Home > 105th Congressional Bills > H.R. 4455 (ih) To encourage the disclosure and exchange of information about computer processing problems and related matters in connection with the transition to the Year 2000. ...H.R. 4455 (ih) To encourage the disclosure and exchange of information about computer processing problems and related matters in connection with the transition to the Year 2000. ...
108th CONGRESS
2d Session
H. R. 4454
To amend title 18, United States Code, to protect and promote the
public safety and interstate commerce by establishing Federal criminal
penalties and civil remedies for certain violent, threatening,
obstructive, and destructive conduct that is intended to injure,
intimidate, or interfere with plant or animal enterprises, and for
other purposes.
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IN THE HOUSE OF REPRESENTATIVES
May 20, 2004
Mr. Nethercutt introduced the following bill; which was referred to the
Committee on the Judiciary, and in addition to the Committees on Ways
and Means, and Science, for a period to be subsequently determined by
the Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
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A BILL
To amend title 18, United States Code, to protect and promote the
public safety and interstate commerce by establishing Federal criminal
penalties and civil remedies for certain violent, threatening,
obstructive, and destructive conduct that is intended to injure,
intimidate, or interfere with plant or animal enterprises, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as ``Ecoterrorism Prevention Act of 2004''.
SEC. 2. PLANT ENTERPRISE TERRORISM.
(a) In General.--Section 43 of title 18, United States Code, is
amended--
(1) in the heading, by striking ``Animal enterprise
terrorism'' and inserting ``Animal and plant enterprise
terrorism'';
(2) by striking ``animal enterprise'' each place it appears
(other than in subsection (d)(1)) and inserting ``animal or
plant enterprise'';
(3) in subsection (a)(2)--
(A) by inserting ``plants,'' after ``including'';
and
(B) by inserting a comma after ``animals''; and
(4) in subsection (d)--
(A) in paragraph (1), by striking ``the term'' and
all that follows through the end of such paragraph and
inserting the following:
``the term `animal or plant enterprise' means--
``(A) a commercial or academic enterprise that uses
animals or plants for food or fiber production,
agriculture, breeding, processing, research, or
testing, or any commercial retail, wholesale or
distribution enterprise that uses, purchases, or offers
for sale a product that contains animal or plant
material;
``(B) a zoo, aquarium, circus, rodeo or other
entity that exhibits or uses animals or plants for
educational or entertainment purposes;
``(C) any fair or similar event intended to advance
agricultural arts and sciences; or
``(D) a facility managed or occupied by an
association, federation, foundation, council, or other
group or entity of food or fiber producers, processors,
or agricultural or biomedical researchers intended to
advance agricultural or biomedical arts and sciences,
or the offices or facilities of any other enterprise or
event described in subparagraph (A), (B), or (C);'';
(B) in paragraph (3), by striking ``the loss of
profits'' and inserting ``the loss of revenue
(including costs related to business recovery) directly
related to the disruption of a plant or animal
enterprise, and the cost of the tuition and expenses of
any student to complete an academic program that was
disrupted, or to complete a replacement program, when
the tuition and expenses are incurred as a result of
the damage or loss of the property of an animal or
plant enterprise'';
(C) by striking ``and'' at the end of paragraph
(3);
(D) by striking the period at the end of paragraph
(4) and inserting ``; and''; and
(E) by adding at the end the following:
``(5) the term `plant' means any plant (including any plant
part) used for, or that is capable of, propagation, including a
tree, a tissue culture, pollen, a shrub, a vine, a cutting, a
graft, a scion, a bud, a bulb, a root, a seed, or any plant
genetic material contained in bacteria, plasmids, viruses,
viroids, or any vector of biological origin that has been
modified for, or is capable of carrying genes into plant cells
using transgenic processes, or other biological materials.''.
(b) Clerical Amendment.--The item in the table of sections at the
beginning of chapter 3 of title 18, United States Code, that relates to
section 43 is amended to read as follows:
``43. Animal and plant enterprise terrorism.''.
SEC. 3. ENHANCEMENT OF PENALTIES FOR ANIMAL AND PLANT ENTERPRISE
TERRORISM.
Section 43 of title 18, United States Code, is amended in
subsection (b)--
(1) by redesignating paragraph (4) as paragraph (5);
(2) by inserting after paragraph (3) the following:
``(4) Explosives or arson.--Whoever in the course of a
violation of subsection (a) maliciously damages or destroys, or
attempts to damage or destroy, by means of fire or an
explosive, any building, vehicle, or other real or personal
property used by the animal or plant enterprise shall be
imprisoned for not less than 5 years and not more than 20
years, fined under this title, or both.''.
SEC. 4. ECOTERRORISM PREVENTION.
(a) RICO Predicate.--Section 1961(1) of title 18, United States
Code, is amended by striking ``Section 201'' and inserting ``Section 43
(relating to animal and plant enterprise terrorism), section 201''.
(b) Hobbs Act Amendment.--Section 1951(b)(2) of title 18, United
States Code, is amended by inserting ``, and includes denying another
the right to exercise control over that other's property by threatening
to violate section 43'' after ``official right''.
SEC. 5. NATIONAL ECOTERRORISM INCIDENT CLEARINGHOUSE.
(a) In General.--The Director of the Federal Bureau of
Investigation (hereinafter in this section referred to as the
``Director'') shall establish and maintain a national clearinghouse for
information on incidents of crime and terrorism--
(1) committed against or directed at any animal or plant
enterprise;
(2) committed against or directed at any commercial
activity because of the perceived impact or effect of such
commercial activity on the environment; or
(3) committed against or directed at any person because of
such person's perceived connection with or support of any
enterprise or activity described in paragraph (1) or (2).
(b) Clearinghouse.--The clearinghouse established under subsection
(a) shall--
(1) accept, collect, and maintain information on incidents
described in subsection (a) that is submitted to the
clearinghouse by Federal, State, and local law enforcement
agencies, by law enforcement agencies of foreign countries, and
by victims of such incidents;
(2) collate and index such information for purposes of
cross-referencing;
(3) upon request from a Federal, State, or local law
enforcement agency, or from a law enforcement agency of a
foreign country, provide such information to assist in the
investigation of an incident described in subsection (a); and
(4) provide all-source integrated analysis to other Federal
agencies and State and local law enforcement agencies.
(c) Scope of Information.--The information maintained by the
clearinghouse for each incident shall, to the extent practicable,
include--
(1) the date, time, and place of the incident;
(2) details of the incident;
(3) any available information on suspects or perpetrators
of the incident; and
(4) any other relevant information.
(d) Design of Clearinghouse.--The clearinghouse shall be designed
for maximum ease of use by participating law enforcement agencies.
(e) Publicity.--The Director shall publicize the existence of the
clearinghouse to law enforcement agencies by appropriate means.
(f) Resources.--In establishing and maintaining the clearinghouse,
the Director may--
(1) through the Attorney General, utilize the resources of
any other department or agency of the Federal Government; and
(2) accept assistance and information from private
organizations or individuals.
(g) Coordination.--The Director shall carry out the Director's
responsibilities under this section in cooperation with the Director of
the Bureau of Alcohol, Tobacco, and Firearms, the Department of
Homeland Security, and such other agencies as may be necessary.
(h) Definition.--In this section the term ``animal or plant
enterprise'' has the same meaning given that term in section 43 of
title 18, United States Code.
(i) Authorization of Appropriations.--There are authorized to be
appropriated for each of fiscal years 2005 through 2009 such sums as
are necessary to carry out this section.
SEC. 6. COLLEGE AND UNIVERSITY SECURITY ENHANCEMENTS.
(a) In General.--To enhance the security of public research
facilities in the United States against threats posed by ecoterrorism,
the Director of the National Science Foundation (hereinafter in this
section referred to as the ``Director'') shall make security upgrade
and technical assistance grants on a competitive basis to colleges and
universities.
(b) Limitation on Grants.--Grants to a recipient under this section
shall not exceed $5,000,000 in any fiscal year.
(c) Requirements for Grants.--The Director shall make a grant under
this section only if the grant applicant provides satisfactory
assurances to the Director that--
(1) sufficient funds are available to pay the non-Federal
share of the cost of the proposed security upgrades; and
(2) the proposed security upgrades meet such reasonable
qualifications as may be established by the Director, including
information relating to the security needs of the institution
and requirements necessary to protect facilities, staff, and
members of the public.
(e) Amount of Grant.--The amount of a grant awarded under this
section shall be determined by the Secretary.
(f) Federal Share.--The Federal share of the cost of any security
upgrade carried out using funds from a grant provided under this
section shall not exceed 50 percent.
(g) Additional Requirement.--The Director shall develop a
comprehensive security report for colleges, universities and nonprofit
organizations which examines the threat posed by animal and plant
enterprise terrorism on research activities, and includes strategies
for reducing this threat, including education, facility hardening, and
coordination with law enforcement officials.
SEC. 7. NO SAFE HARBOR OR MATERIAL SUPPORT TO DOMESTIC TERRORISTS.
(a) Harboring or Concealing Terrorists.--Section 2339 of Title 18
is amended by striking ``section 32 (relating to destruction of
aircraft or aircraft facilities),'' and inserting ``section 32
(relating to destruction of aircraft or aircraft facilities, Section 43
(relating to animal and plant enterprise terrorism),''.
(b) Providing Material Support to Terrorists.--Section 2339A of
Title 18 is amended by striking ``37,'' and inserting ``37, 43,''.
SEC. 8. DESIGNATION OF DOMESTIC TERRORIST ORGANIZATIONS.
(a) Designation.--
(1) In general.--The Attorney General is authorized to
designate an organization as a domestic terrorist organization
in accordance with this subsection if the Attorney General finds that--
(A) the organization is a domestic organization;
(B) the organization engages in terrorist activity
or retains the capability and intent to engage in
terrorist activity; and
(C) the terrorist activity or terrorism of the
organization threatens the security of United States
nationals or the national security of the United
States.
(2) Procedure.--
(A) Notice.--
(i) To congressional leaders.--Seven days
before making a designation under this
subsection, the Attorney General shall, by
classified communication, notify the Speaker
and Minority Leader of the House of
Representatives, the President pro tempore,
Majority Leader, and Minority Leader of the
Senate, and the members of the relevant
committees of the House of Representatives and
the Senate, in writing, of the intent to
designate an organization under this
subsection, together with the findings made
under paragraph (1) with respect to that
organization, and the factual basis therefore.
(ii) Publication in federal register.--The
Secretary shall publish the designation in the
Federal Register seven days after providing the
notification under clause (i).
(B) Effect of designation.--
(i) For purposes of section 2339B of title
18, a designation under this subsection shall
take effect upon publication under subparagraph
(A)(ii).
(ii) Any designation under this subsection
shall cease to have effect upon an Act of
Congress disapproving such designation.
(C) Freezing of assets.--Upon notification under
paragraph (2)(A)(i), the Secretary of the Treasury may
require United States financial institutions possessing
or controlling any assets of any organization included
in the notification to block all financial transactions
involving those assets until further directive from
either the Secretary of the Treasury, Act of Congress,
or order of court.
(3) Record.--
(A) In general.--In making a designation under this
subsection, the Attorney General shall create an
administrative record.
(B) Classified information.--The Attorney General
may consider classified information in making a
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