I
107TH CONGRESS
1ST SESSION
H. R. 2060
To prevent plant enterprise terrorism.
IN THE HOUSE OF REPRESENTATIVES
JUNE 5, 2001
Mr. NETHERCUTT introduced the following bill; which was referred to the
Committee on the Judiciary, and in addition to the Committee on
Science, for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within the jurisdic-
tion of the committee concerned
A BILL
To prevent plant enterprise terrorism.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Agroterrorism Preven-
tion 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
‘‘§ 43. Animal and plant enterprise terrorism’’;
(2) by striking ‘‘animal enterprise’’ each place
it appears and inserting ‘‘animal or plant enter-
prise’’;
(3) in subsection (a)(2)—
(A) by inserting ‘‘plants,’’ after ‘‘includ-
ing’’;
(B) by inserting a comma after ‘‘animals’’;
(4) in subsection (d)(1), by striking ‘‘animal en-
terprise’’ and inserting ‘‘animal or plant enterprise’’;
(5) in subsection (d)(1)(A), by inserting ‘‘or
plants’’ after ‘‘animals’’;
(6) in subsection (d)(1)(B)—
(A) by inserting ‘‘botanical exhibit,’’ after
‘‘rodeo’’; and
(B) by inserting ‘‘or plant’’ after ‘‘animal’’;
and
(7) in subsection (d)—
(A) by striking ‘‘and’’ at the end of para-
graph (3);
(B) by striking the period at the end of
paragraph (4) and inserting ‘‘; and’’; and
(C) by adding at the end the following:
‘‘(5) the term ‘plant’ means any plant (in-
cluding any plant part) used for, or that is ca-
pable 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 bac-
teria, 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.’’.
(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’’; and
(2) in subsection (b)—
(A) by redesignating paragraph (2) as
paragraph (3);
(B) by inserting after paragraph (1) the
following new paragraph (2):
‘‘(2) EXPLOSIVES OR ARSON.—Who-
ever in the course of a violation of sub-
section (a) maliciously damages or de-
stroys, or attempts to damage or destroy,
by means of fire or an explosive, any build-
ing, vehicle, or other real or personal prop-
erty 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.’’.
SEC. 4. RICO.
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, sec-
tion 201’’.
SEC. 5. NATIONAL AGROTERRORISM INCIDENT CLEARING-
HOUSE.
(a) IN GENERAL.—The Director shall establish and
maintain a national clearinghouse for information on inci-
dents of crime and terrorism—
(1) committed against or directed at any animal
or plant enterprise;
(2) committed against or directed at any com-
mercial activity because of the perceived impact or
effect of such commercial activity on the environ-
ment; 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 sub-
mitted 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 pur-
poses 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 informa-
tion to assist in the investigation of an incident de-
scribed 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 clearing-
house shall be designed for maximum ease of use by par-
ticipating law enforcement agencies.
(e) PUBLICITY.—The Director shall publicize the ex-
istence 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 re-
sources of any other department or agency of the
Federal Government; and
(2) accept assistance and information from pri-
vate organizations or individuals.
(g) COORDINATION.—The Director shall carry out
the Director’s responsibilities under this section in co-
operation with the Director of the Bureau of Alcohol, To-
bacco, 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 PRO-
GRAMS.
(a) IN GENERAL.—
(1) 
GRANTS
AUTHORIZED.—The 
Director
shall—
(A) award grants on a competitive basis to
colleges and universities for technical assist-
ance, threat and risk assessments, and other
activities related to improving security at indi-
vidual research universities; and
(B) develop a comprehensive security re-
port for universities, colleges and nonprofit or-
ganizations which examines the threat posed by
animal and plant enterprise terrorism on re-
search activities, and includes strategies for re-
ducing this threat, including education, facility
hardening, and coordination with law enforce-
ment.
(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 secu-
rity 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, 2003.
(c) DEFINITION.—In this section, the term ‘‘Direc-
tor’’ means the Director of the National Science Founda-
tion.
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