109th Congress

Animal Enterprise Terrorism Act

P.L. 109-374 (S. 3880)

Impact of Public Law

In recent years, small groups of animal rights extremists have grown more violent, expanding their targets beyond animal facilities to include individual facility employees as well as employees’ homes and families. Businesses that are only marginally associated with animal facilities have also been targeted. P.L. 109-374 provides the U.S. Department of Justice with the necessary authority to apprehend, prosecute, and convict individuals committing acts of animal enterprise terrorism.

The intended targets of P.L. 109-374 are a subset of animal rights activists and environmental activists, sometimes called ecoterrorists, who engage in acts of force, violence, and threats involving animal enterprises. The law penalizes damage to or interference with animal enterprises or conspiring or attempting to damage or interfere with an animal enterprise. (The law does not prohibit any expressive conduct, such as peaceful picketing or other peaceful demonstrations, protected by the First Amendment to the U.S. Constitution.) P.L. 109-374 also provides protections against threats of death or serious bodily injury made to biomedical researchers and others (and their family members, spouse, or intimate partner) who are involved with animal enterprises. In addition, the law expands monetary and criminal penalties for such crimes and requires restitution for certain economic losses.

Legislative History

S. 3880, the Animal Enterprise Terrorism Act, was introduced by Senator James M. Inhofe (R-OK) on September 8, 2006, and was referred to the Senate Committee on the Judiciary. On September 30, the bill was passed by the Senate Judiciary Committee by unanimous consent. On November 13, the bill was passed by the House by a voice vote. The President signed the bill into law as P.L. 109-374 on November 27.