I
107TH CONGRESS
1ST SESSION
H. R. 2795
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 de-
structive conduct that is intended to injure, intimidate, or interfere
with plant or animal enterprises, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
AUGUST 2, 2001
Mr. NETHERCUTT (for himself, Mr. CHAMBLISS, and Mr. CUNNINGHAM) in-
troduced the following bill; which was referred to the Committee on the
Judiciary
A BILL
To amend title 18, United States Code, to protect and pro-
mote the public safety and interstate commerce by estab-
lishing 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 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 (other than in subsection (d)(1)) and in-
serting ‘‘animal or plant enterprise’’;
(3) in subsection (a)(2)—
(A) by inserting ‘‘plants,’’ after ‘‘includ-
ing’’; 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 con-
tains animal or plant material;
‘‘(B) a zoo, aquarium, circus, rodeo or
other entity that exhibits or uses animals or
plants for educational or entertainment pur-
poses;
‘‘(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 re-
searchers intended to advance agricultural or
biomedical arts and sciences, or the offices or
facilities of any other enterprise or event de-
scribed 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) di-
rectly 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
tutition 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 para-
graph (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 (includ-
ing any plant part) used for, or that is capable of,
propagation, including a tree, a tissue culture, pol-
len, a shrub, a vine, a cutting, a graft, a scion, a
bud, a bulb, a root, a seed, or any plant genetic ma-
terial 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—
(1) in subsection (a), by striking ‘‘one year’’
and inserting ‘‘five years’’;
(2) in subsection (b)—
(A) by redesignating paragraph (2) as
paragraph (3);
(B) by inserting after paragraph (1) the
following:
‘‘(2) 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.’’; 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.’’; and
(3) in subsection (c)—
(A) by striking ‘‘and’’ at the end of para-
graph (1);
(B) by striking the period at the end of
paragraph (2) and inserting ‘‘; and’’; and
(C) by adding at the end the following:
‘‘(3) for any other economic damage resulting
from the violation of this section.’’.
SEC. 4. ANIMAL AND AGROTERRORISM CONSPIRACY PRE-
VENTION.
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—
(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 and 2003.
(c) DEFINITION.—In this section, the term ‘‘Direc-
tor’’ means the Director of the National Science Founda-
tion.
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