Ecoterrorism Prevention Act of 2004 - Amends the Federal criminal code to prohibit plant enterprise terrorism (offenses to disrupt or damage a plant enterprise). Enhances penalties for animal enterprise terrorism and establishes penalties for plant enterprise terrorism. Prohibits the use of explosives or arson against animal or plant enterprises. Authorizes restitution for economic damage resulting from the violation.
Makes animal and plant enterprise terrorism predicate offenses under the Racketeer Influenced and Corrupt Organizations Act. Includes within prohibitions under the Hobbs Act denying another the right to exercise control over another's property by threatening to violate animal and plant enterprise terrorism prohibitions.
Requires the Director of the Federal Bureau of Investigation to establish and maintain a national clearinghouse for information on incidents of crime and terrorism committed or directed against: (1) any animal or plant enterprise; (2) any commercial activity because of the perceived impact or effect of such commercial activity on the environment; or (3) any person because of such person's perceived connection with or support of any such enterprise or activity. Requires the Director to report annually on domestic terrorist organizations.
Requires the Director of the National Science Foundation to make security upgrade and technical assistance grants on a competitive basis to colleges and universities.
Includes animal and plant enterprise terrorism within the scope of provisions regarding harboring or concealing terrorists and providing material support to terrorists.
Establishes procedures for designation by the Attorney General of domestic terrorist organizations. Amends the Internal Revenue Code to provide for the suspension of the tax-exempt status of such organizations.
[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>
Introduced in House
Introduced in House
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.
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.
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.
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.
Referred to the Subcommittee on Research.
Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line