Animal Welfare Information Center newsletter

18 Pages·1992·1.7 MB·English

by  Animal Welfare Information Center (U.S.)

Document
Historic, Archive
Do assume
not content reflects current
scientific knowledge, policies, or practices.
I
I
1
S.544
Legislation Update
• H.R. 4619 To rescind hy
certain budget SenatorHowellHeflin
The authoris the senior U.S. SenatorfromAlabama
authority proposed to
be rescinded (R92-36) T^he Animal Research unauthorized use of re-
in a special message
Facility Protection Act, search animals, equipment,
transmitted to the Con- S. 544, is designed to deter or data, or have the intent to
gress by the President crimes committed against do so. A person found guil-
on March 20, 1992, in the research institutions of ty would be fined not more
accordance with sec- this country. The fact that than $5,000 or imprisoned
tion 1012 of the Im- the United States is the for not more than 1 year, or
poundment Control
preeminent leader in con- both, for each separate viola-
Act of 1974. tributing life-saving cures tion. Penalties would be
and life-improving treat- greater if the act were will-
Introduced March 26, ment for the diseases which ful and malicious, caused
1992, by Harris Fawell plague the world should be harm to a person or proper-
(R-IL) and referred to a source of pride for our ty, or placed the life of any
the Committee on Ap- citizens. Most of us are person injeopardy.
propriations. Budget
grateful that research has
authority is rescinded in eradicated poKo and other Unfortunately, there are
accordance with section childhood diseases, stroke, some people so opposed to
1012 of the Impound- diabetes, and countless the use of animals in this es-
ment Control Act of 1974 We
other illnesses. are sential research that they
(2 U.S.C. 683). The grateful, too, that scientists are setting fire to research
amount of rescission is continue to seek solutions to facilities or breaking into
$250,000. These funds the maladies which still laboratories to steal animals
were originally allocated beset us, like Alzheimer's and destroy equipment,
for facilities used to care disease, AIDS, cancer, men- records, and research data.
for and house animals tal illness, and spinal cord There are dozens of recent
and head injuries. examples. The week before
(cont'dp. 9)
I introduced this bill in the
ALSO IN THIS ISSUE. S. 544 would make it a last Congress, two separate
Federal offense under the buildings at the University
Break-ins...p.2 Animal Welfare Act for an of Arizona were set ablaze
Research Protection..,p.3 individual to enter or and destroyed. Ironically,
Air Transport Regs...p.lO
remain without authoriza- one arson target was a
Announcements...p.1
Upcoming Meetings...p.15 tion in a research facihty veterinary diagnostic
NewPublications...p.16 and steal, destroy, or make (cont'dp. 7)
MD
National Agricultural Library, AWIC, Room 205, Beltsville, 20705 Phone [phone] Fax [phone]
HaliaHlJlgrknttnnlLIbnuT
Congress Considers Break-in
Bills
by
John Melcher
A Ithough local laws forbid breaking into If the House does eventually act favorably on
buildings, Congress has been considering the Stenholm bill, it would necessitate a con-
legislation to make it a Federal offense to ference committee between the House and
break into a laboratory conducting medical re- Senate to reconcile the differences between the
search. Stenholm bill and the Heflin bill already passed
by the Senate.
In the past, several laboratory break-ins al-
legedly occurred at the instigation of animal There are other bills in Congress similar to
rights organizations. Two bills are under con- these, but the action between the House and
sideration which would make laboratory break- Senate is likely to center on these two bills. If
A
ins a Federal crime. bill sponsored by the House Judiciary Committee amends the
Senator Howell Heflin (D-Alabama) has Stenholm bill to include protection for a
passed the Senate while a separate bill spon- "whistle blower," it would permit an employee
sored by Congressman Charles Stenholm (D- of a laboratory to go over the head ofhis or her
Texas) recently passed the House Agriculture superiors to document improper treatment of
Committee. The Stenholm bill extends laboratory animals and the employee would be
Federal protection to farms and agricultural protected from firing, harassment, or retribu-
animal facilities as well. tion.
Animal welfare groups generally oppose the In order to substantiate a claim, "whistle
legislation as unnecessary and threatening to blowers" often copy documents. Similar
laboratory employees. In order to make it ac- Federal legislation allows employees to use
ceptable, they firmly believe the bill should such copied material to support their com-
protect and encourage "whistle blowers" who plaints against superiors.
report impropriety concerning laboratory
animals used in research and testing. The There is no general Federal law protecting
American Civil Liberties Union (ACLU) "whistle blowers," and with these bills there
agrees with this assessment, asserting that both has been considerable debate over that kind of
ACLU
bills would interfere with an individual protection. The and animal welfare
worker's right to report substandard animal groups contend that the provisions are not ade-
care as determined by law. The ACLU also quate in either bill. The Humane Society of
concluded that these bills would prohibit the the United States (HSUS) has taken particular
news media from publishing leaked informa- exception to the legislation, asserting that the
tion from a laboratory. work of its investigation department would be
HSUS
badly impaired. discovers or follows up
In addition, the House Judiciary Committee on complaints of inhumane animal treatment
staff earlier stated that if the Stenholm bill is by sending its own investigators to gather the
reported from the Agriculture Committee, they facts and then review the matter with ap-
would ask for sequential referral of the bill for propriate officials.
their consideration. The referral of a bill
reported by a House Committee is decided by Based on Congress' past support of "whistle
the Speaker of the House. The Judiciary Com- blowers" in other legislation, it's likely that this
mittee asserts that this bill includes matter kind ofprotection would be added to the final
under their jurisdiction and generally the bill before it would be enacted. Both Senator
Speaker would be inclined to allow them to Heflin and Congressman Stenholm have
amend the bill before it is considered by the proved to be willing to work with colleagues in-
House of Representatives. (cont'dp. 8)
Research and An
Protection: Integrated
its
Approach
by
EdwardL. LeeII, CPP
T^housands of organizations are involved in The Risk Assessment Process
medical and behavioral research using
live animals—universities, government In order to protect research information and
laboratories, pharmaceutical and health care material, a facility must determine the follow-
companies, hospitals, medical centers, and a ing:
wide assortment of other companies and foun-
dations involved in biomedical and technologi- 1. What information or material needs to be
cal research. These organizations are a major protected from theft or compromise?
target of animal rights activists who believe 2. Who will be responsible for protecting re-
that animals have the same rights against "ex- search information?
ploitation and imprisonment" as do people. 3. What means of physical or procedural
protection is warranted?
It is this very philosophy which has rendered 4. What vulnerabilities at the facility in-
animal rights as one of the most emotional so- crease the probability of an incident resulting
cial movements of the 1980's and 1990's. Ac- in the loss, theft, or compromise of research in-
tivists, who possess a never-ending appetite for formation?
information involving animal research and is-
sues which they contend violate animal rights, In addressing question 1, senior manage-
continually threaten industries which use ment and the facility's security manager should
animals in medical and behavioral research. carefully review all research projects from the
Consequently, since 1988, we have seen a standpoint ofwhat would be the financial, long-
steady increase of such crimes as burglary, term, and media damage to the facility's
theft, compromise and sabotage of animal- programs if project data were lost, stolen, or
based research data. compromised. Each project should be
analyzed independently, thus allowing manage-
These crimes invariably include the theft of ment to prioritize those projects which are
research files and computer data, the commin- most at risk. In this way, available funding can
gling of research animals, or the actual theft or be used to protect project data in priority
release of the animals themselves. Needless to order.
say, each year such crimes result in the loss of
millions of dollars worth of research informa- Insofar as question 2 is concerned, any
tion. facility which is a potential target of animal
rights groups should have either a full-time
Regardless of the types of research an or- security professional or a consultant tasked
ganization is involved in, information and with establishing a broad-based security pro-
material stemming from research must be gram aimed at incident prevention. Regard-
protected for reasons ranging from financial to less of the type of security professional used,
ethical. In some cases, animal rights threats he or she should be well versed in animal
have been instrumental in the stoppage or rights tactics, as such knowledge is vital in as-
renewal of multi-million-dollar research sessing the threat and in reducing security vul-
projects. nerabilities.
The answers to questions 3 and 4 will be
based upon the results of a comprehensive risk
>
4
Protection cont'dfromp.3 animal rights groups which have in the past, or
may in the future, expressed interest in the
assessment which must be completed in order facility and its activities. This information can
to identify security vulnerabiHties which, if not be obtained from many sources —newspaper,
reduced, might result in the loss, theft, or com- trade publications. The SecurityAdvisor:A
promise of research information or material. NewsletterDedicated to the Prevention ofCrime
ByAnimal RightsActivists and law enforce-
PHASE Physical Security y
I: ment and security professionals.
Phase I of the risk assessment concerns an
Although information gathering is relatively
evaluation of the facility's physical security pro-
easy, the most important element in using it is
gram which traditionally examines such issues
analyzing its significance. Without careful
as perimeter, door, and window security, the
analysis, the raw information is of little value.
existence of security guards and/or technical A
good example of this point is failing to
security application (e.g., closed-circuit analyze how animal rights groups break into
television, intrusion systems, card-access sys-
laboratories. For example, we know that in the
tems, etc.), and how computer hardware and
majority of cases, burglaries occur because
software are to be physically protected. Once
employees sympathetic to the activists' cause
completed, this aspect of the risk assessment
contribute to the break-in by leaving a door or
will identify vulnerabilities which can be
window unlocked or failing to activate an
reduced ifphysical security recommendations
alarm system. Consequently, a prudent
are implemented.
security program would ensure that security is
based not only on one element of protection
PHASE Procedural Security (e.g., an alarm system) but also on redundant
II:
aspects of security which might include a
The next phase of the risk assessment thorough background investigation of every
process concerns procedural security issues. employee and an after-hours security patrol.
For example, who is authorized access to the
An
research information? How is the information effective use of intelligence will also in-
used, transmitted, and stored? Are research clude knowledge of the tactics used by par-
operations compartmentalized? Has a ticular animal rights groups. For instance,
thorough background investigation been con- knowing that the Animal Liberation Front con-
ducted on all persons having access to the re- ducts its criminal operations almost exclusively
search facility and its data? What procedures at night suggests that security deterrence must
exist to prevent the unauthorized access to be particularly effective at that time of day.
computerized research data?
• The Physical Security Survey
The Risk Assessment Process: Step By An essential ingredient in protecting any in-
Step formation is to determine what the physical
strengths and weaknesses are at your facility.
In order to effectively complete a risk assess- For example, how is access to the facility con-
ment of the facility, the two phases must be ad- trolled? Is there a method of recording infor-
dressed methodically and in sequence. There- mation on all persons who enter and exit the
fore, let's examine the many facets of identify- research area? Are closed-circuit television
ing vulnerabilities: cameras in place and is video recording avail-
Who
able? controls access to the research
• ThreatAnalysis area? Is the research area protected with an in-
trusion alarm? If so, who responds to the
Available information and intelligence alarm? If guards are provided, are they con-
should be gathered on the tactics of existing tract or proprietary? Are cleaning and main-
>
5
Protection cont'dfromp.4 filtration of one of their own or co-opting of a
—
current employee the end result for the
tenance personnel escorted into research areas facility will be the same: project sabotage,
or do they have free access? If such personnel financial loss, and embarrassment in the eyes
do have access to the research area, who has of the media who invariably become aware of
conducted their background checks? Under-
the facility's inadequate security.
standably, if no one at the facility can satisfac-
torily answer these questions, excessive risk While it is not possible to guarantee that any
may exist and immediate action will be neces- security system or program is 100 percent effec-
sary to reduce security vulnerabilities. tive, there are both physical and procedural
steps that can be taken which will afford
• Procedural Security
reasonable assurance that everything is being
done to protect vital research information.
This is an element of security which often Some of these steps include:
receives little more than cursory attention.
Procedures that inhibit movement or the con- 1. Institute a program ofpre-employment
venience of staff or visitors are often difficult and periodic reinvestigation of all direct-hire
to "sell" to senior management and are often and contractual staffwho have access to
problematic to enforce. Nevertheless, without proprietary research projects.
sound security procedures in place, it will be
immensely difficult, if not impossible, to afford 2. Develop a log-in, log-out system for
research information effective protection from everyone entering the research area, regard-
loss, theft, or compromise. less of purpose. This can be simplified through
the use of an electronic card access system.
If employees are allowed to freely remove Require that any visitor to areas where re-
material from a restricted area, without proper search data is used, transmitted, or stored be
safeguards, the most well-intentioned under- escorted by a staffmember.
standing of the damage animal rights activists
can cause at a research facility will be of little 3. If not already present, use covertly in-
value. Consequently, in order to develop a vi- stalled closed-circuit television with videotap-
able procedural security program, it is extreme- ing capability which can be activated by motion
ly important that the security manager or per- detectors. Tliis will provide valuable evidence
son responsible for the facility's security pro- in the event of a laboratory break-in.
gram become intimately familiar with all
aspects of specific research projects. 4. Provide new employee and refresher
mem-
security awareness training for all staff
All members of the faciUty's staff should be bers which stresses their responsibility for
constantly reminded that most security
protecting research information; explains
breaches begin with people. For example, it is facility security policies and procedures;
much easier for an animal rights group to at- demonstrates how to mark, handle, store, and
tempt to have one of its members employed transmit such data; and formally describes the
within a facility than to run the risk of ap- penalties for negligent handling or un-
prehension during or after a burglary. In addi- authorized disclosure of research information.
tion, even current staff members can be co-
opted into assisting an animal rights group as a 5. Have more than one type of security for
result ofblackmail, money, or harassment and the facility. Access to a facility should not be
intimidation. Employees can, for instance, sig- dependent upon only one form of security
nificantly assist activists by describing the (e.g., an alarm system). Redundant security
facility's security system, physical layout, (i.e., a guard and an alarm) will substantially
and/or location of research data. Regardless of reduce the potentiality of a successful burglary.
the method used by animal rights groups —in-
>
Protection cont'dfromp.5
6. Restrict access to research areas and data
on a need-to-know basis only.
Changes
Staff
7. Ensure that all computerized research
data is "backed up" weekly and stored off-site Jean Larson, the Coordinator of the
in a data vault. This will reduce the potential
Animal Welfare Information Center
of research data loss. (AWIC), has been selected for a Com-
merce Science and Technology Fellow-
8. Ifpossible, locate all CPU's and ship offered by the U.S. Department
mainframes in a dedicated computer room
of Commerce. The Fellowship pro-
with an after-hours vault protected with a
gram "was established in 1964 to pro-
central station intrusion system. Hardware and
vide senior-level executive branch
software should be protected from fire by in-
employees (professional and manage-
dustry-accepted methods.(Note: Facilities
ment series) with an opportunity to
receiving Federal funding or contracts are sub-
study national and international issues
ject to the requirements of the 1988 Computer
relating to the development, applica-
Security Act.)
tion, and management of science and
technology." Subsequently, manage-
9. Develop and test a crisis management ment of the program was placed with
plan which articulates the facility's response in the Department of Commerce. The
the event of an animal rights incident (to in-
program involves a 10-month intensive
clude how the media will be handled).
work assignment at the policy develop-
ment and management levels, and will
10. Ensure that the facility is complying with start on September 18, 1992. Jean will
Federal, State, and local laws and regulations AWIC
be returning to in July of 1993.
concerning the use of animals. There is no bet-
ter way to legitimize an animal rights crime
Obviously, this change will affect
than by research staff engaging in unnecessary AWIC
the program, but arrangements
or inhumane treatment of animals. are being made to carry on AWIC busi-
AWIC
ness as usual. The staffwill con-
Although there are numerous other issues
tinue to serve your information needs
which could be addressed in protecting re- and we hope you will continue to sup-
search information, we have attempted to offer AWIC
port the program as you have in
the reader a basic introduction which, if fol-
the past.H
lowed, will minimize the risk of loss, theft, or
compromise.
###
Edward L. Lee II, formerly Director of
Security of the U.S. Agency for International
Development, is the editor of The SecurityAd-
A
visor: NewsletterDedicated to the Prevention
ofCrime ByAnimal RightsActivists. The
SecurityAdvisor is also the publisher of
WorldwideAnimal Rights Incidents: 1991. For
more information on risk assessment or these
pubhcations, please call:[phone] or fax
[phone].H
7
S544 cont'dfromp.l this researcher into silence as I am by the
senseless destruction ofproperty. Lawful
laboratory devoted to animal health care and
protest, including that against the use of
the other was the office ofuniversity
animals in research, is protected in this
veterinarians who take care of the laboratory
country. All citizens are free to express their
Two
animals. additional University of Arizona
opinions; there is no justification for resorting
laboratories were broken into and vandalized.
to violence. Extremists in the animal rights
Hundreds of research animals were stolen. movement who choose to be terrorists must be
Some of the mice taken were infected with an
stopped.
organism {Cryptosporidium) which causes
dehydration and death in Third World peoples. While crimes committed in the name of
In this country, malnourished children, AIDS animal rights have increased throughout the
patients, and other people with compromised United States, thankfully we have not reached
immune systems who may be exposed to the the level ofviolence experienced in Britain.
stolen animals are at risk for disease. According to New Scotland Yard, there were
over 400 crimes in the United Kingdom (U.K.)
A
group calling itself "The Animal Libera- linked to the animal rights movement in 1989
tion Front" (ALF) claimed responsibility for alone. Firebombings have often been used by
the arson, theft, and intimidation. Their press animal rights extremists in Britain to destroy
release claimed the Arizona raid was con- property. In June 1990, however, there were
ducted as "an act of mercy and compassion for two car bombing incidents specifically
the individual animal victims and also as part designed to kill or maim their targets, who in-
of a larger international campaign against the cluded a medical scientist and a veterinary of-
scientific/medical industry...." Similar illegal ficer. Fortunately, the veterinarian escaped
acts in the name of animal rights have occurred when her car burst into flames, but when the
across the country. Their frequency and bomb intended for the scientist exploded, it
severity are escalating in the United States. In permanently scarred and injured a baby being
another incident, a Texas researcher's federally wheeled by in a stroller.
supported project sustained immediate
damages costing $70,000. His basic research The reason I bring these incidents to your at-
that could benefit victims of Sudden Infant tention is because it is believed that the United
Death Syndrome and those suffering from States is not more than 2 years behind the U.K.
sleep disorders was halted for more than a in terms of terrorist activities being employed
year. That researcher has been the subject of a by a few extremists in the animal rights move-
second break-in attempt, death threats, and a ment. We should learn from Britain's ex-
hate-mail campaign which continues to this day. perience and do everything we can to stem the
Another researcher, at the University ofPen- rising tide of illegal and increasingly violent
nsylvania, a year ago saw his office broken acts being committed by animal rights ex-
—
into computer disks, a scientific manuscript, tremists here in our country. The victims of
videotapes, and personal files stolen. He and the illegal acts of animal liberation supporters
his family received threatening phone calls, his are not only research institutions and staffbut
home was watched by unknown persons, and all ofus. TTie immediate cost of crimes against
another animal rights group (not the ALF) research facilities is severe, but the ultimate
sent his neighbors derogatory letters about his cost to society as a whole is inestimable. Lost
work. This man was not accused of animal research time and information means the delay
cruelty as such. Rather, according to the ALF, or loss of the products of that research. The
he was targeted for defending his colleagues in real price of the crime my legislation seeks to
Texas and for being very vocal in telling the prevent is paid by all those who are waiting for
public about the importance of animal re- cures and treatment for their afflictions.
search. Our right of free speech is precious. I Human beings, of course, will pay the price,
am
as appalled by the attempts to intimidate
>
8
S544 cont'dfrompJ in 1969. He represented Montana for 8 years
in the House and 12 years in the Senate.
but SO will all animal life, for animals as well as
people benefit from this research.
WARDS,
Reprinted by permission of 1660
Extremists who perpetrate crimes in the L St., NW, Suite 612, Washington, D.C. 20036-
5603. Originally pubHshed in the Spring 1992
name of animal rights ignore not only the rights
of others, but also their own rights of free issue of "Our Animal WARDS."
speech. Responsible dissent is protected by
law—none ofus would have it any other way. [Editor's note: OnApril 9, 1992, theAgricul-
But ideological terrorists and vigilantes who ture Committee acceptedseveral changes to
take the law into their own hands must be H.R. 2407, and the hill was sequentially referred
stopped. Everyone can agree that we owe an to the House Judiciary Committee. The Judiciary
enormous debt to research animals. Committee, in their meeting on July 22,
Laboratory animals should be utilized only amended the hill and replaced it with suhstitute
when necessary and must be well cared for and legislation offered hy Rep. Charles Schumer. On
respected for humane as well as scientific August 4, having voted to suspend the rules, the
Housepassed a managers substitute to H.R.
reasons. But no one can condone lawless and
2407. The new measure, introduced hy Rep.
senseless destructive acts for whatever reason
Stenholm, and renamed theAnimal Enterprise
they are motivated.
ProtectionAct of1992, is a compromise worked
The Animal Research Facilities Protection out hetween theAgriculture andJudiciary Com-
Act is needed to support law enforcement ef- mittees. Uponpass—age ofH.R. 2407, the House
forts around the country. Crimes against the considered S. 544 the Senate version ofthe
—
Animal Research Facility ProtectionAct and
Nation's research facilities should be Federal
offenses. The fact that 12 states have already amended it hy deleting allsections after the
enacting clause and inserting theprovisions of
enacted laws increasing penalties for crimes
H.R. 2407aspassed. The Senate voted to accept
against research facilities is convincing
the House amendments onAugust 7and the
evidence that this is an extremely serious prob-
lem. No individual State, however, can protect measure was signed hy the President onAugust
its research facilities from interstate or interna- 26, 1992.
We
tional saboteurs. must provide that protec-
tion on the Federal level. The Federal inves- As sent to the White House, the hill amends
tigative capability and legal system must be Title 18, U.S.C., hy creating a new section 43,
brought to bear against research sabotage that Animal Enterprise Terrorism. The hill defines
animal enterprise as "a commercial or academic
can affect the future health of our Nation.B
enterprise that uses animalsforfood orfiher
production, agriculture, research, or testing; a
Breakins cont'dfromp.2 zoo, aquarium, circus, rodeo, or lawful competi-
tive animal event; or anyfair orsimilar event in-
sisting on such provisions. This type of change tended to advance agricultural arts andscien-
could be done in the Judiciary Committee ces."Any activity against an animal enterprise
which will likely consider the bill in May 1992. which results in economic loss greater than
$10,000 would hecome a Federal offensepunish-
The Stenholm bill has more than 250 co- able hyfines and/or imprisonment. The hill also
sponsors, which is more than the majority of imposes stifferpenalties ifpeople are seriously in-
the House. So if the bill clears the Judiciary jured or killed. Anotherprovision orders restitu-
Committee and is considered by the whole tion to cover the costs ofrepeating experiments,
House, its passage appears certain. or the loss offoodproduction orfarm income.
### Because ofthe change in the wording ofthe hill,
it was considered unnecessary to address whistle
hlowerprotection.jM
John Melcher practiced veterinary medicine
for 20 years before being elected to Congress