Page:United States Statutes at Large Volume 99 Part 2.djvu/539

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PUBLIC LAW 99-000—MMMM. DD, 1985

PUBLIC LAW 99-198—DEC. 23, 1985

99 STAT. 1649

"(B) minimize pain and distress to animals, such as anesthetic and analgesic procedures. "(f) In any case in which a Federal agency funding a research project determines that conditions of animal care, treatment, or practice in a particular project have not been in compliance with standards promulgated under this Act, despite notification by the Secretary or such Federal agency to the research facility and an opportunity for correction, such agency shall suspend or revoke Federal support for the project. Any research facility losing Federal support as a result of actions taken under the preceding sentence shall have the right of appeal as provided in sections 701 through 706 of title 5, United States Code.".

Research and development.

INSPECTIONS

SEC. 1753. Section 16(a) of the Animal Welfare Act (7 U.S.C. 2146(a)) is amended by inserting after the first sentence the following: "The Secretary shall inspect each research facility at least once each year and, in the case of deficiencies or deviations from the standards promulgated under this Act, shall conduct such follow-up inspections as may be necessary until all deficiencies or deviations from such standards are corrected.". PENALTY FOR RELEASE OF TRADE SECRETS

SEC. 1754. The Animal Welfare Act (7 U.S.C. 2131-2156) is amended by adding at the end thereof the following section: "SEC. 27. (a) It shall be unlawful for any member of an Institutional Animal Committee to release any confidential information of the research facility including any information that concerns or relates to— "(1) the trade secrets, processes, operations, style of work, or apparatus; or "(2) the identity, confidential statistical data, amount or source of any income, profits, losses, or expenditures, of the research facility. "0)) It shall be unlawful for any member of such Committee— "(1) to use or attempt to use to his advantages; or "(2) to reveal to any other person, any information which is entitled to protection as confidential information under subsection (a). "(c) A violation of subsection (a) or (b) is punishable by— "(1) removal from such Committee; and "(2)(A) a fine of not more than $1,000 and imprisonment of not more than one year; or "(B) if such violation is willful, a fine of not more than $10,000 and imprisonment of not more than three years. "(d) Any person, including any research facility, injured in its business or property by reason of a violation of this section may recover all actual and consequential damages sustained by such person and the cost of the suit including a reasonable attorney's fee. "(e) Nothing in this section shall be construed to affect any other rights of a person injured in its business or property by reason of a violation of this section. Subsection (d) shall not be construed to limit the exercise of any such rights arising out of or relating to a violation of subsections (a) and (b).".

7 USC 2157.

Prohibition,