280 • Alternatives to Animal Use in Research, Testing, and Education 
substantially affect the free flow of commerce, 
making regulation necessary to relieve those 
burdens; 
• reordered the statement of policy to reflect 
Congress’ desire to: "D insure that animals in- 
tended for use in research facilities or for exhi- 
bition purposes or for use as pets are provided 
humane care and treatment; 2) to assure the 
humane treatment of animals during trans- 
portation in commerce; and 3) to protect the 
owners of animals from the theft of their ani- 
mals by preventing the sale or use of animals 
which have been stolen”— in that order; 
• simplified the definition of "commerce” by 
eliminating the definition of "affecting com- 
merce/' and substituting a definition of "State” 
(the conference committee resisted an attempt 
to narrow the definition of "commerce” by 
adopting a provision from the Senate-passed 
bill that would have done so with an amend- 
ment that retained the act's inclusion of com- 
merce between intrastate points but through 
a place outside the State); 
• extended required "dealer” licensure by re- 
defining "dealer” to include persons who ne- 
gotiate the purchase or sale of protected ani- 
mals for profit; 
• broadened the definition of animal to correct 
a then -existing interpretation that hunting, 
security, and breeder dogs did not fall within 
the act’s protection; 
• required carriers and intermediate handlers 
of animals, not otherwise required to be li- 
censed, to register with the Secretary; 
• extended the agency relationship , recordkeep - 
ing, and other existing regulatory require- 
ments to carriers and intermediate handlers; 
• increased the Secretary's options for enforce- 
ment and collections by revising the section 
on penalties and appeals and by increasing 
the daily civil penalty for violation of cease 
and desist orders from $500 to $1,000 for all 
classes of regulated parties; 
• extended to Federal research facilities the ex- 
isting requirement to demonstrate at least an- 
nually that professionally acceptable stand- 
ards governing the care, treatment, and use 
of animals are being followed; and 
• required the Secretary to consult and coop- 
erate with other Federal departments, agen- 
cies, or instrumentalities concerned with the 
welfare of research animals, where transpor- 
tation or handling in commerce occurs. 
USD A estimated that the enlarged responsibili- 
ties for establishment and enforcement of humane 
transportation standards and certification prac- 
tices and the oversight of compliance by carriers 
and intermediate handlers would increase its an- 
nual operating costs by $565,000 in fiscal year 1977 
and $385,000 per year thereafter. (The decline in 
required outlays in future years was attributed 
to a reduced need for training and orientation.) 
The Congressional Budget Office (CBO) estimated 
a total startup cost in fiscal year 19 77 of $968,000— 
some $570,000 for transport standards and certifi- 
cation enforcement and $398,000 for investigation 
of animal fighting ventures. That estimate pro- 
jected a gradual increase in each segment of new 
enforcement outlays for 5 years, with total costs 
for these new responsibilities rising to $1,304,000 
by fiscal year 1981. CBO questioned USDA’s esti- 
mates of declining costs, pointing out that USD A 
had factored in neither anticipated higher salary 
costs in the future nor the total anticipated cost 
of enforcing the new Federal ban on animal fight- 
ing. Neither agency projected any offsetting in- 
crease in miscellaneous receipts, since newly cov- 
ered carriers and intermediate handlers would not 
be required to become licensed . Reflecting uncer- 
tainty about the total costs of the new effort to 
regulate animal transport, House and Senate con- 
ferees agreed to remove the House -passed funding 
ceiling of $600,000 per year, though the annual 
ceiling for enforcing animal-fighting prohibitions 
was fixed at $400,000 (36). 
1985 Amendments 
With the enactment of the Food Security Act of 
1985 (Public Law 99-198), Congress amended .the 
Animal Welfare Act for the third time . The amend- 
ments, effective December 1986, strengthen stand- 
ards for laboratory -animal care, increase enforce- 
ment of the Animal Welfare Act, provide for the 
dissemination of information to reduce unintended 
duplication of animal experiments, and mandate 
training for personnel who handle animals. For 
the first time, the Department of Health and Hu- 
man Services is brought into the enforcement of 
the Animal Welfare Act, as the Secretary of Agri- 
