SEC. 3. ENHANCEMENT OF PENALTIES FOR ANIMAL AND 
PLANT ENTERPRISE TERRORISM. 
Section 43 of title 18, United States Code, is amend-
ed in subsection (b)—
(1) by redesignating paragraph (4) as para-
graph (5); 
(2) by inserting after paragraph (3) the fol-
lowing: 
‘‘(4) EXPLOSIVES OR ARSON.—Whoever in the 
course of a violation of subsection (a) maliciously 
damages or destroys, or attempts to damage or de-
stroy, 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 con-
trol over that other’s property by threatening to violate 
section 43’’ after ‘‘official right’’.
SEC. 5. NATIONAL ECOTERRORISM INCIDENT CLEARING-
HOUSE. 
(a) IN GENERAL.—The Director of the Federal Bu-
reau of Investigation (hereinafter in this section referred 
to as the ‘‘Director’’) shall establish and maintain a na-
tional 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 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; 
(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); and 
(4) provide all-source integrated analysis to 
other Federal agencies and State and local law en-
forcement 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 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, the Department of Homeland Secu-
rity, 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 ENHANCE-
MENTS. 
(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 tech-
nical 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 fis-
cal 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 secu-
rity 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 Sec-
retary. 
(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 per-
cent. 
(g) ADDITIONAL REQUIREMENT.—The Director shall 
develop a comprehensive security report for colleges, uni-
versities 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 co-
ordination with law enforcement officials. 
SEC. 7. NO SAFE HARBOR OR MATERIAL SUPPORT TO DO-
MESTIC TERRORISTS. 
(a) HARBORING OR CONCEALING TERRORISTS.—Sec-
tion 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 air-
craft or aircraft facilities, Section 43 (relating to animal 
and plant enterprise terrorism),’’. 
(b) PROVIDING MATERIAL SUPPORT
TO TERROR-
ISTS.—Section 2339A of Title 18 is amended by striking 
‘‘37,’’ and inserting ‘‘37, 43,’’. 
SEC. 8. DESIGNATION OF DOMESTIC TERRORIST ORGANI-
ZATIONS. 
(a) DESIGNATION.—
(1) IN GENERAL.—The Attorney General is au-
thorized to designate an organization as a domestic
terrorist organization in accordance with this sub-
section if the Attorney General finds that—
(A) the organization is a domestic organi-
zation; 
(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 Gen-
eral shall, by classified communication, no-
tify the Speaker and Minority Leader of 
the House of Representatives, the Presi-
dent 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 or-
ganization 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 REG-
ISTER.—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 sub-
section shall take effect upon publication 
under subparagraph (A)(ii). 
(ii) Any designation under this sub-
section shall cease to have effect upon an 
Act of Congress disapproving such des-
ignation. 
(C) FREEZING OF ASSETS.—Upon notifica-
tion under paragraph (2)(A)(i), the Secretary of 
the Treasury may require United States finan-
cial institutions possessing or controlling any 
assets of any organization included in the noti-
fication to block all financial transactions in-
volving 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 designa-
tion under this subsection, the Attorney Gen-
eral shall create an administrative record. 
(B) CLASSIFIED INFORMATION.—The At-
torney General may consider classified informa-
tion in making a designation under this sub-
section. Classified information shall not be sub-
ject 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 Gen-
eral may redesignate an organization as a do-
mestic terrorist organization for an additional 
2-year period at the end of the 2-year period re-
ferred to in subparagraph (A) (but not sooner 
than 60 days prior to the termination of such 
period) upon a finding that the relevant cir-
cumstances described in paragraph (1) still 
exist. The Attorney General also may redesig-
nate 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 pro-
vided in such redesignation. The procedural re-
quirements of paragraphs (2) and (3) shall 
apply to a redesignation under this subpara-
graph. 
(5) REVOCATION BY ACT OF CONGRESS.—The 
Congress, by an Act of Congress, may block or re-
voke a designation made under paragraph (1). 
(6) REVOCATION BASED ON CHANGE IN CIR-
CUMSTANCES.—
(A) IN GENERAL.—The Attorney General 
may revoke a designation made under para-
graph (1) or a redesignation made under para-
graph (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 war-
rant revocation; or 
(ii) the national security of the United 
States warrants a revocation. 
(B) PROCEDURE.—The procedural require-
ments of paragraphs (2) and (3) shall apply to 
a revocation under this paragraph. Any revoca-
tion shall take effect on the date specified in 
the revocation or upon publication in the Fed-
eral 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 HEAR-
ING.—If a designation under this subsection has be-
come effective under paragraph (2)(B), or if a redes-
ignation 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 redes-
ignation 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 Reg-
ister, an organization designated as a domestic ter-
rorist 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 sub-
section 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 dis-
cretion, or otherwise not in accordance with 
law;
(B) contrary to constitutional right, power, 
privilege, or immunity; 
(C) in excess of statutory jurisdiction, au-
thority, or limitation, or short of statutory 
right; 
(D) lacking substantial support in the ad-
ministrative record taken as a whole or in clas-
sified information submitted to the court under 
paragraph (2); or 
(E) not in accord with the procedures re-
quired by law. 
(4) JUDICIAL
REVIEW
INVOKED.—The pend-
ency 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 des-
ignation. 
(c) DEFINITIONS.—As used in this section—
(1) the term ‘‘terrorist activity’’ has the mean-
ing given that term in section 212 of the Immigra-
tion 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 Clas-
sified Information Procedures Act (18 U.S.C. App.);
(3) the term ‘‘national security’’ means the na-
tional defense, foreign relations, or economic inter-
ests of the United States; and 
(4) the term ‘‘relevant committees’’ means the 
Committees on the Judiciary of the House and Sen-
ate. 
SEC. 9. REPORT ON DOMESTIC TERRORIST ORGANIZA-
TIONS. 
(a) IN GENERAL.—The Director of the Federal Bu-
reau 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 ter-
rorism 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 ter-
rorist activities in the United States in the previous 
five years, including details on finances of the ter-
rorist group; and,
(3) 
A 
review 
of 
major 
domestic 
counterterrorism efforts undertaken in the previous 
year. 
(b) CLASSIFICATION OF REPORT.—The report re-
quired in paragraph (a) shall, to the extent practicable, 
be submitted in an unclassified form and may be accom-
panied by a classified annex. 
(c) DEFINITIONS.—
(1) In this section, the term ‘‘domestic ter-
rorism’’ has the same definition as at 18 U.S.C. 
2331. 
SEC. 10. SUSPENSION OF TAX-EXEMPT STATUS OF TER-
RORIST ORGANIZATIONS. 
(a) IN GENERAL.—Section 501 of the Internal Rev-
enue Code of 1986 (relating to exemption from tax on cor-
porations, certain trusts, etc.) is amended by redesig-
nating subsection (p) as subsection (q) and by inserting 
after subsection (o) the following new subsection: 
‘‘(p) SUSPENSION OF TAX-EXEMPT STATUS OF TER-
RORIST ORGANIZATIONS.—
‘‘(1) IN
GENERAL.—The exemption from tax 
under subsection (a) with respect to any organiza-
tion 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 organi-
zation is described in this paragraph if such organi-
zation is designated or otherwise individually identi-
fied 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 pe-
riod 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 organi-
zation, or 
‘‘(ii) the date of the enactment of this 
subsection, and 
‘‘(B) ends on the first date that all des-
ignations and identifications described in para-
graph (2) with respect to such organization are 
rescinded pursuant to the law or Executive 
order under which such designation or identi-
fication was made.