I 

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.

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 ‘‘Ecoterrorism Prevention 

3 Act of 2004’’. 

4 SEC. 2. PLANT ENTERPRISE TERRORISM. 

5 (a) IN GENERAL.—Section 43 of title 18, United 

6 States Code, is amended—

7 (1) in the heading, by striking ‘‘Animal en8 terprise terrorism’’ and inserting ‘‘Animal 

9 and plant enterprise terrorism’’; 

10 (2) by striking ‘‘animal enterprise’’ each place 

11 it appears (other than in subsection (d)(1)) and in12 serting ‘‘animal or plant enterprise’’; 

13 (3) in subsection (a)(2)—

14 (A) by inserting ‘‘plants,’’ after ‘‘includ15 ing’’; and 

16 (B) by inserting a comma after ‘‘animals’’; 

17 and 

18 (4) in subsection (d)—

19 (A) in paragraph (1), by striking ‘‘the 

20 term’’ and all that follows through the end of 

21 such paragraph and inserting the following: 

22 ‘‘the term ‘animal or plant enterprise’ means—

23 ‘‘(A) a commercial or academic enterprise 

24 that uses animals or plants for food or fiber 

25 production, agriculture, breeding, processing, 

26 research, or testing, or any commercial retail, 
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1 wholesale or distribution enterprise that uses, 

2 purchases, or offers for sale a product that con3 tains animal or plant material; 

4 ‘‘(B) a zoo, aquarium, circus, rodeo or 

5 other entity that exhibits or uses animals or 

6 plants for educational or entertainment pur7 poses; 

8 ‘‘(C) any fair or similar event intended to 

9 advance agricultural arts and sciences; or 

10 ‘‘(D) a facility managed or occupied by an 

11 association, federation, foundation, council, or 

12 other group or entity of food or fiber producers, 

13 processors, or agricultural or biomedical re14 searchers intended to advance agricultural or 

15 biomedical arts and sciences, or the offices or 

16 facilities of any other enterprise or event de17 scribed in subparagraph (A), (B), or (C);’’; 

18 (B) in paragraph (3), by striking ‘‘the loss 

19 of profits’’ and inserting ‘‘the loss of revenue 

20 (including costs related to business recovery) di21 rectly related to the disruption of a plant or 

22 animal enterprise, and the cost of the tuition 

23 and expenses of any student to complete an 

24 academic program that was disrupted, or to 

25 complete a replacement program, when the tui-
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1 tion and expenses are incurred as a result of 

2 the damage or loss of the property of an animal 

3 or plant enterprise’’; 

4 (C) by striking ‘‘and’’ at the end of para5 graph (3); 

6 (D) by striking the period at the end of 

7 paragraph (4) and inserting ‘‘; and’’; and 

8 (E) by adding at the end the following: 

9 ‘‘(5) the term ‘plant’ means any plant (includ10 ing any plant part) used for, or that is capable of, 

11 propagation, including a tree, a tissue culture, pol12 len, a shrub, a vine, a cutting, a graft, a scion, a 

13 bud, a bulb, a root, a seed, or any plant genetic ma14 terial contained in bacteria, plasmids, viruses, 

15 viroids, or any vector of biological origin that has 

16 been modified for, or is capable of carrying genes 

17 into plant cells using transgenic processes, or other 

18 biological materials.’’. 

19 (b) CLERICAL AMENDMENT.—The item in the table 

20 of sections at the beginning of chapter 3 of title 18, United 

21 States Code, that relates to section 43 is amended to read 

22 as follows:

‘‘43. Animal and plant enterprise terrorism.’’.
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1 SEC. 3. ENHANCEMENT OF PENALTIES FOR ANIMAL AND 

2 PLANT ENTERPRISE TERRORISM. 

3 Section 43 of title 18, United States Code, is amend4 ed in subsection (b)—

5 (1) by redesignating paragraph (4) as para6 graph (5); 

7 (2) by inserting after paragraph (3) the fol8 lowing: 

9 ‘‘(4) EXPLOSIVES OR ARSON.—Whoever in the 

10 course of a violation of subsection (a) maliciously 

11 damages or destroys, or attempts to damage or de12 stroy, by means of fire or an explosive, any building, 

13 vehicle, or other real or personal property used by 

14 the animal or plant enterprise shall be imprisoned 

15 for not less than 5 years and not more than 20 

16 years, fined under this title, or both.’’. 

17 SEC. 4. ECOTERRORISM PREVENTION. 

18 (a) RICO PREDICATE.—Section 1961(1) of title 18, 

19 United States Code, is amended by striking ‘‘Section 201’’ 

20 and inserting ‘‘Section 43 (relating to animal and plant 

21 enterprise terrorism), section 201’’. 

22 (b) HOBBS ACT AMENDMENT.—Section 1951(b)(2) 

23 of title 18, United States Code, is amended by inserting 

24 ‘‘, and includes denying another the right to exercise con25 trol over that other’s property by threatening to violate 

26 section 43’’ after ‘‘official right’’.
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1 SEC. 5. NATIONAL ECOTERRORISM INCIDENT CLEARING2 HOUSE. 

3 (a) IN GENERAL.—The Director of the Federal Bu4 reau of Investigation (hereinafter in this section referred 

5 to as the ‘‘Director’’) shall establish and maintain a na6 tional clearinghouse for information on incidents of crime 

7 and terrorism—

8 (1) committed against or directed at any animal 

9 or plant enterprise; 

10 (2) committed against or directed at any com11 mercial activity because of the perceived impact or 

12 effect of such commercial activity on the environ13 ment; or 

14 (3) committed against or directed at any person 

15 because of such person’s perceived connection with 

16 or support of any enterprise or activity described in 

17 paragraph (1) or (2). 

18 (b) CLEARINGHOUSE.—The clearinghouse established 

19 under subsection (a) shall—

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

21 incidents described in subsection (a) that is sub22 mitted to the clearinghouse by Federal, State, and 

23 local law enforcement agencies, by law enforcement 

24 agencies of foreign countries, and by victims of such 

25 incidents; 
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1 (2) collate and index such information for pur2 poses of cross-referencing; 

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

4 law enforcement agency, or from a law enforcement 

5 agency of a foreign country, provide such informa6 tion to assist in the investigation of an incident de7 scribed in subsection (a); and 

8 (4) provide all-source integrated analysis to 

9 other Federal agencies and State and local law en10 forcement agencies. 

11 (c) SCOPE OF INFORMATION.—The information 

12 maintained by the clearinghouse for each incident shall, 

13 to the extent practicable, include—

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

15 (2) details of the incident; 

16 (3) any available information on suspects or 

17 perpetrators of the incident; and 

18 (4) any other relevant information. 

19 (d) DESIGN OF CLEARINGHOUSE.—The clearing20 house shall be designed for maximum ease of use by par21 ticipating law enforcement agencies. 

22 (e) PUBLICITY.—The Director shall publicize the ex23 istence of the clearinghouse to law enforcement agencies 

24 by appropriate means. 
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1 (f) RESOURCES.—In establishing and maintaining 

2 the clearinghouse, the Director may—

3 (1) through the Attorney General, utilize the re4 sources of any other department or agency of the 

5 Federal Government; and 

6 (2) accept assistance and information from pri7 vate organizations or individuals. 

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

9 the Director’s responsibilities under this section in co10 operation with the Director of the Bureau of Alcohol, To11 bacco, and Firearms, the Department of Homeland Secu12 rity, and such other agencies as may be necessary. 

13 (h) DEFINITION.—In this section the term ‘‘animal 

14 or plant enterprise’’ has the same meaning given that term 

15 in section 43 of title 18, United States Code. 

16 (i) AUTHORIZATION OF APPROPRIATIONS.—There 

17 are authorized to be appropriated for each of fiscal years 

18 2005 through 2009 such sums as are necessary to carry 

19 out this section. 

20 SEC. 6. COLLEGE AND UNIVERSITY SECURITY ENHANCE21 MENTS. 

22 (a) IN GENERAL.—To enhance the security of public 

23 research facilities in the United States against threats 

24 posed by ecoterrorism, the Director of the National 

25 Science Foundation (hereinafter in this section referred to 
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1 as the ‘‘Director’’) shall make security upgrade and tech2 nical assistance grants on a competitive basis to colleges 

3 and universities. 

4 (b) LIMITATION ON GRANTS.—Grants to a recipient 

5 under this section shall not exceed $5,000,000 in any fis6 cal year. 

7 (c) REQUIREMENTS FOR GRANTS.—The Director 

8 shall make a grant under this section only if the grant 

9 applicant provides satisfactory assurances to the Director 

10 that—

11 (1) sufficient funds are available to pay the 

12 non-Federal share of the cost of the proposed secu13 rity upgrades; and 

14 (2) the proposed security upgrades meet such 

15 reasonable qualifications as may be established by 

16 the Director, including information relating to the 

17 security needs of the institution and requirements 

18 necessary to protect facilities, staff, and members of 

19 the public. 

20 (e) AMOUNT OF GRANT.—The amount of a grant 

21 awarded under this section shall be determined by the Sec22 retary. 

23 (f) FEDERAL SHARE.—The Federal share of the cost 

24 of any security upgrade carried out using funds from a 
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1 grant provided under this section shall not exceed 50 per2 cent. 

3 (g) ADDITIONAL REQUIREMENT.—The Director shall 

4 develop a comprehensive security report for colleges, uni5 versities and nonprofit organizations which examines the 

6 threat posed by animal and plant enterprise terrorism on 

7 research activities, and includes strategies for reducing 

8 this threat, including education, facility hardening, and co9 ordination with law enforcement officials. 

10 SEC. 7. NO SAFE HARBOR OR MATERIAL SUPPORT TO DO11 MESTIC TERRORISTS. 

12 (a) HARBORING OR CONCEALING TERRORISTS.—Sec13 tion 2339 of Title 18 is amended by striking ‘‘section 32 

14 (relating to destruction of aircraft or aircraft facilities),’’ 

15 and inserting ‘‘section 32 (relating to destruction of air16 craft or aircraft facilities, Section 43 (relating to animal 

17 and plant enterprise terrorism),’’. 

18 (b) PROVIDING MATERIAL SUPPORT TO TERROR19 ISTS.—Section 2339A of Title 18 is amended by striking 

20 ‘‘37,’’ and inserting ‘‘37, 43,’’. 

21 SEC. 8. DESIGNATION OF DOMESTIC TERRORIST ORGANI22 ZATIONS. 

23 (a) DESIGNATION.—

24 (1) IN GENERAL.—The Attorney General is au25 thorized to designate an organization as a domestic
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1 terrorist organization in accordance with this sub2 section if the Attorney General finds that—

3 (A) the organization is a domestic organi4 zation; 

5 (B) the organization engages in terrorist 

6 activity or retains the capability and intent to 

7 engage in terrorist activity; and 

8 (C) the terrorist activity or terrorism of 

9 the organization threatens the security of 

10 United States nationals or the national security 

11 of the United States. 

12 (2) PROCEDURE.—

13 (A) NOTICE.—

14 (i) TO CONGRESSIONAL LEADERS.—

15 Seven days before making a designation 

16 under this subsection, the Attorney Gen17 eral shall, by classified communication, no18 tify the Speaker and Minority Leader of 

19 the House of Representatives, the Presi20 dent pro tempore, Majority Leader, and 

21 Minority Leader of the Senate, and the 

22 members of the relevant committees of the 

23 House of Representatives and the Senate, 

24 in writing, of the intent to designate an or25 ganization under this subsection, together 
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1 with the findings made under paragraph 

2 (1) with respect to that organization, and 

3 the factual basis therefore. 

4 (ii) PUBLICATION IN FEDERAL REG5 ISTER.—The Secretary shall publish the 

6 designation in the Federal Register seven 

7 days after providing the notification under 

8 clause (i). 

9 (B) EFFECT OF DESIGNATION.—

10 (i) For purposes of section 2339B of 

11 title 18, a designation under this sub12 section shall take effect upon publication 

13 under subparagraph (A)(ii). 

14 (ii) Any designation under this sub15 section shall cease to have effect upon an 

16 Act of Congress disapproving such des17 ignation. 

18 (C) FREEZING OF ASSETS.—Upon notifica19 tion under paragraph (2)(A)(i), the Secretary of 

20 the Treasury may require United States finan21 cial institutions possessing or controlling any 

22 assets of any organization included in the noti23 fication to block all financial transactions in24 volving those assets until further directive from 
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1 either the Secretary of the Treasury, Act of 

2 Congress, or order of court. 

3 (3) RECORD.—

4 (A) IN GENERAL.—In making a designa5 tion under this subsection, the Attorney Gen6 eral shall create an administrative record. 

7 (B) CLASSIFIED INFORMATION.—The At8 torney General may consider classified informa9 tion in making a designation under this sub10 section. Classified information shall not be sub11 ject to disclosure for such time as it remains 

12 classified, except that such information may be 

13 disclosed to a court ex parte and in camera for 

14 purposes of judicial review under subsection (b) 

15 of this section. 

16 (4) PERIOD OF DESIGNATION.—

17 (A) IN GENERAL.—Subject to paragraphs 

18 (5) and (6), a designation under this subsection 

19 shall be effective for all purposes for a period 

20 of 2 years beginning on the effective date of the 

21 designation under paragraph (2)(B). 

22 (B) REDESIGNATION.—The Attorney Gen23 eral may redesignate an organization as a do24 mestic terrorist organization for an additional 

25 2-year period at the end of the 2-year period re-
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1 ferred to in subparagraph (A) (but not sooner 

2 than 60 days prior to the termination of such 

3 period) upon a finding that the relevant cir4 cumstances described in paragraph (1) still 

5 exist. The Attorney General also may redesig6 nate such organization at the end of any 2-year 

7 redesignation period (but not sooner than 60 

8 days prior to the termination of such period) 

9 for an additional 2-year period upon a finding 

10 that the relevant circumstances described in 

11 paragraph (1) still exist. Any redesignation 

12 shall be effective immediately following the end 

13 of the prior 2-year designation or redesignation 

14 period unless a different effective date is pro15 vided in such redesignation. The procedural re16 quirements of paragraphs (2) and (3) shall 

17 apply to a redesignation under this subpara18 graph. 

19 (5) REVOCATION BY ACT OF CONGRESS.—The 

20 Congress, by an Act of Congress, may block or re21 voke a designation made under paragraph (1). 

22 (6) REVOCATION BASED ON CHANGE IN CIR23 CUMSTANCES.—

24 (A) IN GENERAL.—The Attorney General 

25 may revoke a designation made under para-
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1 graph (1) or a redesignation made under para2 graph (4)(B) if the Attorney General finds 

3 that—

4 (i) the circumstances that were the 

5 basis for the designation or redesignation 

6 have changed in such a manner as to war7 rant revocation; or 

8 (ii) the national security of the United 

9 States warrants a revocation. 

10 (B) PROCEDURE.—The procedural require11 ments of paragraphs (2) and (3) shall apply to 

12 a revocation under this paragraph. Any revoca13 tion shall take effect on the date specified in 

14 the revocation or upon publication in the Fed15 eral Register if no effective date is specified. 

16 (7) EFFECT OF REVOCATION.—The revocation 

17 of a designation under paragraph (5) or (6), or the 

18 revocation of a redesignation under paragraph (6), 

19 shall not affect any action or proceeding based on 

20 conduct committed prior to the effective date of such 

21 revocation. 

22 (8) USE OF DESIGNATION IN TRIAL OR HEAR23 ING.—If a designation under this subsection has be24 come effective under paragraph (2)(B), or if a redes25 ignation under this subsection has become effective
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1 under paragraph (4)(B), a defendant in a criminal 

2 action or an alien in a removal proceeding shall not 

3 be permitted to raise any question concerning the 

4 validity of the issuance of such designation or redes5 ignation as a defense or an objection at any trial 

6 or hearing. 

7 (b) JUDICIAL REVIEW OF DESIGNATION.—

8 (1) IN GENERAL.—Not later than 30 days after 

9 publication of the designation in the Federal Reg10 ister, an organization designated as a domestic ter11 rorist organization may seek judicial review of the 

12 designation in the United States Court of Appeals 

13 for the District of Columbia Circuit. 

14 (2) BASIS OF REVIEW.—Review under this sub15 section shall be based solely upon the administrative 

16 record, except that the Government may submit, for 

17 ex parte and in camera review, classified information 

18 used in making the designation. 

19 (3) SCOPE OF REVIEW.—The Court shall hold 

20 unlawful and set aside a designation the court finds 

21 to be—

22 (A) arbitrary, capricious, an abuse of dis23 cretion, or otherwise not in accordance with 

24 law; 
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1 (B) contrary to constitutional right, power, 

2 privilege, or immunity; 

3 (C) in excess of statutory jurisdiction, au4 thority, or limitation, or short of statutory 

5 right; 

6 (D) lacking substantial support in the ad7 ministrative record taken as a whole or in clas8 sified information submitted to the court under 

9 paragraph (2); or 

10 (E) not in accord with the procedures re11 quired by law. 

12 (4) JUDICIAL REVIEW INVOKED.—The pend13 ency of an action for judicial review of a designation 

14 shall not affect the application of this section, unless 

15 the court issues a final order setting aside the des16 ignation. 

17 (c) DEFINITIONS.—As used in this section—

18 (1) the term ‘‘terrorist activity’’ has the mean19 ing given that term in section 212 of the Immigra20 tion and Nationality Act (18 U.S.C. 1182); 

21 (2) the term ‘‘classified information’’ has the 

22 meaning given that term in section 1(a) of the Clas23 sified Information Procedures Act (18 U.S.C. App.); 
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1 (3) the term ‘‘national security’’ means the na2 tional defense, foreign relations, or economic inter3 ests of the United States; and 

4 (4) the term ‘‘relevant committees’’ means the 

5 Committees on the Judiciary of the House and Sen6 ate. 

7 SEC. 9. REPORT ON DOMESTIC TERRORIST ORGANIZA8 TIONS. 

9 (a) IN GENERAL.—The Director of the Federal Bu10 reau of Investigations shall transmit to the Speaker of the 

11 House of Representatives and the Committee on Judiciary 

12 of the Senate, by April 30 of each year, a full and complete 

13 report providing—

14 (1) detailed lists of all domestic acts of ter15 rorism that were, in the opinion of the Director, of 

16 significance including the date, type of act, and 

17 property damages, injuries, or deaths; 

18 (2) all relevant information about the activities 

19 during the preceding year of any domestic terrorist 

20 group, and any umbrella group under which such 

21 terrorist group falls, known to be responsible for ter22 rorist activities in the United States in the previous 

23 five years, including details on finances of the ter24 rorist group; and, 
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1 (3) A review of major domestic 

2 counterterrorism efforts undertaken in the previous 

3 year. 

4 (b) CLASSIFICATION OF REPORT.—The report re5 quired in paragraph (a) shall, to the extent practicable, 

6 be submitted in an unclassified form and may be accom7 panied by a classified annex. 

8 (c) DEFINITIONS.—

9 (1) In this section, the term ‘‘domestic ter10 rorism’’ has the same definition as at 18 U.S.C. 

11 2331. 

12 SEC. 10. SUSPENSION OF TAX-EXEMPT STATUS OF TER13 RORIST ORGANIZATIONS. 

14 (a) IN GENERAL.—Section 501 of the Internal Rev15 enue Code of 1986 (relating to exemption from tax on cor16 porations, certain trusts, etc.) is amended by redesig17 nating subsection (p) as subsection (q) and by inserting 

18 after subsection (o) the following new subsection: 

19 ‘‘(p) SUSPENSION OF TAX-EXEMPT STATUS OF TER20 RORIST ORGANIZATIONS.—

21 ‘‘(1) IN GENERAL.—The exemption from tax 

22 under subsection (a) with respect to any organiza23 tion described in paragraph (2), and the eligibility of 

24 any organization described in paragraph (2) to apply 

25 for recognition of exemption under subsection (a),
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1 shall be suspended during the period described in 

2 paragraph (3). 

3 ‘‘(2) TERRORIST ORGANIZATIONS.—An organi4 zation is described in this paragraph if such organi5 zation is designated or otherwise individually identi6 fied by the Attorney General as a domestic terrorist 

7 organization under section 8 of the Ecoterrorism 

8 Prevention Act. 

9 ‘‘(3) PERIOD OF SUSPENSION.—With respect to 

10 any organization described in paragraph (2), the pe11 riod of suspension—

12 ‘‘(A) begins on the later of—

13 ‘‘(i) the date of the first publication of 

14 a designation or identification described in 

15 paragraph (2) with respect to such organi16 zation, or 

17 ‘‘(ii) the date of the enactment of this 

18 subsection, and 

19 ‘‘(B) ends on the first date that all des20 ignations and identifications described in para21 graph (2) with respect to such organization are 

22 rescinded pursuant to the law or Executive 

23 order under which such designation or identi24 fication was made. 
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1 ‘‘(4) DENIAL OF DEDUCTION.—No deduction 

2 shall be allowed under section 170, 545(b)(2), 

3 556(b)(2), 642(c), 2055, 2106(a)(2), or 2522 for 

4 any contribution to an organization described in 

5 paragraph (2) during the period described in para6 graph (3). 

7 ‘‘(5) DENIAL OF ADMINISTRATIVE OR JUDICIAL

8 CHALLENGE OF SUSPENSION OR DENIAL OF DEDUC9 TION.—Notwithstanding section 7428 or any other 

10 provision of law, no organization or other person 

11 may challenge a suspension under paragraph (1), a 

12 designation or identification described in paragraph 

13 (2), the period of suspension described in paragraph 

14 (3), or a denial of a deduction under paragraph (4) 

15 in any administrative or judicial proceeding relating 

16 to the Federal tax liability of such organization or 

17 other person. 

18 ‘‘(6) ERRONEOUS DESIGNATION.—

19 ‘‘(A) IN GENERAL.—If—

20 ‘‘(i) the tax exemption of any organi21 zation described in paragraph (2) is sus22 pended under paragraph (1); 

23 ‘‘(ii) each designation and identifica24 tion described in paragraph (2) which has 

25 been made with respect to such organiza-
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1 tion is determined to be erroneous pursu2 ant to the law or Executive order under 

3 which such designation or identification 

4 was made; and 

5 ‘‘(iii) the erroneous designations and 

6 identifications result in an overpayment of 

7 income tax for any taxable year by such 

8 organization, 

9 credit or refund (with interest) with respect to 

10 such overpayment shall be made. 

11 ‘‘(B) WAIVER OF LIMITATIONS.—If the 

12 credit or refund of any overpayment of tax de13 scribed in subparagraph (A)(iii) is prevented at 

14 any time by the operation of any law or rule of 

15 law (including res judicata), such credit or re16 fund may nevertheless be allowed or made if the 

17 claim therefore is filed before the close of the 

18 1-year period beginning on the date of the last 

19 determination described in subparagraph 

20 (A)(ii). 

21 ‘‘(7) NOTICE OF SUSPENSIONS.—If the tax ex22 emption of any organization is suspended under this 

23 subsection, the Internal Revenue Service shall up24 date the listings of tax-exempt organizations and 

25 shall publish appropriate notice to taxpayers of such 
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1 suspension and of the fact that contributions to such 

2 organization are not deductible during the period of 

3 such suspension.’’. 

4 (b) EFFECTIVE DATE.—The amendments made by 

5 this section shall apply to designations made before, on, 

6 or after the date of the enactment of this Act.

Æ