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SECTION 1. SHORT TITLE.

This Act may be cited as the ''Animal Enterprise Terrorism Act''.

SEC. 2. INCLUSION OF ECONOMIC DAMAGE TO ANIMAL ENTERPRISES AND THREATS
OF DEATH AND SERIOUS BODILY INJURY TO ASSOCIATED PERSONS.

(a) In General.--Section 43 of title 18, United States Code, is
amended to read as follows:

''Sec. 43. Force, violence, and threats involving animal enterprises

''(a) Offense.--Whoever travels in interstate or foreign commerce,
or uses or causes to be used the mail or any facility of interstate or
foreign commerce--
''(1) for the purpose of damaging or interfering with the
operations of an animal enterprise; and
''(2) in connection with such purpose--
''(A) intentionally damages or causes the loss of any real
or personal property (including animals or records) used by an
animal enterprise, or any real or personal property of a person
or entity having a connection to, relationship with, or
transactions with an animal enterprise;
''(B) intentionally places a person in reasonable fear of
the death of, or serious bodily injury to that person, a member
of the immediate family (as defined in section 115) of that
person, or a spouse or intimate partner of that person by a
course of conduct involving threats, acts of vandalism,
property damage, criminal trespass, harassment, or
intimidation; or
''(C) conspires or attempts to do so;
shall be punished as provided for in subsection (b).
''(b) Penalties.--The punishment for a violation of section (a) or
an attempt or conspiracy to violate subsection (a) shall be--
''(1) a fine under this title or imprisonment not more than 1
year, or both, if the offense does not instill in another the
reasonable fear of serious bodily injury or death and--
''(A) the offense results in no economic damage or bodily
injury; or
''(B) the offense results in economic damage that does not
exceed $10,000;
''(2) a fine under this title or imprisonment for not more than
5 years, or both, if no bodily injury occurs and--
''(A) the offense results in economic damage exceeding
$10,000 but not exceeding $100,000; or
''(B) the offense instills in another the reasonable fear
of serious bodily injury or death;
''(3) a fine under this title or imprisonment for not more than
10 years, or both, if--
''(A) the offense results in economic damage exceeding
$100,000; or
''(B) the offense results in substantial bodily injury to
another individual;
''(4) a fine under this title or imprisonment for not more than
20 years, or both, if--
''(A) the offense results in serious bodily injury to
another individual; or
''(B) the offense results in economic damage exceeding
$1,000,000; and
''(5) imprisonment for life or for any terms of years, a fine
under this title, or both, if the offense results in death of
another individual.
''(c) Restitution.--An order of restitution under section 3663 or
3663A of this title with respect to a violation of this section may
also include restitution--
''(1) for the reasonable cost of repeating any experimentation
that was interrupted or invalidated as a result of the offense;
''(2) for the loss of food production or farm income reasonably
attributable to the offense; and
''(3) for any other economic damage, including any losses or
costs caused by economic disruption, resulting from the offense.
''(d) Definitions.--As used in this section--
''(1) the term 'animal enterprise' means--
''(A) a commercial or academic enterprise that uses or
sells animals or animal products for profit, food or fiber
production, agriculture, education, research, or testing;
''(B) a zoo, aquarium, animal shelter, pet store, breeder,
furrier, circus, or rodeo, or other lawful competitive animal
event; or
''(C) any fair or similar event intended to advance
agricultural arts and sciences;
''(2) the term 'course of conduct' means a pattern of conduct
composed of 2 or more acts, evidencing a continuity of purpose;
''(3) the term 'economic damage'--
''(A) means the replacement costs of lost or damaged
property or records, the costs of repeating an interrupted or
invalidated experiment, the loss of profits, or increased
costs, including losses and increased costs resulting from
threats, acts or vandalism, property damage, trespass,
harassment, or intimidation taken against a person or entity on
account of that person's or entity's connection to,
relationship with, or transactions with the animal enterprise;
but
''(B) does not include any lawful economic disruption
(including a lawful boycott) that results from lawful public,
governmental, or business reaction to the disclosure of
information about an animal enterprise;
''(4) the term 'serious bodily injury' means--
''(A) injury posing a substantial risk of death;
''(B) extreme physical pain;
''(C) protracted and obvious disfigurement; or
''(D) protracted loss or impairment of the function of a
bodily member, organ, or mental faculty; and
''(5) the term 'substantial bodily injury' means--
''(A) deep cuts and serious burns or abrasions;
''(B) short-term or nonobvious disfigurement;
''(C) fractured or dislocated bones, or torn members of the
body;
''(D) significant physical pain;
''(E) illness;
''(F) short-term loss or impairment of the function of a
bodily member, organ, or mental faculty; or
''(G) any other significant injury to the body.
''(e) Rules of Construction.--Nothing in this section shall be
construed--
''(1) to prohibit any expressive conduct (including peaceful
picketing or other peaceful demonstration) protected from legal
prohibition by the First Amendment to the Constitution;
''(2) to create new remedies for interference with activities
protected by the free speech or free exercise clauses of the First
Amendment to the Constitution, regardless of the point of view
expressed, or to limit any existing legal remedies for such
interference; or
''(3) to provide exclusive criminal penalties or civil remedies
with respect to the conduct prohibited by this action, or to
preempt State or local laws that may provide such penalties or
remedies.''.
(b) Clerical Amendment.--The item relating to section 43 in the
table of sections at the beginning of chapter 3 of title 18, United
States Code, is amended to read as follows:

''43. Force, violence, and threats involving animal enterprises.''.

Speaker of the House of Representatives.

Vice President of the United States and
President of the Senate.
Animal Enterprise Terrorism Act - Amends the federal criminal code to revise criminal prohibitions against damaging or interfering with the operations of an animal enterprise to include intentional damage or loss to any real or personal property and intentional threats of death or serious bodily injury against individuals (or their family members, spouses, or intimate partners) who are involved with animal enterprises. Expands such crime to include conspiracies and attempts. Revises and increases monetary and criminal penalties for such crime.

Modifies the definition of "animal enterprise" to include: (1) an enterprise that uses or sells animals or animal products for profit for educational purposes; and (2) an animal shelter, pet store, breeder, or furrier.

Provides that expressive conduct (including picketing or other peaceful demonstration) protected by the First Amendment is not prohibited by this Act.