC. 2. REFERENCES. b 1445 5,000 square mile watershed encom- Any reference in a law (including regula- But he was very clear that invest- passing 16 parishes in Louisiana and tions), map, document, paper, or other ment in a national rail passenger serv- record of the United States to the bridge de- four Mississippi counties. The area ice, Amtrak, was good sound fiscal in- comprises the largest estuary in the scribed in section 1 shall be considered to be a reference to the Senator William V. Roth, vestment. It was good for the environ- gulf coast region and one of the largest Jr. Bridge. ment. It was good for transportation. I estuaries in these United States. am only sorry that it is not a railroad The SPEAKER pro tempore. Pursu- In 2000, Congress added section 121 to bridge that we are naming after Sen- ant to the rule, the gentleman from the Clean Water Act to establish a ator Roth, but I am proud to support Wisconsin (Mr. PETRI) and the gen- Lake Pontchartrain Basin Restoration this legislation. Program within EPA. The program au- tleman from Oregon (Mr. BLUMENAUER) Mr. CASTLE. Mr. Speaker, I rise today in thorizes the Environmental Protection each will control 20 minutes. strong support of S. 1140, legislation to name Agency to help people in Louisiana and The Chair recognizes the gentleman the State Route 1 Bridge over the Chesa- Mississippi address pollution problems from Wisconsin. peake and Delaware Canal in Delaware after affecting Lake Pontchartrain. Now it GENERAL LEAVE the late Senator William V. Roth, Jr. is time to reauthorize the Lake Pont- Mr. PETRI. Mr. Speaker, I ask unani- S. 1140 passed the Senate unanimously in chartrain Basin Program. mous consent that all Members may June 2005, and as the sponsor of the House H.R. 6121, introduced by Mr. BAKER, have 5 legislative days in which to re- companion, H.R. 2800, I am pleased to join would reauthorize the Lake Pont- vise and extend their remarks and in- Senators CARPER and BIDEN in offering my full chartrain Basin Restoration Program clude extraneous material on the bill support for S. 1140 and to encourage its for an additional 5 years. I would like now under consideration. adoption by the House today. A leader and dedicated public servant, Sen- to commend Representative BAKER for The SPEAKER pro tempore. Is there ator Roth served honorably during his years in his efforts to restore the ecological objection to the request of the gen- Congress and set a tremendous example for health of Lake Pontchartrain, and I tleman from Wisconsin? future generations of Americans. Best known urge all Members to support this legis- There was no objection. lation. for creating the successful ‘‘Roth IRA,’’ Sen- Mr. PETRI. Mr. Speaker, I yield my- ator Roth also fought hard in Congress to im- Mr. Speaker, I reserve the balance of self such time as I may consume. my time. prove the quality of transportation in the State This bill will designate the State Mr. BLUMENAUER. Mr. Speaker, I of Delaware. In the early 1990s, Senator Roth Route 1 bridge in the State of Delaware yield myself such time as I may con- played an important role in helping to build the as the Senator William V. Roth, Jr. sume, and I too rise in support of H.R. State Route 1 Bridge in New Castle County, Bridge. 6121, the reauthorization of the Lake Delaware. Senator Roth was first elected to the House Pontchartrain Basin Program. My good Senator Roth began his public serv- in 1966, serving two terms, before being elect- friend and colleague from Wisconsin ice when he was elected to the House in ed to the Senate, where he served for 30 gave a clear and convincing summary 1966. He served two terms in the House before being elected to the Senate in years. He also won the Bronze Star for his of what the bill is about, and I see no service in the U.S. Army during World War II. reason to actually prolong this. I agree 1970, where he served for 30 years. Dur- ing that time, Bill Roth rose to the He died in 2003 at the age of 82. with the sentiment, and I strongly sup- Nothing in my mind would serve as a better port it. chairmanship of the Senate Committee on Governmental Affairs and the Sen- tribute to Senator Roth’s many years of dedi- Mr. Speaker, I yield back the balance cated public service than to rename this of my time. ate Finance Committee. Senator Roth was a well-known fiscal conservative bridge, a true architectural gem in Delaware, Mr. PETRI. Mr. Speaker, I have no in his honor. further speakers, and I yield back the who is probably best known outside his home State of Delaware as the creator I urge all my colleagues to join me in sup- balance of my time. porting S. 1140. The SPEAKER pro tempore. The of the individual retirement account Mr. BLUMENAUER. I yield back the question is on the motion offered by that bears his name, the Roth IRA. balance of my time. the gentleman from Wisconsin (Mr. I would note that the Senate passed Mr. PETRI. I have no further speak- PETRI) that the House suspend the this bill by unanimous consent last ers, and I yield back the balance of my rules and pass the bill, H.R. 6121. year, and our colleague, Representative time. The question was taken; and (two- MIKE CASTLE, has introduced an iden- The SPEAKER pro tempore. The thirds of those voting having responded tical bill here in the House. Mr. Speak- question is on the motion offered by in the affirmative) the rules were sus- er, I urge my colleagues to support S. the gentleman from Wisconsin (Mr. pended and the bill was passed. 1140. Naming this bridge after Senator PETRI) that the House suspend the A motion to reconsider was laid on Roth is a fitting tribute to his many rules and pass the Senate bill, S. 1140. the table. years of public service. The question was taken; and (two- thirds of those voting having responded f Mr. Speaker, I reserve the balance of my time. in the affirmative) the rules were sus- SENATOR WILLIAM V. ROTH, JR. Mr. BLUMENAUER. Mr. Speaker, I pended and the Senate bill was passed. BRIDGE yield myself such time as I may con- A motion to reconsider was laid on Mr. PETRI. Mr. Speaker, I move to sume, and I too rise in support of S. the table. suspend the rules and pass the Senate 1140. f bill (S. 1140) to designate the State I appreciate the clear analysis from ANIMAL ENTERPRISE TERRORISM Route 1 Bridge in the State of Dela- my friend from Wisconsin. I would have ACT ware as the ‘‘Senator William V. Roth, just one other element to add, and that Mr. SENSENBRENNER. Mr. Speak- Jr. Bridge’’. is that I think it is particularly fitting The Clerk read as follows er, I move to suspend the rules and and appropriate for our committee to pass the Senate bill (S. 3880) to provide S. 1140 advance this and to commemorate Sen- the Department of Justice the nec- Be it enacted by the Senate and House of Rep- ator Roth. He was keenly interested in essary authority to apprehend, pros- resentatives of the United States of America in environmental protection in the course Congress assembled, ecute, and convict individuals commit- of his career and was one of the most ting animal enterprise terror. SECTION 1. DESIGNATION OF SENATOR WILLIAM aggressive and active supporters of V. ROTH, JR. BRIDGE. The Clerk read as follows: The State Route 1 Bridge over the Chesa- Amtrak, at a time when, as my col- S. 3880 peake and Delaware Canal in the State of league and friend mentioned, Senator Be it enacted by the Senate and House of Delaware is designated as the ‘‘Senator Wil- Roth was a fiscal conservative to the Representatives of the United States of America liam V. Roth, Jr. Bridge’’. bone. in Congress assembled,

VerDate Sep 11 2014 14:37 May 19, 2017 Jkt 049102 PO 00000 Frm 00010 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BR13NO06.DAT BR13NO06 ejoyner on DSK30MW082PROD with BOUND RECORD November 13, 2006 CONGRESSIONAL RECORD—HOUSE, Vol. 152, Pt. 17 21833 SECTION 1. SHORT TITLE. ‘‘(2) for the loss of food production or farm ‘‘43. Force, violence, and threats involving This Act may be cited as the ‘‘Animal En- income reasonably attributable to the of- animal enterprises.’’. terprise Terrorism Act’’. fense; and The SPEAKER pro tempore. Pursu- ‘‘(3) for any other economic damage, in- SEC. 2. INCLUSION OF ECONOMIC DAMAGE TO ant to the rule, the gentleman from cluding any losses or costs caused by eco- ANIMAL ENTERPRISES AND Wisconsin (Mr. SENSENBRENNER) and THREATS OF DEATH AND SERIOUS nomic disruption, resulting from the offense. BODILY INJURY TO ASSOCIATED ‘‘(d) DEFINITIONS.—As used in this section— the gentleman from Virginia (Mr. PERSONS. ‘‘(1) the term ‘animal enterprise’ means— SCOTT) each will control 20 minutes. (a) IN GENERAL.—Section 43 of title 18, ‘‘(A) a commercial or academic enterprise The Chair recognizes the gentleman United States Code, is amended to read as that uses or sells animals or animal products from Wisconsin. for profit, food or fiber production, agri- follows: GENERAL LEAVE culture, education, research, or testing; ‘‘§ 43. Force, violence, and threats involving ‘‘(B) a zoo, aquarium, animal shelter, pet Mr. SENSENBRENNER. Mr. Speak- animal enterprises store, breeder, furrier, circus, or rodeo, or er, I ask unanimous consent that all ‘‘(a) OFFENSE.—Whoever travels in inter- other lawful competitive animal event; or Members may have 5 legislative days state or foreign commerce, or uses or causes ‘‘(C) any fair or similar event intended to within which to revise and extend their to be used the mail or any facility of inter- advance agricultural arts and sciences; remarks and include extraneous mate- state or foreign commerce— ‘‘(2) the term ‘course of conduct’ means a rial on S. 3880 currently under consid- ‘‘(1) for the purpose of damaging or inter- pattern of conduct composed of 2 or more eration. acts, evidencing a continuity of purpose; fering with the operations of an animal en- The SPEAKER pro tempore. Is there terprise; and ‘‘(3) the term ‘economic damage’— ‘‘(2) in connection with such purpose— ‘‘(A) means the replacement costs of lost objection to the request of the gen- ‘‘(A) intentionally damages or causes the or damaged property or records, the costs of tleman from Wisconsin? loss of any real or personal property (includ- repeating an interrupted or invalidated ex- There was no objection. ing animals or records) used by an animal periment, the loss of profits, or increased Mr. SENSENBRENNER. Mr. Speak- enterprise, or any real or personal property costs, including losses and increased costs er, I yield myself such time as I may of a person or entity having a connection to, resulting from threats, acts or vandalism, consume. relationship with, or transactions with an property damage, trespass, harassment, or Mr. Speaker, I rise in support of S. animal enterprise; intimidation taken against a person or enti- 3880, the Animal Enterprise Terrorism ‘‘(B) intentionally places a person in rea- ty on account of that person’s or entity’s connection to, relationship with, or trans- Act. sonable fear of the death of, or serious bodily In recent years, some animal rights injury to that person, a member of the im- actions with the animal enterprise; but mediate family (as defined in section 115) of ‘‘(B) does not include any lawful economic activist groups have employed violence that person, or a spouse or intimate partner disruption (including a lawful boycott) that and intimidation against enterprises of that person by a course of conduct involv- results from lawful public, governmental, or that use or sell animals or animal ing threats, acts of vandalism, property dam- business reaction to the disclosure of infor- products for food, agriculture, research age, criminal trespass, harassment, or in- mation about an animal enterprise; testing or entertainment uses. In 1992, ‘‘(4) the term ‘serious bodily injury’ timidation; or the Animal Enterprise Protection Act ‘‘(C) conspires or attempts to do so; means— ‘‘(A) injury posing a substantial risk of was enacted to provide additional au- shall be punished as provided for in sub- thority to prosecute extremists whose section (b). death; ‘‘(B) extreme physical pain; attacks create damages or research ‘‘(b) PENALTIES.—The punishment for a ‘‘(C) protracted and obvious disfigurement; violation of section (a) or an attempt or con- losses of at least $10,000. or spiracy to violate subsection (a) shall be— However, the last several years have ‘‘(D) protracted loss or impairment of the ‘‘(1) a fine under this title or imprisonment seen an increase in the number and the function of a bodily member, organ, or men- not more than 1 year, or both, if the offense severity of criminal acts and intimida- tal faculty; and does not instill in another the reasonable ‘‘(5) the term ‘substantial bodily injury’ tion against those engaged in animal fear of serious bodily injury or death and— means— enterprises. These groups have at- ‘‘(A) the offense results in no economic ‘‘(A) deep cuts and serious burns or abra- tacked not only employees of compa- damage or bodily injury; or sions; nies conducting research, but also ‘‘(B) the offense results in economic dam- ‘‘(B) short-term or nonobvious disfigure- those with any remote link to such re- age that does not exceed $10,000; ment; ‘‘(2) a fine under this title or imprisonment search or activities. This has included ‘‘(C) fractured or dislocated bones, or torn employees of banks, underwriters, in- for not more than 5 years, or both, if no bod- members of the body; ily injury occurs and— ‘‘(D) significant physical pain; surance companies, investors, univer- ‘‘(A) the offense results in economic dam- ‘‘(E) illness; sity research facilities, and even the age exceeding $10,000 but not exceeding ‘‘(F) short-term loss or impairment of the New York Stock Exchange. $100,000; or function of a bodily member, organ, or men- Victims have experienced threat- ‘‘(B) the offense instills in another the rea- tal faculty; or ening letters, e-mails and phone calls, sonable fear of serious bodily injury or ‘‘(G) any other significant injury to the repeated organized protests at their death; body. ‘‘(3) a fine under this title or imprisonment homes and the blanketing of their ‘‘(e) RULES OF CONSTRUCTION.—Nothing in neighborhoods with defamatory lit- for not more than 10 years, or both, if— this section shall be construed— ‘‘(A) the offense results in economic dam- ‘‘(1) to prohibit any expressive conduct (in- erature. Some of the more violent acts age exceeding $100,000; or cluding peaceful picketing or other peaceful by these groups include arson, pouring ‘‘(B) the offense results in substantial bod- demonstration) protected from legal prohibi- acid on cars, mailing razor blades, and ily injury to another individual; tion by the First Amendment to the Con- defacing victims’ homes. ‘‘(4) a fine under this title or imprisonment stitution; Many of the actions that the groups for not more than 20 years, or both, if— ‘‘(2) to create new remedies for inter- have engaged in are not addressed by ‘‘(A) the offense results in serious bodily ference with activities protected by the free injury to another individual; or the current animal enterprise ter- speech or free exercise clauses of the First rorism statute, 18 United States Code ‘‘(B) the offense results in economic dam- Amendment to the Constitution, regardless age exceeding $1,000,000; and of the point of view expressed, or to limit 43. This legislation would expand the ‘‘(5) imprisonment for life or for any terms any existing legal remedies for such inter- reach of Federal criminal law to spe- of years, a fine under this title, or both, if ference; or cifically address the use of force, vio- the offense results in death of another indi- ‘‘(3) to provide exclusive criminal penalties lence or threats against not only ani- vidual. or civil remedies with respect to the conduct mal enterprise organizations, but also ‘‘(c) RESTITUTION.—An order of restitution prohibited by this action, or to preempt those who do business with them. S. under section 3663 or 3663A of this title with State or local laws that may provide such 3880 would make it a Federal crime to respect to a violation of this section may penalties or remedies.’’. intentionally damage the property of a also include restitution— (b) CLERICAL AMENDMENT.—The item relat- ‘‘(1) for the reasonable cost of repeating ing to section 43 in the table of sections at person or entity having a connection any experimentation that was interrupted or the beginning of chapter 3 of title 18, United to, relationship with, or transactions invalidated as a result of the offense; States Code, is amended to read as follows: with an animal enterprise. The bill

VerDate Sep 11 2014 14:37 May 19, 2017 Jkt 049102 PO 00000 Frm 00011 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BR13NO06.DAT BR13NO06 ejoyner on DSK30MW082PROD with BOUND RECORD 21834 CONGRESSIONAL RECORD—HOUSE, Vol. 152, Pt. 17 November 13, 2006 would also make it a criminal act to saulted, and had their homes, busi- other laws they may be breaking. But intentionally place a person or family nesses or cars vandalized. Since the they should not be held more account- member in reasonable fear of death or Animal Enterprise Terrorism law was able for business losses due to causes serious bodily injury because of their enacted in 1992, there have been some such as delivery trucks being delayed relationship with an animal enterprise. 1,100 complaints of such incidents, with any more than a boycott or protest Additionally, the legislation expands property losses reported of being more against any other business. the definition of economic damage to than $120 million. Those complaining To violate the provision of the bill, include loss of property, the costs in- include farmers, scientists, biomedical one must travel or otherwise engage in curred because of a lost experiment or and biotechnology industries, research interstate activity with the intent to lost profits. It also includes a defini- universities, teaching hospitals, finan- cause damage or loss to an animal en- tion of the term ‘‘economic disruption’’ cial institutions, magazines, news- terprise. While the losses of profits, lab to mean losses or increased costs re- papers and other advertising groups experiments or other intangible losses sulting from threats, acts of violence, and others who are viewed as assisting are included, it must be proved that property damage, trespass, harass- or enabling targeted animal enter- such losses were specifically intended ment, or intimidation against a person prises. for the law to be applied. If there is no or entity because of their relationship The evidence is that in many in- damage or economic loss, or damage or with an animal enterprise. This does stances extremist elements among the loss is less than $10,000, the offense is a not include a lawful boycott. animal rights groups are taking advan- misdemeanor, not a felony. Finally, an amendment to S. 3880 in- tage of the fact that the animal enter- This bill does not satisfy everyone, corporated during floor consideration prise laws do not cover affiliates and but it does represent a reasonable com- in the other body addresses concerns associates by using threats, harass- promise in protecting employees and that were raised about the bill’s poten- ment, intimidation and fear and other associates of animal enterprises while tial impact on lawful protests. S. 3880 extreme tactics to pressure them into avoiding violation of first amendment clarifies that nothing in this bill shall severing their activities with such en- freedoms. be construed to prohibit any expressive terprises. Mr. Speaker, I reserve the balance of conduct protected by the first amend- S. 3880 is designed to cover these gaps my time. Mr. SENSENBRENNER. Mr. Speak- ment, nor shall it criminalize non- or loopholes by providing to employees, er, I yield 6 minutes to my colleague violent activities designed to change businesses and associates of animal en- from Wisconsin (Mr. PETRI). public policy or private conduct. terprises similar protections to those Mr. PETRI. Mr. Speaker, I would like Before closing, I would like to recog- already covered. In other words, the to express my support for the bill be- nize the efforts of my colleague from bill prevents a person from doing indi- fore us, the Animal Enterprise Ter- Wisconsin, Mr. PETRI, who introduced a rectly to an animal enterprise what rorism Act, which is the Senate version similar measure in this body and has they are prohibited to do directly. of legislation I introduced earlier this helped raise awareness of this impor- Now, citizens engaging in legitimate Congress. The bipartisan legislation tant issue. I believe this bill can help animal enterprise activities and any- that passed the Senate by unanimous protect law-abiding citizens who are one associated with them are entitled consent amends the existing animal en- engaged in lawful activities such as re- to be protected from criminal acts and terprise terrorism statute which has search, farming sales, or manufac- to be able to go about their daily ac- been law since 1992. It extends existing turing that involves animals or animal tivities free from threats to their per- protections for animal enterprises to products. son or property and that of their fam- individuals, businesses and agencies in- I urge my colleagues to support S. ily and associates. State laws are gen- cluding farmers, scientists, biomedical 3880, so we may send this important erally good at providing those protec- and biotechnical industries, research legislation to the President for his sig- tions. However, the interstate nature universities, teaching hospitals, finan- nature. of the planning and execution of the cial institutions and others who have Mr. Speaker, I reserve the balance of criminal harassment tactics used by associations with animal enterprise. my time. some individuals or groups skilled at This legislation is in response to ris- Mr. SCOTT of Virginia. Mr. Speaker, exploiting gaps or weaknesses in the ing incidents of violence and threats I yield myself such time as I may con- laws have made it difficult for States against these entities as a way to ad- sume. to get at problems effectively. That is versely impact animal enterprises Mr. Speaker, S. 3880 is a companion why this bill is deemed necessary. without directly violating the existing bill to H.R. 4239, the Animal Enterprise While we must protect those engaged Animal Enterprise Terrorism Act. The Terrorism Act. It reflects a com- in animal enterprises, we must also bill before us clarifies that it is a crime promise bill arrived at after consider- protect the right of those engaged in to damage or interfere with animal en- able effort of a bipartisan group involv- first amendment freedoms of expres- terprise and expands parameters in ex- ing both House and Senate Judiciary sion regarding such enterprises. It goes isting law to cover threats, harassment Committee staff over several months. without saying that first amendment and other illegal activities against From hearings in the House and from freedoms of expression cannot be de- those who are connected with such en- other reports, we have learned that feated by statute. However, to reassure terprises, not just the enterprises current Federal law designed to protect anyone concerned with the intent of themselves. The law increases criminal animal enterprises have been proven to this legislation, we have added in the penalties based on the level of violence be reasonably effective in protecting bill assurances that it is not intended or property loss, while specifically ex- animal enterprises. However, serious as a restraint on freedoms of expres- empting from its coverage all first gaps and loopholes have been identified sion such as lawful boycotting, pick- amendment protected activities. in current law with respect to pro- eting or otherwise engaging in lawful Between January of 1990 and June of tecting employees and associates of advocacy for animals. 2004, extremist movements such as the animal enterprises. Present law pro- In addition, we also wanted to recog- Animal Liberation Front, Stop Hun- tects employees of an animal enter- nize that there are some who conscien- tington Animal Cruelty, and the Envi- prise, but we have found that employ- tiously believe that it is their duty to ronmental Liberation Front com- ees, board members and family mem- peacefully protest the operation of ani- mitted more than 1,100 acts of ter- bers of businesses and nonprofits affili- mal enterprises to the extent of engag- rorism, causing more than $120 million ated with or doing business with such ing in civil disobedience. If a group’s in damage. Animal rights extremists enterprises are complaining that they intention were to stage a sit-in or lie- advance their cause through direct ac- are now being stalked, harassed, in- down or to block traffic to a targeted tion, which includes death threats, timidated or threatened, with some in- facility, they certainly run the risk of vandalism, animal releases and bomb- dividuals even being physically as- arrest for whatever traffic, trespass or ings. Their actions are calculated to

VerDate Sep 11 2014 14:37 May 19, 2017 Jkt 049102 PO 00000 Frm 00012 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BR13NO06.DAT BR13NO06 ejoyner on DSK30MW082PROD with BOUND RECORD November 13, 2006 CONGRESSIONAL RECORD—HOUSE, Vol. 152, Pt. 17 21835 aggressively intimidate and harass some of the violent and threatening violent animal activists who diminish free those identified as targets. acts made against editors of their mag- speech and free press by threatening and at- The FBI considers these extremist azines, such as Vogue, because of the tacking editors, publications, and tele- groups among its most serious domes- fashion industry’s use of fur or animal casters. We strongly believe that enactment of S. tic threats. Current Federal law includ- products that would be covered under 3880 will serve to deter many persons from ing the Animal Enterprise Protection this legislation. engaging in these and worse violent and act is inadequate to address the threats ADVANCE PUBLICATIONS, INC., threatening acts in the future. In addition, and violence committed by animal Staten Island, NY, November 13, 2006. the new law will give prosecutors a powerful rights extremists. Re Animal Enterprise Terrorism Act S. 3880 new tool to go after those who continue to In my own State of Wisconsin, mink Hon. THOMAS E. PETRI, commit these acts. farmers and biomedical researchers Rayburn House Office Building, Please let me know if we can provide any have experienced their own share of in- Washington, DC. further information that would be helpful to DEAR CONGRESSMAN PETRI: I write to sup- you. timidation, harassment and vandalism Very truly yours, at the hands of animal rights extrem- port the passage of the Animal Enterprise Terrorism Act, S. 3880. Advance Publications S.I. NEWHOUSE, Jr., ists. Farmers have had their properties is engaged throughout the United States in Chairman. raided, causing thousands of dollars of the publication of newspapers, business jour- damage. nals, and consumer magazines and websites ADVANCE PUBLICATIONS INC.—REPRESENTATIVE Scientists around the State have re- on a variety of topics. Advance Publications NEWSPAPERS AND MAGAZINES (PUBLISHED BY ceived, in the mail or at their home, is also affiliated with Bright House Net- SUBSIDIARIES AND AFFILIATES) razor blades with letters stating that works, an operator of cable television sys- I. Daily Newspapers they were laced with the AIDS virus. tems in numerous states. For your informa- Alabama: The Birmingham News, The Personal information such as home ad- tion, a representative listing of Advance’s Huntsville Times, Mobile Register. publications and of the locations of Bright Louisiana: The Times-Picayune. (New Or- dresses, phone numbers, and photo- House Networks’ cable systems is attached. graphs of researchers have been posted leans). Our interest in this bill arises from the un- Massachusetts: The Union News/Sunday on extremist Web sites. Many of these fortunate fact that at least one of our publi- Republican (Springfield). same scientists report death threats cations, Vogue magazine, and its editor, Michigan: The Ann Arbor News, The Bay and home visits by animal rights ex- Anna Wintour, have been repeatedly tar- City Times, The Flint Journal, The Grand tremists who, through their terrorism, geted by animal activists who disagree with Rapids Press, Jackson Citizen Patriot, Kala- have a goal of driving the scientists Vogue magazine’s decision to publish edi- mazoo Gazette, The Muskegon Chronicle, torial content about, and carry advertising out of their research, research which The Saginaw News. for, fur and other animal products, and its Mississippi: Mississippi Press (Pascagoula). has and will continue to improve support for fashion designers who may use human health and quality of life. New Jersey: Bridgeton News, The Jersey fur. These opponents are, of course, entitled Journal (Jersey City), The Star Ledger (New- b 1500 to express their views, but their opposition ark), Today’s Sunbeam (Salem), The Times often takes the form of physical attacks on The House Judiciary Subcommittee of Trenton, Gloucester County Times, Ms. Wintour and her home, threats and ef- (Woodbury). on Crime, Terrorism, and Homeland forts to harm her, stalking her on the streets New York: Staten Island Advance, The Security held a hearing on the act in and at industry events, and even at a memo- Post-Standard (Syracuse). May of this year. At the hearing, a pri- rial service for her deceased father, and at Ohio: Plain Dealer (Cleveland). mate researcher from the University of least one actual physical invasion of Vogue’s Oregon: The Oregonian (Portland). Wisconsin, Madison, testified about the offices (which put numerous persons in fear, Pennsylvania: The Express-Times (Easton), behind locked doors), as well as other at- The Patroit-News (Harrisburg). harassment and intimidation which she tempts to do so. has experienced. While fortunately Ms. Wintour has not yet II. Consumer Magazines She has even considered leaving the sustained any serious lasting injuries, she The Conde´ Nast Publications: Allure, Ar- Parkinson’s research field and fears has suffered physical pain from those at- chitectural Digest, Bon Appe´tit, Bride’s, others may do so in the current envi- tacks (for example, from a ‘‘flour bomb’’ Conde´ Nast Traveler, Details, Domino, Ele- ronment. This statement has proven to thrown in her eyes, the effects of which hurt gant Bride, Glamour, Golf Digest, Golf for be true. Just this past August, a re- and hampered her for days) and has often Women, Gourmet, GQ, House & Garden, Jane, Lucky, Modern Bride, Self, Teen searcher at UCLA halted his primate with good cause been concerned for her safe- ty and the safety of her family. Indeed, when Vogue, The New Yorker, Vanity Fair, Vogue, research because of the repeated har- Ms. Wintour is appearing in public as part of W, Wired. assments by animal rights extremists. her job (for example, at fashion shows or Parade Publications: Parade. The bill will provide Federal authori- fashion industry events), we now feel we III. Cable Systems ties with the necessary tools to help must provide guards, sometimes armed, to Bright House Networks: Bakersfield, CA; prevent and better investigate and protect her. On a number of occasions we are Birmingham, AL; Central Florida; Detroit prosecute ecoterror cases. convinced, had it not been for the presence of Suburbs, MI; Indianapolis, IN; Tampa Bay, This legislation is widely supported these unusual safeguards, Ms. Wintour could FL. by those in agriculture, biomedical and have been injured by the efforts to make physical attacks on her. We are of course IV. Business Journals biotechnology industries, as well as concerned that these extreme activists will American City Business Journals Inc. many research universities, teaching step up the severity of their attacks because Group: hospitals and other research institutes. their efforts have so far been unsuccessful at Alabama: Birmingham Business Journal. Enactment of this legislation will en- silencing Vogue. Arizona: The Business Journal Phoenix. hance the ability of law enforcement We understand that among the arguments California: East Bay Business Times (Oak- and the Justice Department to protect made in opposition to the AETA are alleged land), Sacramento Business Journal, San law-abiding American citizens from vi- concerns that it may infringe on First Francisco Business Times, Silicon Valley/ Amendment rights. Our business is wholly San Jose Business Journal. olence and the threat of violence posed dependent upon respect for First Amendment Colorado: Denver Business Journal. by animal rights extremists. rights, and we are second to none in our de- District of Columbia: Washington Business I would like to take this opportunity fense of such rights. We have closely exam- Journal. to thank my colleague, Chairman SEN- ined the AETA with this in mind, and we do Florida: The Business Journal Serving SENBRENNER, Subcommittee Chairman not agree that the AETA, especially with the Jacksonville and Northeast Florida, South COBLE, Ranking Member CONYERS, Sub- ‘‘rules of construction’’ that were added to Florida Business Journal (Miami), Orlando committee Ranking Member ROBERT it, in any way would inhibit or punish free Business Journal, The Business Journal speech or other First Amendment rights. Tampa Bay. SCOTT, Senator INHOFE and Senator If anything, the opposite is the case. The Georgia: Atlanta Business Chronicle. FEINSTEIN for their support in moving real chilling effect on First Amendment Hawaii: Pacific Business News (Honolulu). this bill forward. rights comes about when editors and others Kansas: The Business Journal Serving Met- Mr. Speaker, I also have a letter from are put in fear of physical, violent attack be- ropolitan Kansas City, Wichita Business Advance Publications that details cause of what they publish or say. It is the Journal.

VerDate Sep 11 2014 14:37 May 19, 2017 Jkt 049102 PO 00000 Frm 00013 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BR13NO06.DAT BR13NO06 ejoyner on DSK30MW082PROD with BOUND RECORD 21836 CONGRESSIONAL RECORD—HOUSE, Vol. 152, Pt. 17 November 13, 2006 Kentucky: Business First: Greater Louis- ganizations, and the bill will make it a The SPEAKER pro tempore. The gen- ville’s Definitive Source of Local Business. specific crime to intentionally damage tleman from Wisconsin has 11 minutes. Massachusetts: Boston Business Journal. the property of a person or entity hav- Mr. SENSENBRENNER. Mr. Speak- Maryland: Baltimore Business Journal. Minnesota: City Business: The Business ing the connection to or relationship er, I yield myself such time as I may Journal (Minneapolis/St. Paul). with or transactions with an animal consume. Missouri: St. Louis Business Journal. enterprise. That is not in the current Mr. Speaker, I am afraid that my dis- New Mexico: New Mexico Business Weekly law now. tinguished colleague from Ohio hasn’t (Albuquerque). Mr. KUCINICH. Reclaiming my time, read the bill, so I will read it for him. New York: The Business Review Serving and I thank the gentleman for pointing At the end of page 7 in the Senate- New York’s Capital Region (Albany), Busi- that out. However, I must say that the passed bill, there is a subsection (e) ness First: Western New York’s Business reach of the Federal law includes any called ‘‘rules of construction,’’ which Newspaper (Buffalo). place which does Federal research, and North Carolina: The Business Journal says, in part: nothing in this section Serving Charlotte and the Metropolitan all these universities are involved in shall be construed, one, to prohibit any Area, The Business Journal Serving the research projects as universities who expressive conduct, including peaceful Greater Triad Area (Greensboro Winston- are supporting this bill. picketing or other peaceful demonstra- Salem), The Business Journal Serving The I cannot see why we need to have a tion, protected from legal prohibition Triangle’s Business Communities (Raleigh). specific law with this regard. I mean, by the first amendment to the Con- Ohio: Business Courier Serving the Cin- just as we need to protect peoples’ stitution. cinnati-Northern Kentucky Region, Colum- right to conduct their work without bus Business First (Columbia), Dayton Busi- Two, to create new remedies for in- fear of assault, so too this Congress has terference with activities protected by ness Journal. yet to address some fundamental eth- Oregon: Business Journal Portland. the free speech or free exercise clause Pennsylvania: Philadelphia Business Jour- ical principles with respect to animals. of the first amendment to the Con- nal, Pittsburgh Business Times. How should animals be treated hu- stitution regardless of the point of Tennessee: Memphis Business Journal, manely? This is a debate that hasn’t view expressed or to limit any existing Nashville Business Journal. come here. legal remedies for such interference. Texas: Austin Business Journal, Dallas There are some specific principles That means that if somebody wishes Business Journal, Houston Business Journal, with respect to humane treatment of San Antonio Business Journal. to peacefully protest research on ani- animals. My concern about this bill is mals, they can do so, as the statute, Washington: Puget Sound Business Jour- that it could have a chilling effect on nal (Seattle). with the amendment that was adopted Wisconsin: The Business Journal Serving people who, the law says, well, their on the floor in the other body, specifi- Milwaukee. first amendment rights are protected. cally prohibits a prosecution for that. But the law also is written in such a Mr. SCOTT of Virginia. Mr. Speaker, Now, let’s look at what the people way as to have a chilling effect on the I yield 4 minutes to the gentleman this bill has been designed to go after exercise of the constitutional rights of from Ohio (Mr. KUCINICH). have been saying: protest, and so for that reason, I can’t Mr. KUCINICH. Would the distin- ‘‘I don’t think you would have to kill support this. I think that it would be guished gentleman from Wisconsin too many researchers. I think that for important for this Congress to look at yield for a question? 5 lives, 10 lives, 15 human lives, we the claims of people who are sincere Mr. SENSENBRENNER. Certainly. could save 1 million, 2 million or 10 advocates of animal rights. ENSENBRENNER million nonhuman lives.’’ Animal Lib- Mr. KUCINICH. Mr. S , I am not talking about people who as I am reading through this act and would threaten anyone with death be- eration Press Officer Jerry Vlasak at looking at the types of injuries that cause they don’t agree with them, but the 2003 National Animal Rights Con- would occur to people, it occurs to me there are individuals who love animals, ference in Los Angeles. that there are existing Federal stat- who don’t want to see animals hurt, Second: ‘‘Arson property destruction, utes which come into play with respect who have a point and a right to speak burglary and theft are ‘acceptable to inflicting bodily harm on individ- out. I think for that reason, this bill crimes’ when used for the animal uals. Why are we creating a specific has not yet reached its maturity. cause.’’ That quote was from Alex classification here? I think I understand what the spon- Pacheco, who is the director of PETA. Mr. SENSENBRENNER. Would the sors of this bill are trying to do, but I Third: ‘‘I wish we all would get up gentleman yield? don’t think that the end that it is and go into the labs and take the ani- Mr. KUCINICH. Please. going to, you are hoping to achieve, mals out or burn them down.’’ That is Mr. SENSENBRENNER. The reason that you are going to reach, because Ingrid Newkirk, president of PETA at the bill is before us is that the current unless this Congress makes a clear the National Animal Rights Conven- statute is drafted too narrowly and statement about ethical principles tion ‘97, June 27, 1997. does not deal with threats by animal with respect to animals, and how we ‘‘Get arrested. Destroy the property rights extremists in inflicting bodily treat animals, how are animals treated of those who torture animals. Liberate harm, for example, against the pub- in research, these are really serious those animals interned in the hellholes lisher of Vogue magazine, because they questions that millions and millions of our society tolerates.’’ That is Jerry put ads in depicting people wearing Americans care about. Vlasak of the Animal Defense League furs. So I understand the intent here. But again on an Internet post of June 21, Mr. KUCINICH. Well, reclaiming my I just think that you have got to be 1996. time, I certainly stand with every very careful about painting everyone ‘‘We have found that civil disobe- Member of this House in defense of the with the broad brush of terrorism who dience and direct action has been pow- rights of individuals to be free of bodily might have a legitimate objection to a erful in generating massive attention harm or injury under all and any cir- type of research or treatment of ani- in our communities . . . and has been cumstances. I think it would be a little mals that is not humane. So, again, I very effective in traumatizing our tar- bit easier for some of us to support this wanted to express this note of caution gets.’’ J.P. Goodwin, Committee to legislation. about this legislation, but notwith- Abolish the Fur Trade at the National Mr. SENSENBRENNER. Well, will standing that there are specific state- Animal Rights Convention in Los An- the gentleman yield? ments about protection of the first geles June 27, 1997. Mr. KUCINICH. I certainly will yield. amendment. This bill is written in such Or: ‘‘In a war you have to take up Mr. SENSENBRENNER. The reason a way as to have a chilling effect on arms, and people will get killed, and I the bill is before us is that the current the exercise of peoples’ first amend- can support that kind of action by pet- statute does not extend the reach of ment rights. rol bombing and bombs under cars, and the Federal criminal law to those who Mr. SENSENBRENNER. Mr. Speak- probably at a later stage, the shooting do business with animal enterprise or- er, how much time do I have left? of vivisectors on their doorsteps. It is a

VerDate Sep 11 2014 14:37 May 19, 2017 Jkt 049102 PO 00000 Frm 00014 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BR13NO06.DAT BR13NO06 ejoyner on DSK30MW082PROD with BOUND RECORD November 13, 2006 CONGRESSIONAL RECORD—HOUSE, Vol. 152, Pt. 17 21837 war, and there is no other way you can makes section 3, under rules of con- ACLU. All I need to do is go back to stop vivisectors.’’ Tim Daley, British struction, totally contradictory. This the quotes that I cited a couple of min- Animal Liberation Front leader. says there aren’t any exclusive pen- utes ago to show why this bill is vitally Finally, another one from Jerry alties, but the whole of the bill main- necessary. Vlasak: ‘‘If they won’t stop when you tains and establishes exclusive pen- I urge a ‘‘yes’’ vote on the bill. ask them nicely, they don’t stop when alties. So this is why bringing up a bill Mr. ISRAEL. Mr. Speaker, I rise today to ex- you demonstrate to them what they like this under suspension, no matter press my concerns with S. 3880, The Animal are doing is wrong, then they should be how well intentioned it may be, is Enterprise Terrorism Act. stopped using whatever means are nec- problematic. I believe that individuals and groups cannot essary.’’ This bill has an inherent flaw that I resort to intimidation, vandalism or violence in This bill is designed to criminalize am pointing out. In addition, when the advancement of a cause. Protests must be whatever means are necessary outside that flaw is held up against the con- lawful and disagreements respected. But, this the Constitution. stitutional mandate to protect freedom bill, as drafted, could criminalize lawful and Mr. KUCINICH. Would the gentleman of speech, what we have done here is we constitutionally protected activists. yield? have crippled free expression. This bill criminalizes conduct that ‘‘inten- Mr. SENSENBRENNER. I am happy I am not and never have been in favor tionally damages or causes the loss of any to yield. of anyone using a cloak of free speech real or personal property,’’ however, the bill Mr. KUCINICH. I thank the gen- to commit violence. The Supreme fails to define what ‘‘real or personal property’’ tleman. To calm the gentleman’s con- Court Justice said, your right to swing means. As a result, legitimate advocacy—such cerns, I have read the bill, and I under- your fist ends at the tip of my nose. No as a boycott, protest, or mail campaign—that lined the sections that I expressed con- one has the right to yell ‘‘fire’’ in a causes an animal enterprise to merely lose cern about. I am concerned about, as crowded theater. We have heard those profits could be criminalized under S. 3880. you are, anyone who wants to commit kinds of admonitions. It also fails to adequately define the term violence against anyone. Remember, I On the other hand, the chairman’s ‘‘animal enterprise.’’ Nothing in the current def- am the author of the bill to create a recitation of the statements of animal inition requires that an enterprise be lawful. Department of Peace and Nonviolence. rights activists, statements that I, my- Therefore, investigations into unlawful animal I share your concern about violence. I self, would disagree with, those state- enterprises, such as animal fighting organiza- am suggesting that carving out a spe- ments, in and of themselves, are con- tions or illegal puppy mills, could be deterred cial section of law here has a chilling stitutionally protected speech. as employees, citizens, and legitimate animal effect. b 1515 activists may be afraid to cooperate or provide Mr. SENSENBRENNER. Reclaiming information to law enforcement agencies for my time, again, I will reread page 7, Yet under this bill they suddenly find fear of prosecution under the terms of this bill. lines 10 through 21 of the bill that was themselves shifting into an area of I am a strong supporter of research, but I passed by the other body that says doubt, which goes back to my initial also believe that animal rights need to be vigi- nothing in this section shall be con- claim that this bill was written to have lantly enforced. In order to achieve that goal, strued to prohibit any expressive con- a chilling effect upon a specific type of I have been working with the Humane Society duct, including peaceful picketing or protest. on amendments to the Animal Rights Act, other peaceful demonstration pro- Again, I am not for anyone abusing which is the law that governs the humane tected from legal prohibition by the their rights by damaging another per- care, handling, treatment and transportation of first amendment to the Constitution. son’s property or person, but I am for animals in laboratories and dealers who sell Two, to create new remedies for in- protecting the first amendment and animals to laboratories and animal exhibitors. terference with activities protected by not creating a special class of viola- My bill would provide two keys changes to this the free speech or free exercise clause tions for a specific type of protest. law. First, it doubles the fine for violations of the first amendment to the Con- Mr. SCOTT of Virginia. Mr. Speaker, (from $5,000 to $10,000) and increases the stitution, regardless of the point of I yield back the balance of my time. number of annual inspections at laboratories. view expressed or to limit any existing Mr. SENSENBRENNER. Mr. Speak- I will be introducing this measure when the legal remedies for such interference, er, I yield myself the balance of my House comes back for the 110th Congress, unquote. time. and I hope that all of my colleagues will join Now, what this section says is that I would just like to sum up that on me in providing these additional animal protec- nothing in the bill, absolutely nothing October 30 the American Civil Lib- tions. in the bill shall be construed to restrict erties Union sent a letter to the gen- Mr. Speaker, I yield back the balance what I have just read. This bill should tleman from Michigan (Mr. CONYERS), of my time. pass. We should reject the red herrings my ranking member, and myself, not The SPEAKER pro tempore. The that we are hearing from the gen- opposing this legislation. They did ask question is on the motion offered by tleman from Ohio and other opponents. for minor changes, but they did not ex- the gentleman from Wisconsin (Mr. Mr. Speaker, I reserve the balance of press one concern about constitu- SENSENBRENNER) that the House sus- my time. tionally protected first amendment pend the rules and pass the Senate bill, Mr. SCOTT of Virginia. Mr. Speaker, rights being infringed upon or jeopard- S. 3880. I yield 3 minutes to the gentleman ized in any way by this bill. The question was taken; and (two- from Ohio (Mr. KUCINICH). Now, if there ever was an organiza- thirds of those voting having responded Mr. KUCINICH. Again, I applaud the tion that really goes all the way on one in the affirmative) the rules were sus- gentleman from Wisconsin for his com- side in interpreting the first amend- pended and the Senate bill was passed. mitment to protecting people from ment as liberally as it can, it is the A motion to reconsider was laid on harm. I would like to read the next American Civil Liberties Union. My the table. paragraph that he didn’t get to, be- friend from Ohio, whom I have a great f cause it raises a question about why respect for, is even outside the defini- this bill is necessary: nothing in this tion of the first amendment that the EXTENDING PERMANENT NORMAL section shall be construed, number 3, ACLU has eloquently advanced in the TRADE RELATIONS TO VIETNAM to provide exclusive criminal penalties halls of this Capitol for decades and Mr. THOMAS. Mr. Speaker, I move to or civil remedies with respect to the will do so for decades to come. suspend the rules and pass the bill conduct prohibited by this action. This is a good bill. I think that all of (H.R. 5602) to authorize the extension So what is this all about? This bill, the fears that the gentleman from Ohio of nondiscriminatory treatment (nor- in effect, does provide exclusive crimi- has placed on the record are ill-founded mal trade relations treatment) to the nal penalties for a certain type of con- by practically everybody who has products of Vietnam, as amended. duct, and yet the drafting of this bill looked through this bill, including the The Clerk read as follows:

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