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106TH CONGRESS

2D SESSION H. R. 5429

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 persons seeking to operate animal enterprises, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

OCTOBER 10, 2000.

Mr. CUNNINGHAM introduced the following bill; which was referred to the

Committee on 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 persons seeking to operate animal enterprises, and

for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Researchers and

3 Farmers Freedom From Terrorism Act of 2000’’.

4 SEC. 2. RESEARCHERS AND FARMERS FREEDOM FROM

5 TERRORISM.

6 Section 1961(1)(B) of title 18, United States Code,

7 is amended by inserting ‘‘43 (relating to animal enterprise

8 terrorism), section’’ after ‘‘Section’’.

9 SEC. 3. ENHANCEMENT OF PENALTIES FOR ANIMAL ENTER10 PRISE TERRORISM.

11 Section 43 of title 18, United States Code, is

12 amended—

13 (1) in subsection (a)—

14 (A) in paragraph (2), by striking ‘‘inten15 tionally’’ each place it appears; and

16 (B) by striking ‘‘one year’’ and inserting

17 ‘‘five years’;

18 (2) in subsection (b)—

19 (A) by redesignating paragraph (2) as

20 paragraph (3);

21 (B) by inserting after paragraph (1) the

22 following new paragraph (2):

23 ‘‘(2) EXPLOSIVES OR ARSON.—Whoever in the

24 course of a violation of subsection (a) maliciously

25 damages or destroys, or attempts to damage or de26 stroy, by means of fire or an explosive, any building,
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1 vehicle, or other real or personal property used by

2 the animal enterprise shall be imprisoned for not

3 less than 5 years and not more than 20 years, fined

4 under this title, or both.’’; and

5 (C) in paragraph (3), as so redesignated,

6 by striking ‘‘under this title and’’ and all that

7 follows through the period and inserting ‘‘under

8 this title, imprisoned for life or for any term of

9 years, or sentenced to death.’’; and

10 (3) in subsection (d)(1)—

11 (A) by striking ‘‘or’’ at the end of subpara12 graph (B);

13 (B) by inserting ‘‘or’’ at the end of sub14 paragraph (C); and

15 (C) by adding at the end the following:

16 ‘‘(D) the offices or headquarters of any en17 terprise or event described in subparagraph (A),

18 (B). or (C);’’.

19 SEC. 4. NATIONAL ANIMAL TERRORISM AND

20 ECOTERRORISM INCIDENT CLEARINGHOUSE.

21 (a) IN GENERAL.—The Director shall establish and

22 maintain a national clearinghouse for information on inci23 dents of crime and terrorism—

24 (1) committed against or directed at any animal

25 enterprise;
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1 (2) committed against or directed at any com2 mercial activity because of the perceived impact or

3 effect of such commercial activity on the environ4 ment; or

5 (3) committed against or directed at any person

6 because of such person’s perceived connection with

7 or support of any enterprise or activity described in

8 paragraph (1) or (2).

9 (b) CLEARINGHOUSE.—The clearinghouse established

10 under subsection (a) shall—

11 (1) accept, collect, and maintain information on

12 incidents described in subsection (a) that is sub13 mitted to the clearinghouse by Federal, State, and

14 local law enforcement agencies, by law enforcement

15 agencies of foreign countries, and by victims of such

16 incidents;

17 (2) collate and index such information for pur18 poses of cross-referencing; and

19 (3) upon request from a Federal, State, or local

20 law enforcement agency, or from a law enforcement

21 agency of a foreign country, provide such informa22 tion to assist in the investigation of an incident de23 scribed in subsection (a).
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1 (c) SCOPE OF INFORMATION.—The information

2 maintained by the clearinghouse for each incident shall,

3 to the extent practicable, include—

4 (1) the date, time, and place of the incident;

5 (2) details of the incident;

6 (3) any available information on suspects or

7 perpetrators of the incident; and

8 (4) any other relevant information.

9 (d) DESIGN OF CLEARINGHOUSE.—The clearing10 house shall be designed for maximum ease of use by par11 ticipating law enforcement agencies.

12 (e) PUBLICITY.—The Director shall publicize the ex13 istence of the clearinghouse to law enforcement agencies

14 by appropriate means.

15 (f) RESOURCES.—In establishing and maintaining

16 the clearinghouse, the Director may—

17 (1) through the Attorney General, utilize the re18 sources of any other department or agency of the

19 Federal Government; and

20 (2) accept assistance and information from pri21 vate organizations or individuals.

22 (g) COORDINATION.—The Director shall carry out

23 the Director’s responsibilities under this section in co24 operation with the Director of the Bureau of Alcohol, To25 bacco and Firearms.
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1 (h) DEFINITIONS.—In this section:

2 (1) The term ‘‘animal enterprise’’ has the same

3 meaning as in section 43 of title 18, United States

4 Code.

5 (2) The term ‘‘Director’’ means the Director of

6 the Federal Bureau of Investigation.

7 (i) AUTHORIZATION OF APPROPRIATIONS.—There is

8 hereby authorized to be appropriated for fiscal years 2001,

9 2002, 2003, 2004, and 2005 such sums as are necessary

10 to carry out this section.

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