[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4454 Introduced in House (IH)]







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.


_______________________________________________________________________


                    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

_______________________________________________________________________

                                 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 
                designation under this subsection. Classified 
                information shall not be subject to disclosure for such 
                time as it remains classified, except that such 
                information may be disclosed to a court ex parte and in 
                camera for purposes of judicial review under subsection 
                (b) of this section.
            (4) Period of designation.--
                    (A) In general.--Subject to paragraphs (5) and (6), 
                a designation under this subsection shall be effective 
                for all purposes for a period of 2 years beginning on 
                the effective date of the designation under paragraph 
                (2)(B).
                    (B) Redesignation.--The Attorney General may 
                redesignate an organization as a domestic terrorist 
                organization for an additional 2-year period at the end 
                of the 2-year period referred to in subparagraph (A) 
                (but not sooner than 60 days prior to the termination 
                of such period) upon a finding that the relevant 
                circumstances described in paragraph (1) still exist. 
                The Attorney General also may redesignate such 
                organization at the end of any 2-year redesignation 
                period (but not sooner than 60 days prior to the 
                termination of such period) for an additional 2-year 
                period upon a finding that the relevant circumstances 
                described in paragraph (1) still exist. Any 
                redesignation shall be effective immediately following 
                the end of the prior 2-year designation or 
                redesignation period unless a different effective date 
                is provided in such redesignation. The procedural 
                requirements of paragraphs (2) and (3) shall apply to a 
                redesignation under this subparagraph.
            (5) Revocation by act of congress.--The Congress, by an Act 
        of Congress, may block or revoke a designation made under 
        paragraph (1).
            (6) Revocation based on change in circumstances.--
                    (A) In general.--The Attorney General may revoke a 
                designation made under paragraph (1) or a redesignation 
                made under paragraph (4)(B) if the Attorney General 
                finds that--
                            (i) the circumstances that were the basis 
                        for the designation or redesignation have 
                        changed in such a manner as to warrant 
                        revocation; or
                            (ii) the national security of the United 
                        States warrants a revocation.
                    (B) Procedure.--The procedural requirements of 
                paragraphs (2) and (3) shall apply to a revocation 
                under this paragraph. Any revocation shall take effect 
                on the date specified in the revocation or upon 
                publication in the Federal Register if no effective 
                date is specified.
            (7) Effect of revocation.--The revocation of a designation 
        under paragraph (5) or (6), or the revocation of a 
        redesignation under paragraph (6), shall not affect any action 
        or proceeding based on conduct committed prior to the effective 
        date of such revocation.
            (8) Use of designation in trial or hearing.--If a 
        designation under this subsection has become effective under 
        paragraph (2)(B), or if a redesignation under this subsection 
        has become effective under paragraph (4)(B), a defendant in a 
criminal action or an alien in a removal proceeding shall not be 
permitted to raise any question concerning the validity of the issuance 
of such designation or redesignation as a defense or an objection at 
any trial or hearing.
    (b) Judicial Review of Designation.--
            (1) In general.--Not later than 30 days after publication 
        of the designation in the Federal Register, an organization 
        designated as a domestic terrorist organization may seek 
        judicial review of the designation in the United States Court 
        of Appeals for the District of Columbia Circuit.
            (2) Basis of review.--Review under this subsection shall be 
        based solely upon the administrative record, except that the 
        Government may submit, for ex parte and in camera review, 
        classified information used in making the designation.
            (3) Scope of review.--The Court shall hold unlawful and set 
        aside a designation the court finds to be--
                    (A) arbitrary, capricious, an abuse of discretion, 
                or otherwise not in accordance with law;
                    (B) contrary to constitutional right, power, 
                privilege, or immunity;
                    (C) in excess of statutory jurisdiction, authority, 
                or limitation, or short of statutory right;
                    (D) lacking substantial support in the 
                administrative record taken as a whole or in classified 
                information submitted to the court under paragraph (2); 
                or
                    (E) not in accord with the procedures required by 
                law.
            (4) Judicial review invoked.--The pendency of an action for 
        judicial review of a designation shall not affect the 
        application of this section, unless the court issues a final 
        order setting aside the designation.
    (c) Definitions.--As used in this section--
            (1) the term ``terrorist activity'' has the meaning given 
        that term in section 212 of the Immigration and Nationality Act 
        (18 U.S.C. 1182);
            (2) the term ``classified information'' has the meaning 
        given that term in section 1(a) of the Classified Information 
        Procedures Act (18 U.S.C. App.);
            (3) the term ``national security'' means the national 
        defense, foreign relations, or economic interests of the United 
        States; and
            (4) the term ``relevant committees'' means the Committees 
        on the Judiciary of the House and Senate.

SEC. 9. REPORT ON DOMESTIC TERRORIST ORGANIZATIONS.

    (a) In General.--The Director of the Federal Bureau of 
Investigations shall transmit to the Speaker of the House of 
Representatives and the Committee on Judiciary of the Senate, by April 
30 of each year, a full and complete report providing--
            (1) detailed lists of all domestic acts of terrorism that 
        were, in the opinion of the Director, of significance including 
        the date, type of act, and property damages, injuries, or 
        deaths;
            (2) all relevant information about the activities during 
        the preceding year of any domestic terrorist group, and any 
        umbrella group under which such terrorist group falls, known to 
        be responsible for terrorist activities in the United States in 
        the previous five years, including details on finances of the 
        terrorist group; and,
            (3) A review of major domestic counterterrorism efforts 
        undertaken in the previous year.
    (b) Classification of Report.--The report required in paragraph (a) 
shall, to the extent practicable, be submitted in an unclassified form 
and may be accompanied by a classified annex.
    (c) Definitions.--
            (1) In this section, the term ``domestic terrorism'' has 
        the same definition as at 18 U.S.C. 2331.

SEC. 10. SUSPENSION OF TAX-EXEMPT STATUS OF TERRORIST ORGANIZATIONS.

    (a) In General.--Section 501 of the Internal Revenue Code of 1986 
(relating to exemption from tax on corporations, certain trusts, etc.) 
is amended by redesignating subsection (p) as subsection (q) and by 
inserting after subsection (o) the following new subsection:
    ``(p) Suspension of Tax-Exempt Status of Terrorist Organizations.--
            ``(1) In general.--The exemption from tax under subsection 
        (a) with respect to any organization described in paragraph 
        (2), and the eligibility of any organization described in 
        paragraph (2) to apply for recognition of exemption under 
        subsection (a), shall be suspended during the period described 
in paragraph (3).
            ``(2) Terrorist organizations.--An organization is 
        described in this paragraph if such organization is designated 
        or otherwise individually identified by the Attorney General as 
        a domestic terrorist organization under section 8 of the 
        Ecoterrorism Prevention Act.
            ``(3) Period of suspension.--With respect to any 
        organization described in paragraph (2), the period of 
        suspension--
                    ``(A) begins on the later of--
                            ``(i) the date of the first publication of 
                        a designation or identification described in 
                        paragraph (2) with respect to such 
                        organization, or
                            ``(ii) the date of the enactment of this 
                        subsection, and
                    ``(B) ends on the first date that all designations 
                and identifications described in paragraph (2) with 
                respect to such organization are rescinded pursuant to 
                the law or Executive order under which such designation 
                or identification was made.
            ``(4) Denial of deduction.--No deduction shall be allowed 
        under section 170, 545(b)(2), 556(b)(2), 642(c), 2055, 
        2106(a)(2), or 2522 for any contribution to an organization 
        described in paragraph (2) during the period described in 
        paragraph (3).
            ``(5) Denial of administrative or judicial challenge of 
        suspension or denial of deduction.--Notwithstanding section 
        7428 or any other provision of law, no organization or other 
        person may challenge a suspension under paragraph (1), a 
        designation or identification described in paragraph (2), the 
        period of suspension described in paragraph (3), or a denial of 
        a deduction under paragraph (4) in any administrative or 
        judicial proceeding relating to the Federal tax liability of 
        such organization or other person.
            ``(6) Erroneous designation.--
                    ``(A) In general.--If--
                            ``(i) the tax exemption of any organization 
                        described in paragraph (2) is suspended under 
                        paragraph (1);
                            ``(ii) each designation and identification 
                        described in paragraph (2) which has been made 
                        with respect to such organization is determined 
                        to be erroneous pursuant to the law or 
                        Executive order under which such designation or 
                        identification was made; and
                            ``(iii) the erroneous designations and 
                        identifications result in an overpayment of 
                        income tax for any taxable year by such 
                        organization,
                credit or refund (with interest) with respect to such 
                overpayment shall be made.
                    ``(B) Waiver of limitations.--If the credit or 
                refund of any overpayment of tax described in 
                subparagraph (A)(iii) is prevented at any time by the 
                operation of any law or rule of law (including res 
                judicata), such credit or refund may nevertheless be 
                allowed or made if the claim therefore is filed before 
                the close of the 1-year period beginning on the date of 
                the last determination described in subparagraph 
                (A)(ii).
            ``(7) Notice of suspensions.--If the tax exemption of any 
        organization is suspended under this subsection, the Internal 
        Revenue Service shall update the listings of tax-exempt 
        organizations and shall publish appropriate notice to taxpayers 
        of such suspension and of the fact that contributions to such 
        organization are not deductible during the period of such 
        suspension.''.
    (b) Effective Date.--The amendments made by this section shall 
apply to designations made before, on, or after the date of the 
enactment of this Act.
                                 <all>