Makes animal and plant enterprise terrorism a predicate offense under the Racketeer Influenced and Corrupt Organizations Act.
Requires the Director of the National Science Foundation to establish and maintain a national clearinghouse for information on incidents of crime and terrorism committed against or directed at any: (1) animal or plant enterprise; (2) commercial activity because of the perceived impact of such activity on the environment; or (3) person because of such person's perceived connection with or support of any enterprise or activity.
Requires the Director to: (1) award grants on a competitive basis to colleges and universities for technical assistance, threat and risk assessments, and other activities related to improving security at individual research universities; and (2) develop a comprehensive security report for universities, colleges, and nonprofit organizations which examines the threat posed by animal and plant enterprise terrorism on research activities and includes strategies for reducing such threat.
[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2795 Introduced in House (IH)]
107th CONGRESS
1st Session
H. R. 2795
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
August 2, 2001
Mr. Nethercutt (for himself, Mr. Chambliss, and Mr. Cunningham)
introduced the following bill; which was referred to the Committee on
the Judiciary
_______________________________________________________________________
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 the ``Agroterrorism Prevention Act of
2001''.
SEC. 2. PLANT ENTERPRISE TERRORISM.
(a) In General.--Section 43 of title 18, United States Code, is
amended--
(1) so that the heading for such section reads
``Sec. 43. 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 tutition 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--
(1) in subsection (a), by striking ``one year'' and
inserting ``five years'';
(2) in subsection (b)--
(A) by redesignating paragraph (2) as paragraph
(3);
(B) by inserting after paragraph (1) the following:
``(2) 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.''; and
(C) in paragraph (3), as so redesignated, by
striking ``under this title and'' and all that follows
through the period and inserting ``under this title,
imprisoned for life or for any term of years, or
sentenced to death.''; and
(3) in subsection (c)--
(A) by striking ``and'' at the end of paragraph
(1);
(B) by striking the period at the end of paragraph
(2) and inserting ``; and''; and
(C) by adding at the end the following:
``(3) for any other economic damage resulting from the
violation of this section.''.
SEC. 4. ANIMAL AND AGROTERRORISM CONSPIRACY PREVENTION.
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''.
SEC. 5. NATIONAL AGROTERRORISM INCIDENT CLEARINGHOUSE.
(a) In General.--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; and
(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).
(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.
(h) Definitions.--In this section--
(1) the term ``animal or plant enterprise'' has the same
meaning as in section 43 of title 18, United States Code; and
(2) the term ``Director'' means the Director of the Federal
Bureau of Investigation.
(i) Authorization of Appropriations.--There are authorized to be
appropriated for each of fiscal years 2002 through 2007 such sums as
are necessary to carry out this section.
SEC. 6. ANIMAL AND PLANT RESEARCH SECURITY PROGRAMS.
(a) In General.--
(1) Grants authorized.--The Director shall--
(A) award grants on a competitive basis to colleges
and universities for technical assistance, threat and
risk assessments, and other activities related to
improving security at individual research universities;
and
(B) develop a comprehensive security report for
universities, colleges 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.
(2) Application.--To be eligible to receive a grant under
this section a college or university shall submit to the
Director an application in such form and containing such
information as the Director may require, including information
relating to the security needs of the institution.
(3) Priority.--In awarding grants under this section, the
Director shall give priority to colleges and universities that
demonstrate the highest security needs, as reported in the
application submitted under paragraph (2).
(b) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $5,000,000 for each of fiscal
years 2002 and 2003.
(c) Definition.--In this section, the term ``Director'' means the
Director of the National Science Foundation.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on Crime.
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