[House Report 114-889]
[From the U.S. Government Publishing Office]
114th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 114-889
======================================================================
CRIMINAL CODE IMPROVEMENT ACT OF 2015
_______
December 23, 2016.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Goodlatte, from the Committee on the Judiciary, submitted the
following
R E P O R T
[To accompany H.R. 4002]
[Including cost estimate of the Congressional Budget Office]
The Committee on the Judiciary, to whom was referred the
bill (H.R. 4002) to amend title 18, United States Code, to make
various improvements in Federal criminal law, and for other
purposes, having considered the same, reports favorably thereon
without amendment and recommends that the bill do pass.
CONTENTS
Page
Purpose and Summary.............................................. 1
Background and Need for the Legislation.......................... 2
Hearings......................................................... 22
Committee Consideration.......................................... 22
Committee Votes.................................................. 22
Committee Oversight Findings..................................... 22
New Budget Authority and Tax Expenditures........................ 22
Congressional Budget Office Cost Estimate........................ 22
Duplication of Federal Programs.................................. 24
Disclosure of Directed Rule Makings.............................. 24
Performance Goals and Objectives................................. 24
Advisory on Earmarks............................................. 24
Section-by-Section Analysis...................................... 24
Changes in Existing Law Made by the Bill, as Reported............ 25
Purpose and Summary
H.R. 4002, the ``Criminal Code Improvement Act of 2015,''
amends chapter 1 of title 18, U.S. Code (the Federal Criminal
Code), in three significant ways. First, it reorganizes the
general provisions that appear at the beginning of chapter 1,
leaving the vast majority of them intact. Second, it provides a
default mens rea standard that applies for all crimes
prosecuted in Federal courts, unless another mens rea standard
has been provided by law, including statutory and well-
established case law. Third, it creates uniform definitions for
several terms that are used frequently throughout title 18.
Background and Need for the Legislation
In early 2015, Chairman Goodlatte and Ranking Members
Conyers created a Criminal Justice Reform Initiative at the
Judiciary Committee, to address the significant Congressional
interest in criminal justice reform from Members who do and do
not serve on the Judiciary Committee. The purpose of the
Initiative is to develop bipartisan legislation to address
several facets of the Federal criminal justice system,
including over-criminalization, sentencing reform, prison and
reentry reform, protecting citizens through improved criminal
procedures and policing strategies, and civil asset forfeiture
reform. In addressing these issues, the Committee will rely on
the work of the Over-Criminalization Task Force, which held
nine hearings on a variety of criminal justice topics during
the 113th Congress, as well as the information provided to the
Committee by interested Members during the Committee's public
listening session in June 2015.
As part of the Initiative, and following up on the Task
Force's work, the Committee has reported several bills dealing
with over-criminalization. H.R. 4002, the ``Criminal Code
Improvement Act of 2015,'' is a bill that makes several changes
to title 18, U.S. Code (the Federal criminal code). The most
high-profile change is the establishment of a default mens rea
standard, which applies for all crimes prosecuted in Federal
courts, unless another mens rea standard has been provided by
law, including statutorily or via well-established case law.
During the pendency of the Task Force, a common criticism
leveled against the expansion of the Federal criminal code was
that along with it has come an erosion of the mens rea
requirement. Mens rea (``guilty mind'') is the state of mind
the government, to secure a conviction, must prove that a
defendant had when committing a crime. ``Mens rea elements,
such as specific intent, willful intent, and the knowledge of
specific facts constituting the offense, are a part of nearly
all common-law crimes.''\1\ Common law required the convergence
of harmful conduct (the actus reus) with a culpable mental
state (mens rea) in order to find an individual guilty of a
crime.
---------------------------------------------------------------------------
\1\William R. Maurer & David Malmstrom, The Explosion of the
Criminal Law and Its Cost to Individuals, Economic Opportunity, and
Society, The Federalist Society (2010), available at http://www.fed-
soc.org/doclib/20100125_CriminalLawCosts.pdf; see also John S. Baker,
Jr., Legal Memorandum: Revisiting the Explosive Growth of Federal
Crimes, The Heritage Foundation, No. 26 (Jun. 16, 2008), at 6.
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Historically, most common law crimes prohibited conduct
that was malum in se, meaning an inherently immoral act such as
murder, arson, or rape. There were a smaller number of malum
prohibitum offenses, where authorities and legislators had
decided the conduct, though not inherently immoral, was
nevertheless problematic and should be penalized. Today,
however, with an ever-increasing labyrinth of Federal
regulations, a far greater number of new Federal crimes address
conduct that is malum prohibitum--i.e., it is a crime merely
because Congress has chosen to prohibit it via statute.
Many Federal statutes also apply criminal penalties to
violations of Federal regulations promulgated pursuant to the
statute. Criminal penalties may therefore apply to infractions
as minor as misfiled or unfiled paperwork, fishing without a
permit, shipping items safely but in a manner inconsistent with
Federal regulations, or other purely regulatory violations.
Aside from the issues raised with exposing an individual to
incarceration for a regulatory offense, many such provisions
have departed from the traditional notion of mens rea by either
requiring no mental state or much lower mental states to be
proven.
This erosion of mens rea calls into question the propriety
of criminal prosecutions, particularly those that carry felony-
level penalties, for conduct that lacks the traditional notions
of criminal intent and is not inherently immoral. Charging
someone with a crime when he was not aware that his conduct was
illegal erodes public support and respect for the rule of law
and promotes contempt for the legal system, as well as a lack
of respect for authority.
In April 2010, the Heritage Foundation and the National
Association of Criminal Defense Lawyers published a report
entitled Without Intent: How Congress is Eroding the Criminal
Intent Requirement in Federal Law.\2\ This report presents the
results of a study of legislation containing criminal offenses
introduced in the 109th Congress.
---------------------------------------------------------------------------
\2\Brian W. Walsh & Tiffany M. Joslyn, Without Intent: How Congress
is Eroding the Criminal Intent Requirement in Federal Law, available at
http://report.heritage.org/sr0077.
---------------------------------------------------------------------------
The study examined whether Congress included meaningful
mens rea requirements in the scores of non-violent and non-drug
criminal offenses that Congress considered. The authors and
their researchers analyzed the non-violent criminal offenses in
203 bills (128 from the House and 75 from the Senate)
introduced during the course of the 109th Congress. Because
many of the bills included more than one criminal offense
meeting the study's criteria, the number of criminal offenses
included in the study (446) is greater than the number of
bills. Each offense's mens rea requirement was analyzed and
graded as Strong, Moderate, Weak, or None.
The study found that over 57 percent of the offenses
considered by the 109th Congress contained mens rea
requirements classified as ``weak'' or ``none,'' putting the
innocent at risk of criminal punishment. This study also found
consistently poor legislative drafting and broad delegation of
Congress's authority to make criminal laws to unelected
officials in administrative agencies--that is, criminalization
by regulation. Of the 203 bills studied, 13 (6.4 percent) were
enacted into law, an enactment rate that is 45 percent higher
than the rate for all bills introduced in the 109th Congress.
The study identified three main causes of Congress's
failure to include meaningful mens rea requirements in criminal
offenses. First, there is the fragmented and disjointed process
for creating and modifying criminal offenses. Despite the House
and Senate Judiciary Committees' expertise and subject-matter
jurisdiction, over half (52 percent) of the offenses noted in
the study were not referred to either committee for oversight.
Second is the number of proposed criminal offenses.
Crafting offenses that properly channel the Federal
Government's power to impose criminal punishment demands
substantial debate and deliberation. However, in the 109th
Congress, so many bills (203) were proposed containing so many
non-violent offenses (446) that it is unreasonable to expect
any substantial proportion of these offenses could have
received adequate legislative oversight and scrutiny. According
to the study, these numbers would rise even higher if they
included the enormous number of bills containing criminal
offenses that concern firearms, possession or trafficking of
drugs or pornography, immigration violations, and intentional
violence. In 2014, the Congressional Research Service reported
that Congress enacted 403 new criminal offenses from 2008-2013,
which brings the total number of statutory criminal offenses to
nearly 5,000.\3\
---------------------------------------------------------------------------
\3\The CRS memo is attached as Appendix A.
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Third, Congress's choice to delegate its criminal lawmaking
authority to executive agencies has grown more common. This
study identified at least 63 offenses that, if enacted, would
hand over this authority to unelected agency officials. That
constitutes 14 percent of the offenses included in the study.
The study's totals and percentages do not account for the many
additional criminal offenses that Federal agencies would be
authorized to create in this manner.
One encouraging finding of the study is that oversight by
the House Judiciary Committee does improve the quality of mens
rea requirements. ``Oversight'' refers to the committee marking
up a bill or reporting it out of committee for consideration by
the full House of Representatives. Based upon this analysis,
and upon the specific criminal law jurisdiction and expertise
of the House and Senate Judiciary Committees, automatic
sequential referral of all bills adding or modifying criminal
offenses to these two committees is likely to improve mens rea
requirements.
H.R. 4002 was produced by the Judiciary Committee, in part,
in response to this important work. It makes a number of
important changes to title 18 of the U.S. Code. This includes
both substantive changes (such as clarifying the application of
a default mens rea standard of ``knowingly,'' which will apply
in cases where Federal criminal law, including longstanding
statutory law and established case-law, does not provide a
state of mind requirement for the particular offense) and
``housekeeping'' changes (such as the imposition of a single
definition of the term ``State,'' and the elimination of
additional, repetitive definitions).
H.R. 4002 also provides that, in situations where a
reasonable person in the same or similar circumstances would
not know, or would not have reason to believe, that his conduct
was unlawful, the Government must prove that the defendant
knew, or had reason to believe, the conduct was unlawful. This
provision will address the problem of inadequate criminal
intent requirements in crimes created by agency regulation--or
malum prohibitum crimes.
H.R. 4002 is a very carefully crafted bill, which is
intended to apply in narrow circumstances. Its intent is not to
supersede existing intent requirements in Federal criminal
statutes. Its intent is not to require Federal courts to apply
a ``knowingly'' standard in areas where the caselaw is settled.
Its intent is not to impose a ``knowingly'' requirement for
every element of every statute. Rather, its intent is to impose
a ``knowingly'' mens rea requirement in Federal statutes that
do not currently contain such a provision, to protect American
citizens who did not know or have reason to know that they were
violating Federal law, and to curb strict liability
criminalization.
APPENDIX A
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
__________
Hearings
The Committee on the Judiciary held no hearings on H.R.
4002. However, from June 2013 to August 2014, the Committee's
Over-Criminalization Task Force held multiple hearings on
criminal justice issues, including a hearing on the need for
meaningful intent requirements in Federal criminal law on July
19, 2013.
Committee Consideration
On November 18, 2015, the Committee met in open session and
ordered the bill H.R. 4002 favorably reported, without
amendment, by voice vote, a quorum being present.
Committee Votes
In compliance with clause 3(b) of rule XIII of the Rules of
the House of Representatives, the Committee advises that there
were no recorded votes during the Committee's consideration of
H.R. 4002.
Committee Oversight Findings
In compliance with clause 3(c)(1) of rule XIII of the Rules
of the House of Representatives, the Committee advises that the
findings and recommendations of the Committee, based on
oversight activities under clause 2(b)(1) of rule X of the
Rules of the House of Representatives, are incorporated in the
descriptive portions of this report.
New Budget Authority and Tax Expenditures
Clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives is inapplicable because this legislation does
not provide new budgetary authority or increased tax
expenditures.
Congressional Budget Office Cost Estimate
In compliance with clause 3(c)(3) of rule XIII of the Rules
of the House of Representatives, the Committee sets forth, with
respect to the bill, H.R. 4002, the following estimate and
comparison prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act of
1974:
U.S. Congress,
Congressional Budget Office,
Washington, DC, June 22, 2016.
Hon. Bob Goodlatte, Chairman,
Committee on the Judiciary,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 4002, the
``Criminal Code Improvement Act of 2015.''
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Mark
Grabowicz, who can be reached at 226-2860.
Sincerely,
Keith Hall,
Director.
Enclosure
cc:
Honorable John Conyers, Jr.
Ranking Member
H.R. 4002--Criminal Code Improvement Act of 2015.
As ordered reported by the House Committee on the Judiciary
on November 18, 2015.
CBO estimates that implementing H.R. 4002 would cost about
$1 million in fiscal year 2017 and less than $500,000 annually
thereafter; such spending would be subject to the availability
of appropriated funds. Enacting the bill also could affect
direct spending and revenues; therefore, pay-as-you-go
procedures apply. However, CBO estimates that any such effects
would be insignificant in each year. CBO estimates that
enacting H.R. 4002 would not increase net direct spending or
on-budget deficits in any of the four consecutive 10-year
periods beginning in 2027.
H.R. 4002 would require the Department of Justice (DOJ) to
develop and maintain an inventory of all Federal criminal
offenses and to make that information available to the public.
Based on information from DOJ and the costs of similar
activities, CBO estimates that implementing H.R. 4002 would
cost about $1 million in fiscal year 2017 and less than
$500,000 annually thereafter.
H.R. 4002 also would establish a default requirement
regarding state of mind, for Federal criminal offenses that do
not already include such a requirement; prosecutors would need
to demonstrate that those offenses were committed knowingly.
Currently, successful prosecution of some Federal crimes
requires proof of the defendant's criminal intent when the
crime occurred. Other Federal crimes do not require such proof;
the legislation would affect prosecution of those crimes.
Additionally, for conduct that a reasonable person would not
know or have been expected to know was unlawful, the
legislation would require proof that the defendant knew, or had
reason to believe, the activity in question was unlawful in
order to secure a conviction.
Because H.R. 4002 would affect the prosecution of offenders
subject to criminal fines, the bill could change the amount of
fines collected by the government. Criminal fines are recorded
as revenues, deposited in the Crime Victims Fund, and later
spent without further appropriation action. CBO expects that
any changes in revenues and subsequent direct spending would
not be significant because the legislation probably would
affect only a small number of cases.
H.R. 4002 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would not affect the budgets of State, local, or tribal
governments.
The CBO staff contacts for this estimate are Mark Grabowicz
and Marin Burnett. The estimate was approved by H. Samuel
Papenfuss, Deputy Assistant Director for Budget Analysis.
Duplication of Federal Programs
No provision of H.R. 4002 establishes or reauthorizes a
program of the Federal Government known to be duplicative of
another Federal program, a program that was included in any
report from the Government Accountability Office to Congress
pursuant to section 21 of Public Law 111-139, or a program
related to a program identified in the most recent Catalog of
Federal Domestic Assistance.
Disclosure of Directed Rule Makings
The Committee estimates that H.R. 4002 specifically directs
to be completed no specific rule makings within the meaning of
5 U.S.C. Sec. 551.
Performance Goals and Objectives
The Committee states that pursuant to clause 3(c)(4) of
rule XIII of the Rules of the House of Representatives, H.R.
4002, the Criminal Code Improvement Act of 2015, amends chapter
1 of title 18, U.S. Code, by reorganizing the general
provisions that appear at the beginning of chapter 1; providing
a default mens rea standard that applies for all crimes
prosecuted in Federal courts, unless another mens rea standard
has been provided by law, including statutory and well-
established case law; and creating uniform definitions for
several terms that are used frequently throughout title 18.
Advisory on Earmarks
In accordance with clause 9 of rule XXI of the Rules of the
House of Representatives, H.R. 4002 does not contain any
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(e), 9(f), or 9(g) of Rule XXI.
Section-by-Section Analysis
The following discussion describes the bill as reported by
the Committee.
Section 1. Short Title. This section cites the short title
of the bill as the ``Criminal Code Improvement Act of 2015.''
Section 2. Revision of General Provisions for Title 18,
United States Code. This section amends chapter 1 of title 18,
United States Code, in three significant ways:
LFirst, it reorganizes the general provisions
that appear at the beginning of chapter 1, leaving the
vast majority of them intact.
LSecond, it creates a default mens rea
standard of ``knowingly,'' which applies for all crimes
prosecuted in Federal courts, unless another mens rea
standard is articulated.
LThird, it creates uniform definitions for
several terms that are used frequently throughout title
18, including ``State'' and ``serious bodily injury.''
Those definitions will apply across title 18, unless
otherwise provided.
Section 3. Conforming Amendments to Eliminate Repetition in
the Definition of ``State''. This section eliminates the
definition of ``State'' in no fewer than 91 places in title 18,
since section 2 establishes a universal definition for all of
title 18.
Section 4. Conforming Amendments to Eliminate Repetitious
Definitions of ``Serious Bodily Injury''. This section
eliminates the definition of ``serious bodily injury'' in no
fewer than 20 places in title 18, since section 2 establishes a
universal definition for all of title 18. In certain cases,
however, it leaves definitions intact. For example, 18 U.S.C.
Sec. 2246 (containing the definitions for the sexual abuse
chapter) includes ``unconsciousness'' in the definition. That
definition remains intact.
Section 5. Elimination of Outmoded References to the Canal
Zone. This section eliminates three references to the Panama
Canal Zone. The Panama Canal Zone was abolished on October 1,
1979, and the canal itself was turned over to the Republic of
Panama on December 31, 1999.
Section 6. Inventory and Index of Federal Criminal
Offenses. This section requires that the Department of Justice
develop, maintain, and keep up to date a current inventory and
current subject matter index of all Federal criminal offenses,
including violations of agency rules or regulations that by
Federal statute constitute or define Federal criminal offenses.
This section requires that the Attorney General develop this
index within 1 year, and make it available to the public on the
Internet and by any other means the Attorney General deems
appropriate.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, and existing law in which no
change is proposed is shown in roman):
TITLE 18, UNITED STATES CODE
PART I--CRIMES
* * * * * * *
[CHAPTER 1--GENERAL PROVISIONS
[Sec. 2. Principals
[(a) Whoever commits an offense against the United States or
aids, abets, counsels, commands, induces or procures its
commission, is punishable as a principal.
[(b) Whoever willfully causes an act to be done which if
directly performed by him or another would be an offense
against the United States, is punishable as a principal.
[Sec. 3. Accessory after the fact
[Whoever, knowing that an offense against the United States
has been committed, receives, relieves, comforts or assists the
offender in order to hinder or prevent his apprehension, trial
or punishment, is an accessory after the fact.
[Except as otherwise expressly provided by any Act of
Congress, an accessory after the fact shall be imprisoned not
more than one-half the maximum term of imprisonment or
(notwithstanding section 3571) fined not more than one-half the
maximum fine prescribed for the punishment of the principal, or
both; or if the principal is punishable by life imprisonment or
death, the accessory shall be imprisoned not more than 15
years.
[Sec. 4. Misprision of felony
[Whoever, having knowledge of the actual commission of a
felony cognizable by a court of the United States, conceals and
does not as soon as possible make known the same to some judge
or other person in civil or military authority under the United
States, shall be fined under this title or imprisoned not more
than three years, or both.
[Sec. 5. United States defined
[The term ``United States'', as used in this title in a
territorial sense, includes all places and waters, continental
or insular, subject to the jurisdiction of the United States,
except the Canal Zone.
[Sec. 6. Department and agency defined
[As used in this title:
[The term ``department'' means one of the executive
departments enumerated in section 1 of Title 5, unless the
context shows that such term was intended to describe the
executive, legislative, or judicial branches of the government.
[The term ``agency'' includes any department, independent
establishment, commission, administration, authority, board or
bureau of the United States or any corporation in which the
United States has a proprietary interest, unless the context
shows that such term was intended to be used in a more limited
sense.
[Sec. 7. Special maritime and territorial jurisdiction of the United
States defined
[The term ``special maritime and territorial jurisdiction of
the United States'', as used in this title, includes:
[(1) The high seas, any other waters within the
admiralty and maritime jurisdiction of the United
States and out of the jurisdiction of any particular
State, and any vessel belonging in whole or in part to
the United States or any citizen thereof, or to any
corporation created by or under the laws of the United
States, or of any State, Territory, District, or
possession thereof, when such vessel is within the
admiralty and maritime jurisdiction of the United
States and out of the jurisdiction of any particular
State.
[(2) Any vessel registered, licensed, or enrolled
under the laws of the United States, and being on a
voyage upon the waters of any of the Great Lakes, or
any of the waters connecting them, or upon the Saint
Lawrence River where the same constitutes the
International Boundary Line.
[(3) Any lands reserved or acquired for the use of
the United States, and under the exclusive or
concurrent jurisdiction thereof, or any place purchased
or otherwise acquired by the United States by consent
of the legislature of the State in which the same shall
be, for the erection of a fort, magazine, arsenal,
dockyard, or other needful building.
[(4) Any island, rock, or key containing deposits of
guano, which may, at the discretion of the President,
be considered as appertaining to the United States.
[(5) Any aircraft belonging in whole or in part to
the United States, or any citizen thereof, or to any
corporation created by or under the laws of the United
States, or any State, Territory, district, or
possession thereof, while such aircraft is in flight
over the high seas, or over any other waters within the
admiralty and maritime jurisdiction of the United
States and out of the jurisdiction of any particular
State.
[(6) Any vehicle used or designed for flight or
navigation in space and on the registry of the United
States pursuant to the Treaty on Principles Governing
the Activities of States in the Exploration and Use of
Outer Space, Including the Moon and Other Celestial
Bodies and the Convention on Registration of Objects
Launched into Outer Space, while that vehicle is in
flight, which is from the moment when all external
doors are closed on Earth following embarkation until
the moment when one such door is opened on Earth for
disembarkation or in the case of a forced landing,
until the competent authorities take over the
responsibility for the vehicle and for persons and
property aboard.
[(7) Any place outside the jurisdiction of any nation
with respect to an offense by or against a national of
the United States.
[(8) To the extent permitted by international law,
any foreign vessel during a voyage having a scheduled
departure from or arrival in the United States with
respect to an offense committed by or against a
national of the United States.
[(9) With respect to offenses committed by or against
a national of the United States as that term is used in
section 101 of the Immigration and Nationality Act--
[(A) the premises of United States
diplomatic, consular, military or other United
States Government missions or entities in
foreign States, including the buildings, parts
of buildings, and land appurtenant or ancillary
thereto or used for purposes of those missions
or entities, irrespective of ownership; and
[(B) residences in foreign States and the
land appurtenant or ancillary thereto,
irrespective of ownership, used for purposes of
those missions or entities or used by United
States personnel assigned to those missions or
entities.
Nothing in this paragraph shall be deemed to supersede
any treaty or international agreement with which this
paragraph conflicts.
This paragraph does not apply with respect to an
offense committed by a person described in section
3261(a) of this title.
[Sec. 8. Obligation or other security of the United States defined
[The term ``obligation or other security of the United
States'' includes all bonds, certificates of indebtedness,
national bank currency, Federal Reserve notes, Federal Reserve
bank notes, coupons, United States notes, Treasury notes, gold
certificates, silver certificates, fractional notes,
certificates of deposit, bills, checks, or drafts for money,
drawn by or upon authorized officers of the United States,
stamps and other representatives of value, of whatever
denomination, issued under any Act of Congress, and canceled
United States stamps.
[Sec. 9. Vessel of the United States defined
[The term ``vessel of the United States'', as used in this
title, means a vessel belonging in whole or in part to the
United States, or any citizen thereof, or any corporation
created by or under the laws of the United States, or of any
State, Territory, District, or possession thereof.
[Sec. 10. Interstate commerce and foreign commerce defined
[The term ``interstate commerce'', as used in this title,
includes commerce between one State, Territory, Possession, or
the District of Columbia and another State, Territory,
Possession, or the District of Columbia.
[The term ``foreign commerce'', as used in this title,
includes commerce with a foreign country.
[Sec. 11. Foreign government defined
[The term ``foreign government'', as used in this title
except in sections 112, 878, 970, 1116, and 1201, includes any
government, faction, or body of insurgents within a country
with which the United States is at peace, irrespective of
recognition by the United States.
[Sec. 12. United States Postal Service defined
[As used in this title, the term ``Postal Service'' means the
United States Postal Service established under title 39, and
every officer and employee of that Service, whether or not such
officer or employee has taken the oath of office.
[Sec. 13. Laws of States adopted for areas within Federal jurisdiction
[(a) Whoever within or upon any of the places now existing or
hereafter reserved or acquired as provided in section 7 of this
title, or on, above, or below any portion of the territorial
sea of the United States not within the jurisdiction of any
State, Commonwealth, territory, possession, or district is
guilty of any act or omission which, although not made
punishable by any enactment of Congress, would be punishable if
committed or omitted within the jurisdiction of the State,
Territory, Possession, or District in which such place is
situated, by the laws thereof in force at the time of such act
or omission, shall be guilty of a like offense and subject to a
like punishment.
[(b)(1) Subject to paragraph (2) and for purposes of
subsection (a) of this section, that which may or shall be
imposed through judicial or administrative action under the law
of a State, territory, possession, or district, for a
conviction for operating a motor vehicle under the influence of
a drug or alcohol, shall be considered to be a punishment
provided by that law. Any limitation on the right or privilege
to operate a motor vehicle imposed under this subsection shall
apply only to the special maritime and territorial jurisdiction
of the United States.
[(2)(A) In addition to any term of imprisonment provided for
operating a motor vehicle under the influence of a drug or
alcohol imposed under the law of a State, territory,
possession, or district, the punishment for such an offense
under this section shall include an additional term of
imprisonment of not more than 1 year, or if serious bodily
injury of a minor is caused, not more than 5 years, or if death
of a minor is caused, not more than 10 years, and an additional
fine under this title, or both, if--
[(i) a minor (other than the offender) was present in
the motor vehicle when the offense was committed; and
[(ii) the law of the State, territory, possession, or
district in which the offense occurred does not provide
an additional term of imprisonment under the
circumstances described in clause (i).
[(B) For the purposes of subparagraph (A), the term ``minor''
means a person less than 18 years of age.
[(c) Whenever any waters of the territorial sea of the United
States lie outside the territory of any State, Commonwealth,
territory, possession, or district, such waters (including the
airspace above and the seabed and subsoil below, and artificial
islands and fixed structures erected thereon) shall be deemed,
for purposes of subsection (a), to lie within the area of the
State, Commonwealth, territory, possession, or district that it
would lie within if the boundaries of such State, Commonwealth,
territory, possession, or district were extended seaward to the
outer limit of the territorial sea of the United States.
[Sec. 15. Obligation or other security of foreign government defined
[The term ``obligation or other security of any foreign
government'' includes, but is not limited to, uncanceled
stamps, whether or not demonetized.
[Sec. 16. Crime of violence defined
[The term ``crime of violence'' means--
[(a) an offense that has as an element the use,
attempted use, or threatened use of physical force
against the person or property of another, or
[(b) any other offense that is a felony and that, by
its nature, involves a substantial risk that physical
force against the person or property of another may be
used in the course of committing the offense.
[Sec. 17. Insanity defense
[(a) Affirmative Defense.--It is an affirmative defense to a
prosecution under any Federal statute that, at the time of the
commission of the acts constituting the offense, the defendant,
as a result of a severe mental disease or defect, was unable to
appreciate the nature and quality or the wrongfulness of his
acts. Mental disease or defect does not otherwise constitute a
defense.
[(b) Burden of Proof.--The defendant has the burden of
proving the defense of insanity by clear and convincing
evidence.
[Sec. 18. Organization defined
[As used in this title, the term ``organization'' means a
person other than an individual.
[Sec. 19. Petty offense defined
[As used in this title, the term ``petty offense'' means a
Class B misdemeanor, a Class C misdemeanor, or an infraction,
for which the maximum fine is no greater than the amount set
forth for such an offense in section 3571(b)(6) or (7) in the
case of an individual or section 3571(c)(6) or (7) in the case
of an organization.
[Sec. 20. Financial institution defined
[As used in this title, the term ``financial institution''
means--
[(1) an insured depository institution (as defined in
section 3(c)(2) of the Federal Deposit Insurance Act);
[(2) a credit union with accounts insured by the
National Credit Union Share Insurance Fund;
[(3) a Federal home loan bank or a member, as defined
in section 2 of the Federal Home Loan Bank Act (12
U.S.C. 1422), of the Federal home loan bank system;
[(4) a System institution of the Farm Credit System,
as defined in section 5.35(3) of the Farm Credit Act of
1971;
[(5) a small business investment company, as defined
in section 103 of the Small Business Investment Act of
1958 (15 U.S.C. 662);
[(6) a depository institution holding company (as
defined in section 3(w)(1) of the Federal Deposit
Insurance Act;
[(7) a Federal Reserve bank or a member bank of the
Federal Reserve System;
[(8) an organization operating under section 25 or
section 25(a) of the Federal Reserve Act;
[(9) a branch or agency of a foreign bank (as such
terms are defined in paragraphs (1) and (3) of section
1(b) of the International Banking Act of 1978); or
[(10) a mortgage lending business (as defined in
section 27 of this title) or any person or entity that
makes in whole or in part a federally related mortgage
loan as defined in section 3 of the Real Estate
Settlement Procedures Act of 1974.
[Sec. 21. Stolen or counterfeit nature of property for certain crimes
defined
[(a) Wherever in this title it is an element of an offense
that--
[(1) any property was embezzled, robbed, stolen,
converted, taken, altered, counterfeited, falsely made,
forged, or obliterated; and
[(2) the defendant knew that the property was of such
character;
such element may be established by proof that the defendant,
after or as a result of an official representation as to the
nature of the property, believed the property to be embezzled,
robbed, stolen, converted, taken, altered, counterfeited,
falsely made, forged, or obliterated.
[(b) For purposes of this section, the term ``official
representation'' means any representation made by a Federal law
enforcement officer (as defined in section 115) or by another
person at the direction or with the approval of such an
officer.
[Sec. 23. Court of the United States defined
[As used in this title, except where otherwise expressly
provided the term ``court of the United States'' includes the
District Court of Guam, the District Court for the Northern
Mariana Islands, and the District Court of the Virgin Islands.
[Sec. 24. Definitions relating to Federal health care offense
[(a) As used in this title, the term ``Federal health care
offense'' means a violation of, or a criminal conspiracy to
violate--
[(1) section 669, 1035, 1347, or 1518 of this title
or section 1128B of the Social Security Act (42 U.S.C.
1320a-7b); or
[(2) section 287, 371, 664, 666, 1001, 1027, 1341,
1343, 1349, or 1954 of this title section 301 of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 331),
or section 501 of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1131), or section 411,
518, or 511 of the Employee Retirement Income Security
Act of 1974,, if the violation or conspiracy relates to
a health care benefit program.
[(b) As used in this title, the term ``health care benefit
program'' means any public or private plan or contract,
affecting commerce, under which any medical benefit, item, or
service is provided to any individual, and includes any
individual or entity who is providing a medical benefit, item,
or service for which payment may be made under the plan or
contract.
[Sec. 25. Use of minors in crimes of violence
[(a) Definitions.--In this section, the following definitions
shall apply:
[(1) Crime of violence.--The term ``crime of
violence'' has the meaning set forth in section 16.
[(2) Minor.--The term ``minor'' means a person who
has not reached 18 years of age.
[(3) Uses.--The term ``uses'' means employs, hires,
persuades, induces, entices, or coerces.
[(b) Penalties.--Any person who is 18 years of age or older,
who intentionally uses a minor to commit a crime of violence
for which such person may be prosecuted in a court of the
United States, or to assist in avoiding detection or
apprehension for such an offense, shall--
[(1) for the first conviction, be subject to twice
the maximum term of imprisonment and twice the maximum
fine that would otherwise be authorized for the
offense; and
[(2) for each subsequent conviction, be subject to 3
times the maximum term of imprisonment and 3 times the
maximum fine that would otherwise be authorized for the
offense.
[Sec. 26. Definition of seaport
[As used in this title, the term ``seaport'' means all piers,
wharves, docks, and similar structures, adjacent to any waters
subject to the jurisdiction of the United States, to which a
vessel may be secured, including areas of land, water, or land
and water under and in immediate proximity to such structures,
buildings on or contiguous to such structures, and the
equipment and materials on such structures or in such
buildings.
[Sec. 27. Mortgage lending business defined
[In this title, the term ``mortgage lending business'' means
an organization which finances or refinances any debt secured
by an interest in real estate, including private mortgage
companies and any subsidiaries of such organizations, and whose
activities affect interstate or foreign commerce.]
CHAPTER 1--GENERAL PROVISIONS
Subchapter
Definitions.....................................................1
Principal and derivative criminal responsibility................5
Criminal states of mind........................................11
Defenses........................................................15
Derivation of offenses from relevant State offences in special E.
jurisdiction..................................................20
Other General Provisions........................................21
SUBCHAPTER A--DEFINITIONS
Sec.
1. Definitions for title.
Sec. 1. Definitions for title
In this title, the following definitions apply unless
otherwise provided:
(1) The term ``United States'' when used in a
territorial sense, includes all places and waters,
continental or insular, subject to the jurisdiction of
the United States.
(2) The term ``department'' means one of the
executive departments enumerated in section 1 of title
5, unless the context shows that such term was intended
to describe the executive, legislative, or judicial
branches of the Government.
(3) The term ``agency'' includes any department,
independent establishment, commission, administration,
authority, board, or bureau of the United States or any
corporation in which the United States has a
proprietary interest, unless the context shows that
such term was intended to be used in a more limited
sense.
(4) The term ``State'' means a State of the United
States, the District of Columbia, or any commonwealth,
territory, or possession of the United States.
(5) The term ``special maritime and territorial
jurisdiction of the United States'' is as follows:
(A) The high seas, any other waters within
the admiralty and maritime jurisdiction of the
United States and out of the jurisdiction of
any particular State, and any vessel belonging
in whole or in part to the United States or any
citizen thereof, or to any corporation created
by or under the laws of the United States, or
of any State, when such vessel is within the
admiralty and maritime jurisdiction of the
United States and out of the jurisdiction of
any particular State.
(B) Any vessel registered, licensed, or
enrolled under the laws of the United States,
and being on a voyage upon the waters of any of
the Great Lakes, or any of the waters
connecting them, or upon the Saint Lawrence
River where the same constitutes the
International Boundary Line.
(C) Any lands reserved or acquired for the
use of the United States, and under the
exclusive or concurrent jurisdiction thereof,
or any place purchased or otherwise acquired by
the United States by consent of the legislature
of the State in which the same shall be, for
the erection of a fort, magazine, arsenal,
dockyard, or other needful building.
(D) Any island, rock, or key containing
deposits of guano, which may, at the discretion
of the President, be considered as appertaining
to the United States.
(E) Any aircraft belonging in whole or in
part to the United States, or any citizen
thereof, or to any corporation created by or
under the laws of the United States, or any
State, while such aircraft is in flight over
the high seas, or over any other waters within
the admiralty and maritime jurisdiction of the
United States and out of the jurisdiction of
any particular State.
(F) Any vehicle used or designed for flight
or navigation in space and on the registry of
the United States pursuant to the Treaty on
Principles Governing the Activities of States
in the Exploration and Use of Outer Space,
Including the Moon and Other Celestial Bodies
and the Convention on Registration of Objects
Launched into Outer Space, while that vehicle
is in flight, which is from the moment when all
external doors are closed on Earth following
embarkation until the moment when one such door
is opened on Earth for disembarkation or in the
case of a forced landing, until the competent
authorities take over the responsibility for
the vehicle and for persons and property
aboard.
(G) Any place outside the jurisdiction of any
nation with respect to an offense by or against
a national of the United States.
(H) To the extent permitted by international
law, any foreign vessel during a voyage having
a scheduled departure from or arrival in the
United States with respect to an offense
committed by or against a national of the
United States.
(I) With respect to offenses committed by or
against a national of the United States as that
term is used in section 101 of the Immigration
and Nationality Act--
(i) the premises of United States
diplomatic, consular, military, or
other United States Government missions
or entities in foreign states,
including the buildings, parts of
buildings, and land appurtenant or
ancillary thereto or used for purposes
of those missions or entities,
irrespective of ownership; and
(ii) residences in foreign states and
the land appurtenant or ancillary
thereto, irrespective of ownership,
used for purposes of those missions or
entities or used by United States
personnel assigned to those missions or
entities.
(J) Nothing in subparagraph (I) supersedes
any treaty or international agreement with
which this clause conflicts. Subparagraph (I)
does not apply with respect to an offense
committed by a person described in section
3261(a).
(6) The term ``vessel of the United States'' means a
vessel belonging in whole or in part to the United
States, or any citizen thereof, or any corporation
created by or under the laws of the United States, or
of any State.
(7) The term ``obligation or other security of the
United States'' includes all bonds, certificates of
indebtedness, national bank currency, Federal Reserve
notes, Federal Reserve bank notes, coupons, United
States notes, Treasury notes, gold certificates, silver
certificates, fractional notes, certificates of
deposit, bills, checks, or drafts for money, drawn by
or upon authorized officers of the United States,
stamps and other representatives of value, of whatever
denomination, issued under any Act of Congress, and
canceled United States stamps.
(8) The term ``foreign government'' except in
sections 112, 878, 970, 1116, and 1201, includes any
government, faction, or body of insurgents within a
country with which the United States is at peace,
irrespective of recognition by the United States.
(9) The term ``obligation or other security of any
foreign government'' includes uncanceled stamps,
whether or not demonetized.
(10) The term ``interstate commerce'' means commerce
between or among more than one State.
(11) The term ``foreign commerce'' means commerce
with a foreign country.
(12) The term ``Postal Service'' means the United
States Postal Service established under title 39, and
every officer and employee of that Service, whether or
not such officer or employee has taken the oath of
office.
(13) The term ``crime of violence'' means--
(A) an offense that has as an element the
use, attempted use, or threatened use of
physical force against the person or property
of another; or
(B) any other offense that is a felony and
that, by its nature, involves a substantial
risk that physical force against the person or
property of another may be used in the course
of committing the offense.
(14) The term ``organization'' means a person other
than an individual.
(15) The term ``petty offense'' means a Class B
misdemeanor, a Class C misdemeanor, or an infraction,
for which the maximum fine is no greater than the
amount set forth for such an offense in section
3571(b)(6) or (7) in the case of an individual or
section 3571(c)(6) or (7) in the case of an
organization.
(16) The term ``financial institution'' means--
(A) an insured depository institution (as
defined in section 3(c)(2) of the Federal
Deposit Insurance Act);
(B) a credit union with accounts insured by
the National Credit Union Share Insurance Fund;
(C) a Federal home loan bank or a member, as
defined in section 2 of the Federal Home Loan
Bank Act, of the Federal home loan bank system;
(D) a System institution of the Farm Credit
System, as defined in section 5.35(3) of the
Farm Credit Act of 1971;
(E) a small business investment company, as
defined in section 103 of the Small Business
Investment Act of 1958;
(F) a depository institution holding company
(as defined in section 3(w)(1) of the Federal
Deposit Insurance Act;
(G) a Federal Reserve bank or a member bank
of the Federal Reserve System;
(H) an organization operating under section
25 or section 25A of the Federal Reserve Act;
(I) a branch or agency of a foreign bank (as
such terms are defined respectively in section
1(b) of the International Banking Act of 1978);
or
(J) a mortgage lending business or any person
or entity that makes in whole or in part a
federally related mortgage loan as defined in
section 3 of the Real Estate Settlement
Procedures Act of 1974.
(17) The term ``mortgage lending business'' means an
organization which finances or refinances any debt
secured by an interest in real estate, including
private mortgage companies and any subsidiaries of such
organizations, and whose activities affect interstate
or foreign commerce.
(18) The term ``court of the United States'' includes
the District Court of Guam, the District Court for the
Northern Mariana Islands, and the District Court of the
Virgin Islands.
(19) The term ``Federal health care offense'' means a
violation of, or a criminal conspiracy to violate--
(A) section 669, 1035, 1347, or 1518 of this
title or section 1128B of the Social Security
Act; or
(B) section 287, 371, 664, 666, 1001, 1027,
1341, 1343, 1349, or 1954 of this title,
section 301 of the Federal Food, Drug, and
Cosmetic Act, section 501 of the Employee
Retirement Income Security Act of 1974, or
section 411, 518, or 511 of the Employee
Retirement Income Security Act of 1974, if the
violation or conspiracy relates to a health
care benefit program.
(20) The term ``health care benefit program'' means
any public or private plan or contract, affecting
interstate commerce or foreign commerce, under which
any medical benefit, item, or service is provided to
any individual, and includes any individual or entity
who is providing a medical benefit, item, or service
for which payment may be made under the plan or
contract.
(21) The term ``seaport'' means all piers, wharves,
docks, and similar structures, adjacent to any waters
subject to the jurisdiction of the United States, to
which a vessel may be secured, including areas of land,
water, or land and water under and in immediate
proximity to such structures, buildings on or
contiguous to such structures, and the equipment and
materials on such structures or in such buildings.
(22) The term ``serious bodily injury'' means bodily
injury which involves--
(A) 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.
(23) The term ``bodily injury'' means--
(A) a cut, abrasion, bruise, burn, or
disfigurement;
(B) physical pain;
(C) illness;
(D) impairment of the function of a bodily
member, organ, or mental faculty; or
(E) any other injury to the body, no matter
how temporary.
SUBCHAPTER B--PRINCIPAL AND DERIVATIVE CRIMINAL RESPONSIBILITY
Sec.
5. Principals.
6. Accessory after the fact.
7. Misprision of felony.
8. Use of minors in crimes of violence.
Sec. 5. Principals
(a) Whoever commits an offense against the United States or
aids, abets, counsels, commands, induces, or procures its
commission, is punishable as a principal.
(b) Whoever willfully causes an act to be done which if
directly performed by him or another would be an offense
against the United States, is punishable as a principal.
Sec. 6. Accessory after the fact
(a) Whoever, knowing that an offense against the United
States has been committed, receives, relieves, comforts, or
assists the offender in order to hinder or prevent his
apprehension, trial, or punishment, is an accessory after the
fact.
(b) Except as otherwise expressly provided by any Act of
Congress, an accessory after the fact shall be imprisoned not
more than one-half the maximum term of imprisonment or
(notwithstanding section 3571) fined not more than one-half the
maximum fine prescribed for the punishment of the principal, or
both; or if the principal is punishable by life imprisonment or
death, the accessory shall be imprisoned not more than 15
years.
Sec. 7. Misprision of felony
Whoever, having knowledge of the actual commission of a
felony cognizable by a court of the United States, conceals and
does not as soon as possible make known the same to some judge
or other person in civil or military authority under the United
States, shall be fined under this title or imprisoned not more
than three years, or both.
Sec. 8. Use of minors in crimes of violence
(a) Definitions.--In this section--
(1) the term ``minor'' means a person who has not
reached 18 years of age; and
(2) the term ``uses'' means employs, hires,
persuades, induces, entices, or coerces.
(b) Penalties.--Any person who is 18 years of age or older,
who intentionally uses a minor to commit a crime of violence
for which such person may be prosecuted in a court of the
United States, or to assist in avoiding detection or
apprehension for such an offense, shall--
(1) for the first conviction, be subject to twice the
maximum term of imprisonment and twice the maximum fine
that would otherwise be authorized for the offense; and
(2) for each subsequent conviction, be subject to 3
times the maximum term of imprisonment and 3 times the
maximum fine that would otherwise be authorized for the
offense.
SUBCHAPTER C--CRIMINAL STATES OF MIND
Sec.
11. Default state of mind proof requirement in Federal criminal cases.
12. Stolen or counterfeit nature of property for certain crimes defined.
Sec. 11. Default state of mind proof requirement in Federal criminal
cases
If no state of mind is required by law for a Federal criminal
offense--
(1) the state of mind the Government must prove is
knowing; and
(2) if the offense consists of conduct that a
reasonable person in the same or similar circumstances
would not know, or would not have reason to believe,
was unlawful, the Government must prove that the
defendant knew, or had reason to believe, the conduct
was unlawful.
Sec. 12. Stolen or counterfeit nature of property for certain crimes
defined
(a) Wherever in this title it is an element of an offense
that--
(1) any property was embezzled, robbed, stolen,
converted, taken, altered, counterfeited, falsely made,
forged, or obliterated; and
(2) the defendant knew that the property was of such
character;
such element may be established by proof that the defendant,
after or as a result of an official representation as to the
nature of the property, believed the property to be embezzled,
robbed, stolen, converted, taken, altered, counterfeited,
falsely made, forged, or obliterated.
(b) In this section, the term ``official representation''
means any representation made by a Federal law enforcement
officer (as defined in section 115) or by another person at the
direction or with the approval of such an officer.
SUBCHAPTER D--INSANITY DEFENSE
15. Insanity defenses
Sec. 15. Insanity defense
(a) In General.--It is an affirmative defense to a
prosecution under any Federal statute that, at the time of the
commission of the acts constituting the offense, the defendant,
as a result of a severe mental disease or defect, was unable to
appreciate the nature and quality or the wrongfulness of his
acts. Mental disease or defect does not otherwise constitute a
defense.
(b) Burden of Proof for Insanity Defense.--The defendant has
the burden of proving the defense of insanity by clear and
convincing evidence.
SUBCHAPTER E--DERIVATION OF OFFENSES FROM RELEVANT STATE OFFENSES IN
SPECIAL JURISDICTION
Sec.
20. Laws of States adopted for areas within Federal jurisdiction.
Sec. 20. Laws of States adopted for areas within Federal jurisdiction
(a) Whoever within the special maritime and territorial
jurisdiction of the United States or on, above, or below any
portion of the territorial sea of the United States not within
the jurisdiction of any State is guilty of any act or omission
which, although not made punishable by any enactment of
Congress, would be punishable if committed or omitted within
the jurisdiction of the State in which such place is situated,
by the laws thereof in force at the time of such act or
omission, shall be guilty of a like offense and subject to a
like punishment.
(b)(1) Subject to paragraph (2) and for purposes of
subsection (a) of this section, that which may or shall be
imposed through judicial or administrative action under the law
of a State for a conviction for operating a motor vehicle under
the influence of a drug or alcohol, shall be considered to be a
punishment provided by that law. Any limitation on the right or
privilege to operate a motor vehicle imposed under this
subsection shall apply only to the special maritime and
territorial jurisdiction of the United States.
(2)(A) In addition to any term of imprisonment provided for
operating a motor vehicle under the influence of a drug or
alcohol imposed under the law of a State, the punishment for
such an offense under this section shall include an additional
term of imprisonment of not more than 1 year, or if serious
bodily injury of a minor is caused, not more than 5 years, or
if death of a minor is caused, not more than 10 years, and an
additional fine under this title, or both, if--
(i) a minor (other than the offender) was present in
the motor vehicle when the offense was committed; and
(ii) the law of the State in which the offense
occurred does not provide an additional term of
imprisonment under the circumstances described in
clause (i).
(B) For the purposes of subparagraph (A), the term ``minor''
means a person less than 18 years of age.
(c) Whenever any waters of the territorial sea of the United
States lie outside the territory of any State, such waters
(including the airspace above and the seabed and subsoil below,
and artificial islands and fixed structures erected thereon)
shall be deemed, for purposes of subsection (a), to lie within
the area of the State that it would lie within if the
boundaries of such State, Commonwealth, territory, possession,
or district were extended seaward to the outer limit of the
territorial sea of the United States.
SUBCHAPTER F--OTHER GENERAL PROVISIONS
Sec.
21. Non-preemption.
22. Extraterritorial jurisdiction over derivative offenses.
Sec. 21. Non-preemption
The existence of a Federal criminal offense does not preclude
the application of a State or local law to the conduct
proscribed by the offense, unless the law specifically so
provides or the State or local law requires conduct
constituting the Federal criminal offense.
Sec. 22. Extraterritorial jurisdiction over derivative offenses
If extraterritorial jurisdiction exists for an offense
defined by a provision of law, then extraterritorial
jurisdiction also exists for any offense arising under
subchapter B as a result of conduct with respect the offense so
defined.
* * * * * * *
CHAPTER 2--AIRCRAFT AND MOTOR VEHICLES
Sec. 31. Definitions
(a) Definitions.--In this chapter, the following definitions
apply:
(1) Aircraft.--The term ``aircraft'' means a civil,
military, or public contrivance invented, used, or
designed to navigate, fly, or travel in the air.
(2) Aviation quality.--The term ``aviation quality'',
with respect to a part of an aircraft or space vehicle,
means the quality of having been manufactured,
constructed, produced, maintained, repaired,
overhauled, rebuilt, reconditioned, or restored in
conformity with applicable standards specified by law
(including applicable regulations).
(3) Destructive substance.--The term ``destructive
substance'' means an explosive substance, flammable
material, infernal machine, or other chemical,
mechanical, or radioactive device or matter of a
combustible, contaminative, corrosive, or explosive
nature.
(4) In flight.--The term ``in flight'' means--
(A) any time from the moment at which all the
external doors of an aircraft are closed
following embarkation until the moment when any
such door is opened for disembarkation; and
(B) in the case of a forced landing, until
competent authorities take over the
responsibility for the aircraft and the persons
and property on board.
(5) In service.--The term ``in service'' means--
(A) any time from the beginning of preflight
preparation of an aircraft by ground personnel
or by the crew for a specific flight until 24
hours after any landing; and
(B) in any event includes the entire period
during which the aircraft is in flight.
(6) Motor vehicle.--The term ``motor vehicle'' means
every description of carriage or other contrivance
propelled or drawn by mechanical power and used for
commercial purposes on the highways in the
transportation of passengers, passengers and property,
or property or cargo.
(7) Part.--The term ``part'' means a frame, assembly,
component, appliance, engine, propeller, material,
part, spare part, piece, section, or related integral
or auxiliary equipment.
(8) Space vehicle.--The term ``space vehicle'' means
a man-made device, either manned or unmanned, designed
for operation beyond the Earth's atmosphere.
[(9) State.--The term ``State'' means a State of the
United States, the District of Columbia, and any
commonwealth, territory, or possession of the United
States.]
(10) Used for commercial purposes.--The term ``used
for commercial purposes'' means the carriage of persons
or property for any fare, fee, rate, charge or other
consideration, or directly or indirectly in connection
with any business, or other undertaking intended for
profit.
(b) Terms Defined in Other Law.--In this chapter, the terms
``aircraft engine'', ``air navigation facility'',
``appliance'', ``civil aircraft'', ``foreign air commerce'',
``interstate air commerce'', ``landing area'', ``overseas air
commerce'', ``propeller'', ``spare part'', and ``special
aircraft jurisdiction of the United States'' have the meanings
given those terms in sections 40102(a) and 46501 of title 49.
* * * * * * *
Sec. 37. Violence at international airports
(a) Offense.--A person who unlawfully and intentionally,
using any device, substance, or weapon--
(1) performs an act of violence against a person at
an airport serving international civil aviation that
causes or is likely to cause serious bodily injury [(as
defined in section 1365 of this title)] or death; or
(2) destroys or seriously damages the facilities of
an airport serving international civil aviation or a
civil aircraft not in service located thereon or
disrupts the services of the airport,
if such an act endangers or is likely to endanger safety at
that airport, or attempts or conspires to do such an act, shall
be fined under this title, imprisoned not more than 20 years,
or both; and if the death of any person results from conduct
prohibited by this subsection, shall be punished by death or
imprisoned for any term of years or for life.
(b) Jurisdiction.--There is jurisdiction over the prohibited
activity in subsection (a) if--
(1) the prohibited activity takes place in the United
States; or
(2) the prohibited activity takes place outside the
United States and (A)the offender is later found in the
United States; or (B) an offender or a victim is a
national of the United States (as defined in section
101(a)(22) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(22))).
(c) Bar to prosecution.--It is a bar to Federal prosecution
under subsection (a) for conduct that occurred within the
United States that the conduct involved was during or in
relation to a labor dispute, and such conduct is prohibited as
a felony under the law of the State in which it was committed.
For purposes of this section, the term ``labor dispute'' has
the meaning set forth in section 2(c) of the Norris-LaGuardia
Act, as amended (29 U.S.C. 113(c))[, and the term ``State''
means a State of the United States, the District of Columbia,
and any commonwealth, territory, or possession of the United
States.].
Sec. 38. Fraud involving aircraft or space vehicle parts in interstate
or foreign commerce
(a) Offenses.--Whoever, in or affecting interstate or foreign
commerce, knowingly and with the intent to defraud--
(1)(A) falsifies or conceals a material fact
concerning any aircraft or space vehicle part;
(B) makes any materially fraudulent representation
concerning any aircraft or space vehicle part; or
(C) makes or uses any materially false writing,
entry, certification, document, record, data plate,
label, or electronic communication concerning any
aircraft or space vehicle part;
(2) exports from or imports or introduces into the
United States, sells, trades, installs on or in any
aircraft or space vehicle any aircraft or space vehicle
part using or by means of a fraudulent representation,
document, record, certification, depiction, data plate,
label, or electronic communication; or
(3) attempts or conspires to commit an offense
described in paragraph (1) or (2),
shall be punished as provided in subsection (b).
(b) Penalties.--The punishment for an offense under
subsection (a) is as follows:
(1) Aviation quality.--If the offense relates to the
aviation quality of a part and the part is installed in
an aircraft or space vehicle, a fine of not more than
$500,000, imprisonment for not more than 15 years, or
both.
(2) Failure to operate as represented.--If, by reason
of the failure of the part to operate as represented,
the part to which the offense is related is the
proximate cause of a malfunction or failure that
results in serious bodily injury [(as defined in
section 1365)], a fine of not more than $1,000,000,
imprisonment for not more than 20 years, or both.
(3) Failure resulting in death.--If, by reason of the
failure of the part to operate as represented, the part
to which the offense is related is the proximate cause
of a malfunction or failure that results in the death
of any person, a fine of not more than $1,000,000,
imprisonment for any term of years or life, or both.
(4) Other circumstances.--In the case of an offense
under subsection (a) not described in paragraph (1),
(2), or (3) of this subsection, a fine under this
title, imprisonment for not more than 10 years, or
both.
(5) Organizations.--If the offense is committed by an
organization, a fine of not more than--
(A) $10,000,000 in the case of an offense
described in paragraph (1) or (4); and
(B) $20,000,000 in the case of an offense
described in paragraph (2) or (3).
(c) Civil Remedies.--
(1) In general.--The district courts of the United
States shall have jurisdiction to prevent and restrain
violations of this section by issuing appropriate
orders, including--
(A) ordering a person (convicted of an
offense under this section) to divest any
interest, direct or indirect, in any enterprise
used to commit or facilitate the commission of
the offense, or to destroy, or to mutilate and
sell as scrap, aircraft material or part
inventories or stocks;
(B) imposing reasonable restrictions on the
future activities or investments of any such
person, including prohibiting engagement in the
same type of endeavor as used to commit the
offense; and
(C) ordering the dissolution or
reorganization of any enterprise knowingly used
to commit or facilitate the commission of an
offense under this section making due
provisions for the rights and interests of
innocent persons.
(2) Restraining orders and prohibition.--Pending
final determination of a proceeding brought under this
section, the court may enter such restraining orders or
prohibitions, or take such other actions (including the
acceptance of satisfactory performance bonds) as the
court deems proper.
(3) Estoppel.--A final judgment rendered in favor of
the United States in any criminal proceeding brought
under this section shall stop the defendant from
denying the essential allegations of the criminal
offense in any subsequent civil proceeding brought by
the United States.
(d) Criminal Forfeiture.--
(1) In general.--The court, in imposing sentence on
any person convicted of an offense under this section,
shall order, in addition to any other sentence and
irrespective of any provision of State law, that the
person forfeit to the United States--
(A) any property constituting, or derived
from, any proceeds that the person obtained,
directly or indirectly, as a result of the
offense; and
(B) any property used, or intended to be used
in any manner, to commit or facilitate the
commission of the offense, if the court in its
discretion so determines, taking into
consideration the nature, scope, and
proportionality of the use of the property on
the offense.
(2) Application of other law.--The forfeiture of
property under this section, including any seizure and
disposition of the property, and any proceedings
relating to the property, shall be governed by section
413 of the Comprehensive Drug Abuse and Prevention Act
of 1970 (21 U.S.C. 853) (not including subsection (d)
of that section).
(e) Construction With Other Law.--This section does not
preempt or displace any other remedy, civil or criminal,
provided by Federal or State law for the fraudulent
importation, sale, trade, installation, or introduction into
commerce of an aircraft or space vehicle part.
(f) Territorial Scope.--This section also applies to conduct
occurring outside the United States if--
(1) the offender is a natural person who is a citizen
or permanent resident alien of the United States, or an
organization organized under the laws of the United
States or political subdivision thereof;
(2) the aircraft or spacecraft part as to which the
violation relates was installed in an aircraft or space
vehicle owned or operated at the time of the offense by
a citizen or permanent resident alien of the United
States, or by an organization thereof; or
(3) an act in furtherance of the offense was
committed in the United States.
* * * * * * *
CHAPTER 3--ANIMALS, BIRDS, FISH, AND PLANTS
* * * * * * *
Sec. 48. Animal crush videos
(a) Definition.--In this section the term ``animal crush
video'' means any photograph, motion-picture film, video or
digital recording, or electronic image that--
[(1) depicts actual conduct in which 1 or more living
non- human mammals, birds, reptiles, or amphibians is
intentionally crushed, burned, drowned, suffocated,
impaled, or otherwise subjected to serious bodily
injury [(as defined in section 1365 and including] or
conduct that, if committed against a person and in the
special maritime and territorial jurisdiction of the
United States, would violate section 2241 or 2242[)];
and]
(2) is obscene.
(b) Prohibitions.--
(1) Creation of animal crush videos.--It shall be
unlawful for any person to knowingly create an animal
crush video, if--
(A) the person intends or has reason to know
that the animal crush video will be distributed
in, or using a means or facility of, interstate
or foreign commerce; or
(B) the animal crush video is distributed in,
or using a means or facility of, interstate or
foreign commerce.
(2) Distribution of animal crush videos.--It shall be
unlawful for any person to knowingly sell, market,
advertise, exchange, or distribute an animal crush
video in, or using a means or facility of, interstate
or foreign commerce.
(c) Extraterritorial Application.--Subsection (b) shall apply
to the knowing sale, marketing, advertising, exchange,
distribution, or creation of an animal crush video outside of
the United States, if--
(1) the person engaging in such conduct intends or
has reason to know that the animal crush video will be
transported into the United States or its territories
or possessions; or
(2) the animal crush video is transported into the
United States or its territories or possessions.
(d) Penalty.--Any person who violates subsection (b) shall be
fined under this title, imprisoned for not more than 7 years,
or both.
(e) Exceptions.--
(1) In general.--This section shall not apply with
regard to any visual depiction of--
(A) customary and normal veterinary or
agricultural husbandry practices;
(B) the slaughter of animals for food; or
(C) hunting, trapping, or fishing.
(2) Good-faith distribution.--This section shall not
apply to the good-faith distribution of an animal crush
video to--
(A) a law enforcement agency; or
(B) a third party for the sole purpose of
analysis to determine if referral to a law
enforcement agency is appropriate.
(f) No Preemption.--Nothing in this section shall be
construed to preempt the law of any State or local subdivision
thereof to protect animals.
* * * * * * *
CHAPTER 7--ASSAULT
* * * * * * *
Sec. 113. Assaults within maritime and territorial jurisdiction
(a) Whoever, within the special maritime and territorial
jurisdiction of the United States, is guilty of an assault
shall be punished as follows:
(1) Assault with intent to commit murder or a
violation of section 2241 or 2242, by a fine under this
title, imprisonment for not more than 20 years, or
both.
(2) Assault with intent to commit any felony, except
murder or a violation of section 2241 or 2242, by fine
under this title or imprisonment for not more than ten
years, or both.
(3) Assault with a dangerous weapon, with intent to
do bodily harm, by fine under this title or
imprisonment for not more than ten years, or both.
(4) Assault by striking, beating, or wounding, by
fine under this title or imprisonment for not more than
1 year, or both.
(5) Simple assault, by fine under this title or
imprisonment for not more than six months, or both, or
if the victim of the assault is an individual who has
not attained the age of 16 years, by fine under this
title or imprisonment for not more than 1 year, or
both.
(6) Assault resulting in serious bodily injury, by a
fine under this title or imprisonment for not more than
ten years, or both.
(7) Assault resulting in substantial bodily injury to
a spouse or intimate partner, a dating partner, or an
individual who has not attained the age of 16 years, by
a fine under this title or imprisonment for not more
than 5 years, or both.
(8) Assault of a spouse, intimate partner, or dating
partner by strangling, suffocating, or attempting to
strangle or suffocate, by a fine under this title,
imprisonment for not more than 10 years, or both.
(b) Definitions.--In this section--
(1) the term ``substantial bodily injury'' means
bodily injury which involves--
(A) a temporary but substantial
disfigurement; or
(B) a temporary but substantial loss or
impairment of the function of any bodily
member, organ, or mental faculty;
[(2) the term ``serious bodily injury'' has the
meaning given that term in section 1365 of this title;]
(3) the terms ``dating partner'' and ``spouse or
intimate partner'' have the meanings given those terms
in section 2266;
(4) the term ``strangling'' means intentionally,
knowingly, or recklessly impeding the normal breathing
or circulation of the blood of a person by applying
pressure to the throat or neck, regardless of whether
that conduct results in any visible injury or whether
there is any intent to kill or protractedly injure the
victim; and
(5) the term ``suffocating'' means intentionally,
knowingly, or recklessly impeding the normal breathing
of a person by covering the mouth of the person, the
nose of the person, or both, regardless of whether that
conduct results in any visible injury or whether there
is any intent to kill or protractedly injure the
victim.
* * * * * * *
Sec. 115. Influencing, impeding, or retaliating against a Federal
official by threatening or injuring a family member
(a)(1) Whoever--
(A) assaults, kidnaps, or murders, or attempts or
conspires to kidnap or murder, or threatens to assault,
kidnap or murder a member of the immediate family of a
United States official, a United States judge, a
Federal law enforcement officer, or an official whose
killing would be a crime under section 1114 of this
title; or
(B) threatens to assault, kidnap, or murder, a United
States official, a United States judge, a Federal law
enforcement officer, or an official whose killing would
be a crime under such section,
with intent to impede, intimidate, or interfere with such
official, judge, or law enforcement officer while engaged in
the performance of official duties, or with intent to retaliate
against such official, judge, or law enforcement officer on
account of the performance of official duties, shall be
punished as provided in subsection (b).
(2) Whoever assaults, kidnaps, or murders, or attempts or
conspires to kidnap or murder, or threatens to assault, kidnap,
or murder, any person who formerly served as a person
designated in paragraph (1), or a member of the immediate
family of any person who formerly served as a person designated
in paragraph (1), with intent to retaliate against such person
on account of the performance of official duties during the
term of service of such person, shall be punished as provided
in subsection (b).
(b)(1) The punishment for an assault in violation of this
section is--
(A) a fine under this title; and
(B)(i) if the assault consists of a simple assault, a
term of imprisonment for not more than 1 year;
(ii) if the assault involved physical contact with
the victim of that assault or the intent to commit
another felony, a term of imprisonment for not more
than 10 years;
(iii) if the assault resulted in bodily injury, a
term of imprisonment for not more than 20 years; or
(iv) if the assault resulted in serious bodily injury
[(as that term is defined in section 1365 of this
title, and including] or any conduct that, if the
conduct occurred in the special maritime and
territorial jurisdiction of the United States, would
violate section 2241 or 2242 of this title[)], or a
dangerous weapon was used during and in relation to the
offense, a term of imprisonment for not more than 30
years.
(2) A kidnapping, attempted kidnapping, or conspiracy to
kidnap in violation of this section shall be punished as
provided in section 1201 of this title for the kidnapping or
attempted kidnapping of, or a conspiracy to kidnap, a person
described in section 1201(a)(5) of this title.
(3) A murder, attempted murder, or conspiracy to murder in
violation of this section shall be punished as provided in
sections 1111 and 1113 of this title.
(4) A threat made in violation of this section shall be
punished by a fine under this title or imprisonment for a term
of not more than 10 years, or both, except that imprisonment
for a threatened assault shall not exceed 6 years.
(c) As used in this section, the term--
(1) ``Federal law enforcement officer'' means any
officer, agent, or employee of the United States
authorized by law or by a Government agency to engage
in or supervise the prevention, detection,
investigation, or prosecution of any violation of
Federal criminal law;
(2) ``immediate family member'' of an individual
means--
(A) his spouse, parent, brother or sister,
child or person to whom he stands in loco
parentis; or
(B) any other person living in his household
and related to him by blood or marriage;
(3) ``United States judge'' means any judicial
officer of the United States, and includes a justice of
the Supreme Court and a United States magistrate judge;
and
(4) ``United States official'' means the President,
President-elect, Vice President, Vice President-elect,
a Member of Congress, a member-elect of Congress, a
member of the executive branch who is the head of a
department listed in 5 U.S.C. 101, or the Director of
the Central Intelligence Agency.
(d) This section shall not interfere with the investigative
authority of the United States Secret Service, as provided
under sections 3056, 871, and 879 of this title.
* * * * * * *
CHAPTER 11--BRIBERY, GRAFT, AND CONFLICTS OF INTEREST
* * * * * * *
Sec. 207. Restrictions on former officers, employees, and elected
officials of the executive and legislative branches
(a) Restrictions on All Officers and Employees of the
Executive Branch and Certain Other Agencies.--
(1) Permanent restrictions on representation on
particular matters.--Any person who is an officer or
employee (including any special Government employee) of
the executive branch of the United States (including
any independent agency of the United States), or of the
District of Columbia, and who, after the termination of
his or her service or employment with the United States
or the District of Columbia, knowingly makes, with the
intent to influence, any communication to or appearance
before any officer or employee of any department,
agency, court, or court-martial of the United States or
the District of Columbia, on behalf of any other person
(except the United States or the District of Columbia)
in connection with a particular matter--
(A) in which the United States or the
District of Columbia is a party or has a direct
and substantial interest,
(B) in which the person participated
personally and substantially as such officer or
employee, and
(C) which involved a specific party or
specific parties at the time of such
participation,
shall be punished as provided in section 216 of this
title.
(2) Two-year restrictions concerning particular
matters under official responsibility.--Any person
subject to the restrictions contained in paragraph (1)
who, within 2 years after the termination of his or her
service or employment with the United States or the
District of Columbia, knowingly makes, with the intent
to influence, any communication to or appearance before
any officer or employee of any department, agency,
court, or court-martial of the United States or the
District of Columbia, on behalf of any other person
(except the United States or the District of Columbia),
in connection with a particular matter--
(A) in which the United States or the
District of Columbia is a party or has a direct
and substantial interest,
(B) which such person knows or reasonably
should know was actually pending under his or
her official responsibility as such officer or
employee within a period of 1 year before the
termination of his or her service or employment
with the United States or the District of
Columbia, and
(C) which involved a specific party or
specific parties at the time it was so pending,
shall be punished as provided in section 216 of this
title.
(3) Clarification of restrictions.--The restrictions
contained in paragraphs (1) and (2) shall apply--
(A) in the case of an officer or employee of
the executive branch of the United States
(including any independent agency), only with
respect to communications to or appearances
before any officer or employee of any
department, agency, court, or court-martial of
the United States on behalf of any other person
(except the United States), and only with
respect to a matter in which the United States
is a party or has a direct and substantial
interest; and
(B) in the case of an officer or employee of
the District of Columbia, only with respect to
communications to or appearances before any
officer or employee of any department, agency,
or court of the District of Columbia on behalf
of any other person (except the District of
Columbia), and only with respect to a matter in
which the District of Columbia is a party or
has a direct and substantial interest.
(b) One-Year Restrictions on Aiding or Advising.--
(1) In general.--Any person who is a former officer
or employee of the executive branch of the United
States (including any independent agency) and is
subject to the restrictions contained in subsection
(a)(1), or any person who is a former officer or
employee of the legislative branch or a former Member
of Congress, who personally and substantially
participated in any ongoing trade or treaty negotiation
on behalf of the United States within the 1-year period
preceding the date on which his or her service or
employment with the United States terminated, and who
had access to information concerning such trade or
treaty negotiation which is exempt from disclosure
under section 552 of title 5, which is so designated by
the appropriate department or agency, and which the
person knew or should have known was so designated,
shall not, on the basis of that information, knowingly
represent, aid, or advise any other person (except the
United States) concerning such ongoing trade or treaty
negotiation for a period of 1 year after his or her
service or employment with the United States
terminates. Any person who violates this subsection
shall be punished as provided in section 216 of this
title.
(2) Definition.--For purposes of this paragraph--
(A) the term ``trade negotiation'' means
negotiations which the President determines to
undertake to enter into a trade agreement
pursuant to section 1102 of the Omnibus Trade
and Competitiveness Act of 1988, and does not
include any action taken before that
determination is made; and
(B) the term ``treaty'' means an
international agreement made by the President
that requires the advice and consent of the
Senate.
(c) One-Year Restrictions on Certain Senior Personnel of the
Executive Branch and Independent Agencies.--
(1) Restrictions.--In addition to the restrictions
set forth in subsections (a) and (b), any person who is
an officer or employee (including any special
Government employee) of the executive branch of the
United States (including an independent agency), who is
referred to in paragraph (2), and who, within 1 year
after the termination of his or her service or
employment as such officer or employee, knowingly
makes, with the intent to influence, any communication
to or appearance before any officer or employee of the
department or agency in which such person served within
1 year before such termination, on behalf of any other
person (except the United States), in connection with
any matter on which such person seeks official action
by any officer or employee of such department or
agency, shall be punished as provided in section 216 of
this title.
(2) Persons to whom restrictions apply.--(A)
Paragraph (1) shall apply to a person (other than a
person subject to the restrictions of subsection (d))--
(i) employed at a rate of pay specified in or
fixed according to subchapter II of chapter 53
of title 5,
(ii) employed in a position which is not
referred to in clause (i) and for which that
person is paid at a rate of basic pay which is
equal to or greater than 86.5 percent of the
rate of basic pay for level II of the Executive
Schedule, or, for a period of 2 years following
the enactment of the National Defense
Authorization Act for Fiscal Year 2004, a
person who, on the day prior to the enactment
of that Act, was employed in a position which
is not referred to in clause (i) and for which
the rate of basic pay, exclusive of any
locality-based pay adjustment under section
5304 or section 5304a of title 5, was equal to
or greater than the rate of basic pay payable
for level 5 of the Senior Executive Service on
the day prior to the enactment of that Act,
(iii) appointed by the President to a
position under section 105(a)(2)(B) of title 3
or by the Vice President to a position under
section 106(a)(1)(B) of title 3,
(iv) employed in a position which is held by
an active duty commissioned officer of the
uniformed services who is serving in a grade or
rank for which the pay grade (as specified in
section 201 of title 37) is pay grade O-7 or
above; OR
(v) assigned from a private sector
organization to an agency under chapter 37 of
title 5.
(B) Paragraph (1) shall not apply to a special
Government employee who serves less than 60 days in the
1-year period before his or her service or employment
as such employee terminates.
(C) At the request of a department or agency, the
Director of the Office of Government Ethics may waive
the restrictions contained in paragraph (1) with
respect to any position, or category of positions,
referred to in clause (ii) or (iv) of subparagraph (A),
in such department or agency if the Director determines
that--
(i) the imposition of the restrictions with
respect to such position or positions would
create an undue hardship on the department or
agency in obtaining qualified personnel to fill
such position or positions, and
(ii) granting the waiver would not create the
potential for use of undue influence or unfair
advantage.
(3) Members of the independent payment advisory
board.--
(A) In general.--Paragraph (1) shall apply to
a member of the Independent Payment Advisory
Board under section 1899A.
(B) Agencies and congress.--For purposes of
paragraph (1), the agency in which the
individual described in subparagraph (A) served
shall be considered to be the Independent
Payment Advisory Board, the Department of
Health and Human Services, and the relevant
committees of jurisdiction of Congress,
including the Committee on Ways and Means and
the Committee on Energy and Commerce of the
House of Representatives and the Committee on
Finance of the Senate.
(d) Restrictions on Very Senior Personnel of the Executive
Branch and Independent Agencies.--
(1) Restrictions In addition to the restrictions set
forth in subsections (a) and (b), any person who--
(A) serves in the position of Vice President
of the United States,
(B) is employed in a position in the
executive branch of the United States
(including any independent agency) at a rate of
pay payable for level I of the Executive
Schedule or employed in a position in the
Executive Office of the President at a rate of
pay payable for level II of the Executive
Schedule, or
(C) is appointed by the President to a
position under section 105(a)(2)(A) of title 3
or by the Vice President to a position under
section 106(a)(1)(A) of title 3,
and who, within 2 years after the termination of that
person's service in that position, knowingly makes,
with the intent to influence, any communication to or
appearance before any person described in paragraph
(2), on behalf of any other person (except the United
States), in connection with any matter on which such
person seeks official action by any officer or employee
of the executive branch of the United States, shall be
punished as provided in section 216 of this title.
(2) Persons who may not be contacted.--The persons
referred to in paragraph (1) with respect to
appearances or communications by a person in a position
described in subparagraph (A), (B), or (C) of paragraph
(1) are--
(A) any officer or employee of any department
or agency in which such person served in such
position within a period of 1 year before such
person's service or employment with the United
States Government terminated, and
(B) any person appointed to a position in the
executive branch which is listed in section
5312, 5313, 5314, 5315, or 5316 of title 5.
(e) Restrictions on Members of Congress and Officers and
Employees of the Legislative Branch.--
(1) Members of congress and elected officers of the
house.--
(A) Senators.--Any person who is a Senator
and who, within 2 years after that person
leaves office, knowingly makes, with the intent
to influence, any communication to or
appearance before any Member, officer, or
employee of either House of Congress or any
employee of any other legislative office of the
Congress, on behalf of any other person (except
the United States) in connection with any
matter on which such former Senator seeks
action by a Member, officer, or employee of
either House of Congress, in his or her
official capacity, shall be punished as
provided in section 216 of this title.
(B) Members and officers of the house of
representatives.--(i) Any person who is a
Member of the House of Representatives or an
elected officer of the House of Representatives
and who, within 1 year after that person leaves
office, knowingly makes, with the intent to
influence, any communication to or appearance
before any of the persons described in clause
(ii) or (iii), on behalf of any other person
(except the United States) in connection with
any matter on which such former Member of
Congress or elected officer seeks action by a
Member, officer, or employee of either House of
Congress, in his or her official capacity,
shall be punished as provided in section 216 of
this title.
(ii) The persons referred to in clause (i)
with respect to appearances or communications
by a former Member of the House of
Representatives are any Member, officer, or
employee of either House of Congress and any
employee of any other legislative office of the
Congress.
(iii) The persons referred to in clause (i)
with respect to appearances or communications
by a former elected officer are any Member,
officer, or employee of the House of
Representatives.
(2) Officers and staff of the Senate.--Any person who
is an elected officer of the Senate, or an employee of
the Senate to whom paragraph (7)(A) applies, and who,
within 1 year after that person leaves office or
employment, knowingly makes, with the intent to
influence, any communication to or appearance before
any Senator or any officer or employee of the Senate,
on behalf of any other person (except the United
States) in connection with any matter on which such
former elected officer or former employee seeks action
by a Senator or an officer or employee of the Senate,
in his or her official capacity, shall be punished as
provided in section 216 of this title.
(3) Personal staff.--(A) Any person who is an
employee of a Member of the House of Representatives to
whom paragraph (7)(A) applies and who, within 1 year
after the termination of that employment, knowingly
makes, with the intent to influence, any communication
to or appearance before any of the persons described in
subparagraph (B), on behalf of any other person (except
the United States) in connection with any matter on
which such former employee seeks action by a Member,
officer, or employee of either House of Congress, in
his or her official capacity, shall be punished as
provided in section 216 of this title.
(B) The persons referred to in subparagraph (A) with
respect to appearances or communications by a person
who is a former employee are the following:
(i) the Member of the House of
Representatives for whom that person was an
employee; and
(ii) any employee of that Member of the House
of Representatives.
(4) Committee staff.--Any person who is an employee
of a committee of the House of Representatives, or an
employee of a joint committee of the Congress whose pay
is disbursed by the Clerk of the House of
Representatives, to whom paragraph (7)(A) applies and
who, within 1 year after the termination of that
person's employment on such committee or joint
committee (as the case may be), knowingly makes, with
the intent to influence, any communication to or
appearance before any person who is a Member or an
employee of that committee or joint committee (as the
case may be) or who was a Member of the committee or
joint committee (as the case may be) in the year
immediately prior to the termination of such person's
employment by the committee or joint committee (as the
case may be), on behalf of any other person (except the
United States) in connection with any matter on which
such former employee seeks action by a Member, officer,
or employee of either House of Congress, in his or her
official capacity, shall be punished as provided in
section 216 of this title.
(5) Leadership staff.--(A) Any person who is an
employee on the leadership staff of the House of
Representatives to whom paragraph (7)(A) applies and
who, within 1 year after the termination of that
person's employment on such staff, knowingly makes,
with the intent to influence, any communication to or
appearance before any of the persons described in
subparagraph (B), on behalf of any other person (except
the United States) in connection with any matter on
which such former employee seeks action by a Member,
officer, or employee of either House of Congress, in
his or her official capacity, shall be punished as
provided in section 216 of this title.
(B) The persons referred to in subparagraph (A) with
respect to appearances or communications by a former
employee are any Member of the leadership of the House
of Representatives and any employee on the leadership
staff of the House of Representatives.
(6) Other legislative offices.--(A) Any person who is
an employee of any other legislative office of the
Congress to whom paragraph (7)(B) applies and who,
within 1 year after the termination of that person's
employment in such office, knowingly makes, with the
intent to influence, any communication to or appearance
before any of the persons described in subparagraph
(B), on behalf of any other person (except the United
States) in connection with any matter on which such
former employee seeks action by any officer or employee
of such office, in his or her official capacity, shall
be punished as provided in section 216 of this title.
(B) The persons referred to in subparagraph (A) with
respect to appearances or communications by a former
employee are the employees and officers of the former
legislative office of the Congress of the former
employee.
(7) Limitation on restrictions.--(A) The restrictions
contained in paragraphs (2), (3), (4), and (5) apply
only to acts by a former employee who, for at least 60
days, in the aggregate, during the 1-year period before
that former employee's service as such employee
terminated, was paid a rate of basic pay equal to or
greater than an amount which is 75 percent of the basic
rate of pay payable for a Member of the House of
Congress in which such employee was employed.
(B) The restrictions contained in paragraph (6) apply
only to acts by a former employee who, for at least 60
days, in the aggregate, during the 1-year period before
that former employee's service as such employee
terminated, was employed in a position for which the
rate of basic pay, exclusive of any locality-based pay
adjustment under section 5302 of title 5, is equal to
or greater than the basic rate of pay payable for level
IV of the Executive Schedule.
(8) Exception.--This subsection shall not apply to
contacts with the staff of the Secretary of the Senate
or the Clerk of the House of Representatives regarding
compliance with lobbying disclosure requirements under
the Lobbying Disclosure Act of 1995.
(9) Definitions.--As used in this subsection--
(A) the term ``committee of Congress''
includes standing committees, joint committees,
and select committees;
(B) a person is an employee of a House of
Congress if that person is an employee of the
Senate or an employee of the House of
Representatives;
(C) the term ``employee of the House of
Representatives'' means an employee of a Member
of the House of Representatives, an employee of
a committee of the House of Representatives, an
employee of a joint committee of the Congress
whose pay is disbursed by the Clerk of the
House of Representatives, and an employee on
the leadership staff of the House of
Representatives;
(D) the term ``employee of the Senate'' means
an employee of a Senator, an employee of a
committee of the Senate, an employee of a joint
committee of the Congress whose pay is
disbursed by the Secretary of the Senate, and
an employee on the leadership staff of the
Senate;
(E) a person is an employee of a Member of
the House of Representatives if that person is
an employee of a Member of the House of
Representatives under the clerk hire allowance;
(F) a person is an employee of a Senator if
that person is an employee in a position in the
office of a Senator;
(G) the term ``employee of any other
legislative office of the Congress'' means an
officer or employee of the Architect of the
Capitol, the United States Botanic Garden, the
Government Accountability Office, the
Government Publishing Office, the Library of
Congress, the Office of Technology Assessment,
the Congressional Budget Office, the United
States Capitol Police, and any other agency,
entity, or office in the legislative branch not
covered by paragraph (1), (2), (3), (4), or (5)
of this subsection;
(H) the term ``employee on the leadership
staff of the House of Representatives'' means
an employee of the office of a Member of the
leadership of the House of Representatives
described in subparagraph (L), and any elected
minority employee of the House of
Representatives;
(I) the term ``employee on the leadership
staff of the Senate'' means an employee of the
office of a Member of the leadership of the
Senate described in subparagraph (M);
(J) the term ``Member of Congress'' means a
Senator or a Member of the House of
Representatives;
(K) the term ``Member of the House of
Representatives'' means a Representative in, or
a Delegate or Resident Commissioner to, the
Congress;
(L) the term ``Member of the leadership of
the House of Representatives'' means the
Speaker, majority leader, minority leader,
majority whip, minority whip, chief deputy
majority whip, chief deputy minority whip,
chairman of the Democratic Steering Committee,
chairman and vice chairman of the Democratic
Caucus, chairman, vice chairman, and secretary
of the Republican Conference, chairman of the
Republican Research Committee, and chairman of
the Republican Policy Committee, of the House
of Representatives (or any similar position
created on or after the effective date set
forth in section 102(a) of the Ethics Reform
Act of 1989);
(M) the term ``Member of the leadership of
the Senate'' means the Vice President, and the
President pro tempore, Deputy President pro
tempore, majority leader, minority leader,
majority whip, minority whip, chairman and
secretary of the Conference of the Majority,
chairman and secretary of the Conference of the
Minority, chairman and co-chairman of the
Majority Policy Committee, and chairman of the
Minority Policy Committee, of the Senate (or
any similar position created on or after the
effective date set forth in section 102(a) of
the Ethics Reform Act of 1989).
(f) Restrictions Relating to Foreign Entities.--
(1) Restrictions.--Any person who is subject to the
restrictions contained in subsection (c), (d), or (e)
and who knowingly, within 1 year after leaving the
position, office, or employment referred to in such
subsection--
(A) represents a foreign entity before any
officer or employee of any department or agency
of the United States with the intent to
influence a decision of such officer or
employee in carrying out his or her official
duties, or
(B) aids or advises a foreign entity with the
intent to influence a decision of any officer
or employee of any department or agency of the
United States, in carrying out his or her
official duties,
shall be punished as provided in section 216 of this
title.
(2) Special rule for trade representative.--With
respect to a person who is the United States Trade
Representative or Deputy United States Trade
Representative, the restrictions described in paragraph
(1) shall apply to representing, aiding, or advising
foreign entities at any time after the termination of
that person's service as the United States Trade
Representative.
(3) Definition.--For purposes of this subsection, the
term ``foreign entity'' means the government of a
foreign country as defined in section 1(e) of the
Foreign Agents Registration Act of 1938, as amended, or
a foreign political party as defined in section 1(f) of
that Act.
(g) Special Rules for Detailees.--For purposes of this
section, a person who is detailed from one department, agency,
or other entity to another department, agency, or other entity
shall, during the period such person is detailed, be deemed to
be an officer or employee of both departments, agencies, or
such entities.
(h) Designations of Separate Statutory Agencies and
Bureaus.--
(1) Designations.--For purposes of subsection (c) and
except as provided in paragraph (2), whenever the
Director of the Office of Government Ethics determines
that an agency or bureau within a department or agency
in the executive branch exercises functions which are
distinct and separate from the remaining functions of
the department or agency and that there exists no
potential for use of undue influence or unfair
advantage based on past Government service, the
Director shall by rule designate such agency or bureau
as a separate department or agency. On an annual basis
the Director of the Office of Government Ethics shall
review the designations and determinations made under
this subparagraph and, in consultation with the
department or agency concerned, make such additions and
deletions as are necessary. Departments and agencies
shall cooperate to the fullest extent with the Director
of the Office of Government Ethics in the exercise of
his or her responsibilities under this paragraph.
(2) Inapplicability of designations.--No agency or
bureau within the Executive Office of the President may
be designated under paragraph (1) as a separate
department or agency. No designation under paragraph
(1) shall apply to persons referred to in subsection
(c)(2)(A)(i) or (iii).
(i) Definitions.--For purposes of this section--
(1) the term ``officer or employee'', when used to
describe the person to whom a communication is made or
before whom an appearance is made, with the intent to
influence, shall include--
(A) in subsections (a), (c), and (d), the
President and the Vice President; and
(B) in subsection (f), the President, the
Vice President, and Members of Congress;
(2) the term ``participated'' means an action taken
as an officer or employee through decision, approval,
disapproval, recommendation, the rendering of advice,
investigation, or other such action; and
(3) the term ``particular matter'' includes any
investigation, application, request for a ruling or
determination, rulemaking, contract, controversy,
claim, charge, accusation, arrest, or judicial or other
proceeding.
(j) Exceptions.--
(1) Official government duties.--
(A) In general.--The restrictions contained
in this section shall not apply to acts done in
carrying out official duties on behalf of the
United States or the District of Columbia or as
an elected official of a State or local
government.
(B) Tribal organizations and inter-tribal
consortiums.--The restrictions contained in
this section shall not apply to acts authorized
by section 104(j) of the Indian Self-
Determination and Education Assistance Act (25
U.S.C. 450i(j)).
(2) State and local governments and institutions,
hospitals, and organizations.--The restrictions
contained in subsections (c), (d), and (e) shall not
apply to acts done in carrying out official duties as
an employee of--
(A) an agency or instrumentality of a State
or local government if the appearance,
communication, or representation is on behalf
of such government, or
(B) an accredited, degree-granting
institution of higher education, as defined in
section 101 of the Higher Education Act of
1965, or a hospital or medical research
organization, exempted and defined under
section 501(c)(3) of the Internal Revenue Code
of 1986, if the appearance, communication, or
representation is on behalf of such
institution, hospital, or organization.
(3) International organizations.--The restrictions
contained in this section shall not apply to an
appearance or communication on behalf of, or advice or
aid to, an international organization in which the
United States participates, if the Secretary of State
certifies in advance that such activity is in the
interests of the United States.
(4) Special knowledge.--The restrictions contained in
subsections (c), (d), and (e) shall not prevent an
individual from making or providing a statement, which
is based on the individual's own special knowledge in
the particular area that is the subject of the
statement, if no compensation is thereby received.
(5) Exception for scientific or technological
information.--The restrictions contained in subsections
(a), (c), and (d) shall not apply with respect to the
making of communications solely for the purpose of
furnishing scientific or technological information, if
such communications are made under procedures
acceptable to the department or agency concerned or if
the head of the department or agency concerned with the
particular matter, in consultation with the Director of
the Office of Government Ethics, makes a certification,
published in the Federal Register, that the former
officer or employee has outstanding qualifications in a
scientific, technological, or other technical
discipline, and is acting with respect to a particular
matter which requires such qualifications, and that the
national interest would be served by the participation
of the former officer or employee. For purposes of this
paragraph, the term ``officer or employee'' includes
the Vice President.
(6) Exception for testimony.--Nothing in this section
shall prevent an individual from giving testimony under
oath, or from making statements required to be made
under penalty of perjury. Notwithstanding the preceding
sentence--
(A) a former officer or employee of the
executive branch of the United States
(including any independent agency) who is
subject to the restrictions contained in
subsection (a)(1) with respect to a particular
matter may not, except pursuant to court order,
serve as an expert witness for any other person
(except the United States) in that matter; and
(B) a former officer or employee of the
District of Columbia who is subject to the
restrictions contained in subsection (a)(1)
with respect to a particular matter may not,
except pursuant to court order, serve as an
expert witness for any other person (except the
District of Columbia) in that matter.
(7) Political parties and campaign committees.--(A)
Except as provided in subparagraph (B), the
restrictions contained in subsections (c), (d), and (e)
shall not apply to a communication or appearance made
solely on behalf of a candidate in his or her capacity
as a candidate, an authorized committee, a national
committee, a national Federal campaign committee, a
State committee, or a political party.
(B) Subparagraph (A) shall not apply to--
(i) any communication to, or appearance
before, the Federal Election Commission by a
former officer or employee of the Federal
Election Commission; or
(ii) a communication or appearance made by a
person who is subject to the restrictions
contained in subsections (c), (d), or (e) if,
at the time of the communication or appearance,
the person is employed by a person or entity
other than--
(I) a candidate, an authorized
committee, a national committee, a
national Federal campaign committee, a
State committee, or a political party;
or
(II) a person or entity who
represents, aids, or advises only
persons or entities described in
subclause (I).
(C) For purposes of this paragraph--
(i) the term ``candidate'' means any person
who seeks nomination for election, or election,
to Federal or State office or who has
authorized others to explore on his or her
behalf the possibility of seeking nomination
for election, or election, to Federal or State
office;
(ii) the term ``authorized committee'' means
any political committee designated in writing
by a candidate as authorized to receive
contributions or make expenditures to promote
the nomination for election, or the election,
of such candidate, or to explore the
possibility of seeking nomination for election,
or the election, of such candidate, except that
a political committee that receives
contributions or makes expenditures to promote
more than 1 candidate may not be designated as
an authorized committee for purposes of
subparagraph (A);
(iii) the term ``national committee'' means
the organization which, by virtue of the bylaws
of a political party, is responsible for the
day- to-day operation of such political party
at the national level;
(iv) the term ``national Federal campaign
committee'' means an organization that, by
virtue of the bylaws of a political party, is
established primarily for the purpose of
providing assistance, at the national level, to
candidates nominated by that party for election
to the office of Senator or Representative in,
or Delegate or Resident Commissioner to, the
Congress;
(v) the term ``State committee'' means the
organization which, by virtue of the bylaws of
a political party, is responsible for the day-
to-day operation of such political party at the
State level; or
(vi) the term ``political party'' means an
association, committee, or organization that
nominates a candidate for election to any
Federal or State elected office whose name
appears on the election ballot as the candidate
of such association, committee, or
organization[; and].
[(vii) the term ``State'' means a State of
the United States, the District of Columbia,
the Commonwealth of Puerto Rico, and any
territory or possession of the United States.]
(k)(1)(A) The President may grant a waiver of a restriction
imposed by this section to any officer or employee described in
paragraph (2) if the President determines and certifies in
writing that it is in the public interest to grant the waiver
and that the services of the officer or employee are critically
needed for the benefit of the Federal Government. Not more than
25 officers and employees currently employed by the Federal
Government at any one time may have been granted waivers under
this paragraph.
(B)(i) A waiver granted under this paragraph to any person
shall apply only with respect to activities engaged in by that
person after that person's Federal Government employment is
terminated and only to that person's employment at a
Government-owned, contractor operated entity with which the
person served as an officer or employee immediately before the
person's Federal Government employment began.
(ii) Notwithstanding clause (i), a waiver granted under this
paragraph to any person who was an officer or employee of
Lawrence Livermore National Laboratory, Los Alamos National
Laboratory, or Sandia National Laboratory immediately before
the person's Federal Government employment began shall apply to
that person's employment by any such national laboratory after
the person's employment by the Federal Government is
terminated.
(2) Waivers under paragraph (1) may be granted only to
civilian officers and employees of the executive branch, other
than officers and employees in the Executive Office of the
President.
(3) A certification under paragraph (1) shall take effect
upon its publication in the Federal Register and shall
identify--
(A) the officer or employee covered by the waiver by
name and by position, and
(B) the reasons for granting the waiver.
A copy of the certification shall also be provided to the
Director of the Office of Government Ethics.
(4) The President may not delegate the authority provided by
this subsection.
(5)(A) Each person granted a waiver under this subsection
shall prepare reports, in accordance with subparagraph (B),
stating whether the person has engaged in activities otherwise
prohibited by this section for each six-month period described
in subparagraph (B), and if so, what those activities were.
(B) A report under subparagraph (A) shall cover each six-
month period beginning on the date of the termination of the
person's Federal Government employment (with respect to which
the waiver under this subsection was granted) and ending two
years after that date. Such report shall be filed with the
President and the Director of the Office of Government Ethics
not later than 60 days after the end of the six-month period
covered by the report. All reports filed with the Director
under this paragraph shall be made available for public
inspection and copying.
(C) If a person fails to file any report in accordance with
subparagraphs (A) and (B), the President shall revoke the
waiver and shall notify the person of the revocation. The
revocation shall take effect upon the person's receipt of the
notification and shall remain in effect until the report is
filed.
(D) Any person who is granted a waiver under this subsection
shall be ineligible for appointment in the civil service unless
all reports required of such person by subparagraphs (A) and
(B) have been filed.
(E) As used in this subsection, the term ``civil service''
has the meaning given that term in section 2101 of title 5.
(l) Contract Advice by Former Details.--Whoever, being an
employee of a private sector organization assigned to an agency
under chapter 37 of title 5, within one year after the end of
that assignment, knowingly represents or aids, counsels, or
assists in representing any other person (except the United
States) in connection with any contract with that agency shall
be punished as provided in section 216 of this title.
* * * * * * *
CHAPTER 11A--CHILD SUPPORT
* * * * * * *
Sec. 224. Bribery in sporting contests
(a) Whoever carries into effect, attempts to carry into
effect, or conspires with any other person to carry into effect
any scheme in commerce to influence, in any way, by bribery any
sporting contest, with knowledge that the purpose of such
scheme is to influence by bribery that contest, shall be fined
under this title, or imprisoned not more than 5 years, or both.
(b) This section shall not be construed as indicating an
intent on the part of Congress to occupy the field in which
this section operates to the exclusion of a law of any State[,
territory, Commonwealth, or possession] of the United States,
and no law of any State[, territory, Commonwealth, or
possession] of the United States, which would be valid in the
absence of the section shall be declared invalid, and no local
authorities shall be deprived of any jurisdiction over any
offense over which they would have jurisdiction in the absence
of this section.
(c) As used in this section--
(1) The term ``scheme in commerce'' means any scheme
effectuated in whole or in part through the use in
interstate or foreign commerce of any facility for
transportation or communication;
(2) The term ``sporting contest'' means any contest
in any sport, between individual contestants or teams
of contestants (without regard to the amateur or
professional status of the contestants therein), the
occurrence of which is publicly announced before its
occurrence;
(3) The term ``person'' means any individual and any
partnership, corporation, association, or other entity.
* * * * * * *
Sec. 228. Failure to pay legal child support obligations
(a) Offense.--Any person who--
(1) willfully fails to pay a support obligation with
respect to a child who resides in another State, if
such obligation has remained unpaid for a period longer
than 1 year, or is greater than $5,000;
(2) travels in interstate or foreign commerce with
the intent to evade a support obligation, if such
obligation has remained unpaid for a period longer than
1 year, or is greater than $5,000; or
(3) willfully fails to pay a support obligation with
respect to a child who resides in another State, if
such obligation has remained unpaid for a period longer
than 2 years, or is greater than $10,000;
shall be punished as provided in subsection (c).
(b) Presumption.--The existence of a support obligation that
was in effect for the time period charged in the indictment or
information creates a rebuttable presumption that the obligor
has the ability to pay the support obligation for that time
period.
(c) Punishment.--The punishment for an offense under this
section is--
(1) in the case of a first offense under subsection
(a)(1), a fine under this title, imprisonment for not
more than 6 months, or both; and
(2) in the case of an offense under paragraph (2) or
(3) of subsection (a), or a second or subsequent
offense under subsection (a)(1), a fine under this
title, imprisonment for not more than 2 years, or both.
(d) Mandatory Restitution.--Upon a conviction under this
section, the court shall order restitution under section 3663A
in an amount equal to the total unpaid support obligation as it
exists at the time of sentencing.
(e) Venue.--With respect to an offense under this section, an
action may be inquired of and prosecuted in a district court of
the United States for--
(1) the district in which the child who is the
subject of the support obligation involved resided
during a period during which a person described in
subsection (a) (referred to in this subsection as an
``obliger'') failed to meet that support obligation;
(2) the district in which the obliger resided during
a period described in paragraph (1); or
(3) any other district with jurisdiction otherwise
provided for by law.
(f) Definitions.--As used in this section--
(1) the term ``Indian tribe'' has the meaning given
that term in section 102 of the Federally Recognized
Indian Tribe List Act of 1994 (25 U.S.C. 479a);; and
[(2) the term ``State'' includes any State of the
United States, the District of Columbia, and any
commonwealth, territory, or possession of the United
States; and]
(3) the term ``support obligation'' means any amount
determined under a court order or an order of an
administrative process pursuant to the law of a State
or of an Indian tribe to be due from a person for the
support and maintenance of a child or of a child and
the parent with whom the child is living.
* * * * * * *
CHAPTER 12--CIVIL DISORDERS
* * * * * * *
Sec. 232. Definitions
For purposes of this chapter:
(1) The term ``civil disorder'' means any public disturbance
involving acts of violence by assemblages of three or more
persons, which causes an immediate danger of or results in
damage or injury to the property or person of any other
individual.
(2) The term ``commerce'' means commerce (A) between any
State or the District of Columbia and any place outside
thereof; (B) between points within any State or the District of
Columbia, but through any place outside thereof; or (C) wholly
within the District of Columbia.
(3) The term ``federally protected function'' means any
function, operation, or action carried out, under the laws of
the United States, by any department, agency, or
instrumentality of the United States or by an officer or
employee thereof; and such term shall specifically include, but
not be limited to, the collection and distribution of the
United States mails.
(4) The term ``firearm'' means any weapon which is designed
to or may readily be converted to expel any projectile by the
action of an explosive; or the frame or receiver of any such
weapon.
(5) The term ``explosive or incendiary device'' means (A)
dynamite and all other forms of high explosives, (B) any
explosive bomb, grenade, missile, or similar device, and (C)
any incendiary bomb or grenade, fire bomb, or similar device,
including any device which (i) consists of or includes a
breakable container including a flammable liquid or compound,
and a wick composed of any material which, when ignited, is
capable of igniting such flammable liquid or compound, and (ii)
can be carried or thrown by one individual acting alone.
(6) The term ``fireman'' means any member of a fire
department (including a volunteer fire department) of any
State, any political subdivision of a State, or the District of
Columbia.
(7) The term ``law enforcement officer'' means any officer or
employee of the United States, any State, any political
subdivision of a State, or the District of Columbia, while
engaged in the enforcement or prosecution of any of the
criminal laws of the United States, a State, any political
subdivision of a State, or the District of Columbia; and such
term shall specifically include members of the National Guard
(as defined in section 101 of title 10), members of the
organized militia of any State, or territory of the United
States, the Commonwealth of Puerto Rico, or the District of
Columbia not included within the National Guard (as defined in
section 101 of title 10), and members of the Armed Forces of
the United States, while engaged in suppressing acts of
violence or restoring law and order during a civil disorder.
[(8) The term ``State'' includes a State of the United
States, and any commonwealth, territory, or possession of the
United States.]
* * * * * * *
CHAPTER 13--CIVIL RIGHTS
* * * * * * *
Sec. 242. Deprivation of rights under color of law
Whoever, under color of any law, statute, ordinance,
regulation, or custom, willfully subjects any person in any
State[, Territory, Commonwealth, Possession, or District] to
the deprivation of any rights, privileges, or immunities
secured or protected by the Constitution or laws of the United
States, or to different punishments, pains, or penalties, on
account of such person being an alien, or by reason of his
color, or race, than are prescribed for the punishment of
citizens, shall be fined under this title or imprisoned not
more than one year, or both; and if bodily injury results from
the acts committed in violation of this section or if such acts
include the use, attempted use, or threatened use of a
dangerous weapon, explosives, or fire, shall be fined under
this title or imprisoned not more than ten years, or both; and
if death results from the acts committed in violation of this
section or if such acts include kidnapping or an attempt to
kidnap, aggravated sexual abuse, or an attempt to commit
aggravated sexual abuse, or an attempt to kill, shall be fined
under this title, or imprisoned for any term of years or for
life, or both, or may be sentenced to death.
* * * * * * *
Sec. 245. Federally protected activities
(a)(1) Nothing in this section shall be construed as
indicating an intent on the part of Congress to prevent any
State, any possession or Commonwealth of the United States, or
the District of Columbia, from exercising jurisdiction over any
offense over which it would have jurisdiction in the absence of
this section, nor shall anything in this section be construed
as depriving State and local law enforcement authorities of
responsibility for prosecuting acts that may be violations of
this section and that are violations of State and local law. No
prosecution of any offense described in this section shall be
undertaken by the United States except upon the certification
in writing of the Attorney General, the Deputy Attorney
General, the Associate Attorney General, or any Assistant
Attorney General specially designated by the Attorney General
that in his judgment a prosecution by the United States is in
the public interest and necessary to secure substantial
justice, which function of certification may not be delegated.
(2) Nothing in this subsection shall be construed to limit
the authority of Federal officers, or a Federal grand jury, to
investigate possible violations of this section.
(b) Whoever, whether or not acting under color of law, by
force or threat of force willfully injures, intimidates or
interferes with, or attempts to injure, intimidate or interfere
with--
(1) any person because he is or has been, or in order
to intimidate such person or any other person or any
class of persons from--
(A) voting or qualifying to vote, qualifying
or campaigning as a candidate for elective
office, or qualifying or acting as a poll
watcher, or any legally authorized election
official, in any primary, special, or general
election;
(B) participating in or enjoying any benefit,
service, privilege, program, facility, or
activity provided or administered by the United
States;
(C) applying for or enjoying employment, or
any perquisite thereof, by any agency of the
United States;
(D) serving, or attending upon any court in
connection with possible service, as a grand or
petit juror in any court of the United States;
(E) participating in or enjoying the benefits
of any program or activity receiving Federal
financial assistance; or
(2) any person because of his race, color, religion
or national origin and because he is or has been--
(A) enrolling in or attending any public
school or public college;
(B) participating in or enjoying any benefit
service, privilege, program, facility or
activity provided or administered by any State
or subdivision thereof;
(C) applying for or enjoying employment, or
any perquisite thereof, by any private employer
or any agency of any State or subdivision
thereof, or joining or using the services or
advantages of any labor organization, hiring
hall, or employment agency;
(D) serving, or attending upon any court of
any State in connection with possible service,
as a grand or petit juror;
(E) traveling in or using any facility of
interstate commerce, or using any vehicle,
terminal, or facility of any common carrier by
motor, rail, water, or air;
(F) enjoying the goods, services, facilities,
privileges, advantages, or accommodations of
any inn, hotel, motel, or other establishment
which provides lodging to transient guests, or
of any restaurant, cafeteria, lunchroom, lunch
counter, soda fountain, or other facility which
serves the public and which is principally
engaged in selling food or beverages for
consumption on the premises, or of any gasoline
station, or of any motion picture house,
theater, concert hall, sports arena, stadium,
or any other place of exhibition or
entertainment which serves the public, or of
any other establishment which serves the public
and (i) which is located within the premises of
any of the aforesaid establishments or within
the premises of which is physically located any
of the aforesaid establishments, and (ii) which
holds itself out as serving patrons of such
establishments; or
(3) during or incident to a riot or civil disorder,
any person engaged in a business in commerce or
affecting commerce, including, but not limited to, any
person engaged in a business which sells or offers for
sale to interstate travelers a substantial portion of
the articles, commodities, or services which it sells
or where a substantial portion of the articles or
commodities which it sells or offers for sale have
moved in commerce; or
(4) any person because he is or has been, or in order
to intimidate such person or any other person or any
class of persons from--
(A) participating, without discrimination on
account of race, color, religion or national
origin, in any of the benefits or activities
described in subparagraphs (1)(A) through
(1)(E) or subparagraphs (2)(A) through (2)(F);
or
(B) affording another person or class of
persons opportunity or protection to so
participate; or
(5) any citizen because he is or has been, or in
order to intimidate such citizen or any other citizen
from lawfully aiding or encouraging other persons to
participate, without discrimination on account of race,
color, religion or national origin, in any of the
benefits or activities described in subparagraphs
(1)(A) through (1)(E) or subparagraphs (2)(A) through
(2)(F), or participating lawfully in speech or peaceful
assembly opposing any denial of the opportunity to so
participate--
shall be fined under this title, or imprisoned not more than
one year, or both; and if bodily injury results from the acts
committed in violation of this section or if such acts include
the use, attempted use, or threatened use of a dangerous
weapon, explosives, or fire shall be fined under this title, or
imprisoned not more than ten years, or both; and if death
results from the acts committed in violation of this section or
if such acts include kidnapping or an attempt to kidnap,
aggravated sexual abuse or an attempt to commit aggravated
sexual abuse, or an attempt to kill, shall be fined under this
title or imprisoned for any term of years or for life, or both,
or may be sentenced to death. As used in this section, the term
``participating lawfully in speech or peaceful assembly'' shall
not mean the aiding, abetting, or inciting of other persons to
riot or to commit any act of physical violence upon any
individual or against any real or personal property in
furtherance of a riot. Nothing in subparagraph (2)(F) or (4)(A)
of this subsection shall apply to the proprietor of any
establishment which provides lodging to transient guests, or to
any employee acting on behalf of such proprietor, with respect
to the enjoyment of the goods, services, facilities,
privileges, advantages, or accommodations of such establishment
if such establishment is located within a building which
contains not more than five rooms for rent or hire and which is
actually occupied by the proprietor as his residence.
(c) Nothing in this section shall be construed so as to deter
any law enforcement officer from lawfully carrying out the
duties of his office; and no law enforcement officer shall be
considered to be in violation of this section for lawfully
carrying out the duties of his office or lawfully enforcing
ordinances and laws of the United States, the District of
Columbia, any of the several States, or any political
subdivision of a State. For purposes of the preceding sentence,
the term ``law enforcement officer'' means any officer of the
United States, the District of Columbia, a State, or political
subdivision of a State, who is empowered by law to conduct
investigations of, or make arrests because of, offenses against
the United States, the District of Columbia, a State, or a
political subdivision of a State.
[(d) For purposes of this section, the term ``State''
includes a State of the United States, the District of
Columbia, and any commonwealth, territory, or possession of the
United States.]
* * * * * * *
Sec. 248. Freedom of access to clinic entrances
(a) Prohibited Activities.--Whoever--
(1) by force or threat of force or by physical
obstruction, intentionally injures, intimidates or
interferes with or attempts to injure, intimidate or
interfere with any person because that person is or has
been, or in order to intimidate such person or any
other person or any class of persons from, obtaining or
providing reproductive health services;
(2) by force or threat of force or by physical
obstruction, intentionally injures, intimidates or
interferes with or attempts to injure, intimidate or
interfere with any person lawfully exercising or
seeking to exercise the First Amendment right of
religious freedom at a place of religious worship; or
(3) intentionally damages or destroys the property of
a facility, or attempts to do so, because such facility
provides reproductive health services, or intentionally
damages or destroys the property of a place of
religious worship,
shall be subject to the penalties provided in subsection (b)
and the civil remedies provided in subsection (c), except that
a parent or legal guardian of a minor shall not be subject to
any penalties or civil remedies under this section for such
activities insofar as they are directed exclusively at that
minor.
(b) Penalties.--Whoever violates this section shall--
(1) in the case of a first offense, be fined in
accordance with this title, or imprisoned not more than
one year, or both; and
(2) in the case of a second or subsequent offense
after a prior conviction under this section, be fined
in accordance with this title, or imprisoned not more
than 3 years, or both;
except that for an offense involving exclusively a nonviolent
physical obstruction, the fine shall be not more than $10,000
and the length of imprisonment shall be not more than six
months, or both, for the first offense; and the fine shall,
notwithstanding section 3571, be not more than $25,000 and the
length of imprisonment shall be not more than 18 months, or
both, for a subsequent offense; and except that if bodily
injury results, the length of imprisonment shall be not more
than 10 years, and if death results, it shall be for any term
of years or for life.
(c) Civil Remedies.--
(1) Right of action.--
(A) In general.--Any person aggrieved by
reason of the conduct prohibited by subsection
(a) may commence a civil action for the relief
set forth in subparagraph (B), except that such
an action may be brought under subsection
(a)(1) only by a person involved in providing
or seeking to provide, or obtaining or seeking
to obtain, services in a facility that provides
reproductive health services, and such an
action may be brought under subsection (a)(2)
only by a person lawfully exercising or seeking
to exercise the First Amendment right of
religious freedom at a place of religious
worship or by the entity that owns or operates
such place of religious worship.
(B) Relief.--In any action under subparagraph
(A), the court may award appropriate relief,
including temporary, preliminary or permanent
injunctive relief and compensatory and punitive
damages, as well as the costs of suit and
reasonable fees for attorneys and expert
witnesses. With respect to compensatory
damages, the plaintiff may elect, at any time
prior to the rendering of final judgment, to
recover, in lieu of actual damages, an award of
statutory damages in the amount of $5,000 per
violation.
(2) Action by attorney general of the United
States.--
(A) In general.--If the Attorney General of
the United States has reasonable cause to
believe that any person or group of persons is
being, has been, or may be injured by conduct
constituting a violation of this section, the
Attorney General may commence a civil action in
any appropriate United States District Court.
(B) Relief.--In any action under subparagraph
(A), the court may award appropriate relief,
including temporary, preliminary or permanent
injunctive relief, and compensatory damages to
persons aggrieved as described in paragraph
(1)(B). The court, to vindicate the public
interest, may also assess a civil penalty
against each respondent--
(i) in an amount not exceeding
$10,000 for a nonviolent physical
obstruction and $15,000 for other first
violations; and
(ii) in an amount not exceeding
$15,000 for a nonviolent physical
obstruction and $25,000 for any other
subsequent violation.
(3) Actions by State Attorneys General.--
(A) In general.--If the Attorney General of a
State has reasonable cause to believe that any
person or group of persons is being, has been,
or may be injured by conduct constituting a
violation of this section, such Attorney
General may commence a civil action in the name
of such State, as parens patriae on behalf of
natural persons residing in such State, in any
appropriate United States District Court.
(B) Relief.--In any action under subparagraph
(A), the court may award appropriate relief,
including temporary, preliminary or permanent
injunctive relief, compensatory damages, and
civil penalties as described in paragraph
(2)(B).
(d) 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, occurring outside a facility, regardless
of the point of view expressed, or to limit any
existing legal remedies for such interference;
(3) to provide exclusive criminal penalties or civil
remedies with respect to the conduct prohibited by this
section, or to preempt State or local laws that may
provide such penalties or remedies; or
(4) to interfere with the enforcement of State or
local laws regulating the performance of abortions or
other reproductive health services.
(e) Definitions.--As used in this section:
(1) Facility.--The term ``facility'' includes a
hospital, clinic, physician's office, or other facility
that provides reproductive health services, and
includes the building or structure in which the
facility is located.
(2) Interfere with.--The term ``interfere with''
means to restrict a person's freedom of movement.
(3) Intimidate.--The term ``intimidate'' means to
place a person in reasonable apprehension of bodily
harm to him- or herself or to another.
(4) Physical obstruction.--The term ``physical
obstruction'' means rendering impassable ingress to or
egress from a facility that provides reproductive
health services or to or from a place of religious
worship, or rendering passage to or from such a
facility or place of religious worship unreasonably
difficult or hazardous.
(5) Reproductive health services.--The term
``reproductive health services'' means reproductive
health services provided in a hospital, clinic,
physician's office, or other facility, and includes
medical, surgical, counselling or referral services
relating to the human reproductive system, including
services relating to pregnancy or the termination of a
pregnancy.
[(6) State.--The term ``State'' includes a State of
the United States, the District of Columbia, and any
commonwealth, territory, or possession of the United
States.]
Sec. 249. Hate crime acts
(a) In General.--
(1) Offenses involving actual or perceived race,
color, religion, or national origin.--Whoever, whether
or not acting under color of law, willfully causes
bodily injury to any person or, through the use of
fire, a firearm, a dangerous weapon, or an explosive or
incendiary device, attempts to cause bodily injury to
any person, because of the actual or perceived race,
color, religion, or national origin of any person--
(A) shall be imprisoned not more than 10
years, fined in accordance with this title, or
both; and
(B) shall be imprisoned for any term of years
or for life, fined in accordance with this
title, or both, if--
(i) death results from the offense;
or
(ii) the offense includes kidnapping
or an attempt to kidnap, aggravated
sexual abuse or an attempt to commit
aggravated sexual abuse, or an attempt
to kill.
(2) Offenses involving actual or perceived religion,
national origin, gender, sexual orientation, gender
identity, or disability.--
(A) In general.--Whoever, whether or not
acting under color of law, in any circumstance
described in subparagraph (B) or paragraph (3),
willfully causes bodily injury to any person
or, through the use of fire, a firearm, a
dangerous weapon, or an explosive or incendiary
device, attempts to cause bodily injury to any
person, because of the actual or perceived
religion, national origin, gender, sexual
orientation, gender identity, or disability of
any person--
(i) shall be imprisoned not more than
10 years, fined in accordance with this
title, or both; and
(ii) shall be imprisoned for any term
of years or for life, fined in
accordance with this title, or both,
if--
(I) death results from the
offense; or
(II) the offense includes
kidnapping or an attempt to
kidnap, aggravated sexual abuse
or an attempt to commit
aggravated sexual abuse, or an
attempt to kill.
(B) Circumstances described.--For purposes of
subparagraph (A), the circumstances described
in this subparagraph are that--
(i) the conduct described in
subparagraph (A) occurs during the
course of, or as the result of, the
travel of the defendant or the victim--
(I) across a State line or
national border; or
(II) using a channel,
facility, or instrumentality of
interstate or foreign commerce;
(ii) the defendant uses a channel,
facility, or instrumentality of
interstate or foreign commerce in
connection with the conduct described
in subparagraph (A);
(iii) in connection with the conduct
described in subparagraph (A), the
defendant employs a firearm, dangerous
weapon, explosive or incendiary device,
or other weapon that has traveled in
interstate or foreign commerce; or
(iv) the conduct described in
subparagraph (A)--
(I) interferes with
commercial or other economic
activity in which the victim is
engaged at the time of the
conduct; or
(II) otherwise affects
interstate or foreign commerce.
(3) Offenses occurring in the special maritime or
territorial jurisdiction of the United States.--
Whoever, within the special maritime or territorial
jurisdiction of the United States, engages in conduct
described in paragraph (1) or in paragraph (2)(A)
(without regard to whether that conduct occurred in a
circumstance described in paragraph (2)(B)) shall be
subject to the same penalties as prescribed in those
paragraphs.
(4) Guidelines.--All prosecutions conducted by the
United States under this section shall be undertaken
pursuant to guidelines issued by the Attorney General,
or the designee of the Attorney General, to be included
in the United States Attorneys' Manual that shall
establish neutral and objective criteria for
determining whether a crime was committed because of
the actual or perceived status of any person.
(b) Certification Requirement.--
(1) In general.--No prosecution of any offense
described in this subsection may be undertaken by the
United States, except under the certification in
writing of the Attorney General, or a designee, that--
(A) the State does not have jurisdiction;
(B) the State has requested that the Federal
Government assume jurisdiction;
(C) the verdict or sentence obtained pursuant
to State charges left demonstratively
unvindicated the Federal interest in
eradicating bias-motivated violence; or
(D) a prosecution by the United States is in
the public interest and necessary to secure
substantial justice.
(2) Rule of construction.--Nothing in this subsection
shall be construed to limit the authority of Federal
officers, or a Federal grand jury, to investigate
possible violations of this section.
(c) Definitions.--In this section--
(1) the term ``bodily injury'' has the meaning given
such term in [section 1365(h)(4) of this title] section
1, but does not include solely emotional or
psychological harm to the victim;
(2) the term ``explosive or incendiary device'' has
the meaning given such term in section 232 of this
title;
(3) the term ``firearm'' has the meaning given such
term in section 921(a) of this title; and
(4) the term ``gender identity'' means actual or
perceived gender-related characteristics[; and].
[(5) the term ``State'' includes the District of
Columbia, Puerto Rico, and any other territory or
possession of the United States.]
(d) Statute of Limitations.--
(1) Offenses not resulting in death.--Except as
provided in paragraph (2), no person shall be
prosecuted, tried, or punished for any offense under
this section unless the indictment for such offense is
found, or the information for such offense is
instituted, not later than 7 years after the date on
which the offense was committed.
(2) Death resulting offenses.--An indictment or
information alleging that an offense under this section
resulted in death may be found or instituted at any
time without limitation.
* * * * * * *
CHAPTER 19--CONSPIRACY
* * * * * * *
Sec. 372. Conspiracy to impede or injure officer
If two or more persons in any State[, Territory, Possession,
or District] conspire to prevent, by force, intimidation, or
threat, any person from accepting or holding any office, trust,
or place of confidence under the United States, or from
discharging any duties thereof, or to induce by like means any
officer of the United States to leave the place, where his
duties as an officer are required to be performed, or to injure
him in his person or property on account of his lawful
discharge of the duties of his office, or while engaged in the
lawful discharge thereof, or to injure his property so as to
molest, interrupt, hinder, or impede him in the discharge of
his official duties, each of such persons shall be fined under
this title or imprisoned not more than six years, or both.
* * * * * * *
CHAPTER 21--CONTEMPTS
* * * * * * *
Sec. 402. Contempts constituting crimes
Any person, corporation or association willfully disobeying
any lawful writ, process, order, rule, decree, or command of
any district court of the United States or any court of the
District of Columbia, by doing any act or thing therein, or
thereby forbidden, if the act or thing so done be of such
character as to constitute also a criminal offense under any
statute of the United States or under the laws of any State in
which the act was committed, shall be prosecuted for such
contempt as provided in section 3691 of this title and shall be
punished by a fine under this title or imprisonment, or both.
Such fine shall be paid to the United States or to the
complainant or other party injured by the act constituting the
contempt, or may, where more than one is so damaged, be divided
or apportioned among them as the court may direct, but in no
case shall the fine to be paid to the United States exceed, in
case the accused is a natural person, the sum of $1,000, nor
shall such imprisonment exceed the term of six months.
This section shall not be construed to relate to contempts
committed in the presence of the court, or so near thereto as
to obstruct the administration of justice, nor to contempts
committed in disobedience of any lawful writ, process, order,
rule, decree, or command entered in any suit or action brought
or prosecuted in the name of, or on behalf of, the United
States, but the same, and all other cases of contempt not
specifically embraced in this section may be punished in
conformity to the prevailing usages at law.
[
[For purposes of this section, the term ``State'' includes a
State of the United States, the District of Columbia, and any
commonwealth, territory, or possession of the United States.]
* * * * * * *
CHAPTER 25--COUNTERFEITING AND FORGERY
* * * * * * *
Sec. 491. Tokens or paper used as money
(a) Whoever, being 18 years of age or over, not lawfully
authorized, makes, issues, or passes any coin, card, token, or
device in metal, or its compounds, intended to be used as
money, or whoever, being 18 years of age or over, with intent
to defraud, makes, utters, inserts, or uses any card, token,
slug, disk, device, paper, or other thing similar in size and
shape to any of the lawful coins or other currency of the
United States or any coin or other currency not legal tender in
the United States, to procure anything of value, or the use or
enjoyment of any property or service from any automatic
merchandise vending machine, postage-stamp machine, turnstile,
fare box, coinbox telephone, parking meter or other lawful
receptacle, depository, or contrivance designed to receive or
to be operated by lawful coins or other currency of the United
States, shall be fined under this title, or imprisoned not more
than one year, or both.
(b) Whoever manufactures, sells, offers, or advertises for
sale, or exposes or keeps with intent to furnish or sell any
token, slug, disk, device, paper, or other thing similar in
size and shape to any of the lawful coins or other currency of
the United States, or any token, disk, paper, or other device
issued or authorized in connection with rationing or food and
fiber distribution by any agency of the United States, with
knowledge or reason to believe that such tokens, slugs, disks,
devices, papers, or other things are intended to be used
unlawfully or fraudulently to procure anything of value, or the
use or enjoyment of any property or service from any automatic
merchandise vending machine, postage-stamp machine, turnstile,
fare box, coinbox telephone, parking meter, or other lawful
receptacle, depository, or contrivance designed to receive or
to be operated by lawful coins or other currency of the United
States shall be fined under this title or imprisoned not more
than one year, or both.
Nothing contained in this section shall create immunity from
criminal prosecution under the laws of any State[, Commonwealth
of Puerto Rico, territory, possession, or the District of
Columbia].
(c) ``Knowledge or reason to believe'', within the meaning of
paragraph (b) of this section, may be shown by proof that any
law-enforcement officer has, prior to the commission of the
offense with which the defendant is charged, informed the
defendant that tokens, slugs, disks, or other devices of the
kind manufactured, sold, offered, or advertised for sale by him
or exposed or kept with intent to furnish or sell, are being
used unlawfully or fraudulently to operate certain specified
automatic merchandise vending machines, postage-stamp machines,
turnstiles, fare boxes, coin-box telephones, parking meters, or
other receptacles, depositories, or contrivances, designed to
receive or to be operated by lawful coins of the United States.
* * * * * * *
Sec. 513. Securities of the States and private entities
(a) Whoever makes, utters or possesses a counterfeited
security of a State or a political subdivision thereof or of an
organization, or whoever makes, utters or possesses a forged
security of a State or political subdivision thereof or of an
organization, with intent to deceive another person,
organization, or government shall be fined under this title or
imprisoned for not more than ten years, or both.
(b) Whoever makes, receives, possesses, sells or otherwise
transfers an implement designed for or particularly suited for
making a counterfeit or forged security with the intent that it
be so used shall be punished by a fine under this title or by
imprisonment for not more than ten years, or both.
(c) For purposes of this section--
(1) the term ``counterfeited'' means a document that
purports to be genuine but is not, because it has been
falsely made or manufactured in its entirety;
(2) the term ``forged'' means a document that
purports to be genuine but is not because it has been
falsely altered, completed, signed, or endorsed, or
contains a false addition thereto or insertion therein,
or is a combination of parts of two or more genuine
documents;
(3) the term ``security'' means--
(A) a note, stock certificate, treasury stock
certificate, bond, treasury bond, debenture,
certificate of deposit, interest coupon, bill,
check, draft, warrant, debit instrument as
defined in section 916(c) of the Electronic
Fund Transfer Act, money order, traveler's
check, letter of credit, warehouse receipt,
negotiable bill of lading, evidence of
indebtedness, certificate of interest in or
participation in any profit-sharing agreement,
collateral-trust certificate, pre-
reorganization certificate of subscription,
transferable share, investment contract, voting
trust certificate, or certificate of interest
in tangible or intangible property;
(B) an instrument evidencing ownership of
goods, wares, or merchandise;
(C) any other written instrument commonly
known as a security;
(D) a certificate of interest in, certificate
of participation in, certificate for, receipt
for, or warrant or option or other right to
subscribe to or purchase, any of the foregoing;
or
(E) a blank form of any of the foregoing; and
(4) the term ``organization'' means a legal entity,
other than a government, established or organized for
any purpose, and includes a corporation, company,
association, firm, partnership, joint stock company,
foundation, institution, society, union, or any other
association of persons which operates in or the
activities of which affect interstate or foreign
commerce[; and].
[(5) the term ``State'' includes a State of the
United States, the District of Columbia, Puerto Rico,
Guam, the Virgin Islands, and any other territory or
possession of the United States.]
* * * * * * *
CHAPTER 26--CRIMINAL STREET GANGS
* * * * * * *
Sec. 521. Criminal street gangs
(a) Definitions.--
``conviction'' includes a finding, under State or
Federal law, that a person has committed an act of
juvenile delinquency involving a violent or controlled
substances felony.
``criminal street gang'' means an ongoing group,
club, organization, or association of 5 or more persons
-
(A) that has as 1 of its primary purposes the
commission of 1 or more of the criminal
offenses described in subsection (c);
(B) the members of which engage, or have
engaged within the past 5 years, in a
continuing series of offenses described in
subsection (c); and
(C) the activities of which affect interstate
or foreign commerce.
[``State'' means a State of the United States, the
District of Columbia, and any commonwealth, territory,
or possession of the United States.]
(b) Penalty.--The sentence of a person convicted of an
offense described in subsection (c) shall be increased by up to
10 years if the offense is committed under the circumstances
described in subsection (d).
(c) Offenses.--The offenses described in this section are--
(1) a Federal felony involving a controlled substance
(as defined in section 102 of the Controlled Substances
Act (21 U.S.C. 802)) for which the maximum penalty is
not less than 5 years;
(2) a Federal felony crime of violence that has as an
element the use or attempted use of physical force
against the person of another; and
(3) a conspiracy to commit an offense described in
paragraph (1) or (2).
(d) Circumstances.--The circumstances described in this
section are that the offense described in subsection (c) was
committed by a person who--
(1) participates in a criminal street gang with
knowledge that its members engage in or have engaged in
a continuing series of offenses described in subsection
(c);
(2) intends to promote or further the felonious
activities of the criminal street gang or maintain or
increase his or her position in the gang; and
(3) has been convicted within the past 5 years for--
(A) an offense described in subsection (c);
(B) a State offense--
(i) involving a controlled substance
(as defined in section 102 of the
Controlled Substances Act (21 U.S.C.
802)) for which the maximum penalty is
not less than 5 years' imprisonment; or
(ii) that is a felony crime of
violence that has as an element the use
or attempted use of physical force
against the person of another;
(C) any Federal or State felony offense that
by its nature involves a substantial risk that
physical force against the person of another
may be used in the course of committing the
offense; or
(D) a conspiracy to commit an offense
described in subparagraph (A), (B), or (C).
* * * * * * *
CHAPTER 29--ELECTIONS AND POLITICAL ACTIVITIES
Sec.
592. Troops at polls.
* * * * * * *
595. Interference by administrative employees of Federal[, State, or
Territorial] Governments.
* * * * * * *
Sec. 595. Interference by administrative employees of Federal[, State,
or Territorial] or State Governments
Whoever, being a person employed in any administrative
position by the United States, or by any department or agency
thereof, or by the District of Columbia or any agency or
instrumentality thereof, or by any State[, Territory, or
Possession of the United States], or any political subdivision,
municipality, or agency thereof, or agency of such political
subdivision or municipality (including any corporation owned or
controlled by any State[, Territory, or Possession of the
United States] or by any such political subdivision,
municipality, or agency), in connection with any activity which
is financed in whole or in part by loans or grants made by the
United States, or any department or agency thereof, uses his
official authority for the purpose of interfering with, or
affecting, the nomination or the election of any candidate for
the office of President, Vice President, Presidential elector,
Member of the Senate, Member of the House of Representatives,
Delegate from the District of Columbia, or Resident
Commissioner, shall be fined under this title or imprisoned not
more than one year, or both.
This section shall not prohibit or make unlawful any act by
any officer or employee of any educational or research
institution, establishment, agency, or system which is
supported in whole or in part by any state or political
subdivision thereof, or by the District of Columbia or by any
Territory or Possession of the United States; or by any
recognized religious, philanthropic or cultural organization.
* * * * * * *
Sec. 601. Deprivation of employment or other benefit for political
contribution
(a) Whoever, directly or indirectly, knowingly causes or
attempts to cause any person to make a contribution of a thing
of value (including services) for the benefit of any candidate
or any political party, by means of the denial or deprivation,
or the threat of the denial or deprivation, of--
(1) any employment, position, or work in or for any
agency or other entity of the Government of the United
States, a State, or a political subdivision of a State,
or any compensation or benefit of such employment,
position, or work; or
(2) any payment or benefit of a program of the United
States, a State, or a political subdivision of a State;
if such employment, position, work, compensation, payment, or
benefit is provided for or made possible in whole or in part by
an Act of Congress, shall be fined under this title, or
imprisoned not more than one year, or both.
(b) As used in this section--
(1) the term ``candidate'' means an individual who
seeks nomination for election, or election, to Federal,
State, or local office, whether or not such individual
is elected, and, for purposes of this paragraph, an
individual shall be deemed to seek nomination for
election, or election, to Federal, State, or local
office, if he has (A) taken the action necessary under
the law of a State to qualify himself for nomination
for election, or election, or (B) received
contributions or made expenditures, or has given his
consent for any other person to receive contributions
or make expenditures, with a view to bringing about his
nomination for election, or election, to such office;
(1) he law of a State to qualify himself for
nomination for election, or election, or (B) received
contributions or made expenditures, or has given his
consent for any other person to receive contributions
or make expenditures, with a view to bringing about his
nomination for election, or election, to such office;
and
(2) the term ``election'' means (A) a general,
special primary, or runoff election, (B) a convention
or caucus of a political party held to nominate a
candidate, (C) a primary election held for the
selection of delegates to a nominating convention of a
political party, (D) a primary election held for the
expression of a preference for the nomination of
persons for election to the office of President, and
(E) the election of delegates to a constitutional
convention for proposing amendments to the Constitution
of the United States or of any State[; and].
[(3) the term ``State'' means a State of the United
States, the District of Columbia, the Commonwealth of
Puerto Rico, or any territory or possession of the
United States.]
* * * * * * *
CHAPTER 31--EMBEZZLEMENT AND THEFT
* * * * * * *
Sec. 666. Theft or bribery concerning programs receiving Federal funds
(a) Whoever, if the circumstance described in subsection (b)
of this section exists--
(1) being an agent of an organization, or of a State,
local, or Indian tribal government, or any agency
thereof--
(A) embezzles, steals, obtains by fraud, or
otherwise without authority knowingly converts
to the use of any person other than the
rightful owner or intentionally misapplies,
property that--
(i) is valued at $5,000 or more, and
(ii) is owned by, or is under the
care, custody, or control of such
organization, government, or agency; or
(B) corruptly solicits or demands for the
benefit of any person, or accepts or agrees to
accept, anything of value from any person,
intending to be influenced or rewarded in
connection with any business, transaction, or
series of transactions of such organization,
government, or agency involving any thing of
value of $5,000 or more; or
(2) corruptly gives, offers, or agrees to give
anything of value to any person, with intent to
influence or reward an agent of an organization or of a
State, local or Indian tribal government, or any agency
thereof, in connection with any business, transaction,
or series of transactions of such organization,
government, or agency involving anything of value of
$5,000 or more;
shall be fined under this title, imprisoned not more than 10
years, or both.
(b) The circumstance referred to in subsection (a) of this
section is that the organization, government, or agency
receives, in any one year period, benefits in excess of $10,000
under a Federal program involving a grant, contract, subsidy,
loan, guarantee, insurance, or other form of Federal
assistance.
(c) This section does not apply to bona fide salary, wages,
fees, or other compensation paid, or expenses paid or
reimbursed, in the usual course of business.
(d) As used in this section--
(1) the term ``agent'' means a person authorized to
act on behalf of another person or a government and, in
the case of an organization or government, includes a
servant or employee, and a partner, director, officer,
manager, and representative;
(2) the term ``government agency'' means a
subdivision of the executive, legislative, judicial, or
other branch of government, including a department,
independent establishment, commission, administration,
authority, board, and bureau, and a corporation or
other legal entity established, and subject to control,
by a government or governments for the execution of a
governmental or intergovernmental program;
(3) the term ``local'' means of or pertaining to a
political subdivision within a State; and
[(4) the term ``State'' includes a State of the
United States, the District of Columbia, and any
commonwealth, territory, or possession of the United
States; and]
(5) the term ``in any one-year period'' means a
continuous period that commences no earlier than twelve
months before the commission of the offense or that
ends no later than twelve months after the commission
of the offense. Such period may include time both
before and after the commission of the offense.
* * * * * * *
CHAPTER 33--EMBLEMS, INSIGNIA, AND NAMES
* * * * * * *
Sec. 702. Uniform of armed forces and Public Health Service
Whoever, in any place within the jurisdiction of the United
States [or in the Canal Zone], without authority, wears the
uniform or a distinctive part thereof or anything similar to a
distinctive part of the uniform of any of the armed forces of
the United States, Public Health Service or any auxiliary of
such, shall be fined under this title or imprisoned not more
than six months, or both.
* * * * * * *
CHAPTER 37--ESPIONAGE AND CENSORSHIP
* * * * * * *
Sec. 793. Gathering, transmitting or losing defense information
(a) Whoever, for the purpose of obtaining information
respecting the national defense with intent or reason to
believe that the information is to be used to the injury of the
United States, or to the advantage of any foreign nation, goes
upon, enters, flies over, or otherwise obtains information
concerning any vessel, aircraft, work of defense, navy yard,
naval station, submarine base, fueling station, fort, battery,
torpedo station, dockyard, canal, railroad, arsenal, camp,
factory, mine, telegraph, telephone, wireless, or signal
station, building, office, research laboratory or station or
other place connected with the national defense owned or
constructed, or in progress of construction by the United
States or under the control of the United States, or of any of
its officers, departments, or agencies, or within the exclusive
jurisdiction of the United States, or any place in which any
vessel, aircraft, arms, munitions, or other materials or
instruments for use in time of war are being made, prepared,
repaired, stored, or are the subject of research or
development, under any contract or agreement with the United
States, or any department or agency thereof, or with any person
on behalf of the United States, or otherwise on behalf of the
United States, or any prohibited place so designated by the
President by proclamation in time of war or in case of national
emergency in which anything for the use of the Army, Navy, or
Air Force is being prepared or constructed or stored,
information as to which prohibited place the President has
determined would be prejudicial to the national defense; or
(b) Whoever, for the purpose aforesaid, and with like intent
or reason to believe, copies, takes, makes, or obtains, or
attempts to copy, take, make, or obtain, any sketch,
photograph, photographic negative, blueprint, plan, map, model,
instrument, appliance, document, writing, or note of anything
connected with the national defense; or
(c) Whoever, for the purpose aforesaid, receives or obtains
or agrees or attempts to receive or obtain from any person, or
from any source whatever, any document, writing, code book,
signal book, sketch, photograph, photographic negative,
blueprint, plan, map, model, instrument, appliance, or note, of
anything connected with the national defense, knowing or having
reason to believe, at the time he receives or obtains, or
agrees or attempts to receive or obtain it, that it has been or
will be obtained, taken, made, or disposed of by any person
contrary to the provisions of this chapter; or
(d) Whoever, lawfully having possession of, access to,
control over, or being entrusted with any document, writing,
code book, signal book, sketch, photograph, photographic
negative, blueprint, plan, map, model, instrument, appliance,
or note relating to the national defense, or information
relating to the national defense which information the
possessor has reason to believe could be used to the injury of
the United States or to the advantage of any foreign nation,
willfully communicates, delivers, transmits or causes to be
communicated, delivered, or transmitted or attempts to
communicate, deliver, transmit or cause to be communicated,
delivered or transmitted the same to any person not entitled to
receive it, or willfully retains the same and fails to deliver
it on demand to the officer or employee of the United States
entitled to receive it; or
(e) Whoever having unauthorized possession of, access to, or
control over any document, writing, code book, signal book,
sketch, photograph, photographic negative, blueprint, plan,
map, model, instrument, appliance, or note relating to the
national defense, or information relating to the national
defense which information the possessor has reason to believe
could be used to the injury of the United States or to the
advantage of any foreign nation, willfully communicates,
delivers, transmits or causes to be communicated, delivered, or
transmitted, or attempts to communicate, deliver, transmit or
cause to be communicated, delivered, or transmitted the same to
any person not entitled to receive it, or willfully retains the
same and fails to deliver it to the officer or employee of the
United States entitled to receive it; or
(f) Whoever, being entrusted with or having lawful possession
or control of any document, writing, code book, signal book,
sketch, photograph, photographic negative, blueprint, plan,
map, model, instrument, appliance, note, or information,
relating to the national defense, (1) through gross negligence
permits the same to be removed from its proper place of custody
or delivered to anyone in violation of his trust, or to be
lost, stolen, abstracted, or destroyed, or (2) having knowledge
that the same has been illegally removed from its proper place
of custody or delivered to anyone in violation of its trust, or
lost, or stolen, abstracted, or destroyed, and fails to make
prompt report of such loss, theft, abstraction, or destruction
to his superior officer--
Shall be fined under this title or imprisoned not more than
ten years, or both.
(g) If two or more persons conspire to violate any of the
foregoing provisions of this section, and one or more of such
persons do any act to effect the object of the conspiracy, each
of the parties to such conspiracy shall be subject to the
punishment provided for the offense which is the object of such
conspiracy.
(h)(1) Any person convicted of a violation of this section
shall forfeit to the United States, irrespective of any
provision of State law, any property constituting, or derived
from, any proceeds the person obtained, directly or indirectly,
from any foreign government, or any faction or party or
military or naval force within a foreign country, whether
recognized or unrecognized by the United States, as the result
of such violation. [For the purposes of this subsection, the
term ``State'' includes a State of the United States, the
District of Columbia, and any commonwealth, territory, or
possession of the United States.]
(2) The court, in imposing sentence on a defendant for a
conviction of a violation of this section, shall order that the
defendant forfeit to the United States all property described
in paragraph (1) of this subsection.
(3) The provisions of subsections (b), (c), and (e) through
(p) of section 413 of the Comprehensive Drug Abuse Prevention
and Control Act of 1970 (21 U.S.C. 853(b), (c), and (e)-(p))
shall apply to--
(A) property subject to forfeiture under this
subsection;
(B) any seizure or disposition of such property; and
(C) any administrative or judicial proceeding in
relation to such property,
if not inconsistent with this subsection.
(4) Notwithstanding section 524(c) of title 28, there shall
be deposited in the Crime Victims Fund in the Treasury all
amounts from the forfeiture of property under this subsection
remaining after the payment of expenses for forfeiture and sale
authorized by law.
Sec. 794. Gathering or delivering defense information to aid foreign
government
(a) Whoever, with intent or reason to believe that it is to
be used to the injury of the United States or to the advantage
of a foreign nation, communicates, delivers, or transmits, or
attempts to communicate, deliver, or transmit, to any foreign
government, or to any faction or party or military or naval
force within a foreign country, whether recognized or
unrecognized by the United States, or to any representative,
officer, agent, employee, subject, or citizen thereof, either
directly or indirectly, any document, writing, code book,
signal book, sketch, photograph, photographic negative,
blueprint, plan, map, model, note, instrument, appliance, or
information relating to the national defense, shall be punished
by death or by imprisonment for any term of years or for life,
except that the sentence of death shall not be imposed unless
the jury or, if there is no jury, the court, further finds that
the offense resulted in the identification by a foreign power
(as defined in section 101(a) of the Foreign Intelligence
Surveillance Act of 1978) of an individual acting as an agent
of the United States and consequently in the death of that
individual, or directly concerned nuclear weaponry, military
spacecraft or satellites, early warning systems, or other means
of defense or retaliation against large-scale attack; war
plans; communications intelligence or cryptographic
information; or any other major weapons system or major element
of defense strategy.
(b) Whoever, in time of war, with intent that the same shall
be communicated to the enemy, collects, records, publishes, or
communicates, or attempts to elicit any information with
respect to the movement, numbers, description, condition, or
disposition of any of the Armed Forces, ships, aircraft, or war
materials of the United States, or with respect to the plans or
conduct, or supposed plans or conduct of any naval or military
operations, or with respect to any works or measures undertaken
for or connected with, or intended for the fortification or
defense of any place, or any other information relating to the
public defense, which might be useful to the enemy, shall be
punished by death or by imprisonment for any term of years or
for life.
(c) If two or more persons conspire to violate this section,
and one or more of such persons do any act to effect the object
of the conspiracy, each of the parties to such conspiracy shall
be subject to the punishment provided for the offense which is
the object of such conspiracy.
(d)(1) Any person convicted of a violation of this section
shall forfeit to the United States irrespective of any
provision of State law--
(A) any property constituting, or derived from, any
proceeds the person obtained, directly or indirectly,
as the result of such violation, and
(B) any of the person's property used, or intended to
be used, in any manner or part, to commit, or to
facilitate the commission of, such violation.
[For the purposes of this subsection, the term ``State''
includes a State of the United States, the District of
Columbia, and any commonwealth, territory, or possession of the
United States.]
(2) The court, in imposing sentence on a defendant for a
conviction of a violation of this section, shall order that the
defendant forfeit to the United States all property described
in paragraph (1) of this subsection.
(3) The provisions of subsections (b), (c) and (e) through
(p) of section 413 of the Comprehensive Drug Abuse Prevention
and Control Act of 1970 (21 U.S.C. 853(b), (c), and (e)-(p))
shall apply to--
(A) property subject to forfeiture under this
subsection;
(B) any seizure or disposition of such property; and
(C) any administrative or judicial proceeding in
relation to such property,
if not inconsistent with this subsection.
(4) Notwithstanding section 524(c) of title 28, there shall
be deposited in the Crime Victims Fund in the Treasury all
amounts from the forfeiture of property under this subsection
remaining after the payment of expenses for forfeiture and sale
authorized by law.
* * * * * * *
Sec. 798. Disclosure of classified information
(a) Whoever knowingly and willfully communicates, furnishes,
transmits, or otherwise makes available to an unauthorized
person, or publishes, or uses in any manner prejudicial to the
safety or interest of the United States or for the benefit of
any foreign government to the detriment of the United States
any classified information--
(1) concerning the nature, preparation, or use of any
code, cipher, or cryptographic system of the United
States or any foreign government; or
(2) concerning the design, construction, use,
maintenance, or repair of any device, apparatus, or
appliance used or prepared or planned for use by the
United States or any foreign government for
cryptographic or communication intelligence purposes;
or
(3) concerning the communication intelligence
activities of the United States or any foreign
government; or
(4) obtained by the processes of communication
intelligence from the communications of any foreign
government, knowing the same to have been obtained by
such processes--
Shall be fined under this title or imprisoned not more than
ten years, or both.
(b) As used in subsection (a) of this section--
The term ``classified information'' means information which,
at the time of a violation of this section, is, for reasons of
national security, specifically designated by a United States
Government Agency for limited or restricted dissemination or
distribution;
The terms ``code,''``cipher,'' and ``cryptographic system''
include in their meanings, in addition to their usual meanings,
any method of secret writing and any mechanical or electrical
device or method used for the purpose of disguising or
concealing the contents, significance, or meanings of
communications;
The term ``foreign government'' includes in its meaning any
person or persons acting or purporting to act for or on behalf
of any faction, party, department, agency, bureau, or military
force of or within a foreign country, or for or on behalf of
any government or any person or persons purporting to act as a
government within a foreign country, whether or not such
government is recognized by the United States;
The term ``communication intelligence'' means all procedures
and methods used in the interception of communications and the
obtaining of information from such communications by other than
the intended recipients;
The term ``unauthorized person'' means any person who, or
agency which, is not authorized to receive information of the
categories set forth in subsection (a) of this section, by the
President, or by the head of a department or agency of the
United States Government which is expressly designated by the
President to engage in communication intelligence activities
for the United States.
(c) Nothing in this section shall prohibit the furnishing,
upon lawful demand, of information to any regularly constituted
committee of the Senate or House of Representatives of the
United States of America, or joint committee thereof.
(d)(1) Any person convicted of a violation of this section
shall forfeit to the United States irrespective of any
provision of State law--
(A) any property constituting, or derived from, any
proceeds the person obtained, directly or indirectly,
as the result of such violation; and
(B) any of the person's property used, or intended to
be used, in any manner or part, to commit, or to
facilitate the commission of, such violation.
(2) The court, in imposing sentence on a defendant for a
conviction of a violation of this section, shall order that the
defendant forfeit to the United States all property described
in paragraph (1).
(3) Except as provided in paragraph (4), the provisions of
subsections (b), (c), and (e) through (p) of section 413 of the
Comprehensive Drug Abuse Prevention and Control Act of 1970 (21
U.S.C. 853(b), (c), and (e)-(p)), shall apply to--
(A) property subject to forfeiture under this
subsection;
(B) any seizure or disposition of such property; and
(C) any administrative or judicial proceeding in
relation to such property,
if not inconsistent with this subsection.
(4) Notwithstanding section 524(c) of title 28, there shall
be deposited in the Crime Victims Fund established under
section 1402 of the Victims of Crime Act of 1984 (42 U.S.C.
10601) all amounts from the forfeiture of property under this
subsection remaining after the payment of expenses for
forfeiture and sale authorized by law.
[(5) As used in this subsection, the term ``State'' means any
State of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, and any territory or possession of
the United States.]
* * * * * * *
CHAPTER 39--EXPLOSIVES AND OTHER DANGEROUS ARTICLES
* * * * * * *
Sec. 831. Prohibited transactions involving nuclear materials
(a) Whoever, if one of the circumstances described in
subsection (c) of this section occurs--
(1) without lawful authority, intentionally receives,
possesses, uses, transfers, alters, disposes of, or
disperses any nuclear material or nuclear byproduct
material and--
(A) thereby knowingly causes the death of or
serious bodily injury to any person or
substantial damage to property or to the
environment; or
(B) circumstances exist, or have been
represented to the defendant to exist, that are
likely to cause the death or serious bodily
injury to any person, or substantial damage to
property or to the environment;
(2) with intent to deprive another of nuclear
material or nuclear byproduct material, knowingly--
(A) takes and carries away nuclear material
or nuclear byproduct material of another
without authority;
(B) makes an unauthorized use, disposition,
or transfer, of nuclear material or nuclear
byproduct material belonging to another; or
(C) uses fraud and thereby obtains nuclear
material or nuclear byproduct material
belonging to another;
(3) without lawful authority, intentionally carries,
sends or moves nuclear material into or out of a
country;
(4) knowingly--
(A) uses force; or
(B) threatens or places another in fear that
any person other than the actor will imminently
be subject to bodily injury;
and thereby takes nuclear material or nuclear byproduct
material belonging to another from the person or
presence of any other;
(5) intentionally intimidates any person and thereby
obtains nuclear material or nuclear byproduct material
belonging to another;
(6) with intent to compel any person, international
organization, or governmental entity to do or refrain
from doing any act, knowingly threatens to engage in
conduct described in paragraph (2)(A) or (3) of this
subsection;
(7) knowingly threatens to use nuclear material or
nuclear byproduct material to cause death or serious
bodily injury to any person or substantial damage to
property or to the environment under circumstances in
which the threat may reasonably be understood as an
expression of serious purposes;
(8) attempts to commit any act prohibited under
paragraphs (1) through (5) of this subsection; or
(9) is a party to a conspiracy of two or more persons
to commit any act prohibited under paragraphs (1)
through (7) of this subsection, if any of the parties
intentionally engages in any conduct in furtherance of
such offense;
shall be punished as provided in subsection (b) of this
section.
(b) The punishment for an offense under--
(1) paragraphs (1) through (8) of subsection (a) of
this section is--
(A) a fine under this title; and
(B) imprisonment--
(i) for any term of years or for life
(I) if, while committing the offense,
the offender knowingly causes the death
of any person; or (II) if, while
committing an offense under paragraph
(1) or (3) of subsection (a) of this
section, the offender, under
circumstances manifesting extreme
indifference to the life of an
individual, knowingly engages in any
conduct and thereby recklessly causes
the death of or serious bodily injury
to any person; and
(ii) for not more than 20 years in
any other case; and
(2) paragraph (9) of subsection (a) of this section
is--
(A) a fine under this title; and
(B) imprisonment--
(i) for not more than 20 years if the
offense which is the object of the
conspiracy is punishable under
paragraph (1)(B)(i); and
(ii) for not more than 10 years in
any other case.
(c) The circumstances referred to in subsection (a) of this
section are that--
(1) the offense is committed in the United States or
the special maritime and territorial jurisdiction of
the United States, or the special aircraft jurisdiction
of the United States (as defined in section 46501 of
title 49);
(2) an offender or a victim is--
(A) a national of the United States or a
stateless person whose habitual residence is in
the United States; or
(B) a United States corporation or other
legal entity;
(3) after the conduct required for the offense occurs
the defendant is found in the United States, even if
the conduct required for the offense occurs outside the
United States;
(4) the conduct required for the offense occurs with
respect to the carriage of a consignment of nuclear
material or nuclear byproduct material for peaceful
purposes by any means of transportation intended to go
beyond the territory of the state where the shipment
originates beginning with the departure from a facility
of the shipper in that state and ending with the
arrival at a facility of the receiver within the state
of ultimate destination and either of such states is
the United States;
(5) the offense is committed on board a vessel of the
United States or a vessel subject to the jurisdiction
of the United States (as defined in section 70502 of
title 46) or on board an aircraft that is registered
under United States law, at the time the offense is
committed;
(6) the offense is committed outside the United
States and against any state or government facility of
the United States; or
(7) the offense is committed in an attempt to compel
the United States to do or abstain from doing any act,
or constitutes a threat directed at the United States.
(d) Nonapplicability.--This section does not apply to--
(1) the activities of armed forces during an armed
conflict, as those terms are understood under the law
of war, which are governed by that law; or
(2) activities undertaken by military forces of a
state in the exercise of their official duties.
(e) The Attorney General may request assistance from the
Secretary of Defense under chapter 18 of title 10 in the
enforcement of this section and the Secretary of Defense may
provide such assistance in accordance with chapter 18 of title
10, except that the Secretary of Defense may provide such
assistance through any Department of Defense personnel.
(f)(1) The Attorney General may also request assistance from
the Secretary of Defense under this subsection in the
enforcement of this section. Notwithstanding section 1385 of
this title, the Secretary of Defense may, in accordance with
other applicable law, provide such assistance to the Attorney
General if--
(A) an emergency situation exists (as jointly
determined by the Attorney General and the Secretary of
Defense in their discretion); and
(B) the provision of such assistance will not
adversely affect the military preparedness of the
United States (as determined by the Secretary of
Defense in such Secretary's discretion).
(2) As used in this subsection, the term ``emergency
situation'' means a circumstance--
(A) that poses a serious threat to the interests of
the United States; and
(B) in which--
(i) enforcement of the law would be seriously
impaired if the assistance were not provided;
and
(ii) civilian law enforcement personnel are
not capable of enforcing the law.
(3) Assistance under this section may include--
(A) use of personnel of the Department of Defense to
arrest persons and conduct searches and seizures with
respect to violations of this section; and
(B) such other activity as is incidental to the
enforcement of this section, or to the protection of
persons or property from conduct that violates this
section.
(4) The Secretary of Defense may require reimbursement as a
condition of assistance under this section.
(5) The Attorney General may delegate the Attorney General's
function under this subsection only to a Deputy, Associate, or
Assistant Attorney General.
(g) As used in this section--
(1) the term ``nuclear material'' means material
containing any--
(A) plutonium;
(B) uranium not in the form of ore or ore
residue that contains the mixture of isotopes
as occurring in nature;
(C) enriched uranium, defined as uranium that
contains the isotope 233 or 235 or both in such
amount that the abundance ratio of the sum of
those isotopes to the isotope 238 is greater
than the ratio of the isotope 235 to the
isotope 238 occurring in nature; or
(D) uranium 233;
(2) the term ``nuclear byproduct material'' means any
material containing any radioactive isotope created
through an irradiation process in the operation of a
nuclear reactor or accelerator;
(3) the term ``international organization'' means a
public international organization designated as such
pursuant to section 1 of the International
Organizations Immunities Act (22 U.S.C. 288) or a
public organization created pursuant to treaty or other
agreement under international law as an instrument
through or by which two or more foreign governments
engage in some aspect of their conduct of international
affairs;
(4) the term ``serious bodily injury'' means bodily
injury which involves--
(A) 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;
(5) the term ``bodily injury'' means--
(A) a cut, abrasion, bruise, burn, or
disfigurement;
(B) physical pain;
(C) illness;
(D) impairment of a function of a bodily
member, organ, or mental faculty; or
(E) any other injury to the body, no matter
how temporary;
(6) the term ``national of the United States'' has
the same meaning as in section 101(a)(22) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(22));
(7) the term ``United States corporation or other
legal entity'' means any corporation or other entity
organized under the laws of the United States or any
State, Commonwealth, territory, possession, or district
of the United States;
(8) the term ``armed conflict'' has the meaning given
that term in section 2332f(e)(11) of this title;
(9) the term ``military forces of a state'' means the
armed forces of a country that are organized, trained
and equipped under its internal law for the primary
purpose of national defense or security and persons
acting in support of those armed forces who are under
their formal command, control and responsibility;
(10) the term ``state'' has the same meaning as that
term has under international law, and includes all
political subdivisions thereof;
(11) the term ``state or government facility'' has
the meaning given that term in section 2332f(e)(3) of
this title; and
(12) the term ``vessel of the United States'' has the
meaning given that term in section 70502 of title 46.
* * * * * * *
Sec. 836. Transportation of fireworks into State prohibiting sale or
use
Whoever, otherwise than in the course of continuous
interstate transportation through any State, transports
fireworks into any State, or delivers them for transportation
into any State, or attempts so to do, knowing that such
fireworks are to be delivered, possessed, stored, transshipped,
distributed, sold, or otherwise dealt with in a manner or for a
use prohibited by the laws of such State specifically
prohibiting or regulating the use of fireworks, shall be fined
under this title or imprisoned not more than one year, or both.
This section shall not apply to a common or contract carrier
or to international or domestic water carriers engaged in
interstate commerce or to the transportation of fireworks into
a State for the use of Federal agencies in the carrying out or
the furtherance of their operations.
In the enforcement of this section, the definitions of
fireworks contained in the laws of the respective States shall
be applied.
[
[As used in this section, the term ``State'' includes the
several States, Territories, and possessions of the United
States, and the District of Columbia.]
This section shall be effective from and after July 1, 1954.
* * * * * * *
CHAPTER 40--IMPORTATION, MANUFACTURE, DISTRIBUTION AND STORAGE OF
EXPLOSIVE MATERIALS
Sec. 841. Definitions
As used in this chapter--
(a) ``Person'' means any individual, corporation,
company, association, firm, partnership, society, or
joint stock company.
(b) ``Interstate'' or foreign commerce means commerce
between any place in a State and any place outside of
that State, or within any possession of the United
States [(not including the Canal Zone)] or the District
of Columbia, and commerce between places within the
same State but through any place outside of that State.
[``State'' includes the District of Columbia, the
Commonwealth of Puerto Rico, and the possessions of the
United States (not including the Canal Zone).]
(c) ``Explosive materials'' means explosives,
blasting agents, and detonators.
(d) Except for the purposes of subsections (d), (e),
(f), (g), (h), (i), and (j) of section 844 of this
title, ``explosives'' means any chemical compound
mixture, or device, the primary or common purpose of
which is to function by explosion; the term includes,
but is not limited to, dynamite and other high
explosives, black powder, pellet powder, initiating
explosives, detonators, safety fuses, squibs,
detonating cord, igniter cord, and igniters. The
Attorney General shall publish and revise at least
annually in the Federal Register a list of these and
any additional explosives which he determines to be
within the coverage of this chapter. For the purposes
of subsections (d), (e), (f), (g), (h), and (i) of
section 844 of this title, the term ``explosive'' is
defined in subsection (j) of such section 844.
(e) ``Blasting agent'' means any material or mixture,
consisting of fuel and oxidizer, intended for blasting,
not otherwise defined as an explosive: Provided, That
the finished product, as mixed for use or shipment,
cannot be detonated by means of a numbered 8 test
blasting cap when unconfined.
(f) ``Detonator'' means any device containing a
detonating charge that is used for initiating
detonation in an explosive; the term includes, but is
not limited to, electric blasting caps of instantaneous
and delay types, blasting caps for use with safety
fuses and detonating-cord delay connectors.
(g) ``Importer'' means any person engaged in the
business of importing or bringing explosive materials
into the United States for purposes of sale or
distribution.
(h) ``Manufacturer'' means any person engaged in the
business of manufacturing explosive materials for
purposes of sale or distribution or for his own use.
(i) ``Dealer'' means any person engaged in the
business of distributing explosive materials at
wholesale or retail.
(j) ``Permittee'' means any user of explosives for a
lawful purpose, who has obtained either a user permit
or a limited permit under the provisions of this
chapter.
(k) ``Attorney General'' means the Attorney General
of the United States.
(l) ``Crime punishable by imprisonment for a term
exceeding one year'' shall not mean (1) any Federal or
State offenses pertaining to antitrust violations,
unfair trade practices, restraints of trade, or other
similar offenses relating to the regulation of business
practices as the Attorney General may by regulation
designate, or (2) any State offense (other than one
involving a firearm or explosive) classified by the
laws of the State as a misdemeanor and punishable by a
term of imprisonment of two years or less.
(m) ``Licensee'' means any importer, manufacturer, or
dealer licensed under the provisions of this chapter.
(n) ``Distribute'' means sell, issue, give, transfer,
or otherwise dispose of.
(o) ``Convention on the Marking of Plastic
Explosives'' means the Convention on the Marking of
Plastic Explosives for the Purpose of Detection, Done
at Montreal on 1 March 1991.
(p) ``Detection agent'' means any one of the
substances specified in this subsection when introduced
into a plastic explosive or formulated in such
explosive as a part of the manufacturing process in
such a manner as to achieve homogeneous distribution in
the finished explosive, including--
(1) Ethylene glycol dinitrate (EGDN),
C2H4(NO3)2
, molecular weight 152, when the minimum
concentration in the finished explosive is 0.2
percent by mass;
(2) 2,3-Dimethyl-2,3-dinitrobutane (DMNB),
(3) Para-Mononitrotoluene (p-MNT),
C7H7NO2,
molecular weight 137, when the minimum
concentration in the finished explosive is 0.5
percent by mass;
(4) Ortho-Mononitrotoluene (o-MNT),
C7H7NO2,
molecular weight 137, when the minimum
concentration in the finished explosive is 0.5
percent by mass; and
(5) any other substance in the concentration
specified by the Attorney General, after
consultation with the Secretary of State and
the Secretary of Defense, that has been added
to the table in part 2 of the Technical Annex
to the Convention on the Marking of Plastic
Explosives.
(q) ``Plastic explosive'' means an explosive material
in flexible or elastic sheet form formulated with one
or more high explosives which in their pure form has a
vapor pressure less than 10-4 Pa at a
temperature of 25+C., is formulated with a binder
material, and is as a mixture malleable or flexible at
normal room temperature.
(r) ``Alien'' means any person who is not a citizen
or national of the United States.
(s) ``Responsible person'' means an individual who
has the power to direct the management and policies of
the applicant pertaining to explosive materials.
(t) Indian Tribe. --The term ``Indian tribe'' has the
meaning given the term in section 102 of the Federally
Recognized Indian Tribe List Act of 1994 (25 U.S.C.
479a)).
* * * * * * *
CHAPTER 42--EXTORTIONATE CREDIT TRANSACTIONS
Sec. 891. Definitions and rules of construction
For the purposes of this chapter:
(1) To extend credit means to make or renew any loan, or to
enter into any agreement, tacit or express, whereby the
repayment or satisfaction of any debt or claim, whether
acknowledged or disputed, valid or invalid, and however
arising, may or will be deferred.
(2) The term ``creditor'', with reference to any given
extension of credit, refers to any person making that extension
of credit, or to any person claiming by, under, or through any
person making that extension of credit.
(3) The term ``debtor'', with reference to any given
extension of credit, refers to any person to whom that
extension of credit is made, or to any person who guarantees
the repayment of that extension of credit, or in any manner
undertakes to indemnify the creditor against loss resulting
from the failure of any person to whom that extension of credit
is made to repay the same.
(4) The repayment of any extension of credit includes the
repayment, satisfaction, or discharge in whole or in part of
any debt or claim, acknowledged or disputed, valid or invalid,
resulting from or in connection with that extension of credit.
(5) To collect an extension of credit means to induce in any
way any person to make repayment thereof.
(6) An extortionate extension of credit is any extension of
credit with respect to which it is the understanding of the
creditor and the debtor at the time it is made that delay in
making repayment or failure to make repayment could result in
the use of violence or other criminal means to cause harm to
the person, reputation, or property of any person.
(7) An extortionate means is any means which involves the
use, or an express or implicit threat of use, of violence or
other criminal means to cause harm to the person, reputation,
or property of any person.
[(8) The term ``State'' includes the District of Columbia,
the Commonwealth of Puerto Rico, and territories and
possessions of the United States.]
(9) State law, including conflict of laws rules, governing
the enforceability through civil judicial processes of
repayment of any extension of credit or the performance of any
promise given in consideration thereof shall be judicially
noticed. This paragraph does not impair any authority which any
court would otherwise have to take judicial notice of any
matter of State law.
* * * * * * *
CHAPTER 44--FIREARMS
Sec. 921. Definitions
(a) As used in this chapter--
(1) The term ``person'' and the term ``whoever'' include any
individual, corporation, company, association, firm,
partnership, society, or joint stock company.
(2) The term ``interstate or foreign commerce'' includes
commerce between any place in a State and any place outside of
that State, or within any possession of the United States [(not
including the Canal Zone)] or the District of Columbia, but
such term does not include commerce between places within the
same State but through any place outside of that State. [The
term ``State'' includes the District of Columbia, the
Commonwealth of Puerto Rico, and the possessions of the United
States (not including the Canal Zone).]
(3) The term ``firearm'' means (A) any weapon (including a
starter gun) which will or is designed to or may readily be
converted to expel a projectile by the action of an explosive;
(B) the frame or receiver of any such weapon; (C) any firearm
muffler or firearm silencer; or (D) any destructive device.
Such term does not include an antique firearm.
(4) The term ``destructive device'' means--
(A) any explosive, incendiary, or poison gas--
(i) bomb,
(ii) grenade,
(iii) rocket having a propellant charge of
more than four ounces,
(iv) missile having an explosive or
incendiary charge of more than one-quarter
ounce,
(v) mine, or
(vi) device similar to any of the devices
described in the preceding clauses;
(B) any type of weapon (other than a shotgun or a
shotgun shell which the Attorney General finds is
generally recognized as particularly suitable for
sporting purposes) by whatever name known which will,
or which may be readily converted to, expel a
projectile by the action of an explosive or other
propellant, and which has any barrel with a bore of
more than one-half inch in diameter; and
(C) any combination of parts either designed or
intended for use in converting any device into any
destructive device described in subparagraph (A) or (B)
and from which a destructive device may be readily
assembled.
The term ``destructive device'' shall not include any device
which is neither designed nor redesigned for use as a weapon;
any device, although originally designed for use as a weapon,
which is redesigned for use as a signaling, pyrotechnic, line
throwing, safety, or similar device; surplus ordnance sold,
loaned, or given by the Secretary of the Army pursuant to the
provisions of section 4684(2), 4685, or 4686 of title 10; or
any other device which the Attorney General finds is not likely
to be used as a weapon, is an antique, or is a rifle which the
owner intends to use solely for sporting, recreational or
cultural purposes.
(5) The term ``shotgun'' means a weapon designed or
redesigned, made or remade, and intended to be fired from the
shoulder and designed or redesigned and made or remade to use
the energy of an explosive to fire through a smooth bore either
a number of ball shot or a single projectile for each single
pull of the trigger.
(6) The term ``short-barreled shotgun'' means a shotgun
having one or more barrels less than eighteen inches in length
and any weapon made from a shotgun (whether by alteration,
modification or otherwise) if such a weapon as modified has an
overall length of less than twenty-six inches.
(7) The term ``rifle'' means a weapon designed or redesigned,
made or remade, and intended to be fired from the shoulder and
designed or redesigned and made or remade to use the energy of
an explosive to fire only a single projectile through a rifled
bore for each single pull of the trigger.
(8) The term ``short-barreled rifle'' means a rifle having
one or more barrels less than sixteen inches in length and any
weapon made from a rifle (whether by alteration, modification,
or otherwise) if such weapon, as modified, has an overall
length of less than twenty-six inches.
(9) The term ``importer'' means any person engaged in the
business of importing or bringing firearms or ammunition into
the United States for purposes of sale or distribution; and the
term ``licensed importer'' means any such person licensed under
the provisions of this chapter.
(10) The term ``manufacturer'' means any person engaged in
the business of manufacturing firearms or ammunition for
purposes of sale or distribution; and the term ``licensed
manufacturer'' means any such person licensed under the
provisions of this chapter.
(11) The term ``dealer'' means (A) any person engaged in the
business of selling firearms at wholesale or retail, (B) any
person engaged in the business of repairing firearms or of
making or fitting special barrels, stocks, or trigger
mechanisms to firearms, or (C) any person who is a pawnbroker.
The term ``licensed dealer'' means any dealer who is licensed
under the provisions of this chapter.
(12) The term ``pawnbroker'' means any person whose business
or occupation includes the taking or receiving, by way of
pledge or pawn, of any firearm as security for the payment or
repayment of money.
(13) The term ``collector'' means any person who acquires,
holds, or disposes of firearms as curios or relics, as the
Attorney General shall by regulation define, and the term
``licensed collector'' means any such person licensed under the
provisions of this chapter.
(14) The term ``indictment'' includes an indictment or
information in any court under which a crime punishable by
imprisonment for a term exceeding one year may be prosecuted.
(15) The term ``fugitive from justice'' means any person who
has fled from any State to avoid prosecution for a crime or to
avoid giving testimony in any criminal proceeding.
(16) The term ``antique firearm'' means--
(A) any firearm (including any firearm with a
matchlock, flintlock, percussion cap, or similar type
of ignition system) manufactured in or before 1898; or
(B) any replica of any firearm described in
subparagraph (A) if such replica--
(i) is not designed or redesigned for using
rimfire or conventional centerfire fixed
ammunition, or
(ii) uses rimfire or conventional centerfire
fixed ammunition which is no longer
manufactured in the United States and which is
not readily available in the ordinary channels
of commercial trade; or
(C) any muzzle loading rifle, muzzle loading shotgun,
or muzzle loading pistol, which is designed to use
black powder, or a black powder substitute, and which
cannot use fixed ammunition. For purposes of this
subparagraph, the term ``antique firearm'' shall not
include any weapon which incorporates a firearm frame
or receiver, any firearm which is converted into a
muzzle loading weapon, or any muzzle loading weapon
which can be readily converted to fire fixed ammunition
by replacing the barrel, bolt, breechblock, or any
combination thereof.
(17)(A) The term ``ammunition'' means ammunition or cartridge
cases, primers, bullets, or propellent powder designed for use
in any firearm.
(B) The term ``armor piercing ammunition'' means--
(i) a projectile or projectile core which may be used
in a handgun and which is constructed entirely
(excluding the presence of traces of other substances)
from one or a combination of tungsten alloys, steel,
iron, brass, bronze, beryllium copper, or depleted
uranium; or
(ii) a full jacketed projectile larger than .22
caliber designed and intended for use in a handgun and
whose jacket has a weight of more than 25 percent of
the total weight of the projectile.
(C) The term ``armor piercing ammunition'' does not include
shotgun shot required by Federal or State environmental or game
regulations for hunting purposes, a frangible projectile
designed for target shooting, a projectile which the Attorney
General finds is primarily intended to be used for sporting
purposes, or any other projectile or projectile core which the
Attorney General finds is intended to be used for industrial
purposes, including a charge used in an oil and gas well
perforating device.
(18) The term ``Attorney General'' means the Attorney General
of the United States
(19) The term ``published ordinance'' means a published law
of any political subdivision of a State which the Attorney
General determines to be relevant to the enforcement of this
chapter and which is contained on a list compiled by the
Attorney General, which list shall be published in the Federal
Register, revised annually, and furnished to each licensee
under this chapter.
(20) The term ``crime punishable by imprisonment for a term
exceeding one year'' does not include--
(A) any Federal or State offenses pertaining to
antitrust violations, unfair trade practices,
restraints of trade, or other similar offenses relating
to the regulation of business practices, or
(B) any State offense classified by the laws of the
State as a misdemeanor and punishable by a term of
imprisonment of two years or less.
What constitutes a conviction of such a crime shall be
determined in accordance with the law of the jurisdiction in
which the proceedings were held. Any conviction which has been
expunged, or set aside or for which a person has been pardoned
or has had civil rights restored shall not be considered a
conviction for purposes of this chapter, unless such pardon,
expungement, or restoration of civil rights expressly provides
that the person may not ship, transport, possess, or receive
firearms.
(21) The term ``engaged in the business'' means--
(A) as applied to a manufacturer of firearms, a
person who devotes time, attention, and labor to
manufacturing firearms as a regular course of trade or
business with the principal objective of livelihood and
profit through the sale or distribution of the firearms
manufactured;
(B) as applied to a manufacturer of ammunition, a
person who devotes time, attention, and labor to
manufacturing ammunition as a regular course of trade
or business with the principal objective of livelihood
and profit through the sale or distribution of the
ammunition manufactured;
(C) as applied to a dealer in firearms, as defined in
section 921(a)(11)(A), a person who devotes time,
attention, and labor to dealing in firearms as a
regular course of trade or business with the principal
objective of livelihood and profit through the
repetitive purchase and resale of firearms, but such
term shall not include a person who makes occasional
sales, exchanges, or purchases of firearms for the
enhancement of a personal collection or for a hobby, or
who sells all or part of his personal collection of
firearms;
(D) as applied to a dealer in firearms, as defined in
section 921(a)(11)(B), a person who devotes time,
attention, and labor to engaging in such activity as a
regular course of trade or business with the principal
objective of livelihood and profit, but such term shall
not include a person who makes occasional repairs of
firearms, or who occasionally fits special barrels,
stocks, or trigger mechanisms to firearms;
(E) as applied to an importer of firearms, a person
who devotes time, attention, and labor to importing
firearms as a regular course of trade or business with
the principal objective of livelihood and profit
through the sale or distribution of the firearms
imported; and
(F) as applied to an importer of ammunition, a person
who devotes time, attention, and labor to importing
ammunition as a regular course of trade or business
with the principal objective of livelihood and profit
through the sale or distribution of the ammunition
imported.
(22) The term ``with the principal objective of livelihood
and profit'' means that the intent underlying the sale or
disposition of firearms is predominantly one of obtaining
livelihood and pecuniary gain, as opposed to other intents,
such as improving or liquidating a personal firearms
collection: Provided, That proof of profit shall not be
required as to a person who engages in the regular and
repetitive purchase and disposition of firearms for criminal
purposes or terrorism. For purposes of this paragraph, the term
``terrorism'' means activity, directed against United States
persons, which--
(A) is committed by an individual who is not a
national or permanent resident alien of the United
States;
(B) involves violent acts or acts dangerous to human
life which would be a criminal violation if committed
within the jurisdiction of the United States; and
(C) is intended--
(i) to intimidate or coerce a civilian
population;
(ii) to influence the policy of a government
by intimidation or coercion; or
(iii) to affect the conduct of a government
by assassination or kidnapping.
(23) The term ``machinegun'' has the meaning given such term
in section 5845(b) of the National Firearms Act (26 U.S.C.
5845(b)).
(24) The terms ``firearm silencer'' and ``firearm muffler''
mean any device for silencing, muffling, or diminishing the
report of a portable firearm, including any combination of
parts, designed or redesigned, and intended for use in
assembling or fabricating a firearm silencer or firearm
muffler, and any part intended only for use in such assembly or
fabrication.
(25) The term ``school zone'' means--
(A) in, or on the grounds of, a public, parochial or
private school; or
(B) within a distance of 1,000 feet from the grounds
of a public, parochial or private school.
(26) The term ``school'' means a school which provides
elementary or secondary education, as determined under State
law.
(27) The term ``motor vehicle'' has the meaning given such
term in section 13102 of title 49, United States Code.
(28) The term ``semiautomatic rifle'' means any repeating
rifle which utilizes a portion of the energy of a firing
cartridge to extract the fired cartridge case and chamber the
next round, and which requires a separate pull of the trigger
to fire each cartridge.
(29) The term ``handgun'' means--
(A) a firearm which has a short stock and is designed
to be held and fired by the use of a single hand; and
(B) any combination of parts from which a firearm
described in subparagraph (A) can be assembled.
(32) The term ``intimate partner'' means, with respect to a
person, the spouse of the person, a former spouse of the
person, an individual who is a parent of a child of the person,
and an individual who cohabitates or has cohabited with the
person.
(33)(A) Except as provided in subparagraph (C), the term
``misdemeanor crime of domestic violence'' means an offense
that--
(i) is a misdemeanor under Federal, State, or Tribal
law; and
(ii) has, as an element, the use or attempted use of
physical force, or the threatened use of a deadly
weapon, committed by a current or former spouse,
parent, or guardian of the victim, by a person with
whom the victim shares a child in common, by a person
who is cohabiting with or has cohabited with the victim
as a spouse, parent, or guardian, or by a person
similarly situated to a spouse, parent, or guardian of
the victim.
(B)(i) A person shall not be considered to have been
convicted of such an offense for purposes of this chapter,
unless--
(I) the person was represented by counsel in the
case, or knowingly and intelligently waived the right
to counsel in the case; and
(II) in the case of a prosecution for an offense
described in this paragraph for which a person was
entitled to a jury trial in the jurisdiction in which
the case was tried, either
(aa) the case was tried by a jury, or
(bb) the person knowingly and intelligently
waived the right to have the case tried by a
jury, by guilty plea or otherwise.
(ii) A person shall not be considered to have been convicted
of such an offense for purposes of this chapter if the
conviction has been expunged or set aside, or is an offense for
which the person has been pardoned or has had civil rights
restored (if the law of the applicable jurisdiction provides
for the loss of civil rights under such an offense) unless the
pardon, expungement, or restoration of civil rights expressly
provides that the person may not ship, transport, possess, or
receive firearms.
(34) The term ``secure gun storage or safety device'' means--
(A) a device that, when installed on a firearm, is
designed to prevent the firearm from being operated
without first deactivating the device;
(B) a device incorporated into the design of the
firearm that is designed to prevent the operation of
the firearm by anyone not having access to the device;
or
(C) a safe, gun safe, gun case, lock box, or other
device that is designed to be or can be used to store a
firearm and that is designed to be unlocked only by
means of a key, a combination, or other similar means.
(35) The term ``body armor'' means any product sold or
offered for sale, in interstate or foreign commerce, as
personal protective body covering intended to protect against
gunfire, regardless of whether the product is to be worn alone
or is sold as a complement to another product or garment.
(b) For the purposes of this chapter, a member of the Armed
Forces on active duty is a resident of the State in which his
permanent duty station is located.
* * * * * * *
CHAPTER 47--FRAUD AND FALSE STATEMENTS
* * * * * * *
Sec. 1014. Loan and credit applications generally; renewals and
discounts; crop insurance
Whoever knowingly makes any false statement or report, or
willfully overvalues any land, property or security, for the
purpose of influencing in any way the action of the Federal
Housing Administration, the Farm Credit Administration, Federal
Crop Insurance Corporation or a company the Corporation
reinsures, the Secretary of Agriculture acting through the
Farmers Home Administration or successor agency, the Rural
Development Administration or successor agency, any Farm Credit
Bank, production credit association, agricultural credit
association, bank for cooperatives, or any division, officer,
or employee thereof, or of any regional agricultural credit
corporation established pursuant to law, or a Federal land
bank, a Federal land bank association, a Federal Reserve bank,
a small business investment company, as defined in section 103
of the Small Business Investment Act of 1958 (15 U.S.C. 662),
or the Small Business Administration in connection with any
provision of that Act, a Federal credit union, an insured
State-chartered credit union, any institution the accounts of
which are insured by the Federal Deposit Insurance
Corporation,, any Federal home loan bank, the Federal Housing
Finance Agency, the Federal Deposit Insurance Corporation, the
Farm Credit System Insurance Corporation, or the National
Credit Union Administration Board, a branch or agency of a
foreign bank (as such terms are defined in paragraphs (1) and
(3) of section 1(b) of the International Banking Act of 1978),
an organization operating under section 25 or section 25(a) of
the Federal Reserve Act, or a mortgage lending business, or any
person or entity that makes in whole or in part a federally
related mortgage loan as defined in section 3 of the Real
Estate Settlement Procedures Act of 1974, upon any application,
advance, discount, purchase, purchase agreement, repurchase
agreement, commitment, loan, or insurance agreement or
application for insurance or a guarantee, or any change or
extension of any of the same, by renewal, deferment of action
or otherwise, or the acceptance, release, or substitution of
security therefor, shall be fined not more than $1,000,000 or
imprisoned not more than 30 years, or both. The term ``State-
chartered credit union'' includes a credit union chartered
under the laws of a State [of the United States, the District
of Columbia, or any commonwealth, territory, or possession of
the United States.].
* * * * * * *
Sec. 1020. Highway projects
Whoever, being an officer, agent, or employee of the United
States, or of any State [or Territory], or whoever, whether a
person, association, firm, or corporation, knowingly makes any
false statement, false representation, or false report as to
the character, quality, quantity, or cost of the material used
or to be used, or the quantity or quality of the work performed
or to be performed, or the costs thereof in connection with the
submission of plans, maps, specifications, contracts, or costs
of construction of any highway or related project submitted for
approval to the Secretary of Transportation; or
Whoever knowingly makes any false statement, false
representation, false report, or false claim with respect to
the character, quality, quantity, or cost of any work performed
or to be performed, or materials furnished or to be furnished,
in connection with the construction of any highway or related
project approved by the Secretary of Transportation; or
Whoever knowingly makes any false statement or false
representation as to a material fact in any statement,
certificate, or report submitted pursuant to the provisions of
the Federal-Aid Road Act approved July 11, 1916 (39 Stat. 355),
as amended and supplemented,
Shall be fined under this title or imprisoned not more than
five years, or both.
* * * * * * *
Sec. 1028. Fraud and related activity in connection with identification
documents, authentication features, and information
(a) Whoever, in a circumstance described in subsection (c) of
this section--
(1) knowingly and without lawful authority produces
an identification document, authentication feature, or
a false identification document;
(2) knowingly transfers an identification document,
authentication feature, or a false identification
document knowing that such document or feature was
stolen or produced without lawful authority;
(3) knowingly possesses with intent to use unlawfully
or transfer unlawfully five or more identification
documents (other than those issued lawfully for the use
of the possessor), authentication features, or false
identification documents;
(4) knowingly possesses an identification document
(other than one issued lawfully for the use of the
possessor), authentication feature, or a false
identification document, with the intent such document
or feature be used to defraud the United States;
(5) knowingly produces, transfers, or possesses a
document-making implement or authentication feature
with the intent such document-making implement or
authentication feature will be used in the production
of a false identification document or another document-
making implement or authentication feature which will
be so used;
(6) knowingly possesses an identification document or
authentication feature that is or appears to be an
identification document or authentication feature of
the United States or a sponsoring entity of an event
designated as a special event of national significance
which is stolen or produced without lawful authority
knowing that such document or feature was stolen or
produced without such authority;
(7) knowingly transfers, posseses, or uses, without
lawful authority, a means of identification of another
person with the intent to commit, or to aid or abet, or
in connection with, any unlawful activity that
constitutes a violation of Federal law, or that
constitutes a felony under any applicable State or
local law; or
(8) knowingly traffics in false or actual
authentication features for use in false identification
documents, document-making implements, or means of
identification;
shall be punished as provided in subsection (b) of this
section.
(b) The punishment for an offense under subsection (a) of
this section is--
(1) except as provided in paragraphs (3) and (4), a
fine under this title or imprisonment for not more than
15 years, or both, if the offense is--
(A) the production or transfer of an
identification document, authentication
feature, or false identification document that
is or appears to be--
(i) an identification document or
authentication feature issued by or
under the authority of the United
States; or
(ii) a birth certificate, or a
driver's license or personal
identification card;
(B) the production or transfer of more than
five identification documents, authentication
features, or false identification documents;
(C) an offense under paragraph (5) of such
subsection; or
(D) an offense under paragraph (7) of such
subsection that involves the transfer,
possession, or use of 1 or more means of
identification if, as a result of the offense,
any individual committing the offense obtains
anything of value aggregating $1,000 or more
during any 1-year period;
(2) except as provided in paragraphs (3) and (4), a
fine under this title or imprisonment for not more than
5 years, or both, if the offense is--
(A) any other production, transfer, or use of
a means of identification, an identification
document,, authentication feature, or a false
identification document; or
(B) an offense under paragraph (3) or (7) of
such subsection;
(3) a fine under this title or imprisonment for not
more than 20 years, or both, if the offense is
committed--
(A) to facilitate a drug trafficking crime
(as defined in section 929(a)(2));
(B) in connection with a crime of violence
(as defined in section 924(c)(3)); or
(C) after a prior conviction under this
section becomes final;
(4) a fine under this title or imprisonment for not
more than 30 years, or both, if the offense is
committed to facilitate an act of domestic terrorism
(as defined under section 2331(5) of this title) or an
act of international terrorism (as defined in section
2331(1) of this title);
(5) in the case of any offense under subsection (a),
forfeiture to the United States of any personal property used
or intended to be used to commit the offense; and
(6) a fine under this title or imprisonment for not
more than one year, or both, in any other case.
(c) The circumstance referred to in subsection (a) of this
section is that--
(1) the identification document, authentication
feature, or false identification document is or appears
to be issued by or under the authority of the United
States or a sponsoring entity of an event designated as
a special event of national significance or the
document-making implement is designed or suited for
making such an identification document, authentication
feature, or false identification document;
(2) the offense is an offense under subsection (a)(4)
of this section; or
(3) either--
(A) the production, transfer, possession, or
use prohibited by this section is in or affects
interstate or foreign commerce, including the
transfer of a document by electronic means; or
(B) the means of identification,
identification document, false identification
document, or document-making implement is
transported in the mail in the course of the
production, transfer, possession, or use
prohibited by this section.
(d) In this section and section 1028A--
(1) the term ``authentication feature'' means any
hologram, watermark, certification, symbol, code,
image, sequence of numbers or letters, or other feature
that either individually or in combination with another
feature is used by the issuing authority on an
identification document, document-making implement, or
means of identification to determine if the document is
counterfeit, altered, or otherwise falsified;
(2) the term ``document-making implement'' means any
implement, impression, template, computer file,
computer disc, electronic device, or computer hardware
or software, that is specifically configured or
primarily used for making an identification document, a
false identification document, or another document-
making implement;
(3) the term ``identification document'' means a
document made or issued by or under the authority of
the United States Government, a State, political
subdivision of a State, a sponsoring entity of an event
designated as a special event of national significance,
a foreign government, political subdivision of a
foreign government, an international governmental or an
international quasi-governmental organization which,
when completed with information concerning a particular
individual, is of a type intended or commonly accepted
for the purpose of identification of individuals;
(4) the term ``false identification document'' means
a document of a type intended or commonly accepted for
the purposes of identification of individuals that--
(A) is not issued by or under the authority
of a governmental entity or was issued under
the authority of a governmental entity but was
subsequently altered for purposes of deceit;
and
(B) appears to be issued by or under the
authority of the United States Government, a
State, a political subdivision of a State, a
sponsoring entity of an event designated by the
President as a special event of national
significance, a foreign government, a political
subdivision of a foreign government, or an
international governmental or quasi-
governmental organization;
(5) the term ``false authentication feature'' means
an authentication feature that--
(A) is genuine in origin, but, without the
authorization of the issuing authority, has
been tampered with or altered for purposes of
deceit;
(B) is genuine, but has been distributed, or
is intended for distribution, without the
authorization of the issuing authority and not
in connection with a lawfully made
identification document, document-making
implement, or means of identification to which
such authentication feature is intended to be
affixed or embedded by the respective issuing
authority; or
(C) appears to be genuine, but is not;
(6) the term ``issuing authority''--
(A) means any governmental entity or agency
that is authorized to issue identification
documents, means of identification, or
authentication features; and
(B) includes the United States Government, a
State, a political subdivision of a State, a
sponsoring entity of an event designated by the
President as a special event of national
significance, a foreign government, a political
subdivision of a foreign government, or an
international government or quasi-governmental
organization;;
(7) the term ``means of identification'' means any
name or number that may be used, alone or in
conjunction with any other information, to identify a
specific individual, including any--
(A) name, social security number, date of
birth, official State or government issued
driver's license or identification number,
alien registration number, government passport
number, employer or taxpayer identification
number;
(B) unique biometric data, such as
fingerprint, voice print, retina or iris image,
or other unique physical representation;
(C) unique electronic identification number,
address, or routing code; or
(D) telecommunication identifying information
or access device (as defined in section
1029(e));
(8) the term ``personal identification card'' means
an identification document issued by a State or local
government solely for the purpose of identification;
(9) the term ``produce'' includes alter,
authenticate, or assemble;
(10) the term ``transfer'' includes selecting an
identification document, false identification document,
or document-making implement and placing or directing
the placement of such identification document, false
identification document, or document-making implement
on an online location where it is available to others;
and
[(11) the term ``State'' includes any State of the
United States, the District of Columbia, the
Commonwealth of Puerto Rico, and any other
commonwealth, possession, or territory of the United
States; and]
(12) the term ``traffic'' means--
(A) to transport, transfer, or otherwise
dispose of, to another, as consideration for
anything of value; or
(B) to make or obtain control of with intent
to so transport, transfer, or otherwise dispose
of.
(e) This section does not prohibit any lawfully authorized
investigative, protective, or intelligence activity of a law
enforcement agency of the United States, a State, or a
political subdivision of a State, or of an intelligence agency
of the United States, or any activity authorized under chapter
224 of this title.
(f) Attempt and Conspiracy.--Any person who attempts or
conspires to commit any offense under this section shall be
subject to the same penalties as those prescribed for the
offense, the commission of which was the object of the attempt
or conspiracy.
(g) Forfeiture Procedures.--The forfeiture of property under
this section, including any seizure and disposition of the
property and any related judicial or administrative proceeding,
shall be governed by the provisions of section 413 (other than
subsection (d) of that section) of the Comprehensive Drug Abuse
Prevention and Control Act of 1970 (21 U.S.C. 853).
(h) Forfeiture; Disposition.--In the circumstance in which
any person is convicted of a violation of subsection (a), the
court shall order, in addition to the penalty prescribed, the
forfeiture and destruction or other disposition of all illicit
authentication features, identification documents, document-
making implements, or means of identification.
(i) Rule of Construction.--For purpose of subsection (a)(7),
a single identification document or false identification
document that contains 1 or more means of identification shall
be construed to be 1 means of identification.
* * * * * * *
Sec. 1029. Fraud and related activity in connection with access devices
(a) Whoever--
(1) knowingly and with intent to defraud produces,
uses, or traffics in one or more counterfeit access
devices;
(2) knowingly and with intent to defraud traffics in
or uses one or more unauthorized access devices during
any one-year period, and by such conduct obtains
anything of value aggregating $1,000 or more during
that period;
(3) knowingly and with intent to defraud possesses
fifteen or more devices which are counterfeit or
unauthorized access devices;
(4) knowingly, and with intent to defraud, produces,
traffics in, has control or custody of, or possesses
device-making equipment;
(5) knowingly and with intent to defraud effects
transactions, with 1 or more access devices issued to
another person or persons, to receive payment or any
other thing of value during any 1-year period the
aggregate value of which is equal to or greater than
$1,000;
(6) without the authorization of the issuer of the
access device, knowingly and with intent to defraud
solicits a person for the purpose of--
(A) offering an access device; or
(B) selling information regarding or an
application to obtain an access device;
(7) knowingly and with intent to defraud uses,
produces, traffics in, has control or custody of, or
possesses a telecommunications instrument that has been
modified or altered to obtain unauthorized use of
telecommunications services;
(8) knowingly and with intent to defraud uses,
produces, traffics in, has control or custody of, or
possesses a scanning receiver;
(9) knowingly uses, produces, traffics in, has
control or custody of, or possesses hardware or
software, knowing it has been configured to insert or
modify telecommunication identifying information
associated with or contained in a telecommunications
instrument so that such instrument may be used to
obtain telecommunications service without
authorization; or
(10) without the authorization of the credit card
system member or its agent, knowingly and with intent
to defraud causes or arranges for another person to
present to the member or its agent, for payment, 1 or
more evidences or records of transactions made by an
access device;
shall, if the offense affects interstate or foreign commerce,
be punished as provided in subsection (c) of this section.
(b)(1) Whoever attempts to commit an offense under subsection
(a) of this section shall be subject to the same penalties as
those prescribed for the offense attempted.
(2) Whoever is a party to a conspiracy of two or more persons
to commit an offense under subsection (a) of this section, if
any of the parties engages in any conduct in furtherance of
such offense, shall be fined an amount not greater than the
amount provided as the maximum fine for such offense under
subsection (c) of this section or imprisoned not longer than
one-half the period provided as the maximum imprisonment for
such offense under subsection (c) of this section, or both.
(c) Penalties.--
(1) Generally.--The punishment for an offense under
subsection (a) of this section is--
(A) in the case of an offense that does not
occur after a conviction for another offense
under this section--
(i) if the offense is under paragraph
(1), (2), (3), (6), (7), or (10) of
subsection (a), a fine under this title
or imprisonment for not more than 10
years, or both; and
(ii) if the offense is under
paragraph (4), (5), (8), or (9) of
subsection (a), a fine under this title
or imprisonment for not more than 15
years, or both;
(B) in the case of an offense that occurs
after a conviction for another offense under
this section, a fine under this title or
imprisonment for not more than 20 years, or
both; and
(C) in either case, forfeiture to the United
States of any personal property used or
intended to be used to commit the offense.
(2) Forfeiture procedure.--The forfeiture of property
under this section, including any seizure and
disposition of the property and any related
administrative and judicial proceeding, shall be
governed by section 413 of the Controlled Substances
Act, except for subsection (d) of that section.
(d) The United States Secret Service shall, in addition to
any other agency having such authority, have the authority to
investigate offenses under this section. Such authority of the
United States Secret Service shall be exercised in accordance
with an agreement which shall be entered into by the Secretary
of the Treasury and the Attorney General.
(e) As used in this section--
(1) the term ``access device'' means any card, plate,
code, account number, electronic serial number, mobile
identification number, personal identification number,
or other telecommunications service, equipment, or
instrument identifier, or other means of account access
that can be used, alone or in conjunction with another
access device, to obtain money, goods, services, or any
other thing of value, or that can be used to initiate a
transfer of funds (other than a transfer originated
solely by paper instrument);
(2) the term ``counterfeit access device'' means any
access device that is counterfeit, fictitious, altered,
or forged, or an identifiable component of an access
device or a counterfeit access device;
(3) the term ``unauthorized access device'' means any
access device that is lost, stolen, expired, revoked,
canceled, or obtained with intent to defraud;
(4) the term ``produce'' includes design, alter,
authenticate, duplicate, or assemble;
(5) the term ``traffic'' means transfer, or otherwise
dispose of, to another, or obtain control of with
intent to transfer or dispose of;
(6) the term ``device-making equipment'' means any
equipment, mechanism, or impression designed or
primarily used for making an access device or a
counterfeit access device;
(7) the term ``credit card system member'' means a
financial institution or other entity that is a member
of a credit card system, including an entity, whether
affiliated with or identical to the credit card issuer,
that is the sole member of a credit card system;
(8) the term ``scanning receiver'' means a device or
apparatus that can be used to intercept a wire or
electronic communication in violation of chapter 119 or
to intercept an electronic serial number, mobile
identification number, or other identifier of any
telecommunications service, equipment, or instrument;
(9) the term ``telecommunications service'' has the
meaning given such term in section 3 of title I of the
Communications Act of 1934 (47 U.S.C. 153);
(10) the term ``facilities-based carrier'' means an
entity that owns communications transmission
facilities, is responsible for the operation and
maintenance of those facilities, and holds an operating
license issued by the Federal Communications Commission
under the authority of title III of the Communications
Act of 1934; and
(11) the term ``telecommunication identifying
information'' means electronic serial number or any
other number or signal that identifies a specific
telecommunications instrument or account, or a specific
communication transmitted from a telecommunications
instrument.
(f) This section does not prohibit any lawfully authorized
investigative, protective, or intelligence activity of a law
enforcement agency of the United States, a State, or a
political subdivision of a State, or of an intelligence agency
of the United States, or any activity authorized under chapter
224 of this title. [For purposes of this subsection, the term
``State'' includes a State of the United States, the District
of Columbia, and any commonwealth, territory, or possession of
the United States.]
(g)(1) It is not a violation of subsection (a)(9) for an
officer, employee, or agent of, or a person engaged in business
with, a facilities-based carrier, to engage in conduct (other
than trafficking) otherwise prohibited by that subsection for
the purpose of protecting the property or legal rights of that
carrier, unless such conduct is for the purpose of obtaining
telecommunications service provided by another facilities-based
carrier without the authorization of such carrier.
(2) In a prosecution for a violation of subsection (a)(9),
(other than a violation consisting of producing or trafficking)
it is an affirmative defense (which the defendant must
establish by a preponderance of the evidence) that the conduct
charged was engaged in for research or development in
connection with a lawful purpose.
(h) Any person who, outside the jurisdiction of the United
States, engages in any act that, if committed within the
jurisdiction of the United States, would constitute an offense
under subsection (a) or (b) of this section, shall be subject
to the fines, penalties, imprisonment, and forfeiture provided
in this title if--
(1) the offense involves an access device issued,
owned, managed, or controlled by a financial
institution, account issuer, credit card system member,
or other entity within the jurisdiction of the United
States; and
(2) the person transports, delivers, conveys,
transfers to or through, or otherwise stores, secrets,
or holds within the jurisdiction of the United States,
any article used to assist in the commission of the
offense or the proceeds of such offense or property
derived therefrom.
* * * * * * *
Sec. 1030. Fraud and related activity in connection with computers
(a) Whoever--
(1) having knowingly accessed a computer without
authorization or exceeding authorized access, and by
means of such conduct having obtained information that
has been determined by the United States Government
pursuant to an Executive order or statute to require
protection against unauthorized disclosure for reasons
of national defense or foreign relations, or any
restricted data, as defined in paragraph y. of section
11 of the Atomic Energy Act of 1954, with reason to
believe that such information so obtained could be used
to the injury of the United States, or to the advantage
of any foreign nation willfully communicates, delivers,
transmits, or causes to be communicated, delivered, or
transmitted, or attempts to communicate, deliver,
transmit or cause to be communicated, delivered, or
transmitted the same to any person not entitled to
receive it, or willfully retains the same and fails to
deliver it to the officer or employee of the United
States entitled to receive it;
(2) intentionally accesses a computer without
authorization or exceeds authorized access, and thereby
obtains--
(A) information contained in a financial
record of a financial institution, or of a card
issuer as defined in section 1602(n) of title
15, or contained in a file of a consumer
reporting agency on a consumer, as such terms
are defined in the Fair Credit Reporting Act
(15 U.S.C. 1681 et seq.);
(B) information from any department or agency
of the United States; or
(C) information from any protected computer;
(3) intentionally, without authorization to access
any nonpublic computer of a department or agency of the
United States, accesses such a computer of that
department or agency that is exclusively for the use of
the Government of the United States or, in the case of
a computer not exclusively for such use, is used by or
for the Government of the United States and such
conduct affects that use by or for the Government of
the United States;
(4) knowingly and with intent to defraud, accesses a
protected computer without authorization, or exceeds
authorized access, and by means of such conduct
furthers the intended fraud and obtains anything of
value, unless the object of the fraud and the thing
obtained consists only of the use of the computer and
the value of such use is not more than $5,000 in any 1-
year period;
(5)(A) knowingly causes the transmission of a
program, information, code, or command, and as a result
of such conduct, intentionally causes damage without
authorization, to a protected computer;
(B) intentionally accesses a protected computer
without authorization, and as a result of such conduct,
recklessly causes damage; or
(C) intentionally accesses a protected computer
without authorization, and as a result of such conduct,
causes damage and loss.
(6) knowingly and with intent to defraud traffics (as
defined in section 1029) in any password or similar
information through which a computer may be accessed
without authorization, if--
(A) such trafficking affects interstate or
foreign commerce; or
(B) such computer is used by or for the
Government of the United States;
(7) with intent to extort from any person any money
or other thing of value, transmits in interstate or
foreign commerce any communication containing any--
(A) threat to cause damage to a protected
computer;
(B) threat to obtain information from a
protected computer without authorization or in
excess of authorization or to impair the
confidentiality of information obtained from a
protected computer without authorization or by
exceeding authorized access; or
(C) demand or request for money or other
thing of value in relation to damage to a
protected computer, where such damage was
caused to facilitate the extortion;
shall be punished as provided in subsection (c) of this
section.
(b) Whoever conspires to commit or attempts to commit an
offense under subsection (a) of this section shall be punished
as provided in subsection (c) of this section.
(c) The punishment for an offense under subsection (a) or (b)
of this section is--
(1)(A) a fine under this title or imprisonment for
not more than ten years, or both, in the case of an
offense under subsection (a)(1) of this section which
does not occur after a conviction for another offense
under this section, or an attempt to commit an offense
punishable under this subparagraph; and
(B) a fine under this title or imprisonment for not
more than twenty years, or both, in the case of an
offense under subsection (a)(1) of this section which
occurs after a conviction for another offense under
this section, or an attempt to commit an offense
punishable under this subparagraph;
(2)(A) except as provided in subparagraph (B), a fine
under this title or imprisonment for not more than one
year, or both, in the case of an offense under
subsection (a)(2), (a)(3), or (a)(6) of this section
which does not occur after a conviction for another
offense under this section, or an attempt to commit an
offense punishable under this subparagraph;
(B) a fine under this title or imprisonment for not
more than 5 years, or both, in the case of an offense
under subsection (a)(2) or an attempt to commit an
offense punishable under this subparagraph, if--
(i) the offense was committed for purposes of
commercial advantage or private financial gain;
(ii) the offense was committed in furtherance
of any criminal or tortious act in violation of
the Constitution or laws of the United States
or of any State; or
(iii) the value of the information obtained
exceeds $5,000; and
(C) a fine under this title or imprisonment for not
more than ten years, or both, in the case of an offense
under subsection (a)(2), (a)(3) or (a)(6) of this
section which occurs after a conviction for another
offense under such subsection, or an attempt to commit
an offense punishable under this subparagraph;
(3)(A) a fine under this title or imprisonment for
not more than five years, or both, in the case of an
offense under subsection (a)(4) or (a)(7) of this
section which does not occur after a conviction for
another offense under this section, or an attempt to
commit an offense punishable under this subparagraph;
and
(B) a fine under this title or imprisonment for not
more than ten years, or both, in the case of an offense
under subsection (a)(4), or (a)(7) of this section
which occurs after a conviction for another offense
under this section, or an attempt to commit an offense
punishable under this subparagraph;
(4)(A) except as provided in subparagraphs (E) and
(F), a fine under this title, imprisonment for not more
than 5 years, or both, in the case of--
(i) an offense under subsection (a)(5)(B),
which does not occur after a conviction for
another offense under this section, if the
offense caused (or, in the case of an attempted
offense, would, if completed, have caused)--
(I) loss to 1 or more persons during
any 1-year period (and, for purposes of
an investigation, prosecution, or other
proceeding brought by the United States
only, loss resulting from a related
course of conduct affecting 1 or more
other protected computers) aggregating
at least $5,000 in value;
(II) the modification or impairment,
or potential modification or
impairment, of the medical examination,
diagnosis, treatment, or care of 1 or
more individuals;
(III) physical injury to any person;
(IV) a threat to public health or
safety;
(V) damage affecting a computer used
by or for an entity of the United
States Government in furtherance of the
administration of justice, national
defense, or national security; or
(VI) damage affecting 10 or more
protected computers during any 1-year
period; or
(ii) an attempt to commit an offense
punishable under this subparagraph;
(B) except as provided in subparagraphs (E) and (F),
a fine under this title, imprisonment for not more than
10 years, or both, in the case of--
(i) an offense under subsection (a)(5)(A),
which does not occur after a conviction for
another offense under this section, if the
offense caused (or, in the case of an attempted
offense, would, if completed, have caused) a
harm provided in subclauses (I) through (VI) of
subparagraph (A)(i); or
(ii) an attempt to commit an offense
punishable under this subparagraph;
(C) except as provided in subparagraphs (E) and (F),
a fine under this title, imprisonment for not more than
20 years, or both, in the case of--
(i) an offense or an attempt to commit an
offense under subparagraphs (A) or (B) of
subsection (a)(5) that occurs after a
conviction for another offense under this
section; or
(ii) an attempt to commit an offense
punishable under this subparagraph;
(D) a fine under this title, imprisonment for not
more than 10 years, or both, in the case of--
(i) an offense or an attempt to commit an
offense under subsection (a)(5)(C) that occurs
after a conviction for another offense under
this section; or
(ii) an attempt to commit an offense
punishable under this subparagraph;
(E) if the offender attempts to cause or knowingly or
recklessly causes serious bodily injury from conduct in
violation of subsection (a)(5)(A), a fine under this
title, imprisonment for not more than 20 years, or
both;
(F) if the offender attempts to cause or knowingly or
recklessly causes death from conduct in violation of
subsection (a)(5)(A), a fine under this title,
imprisonment for any term of years or for life, or
both; or
(G) a fine under this title, imprisonment for not
more than 1 year, or both, for--
(i) any other offense under subsection
(a)(5); or
(ii) an attempt to commit an offense
punishable under this subparagraph.
(d)(1) The United States Secret Service shall, in addition to
any other agency having such authority, have the authority to
investigate offenses under this section.
(2) The Federal Bureau of Investigation shall have primary
authority to investigate offenses under subsection (a)(1) for
any cases involving espionage, foreign counterintelligence,
information protected against unauthorized disclosure for
reasons of national defense or foreign relations, or Restricted
Data (as that term is defined in section 11y of the Atomic
Energy Act of 1954 (42 U.S.C. 2014(y)), except for offenses
affecting the duties of the United States Secret Service
pursuant to section 3056(a) of this title.
(3) Such authority shall be exercised in accordance with an
agreement which shall be entered into by the Secretary of the
Treasury and the Attorney General.
(e) As used in this section--
(1) the term ``computer'' means an electronic,
magnetic, optical, electrochemical, or other high speed
data processing device performing logical, arithmetic,
or storage functions, and includes any data storage
facility or communications facility directly related to
or operating in conjunction with such device, but such
term does not include an automated typewriter or
typesetter, a portable hand held calculator, or other
similar device;
(2) the term ``protected computer'' means a
computer--
(A) exclusively for the use of a financial
institution or the United States Government,
or, in the case of a computer not exclusively
for such use, used by or for a financial
institution or the United States Government and
the conduct constituting the offense affects
that use by or for the financial institution or
the Government; or
(B) which is used in or affecting interstate
or foreign commerce or communication, including
a computer located outside the United States
that is used in a manner that affects
interstate or foreign commerce or communication
of the United States;
[(3) the term ``State'' includes the District of
Columbia, the Commonwealth of Puerto Rico, and any
other commonwealth, possession or territory of the
United States;]
(4) the term ``financial institution'' means--
(A) an institution, with deposits insured by
the Federal Deposit Insurance Corporation;
(B) the Federal Reserve or a member of the
Federal Reserve including any Federal Reserve
Bank;
(C) a credit union with accounts insured by
the National Credit Union Administration;
(D) a member of the Federal home loan bank
system and any home loan bank;
(E) any institution of the Farm Credit System
under the Farm Credit Act of 1971;
(F) a broker-dealer registered with the
Securities and Exchange Commission pursuant to
section 15 of the Securities Exchange Act of
1934;
(G) the Securities Investor Protection
Corporation;
(H) a branch or agency of a foreign bank (as
such terms are defined in paragraphs (1) and
(3) of section 1(b) of the International
Banking Act of 1978); and
(I) an organization operating under section
25 or section 25(a) of the Federal Reserve Act;
(5) the term ``financial record'' means information
derived from any record held by a financial institution
pertaining to a customer's relationship with the
financial institution;
(6) the term ``exceeds authorized access'' means to
access a computer with authorization and to use such
access to obtain or alter information in the computer
that the accesser is not entitled so to obtain or
alter;
(7) the term ``department of the United States''
means the legislative or judicial branch of the
Government or one of the executive departments
enumerated in section 101 of title 5;
(8) the term ``damage'' means any impairment to the
integrity or availability of data, a program, a system,
or information;
(9) the term ``government entity'' includes the
Government of the United States, any State or political
subdivision of the United States, any foreign country,
and any state, province, municipality, or other
political subdivision of a foreign country;
(10) the term ``conviction'' shall include a
conviction under the law of any State for a crime
punishable by imprisonment for more than 1 year, an
element of which is unauthorized access, or exceeding
authorized access, to a computer;
(11) the term ``loss'' means any reasonable cost to
any victim, including the cost of responding to an
offense, conducting a damage assessment, and restoring
the data, program, system, or information to its
condition prior to the offense, and any revenue lost,
cost incurred, or other consequential damages incurred
because of interruption of service; and
(12) the term ``person'' means any individual, firm,
corporation, educational institution, financial
institution, governmental entity, or legal or other
entity.
(f) This section does not prohibit any lawfully authorized
investigative, protective, or intelligence activity of a law
enforcement agency of the United States, a State, or a
political subdivision of a State, or of an intelligence agency
of the United States.
(g) Any person who suffers damage or loss by reason of a
violation of this section may maintain a civil action against
the violator to obtain compensatory damages and injunctive
relief or other equitable relief. A civil action for a
violation of this section may be brought only if the conduct
involves 1 of the factors set forth in subclauses (I), (II),
(III), (IV), or (V) of subsection (c)(4)(A)(i). Damages for a
violation involving only conduct described in subsection
(c)(4)(A)(i)(I) are limited to economic damages.. No action may
be brought under this subsection unless such action is begun
within 2 years of the date of the act complained of or the date
of the discovery of the damage. No action may be brought under
this subsection for the negligent design or manufacture of
computer hardware, computer software, or firmware.
(h) The Attorney General and the Secretary of the Treasury
shall report to the Congress annually, during the first 3 years
following the date of the enactment of this subsection,
concerning investigations and prosecutions under subsection
(a)(5).
(i)(1) The court, in imposing sentence on any person
convicted of a violation of this section, or convicted of
conspiracy to violate this section, shall order, in addition to
any other sentence imposed and irrespective of any provision of
State law, that such person forfeit to the United States--
(A) such person's interest in any personal property
that was used or intended to be used to commit or to
facilitate the commission of such violation; and
(B) any property, real or personal, constituting or
derived from, any proceeds that such person obtained,
directly or indirectly, as a result of such violation.
(2) The criminal forfeiture of property under this
subsection, any seizure and disposition thereof, and any
judicial proceeding in relation thereto, shall be governed by
the provisions of section 413 of the Comprehensive Drug Abuse
Prevention and Control Act of 1970 (21 U.S.C. 853), except
subsection (d) of that section.
(j) For purposes of subsection (i), the following shall be
subject to forfeiture to the United States and no property
right shall exist in them:
(1) Any personal property used or intended to be used
to commit or to facilitate the commission of any
violation of this section, or a conspiracy to violate
this section.
(2) Any property, real or personal, which constitutes
or is derived from proceeds traceable to any violation
of this section, or a conspiracy to violate this
section
* * * * * * *
Sec. 1033. Crimes by or affecting persons engaged in the business of
insurance whose activities affect interstate
commerce
(a)(1) Whoever is engaged in the business of insurance whose
activities affect interstate commerce and knowingly, with the
intent to deceive, makes any false material statement or report
or willfully and materially overvalues any land, property or
security--
(A) in connection with any financial reports or
documents presented to any insurance regulatory
official or agency or an agent or examiner appointed by
such official or agency to examine the affairs of such
person, and
(B) for the purpose of influencing the actions of
such official or agency or such an appointed agent or
examiner,
shall be punished as provided in paragraph (2).
(2) The punishment for an offense under paragraph (1) is a
fine as established under this title or imprisonment for not
more than 10 years, or both, except that the term of
imprisonment shall be not more than 15 years if the statement
or report or overvaluing of land, property, or security
jeopardized the safety and soundness of an insurer and was a
significant cause of such insurer being placed in conservation,
rehabilitation, or liquidation by an appropriate court.
(b)(1) Whoever--
(A) acting as, or being an officer, director, agent,
or employee of, any person engaged in the business of
insurance whose activities affect interstate commerce,
or
(B) is engaged in the business of insurance whose
activities affect interstate commerce or is involved
(other than as an insured or beneficiary under a policy
of insurance) in a transaction relating to the conduct
of affairs of such a business,
willfully embezzles, abstracts, purloins, or misappropriates
any of the moneys, funds, premiums, credits, or other property
of such person so engaged shall be punished as provided in
paragraph (2).
(2) The punishment for an offense under paragraph (1) is a
fine as provided under this title or imprisonment for not more
than 10 years, or both, except that if such embezzlement,
abstraction, purloining, or misappropriation described in
paragraph (1) jeopardized the safety and soundness of an
insurer and was a significant cause of such insurer being
placed in conservation, rehabilitation, or liquidation by an
appropriate court, such imprisonment shall be not more than 15
years. If the amount or value so embezzled, abstracted,
purloined, or misappropriated does not exceed $5,000, whoever
violates paragraph (1) shall be fined as provided in this title
or imprisoned not more than one year, or both.
(c)(1) Whoever is engaged in the business of insurance and
whose activities affect interstate commerce or is involved
(other than as an insured or beneficiary under a policy of
insurance) in a transaction relating to the conduct of affairs
of such a business, knowingly makes any false entry of material
fact in any book, report, or statement of such person engaged
in the business of insurance with intent to deceive any person,
including any officer, employee, or agent of such person
engaged in the business of insurance, any insurance regulatory
official or agency, or any agent or examiner appointed by such
official or agency to examine the affairs of such person, about
the financial condition or solvency of such business shall be
punished as provided in paragraph (2).
(2) The punishment for an offense under paragraph (1) is a
fine as provided under this title or imprisonment for not more
than 10 years, or both, except that if the false entry in any
book, report, or statement of such person jeopardized the
safety and soundness of an insurer and was a significant cause
of such insurer being placed in conservation, rehabilitation,
or liquidation by an appropriate court, such imprisonment shall
be not more than 15 years.
(d) Whoever, by threats or force or by any threatening letter
or communication, corruptly influences, obstructs, or impedes
or endeavors corruptly to influence, obstruct, or impede the
due and proper administration of the law under which any
proceeding involving the business of insurance whose activities
affect interstate commerce is pending before any insurance
regulatory official or agency or any agent or examiner
appointed by such official or agency to examine the affairs of
a person engaged in the business of insurance whose activities
affect interstate commerce, shall be fined as provided in this
title or imprisoned not more than 10 years, or both.
(e)(1)(A) Any individual who has been convicted of any
criminal felony involving dishonesty or a breach of trust, or
who has been convicted of an offense under this section, and
who willfully engages in the business of insurance whose
activities affect interstate commerce or participates in such
business, shall be fined as provided in this title or
imprisoned not more than 5 years, or both.
(B) Any individual who is engaged in the business of
insurance whose activities affect interstate commerce and who
willfully permits the participation described in subparagraph
(A) shall be fined as provided in this title or imprisoned not
more than 5 years, or both.
(2) A person described in paragraph (1)(A) may engage in the
business of insurance or participate in such business if such
person has the written consent of any insurance regulatory
official authorized to regulate the insurer, which consent
specifically refers to this subsection.
(f) As used in this section--
(1) the term ``business of insurance'' means--
(A) the writing of insurance, or
(B) the reinsuring of risks,
by an insurer, including all acts necessary or
incidental to such writing or reinsuring and the
activities of persons who act as, or are, officers,
directors, agents, or employees of insurers or who are
other persons authorized to act on behalf of such
persons;
(2) the term ``insurer'' means any entity the
business activity of which is the writing of insurance
or the reinsuring of risks, and includes any person who
acts as, or is, an officer, director, agent, or
employee of that business; and
(3) the term ``interstate commerce'' means--
(A) commerce within the District of Columbia,
or any territory or possession of the United
States;
(B) all commerce between any point in the
State, territory, possession, or the District
of Columbia and any point outside thereof;
(C) all commerce between points within the
same State through any place outside such
State; or
(D) all other commerce over which the United
States has jurisdiction[; and].
[(4) the term ``State'' includes any State, the
District of Columbia, the Commonwealth of Puerto Rico,
the Northern Mariana Islands, the Virgin Islands,
American Samoa, and the Trust Territory of the Pacific
Islands.]
* * * * * * *
CHAPTER 49--FUGITIVES FROM JUSTICE
* * * * * * *
Sec. 1073. Flight to avoid prosecution or giving testimony
Whoever moves or travels in interstate or foreign commerce
with intent either (1) to avoid prosecution, or custody or
confinement after conviction, under the laws of the place from
which he flees, for a crime, or an attempt to commit a crime,
punishable by death or which is a felony under the laws of the
place from which the fugitive flees, or (2) to avoid giving
testimony in any criminal proceedings in such place in which
the commission of an offense punishable by death or which is a
felony under the laws of such place, is charged, or (3) to
avoid service of, or contempt proceedings for alleged
disobedience of, lawful process requiring attendance and the
giving of testimony or the production of documentary evidence
before an agency of a State empowered by the law of such State
to conduct investigations of alleged criminal activities, shall
be fined under this title or imprisoned not more than five
years, or both. [For the purposes of clause (3) of this
paragraph, the term ``State'' includes a State of the United
States, the District of Columbia, and any commonwealth,
territory, or possession of the United States.]
Violations of this section may be prosecuted only in the
Federal judicial district in which the original crime was
alleged to have been committed, or in which the person was held
in custody or confinement, or in which an avoidance of service
of process or a contempt referred to in clause (3) of the first
paragraph of this section is alleged to have been committed,
and only upon formal approval in writing by the Attorney
General, the Deputy Attorney General, the Associate Attorney
General, or an Assistant Attorney General of the United States,
which function of approving prosecutions may not be delegated.
Sec. 1074. Flight to avoid prosecution for damaging or destroying any
building or other real or personal property
(a) Whoever moves or travels in interstate or foreign
commerce with intent either (1) to avoid prosecution, or
custody, or confinement after conviction, under the laws of the
place from which he flees, for willfully attempting to or
damaging or destroying by fire or explosive any building,
structure, facility, vehicle, dwelling house, synagogue,
church, religious center or educational institution, public or
private, or (2) to avoid giving testimony in any criminal
proceeding relating to any such offense shall be fined under
this title or imprisoned not more than five years, or both.
(b) Violations of this section may be prosecuted in the
Federal judicial district in which the original crime was
alleged to have been committed or in which the person was held
in custody or confinement: Provided, however, That this section
shall not be construed as indicating an intent on the part of
Congress to prevent any State[, Territory, Commonwealth, or
possession of the United States] of any jurisdiction over any
offense over which [they would] it would have jurisdiction in
the absence of such section.
* * * * * * *
CHAPTER 50--GAMBLING
* * * * * * *
Sec. 1084. Transmission of wagering information; penalties
(a) Whoever being engaged in the business of betting or
wagering knowingly uses a wire communication facility for the
transmission in interstate or foreign commerce of bets or
wagers or information assisting in the placing of bets or
wagers on any sporting event or contest, or for the
transmission of a wire communication which entitles the
recipient to receive money or credit as a result of bets or
wagers, or for information assisting in the placing of bets or
wagers, shall be fined under this title or imprisoned not more
than two years, or both.
(b) Nothing in this section shall be construed to prevent the
transmission in interstate or foreign commerce of information
for use in news reporting of sporting events or contests, or
for the transmission of information assisting in the placing of
bets or wagers on a sporting event or contest from a State or
foreign country where betting on that sporting event or contest
is legal into a State or foreign country in which such betting
is legal.
(c) Nothing contained in this section shall create immunity
from criminal prosecution under any laws of any State.
(d) When any common carrier, subject to the jurisdiction of
the Federal Communications Commission, is notified in writing
by a Federal, State, or local law enforcement agency, acting
within its jurisdiction, that any facility furnished by it is
being used or will be used for the purpose of transmitting or
receiving gambling information in interstate or foreign
commerce in violation of Federal, State or local law, it shall
discontinue or refuse, the leasing, furnishing, or maintaining
of such facility, after reasonable notice to the subscriber,
but no damages, penalty or forfeiture, civil or criminal, shall
be found against any common carrier for any act done in
compliance with any notice received from a law enforcement
agency. Nothing in this section shall be deemed to prejudice
the right of any person affected thereby to secure an
appropriate determination, as otherwise provided by law, in a
Federal court or in a State or local tribunal or agency, that
such facility should not be discontinued or removed, or should
be restored.
[(e) As used in this section, the term ``State'' means a
State of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, or a commonwealth, territory or
possession of the United States.]
* * * * * * *
CHAPTER 51--HOMICIDE
Sec. 1111. Murder
(a) Murder is the unlawful killing of a human being with
malice aforethought. Every murder perpetrated by poison, lying
in wait, or any other kind of willful, deliberate, malicious,
and premeditated killing; or committed in the perpetration of,
or attempt to perpetrate, any arson, escape, murder,
kidnapping, treason, espionage, sabotage, aggravated sexual
abuse or sexual abuse, child abuse, burglary, or robbery; or
perpetrated as part of a pattern or practice of assault or
torture against a child or children; or perpetrated from a
premeditated design unlawfully and maliciously to effect the
death of any human being other than him who is killed, is
murder in the first degree. Any other murder is murder in the
second degree.
(b) Within the special maritime and territorial jurisdiction
of the United States,
Whoever is guilty of murder in the first degree shall
be punished by death or by imprisonment for life;
Whoever is guilty of murder in the second degree,
shall be imprisoned for any term of years or for life.
(c) For purposes of this section--
(1) the term ``assault'' has the same meaning as
given that term in section 113;
(2) the term ``child'' means a person who has not
attained the age of 18 years and is--
(A) under the perpetrator's care or control;
or
(B) at least six years younger than the
perpetrator;
(3) the term ``child abuse'' means intentionally or
knowingly causing death or serious bodily injury to a
child;
(4) the term ``pattern or practice of assault or
torture'' means assault or torture engaged in on at
least two occasions; and
[(5) the term ``serious bodily injury'' has the
meaning set forth in section 1365; and]
(6) the term ``torture'' means conduct, whether or
not committed under the color of law, that otherwise
satisfies the definition set forth in section 2340(1).
* * * * * * *
Sec. 1121. Killing persons aiding Federal investigations or State
correctional officers
(a) Whoever intentionally kills--
(1) a State or local official, law enforcement
officer, or other officer or employee while working
with Federal law enforcement officials in furtherance
of a Federal criminal investigation--
(A) while the victim is engaged in the
performance of official duties;
(B) because of the performance of the
victim's official duties; or
(C) because of the victim's status as a
public servant; or
(2) any person assisting a Federal criminal
investigation, while that assistance is being rendered
and because of it,
shall be sentenced according to the terms of section 1111,
including by sentence of death or by imprisonment for life.
(b)(1) Whoever, in a circumstance described in paragraph (3)
of this subsection, while incarcerated, intentionally kills any
State correctional officer engaged in, or on account of the
performance of such officer's official duties, shall be
sentenced to a term of imprisonment which shall not be less
than 20 years, and may be sentenced to life imprisonment or
death.
(2) As used in this section, the term, ``State correctional
officer'' includes any officer or employee of any prison, jail,
or other detention facility, operated by, or under contract to,
either a State or local governmental agency, whose job
responsibilities include providing for the custody of
incarcerated individuals.
(3) The circumstance referred to in paragraph (1) is that--
(A) the correctional officer is engaged in
transporting the incarcerated person interstate; or
(B) the incarcerated person is incarcerated pursuant
to a conviction for an offense against the United
States.
[(c) For the purposes of this section, the term ``State''
means a State of the United States, the District of Columbia,
and any commonwealth, territory, or possession of the United
States.]
* * * * * * *
CHAPTER 53--INDIANS
* * * * * * *
Sec. 1162. State jurisdiction over offenses committed by or against
Indians in the Indian country
(a) Each of the States [or Territories] listed in the
following table shall have jurisdiction over offenses committed
by or against Indians in the areas of Indian country listed
opposite the name of the State [or Territory] to the same
extent that such State [or Territory] has jurisdiction over
offenses committed elsewhere within the State [or Territory],
and the criminal laws of such State [or Territory] shall have
the same force and effect within such Indian country as they
have elsewhere within the State [or Territory]:
------------------------------------------------------------------------
State or Territory of Indian country affected
------------------------------------------------------------------------
Alaska All Indian country within the
State, except that on Annette
Islands, the Metlakatla Indian
community may exercise
jurisdiction over offenses
committed by Indians in the same
manner in which such jurisdiction
may be exercised by Indian tribes
in Indian country over which
State jurisdiction has not been
extended.
California All Indian country within the
State.
Minnesota All Indian country within the
State, except the Red Lake
Reservation.
Nebraska All Indian country within the
State.
Oregon All Indian country within the
State, except the Warm Springs
Reservation.
Wisconsin All Indian country within the
State.
------------------------------------------------------------------------
(b) Nothing in this section shall authorize the alienation,
encumbrance, or taxation of any real or personal property,
including water rights, belonging to any Indian or any Indian
tribe, band, or community that is held in trust by the United
States or is subject to a restriction against alienation
imposed by the United States; or shall authorize regulation of
the use of such property in a manner inconsistent with any
Federal treaty, agreement, or statute or with any regulation
made pursuant thereto; or shall deprive any Indian or any
Indian tribe, band, or community of any right, privilege, or
immunity afforded under Federal treaty, agreement, or statute
with respect to hunting, trapping, or fishing or the control,
licensing, or regulation thereof.
(c) The provisions of sections 1152 and 1153 of this chapter
shall not be applicable within the areas of Indian country
listed in subsection (a) of this section as areas over which
the several States have exclusive jurisdiction.
(d) Notwithstanding subsection (c), at the request of an
Indian tribe, and after consultation with and consent by the
Attorney General--
(1) sections 1152 and 1153 shall apply in the areas
of the Indian country of the Indian tribe; and
(2) jurisdiction over those areas shall be concurrent
among the Federal Government, State governments, and,
where applicable, tribal governments.
* * * * * * *
CHAPTER 55--KIDNAPPING
* * * * * * *
Sec. 1202. Ransom money
(a) Whoever receives, possesses, or disposes of any money or
other property, or any portion thereof, which has at any time
been delivered as ransom or reward in connection with a
violation of section 1201 of this title, knowing the same to be
money or property which has been at any time delivered as such
ransom or reward, shall be fined under this title or imprisoned
not more than ten years, or both.
(b) A person who transports, transmits, or transfers in
interstate or foreign commerce any proceeds of a kidnapping
punishable under State law by imprisonment for more than 1
year, or receives, possesses, conceals, or disposes of any such
proceeds after they have crossed a State or United States
boundary, knowing the proceeds to have been unlawfully
obtained, shall be imprisoned not more than 10 years, fined
under this title, or both.
[(c) For purposes of this section, the term ``State'' has the
meaning set forth in section 245(d) of this title.]
* * * * * * *
CHAPTER 59--LIQUOR TRAFFIC
* * * * * * *
Sec. 1262. Transportation into State prohibiting sale
Whoever imports, brings, or transports any intoxicating
liquor into any State[, Territory, District, or Possession] in
which all sales, except for scientific, sacramental, medicinal,
or mechanical purposes, of intoxicating liquor containing more
than 4 per centum of alcohol by volume or 3.2 per centum of
alcohol by weight are prohibited, otherwise than in the course
of continuous interstate transportation through such State[,
Territory, District, or Possession] or attempts so to do, or
assists in so doing,
Shall (1) If such liquor is not accompanied by such permits,
or licenses therefor as may be required by the laws of such
State[, Territory, District, or Possession] or (2) if all
importation, bringing, or transportation of intoxicating liquor
into such State[, Territory, District, or Possession] is
prohibited by the laws thereof, be fined under this title or
imprisoned not more than one year, or both.
In the enforcement of this section, the definition of
intoxicating liquor contained in the laws of the respective
States, Territories, Districts, or Possessions shall be
applied, but only to the extent that sales of such intoxicating
liquor (except for scientific, sacramental, medicinal, and
mechanical purposes) are prohibited therein.
* * * * * * *
Sec. 1265. C.O.D. shipments prohibited
Any railroad or express company, or other common carrier
which, or any person who, in connection with the transportation
of any spirituous, vinous, malted, or other fermented liquor,
or any compound containing any spirituous, vinous, malted, or
other fermented liquor fit for use for beverage purposes, into
any State[, Territory, District or Possession] of the United
States, which prohibits the delivery or sale therein of such
liquor, collects the purchase price or any part thereof,
before, on, or after delivery, from the consignee, or from any
other person, or in any manner acts as the agent of the buyer
or seller of any such liquor, for the purpose of buying or
selling or completing the sale thereof, saving only in the
actual transportation and delivery of the same, shall be fined
under this title or imprisoned not more than one year, or both.
* * * * * * *
CHAPTER 61--LOTTERIES
* * * * * * *
Sec. 1307. Exceptions relating to certain advertisements and other
information and to State-conducted lotteries
(a) The provisions of sections 1301, 1302, 1303, and 1304
shall not apply to--
(1) an advertisement, list of prizes, or other
information concerning a lottery conducted by a State
acting under the authority of State law which is--
(A) contained in a publication published in
that State or in a State which conducts such a
lottery; or
(B) broadcast by a radio or television
station licensed to a location in that State or
a State which conducts such a lottery; or
(2) an advertisement, list of prizes, or other
information concerning a lottery, gift enterprise, or
similar scheme, other than one described in paragraph
(1), that is authorized or not otherwise prohibited by
the State in which it is conducted and which is--
(A) conducted by a not-for-profit
organization or a governmental organization; or
(B) conducted as a promotional activity by a
commercial organization and is clearly
occasional and ancillary to the primary
business of that organization.
(b) The provisions of sections 1301, 1302, and 1303 shall not
apply to the transportation or mailing--
(1) to addresses within a State of equipment,
tickets, or material concerning a lottery which is
conducted by that State acting under the authority of
State law; or
(2) to an addressee within a foreign country of
equipment, tickets, or material designed to be used
within that foreign country in a lottery which is
authorized by the law of that foreign country.
(c) For the purposes of this section [(1) ``State'' means a
State of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, or any territory or possession of
the United States; and (2)] ``foreign country'' means any
empire, country, dominion, colony, or protectorate, or any
subdivision thereof (other than the United States, its
territories or possessions).
(d) For the purposes of subsection (b) of this section
``lottery'' means the pooling of proceeds derived from the sale
of tickets or chances and allotting those proceeds or parts
thereof by chance to one or more chance takers or ticket
purchasers. ``Lottery'' does not include the placing or
accepting of bets or wagers on sporting events or contests. For
purposes of this section, the term a ``not-for-profit
organization'' means any organization that would qualify as tax
exempt under section 501 of the Internal Revenue Code of 1986.
* * * * * * *
CHAPTER 63--MAIL FRAUD AND OTHER FRAUD OFFENSES
* * * * * * *
Sec. 1347. Health care fraud
(a) Whoever knowingly and willfully executes, or attempts to
execute, a scheme or artifice--
(1) to defraud any health care benefit program; or
(2) to obtain, by means of false or fraudulent
pretenses, representations, or promises, any of the
money or property owned by, or under the custody or
control of, any health care benefit program,
in connection with the delivery of or payment for health care
benefits, items, or services, shall be fined under this title
or imprisoned not more than 10 years, or both. If the violation
results in serious bodily injury [(as defined in section 1365
of this title)], such person shall be fined under this title or
imprisoned not more than 20 years, or both; and if the
violation results in death, such person shall be fined under
this title, or imprisoned for any term of years or for life, or
both.
(b) With respect to violations of this section, a person need
not have actual knowledge of this section or specific intent to
commit a violation of this section.
* * * * * * *
CHAPTER 65--MALICIOUS MISCHIEF
* * * * * * *
Sec. 1365. Tampering with consumer products
(a) Whoever, with reckless disregard for the risk that
another person will be placed in danger of death or bodily
injury and under circumstances manifesting extreme indifference
to such risk, tampers with any consumer product that affects
interstate or foreign commerce, or the labeling of, or
container for, any such product, or attempts to do so, shall--
(1) in the case of an attempt, be fined under this
title or imprisoned not more than ten years, or both;
(2) if death of an individual results, be fined under
this title or imprisoned for any term of years or for
life, or both;
(3) if serious bodily injury to any individual
results, be fined under this title or imprisoned not
more than twenty years, or both; and
(4) in any other case, be fined under this title or
imprisoned not more than ten years, or both.
(b) Whoever, with intent to cause serious injury to the
business of any person, taints any consumer product or renders
materially false or misleading the labeling of, or container
for, a consumer product, if such consumer product affects
interstate or foreign commerce, shall be fined under this title
or imprisoned not more than three years, or both.
(c)(1) Whoever knowingly communicates false information that
a consumer product has been tainted, if such product or the
results of such communication affect interstate or foreign
commerce, and if such tainting, had it occurred, would create a
risk of death or bodily injury to another person, shall be
fined under this title or imprisoned not more than five years,
or both.
(2) As used in paragraph (1) of this subsection, the term
``communicates false information'' means communicates
information that is false and that the communicator knows is
false, under circumstances in which the information may
reasonably be expected to be believed.
(d) Whoever knowingly threatens, under circumstances in which
the threat may reasonably be expected to be believed, that
conduct that, if it occurred, would violate subsection (a) of
this section will occur, shall be fined under this title or
imprisoned not more than five years, or both.
(e) Whoever is a party to a conspiracy of two or more persons
to commit an offense under subsection (a) of this section, if
any of the parties intentionally engages in any conduct in
furtherance of such offense, shall be fined under this title or
imprisoned not more than ten years, or both.
(f)(1) Whoever, without the consent of the manufacturer,
retailer, or distributor, intentionally tampers with a consumer
product that is sold in interstate or foreign commerce by
knowingly placing or inserting any writing in the consumer
product, or in the container for the consumer product, before
the sale of the consumer product to any consumer shall be fined
under this title, imprisoned not more than 1 year, or both.
(2) Notwithstanding the provisions of paragraph (1), if any
person commits a violation of this subsection after a prior
conviction under this section becomes final, such person shall
be fined under this title, imprisoned for not more than 3
years, or both.
(3) In this subsection, the term ``writing'' means any form
of representation or communication, including hand-bills,
notices, or advertising, that contain letters, words, or
pictorial representations.
(g) In addition to any other agency which has authority to
investigate violations of this section, the Food and Drug
Administration and the Department of Agriculture, respectively,
have authority to investigate violations of this section
involving a consumer product that is regulated by a provision
of law such Administration or Department, as the case may be,
administers.
(h) As used in this section--
(1) the term ``consumer product'' means--
(A) any ``food'', ``drug'', ``device'', or
``cosmetic'', as those terms are respectively
defined in section 201 of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 321); or
(B) any article, product, or commodity which
is customarily produced or distributed for
consumption by individuals, or use by
individuals for purposes of personal care or in
the performance of services ordinarily rendered
within the household, and which is designed to
be consumed or expended in the course of such
consumption or use; and
(2) the term ``labeling'' has the meaning given such
term in section 201(m) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 321(m))[;].
[(3) the term ``serious bodily injury'' means bodily
injury which involves--
[(A) 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]
(4) the term ``bodily injury'' means--
(A) a cut, abrasion, bruise, burn, or
disfigurement;
(B) physical pain;
(C) illness;
(D) impairment of the function of a bodily
member, organ, or mental faculty; or
(E) any other injury to the body, no matter
how temporary.
* * * * * * *
CHAPTER 73--OBSTRUCTION OF JUSTICE
* * * * * * *
Sec. 1511. Obstruction of State or local law enforcement
(a) It shall be unlawful for two or more persons to conspire
to obstruct the enforcement of the criminal laws of a State or
political subdivision thereof, with the intent to facilitate an
illegal gambling business if--
(1) one or more of such persons does any act to
effect the object of such a conspiracy;
(2) one or more of such persons is an official or
employee, elected, appointed, or otherwise, of such
State or political subdivision; and
(3) one or more of such persons conducts finances,
manages, supervises, directs, or owns all or part of an
illegal gambling business.
(b) As used in this section--
(1) ``illegal gambling business'' means a gambling
business which--
(i) is a violation of the law of a State or
political subdivision in which it is conducted;
(ii) involves five or more persons who
conduct, finance, manage, supervise, direct, or
own all or part of such business; and
(iii) has been or remains in substantially
continuous operation for a period in excess of
thirty days or has a gross revenue of $2,000 in
any single day.
(2) ``gambling'' includes but is not limited to pool-
selling, bookmaking, maintaining slot machines,
roulette wheels, or dice tables, and conducting
lotteries, policy, bolita or numbers games, or selling
chances therein.
[(3) ``State'' means any State of the United States,
the District of Columbia, the Commonwealth of Puerto
Rico, and any territory or possession of the United
States.]
(c) This section shall not apply to any bingo game, lottery,
or similar game of chance conducted by an organization exempt
from tax under paragraph (3) of subsection (c) of section 501
of the Internal Revenue Code of 1986, as amended, if no part of
the gross receipts derived from such activity inures to the
benefit of any private shareholder, member, or employee of such
organization, except as compensation for actual expenses
incurred by him in the conduct of such activity.
(d) Whoever violates this section shall be punished by a fine
under this title or imprisonment for not more than five years,
or both.
* * * * * * *
CHAPTER 75--PASSPORTS AND VISAS
Sec. 1541. Issuance without authority
Whoever, acting or claiming to act in any office or capacity
under the United States, or a State, without lawful authority
grants, issues, or verifies any passport or other instrument in
the nature of a passport to or for any person whomsoever; or
Whoever, being a consular officer authorized to grant, issue,
or verify passports, knowingly and willfully grants, issues, or
verifies any such passport to or for any person not owing
allegiance, to the United States, whether a citizen or not--
Shall be fined under this title, imprisoned not more than 25
years (if the offense was committed to facilitate an act of
international terrorism (as defined in section 2331 of this
title)), 20 years (if the offense was committed to facilitate a
drug trafficking crime (as defined in section 929(a) of this
title)), 10 years (in the case of the first or second such
offense, if the offense was not committed to facilitate such an
act of international terrorism or a drug trafficking crime), or
15 years (in the case of any other offense), or both.
[
[For purposes of this section, the term ``State'' means a
State of the United States, the District of Columbia, and any
commonwealth, territory, or possession of the United States.]
* * * * * * *
Sec. 1546. Fraud and misuse of visas, permits, and other documents
(a) Whoever knowingly forges, counterfeits, alters, or
falsely makes any immigrant or nonimmigrant visa, permit,
border crossing card, alien registration receipt card, or other
document prescribed by statute or regulation for entry into or
as evidence of authorized stay or employment in the United
States, or utters, uses, attempts to use, possesses, obtains,
accepts, or receives any such visa, permit, border crossing
card, alien registration receipt card, or other document
prescribed by statute or regulation for entry into or as
evidence of authorized stay or employment in the United States,
knowing it to be forged, counterfeited, altered, or falsely
made, or to have been procured by means of any false claim or
statement, or to have been otherwise procured by fraud or
unlawfully obtained; or
Whoever, except under direction of the Attorney General or
the Commissioner of the Immigration and Naturalization Service,
or other proper officer, knowingly possesses any blank permit,
or engraves, sells, brings into the United States, or has in
his control or possession any plate in the likeness of a plate
designed for the printing of permits, or makes any print,
photograph, or impression in the likeness of any immigrant or
nonimmigrant visa, permit or other document required for entry
into the United States, or has in his possession a distinctive
paper which has been adopted by the Attorney General or the
Commissioner of the Immigration and Naturalization Service for
the printing of such visas, permits, or documents; or
Whoever, when applying for an immigrant or nonimmigrant visa,
permit, or other document required for entry into the United
States, or for admission to the United States personates
another, or falsely appears in the name of a deceased
individual, or evades or attempts to evade the immigration laws
by appearing under an assumed or fictitious name without
disclosing his true identity, or sells or otherwise disposes
of, or offers to sell or otherwise dispose of, or utters, such
visa, permit, or other document, to any person not authorized
by law to receive such document; or
Whoever knowingly makes under oath, or as permitted under
penalty of perjury under section 1746 of title 28, United
States Code, knowingly subscribes as true, any false statement
with respect to a material fact in any application, affidavit,
or other document required by the immigration laws or
regulations prescribed thereunder, or knowingly presents any
such application, affidavit, or other document which contains
any such false statement or which fails to contain any
reasonable basis in law or fact--
Shall be fined under this title or imprisoned not more than
25 years (if the offense was committed to facilitate an act of
international terrorism (as defined in section 2331 of this
title)), 20 years (if the offense was committed to facilitate a
drug trafficking crime (as defined in section 929(a) of this
title)), 10 years (in the case of the first or second such
offense, if the offense was not committed to facilitate such an
act of international terrorism or a drug trafficking crime), or
15 years (in the case of any other offense), or both.
(b) Whoever uses--
(1) an identification document, knowing (or having
reason to know) that the document was not issued
lawfully for the use of the possessor,
(2) an identification document knowing (or having
reason to know) that the document is false, or
(3) a false attestation,
for the purpose of satisfying a requirement of section 274A(b)
of the Immigration and Nationality Act, shall be fined under
this title, imprisoned not more than 5 years, or both.
(c) This section does not prohibit any lawfully authorized
investigative, protective, or intelligence activity of a law
enforcement agency of the United States, a State, or a
subdivision of a State, or of an intelligence agency of the
United States, or any activity authorized under title V of the
Organized Crime Control Act of 1970 (18 U.S.C. note prec.
3481). [For purposes of this section, the term ``State'' means
a State of the United States, the District of Columbia, and any
commonwealth, territory, or possession of the United States.]
* * * * * * *
CHAPTER 83--POSTAL SERVICE
* * * * * * *
Sec. 1715. Firearms as nonmailable; regulations
Pistols, revolvers, and other firearms capable of being
concealed on the person are nonmailable and shall not be
deposited in or carried by the mails or delivered by any
officer or employee of the Postal Service. Such articles may be
conveyed in the mails, under such regulations as the Postal
Service shall prescribe, for use in connection with their
official duty, to officers of the Army, Navy, Air Force, Coast
Guard, Marine Corps, or Organized Reserve Corps; to officers of
the National Guard or Militia of a State[, Territory,
Commonwealth, Possession, or District]; to officers of the
United States or of a State[, Territory, Commonwealth,
Possession, or District] whose official duty is to serve
warrants of arrest or commitments; to employees of the Postal
Service; to officers and employees of enforcement agencies of
the United States; and to watchmen engaged in guarding the
property of the United States, a State[, Territory,
Commonwealth, Possession, or District]. Such articles also may
be conveyed in the mails to manufacturers of firearms or bona
fide dealers therein in customary trade shipments, including
such articles for repairs or replacement of parts, from one to
the other, under such regulations as the Postal Service shall
prescribe.
Whoever knowingly deposits for mailing or delivery, or
knowingly causes to be delivered by mail according to the
direction thereon, or at any place to which it is directed to
be delivered by the person to whom it is addressed, any pistol,
revolver, or firearm declared nonmailable by this section,
shall be fined under this title or imprisoned not more than two
years, or both.
Sec. 1716. Injurious articles as nonmailable
(a) All kinds of poison, and all articles and compositions
containing poison, and all poisonous animals, insects,
reptiles, and all explosives, hazardous materials, inflammable
materials, infernal machines, and mechanical, chemical, or
other devices or compositions which may ignite or explode, and
all disease germs or scabs, and all other natural or artificial
articles, compositions, or material which may kill or injure
another, or injure the mails or other property, whether or not
sealed as first-class matter, are nonmailable matter and shall
not be conveyed in the mails or delivered from any post office
or station thereof, nor by any officer or employee of the
Postal Service.
(b) The Postal Service may permit the transmission in the
mails, under such rules and regulations as it shall prescribe
as to preparation and packing, of any such articles which are
not outwardly or of their own force dangerous or injurious to
life, health, or property.
(c) The Postal Service is authorized and directed to permit
the transmission in the mails, under regulations to be
prescribed by it, of live scorpions which are to be used for
purposes of medical research or for the manufacture of
antivenom. Such regulations shall include such provisions with
respect to the packaging of such live scorpions for
transmission in the mails as the Postal Service deems necessary
or desirable for the protection of Postal Service personnel and
of the public generally and for ease of handling by such
personnel and by any individual connected with such research or
manufacture. Nothing contained in this paragraph shall be
construed to authorize the transmission in the mails of live
scorpions by means of aircraft engaged in the carriage of
passengers for compensation or hire.
(d) The transmission in the mails of poisonous drugs and
medicines may be limited by the Postal Service to shipments of
such articles from the manufacturer thereof or dealer therein
to licensed physicians, surgeons, dentists, pharmacists,
druggists, cosmetologists, barbers, and veterinarians under
such rules and regulations as it shall prescribe.
(e) The transmission in the mails of poisons for scientific
use, and which are not outwardly dangerous or of their own
force dangerous or injurious to life, health, or property, may
be limited by the Postal Service to shipments of such articles
between the manufacturers thereof, dealers therein, bona fide
research or experimental scientific laboratories, and such
other persons who are employees of the Federal, a State, or
local government, whose official duties are comprised, in whole
or in part, of the use of such poisons, and who are designated
by the head of the agency in which they are employed to receive
or send such articles, under such rules and regulations as the
Postal Service shall prescribe.
(f) All spirituous, vinous, malted, fermented, or other
intoxicating liquors of any kind are nonmailable and shall not
be deposited in or carried through the mails.
(g) All knives having a blade which opens automatically (1)
by hand pressure applied to a button or other device in the
handle of the knife, or (2) by operation of inertia, gravity,
or both, are nonmailable and shall not be deposited in or
carried by the mails or delivered by any officer or employee of
the Postal Service. Such knives may be conveyed in the mails,
under such regulations as the Postal Service shall prescribe--
(1) to civilian or Armed Forces supply or procurement
officers and employees of the Federal Government
ordering, procuring, or purchasing such knives in
connection with the activities of the Federal
Government;
(2) to supply or procurement officers of the National
Guard, the Air National Guard, or militia of a State
ordering, procuring, or purchasing such knives in
connection with the activities of such organizations;
(3) to supply or procurement officers or employees of
any State, or any political subdivision of a State or
Territory, ordering, procuring, or purchasing such
knives in connection with the activities of such
government; and
(4) to manufacturers of such knives or bona fide
dealers therein in connection with any shipment made
pursuant to an order from any person designated in
paragraphs (1), (2), and (3).
The Postal Service may require, as a condition of conveying any
such knife in the mails, that any person proposing to mail such
knife explain in writing to the satisfaction of the Postal
Service that the mailing of such knife will not be in violation
of this section.
(h) Any advertising, promotional, or sales matter which
solicits or induces the mailing of anything declared
nonmailable by this section is likewise nonmailable unless such
matter contains wrapping or packaging instructions which are in
accord with regulations promulgated by the Postal Service.
(i)(1) Any ballistic knife shall be subject to the same
restrictions and penalties provided under subsection (g) for
knives described in the first sentence of that subsection.
(2) As used in this subsection, the term ``ballistic knife''
means a knife with a detachable blade that is propelled by a
spring-operated mechanism.
(j)(1) Whoever knowingly deposits for mailing or delivery, or
knowingly causes to be delivered by mail, according to the
direction thereon, or at any place at which it is directed to
be delivered by the person to whom it is addressed, anything
declared nonmailable by this section, unless in accordance with
the rules and regulations authorized to be prescribed by the
Postal Service, shall be fined under this title or imprisoned
not more than one year, or both.
(2) Whoever knowingly deposits for mailing or delivery, or
knowingly causes to be delivered by mail, according to the
direction thereon or at any place to which it is directed to be
delivered by the person to whom it is addressed, anything
declared nonmailable by this section, whether or not
transmitted in accordance with the rules and regulations
authorized to be prescribed by the Postal Service, with intent
to kill or injure another, or injure the mails or other
property, shall be fined under this title or imprisoned not
more than twenty years, or both.
(3) Whoever is convicted of any crime prohibited by this
section, which has resulted in the death of any person, shall
be subject also to the death penalty or to imprisonment for
life.
[(k) For purposes of this section, the term ``State''
includes a State of the United States, the District of
Columbia, and any commonwealth, territory, or possession of the
United States.]
* * * * * * *
Sec. 1716E. Tobacco products as nonmailable
(a) Prohibition.--
(1) In general.--All cigarettes and smokeless tobacco
(as those terms are defined in section 1 of the Act of
October 19, 1949, commonly referred to as the Jenkins
Act) are nonmailable and shall not be deposited in or
carried through the mails. The United States Postal
Service shall not accept for delivery or transmit
through the mails any package that it knows or has
reasonable cause to believe contains any cigarettes or
smokeless tobacco made nonmailable by this paragraph.
(2) Reasonable cause.--For the purposes of this
subsection reasonable cause includes--
(A) a statement on a publicly available
website, or an advertisement, by any person
that the person will mail matter which is
nonmailable under this section in return for
payment; or
(B) the fact that the person is on the list
created under section 2A(e) of the Jenkins Act.
(b) Exceptions.--
(1) Cigars.--Subsection (a) shall not apply to cigars
(as defined in section 5702(a) of the Internal Revenue
Code of 1986).
(2) Geographic exception.--Subsection (a) shall not
apply to mailings within the State of Alaska or within
the State of Hawaii.
(3) Business purposes.--
(A) In general.--Subsection (a) shall not
apply to tobacco products mailed only--
(i) for business purposes between
legally operating businesses that have
all applicable State and Federal
Government licenses or permits and are
engaged in tobacco product
manufacturing, distribution, wholesale,
export, import, testing, investigation,
or research; or
(ii) for regulatory purposes between
any business described in clause (i)
and an agency of the Federal Government
or a State government.
(B) Rules.--
(i) In general.--Not later than 180
days after the date of enactment of the
Prevent All Cigarette Trafficking Act
of 2009, the Postmaster General shall
issue a final rule which shall
establish the standards and
requirements that apply to all mailings
described in subparagraph (A).
(ii) Contents.--The final rule issued
under clause (i) shall require--
(I) the United States Postal
Service to verify that any
person submitting an otherwise
nonmailable tobacco product
into the mails as authorized
under this paragraph is a
business or government agency
permitted to make a mailing
under this paragraph;
(II) the United States Postal
Service to ensure that any
recipient of an otherwise
nonmailable tobacco product
sent through the mails under
this paragraph is a business or
government agency that may
lawfully receive the product;
(III) that any mailing
described in subparagraph (A)
shall be sent through the
systems of the United States
Postal Service that provide for
the tracking and confirmation
of the delivery;
(IV) that the identity of the
business or government entity
submitting the mailing
containing otherwise
nonmailable tobacco products
for delivery and the identity
of the business or government
entity receiving the mailing
are clearly set forth on the
package;
(V) the United States Postal
Service to maintain identifying
information described in
subclause (IV) during the 3-
year period beginning on the
date of the mailing and make
the information available to
the Postal Service, the
Attorney General of the United
States, and to persons eligible
to bring enforcement actions
under section 3(d) of the
Prevent All Cigarette
Trafficking Act of 2009;
(VI) that any mailing
described in subparagraph (A)
be marked with a United States
Postal Service label or marking
that makes it clear to
employees of the United States
Postal Service that it is a
permitted mailing of otherwise
nonmailable tobacco products
that may be delivered only to a
permitted government agency or
business and may not be
delivered to any residence or
individual person; and
(VII) that any mailing
described in subparagraph (A)
be delivered only to a verified
employee of the recipient
business or government agency,
who is not a minor and who
shall be required to sign for
the mailing.
(C) Definition.--In this paragraph, the term
``minor'' means an individual who is less than
the minimum age required for the legal sale or
purchase of tobacco products as determined by
applicable law at the place the individual is
located.
(4) Certain individuals.--
(A) In general.--Subsection (a) shall not
apply to tobacco products mailed by individuals
who are not minors for noncommercial purposes,
including the return of a damaged or
unacceptable tobacco product to the
manufacturer.
(B) Rules.--
(i) In general.--Not later than 180
days after the date of enactment of the
Prevent All Cigarette Trafficking Act
of 2009, the Postmaster General shall
issue a final rule which shall
establish the standards and
requirements that apply to all mailings
described in subparagraph (A).
(ii) Contents.--The final rule issued
under clause (i) shall require--
(I) the United States Postal
Service to verify that any
person submitting an otherwise
nonmailable tobacco product
into the mails as authorized
under this paragraph is the
individual identified on the
return address label of the
package and is not a minor;
(II) for a mailing to an
individual, the United States
Postal Service to require the
person submitting the otherwise
nonmailable tobacco product
into the mails as authorized by
this paragraph to affirm that
the recipient is not a minor;
(III) that any package mailed
under this paragraph shall
weigh not more than 10 ounces;
(IV) that any mailing
described in subparagraph (A)
shall be sent through the
systems of the United States
Postal Service that provide for
the tracking and confirmation
of the delivery;
(V) that a mailing described
in subparagraph (A) shall not
be delivered or placed in the
possession of any individual
who has not been verified as
not being a minor;
(VI) for a mailing described
in subparagraph (A) to an
individual, that the United
States Postal Service shall
deliver the package only to a
recipient who is verified not
to be a minor at the recipient
address or transfer it for
delivery to an Air/Army Postal
Office or Fleet Postal Office
number designated in the
recipient address; and
(VII) that no person may
initiate more than 10 mailings
described in subparagraph (A)
during any 30- day period.
(C) Definition.--In this paragraph, the term
``minor'' means an individual who is less than
the minimum age required for the legal sale or
purchase of tobacco products as determined by
applicable law at the place the individual is
located.
(5) Exception for mailings for consumer testing by
manufacturers.--
(A) In general.--Subject to subparagraph (B),
subsection (a) shall not preclude a legally
operating cigarette manufacturer or a legally
authorized agent of a legally operating
cigarette manufacturer from using the United
States Postal Service to mail cigarettes to
verified adult smoker solely for consumer
testing purposes, if--
(i) the cigarette manufacturer has a
permit, in good standing, issued under
section 5713 of the Internal Revenue
Code of 1986;
(ii) the package of cigarettes mailed
under this paragraph contains not more
than 12 packs of cigarettes (240
cigarettes);
(iii) the recipient does not receive
more than 1 package of cigarettes from
any 1 cigarette manufacturer under this
paragraph during any 30-day period;
(iv) all taxes on the cigarettes
mailed under this paragraph levied by
the State and locality of delivery are
paid to the State and locality before
delivery, and tax stamps or other tax-
payment indicia are affixed to the
cigarettes as required by law; and
(v)(I) the recipient has not made any
payments of any kind in exchange for
receiving the cigarettes;
(II) the recipient is paid a fee by
the manufacturer or agent of the
manufacturer for participation in
consumer product tests; and
(III) the recipient, in connection
with the tests, evaluates the
cigarettes and provides feedback to the
manufacturer or agent.
(B) Limitations.--Subparagraph (A) shall
not--
(i) permit a mailing of cigarettes to
an individual located in any State that
prohibits the delivery or shipment of
cigarettes to individuals in the State,
or preempt, limit, or otherwise affect
any related State laws; or
(ii) permit a manufacturer, directly
or through a legally authorized agent,
to mail cigarettes in any calendar year
in a total amount greater than 1
percent of the total cigarette sales of
the manufacturer in the United States
during the calendar year before the
date of the mailing.
(C) Rules.--
(i) In general.--Not later than 180
days after the date of enactment of the
Prevent All Cigarette Trafficking Act
of 2009, the Postmaster General shall
issue a final rule which shall
establish the standards and
requirements that apply to all mailings
described in subparagraph (A).
(ii) Contents.--The final rule issued
under clause (i) shall require--
(I) the United States Postal
Service to verify that any
person submitting a tobacco
product into the mails under
this paragraph is a legally
operating cigarette
manufacturer permitted to make
a mailing under this paragraph,
or an agent legally authorized
by the legally operating
cigarette manufacturer to
submit the tobacco product into
the mails on behalf of the
manufacturer;
(II) the legally operating
cigarette manufacturer
submitting the cigarettes into
the mails under this paragraph
to affirm that--
(aa) the manufacturer
or the legally
authorized agent of the
manufacturer has
verified that the
recipient is an adult
established smoker;
(bb) the recipient
has not made any
payment for the
cigarettes;
(cc) the recipient
has signed a written
statement that is in
effect indicating that
the recipient wishes to
receive the mailings;
and
(dd) the manufacturer
or the legally
authorized agent of the
manufacturer has
offered the opportunity
for the recipient to
withdraw the written
statement described in
item (cc) not less
frequently than once in
every 3-month period;
(III) the legally operating
cigarette manufacturer or the
legally authorized agent of the
manufacturer submitting the
cigarettes into the mails under
this paragraph to affirm that
any package mailed under this
paragraph contains not more
than 12 packs of cigarettes
(240 cigarettes) on which all
taxes levied on the cigarettes
by the State and locality of
delivery have been paid and all
related State tax stamps or
other tax-payment indicia have
been applied;
(IV) that any mailing
described in subparagraph (A)
shall be sent through the
systems of the United States
Postal Service that provide for
the tracking and confirmation
of the delivery;
(V) the United States Postal
Service to maintain records
relating to a mailing described
in subparagraph (A) during the
3-year period beginning on the
date of the mailing and make
the information available to
persons enforcing this section;
(VI) that any mailing
described in subparagraph (A)
be marked with a United States
Postal Service label or marking
that makes it clear to
employees of the United States
Postal Service that it is a
permitted mailing of otherwise
nonmailable tobacco products
that may be delivered only to
the named recipient after
verifying that the recipient is
an adult; and
(VII) the United States
Postal Service shall deliver a
mailing described in
subparagraph (A) only to the
named recipient and only after
verifying that the recipient is
an adult.
(D) Definitions.--In this paragraph--
(i) the term ``adult'' means an
individual who is not less than 21
years of age; and
(ii) the term ``consumer testing''
means testing limited to formal data
collection and analysis for the
specific purpose of evaluating the
product for quality assurance and
benchmarking purposes of cigarette
brands or sub-brands among existing
adult smokers.
(6) Federal Government agencies.--An agency of the
Federal Government involved in the consumer testing of
tobacco products solely for public health purposes may
mail cigarettes under the same requirements,
restrictions, and rules and procedures that apply to
consumer testing mailings of cigarettes by
manufacturers under paragraph (5), except that the
agency shall not be required to pay the recipients for
participating in the consumer testing.
(c) Seizure and Forfeiture.--Any cigarettes or smokeless
tobacco made nonmailable by this subsection that are deposited
in the mails shall be subject to seizure and forfeiture,
pursuant to the procedures set forth in chapter 46 of this
title. Any tobacco products seized and forfeited under this
subsection shall be destroyed or retained by the Federal
Government for the detection or prosecution of crimes or
related investigations and then destroyed.
(d) Additional Penalties.--In addition to any other fines and
penalties under this title for violations of this section, any
person violating this section shall be subject to an additional
civil penalty in the amount equal to 10 times the retail value
of the nonmailable cigarettes or smokeless tobacco, including
all Federal, State, and local taxes.
(e) Criminal Penalty.--Whoever knowingly deposits for mailing
or delivery, or knowingly causes to be delivered by mail,
according to the direction thereon, or at any place at which it
is directed to be delivered by the person to whom it is
addressed, anything that is nonmailable matter under this
section shall be fined under this title, imprisoned not more
than 1 year, or both.
(f) Use of Penalties.--There is established a separate
account in the Treasury, to be known as the ``PACT Postal
Service Fund''. Notwithstanding any other provision of law, an
amount equal to 50 percent of any criminal fines, civil
penalties, or other monetary penalties collected by the Federal
Government in enforcing this section shall be transferred into
the PACT Postal Service Fund and shall be available to the
Postmaster General for the purpose of enforcing this
subsection.
(g) Coordination of Efforts.--The Postmaster General shall
cooperate and coordinate efforts to enforce this section with
related enforcement activities of any other Federal agency or
agency of any State, local, or tribal government, whenever
appropriate.
(h) Actions by State, Local, or Tribal Governments Relating
to Certain Tobacco Products.--
(1) In general.--A State, through its attorney
general, or a local government or Indian tribe that
levies an excise tax on tobacco products, through its
chief law enforcement officer, may in a civil action in
a United States district court obtain appropriate
relief with respect to a violation of this section.
Appropriate relief includes injunctive and equitable
relief and damages equal to the amount of unpaid taxes
on tobacco products mailed in violation of this section
to addressees in that State, locality, or tribal land.
(2) Sovereign immunity.--Nothing in this subsection
shall be deemed to abrogate or constitute a waiver of
any sovereign immunity of a State or local government
or Indian tribe against any unconsented lawsuit under
paragraph (1), or otherwise to restrict, expand, or
modify any sovereign immunity of a State or local
government or Indian tribe.
(3) Attorney general referral.--A State, through its
attorney general, or a local government or Indian tribe
that levies an excise tax on tobacco products, through
its chief law enforcement officer, may provide evidence
of a violation of this section for commercial purposes
by any person not subject to State, local, or tribal
government enforcement actions for violations of this
section to the Attorney General of the United States,
who shall take appropriate actions to enforce this
section.
(4) Nonexclusivity of remedies.--The remedies
available under this subsection are in addition to any
other remedies available under Federal, State, local,
tribal, or other law. Nothing in this subsection shall
be construed to expand, restrict, or otherwise modify
any right of an authorized State, local, or tribal
government official to proceed in a State, tribal, or
other appropriate court, or take other enforcement
actions, on the basis of an alleged violation of State,
local, tribal, or other law.
(5) Other enforcement actions.--Nothing in this
subsection shall be construed to prohibit an authorized
State official from proceeding in State court on the
basis of an alleged violation of any general civil or
criminal statute of the State.
[(i) Definition.--In this section, the term ``State'' has the
meaning given that term in section 1716(k).]
* * * * * * *
CHAPTER 85--PRISON-MADE GOODS
Sec. 1761. Transportation or importation
(a) Whoever knowingly transports in interstate commerce or
from any foreign country into the United States any goods,
wares, or merchandise manufactured, produced, or mined, wholly
or in part by convicts or prisoners, except convicts or
prisoners on parole, supervised release, or probation, or in
any penal or reformatory institution, shall be fined under this
title or imprisoned not more than two years, or both.
(b) This chapter shall not apply to agricultural commodities
or parts for the repair of farm machinery, nor to commodities
manufactured in a Federal, District of Columbia, or State
institution for use by the Federal Government, or by the
District of Columbia, or by any State or Political subdivision
of a State or not-for-profit organizations.
(c) In addition to the exceptions set forth in subsection (b)
of this section, this chapter shall not apply to goods, wares,
or merchandise manufactured, produced, or mined by convicts or
prisoners who--
(1) are participating in - one of not more than 50
prison work pilot projects designated by the Director
of the Bureau of Justice Assistance;
(2) have, in connection with such work, received
wages at a rate which is not less than that paid for
work of a similar nature in the locality in which the
work was performed, except that such wages may be
subject to deductions which shall not, in the
aggregate, exceed 80 per centum of gross wages, and
shall be limited as follows:
(A) taxes (Federal, State, local);
(B) reasonable charges for room and board, as
determined by regulations issued by the chief
State correctional officer, in the case of a
State prisoner;
(C) allocations for support of family
pursuant to State statute, court order, or
agreement by the offender;
(D) contributions to any fund established by
law to compensate the victims of crime of not
more than 20 per centum but not less than 5 per
centum of gross wages;
(3) have not solely by their status as offenders,
been deprived of the right to participate in benefits
made available by the Federal or State Government to
other individuals on the basis of their employment,
such as workmen's compensation. However, such convicts
or prisoners shall not be qualified to receive any
payments for unemployment compensation while
incarcerated, notwithstanding any other provision of
the law to the contrary; and
(4) have participated in such employment voluntarily
and have agreed in advance to the specific deductions
made from gross wages pursuant to this section, and all
other financial arrangements as a result of
participation in such employment.
(d) This section shall not apply to goods, wares, or
merchandise manufactured, produced, mined or assembled by
convicts or prisoners who are participating in any pilot
project approved by the FPI Board of Directors, which are
currently, or would otherwise be, manufactured, produced,
mined, or assembled outside the United States.
[(e) For the purposes of this section, the term ``State''
means a State of the United States and any commonwealth,
territory, or possession of the United States.]
* * * * * * *
CHAPTER 90--PROTECTION OF TRADE SECRETS
* * * * * * *
Sec. 1838. Construction with other laws
This chapter shall not be construed to preempt or displace
any other remedies, whether civil or criminal, provided by
United States Federal[, State, commonwealth, possession, or
territory] or State law for the misappropriation of a trade
secret, or to affect the otherwise lawful disclosure of
information by any Government employee under section 552 of
title 5 (commonly known as the Freedom of Information Act).
* * * * * * *
CHAPTER 90A--PROTECTION OF UNBORN CHILDREN
* * * * * * *
Sec. 1841. Protection of unborn children
(a)(1) Whoever engages in conduct that violates any of the
provisions of law listed in subsection (b) and thereby causes
the death of, or bodily injury [(as defined in section 1365)]
to, a child, who is in utero at the time the conduct takes
place, is guilty of a separate offense under this section.
(2)(A) Except as otherwise provided in this paragraph, the
punishment for that separate offense is the same as the
punishment provided under Federal law for that conduct had that
injury or death occurred to the unborn child's mother.
(B) An offense under this section does not require proof
that--
(i) the person engaging in the conduct had knowledge
or should have had knowledge that the victim of the
underlying offense was pregnant; or
(ii) the defendant intended to cause the death of, or
bodily injury to, the unborn child.
(C) If the person engaging in the conduct thereby
intentionally kills or attempts to kill the unborn child, that
person shall instead of being punished under subparagraph (A),
be punished as provided under sections 1111, 1112, and 1113 of
this title for intentionally killing or attempting to kill a
human being.
(D) Notwithstanding any other provision of law, the death
penalty shall not be imposed for an offense under this section.
(b) The provisions referred to in subsection (a) are the
following:
(1) Sections 36, 37, 43, 111, 112, 113, 114, 115,
229, 242, 245, 247, 248, 351, 831, 844(d), (f),
(h)(1),and (i), 924(j), 930, 1111, 1112, 1113, 1114,
1116, 1118, 1119, 1120, 1121, 1153(a), 1201(a), 1203,
1365(a), 1501, 1503, 1505, 1512, 1513, 1751, 1864,
1951, 1952 (a)(1)(B), (a)(2)(B), and (a)(3)(B), 1958,
1959, 1992, 2113, 2114, 2116, 2118, 2119, 2191, 2231,
2241(a), 2245, 2261, 2261A, 2280, 2281, 2332, 2332a,
2332b, 2340A, and 2441 of this title.
(2) Section 408(e) of the Controlled Substances Act
of 1970 (21 U.S.C. 848(e)).
(3) Section 202 of the Atomic Energy Act of 1954 (42
U.S.C. 2283).
(c) Nothing in this section shall be construed to permit the
prosecution--
(1) of any person for conduct relating to an abortion
for which the consent of the pregnant woman, or a
person authorized by law to act on her behalf, has been
obtained or for which such consent is implied by law;
(2) of any person for any medical treatment of the
pregnant woman or her unborn child; or
(3) of any woman with respect to her unborn child.
(d) As used in this section, the term ``unborn child'' means
a child in utero, and the term ``child in utero'' or ``child,
who is in utero'' means a member of the species homo sapiens,
at any stage of development, who is carried in the womb.
* * * * * * *
CHAPTER 95--RACKETEERING
* * * * * * *
Sec. 1951. Interference with commerce by threats or violence
(a) Whoever in any way or degree obstructs, delays, or
affects commerce or the movement of any article or commodity in
commerce, by robbery or extortion or attempts or conspires so
to do, or commits or threatens physical violence to any person
or property in furtherance of a plan or purpose to do anything
in violation of this section shall be fined under this title or
imprisoned not more than twenty years, or both.
(b) As used in this section--
(1) The term ``robbery'' means the unlawful taking or
obtaining of personal property from the person or in
the presence of another, against his will, by means of
actual or threatened force, or violence, or fear of
injury, immediate or future, to his person or property,
or property in his custody or possession, or the person
or property of a relative or member of his family or of
anyone in his company at the time of the taking or
obtaining.
(2) The term ``extortion'' means the obtaining of
property from another, with his consent, induced by
wrongful use of actual or threatened force, violence,
or fear, or under color of official right.
(3) The term ``commerce'' means commerce within the
District of Columbia, or [any Territory or Possession
of the United States] any territory or possession of
the United States; all commerce between any point in a
State[, Territory, Possession, or the District of
Columbia] and any point outside thereof; all commerce
between points within the same State through any place
outside such State; and all other commerce over which
the United States has jurisdiction.
(c) This section shall not be construed to repeal, modify or
affect section 17 of Title 15, sections 52, 101-115, 151-166 of
Title 29 or sections 151-188 of Title 45.
Sec. 1952. Interstate and foreign travel or transportation in aid of
racketeering enterprises
(a) Whoever travels in interstate or foreign commerce or uses
the mail or any facility in interstate or foreign commerce,
with intent to--
(1) distribute the proceeds of any unlawful activity;
or
(2) commit any crime of violence to further any
unlawful activity; or
(3) otherwise promote, manage, establish, carry on,
or facilitate the promotion, management, establishment,
or carrying on, of any unlawful activity,
and thereafter performs or attempts to perform--
(A) an act described in paragraph (1) or (3) shall be
fined under this title, imprisoned not more than 5
years, or both; or
(B) an act described in paragraph (2) shall be fined
under this title, imprisoned for not more than 20
years, or both, and if death results shall be
imprisoned for any term of years or for life.
(b) As used in this section [(i)] ``unlawful activity'' means
(1) any business enterprise involving gambling, liquor on which
the Federal excise tax has not been paid, narcotics or
controlled substances (as defined in section 102(6) of the
Controlled Substances Act), or prostitution offenses in
violation of the laws of the State in which they are committed
or of the United States, (2) extortion, bribery, or arson in
violation of the laws of the State in which committed or of the
United States, or (3) any act which is indictable under
subchapter II of chapter 53 of title 31, United States Code, or
under section 1956 or 1957 of this title [and (ii) the term
``State'' includes a State of the United States, the District
of Columbia, and any commonwealth, territory, or possession of
the United States].
(c) Investigations of violations under this section involving
liquor shall be conducted under the supervision of the Attorney
General.
(d) If the offense under this section involves an act
described in paragraph (1) or (3) of subsection (a) and also
involves a pre-retail medical product (as defined in section
670), the punishment for the offense shall be the same as the
punishment for an offense under section 670 unless the
punishment under subsection (a) is greater.
(e)(1) This section shall not apply to a savings promotion
raffle conducted by an insured depository institution or an
insured credit union.
(2) In this subsection--
(A) the term ``insured credit union'' shall have the
meaning given the term in section 101 of the Federal
Credit Union Act (12 U.S.C. 1752);
(B) the term ``insured depository institution'' shall
have the meaning given the term in section 3 of the
Federal Deposit Insurance Act (12 U.S.C. 1813); and
(C) the term ``savings promotion raffle'' means a
contest in which the sole consideration required for a
chance of winning designated prizes is obtained by the
deposit of a specified amount of money in a savings
account or other savings program, where each ticket or
entry has an equal chance of being drawn, such contest
being subject to regulations that may from time to time
be promulgated by the appropriate prudential regulator
(as defined in section 1002 of the Consumer Financial
Protection Act of 2010 (12 U.S.C. 5481)).
* * * * * * *
Sec. 1953. Interstate transportation of wagering paraphernalia
(a) Whoever, except a common carrier in the usual course of
its business, knowingly carries or sends in interstate or
foreign commerce any record, paraphernalia, ticket,
certificate, bills, slip, token, paper, writing, or other
device used, or to be used, or adapted, devised, or designed
for use in (a) bookmaking; or (b) wagering pools with respect
to a sporting event; or (c) in a numbers, policy, bolita, or
similar game shall be fined under this title or imprisoned for
not more than five years or both.
(b) This section shall not apply to (1) parimutuel betting
equipment, parimutuel tickets where legally acquired, or
parimutuel materials used or designed for use at racetracks or
other sporting events in connection with which betting is legal
under applicable State law, or (2) the transportation of
betting materials to be used in the placing of bets or wagers
on a sporting event into a State in which such betting is legal
under the statutes of that State, or (3) the carriage or
transportation in interstate or foreign commerce of any
newspaper or similar publication, or (4) equipment, tickets, or
materials used or designed for use within a State in a lottery
conducted by that State acting under authority of State law,
(5) equipment, tickets, or materials used or designed for use
in a savings promotion raffle operated by an insured depository
institution or an insured credit union, or (6) the
transportation in foreign commerce to a destination in a
foreign country of equipment, tickets, or materials designed to
be used within that foreign country in a lottery which is
authorized by the laws of that foreign country.
(c) Nothing contained in this section shall create immunity
from criminal prosecution under any laws of any State[,
Commonwealth of Puerto Rico, territory, possession, or the
District of Columbia].
(d) For purposes of this section--
(1) the term ``foreign country'' means any empire,
country, dominion, colony, or protectorate, or any
subdivision thereof (other than the United States, its
territories or possessions);
(2) the term ``insured credit union'' shall have the
meaning given the term in section 101 of the Federal
Credit Union Act (12 U.S.C. 1752);
(3) the term ``insured depository institution'' shall
have the meaning given the term in section 3 of the
Federal Deposit Insurance Act (12 U.S.C. 1813);
(4) the term ``lottery''--
(A) means the pooling of proceeds derived
from the sale of tickets or chances and
allotting those proceeds or parts thereof by
chance to one or more chance takers or ticket
purchasers; and
(B) does not include the placing or accepting
of bets or wagers on sporting events or
contests; and
(5) the term ``savings promotion raffle'' means a
contest in which the sole consideration required for a
chance of winning designated prizes is obtained by the
deposit of a specified amount of money in a savings
account or other savings program, where each ticket or
entry has an equal chance of being drawn, such contest
being subject to regulations that may from time to time
be promulgated by the appropriate prudential regulator
(as defined in section 1002 of the Consumer Financial
Protection Act of 2010 (12 U.S.C. 5481))[; and].
[(6) the term ``State'' means a State of the United
States, the District of Columbia, the Commonwealth of
Puerto Rico, or any territory or possession of the
United States.]
* * * * * * *
Sec. 1955. Prohibition of illegal gambling businesses
(a) Whoever conducts, finances, manages, supervises, directs,
or owns all or part of an illegal gambling business shall be
fined under this title or imprisoned not more than five years,
or both.
(b) As used in this section--
(1) ``illegal gambling business'' means a gambling
business which--
(i) is a violation of the law of a State or
political subdivision in which it is conducted;
(ii) involves five or more persons who
conduct, finance, manage, supervise, direct, or
own all or part of such business; and
(iii) has been or remains in substantially
continuous operation for a period in excess of
thirty days or has a gross revenue of $2,000 in
any single day.
(2) ``insured credit union'' shall have the meaning
given the term in section 101 of the Federal Credit
Union Act (12 U.S.C. 1752).
(3) ``insured depository institution'' shall have the
meaning given the term in section 3 of the Federal
Deposit Insurance Act (12 U.S.C. 1813).
(4) ``gambling'' includes but is not limited to pool-
selling, bookmaking, maintaining slot machines,
roulette wheels or dice tables, and conducting
lotteries, policy, bolita or numbers games, or selling
chances therein.
(5) ``savings promotion raffle'' means a contest in
which the sole consideration required for a chance of
winning designated prizes is obtained by the deposit of
a specified amount of money in a savings account or
other savings program, where each ticket or entry has
an equal chance of being drawn, such contest being
subject to regulations that may from time to time be
promulgated by the appropriate prudential regulator (as
defined in section 1002 of the Consumer Financial
Protection Act of 2010 (12 U.S.C. 5481)).
[(6) ``State'' means any State of the United States,
the District of Columbia, the Commonwealth of Puerto
Rico, and any territory or possession of the United
States.]
(c) If five or more persons conduct, finance, manage,
supervise, direct, or own all or part of a gambling business
and such business operates for two or more successive days,
then, for the purpose of obtaining warrants for arrests,
interceptions, and other searches and seizures, probable cause
that the business receives gross revenue in excess of $2,000 in
any single day shall be deemed to have been established.
(d) Any property, including money, used in violation of the
provisions of this section may be seized and forfeited to the
United States. All provisions of law relating to the seizures,
summary, and judicial forfeiture procedures, and condemnation
of vessels, vehicles, merchandise, and baggage for violation of
the customs laws; the disposition of such vessels, vehicles,
merchandise, and baggage or the proceeds from such sale; the
remission or mitigation of such forfeitures; and the compromise
of claims and the award of compensation to informers in respect
of such forfeitures shall apply to seizures and forfeitures
incurred or alleged to have been incurred under the provisions
of this section, insofar as applicable and not inconsistent
with such provisions. Such duties as are imposed upon the
collector of customs or any other person in respect to the
seizure and forfeiture of vessels, vehicles, merchandise, and
baggage under the customs laws shall be performed with respect
to seizures and forfeitures of property used or intended for
use in violation of this section by such officers, agents, or
other persons as may be designated for that purpose by the
Attorney General.
(e) This section shall not apply to--
(1) any bingo game, lottery, or similar game of
chance conducted by an organization exempt from tax
under paragraph (3) of subsection (c) of section 501 of
the Internal Revenue Code of 1986, as amended, if no
part of the gross receipts derived from such activity
inures to the benefits of any private shareholder,
member, or employee of such organization except as
compensation for actual expenses incurred by him in the
conduct of such activity; or
(2) any savings promotion raffle.
Sec. 1956. Laundering of monetary instruments
(a)(1) Whoever, knowing that the property involved in a
financial transaction represents the proceeds of some form of
unlawful activity, conducts or attempts to conduct such a
financial transaction which in fact involves the proceeds of
specified unlawful activity--
(A)(i) with the intent to promote the carrying on of
specified unlawful activity; or
(ii) with intent to engage in conduct constituting a
violation of section 7201 or 7206 of the Internal
Revenue Code of 1986; or
(B) knowing that the transaction is designed in whole
or in part--
(i) to conceal or disguise the nature, the
location, the source, the ownership, or the
control of the proceeds of specified unlawful
activity; or
(ii) to avoid a transaction reporting
requirement under State or Federal law,
shall be sentenced to a fine of not more than $500,000 or twice
the value of the property involved in the transaction,
whichever is greater, or imprisonment for not more than twenty
years, or both. For purposes of this paragraph, a financial
transaction shall be considered to be one involving the
proceeds of specified unlawful activity if it is part of a set
of parallel or dependent transactions, any one of which
involves the proceeds of specified unlawful activity, and all
of which are part of a single plan or arrangement.
(2) Whoever transports, transmits, or transfers, or attempts
to transport, transmit, or transfer a monetary instrument or
funds from a place in the United States to or through a place
outside the United States or to a place in the United States
from or through a place outside the United States--
(A) with the intent to promote the carrying on of
specified unlawful activity; or
(B) knowing that the monetary instrument or funds
involved in the transportation, transmission, or
transfer represent the proceeds of some form of
unlawful activity and knowing that such transportation,
transmission, or transfer is designed in whole or in
part--
(i) to conceal or disguise the nature, the
location, the source, the ownership, or the
control of the proceeds of specified unlawful
activity; or
(ii) to avoid a transaction reporting
requirement under State or Federal law,
shall be sentenced to a fine of not more than $500,000 or twice
the value of the monetary instrument or funds involved in the
transportation, transmission, or transfer, whichever is
greater, or imprisonment for not more than twenty years, or
both. For the purpose of the offense described in subparagraph
(B), the defendant's knowledge may be established by proof that
a law enforcement officer represented the matter specified in
subparagraph (B) as true, and the defendant's subsequent
statements or actions indicate that the defendant believed such
representations to be true.
(3) Whoever, with the intent--
(A) to promote the carrying on of specified unlawful
activity;
(B) to conceal or disguise the nature, location,
source, ownership, or control of property believed to
be the proceeds of specified unlawful activity; or
(C) to avoid a transaction reporting requirement
under State or Federal law,
conducts or attempts to conduct a financial transaction
involving property represented to be the proceeds of specified
unlawful activity, or property used to conduct or facilitate
specified unlawful activity, shall be fined under this title or
imprisoned for not more than 20 years, or both. For purposes of
this paragraph and paragraph (2), the term ``represented''
means any representation made by a law enforcement officer or
by another person at the direction of, or with the approval of,
a Federal official authorized to investigate or prosecute
violations of this section.
(b) Penalties.--
(1) In general.--Whoever conducts or attempts to
conduct a transaction described in subsection (a)(1) or
(a)(3), or section 1957, or a transportation,
transmission, or transfer described in subsection
(a)(2), is liable to the United States for a civil
penalty of not more than the greater of--
(A) the value of the property, funds, or
monetary instruments involved in the
transaction; or
(B) $10,000.
(2) Jurisdiction over foreign persons.--For purposes
of adjudicating an action filed or enforcing a penalty
ordered under this section, the district courts shall
have jurisdiction over any foreign person, including
any financial institution authorized under the laws of
a foreign country, against whom the action is brought,
if service of process upon the foreign person is made
under the Federal Rules of Civil Procedure or the laws
of the country in which the foreign person is found,
and--
(A) the foreign person commits an offense
under subsection (a) involving a financial
transaction that occurs in whole or in part in
the United States;
(B) the foreign person converts, to his or
her own use, property in which the United
States has an ownership interest by virtue of
the entry of an order of forfeiture by a court
of the United States; or
(C) the foreign person is a financial
institution that maintains a bank account at a
financial institution in the United States.
(3) Court authority over assets.--A court may issue a
pretrial restraining order or take any other action
necessary to ensure that any bank account or other
property held by the defendant in the United States is
available to satisfy a judgment under this section.
(4) Federal receiver.--
(A) In general.--A court may appoint a
Federal Receiver, in accordance with
subparagraph (B) of this paragraph, to collect,
marshal, and take custody, control, and
possession of all assets of the defendant,
wherever located, to satisfy a civil judgment
under this subsection, a forfeiture judgment
under section 981 or 982, or a criminal
sentence under section 1957 or subsection (a)
of this section, including an order of
restitution to any victim of a specified
unlawful activity.
(B) Appointment and authority.--A Federal
Receiver described in subparagraph (A)--
(i) may be appointed upon application
of a Federal prosecutor or a Federal or
State regulator, by the court having
jurisdiction over the defendant in the
case;
(ii) shall be an officer of the
court, and the powers of the Federal
Receiver shall include the powers set
out in section 754 of title 28, United
States Code; and
(iii) shall have standing equivalent
to that of a Federal prosecutor for the
purpose of submitting requests to
obtain information regarding the assets
of the defendant--
(I) from the Financial Crimes
Enforcement Network of the
Department of the Treasury; or
(II) from a foreign country
pursuant to a mutual legal
assistance treaty, multilateral
agreement, or other arrangement
for international law
enforcement assistance,
provided that such requests are
in accordance with the policies
and procedures of the Attorney
General.
(c) As used in this section--
(1) the term ``knowing that the property involved in
a financial transaction represents the proceeds of some
form of unlawful activity'' means that the person knew
the property involved in the transaction represented
proceeds from some form, though not necessarily which
form, of activity that constitutes a felony under
State, Federal, or foreign law, regardless of whether
or not such activity is specified in paragraph (7);
(2) the term ``conducts'' includes initiating,
concluding, or participating in initiating, or
concluding a transaction;
(3) the term ``transaction'' includes a purchase,
sale, loan, pledge, gift, transfer, delivery, or other
disposition, and with respect to a financial
institution includes a deposit, withdrawal, transfer
between accounts, exchange of currency, loan, extension
of credit, purchase or sale of any stock, bond,
certificate of deposit, or other monetary instrument,
use of a safe deposit box, or any other payment,
transfer, or delivery by, through, or to a financial
institution, by whatever means effected;
(4) the term ``financial transaction'' means (A) a
transaction which in any way or degree affects
interstate or foreign commerce (i) involving the
movement of funds by wire or other means or (ii)
involving one or more monetary instruments, or (iii)
involving the transfer of title to any real property,
vehicle, vessel, or aircraft, or (B) a transaction
involving the use of a financial institution which is
engaged in, or the activities of which affect,
interstate or foreign commerce in any way or degree;
(5) the term ``monetary instruments'' means (i) coin
or currency of the United States or of any other
country, travelers' checks, personal checks, bank
checks, and money orders, or (ii) investment securities
or negotiable instruments, in bearer form or otherwise
in such form that title thereto passes upon delivery;
(6) the term ``financial institution'' includes--
(A) any financial institution, as defined in
section 5312(a)(2) of title 31, United States
Code, or the regulations promulgated
thereunder; and
(B) any foreign bank, as defined in section 1
of the International Banking Act of 1978 (12
U.S.C. 3101);
(7) the term ``specified unlawful activity'' means--
(A) any act or activity constituting an
offense listed in section 1961(1) of this title
except an act which is indictable under
subchapter II of chapter 53 of title 31;
(B) with respect to a financial transaction
occurring in whole or in part in the United
States, an offense against a foreign nation
involving--
(i) the manufacture, importation,
sale, or distribution of a controlled
substance (as such term is defined for
the purposes of the Controlled
Substances Act);
(ii) murder, kidnapping, robbery,
extortion, destruction of property by
means of explosive or fire, or a crime
of violence (as defined in section 16);
(iii) fraud, or any scheme or attempt
to defraud, by or against a foreign
bank (as defined in paragraph 7 of
section 1(b) of the International
Banking Act of 1978));
(iv) bribery of a public official, or
the misappropriation, theft, or
embezzlement of public funds by or for
the benefit of a public official;
(v) smuggling or export control
violations involving--
(I) an item controlled on the
United States Munitions List
established under section 38 of
the Arms Export Control Act (22
U.S.C. 2778); or
(II) an item controlled under
regulations under the Export
Administration Regulations (15
C.F.R. Parts 730-774);
(vi) an offense with respect to which
the United States would be obligated by
a multilateral treaty, either to
extradite the alleged offender or to
submit the case for prosecution, if the
offender were found within the
territory of the United States; or
(vii) trafficking in persons, selling
or buying of children, sexual
exploitation of children, or
transporting, recruiting or harboring a
person, including a child, for
commercial sex acts;
(C) any act or acts constituting a continuing
criminal enterprise, as that term is defined in
section 408 of the Controlled Substances Act
(21 U.S.C. 848);
(D) an offense under section 32 (relating to
the destruction of aircraft), section 37
(relating to violence at international
airports), section 115 (relating to
influencing, impeding, or retaliating against a
Federal official by threatening or injuring a
family member), section 152 (relating to
concealment of assets; false oaths and claims;
bribery), section 175c (relating to the variola
virus), section 215 (relating to commissions or
gifts for procuring loans), section 351
(relating to congressional or Cabinet officer
assassination), any of sections 500 through 503
(relating to certain counterfeiting offenses),
section 513 (relating to securities of States
and private entities), section 541 (relating to
goods falsely classified), section 542 relating
to entry of goods by means of false
statements), section 545 (relating to smuggling
goods into the United States), section 549
(relating to removing goods from Customs
custody), section 554 (relating to smuggling
goods from the United States), section 555
(relating to border tunnels), section 641
(relating to public money, property, or
records), section 656 (relating to theft,
embezzlement, or misapplication by bank officer
or employee), section 657 (relating to lending,
credit, and insurance institutions), section
658 (relating to property mortgaged or pledged
to farm credit agencies), section 666 (relating
to theft or bribery concerning programs
receiving Federal funds), section 793, 794, or
798 (relating to espionage), section 831
(relating to prohibited transactions involving
nuclear materials), section 844 (f) or (i)
(relating to destruction by explosives or fire
of Government property or property affecting
interstate or foreign commerce), section 875
(relating to interstate communications),
section 922(1) (relating to the unlawful
importation of firearms), section 924(n)
(relating to firearms trafficking), section 956
(relating to conspiracy to kill, kidnap, maim,
or injure certain property in a foreign
country), section 1005 (relating to fraudulent
bank entries), 1006(relating to fraudulent
Federal credit institution entries),
1007(relating to Federal Deposit Insurance
transactions), 1014(relating to fraudulent loan
or credit applications), section 1030 (relating
to computer fraud and abuse), 1032(relating to
concealment of assets from conservator,
receiver, or liquidating agent of financial
institution), section 1111 (relating to
murder), section 1114 (relating to murder of
United States law enforcement officials),
section 1116 (relating to murder of foreign
officials, official guests, or internationally
protected persons), section 1201 (relating to
kidnaping), section 1203 (relating to hostage
taking), section 1361 (relating to willful
injury of Government property), section 1363
(relating to destruction of property within the
special maritime and territorial jurisdiction),
section 1708 (theft from the mail), section
1751 (relating to Presidential assassination),
section 2113 or 2114 (relating to bank and
postal robbery and theft), section 2252A
(relating to child pornography) where the child
pornography contains a visual depiction of an
actual minor engaging in sexually explicit
conduct, section 2260 (production of certain
child pornography for importation into the
United States), section 2280 (relating to
violence against maritime navigation), section
2281 (relating to violence against maritime
fixed platforms), section 2319 (relating to
copyright infringement), section 2320 (relating
to trafficking in counterfeit goods and
services), section 2332 (relating to terrorist
acts abroad against United States nationals),
section 2332a (relating to use of weapons of
mass destruction), section 2332b (relating to
international terrorist acts transcending
national boundaries), section 2332g (relating
to missile systems designed to destroy
aircraft), section 2332h (relating to
radiological dispersal devices), section 2339A
or 2339B (relating to providing material
support to terrorists), section 2339C (relating
to financing of terrorism), or section 2339D
(relating to receiving military-type training
from a foreign terrorist organization) of this
title, section 46502 of title 49, United States
Code, a felony violation of the Chemical
Diversion and Trafficking Act of 1988 (relating
to precursor and essential chemicals), section
590 of the Tariff Act of 1930 (19 U.S.C. 1590)
(relating to aviation smuggling), section 422
of the Controlled Substances Act (relating to
transportation of drug paraphernalia), section
38(c) (relating to criminal violations) of the
Arms Export Control Act, section 11 (relating
to violations) of the Export Administration Act
of 1979, section 206 (relating to penalties) of
the International Emergency Economic Powers
Act, section 16 (relating to offenses and
punishment) of the Trading with the Enemy Act,
any felony violation of section 15 of the Food
and Nutrition Act of 2008 (relating to
supplemental nutrition assistance program
benefits fraud) involving a quantity of
benefits having a value of not less than
$5,000, any violation of section 543(a)(1) of
the Housing Act of 1949 (relating to equity
skimming), any felony violation of the Foreign
Agents Registration Act of 1938, any felony
violation of the Foreign Corrupt Practices Act,
or section 92 of the Atomic Energy Act of 1954
(42 U.S.C. 2122) (relating to prohibitions
governing atomic weapons)
(E) a felony violation of the Federal Water
Pollution Control Act (33 U.S.C. 1251 et seq.),
the Ocean Dumping Act (33 U.S.C. 1401 et seq.),
the Act to Prevent Pollution from Ships (33
U.S.C. 1901 et seq.), the Safe Drinking Water
Act (42 U.S.C. 300f et seq.), or the Resources
Conservation and Recovery Act (42 U.S.C. 6901
et seq.); or
(F) any act or activity constituting an
offense involving a Federal health care
offense; and
[(8) the term ``State'' includes a State of the
United States, the District of Columbia, and any
commonwealth, territory, or possession of the United
States; and]
(9) the term ``proceeds'' means any property derived
from or obtained or retained, directly or indirectly,
through some form of unlawful activity, including the
gross receipts of such activity.
(d) Nothing in this section shall supersede any provision of
Federal, State, or other law imposing criminal penalties or
affording civil remedies in addition to those provided for in
this section.
(e) Violations of this section may be investigated by such
components of the Department of Justice as the Attorney General
may direct, and by such components of the Department of the
Treasury as the Secretary of the Treasury may direct, as
appropriate, and, with respect to offenses over which the
Department of Homeland Security has jurisdiction, by such
components of the Department of Homeland Security as the
Secretary of Homeland Security may direct, and, with respect to
offenses over which the United States Postal Service has
jurisdiction, by the Postal Service. Such authority of the
Secretary of the Treasury, the Secretary of Homeland Security,
and the Postal Service shall be exercised in accordance with an
agreement which shall be entered into by the Secretary of the
Treasury, the Secretary of Homeland Security, the Postal
Service, and the Attorney General. Violations of this section
involving offenses described in paragraph (c)(7)(E) may be
investigated by such components of the Department of Justice as
the Attorney General may direct, and the National Enforcement
Investigations Center of the Environmental Protection Agency.
(f) There is extraterritorial jurisdiction over the conduct
prohibited by this section if--
(1) the conduct is by a United States citizen or, in
the case of a non-United States citizen, the conduct
occurs in part in the United States; and
(2) the transaction or series of related transactions
involves funds or monetary instruments of a value
exceeding $10,000.
(g) Notice of Conviction of Financial Institutions.--If any
financial institution or any officer, director, or employee of
any financial institution has been found guilty of an offense
under this section, section 1957 or 1960 of this title, or
section 5322 or 5324 of title 31, the Attorney General shall
provide written notice of such fact to the appropriate
regulatory agency for the financial institution.
(h) Any person who conspires to commit any offense defined in
this section or section 1957 shall be subject to the same
penalties as those prescribed for the offense the commission of
which was the object of the conspiracy.
(i) Venue.--(1) Except as provided in paragraph (2), a
prosecution for an offense under this section or section 1957
may be brought in--
(A) any district in which the financial or monetary
transaction is conducted; or
(B) any district where a prosecution for the
underlying specified unlawful activity could be
brought, if the defendant participated in the transfer
of the proceeds of the specified unlawful activity from
that district to the district where the financial or
monetary transaction is conducted.
(2) A prosecution for an attempt or conspiracy offense under
this section or section 1957 may be brought in the district
where venue would lie for the completed offense under paragraph
(1), or in any other district where an act in furtherance of
the attempt or conspiracy took place.
(3) For purposes of this section, a transfer of funds from 1
place to another, by wire or any other means, shall constitute
a single, continuing transaction. Any person who conducts (as
that term is defined in subsection (c)(2)) any portion of the
transaction may be charged in any district in which the
transaction takes place.
* * * * * * *
Sec. 1958. Use of interstate commerce facilities in the commission of
murder-for-hire
(a) Whoever travels in or causes another (including the
intended victim) to travel in interstate or foreign commerce,
or uses or causes another (including the intended victim) to
use the mail or any facility of interstate or foreign commerce,
with intent that a murder be committed in violation of the laws
of any State or the United States as consideration for the
receipt of, or as consideration for a promise or agreement to
pay, anything of pecuniary value, or who conspires to do so,
shall be fined under this title or imprisoned for not more than
ten years, or both; and if personal injury results, shall be
fined under this title or imprisoned for not more than twenty
years, or both; and if death results, shall be punished by
death or life imprisonment, or shall be fined not more than
$250,000, or both.
(b) As used in this section and section 1959--
(1) ``anything of pecuniary value'' means anything of
value in the form of money, a negotiable instrument, a
commercial interest, or anything else the primary
significance of which is economic advantage; and
(2) ``facility of interstate or foreign commerce''
includes means of transportation and communication[;
and].
[(3) ``State'' includes a State of the United States,
the District of Columbia, and any commonwealth,
territory, or possession of the United States.]
* * * * * * *
Sec. 1960. Prohibition of unlicensed money transmitting businesses
(a) Whoever knowingly conducts, controls, manages,
supervises, directs, or owns all or part of an unlicensed money
transmitting business, shall be fined in accordance with this
title or imprisoned not more than 5 years, or both.
(b) As used in this section--
(1) the term ``unlicensed money transmitting
business'' means a money transmitting business which
affects interstate or foreign commerce in any manner or
degree and--
(A) is operated without an appropriate money
transmitting license in a State where such
operation is punishable as a misdemeanor or a
felony under State law, whether or not the
defendant knew that the operation was required
to be licensed or that the operation was so
punishable;
(B) fails to comply with the money
transmitting business registration requirements
under section 5330 of title 31, United States
Code, or regulations prescribed under such
section; or
(C) otherwise involves the transportation or
transmission of funds that are known to the
defendant to have been derived from a criminal
offense or are intended to be used to promote
or support unlawful activity; and
(2) the term ``money transmitting'' includes
transferring funds on behalf of the public by any and
all means including but not limited to transfers within
this country or to locations abroad by wire, check,
draft, facsimile, or courier[; and].
[(3) the term ``State'' means any State of the United
States, the District of Columbia, the Northern Mariana
Islands, and any commonwealth, territory, or possession
of the United States.]
* * * * * * *
CHAPTER 97--RAILROAD CARRIERS AND MASS TRANSPORTATION SYSTEMS ON LAND,
ON WATER, OR THROUGH THE AIR
* * * * * * *
Sec. 1992. Terrorist attacks and other violence against railroad
carriers and against mass transportation systems on
land, on water, or through the air
(a) General Prohibitions.--Whoever, in a circumstance
described in subsection (c), knowingly and without lawful
authority or permission--
(1) wrecks, derails, sets fire to, or disables
railroad on-track equipment or a mass transportation
vehicle;
(2) places any biological agent or toxin, destructive
substance, or destructive device in, upon, or near
railroad on- track equipment or a mass transportation
vehicle with intent to endanger the safety of any
person, or with a reckless disregard for the safety of
human life;
(3) places or releases a hazardous material or a
biological agent or toxin on or near any property
described in subparagraph (A) or (B) of paragraph (4),
with intent to endanger the safety of any person, or
with reckless disregard for the safety of human life;
(4) sets fire to, undermines, makes unworkable,
unusable, or hazardous to work on or use, or places any
biological agent or toxin, destructive substance, or
destructive device in, upon, or near any--
(A) tunnel, bridge, viaduct, trestle, track,
electromagnetic guideway, signal, station,
depot, warehouse, terminal, or any other way,
structure, property, or appurtenance used in
the operation of, or in support of the
operation of, a railroad carrier, and with
intent to, or knowing or having reason to know,
such activity would likely, derail, disable, or
wreck railroad on-track equipment; or
(B) garage, terminal, structure, track,
electromagnetic guideway, supply, or facility
used in the operation of, or in support of the
operation of, a mass transportation vehicle,
and with intent to, or knowing or having reason
to know, such activity would likely, derail,
disable, or wreck a mass transportation vehicle
used, operated, or employed by a mass
transportation provider;
(5) removes an appurtenance from, damages, or
otherwise impairs the operation of a railroad signal
system or mass transportation signal or dispatching
system, including a train control system, centralized
dispatching system, or highway-railroad grade crossing
warning signal;
(6) with intent to endanger the safety of any person,
or with a reckless disregard for the safety of human
life, interferes with, disables, or incapacitates any
dispatcher, driver, captain, locomotive engineer,
railroad conductor, or other person while the person is
employed in dispatching, operating, controlling, or
maintaining railroad on-track equipment or a mass
transportation vehicle;
(7) commits an act, including the use of a dangerous
weapon, with the intent to cause death or serious
bodily injury to any person who is on property
described in subparagraph (A) or (B) of paragraph (4);
(8) surveils, photographs, videotapes, diagrams, or
otherwise collects information with the intent to plan
or assist in planning any of the acts described in
paragraphs (1) through (6);
(9) conveys false information, knowing the
information to be false, concerning an attempt or
alleged attempt to engage in a violation of this
subsection; or
(10) attempts, threatens, or conspires to engage in
any violation of any of paragraphs (1) through (9),
shall be fined under this title or imprisoned not more
than 20 years, or both, and if the offense results in
the death of any person,
shall be imprisoned for any term of years or for life, or
subject to death, except in the case of a violation of
paragraph (8), (9), or (10).
(b) Aggravated Offense.--Whoever commits an offense under
subsection (a) of this section in a circumstance in which--
(1) the railroad on-track equipment or mass
transportation vehicle was carrying a passenger or
employee at the time of the offense;
(2) the railroad on-track equipment or mass
transportation vehicle was carrying high-level
radioactive waste or spent nuclear fuel at the time of
the offense; or
(3) the offense was committed with the intent to
endanger the safety of any person, or with a reckless
disregard for the safety of any person, and the
railroad on-track equipment or mass transportation
vehicle was carrying a hazardous material at the time
of the offense that--
(A) was required to be placarded under
subpart F of part 172 of title 49, Code of
Federal Regulations; and
(B) is identified as class number 3, 4, 5,
6.1, or 8 and packing group I or packing group
II, or class number 1, 2, or 7 under the
hazardous materials table of section 172.101 of
title 49, Code of Federal Regulations,
shall be fined under this title or imprisoned for any term of
years or life, or both, and if the offense resulted in the
death of any person, the person may be sentenced to death.
(c) Circumstances Required for Offense.--A circumstance
referred to in subsection (a) is any of the following:
(1) Any of the conduct required for the offense is,
or, in the case of an attempt, threat, or conspiracy to
engage in conduct, the conduct required for the
completed offense would be, engaged in, on, against, or
affecting a mass transportation provider, or a railroad
carrier engaged in interstate or foreign commerce.
(2) Any person travels or communicates across a State
line in order to commit the offense, or transports
materials across a State line in aid of the commission
of the offense.
(d) Definitions.--In this section--
(1) the term ``biological agent'' has the meaning
given to that term in section 178(1);
(2) the term ``dangerous weapon'' means a weapon,
device, instrument, material, or substance, animate or
inanimate, that is used for, or is readily capable of,
causing death or serious bodily injury, including a
pocket knife with a blade of less than 2\1/2\ inches in
length and a box cutter;
(3) the term ``destructive device'' has the meaning
given to that term in section 921(a)(4);
(4) the term ``destructive substance'' means an
explosive substance, flammable material, infernal
machine, or other chemical, mechanical, or radioactive
device or material, or matter of a combustible,
contaminative, corrosive, or explosive nature, except
that the term ``radioactive device'' does not include
any radioactive device or material used solely for
medical, industrial, research, or other peaceful
purposes;
(5) the term ``hazardous material'' has the meaning
given to that term in chapter 51 of title 49;
(6) the term ``high-level radioactive waste'' has the
meaning given to that term in section 2(12) of the
Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101(12));
(7) the term ``mass transportation'' has the meaning
given to that term in section 5302(a)(7) of title 49,
except that the term includes intercity bus
transportation school bus, charter, and sightseeing
transportation and passenger vessel as that term is
defined in section 2101(22) of title 46, United States
Code;
(8) the term ``on-track equipment'' means a carriage
or other contrivance that runs on rails or
electromagnetic guideways;
(9) the term ``railroad on-track equipment'' means a
train, locomotive, tender, motor unit, freight or
passenger car, or other on-track equipment used,
operated, or employed by a railroad carrier;
(10) the term ``railroad'' has the meaning given to
that term in chapter 201 of title 49;
(11) the term ``railroad carrier'' has the meaning
given to that term in chapter 201 of title 49;
[(12) the term ``serious bodily injury'' has the
meaning given to that term in section 1365;]
(13) the term ``spent nuclear fuel'' has the meaning
given to that term in section 2(23) of the Nuclear
Waste Policy Act of 1982 (42 U.S.C. 10101(23));
[(14) the term ``State'' has the meaning given to
that term in section 2266;]
(15) the term ``toxin'' has the meaning given to that
term in section 178(2); and
(16) the term ``vehicle'' means any carriage or other
contrivance used, or capable of being used, as a means
of transportation on land, on water, or through the
air.
* * * * * * *
CHAPTER 107--SEAMEN AND STOWAWAYS
* * * * * * *
Sec. 2199. Stowaways on vessels or aircraft
Whoever, without the consent of the owner, charterer, master,
or person in command of any vessel, or aircraft, with intent to
obtain transportation, boards, enters or secretes himself
aboard such vessel or aircraft and is thereon at the time of
departure of said vessel or aircraft from a port, harbor,
wharf, airport or other place within the jurisdiction of the
United States; or
Whoever, with like intent, having boarded, entered or
secreted himself aboard a vessel or aircraft at any place
within or without the jurisdiction of the United States,
remains aboard after the vessel or aircraft has left such place
and is thereon at any place within the jurisdiction of the
United States; or
Whoever, with intent to obtain a ride or transportation,
boards or enters any aircraft owned or operated by the United
States without the consent of the person in command or other
duly authorized officer or agent--
(1) shall be fined under this title, imprisoned not
more than 5 years, or both;
(2) if the person commits an act proscribed by this
section, with the intent to commit serious bodily
injury, and serious bodily injury [occurs (as defined
under section 1365, including] any conduct that, if the
conduct occurred in the special maritime and
territorial jurisdiction of the United States, would
violate section 2241 or 2242) to any person other than
a participant as a result of a violation of this
section, shall be fined under this title or imprisoned
not more than 20 years, or both; and
(3) if an individual commits an act proscribed by
this section, with the intent to cause death, and if
the death of any person other than a participant occurs
as a result of a violation of this section, shall be
fined under this title, imprisoned for any number of
years or for life, or both.
The word ``aircraft'' as used in this section includes any
contrivance for navigation or flight in the air.
* * * * * * *
CHAPTER 103--ROBBERY AND BURGLARY
* * * * * * *
Sec. 2119. Motor vehicles
Whoever, with the intent to cause death or serious bodily
harm takes a motor vehicle that has been transported, shipped,
or received in interstate or foreign commerce from the person
or presence of another by force and violence or by
intimidation, or attempts to do so, shall--
(1) be fined under this title or imprisoned not more
than 15 years, or both,
(2) if serious bodily injury [(as defined in section
1365 of this title, including] or any conduct that, if
the conduct occurred in the special maritime and
territorial jurisdiction of the United States, would
violate section 2241 or 2242 of this title[)] results,
be fined under this title or imprisoned not more than
25 years, or both, and
(3) if death results, be fined under this title or
imprisoned for any number of years up to life, or both,
or sentenced to death.
* * * * * * *
CHAPTER 107--SEAMEN AND STOWAWAYS
* * * * * * *
Sec. 2199. Stowaways on vessels or aircraft
Whoever, without the consent of the owner, charterer, master,
or person in command of any vessel, or aircraft, with intent to
obtain transportation, boards, enters or secretes himself
aboard such vessel or aircraft and is thereon at the time of
departure of said vessel or aircraft from a port, harbor,
wharf, airport or other place within the jurisdiction of the
United States; or
Whoever, with like intent, having boarded, entered or
secreted himself aboard a vessel or aircraft at any place
within or without the jurisdiction of the United States,
remains aboard after the vessel or aircraft has left such place
and is thereon at any place within the jurisdiction of the
United States; or
Whoever, with intent to obtain a ride or transportation,
boards or enters any aircraft owned or operated by the United
States without the consent of the person in command or other
duly authorized officer or agent--
(1) shall be fined under this title, imprisoned not
more than 5 years, or both;
(2) if the person commits an act proscribed by this
section, with the intent to commit serious bodily
injury, and serious bodily injury [occurs (as defined
under section 1365, including] any conduct that, if the
conduct occurred in the special maritime and
territorial jurisdiction of the United States, would
violate section 2241 or 2242[)] occurs to any person
other than a participant as a result of a violation of
this section, shall be fined under this title or
imprisoned not more than 20 years, or both; and
(3) if an individual commits an act proscribed by
this section, with the intent to cause death, and if
the death of any person other than a participant occurs
as a result of a violation of this section, shall be
fined under this title, imprisoned for any number of
years or for life, or both.
The word ``aircraft'' as used in this section includes any
contrivance for navigation or flight in the air.
CHAPTER 109--SEARCHES AND SEIZURES
* * * * * * *
Sec. 2237. Criminal sanctions for failure to heave to, obstruction of
boarding, or providing false information
(a)(1) It shall be unlawful for the master, operator, or
person in charge of a vessel of the United States, or a vessel
subject to the jurisdiction of the United States, to knowingly
fail to obey an order by an authorized Federal law enforcement
officer to heave to that vessel.
(2) It shall be unlawful for any person on board a vessel of
the United States, or a vessel subject to the jurisdiction of
the United States, to--
(A) forcibly resist, oppose, prevent, impede,
intimidate, or interfere with a boarding or other law
enforcement action authorized by any Federal law or to
resist a lawful arrest; or
(B) provide materially false information to a Federal
law enforcement officer during a boarding of a vessel
regarding the vessel's destination, origin, ownership,
registration, nationality, cargo, or crew.
(b)(1) Except as otherwise provided in this subsection,
whoever knowingly violates subsection (a) shall be fined under
this title or imprisoned for not more than 5 years, or both.
(2)(A) If the offense is one under paragraph (1) or (2)(A) of
subsection (a) and has an aggravating factor set forth in
subparagraph (B) of this paragraph, the offender shall be fined
under this title or imprisoned for any term of years or life,
or both.
(B) The aggravating factor referred to in subparagraph (A) is
that the offense--
(i) results in death; or
(ii) involves--
(I) an attempt to kill;
(II) kidnapping or an attempt to kidnap; or
(III) an offense under section 2241.
(3) If the offense is one under paragraph (1) or (2)(A) of
subsection (a) and results in serious bodily injury [(as
defined in section 1365)], the offender shall be fined under
this title or imprisoned for not more than 15 years, or both.
(4) If the offense is one under paragraph (1) or (2)(A) of
subsection (a), involves knowing transportation under inhumane
conditions, and is committed in the course of a violation of
section 274 of the Immigration and Nationality Act, or chapter
77 or section 113 (other than under subsection (a)(4) or (a)(5)
of such section) or 117 of this title, the offender shall be
fined under this title or imprisoned for not more than 15
years, or both.
(c) This section does not limit the authority of a customs
officer under section 581 of the Tariff Act of 1930 (19 U.S.C.
1581), or any other provision of law enforced or administered
by the Secretary of the Treasury or the Secretary of Homeland
Security, or the authority of any Federal law enforcement
officer under any law of the United States, to order a vessel
to stop or heave to.
(d) A foreign nation may consent or waive objection to the
enforcement of United States law by the United States under
this section by radio, telephone, or similar oral or electronic
means. Consent or waiver may be proven by certification of the
Secretary of State or the designee of the Secretary of State.
(e) In this section--
(1) the term ``Federal law enforcement officer'' has
the meaning given the term in section 115(c);
(2) the term ``heave to'' means to cause a vessel to
slow, come to a stop, or adjust its course or speed to
account for the weather conditions and sea state to
facilitate a law enforcement boarding;
(3) the term ``vessel subject to the jurisdiction of
the United States'' has the meaning given the term in
section 70502 of title 46;
(4) the term ``vessel of the United States'' has the
meaning given the term in section 70502 of title 46;
and
(5) the term `transportation under inhumane
conditions' means--
(A) transportation--
(i) of one or more persons in an
engine compartment, storage
compartment, or other confined space;
(ii) at an excessive speed; or
(iii) of a number of persons in
excess of the rated capacity of the
vessel; or
(B) intentional grounding of a vessel in
which persons are being transported.
CHAPTER 109A--SEXUAL ABUSE
* * * * * * *
Sec. 2246. Definitions for chapter
As used in this chapter--
(1) the term ``prison'' means a correctional,
detention, or penal facility;
(2) the term ``sexual act'' means--
(A) contact between the penis and the vulva
or the penis and the anus, and for purposes of
this subparagraph contact involving the penis
occurs upon penetration, however slight;
(B) contact between the mouth and the penis,
the mouth and the vulva, or the mouth and the
anus;
(C) the penetration, however slight, of the
anal or genital opening of another by a hand or
finger or by any object, with an intent to
abuse, humiliate, harass, degrade, or arouse or
gratify the sexual desire of any person; or
(D) the intentional touching, not through the
clothing, of the genitalia of another person
who has not attained the age of 16 years with
an intent to abuse, humiliate, harass, degrade,
or arouse or gratify the sexual desire of any
person;
(3) the term ``sexual contact'' means the intentional
touching, either directly or through the clothing, of
the genitalia, anus, groin, breast, inner thigh, or
buttocks of any person with an intent to abuse,
humiliate, harass, degrade, or arouse or gratify the
sexual desire of any person;
(4) the term ``serious bodily injury'' means bodily
injury that involves a substantial risk of death,
unconsciousness, extreme physical pain, protracted and
obvious disfigurement, or protracted loss or impairment
of the function of a bodily member, organ, or mental
faculty; and
(5) the term ``official detention'' means--
(A) detention by a Federal officer or
employee, or under the direction of a Federal
officer or employee, following arrest for an
offense; following surrender in lieu of arrest
for an offense; following a charge or
conviction of an offense, or an allegation or
finding of juvenile delinquency; following
commitment as a material witness; following
civil commitment in lieu of criminal
proceedings or pending resumption of criminal
proceedings that are being held in abeyance, or
pending extradition, deportation, or exclusion;
or
(B) custody by a Federal officer or employee,
or under the direction of a Federal officer or
employee, for purposes incident to any
detention described in subparagraph (A) of this
paragraph, including transportation, medical
diagnosis or treatment, court appearance, work,
and recreation;
but does not include supervision or other control
(other than custody during specified hours or days)
after release on bail, probation, or parole, or after
release following a finding of juvenile delinquency[;
and].
[(6) the term ``State'' means a State of the United
States, the District of Columbia, and any commonwealth,
possession, or territory of the United States.]
* * * * * * *
CHAPTER 110A--DOMESTIC VIOLENCE AND STALKING
* * * * * * *
Sec. 2265A. Repeat offenders
(a) Maximum Term of Imprisonment.--The maximum term of
imprisonment for a violation of this chapter after a prior
domestic violence or stalking offense shall be twice the term
otherwise provided under this chapter.
(b) Definition.--For purposes of this section--
(1) the term ``prior domestic violence or stalking
offense'' means a conviction for an offense--
(A) under section 2261, 2261A, or 2262 of
this chapter; or
(B) under State or tribal law for an offense
consisting of conduct that would have been an
offense under a section referred to in
subparagraph (A) if the conduct had occurred
within the special maritime and territorial
jurisdiction of the United States, or in
interstate or foreign commerce[; and]
[(2) the term ``State'' means a State of the United
States, the District of Columbia, or any commonwealth,
territory, or possession of the United States.]
Sec. 2266. Definitions
In this chapter:
(1) Bodily injury.--The term ``bodily injury'' means
any act, except one done in self-defense, that results
in physical injury or sexual abuse.
(2) Course of conduct.--The term ``course of
conduct'' means a pattern of conduct composed of 2 or
more acts, evidencing a continuity of purpose.
(3) Enter or leave Indian country.--The term ``enter
or leave Indian country'' includes leaving the
jurisdiction of 1 tribal government and entering the
jurisdiction of another tribal government.
(4) Indian country.--The term ``Indian country'' has
the meaning stated in section 1151 of this title.
(5) Protection order.--The term ``protection order''
includes--
(A) any injunction, restraining order, or any
other order issued by a civil or criminal court
for the purpose of preventing violent or
threatening acts or harassment against, sexual
violence, or contact or communication with or
physical proximity to, another person,
including any temporary or final order issued
by a civil or criminal court whether obtained
by filing an independent action or as a
pendente lite order in another proceeding so
long as any civil or criminal order was issued
in response to a complaint, petition, or motion
filed by or on behalf of a person seeking
protection; and
(B) any support, child custody or visitation
provisions, orders, remedies or relief issued
as part of a protection order, restraining
order, or injunction pursuant to State, tribal,
territorial, or local law authorizing the
issuance of protection orders, restraining
orders, or injunctions for the protection of
victims of domestic violence, sexual assault,
dating violence, or stalking.
(6) Serious bodily injury.--The term ``serious bodily
injury'' has the meaning stated in section 2119(2).
(7) Spouse or intimate partner.--The term ``spouse or
intimate partner'' includes--
(A) for purposes of--
(i) sections other than 2261A--
(I) a spouse or former spouse
of the abuser, a person who
shares a child in common with
the abuser, and a person who
cohabits or has cohabited as a
spouse with the abuser; or
(II) a person who is or has
been in a social relationship
of a romantic or intimate
nature with the abuser, as
determined by the length of the
relationship, the type of
relationship, and the frequency
of interaction between the
persons involved in the
relationship; and
(ii) section 2261A--
(I) a spouse or former spouse
of the target of the stalking,
a person who shares a child in
common with the target of the
stalking, and a person who
cohabits or has cohabited as a
spouse with the target of the
stalking; or
(II) a person who is or has
been in a social relationship
of a romantic or intimate
nature with the target of the
stalking, as determined by the
length of the relationship, the
type of the relationship, and
the frequency of interaction
between the persons involved in
the relationship.
(B) any other person similarly situated to a
spouse who is protected by the domestic or
family violence laws of the State or tribal
jurisdiction in which the injury occurred or
where the victim resides.
[(8) State.--The term ``State'' includes a State of
the United States, the District of Columbia, and a
commonwealth, territory, or possession of the United
States.]
(9) Travel in interstate or foreign commerce.--The
term ``travel in interstate or foreign commerce'' does
not include travel from 1 State to another by an
individual who is a member of an Indian tribe and who
remains at all times in the territory of the Indian
tribe of which the individual is a member.
(10) Dating partner.--The term ``dating partner''
refers to a person who is or has been in a social
relationship of a romantic or intimate nature with the
abuser. The existence of such a relationship is based
on a consideration of--
(A) the length of the relationship; and
(B) the type of relationship; and
(C) the frequency of interaction between the
persons involved in the relationship.
* * * * * * *
CHAPTER 111--SHIPPING
* * * * * * *
Sec. 2281. Violence against maritime fixed platforms
(a) Offense.--
(1) In general.--A person who unlawfully and
intentionally--
(A) seizes or exercises control over a fixed
platform by force or threat thereof or any
other form of intimidation;
(B) performs an act of violence against a
person on board a fixed platform if that act is
likely to endanger its safety;
(C) destroys a fixed platform or causes
damage to it which is likely to endanger its
safety;
(D) places or causes to be placed on a fixed
platform, by any means whatsoever, a device or
substance which is likely to destroy that fixed
platform or likely to endanger its safety;
(E) injures or kills any person in connection
with the commission or the attempted commission
of any of the offenses set forth in
subparagraphs (A) through (D); or
(F) attempts or conspires to do anything
prohibited under subparagraphs (A) through (E),
shall be fined under this title, imprisoned not more
than 20 years, or both; and if death results to any
person from conduct prohibited by this paragraph, shall
be punished by death or imprisoned for any term of
years or for life.
(2) Threat to safety.--A person who threatens to do
anything prohibited under paragraph (1)(B) or (C), with
apparent determination and will to carry the threat
into execution, if the threatened act is likely to
endanger the safety of the fixed platform, shall be
fined under this title, imprisoned not more than 5
years, or both.
(b) Jurisdiction.--There is jurisdiction over the activity
prohibited in subsection (a) if--
(1) such activity is committed against or on board a
fixed platform--
(A) that is located on the continental shelf
of the United States;
(B) that is located on the continental shelf
of another country, by a national of the United
States or by a stateless person whose habitual
residence is in the United States; or
(C) in an attempt to compel the United States
to do or abstain from doing any act;
(2) during the commission of such activity against or
on board a fixed platform located on a continental
shelf, a national of the United States is seized,
threatened, injured or killed; or
(3) such activity is committed against or on board a
fixed platform located outside the United States and
beyond the continental shelf of the United States and
the offender is later found in the United States.
(c) Bar To Prosecution.--It is a bar to Federal prosecution
under subsection (a) for conduct that occurred within the
United States that the conduct involved was during or in
relation to a labor dispute, and such conduct is prohibited as
a felony under the law of the State in which it was committed.
For purposes of this section, the term ``labor dispute'' has
the meaning set forth in section 13(c) of the Norris-LaGuardia
Act, as amended (29 U.S.C. 113(c))[, and the term ``State''
means a State of the United States, the District of Columbia,
and any commonwealth, territory, or possession of the United
States.].
(d) Definitions.--In this section--
``continental shelf'' means the sea-bed and subsoil
of the submarine areas that extend beyond a country's
territorial sea to the limits provided by customary
international law as reflected in Article 76 of the
1982 Convention on the Law of the Sea.
``fixed platform'' means an artificial island,
installation or structure permanently attached to the
sea-bed for the purpose of exploration or exploitation
of resources or for other economic purposes.
(1) the activities of armed forces during an armed
conflict, as those terms are understood under the law
of war, which are governed by that law; or
(2) activities undertaken by military forces of a
state in the exercise of their official duties.
* * * * * * *
CHAPTER 111A--DESTRUCTION OF, OR INTERFERENCE WITH, VESSELS OR MARITIME
FACILITIES
* * * * * * *
Sec. 2291. Destruction of vessel or maritime facility
(a) Offense.--Whoever knowingly--
(1) sets fire to, damages, destroys, disables, or
wrecks any vessel;
(2) places or causes to be placed a destructive
device, as defined in section 921(a)(4), destructive
substance, as defined in section 31(a)(3), or an
explosive, as defined in section 844(j) in, upon, or
near, or otherwise makes or causes to be made
unworkable or unusable or hazardous to work or use, any
vessel, or any part or other materials used or intended
to be used in connection with the operation of a
vessel;
(3) sets fire to, damages, destroys, or disables or
places a destructive device or substance in, upon, or
near, any maritime facility, including any aid to
navigation, lock, canal, or vessel traffic service
facility or equipment;
(4) interferes by force or violence with the
operation of any maritime facility, including any aid
to navigation, lock, canal, or vessel traffic service
facility or equipment, if such action is likely to
endanger the safety of any vessel in navigation;
(5) sets fire to, damages, destroys, or disables or
places a destructive device or substance in, upon, or
near, any appliance, structure, property, machine, or
apparatus, or any facility or other material used, or
intended to be used, in connection with the operation,
maintenance, loading, unloading, or storage of any
vessel or any passenger or cargo carried or intended to
be carried on any vessel;
(6) performs an act of violence against or
incapacitates any individual on any vessel, if such act
of violence or incapacitation is likely to endanger the
safety of the vessel or those on board;
(7) performs an act of violence against a person that
causes or is likely to cause serious bodily injury[, as
defined in section 1365(h)(3)], in, upon, or near, any
appliance, structure, property, machine, or apparatus,
or any facility or other material used, or intended to
be used, in connection with the operation, maintenance,
loading, unloading, or storage of any vessel or any
passenger or cargo carried or intended to be carried on
any vessel;
(8) communicates information, knowing the information
to be false and under circumstances in which such
information may reasonably be believed, thereby
endangering the safety of any vessel in navigation; or
(9) attempts or conspires to do anything prohibited
under paragraphs (1) through (8),
shall be fined under this title or imprisoned not more than 20
years, or both.
(b) Limitation.--Subsection (a) shall not apply to any person
that is engaging in otherwise lawful activity, such as normal
repair and salvage activities, and the transportation of
hazardous materials regulated and allowed to be transported
under chapter 51 of title 49.
(c) Penalty.--Whoever is fined or imprisoned under subsection
(a) as a result of an act involving a vessel that, at the time
of the violation, carried high-level radioactive waste (as that
term is defined in section 2(12) of the Nuclear Waste Policy
Act of 1982 (42 U.S.C. 10101(12)) or spent nuclear fuel (as
that term is defined in section 2(23) of the Nuclear Waste
Policy Act of 1982 (42 U.S.C. 10101(23)), shall be fined under
this title, imprisoned for a term up to life, or both.
(d) Penalty When Death Results.--Whoever is convicted of any
crime prohibited by subsection (a) and intended to cause death
by the prohibited conduct, if the conduct resulted in the death
of any person, shall be subject also to the death penalty or to
a term of imprisonment for a period up to life.
(e) Threats.--Whoever knowingly and intentionally imparts or
conveys any threat to do an act which would violate this
chapter, with an apparent determination and will to carry the
threat into execution, shall be fined under this title or
imprisoned not more than 5 years, or both, and is liable for
all costs incurred as a result of such threat.
* * * * * * *
Sec. 2293. Bar to prosecution
(a) In General.--It is a bar to prosecution under this
chapter if--
(1) the conduct in question occurred within the
United States in relation to a labor dispute, and such
conduct is prohibited as a felony under the law of the
State in which it was committed; or
(2) such conduct is prohibited as a misdemeanor, and
not as a felony, under the law of the State in which it
was committed.
(b) Definitions.--In this section:
(1) Labor dispute.--The term ``labor dispute'' has
the same meaning given that term in section 13(c) of
the Act to amend the Judicial Code and to define and
limit the jurisdiction of courts sitting in equity, and
for other purposes (29 U.S.C. 113(c), commonly known as
the Norris-LaGuardia Act).
[(2) State.--The term ``State'' means a State of the
United States, the District of Columbia, and any
commonwealth, territory, or possession of the United
States.]
* * * * * * *
CHAPTER 113--STOLEN PROPERTY
* * * * * * *
Sec. 2313. Sale or receipt of stolen vehicles
[(a)] Whoever receives, possesses, conceals, stores, barters,
sells, or disposes of any motor vehicle, vessel, or aircraft,
which has crossed a State or United States boundary after being
stolen, knowing the same to have been stolen, shall be fined
under this title or imprisoned not more than 10 years, or both.
[(b) For purposes of this section, the term ``State''
includes a State of the United States, the District of
Columbia, and any commonwealth, territory, or possession of the
United States.]
* * * * * * *
Sec. 2315. Sale or receipt of stolen goods, securities, moneys, or
fraudulent State tax stamps
Whoever receives, possesses, conceals, stores, barters,
sells, or disposes of any goods, wares, or merchandise,
securities, or money of the value of $5,000 or more, or pledges
or accepts as security for a loan any goods, wares, or
merchandise, or securities, of the value of $500 or more, which
have crossed a State or United States boundary after being
stolen, unlawfully converted, or taken, knowing the same to
have been stolen, unlawfully converted, or taken; or
Whoever receives, possesses, conceals, stores, barters,
sells, or disposes of any falsely made, forged, altered, or
counterfeited securities or tax stamps, or pledges or accepts
as security for a loan any falsely made, forged, altered, or
counterfeited securities or tax stamps, moving as, or which are
a part of, or which constitute interstate or foreign commerce,
knowing the same to have been so falsely made, forged, altered,
or counterfeited; or
Whoever receives in interstate or foreign commerce, or
conceals, stores, barters, sells, or disposes of, any tool,
implement, or thing used or intended to be used in falsely
making, forging, altering, or counterfeiting any security or
tax stamp, or any part thereof, moving as, or which is a part
of, or which constitutes interstate or foreign commerce,
knowing that the same is fitted to be used, or has been used,
in falsely making, forging, altering, or counterfeiting any
security or tax stamp, or any part thereof; or
``Whoeverreceives, possesses, conceals, stores, barters,
sells, or disposes of any veterans'' memorial object which has
crossed a State or United States boundary after being stolen,
unlawfully converted, or taken, knowing the same to have been
stolen, unlawfully converted, or taken--'
Shall be fined under this title or imprisoned not more than
ten years, or both. If the offense involves a pre-retail
medical product (as defined in section 670) the punishment for
the offense shall be the same as the punishment for an offense
under section 670 unless the punishment under this section is
greater. If the offense involves the receipt, possession,
concealment, storage, barter, sale, or disposal of veterans'
memorial objects with a value, in the aggregate, of less than
$1,000, the defendant shall be fined under this title or
imprisoned not more than one year, or both.
[
[This section shall not apply to any falsely made, forged,
altered, counterfeited, or spurious representation of an
obligation or other security of the United States or of an
obligation, bond, certificate, security, treasury note, bill,
promise to pay, or bank note, issued by any foreign government.
This section also shall not apply to any falsely made, forged,
altered, counterfeited, or spurious representation of any bank
note or bill issued by a bank or corporation of any foreign
country which is intended by the laws or usage of such country
to circulate as money.]
For purposes of this section, the term ``State'' includes a
State of the United States, the District of Columbia, and any
commonwealth, territory, or possession of the United States.
For purposes of this section the term ``veterans' memorial
object'' means a grave marker, headstone, monument, or other
object, intended to permanently honor a veteran or mark a
veteran's grave, or any monument that signifies an event of
national military historical significance.
* * * * * * *
CHAPTER 113B--TERRORISM
* * * * * * *
Sec. 2332b. Acts of terrorism transcending national boundaries
(a) Prohibited Acts.--
(1) Offenses.--Whoever, involving conduct
transcending national boundaries and in a circumstance
described in subsection (b)--
(A) kills, kidnaps, maims, commits an assault
resulting in serious bodily injury, or assaults
with a dangerous weapon any person within the
United States; or
(B) creates a substantial risk of serious
bodily injury to any other person by destroying
or damaging any structure, conveyance, or other
real or personal property within the United
States or by attempting or conspiring to
destroy or damage any structure, conveyance, or
other real or personal property within the
United States;
in violation of the laws of any State, or the United
States, shall be punished as prescribed in subsection
(c).
(2) Treatment of threats, attempts and
conspiracies.--Whoever threatens to commit an offense
under paragraph (1), or attempts or conspires to do so,
shall be punished under subsection (c).
(b) Jurisdictional Bases.--
(1) Circumstances.--The circumstances referred to in
subsection (a) are--
(A) the mail or any facility of interstate or
foreign commerce is used in furtherance of the
offense;
(B) the offense obstructs, delays, or affects
interstate or foreign commerce, or would have
so obstructed, delayed, or affected interstate
or foreign commerce if the offense had been
consummated;
(C) the victim, or intended victim, is the
United States Government, a member of the
uniformed services, or any official, officer,
employee, or agent of the legislative,
executive, or judicial branches, or of any
department or agency, of the United States;
(D) the structure, conveyance, or other real
or personal property is, in whole or in part,
owned, possessed, or leased to the United
States, or any department or agency of the
United States;
(E) the offense is committed in the
territorial sea (including the airspace above
and the seabed and subsoil below, and
artificial islands and fixed structures erected
thereon) of the United States; or
(F) the offense is committed within the
special maritime and territorial jurisdiction
of the United States.
(2) Co-conspirators and accessories after the fact.--
Jurisdiction shall exist over all principals and co-
conspirators of an offense under this section, and
accessories after the fact to any offense under this
section, if at least one of the circumstances described
in subparagraphs (A) through (F) of paragraph (1) is
applicable to at least one offender.
(c) Penalties.--
(1) Penalties.--Whoever violates this section shall
be punished--
(A) for a killing, or if death results to any
person from any other conduct prohibited by
this section, by death, or by imprisonment for
any term of years or for life;
(B) for kidnapping, by imprisonment for any
term of years or for life;
(C) for maiming, by imprisonment for not more
than 35 years;
(D) for assault with a dangerous weapon or
assault resulting in serious bodily injury, by
imprisonment for not more than 30 years;
(E) for destroying or damaging any structure,
conveyance, or other real or personal property,
by imprisonment for not more than 25 years;
(F) for attempting or conspiring to commit an
offense, for any term of years up to the
maximum punishment that would have applied had
the offense been completed; and
(G) for threatening to commit an offense
under this section, by imprisonment for not
more than 10 years.
(2) Consecutive sentence.--Notwithstanding any other
provision of law, the court shall not place on
probation any person convicted of a violation of this
section; nor shall the term of imprisonment imposed
under this section run concurrently with any other term
of imprisonment.
(d) Proof Requirements.--The following shall apply to
prosecutions under this section:
(1) Knowledge.--The prosecution is not required to
prove knowledge by any defendant of a jurisdictional
base alleged in the indictment.
(2) State law.--In a prosecution under this section
that is based upon the adoption of State law, only the
elements of the offense under State law, and not any
provisions pertaining to criminal procedure or
evidence, are adopted.
(e) Extraterritorial Jurisdiction.--There is extraterritorial
Federal jurisdiction--
(1) over any offense under subsection (a), including
any threat, attempt, or conspiracy to commit such
offense; and
(2) over conduct which, under section 3, renders any
person an accessory after the fact to an offense under
subsection (a).
(f) Investigative Authority.--In addition to any other
investigative authority with respect to violations of this
title, the Attorney General shall have primary investigative
responsibility for all Federal crimes of terrorism, and any
violation of section 351(e), 844(e), 844(f)(1), 956(b), 1361,
1366(b), 1366(c), 1751(e), 2152, or 2156 of this title, and the
Secretary of the Treasury shall assist the Attorney General at
the request of the Attorney General. Nothing in this section
shall be construed to interfere with the authority of the
United States Secret Service under section 3056.
(g) Definitions.--As used in this section--
(1) the term ``conduct transcending national
boundaries'' means conduct occurring outside of the
United States in addition to the conduct occurring in
the United States;
(2) the term ``facility of interstate or foreign
commerce'' has the meaning given that term in section
1958(b)(2);
[(3) the term ``serious bodily injury'' has the
meaning given that term in section 1365(g)(3); ]
(4) the term ``territorial sea of the United States''
means all waters extending seaward to 12 nautical miles
from the baselines of the United States, determined in
accordance with international law; and
(5) the term ``Federal crime of terrorism'' means an
offense that--
(A) is calculated to influence or affect the
conduct of government by intimidation or
coercion, or to retaliate against government
conduct; and
(B) is a violation of--
(i) section 32 (relating to
destruction of aircraft or aircraft
facilities), 37 (relating to violence
at international airports), 81
(relating to arson within special
maritime and territorial jurisdiction),
175 or 175b (relating to biological
weapons), 175c (relating to variola
virus), 229 (relating to chemical
weapons), subsection (a), (b), (c), or
(d) of section 351 (relating to
congressional, cabinet, and Supreme
Court assassination and kidnaping), 831
(relating to nuclear materials), 832
(relating to participation in nuclear
and weapons of mass destruction threats
to the United States) 842(m) or (n)
(relating to plastic explosives),
844(f)(2) or (3) (relating to arson and
bombing of Government property risking
or causing death), 844(i) (relating to
arson and bombing of property used in
interstate commerce), 930(c) (relating
to killing or attempted killing during
an attack on a Federal facility with a
dangerous weapon), 956(a)(1) (relating
to conspiracy to murder, kidnap, or
maim persons abroad), 1030(a)(1)
(relating to protection of computers),
1030(a)(5)(A) resulting in damage as
defined in 1030(c)(4)(A)(i)(II) through
(VI) (relating to protection of
computers), 1114 (relating to killing
or attempted killing of officers and
employees of the United States), 1116
(relating to murder or manslaughter of
foreign officials, official guests, or
internationally protected persons),
1203 (relating to hostage taking), 1361
(relating to government property or
contracts), 1362 (relating to
destruction of communication lines,
stations, or systems), 1363 (relating
to injury to buildings or property
within special maritime and territorial
jurisdiction of the United States),
1366(a) (relating to destruction of an
energy facility), 1751(a), (b), (c), or
(d) (relating to Presidential and
Presidential staff assassination and
kidnaping), 1992 (relating to terrorist
attacks and other acts of violence
against railroad carriers and against
mass transportation systems on land, on
water, or through the air), 2155
(relating to destruction of national
defense materials, premises, or
utilities), 2156 (relating to national
defense material, premises, or
utilities), 2280 (relating to violence
against maritime navigation), 2280a
(relating to maritime safety), 2281
through 2281a (relating to violence
against maritime fixed platforms), 2332
(relating to certain homicides and
other violence against United States
nationals occurring outside of the
United States), 2332a (relating to use
of weapons of mass destruction), 2332b
(relating to acts of terrorism
transcending national boundaries),
2332f (relating to bombing of public
places and facilities), 2332g (relating
to missile systems designed to destroy
aircraft), 2332h (relating to
radiological dispersal devices), 2332i
(relating to acts of nuclear
terrorism), 2339 (relating to harboring
terrorists), 2339A (relating to
providing material support to
terrorists), 2339B (relating to
providing material support to terrorist
organizations), 2339C (relating to
financing of terrorism), 2339D
(relating to military-type training
from a foreign terrorist organization),
or 2340A (relating to torture) of this
title;
(ii) sections 92 (relating to
prohibitions governing atomic weapons)
or 236 (relating to sabotage of nuclear
facilities or fuel) of the Atomic
Energy Act of 1954 (42 U.S.C. 2122 or
2284);
(iii) section 46502 (relating to
aircraft piracy), the second sentence
of section 46504 (relating to assault
on a flight crew with a dangerous
weapon), section 46505(b)(3) or (c)
(relating to explosive or incendiary
devices, or endangerment of human life
by means of weapons, on aircraft),
section 46506 if homicide or attempted
homicide is involved (relating to
application of certain criminal laws to
acts on aircraft), or section 60123(b)
(relating to destruction of interstate
gas or hazardous liquid pipeline
facility) of title 49; or
(iv) section 1010A of the Controlled
Substances Import and Export Act
(relating to narco-terrorism).
* * * * * * *
Sec. 2332f. Bombings of places of public use, government facilities,
public transportation systems and infrastructure
facilities
(a) Offenses.--
(1) In general.--Whoever unlawfully delivers, places,
discharges, or detonates an explosive or other lethal
device in, into, or against a place of public use, a
state or government facility, a public transportation
system, or an infrastructure facility--
(A) with the intent to cause death or serious
bodily injury, or
(B) with the intent to cause extensive
destruction of such a place, facility, or
system, where such destruction results in or is
likely to result in major economic loss,
shall be punished as prescribed in subsection (c).
(2) Attempts and conspiracies.--Whoever attempts or
conspires to commit an offense under paragraph (1)
shall be punished as prescribed in subsection (c).
(b) Jurisdiction.--There is jurisdiction over the offenses in
subsection (a) if--
(1) the offense takes place in the United States
and--
(A) the offense is committed against another
state or a government facility of such state,
including its embassy or other diplomatic or
consular premises of that state;
(B) the offense is committed in an attempt to
compel another state or the United States to do
or abstain from doing any act;
(C) at the time the offense is committed, it
is committed--
(i) on board a vessel flying the flag
of another state;
(ii) on board an aircraft which is
registered under the laws of another
state; or
(iii) on board an aircraft which is
operated by the government of another
state;
(D) a perpetrator is found outside the United
States;
(E) a perpetrator is a national of another
state or a stateless person; or
(F) a victim is a national of another state
or a stateless person;
(2) the offense takes place outside the United States
and--
(A) a perpetrator is a national of the United
States or is a stateless person whose habitual
residence is in the United States;
(B) a victim is a national of the United
States;
(C) a perpetrator is found in the United
States;
(D) the offense is committed in an attempt to
compel the United States to do or abstain from
doing any act;
(E) the offense is committed against a state
or government facility of the United States,
including an embassy or other diplomatic or
consular premises of the United States;
(F) the offense is committed on board a
vessel flying the flag of the United States or
an aircraft which is registered under the laws
of the United States at the time the offense is
committed; or
(G) the offense is committed on board an
aircraft which is operated by the United
States.
(c) Penalties.--Whoever violates this section shall be
punished as provided under section 2332a(a) of this title.
(d) Exemptions to Jurisdiction.--This section does not apply
to--
(1) the activities of armed forces during an armed
conflict, as those terms are understood under the law
of war, which are governed by that law,
(2) activities undertaken by military forces of a
state in the exercise of their official duties; or
(3) offenses committed within the United States,
where the alleged offender and the victims are United
States citizens and the alleged offender is found in
the United States, or where jurisdiction is predicated
solely on the nationality of the victims or the alleged
offender and the offense has no substantial effect on
interstate or foreign commerce.
(e) Definitions.--As used in this section, the term--
[(1) ``serious bodily injury'' has the meaning given
that term in section 1365(g)(3) of this title; ]
(2) ``national of the United States'' has the meaning
given that term in section 101(a)(22) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(22));
(3) ``state or government facility'' includes any
permanent or temporary facility or conveyance that is
used or occupied by representatives of a state, members
of Government, the legislature or the judiciary or by
officials or employees of a state or any other public
authority or entity or by employees or officials of an
intergovernmental organization in connection with their
official duties;
(4) ``intergovernmental organization'' includes
international organization (as defined in section
1116(b)(5) of this title);
(5) ``infrastructure facility'' means any publicly or
privately owned facility providing or distributing
services for the benefit of the public, such as water,
sewage, energy, fuel, or communications;
(6) ``place of public use'' means those parts of any
building, land, street, waterway, or other location
that are accessible or open to members of the public,
whether continuously, periodically, or occasionally,
and encompasses any commercial, business, cultural,
historical, educational, religious, governmental,
entertainment, recreational, or similar place that is
so accessible or open to the public;
(7) ``public transportation system'' means all
facilities, conveyances, and instrumentalities, whether
publicly or privately owned, that are used in or for
publicly available services for the transportation of
persons or cargo;
(8) ``explosive'' has the meaning given in section
844(j) of this title insofar that it is designed, or
has the capability, to cause death, serious bodily
injury, or substantial material damage;
(9) ``other lethal device'' means any weapon or
device that is designed or has the capability to cause
death, serious bodily injury, or substantial damage to
property through the release, dissemination, or impact
of toxic chemicals, biological agents, or toxins (as
those terms are defined in section 178 of this title)
or radiation or radioactive material;
(10) ``military forces of a state'' means the armed
forces of a state which are organized, trained, and
equipped under its internal law for the primary purpose
of national defense or security, and persons acting in
support of those armed forces who are under their
formal command, control, and responsibility;
(11) ``armed conflict'' does not include internal
disturbances and tensions, such as riots, isolated and
sporadic acts of violence, and other acts of a similar
nature; and
(12) ``state'' has the same meaning as that term has
under international law, and includes all political
subdivisions thereof.
* * * * * * *
Sec. 2339C. Prohibitions against the financing of terrorism
(a) Offenses.--
(1) In general.--Whoever, in a circumstance described
in subsection (b), by any means, directly or
indirectly, unlawfully and willfully provides or
collects funds with the intention that such funds be
used, or with the knowledge that such funds are to be
used, in full or in part, in order to carry out--
(A) an act which constitutes an offense
within the scope of a treaty specified in
subsection (e)(7), as implemented by the United
States, or
(B) any other act intended to cause death or
serious bodily injury to a civilian, or to any
other person not taking an active part in the
hostilities in a situation of armed conflict,
when the purpose of such act, by its nature or
context, is to intimidate a population, or to
compel a government or an international
organization to do or to abstain from doing any
act,
shall be punished as prescribed in subsection (d)(1).
(2) Attempts and conspiracies.--Whoever attempts or
conspires to commit an offense under paragraph (1)
shall be punished as prescribed in subsection (d)(1).
(3) Relationship to predicate act.--For an act to
constitute an offense set forth in this subsection, it
shall not be necessary that the funds were actually
used to carry out a predicate act.
(b) Jurisdiction.--There is jurisdiction over the offenses in
subsection (a) in the following circumstances--
(1) the offense takes place in the United States
and--
(A) a perpetrator was a national of another
state or a stateless person;
(B) on board a vessel flying the flag of
another state or an aircraft which is
registered under the laws of another state at
the time the offense is committed;
(C) on board an aircraft which is operated by
the government of another state;
(D) a perpetrator is found outside the United
States;
(E) was directed toward or resulted in the
carrying out of a predicate act against--
(i) a national of another state; or
(ii) another state or a government
facility of such state, including its
embassy or other diplomatic or consular
premises of that state;
(F) was directed toward or resulted in the
carrying out of a predicate act committed in an
attempt to compel another state or
international organization to do or abstain
from doing any act; or
(G) was directed toward or resulted in the
carrying out of a predicate act--
(i) outside the United States; or
(ii) within the United States, and
either the offense or the predicate act
was conducted in, or the results
thereof affected, interstate or foreign
commerce;
(2) the offense takes place outside the United States
and--
(A) a perpetrator is a national of the United
States or is a stateless person whose habitual
residence is in the United States;
(B) a perpetrator is found in the United
States; or
(C) was directed toward or resulted in the
carrying out of a predicate act against--
(i) any property that is owned,
leased, or used by the United States or
by any department or agency of the
United States, including an embassy or
other diplomatic or consular premises
of the United States;
(ii) any person or property within
the United States;
(iii) any national of the United
States or the property of such
national; or
(iv) any property of any legal entity
organized under the laws of the United
States, including any of its States,
districts, commonwealths, territories,
or possessions;
(3) the offense is committed on board a vessel flying
the flag of the United States or an aircraft which is
registered under the laws of the United States at the
time the offense is committed;
(4) the offense is committed on board an aircraft
which is operated by the United States; or
(5) the offense was directed toward or resulted in
the carrying out of a predicate act committed in an
attempt to compel the United States to do or abstain
from doing any act.
(c) Concealment.--Whoever--
(1)(A) is in the United States; or
(B) is outside the United States and is a national of
the United States or a legal entity organized under the
laws of the United States (including any of its States,
districts, commonwealths, territories, or possessions);
and
(2) knowingly conceals or disguises the nature,
location, source, ownership, or control of any material
support or resources, or any funds or proceeds of such
funds--
(A) knowing or intending that the support or
resources are to be provided, or knowing that
the support or resources were provided, in
violation of section 2339B of this title; or
(B) knowing or intending that any such funds
are to be provided or collected, or knowing
that the funds were provided or collected, in
violation of subsection (a),
shall be punished as prescribed in subsection (d)(2).
(d) Penalties.--
(1) Subsection (a).--Whoever violates subsection (a)
shall be fined under this title, imprisoned for not
more than 20 years, or both.
(2) Subsection (c).--Whoever violates subsection (c)
shall be fined under this title, imprisoned for not
more than 10 years, or both.
(e) Definitions.--In this section--
(1) the term ``funds'' means assets of every kind,
whether tangible or intangible, movable or immovable,
however acquired, and legal documents or instruments in
any form, including electronic or digital, evidencing
title to, or interest in, such assets, including coin,
currency, bank credits, travelers checks, bank checks,
money orders, shares, securities, bonds, drafts, and
letters of credit;
(2) the term ``government facility'' means any
permanent or temporary facility or conveyance that is
used or occupied by representatives of a state, members
of a government, the legislature, or the judiciary, or
by officials or employees of a state or any other
public authority or entity or by employees or officials
of an intergovernmental organization in connection with
their official duties;
(3) the term ``proceeds'' means any funds derived
from or obtained, directly or indirectly, through the
commission of an offense set forth in subsection (a);
(4) the term ``provides'' includes giving, donating,
and transmitting;
(5) the term ``collects'' includes raising and
receiving;
(6) the term ``predicate act'' means any act referred
to in subparagraph (A) or (B) of subsection (a)(1);
(7) the term ``treaty'' means--
(A) the Convention for the Suppression of
Unlawful Seizure of Aircraft, done at The Hague
on December 16, 1970;
(B) the Convention for the Suppression of
Unlawful Acts against the Safety of Civil
Aviation, done at Montreal on September 23,
1971;
(C) the Convention on the Prevention and
Punishment of Crimes against Internationally
Protected Persons, including Diplomatic Agents,
adopted by the General Assembly of the United
Nations on December 14, 1973;
(D) the International Convention against the
Taking of Hostages, adopted by the General
Assembly of the United Nations on December 17,
1979;
(E) the Convention on the Physical Protection
of Nuclear Material, adopted at Vienna on March
3, 1980;
(F) the Protocol for the Suppression of
Unlawful Acts of Violence at Airports Serving
International Civil Aviation, supplementary to
the Convention for the Suppression of Unlawful
Acts against the Safety of Civil Aviation, done
at Montreal on February 24, 1988;
(G) the Convention for the Suppression of
Unlawful Acts against the Safety of Maritime
Navigation, done at Rome on March 10, 1988;
(H) the Protocol for the Suppression of
Unlawful Acts against the Safety of Fixed
Platforms located on the Continental Shelf,
done at Rome on March 10, 1988; or
(I) the International Convention for the
Suppression of Terrorist Bombings, adopted by
the General Assembly of the United Nations on
December 15, 1997;
(8) the term ``intergovernmental organization''
includes international organizations;
(9) the term ``international organization'' has the
same meaning as in section 1116(b)(5) of this title;
(10) the term ``armed conflict'' does not include
internal disturbances and tensions, such as riots,
isolated and sporadic acts of violence, and other acts
of a similar nature;
[(11) the term ``serious bodily injury'' has the same
meaning as in section 1365(g)(3) of this title; ]
(12) the term ``national of the United States'' has
the meaning given that term in section 101(a)(22) of
the Immigration and Nationality Act (8 U.S.C.
1101(a)(22));
(13) the term ``material support or resources'' has
the same meaning given that term in section 2339B(g)(4)
of this title; and
(14) the term ``state'' has the same meaning as that
term has under international law, and includes all
political subdivisions thereof.
(f) Civil Penalty.--In addition to any other criminal, civil,
or administrative liability or penalty, any legal entity
located within the United States or organized under the laws of
the United States, including any of the laws of its States,
districts, commonwealths, territories, or possessions, shall be
liable to the United States for the sum of at least $10,000, if
a person responsible for the management or control of that
legal entity has, in that capacity, committed an offense set
forth in subsection (a).
Sec. 2339D. Receiving military-type training from a foreign terrorist
organization
(a) Offense.--Whoever knowingly receives military-type
training from or on behalf of any organization designated at
the time of the training by the Secretary of State under
section 219(a)(1) of the Immigration and Nationality Act as a
foreign terrorist organization shall be fined under this title
or imprisoned for ten years, or both. To violate this
subsection, a person must have knowledge that the organization
is a designated terrorist organization (as defined in
subsection (c)(4)), that the organization has engaged or
engages in terrorist activity (as defined in section 212 of the
Immigration and Nationality Act), or that the organization has
engaged or engages in terrorism (as defined in section
140(d)(2) of the Foreign Relations Authorization Act, Fiscal
Years 1988 and 1989).
(b) Extraterritorial Jurisdiction.--There is extraterritorial
Federal jurisdiction over an offense under this section. There
is jurisdiction over an offense under subsection (a) if--
(1) an offender is a national of the United States
(as defined in 101(a)(22) of the Immigration and
Nationality Act) or an alien lawfully admitted for
permanent residence in the United States (as defined in
section 101(a)(20) of the Immigration and Nationality
Act);
(2) an offender is a stateless person whose habitual
residence is in the United States;
(3) after the conduct required for the offense occurs
an offender is brought into or found in the United
States, even if the conduct required for the offense
occurs outside the United States;
(4) the offense occurs in whole or in part within the
United States;
(5) the offense occurs in or affects interstate or
foreign commerce; or
(6) an offender aids or abets any person over whom
jurisdiction exists under this paragraph in committing
an offense under subsection (a) or conspires with any
person over whom jurisdiction exists under this
paragraph to commit an offense under subsection (a).
(c) Definitions.--As used in this section--
(1) the term ``military-type training'' includes
training in means or methods that can cause death or
serious bodily injury, destroy or damage property, or
disrupt services to critical infrastructure, or
training on the use, storage, production, or assembly
of any explosive, firearm or other weapon, including
any weapon of mass destruction (as defined in section
2232a(c)(2));
[(2) the term ``serious bodily injury'' has the
meaning given that term in section 1365(h)(3);]
(3) the term ``critical infrastructure'' means
systems and assets vital to national defense, national
security, economic security, public health or safety
including both regional and national infrastructure.
Critical infrastructure may be publicly or privately
owned; examples of critical infrastructure include gas
and oil production, storage, or delivery systems, water
supply systems, telecommunications networks, electrical
power generation or delivery systems, financing and
banking systems, emergency services (including medical,
police, fire, and rescue services), and transportation
systems and services (including highways, mass transit,
airlines, and airports); and
(4) the term ``foreign terrorist organization'' means
an organization designated as a terrorist organization
under section 219(a)(1) of the Immigration and
Nationality Act.
* * * * * * *
CHAPTER 114--TRAFFICKING IN CONTRABAND CIGARETTES AND SMOKELESS TOBACCO
Sec. 2341. Definitions
As used in this chapter--
(1) the term ``cigarette'' means--
(A) any roll of tobacco wrapped in paper or
in any substance not containing tobacco; and
(B) any roll of tobacco wrapped in any
substance containing tobacco which, because of
its appearance, the type of tobacco used in the
filler, or its packaging and labeling, is
likely to be offered to, or purchased by,
consumers as a cigarette described in
subparagraph (A);
(2) the term ``contraband cigarettes'' means a
quantity in excess of 10,000 cigarettes, which bear no
evidence of the payment of applicable State or local
cigarette taxes in the State or locality where such
cigarettes are found, if the State or local government
requires a stamp, impression, or other indication to be
placed on packages or other containers of cigarettes to
evidence payment of cigarette taxes, and which are in
the possession of any person other than--
(A) a person holding a permit issued pursuant
to chapter 52 of the Internal Revenue Code of
1986 as a manufacturer of tobacco products or
as an export warehouse proprietor, or a person
operating a customs bonded warehouse pursuant
to section 311 or 555 of the Tariff Act of 1930
(19 U.S.C. 1311 or 1555) or an agent of such
person;
(B) a common or contract carrier transporting
the cigarettes involved under a proper bill of
lading or freight bill which states the
quantity, source, and destination of such
cigarettes;
(C) a person--
(i) who is licensed or otherwise
authorized by the State where the
cigarettes are found to account for and
pay cigarette taxes imposed by such
State; and
(ii) who has complied with the
accounting and payment requirements
relating to such license or
authorization with respect to the
cigarettes involved; or
(D) an officer, employee, or other agent of
the United States or a State, or any
department, agency, or instrumentality of the
United States or a State (including any
political subdivision of a State) having
possession of such cigarettes in connection
with the performance of official duties;
(3) the term ``common or contract carrier'' means a
carrier holding a certificate of convenience and
necessity, a permit for contract carrier by motor
vehicle, or other valid operating authority under
subtitle IV of title 49, or under equivalent operating
authority from a regulatory agency of the United States
or of any State;
[(4) the term ``State'' means a State of the United
States, the District of Columbia, the Commonwealth of
Puerto Rico, or the Virgin Islands;]
(5) the term ``Attorney General'' means the Attorney
General of the United States;
(6) the term ``smokeless tobacco'' means any finely
cut, ground, powdered, or leaf tobacco that is intended
to be placed in the oral or nasal cavity or otherwise
consumed without being combusted;
(7) the term ``contraband smokeless tobacco'' means a
quantity in excess of 500 single-unit consumer-sized
cans or packages of smokeless tobacco, or their
equivalent, that are in the possession of any person
other than--
(A) a person holding a permit issued pursuant
to chapter 52 of the Internal Revenue Code of
1986 as manufacturer of tobacco products or as
an export warehouse proprietor, a person
operating a customs bonded warehouse pursuant
to section 311 or 555 of the Tariff Act of 1930
(19 U.S.C. 1311, 1555), or an agent of such
person;
(B) a common carrier transporting such
smokeless tobacco under a proper bill of lading
or freight bill which states the quantity,
source, and designation of such smokeless
tobacco;
(C) a person who--
(i) is licensed or otherwise
authorized by the State where such
smokeless tobacco is found to engage in
the business of selling or distributing
tobacco products; and
(ii) has complied with the
accounting, tax, and payment
requirements relating to such license
or authorization with respect to such
smokeless tobacco; or
(D) an officer, employee, or agent of the
United States or a State, or any department,
agency, or instrumentality of the United States
or a State (including any political subdivision
of a State), having possession of such
smokeless tobacco in connection with the
performance of official duties;
* * * * * * *
CHAPTER 115--TREASON, SEDITION, AND SUBVERSIVE ACTIVITIES
* * * * * * *
Sec. 2384. Seditious conspiracy
If two or more persons in any State [or Territory], or in any
place subject to the jurisdiction of the United States,
conspire to overthrow, put down, or to destroy by force the
Government of the United States, or to levy war against them,
or to oppose by force the authority thereof, or by force to
prevent, hinder, or delay the execution of any law of the
United States, or by force to seize, take, or possess any
property of the United States contrary to the authority
thereof, they shall each be fined under this title or
imprisoned not more than twenty years, or both.
Sec. 2385. Advocating overthrow of Government
Whoever knowingly or willfully advocates, abets, advises, or
teaches the duty, necessity, desirability, or propriety of
overthrowing or destroying the government of the United States
or the government of any State[, Territory, District or
Possession thereof,] or the government of any political
subdivision therein, by force or violence, or by the
assassination of any officer of any such government; or
Whoever, with intent to cause the overthrow or destruction of
any such government, prints, publishes, edits, issues,
circulates, sells, distributes, or publicly displays any
written or printed matter advocating, advising, or teaching the
duty, necessity, desirability, or propriety of overthrowing or
destroying any government in the United States by force or
violence, or attempts to do so; or
Whoever organizes or helps or attempts to organize any
society, group, or assembly of persons who teach, advocate, or
encourage the overthrow or destruction of any such government
by force or violence; or becomes or is a member of, or
affiliates with, any such society, group, or assembly of
persons, knowing the purposes thereof--
Shall be fined under this title or imprisoned not more than
twenty years, or both, and shall be ineligible for employment
by the United States or any department or agency thereof, for
the five years next following his conviction.
If two or more persons conspire to commit any offense named
in this section, each shall be fined under this title or
imprisoned not more than twenty years, or both, and shall be
ineligible for employment by the United States or any
department or agency thereof, for the five years next following
his conviction.
As used in this section, the terms ``organizes'' and
``organize'', with respect to any society, group, or assembly
of persons, include the recruiting of new members, the forming
of new units, and the regrouping or expansion of existing
clubs, classes, and other units of such society, group, or
assembly of persons.
Sec. 2386. Registration of certain organizations
(A) For the purposes of this section:
``Attorney General'' means the Attorney General of
the United States;
``Organization'' means any group, club, league,
society, committee, association, political party, or
combination of individuals, whether incorporated or
otherwise, but such term shall not include any
corporation, association, community chest, fund, or
foundation, organized and operated exclusively for
religious, charitable, scientific, literary, or
educational purposes;
``Political activity'' means any activity the purpose
or aim of which, or one of the purposes or aims of
which, is the control by force or overthrow of the
Government of the United States or a political
subdivision thereof, or any State or political
subdivision thereof;
An organization is engaged in ``civilian military
activity'' if:
(1) it gives instruction to, or prescribes
instruction for, its members in the use of firearms or
other weapons or any substitute therefor, or military
or naval science; or
(2) it receives from any other organization or from
any individual instruction in military or naval
science; or
(3) it engages in any military or naval maneuvers or
activities; or
(4) it engages, either with or without arms, in
drills or parades of a military or naval character; or
(5) it engages in any other form of organized
activity which in the opinion of the Attorney General
constitutes preparation for military action;
An organization is ``subject to foreign control'' if:
(a) it solicits or accepts financial contributions,
loans, or support of any kind, directly or indirectly,
from, or is affiliated directly or indirectly with, a
foreign government or a political subdivision thereof,
or an agent, agency, or instrumentality of a foreign
government or political subdivision thereof, or a
political party in a foreign country, or an
international political organization; or
(b) its policies, or any of them, are determined by
or at the suggestion of, or in collaboration with, a
foreign government or political subdivision thereof, or
an agent, agency, or instrumentality of a foreign
government or a political subdivision thereof, or a
political party in a foreign country, or an
international political organization.
(B)(1) The following organizations shall be required to
register with the Attorney General:
Every organization subject to foreign control which engages
in political activity;
Every organization which engages both in civilian military
activity and in political activity;
Every organization subject to foreign control which engages
in civilian military activity; and
Every organization, the purpose or aim of which, or one of
the purposes or aims of which, is the establishment, control,
conduct, seizure, or overthrow of a government or subdivision
thereof by the use of force, violence, military measures, or
threats of any one or more of the foregoing.
Every such organization shall register by filing with the
Attorney General, on such forms and in such detail as the
Attorney General may by rules and regulations prescribe, a
registration statement containing the information and documents
prescribed in subsection (B)(3) and shall within thirty days
after the expiration of each period of six months succeeding
the filing of such registration statement, file with the
Attorney General, on such forms and in such detail as the
Attorney General may by rules and regulations prescribe, a
supplemental statement containing such information and
documents as may be necessary to make the information and
documents previously filed under this section accurate and
current with respect to such preceding six months' period.
Every statement required to be filed by this section shall be
subscribed, under oath, by all of the officers of the
organization.
(2) This section shall not require registration or the filing
of any statement with the Attorney General by:
(a) The armed forces of the United States; or
(b) The organized militia or National Guard of any State,
Territory, District, or possession of the United States; or
(c) Any law-enforcement agency of the United States or of any
Territory, District or possession thereof, or of any State or
political subdivision of a State, or of any agency or
instrumentality of one or more States; or
(d) Any duly established diplomatic mission or consular
office of a foreign government which is so recognized by the
Department of State; or
(e) Any nationally recognized organization of persons who are
veterans of the armed forces of the United States, or
affiliates of such organizations.
(3) Every registration statement required to be filed by any
organization shall contain the following information and
documents:
(a) The name and post-office address of the organization in
the United States, and the names and addresses of all branches,
chapters, and affiliates of such organization;
(b) The name, address, and nationality of each officer, and
of each person who performs the functions of an officer, of the
organization, and of each branch, chapter, and affiliate of the
organization;
(c) The qualifications for membership in the organization;
(d) The existing and proposed aims and purposes of the
organization, and all the means by which these aims or purposes
are being attained or are to be attained;
(e) The address or addresses of meeting places of the
organization, and of each branch, chapter, or affiliate of the
organization, and the times of meetings;
(f) The name and address of each person who has contributed
any money, dues, property, or other thing of value to the
organization or to any branch, chapter, or affiliate of the
organization;
(g) A detailed statement of the assets of the organization,
and of each branch, chapter, and affiliate of the organization,
the manner in which such assets were acquired, and a detailed
statement of the liabilities and income of the organization and
of each branch, chapter, and affiliate of the organization;
(h) A detailed description of the activities of the
organization, and of each chapter, branch, and affiliate of the
organization;
(i) A description of the uniforms, badges, insignia, or other
means of identification prescribed by the organization, and
worn or carried by its officers or members, or any of such
officers or members;
(j) A copy of each book, pamphlet, leaflet, or other
publication or item of written, printed, or graphic matter
issued or distributed directly or indirectly by the
organization, or by any chapter, branch, or affiliate of the
organization, or by any of the members of the organization
under its authority or within its knowledge, together with the
name of its author or authors and the name and address of the
publisher;
(k) A description of all firearms or other weapons owned by
the organization, or by any chapter, branch, or affiliate of
the organization, identified by the manufacturer's number
thereon;
(l) In case the organization is subject to foreign control,
the manner in which it is so subject;
(m) A copy of the charter, articles of association,
constitution, bylaws, rules, regulations, agreements,
resolutions, and all other instruments relating to the
organization, powers, and purposes of the organization and to
the powers of the officers of the organization and of each
chapter, branch, and affiliate of the organization; and
(n) Such other information and documents pertinent to the
purposes of this section as the Attorney General may from time
to time require.
All statements filed under this section shall be public
records and open to public examination and inspection at all
reasonable hours under such rules and regulations as the
Attorney General may prescribe.
(C) The Attorney General is authorized at any time to make,
amend, and rescind such rules and regulations as may be
necessary to carry out this section, including rules and
regulations governing the statements required to be filed.
(D) Whoever violates any of the provisions of this section
shall be fined under this title or imprisoned not more than
five years, or both.
Whoever in a statement filed pursuant to this section
willfully makes any false statement or willfully omits to state
any fact which is required to be stated, or which is necessary
to make the statements made not misleading, shall be fined
under this title or imprisoned not more than five years, or
both.
* * * * * * *
CHAPTER 117--TRANSPORTATION FOR ILLEGAL SEXUAL ACTIVITY AND RELATED
CRIMES
* * * * * * *
Sec. 2426. Repeat offenders
(a) Maximum Term of Imprisonment.--The maximum term of
imprisonment for a violation of this chapter after a prior sex
offense conviction shall be twice the term of imprisonment
otherwise provided by this chapter, unless section 3559(e)
applies.
(b) Definitions.--In this section--
(1) the term ``prior sex offense conviction'' means a
conviction for an offense--
(A) under this chapter, chapter 109A, chapter
110, or section 1591; or
(B) under State law for an offense consisting
of conduct that would have been an offense
under a chapter referred to in paragraph (1) if
the conduct had occurred within the special
maritime and territorial jurisdiction of the
United States[; and]
[(2) the term ``State'' means a State of the United
States, the District of Columbia, and any commonwealth,
territory, or possession of the United States.]
* * * * * * *
CHAPTER 119--WIRE AND ELECTRONIC COMMUNICATIONS INTERCEPTION AND
INTERCEPTION OF ORAL COMMUNICATIONS
Sec. 2510. Definitions
As used in this chapter--
(1) ``wire communication'' means any aural transfer
made in whole or in part through the use of facilities
for the transmission of communications by the aid of
wire, cable, or other like connection between the point
of origin and the point of reception (including the use
of such connection in a switching station) furnished or
operated by any person engaged in providing or
operating such facilities for the transmission of
interstate or foreign communications or communications
affecting interstate or foreign commerce;
(2) ``oral communication'' means any oral
communication uttered by a person exhibiting an
expectation that such communication is not subject to
interception under circumstances justifying such
expectation, but such term does not include any
electronic communication;
[(3) ``State'' means any State of the United States,
the District of Columbia, the Commonwealth of Puerto
Rico, and any territory or possession of the United
States;]
(4) ``intercept'' means the aural or other
acquisition of the contents of any wire, electronic, or
oral communication through the use of any electronic,
mechanical, or other device.
(5) ``electronic, mechanical, or other device'' means
any device or apparatus which can be used to intercept
a wire, oral, or electronic communication other than--
(a) any telephone or telegraph instrument,
equipment or facility, or any component
thereof, (i) furnished to the subscriber or
user by a provider of wire or electronic
communication service in the ordinary course of
its business and being used by the subscriber
or user in the ordinary course of its business
or furnished by such subscriber or user for
connection to the facilities of such service
and used in the ordinary course of its
business; or (ii) being used by a provider of
wire or electronic communication service in the
ordinary course of its business, or by an
investigative or law enforcement officer in the
ordinary course of his duties;
(b) a hearing aid or similar device being
used to correct subnormal hearing to not better
than normal;
(6) ``person'' means any employee, or agent of the
United States or any State or political subdivision
thereof, and any individual, partnership, association,
joint stock company, trust, or corporation;
(7) ``Investigative or law enforcement officer''
means any officer of the United States or of a State or
political subdivision thereof, who is empowered by law
to conduct investigations of or to make arrests for
offenses enumerated in this chapter, and any attorney
authorized by law to prosecute or participate in the
prosecution of such offenses;
(8) ``contents'', when used with respect to any wire,
oral, or electronic communication, includes any
information concerning the substance, purport, or
meaning of that communication;
(9) ``Judge of competent jurisdiction'' means--
(a) a judge of a United States district court
or a United States court of appeals; and
(b) a judge of any court of general criminal
jurisdiction of a State who is authorized by a
statute of that State to enter orders
authorizing interceptions of wire, oral, or
electronic communications;
(10) ``communication common carrier'' has the meaning
given that term in section 3 of the Communications Act
of 1934;
(11) ``aggrieved person'' means a person who was a
party to any intercepted wire, oral, or electronic
communication or a person against whom the interception
was directed;
(12) ``electronic communication'' means any transfer
of signs, signals, writing, images, sounds, data, or
intelligence of any nature transmitted in whole or in
part by a wire, radio, electromagnetic, photoelectronic
or photooptical system that affects interstate or
foreign commerce, but does not include--
(A) any wire or oral communication;
(B) any communication made through a tone-
only paging device;
(C) any communication from a tracking device
(as defined in section 3117 of this title); or
(D) electronic funds transfer information
stored by a financial institution in a
communications system used for the electronic
storage and transfer of funds;
(13) ``user'' means any person or entity who--
(A) uses an electronic communication service;
and
(B) is duly authorized by the provider of
such service to engage in such use;
(14) ``electronic communications system'' means any
wire, radio, electromagnetic, photooptical or
photoelectronic facilities for the transmission of wire
or electronic communications, and any computer
facilities or related electronic equipment for the
electronic storage of such communications;
(15) ``electronic communication service'' means any
service which provides to users thereof the ability to
send or receive wire or electronic communications;
(16) ``readily accessible to the general public''
means, with respect to a radio communication, that such
communication is not--
(A) scrambled or encrypted;
(B) transmitted using modulation techniques
whose essential parameters have been withheld
from the public with the intention of
preserving the privacy of such communication;
(C) carried on a subcarrier or other signal
subsidiary to a radio transmission;
(D) transmitted over a communication system
provided by a common carrier, unless the
communication is a tone only paging system
communication; or
(E) transmitted on frequencies allocated
under part 25, subpart D, E, or F of part 74,
or part 94 of the Rules of the Federal
Communications Commission, unless, in the case
of a communication transmitted on a frequency
allocated under part 74 that is not exclusively
allocated to broadcast auxiliary services, the
communication is a two-way voice communication
by radio;
(17) ``electronic storage'' means--
(A) any temporary, intermediate storage of a
wire or electronic communication incidental to
the electronic transmission thereof; and
(B) any storage of such communication by an
electronic communication service for purposes
of backup protection of such communication;
(18) ``aural transfer'' means a transfer containing
the human voice at any point between and including the
point of origin and the point of reception;
(19) ``foreign intelligence information'', for
purposes of section 2517(6) of this title, means--
(A) information, whether or not concerning a
United States person, that relates to the
ability of the United States to protect
against--
(i) actual or potential attack or
other grave hostile acts of a foreign
power or an agent of a foreign power;
(ii) sabotage or international
terrorism by a foreign power or an
agent of a foreign power; or
(iii) clandestine intelligence
activities by an intelligence service
or network of a foreign power or by an
agent of a foreign power; or
(B) information, whether or not concerning a
United States person, with respect to a foreign
power or foreign territory that relates to--
(i) the national defense or the
security of the United States; or
(ii) the conduct of the foreign
affairs of the United States;
(20) ``protected computer'' has the meaning set forth
in section 1030; and
(21) ``computer trespasser''--
(A) means a person who accesses a protected
computer without authorization and thus has no
reasonable expectation of privacy in any
communication transmitted to, through, or from
the protected computer; and
(B) does not include a person known by the
owner or operator of the protected computer to
have an existing contractual relationship with
the owner or operator of the protected computer
for access to all or part of the protected
computer.
* * * * * * *
PART II--CRIMINAL PROCEDURE
* * * * * * *
CHAPTER 204--REWARDS FOR INFORMATION CONCERNING TERRORIST ACTS AND
ESPIONAGE
* * * * * * *
Sec. 3077. Definitions
As used in this chapter, the term--
(1) ``act of terrorism'' means an act of domestic or
international terrorism as defined in section 2331;
(2) ``United States person'' means--
(A) a national of the United States as
defined in section 101(a)(22) of the
Immigration and Nationality Act (8 U.S.C.
1101(a)(22));
(B) an alien lawfully admitted for permanent
residence in the United States as defined in
section 101(a)(20) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(20));
(C) any person within the United States;
(D) any employee or contractor of the United
States Government, regardless of nationality,
who is the victim or intended victim of an act
of terrorism by virtue of that employment;
(E) a sole proprietorship, partnership,
company, or association composed principally of
nationals or permanent resident aliens of the
United States; and
(F) a corporation organized under the laws of
the United States, any State, the District of
Columbia, or any territory or possession of the
United States, and a foreign subsidiary of such
corporation;
(3) ``United States property'' means any real or
personal property which is within the United States or,
if outside the United States, the actual or beneficial
ownership of which rests in a United States person or
any Federal or State governmental entity of the United
States;
(4) ``United States'', when used in a geographical
sense, includes Puerto Rico and all territories and
possessions of the United States;
[(5) ``State'' includes any State of the United
States, the District of Columbia, the Commonwealth of
Puerto Rico, and any other possession or territory of
the United States;]
(6) ``government entity'' includes the Government of
the United States, any State or political subdivision
thereof, any foreign country, and any state,
provincial, municipal, or other political subdivision
of a foreign country;
(7) ``Attorney General'' means the Attorney General
of the United States or that official designated by the
Attorney General to perform the Attorney General's
responsibilities under this chapter; and
(8) ``act of espionage'' means an activity that is a
violation of--
(A) section 793, 794, or 798 of this title;
or
(B) section 4 of the Subversive Activities
Control Act of 1950.
* * * * * * *
CHAPTER 206--PEN REGISTERS AND TRAP AND TRACE DEVICES
* * * * * * *
Sec. 3127. Definitions for chapter
As used in this chapter--
(1) the terms ``wire communication'', ``electronic
communication'', ``electronic communication service'',
and ``contents'' have the meanings set forth for such
terms in section 2510 of this title;
(2) the term ``court of competent jurisdiction''
means--
(A) any district court of the United States
(including a magistrate judge of such a court)
or any United States court of appeals that--
(i) has jurisdiction over the offense
being investigated;
(ii) is in or for a district in which
the provider of a wire or electronic
communication service is located;
(iii) is in or for a district in
which a landlord, custodian, or other
person subject to subsections (a) or
(b) of section 3124 of this title is
located; or
(iv) is acting on a request for
foreign assistance pursuant to section
3512 of this title; or
(B) a court of general criminal jurisdiction
of a State authorized by the law of that State
to enter orders authorizing the use of a pen
register or a trap and trace device;
(3) the term ``pen register'' means a device or
process which records or decodes dialing, routing,
addressing, or signaling information transmitted by an
instrument or facility from which a wire or electronic
communication is transmitted, provided, however, that
such information shall not include the contents of any
communication, but such term does not include any
device or process used by a provider or customer of a
wire or electronic communication service for billing,
or recording as an incident to billing, for
communications services provided by such provider or
any device or process used by a provider or customer of
a wire communication service for cost accounting or
other like purposes in the ordinary course of its
business;
(4) the term ``trap and trace device'' means a device
or process which captures the incoming electronic or
other impulses which identify the originating number or
other dialing, routing, addressing, and signaling
information reasonably likely to identify the source of
a wire or electronic communication, provided, however,
that such information shall not include the contents of
any communication; and
(5) the term ``attorney for the Government'' has the
meaning given such term for the purposes of the Federal
Rules of Criminal Procedure[; and].
[(6) the term ``State'' means a State, the District
of Columbia, Puerto Rico, and any other possession or
territory of the United States.]
* * * * * * *
CHAPTER 207--RELEASE AND DETENTION PENDING JUDICIAL PROCEEDINGS
* * * * * * *
Sec. 3156. Definitions
(a) As used in sections 3141-3150 of this chapter--
(1) the term ``judicial officer'' means, unless
otherwise indicated, any person or court authorized
pursuant to section 3041 of this title, or the Federal
Rules of Criminal Procedure, to detain or release a
person before trial or sentencing or pending appeal in
a court of the United States, and any judge of the
Superior Court of the District of Columbia;
(2) the term ``offense'' means any criminal offense,
other than an offense triable by court-martial,
military commission, provost court, or other military
tribunal, which is in violation of an Act of Congress
and is triable in any court established by Act of
Congress;
(3) the term ``felony'' means an offense punishable
by a maximum term of imprisonment of more than one
year; and
(4) the term ``crime of violence'' means--
(A) an offense that has as an element of the
offense the use, attempted use, or threatened
use of physical force against the person or
property of another;
(B) any other offense that is a felony and
that, by its nature, involves a substantial
risk that physical force against the person or
property of another may be used in the course
of committing the offense; or
(C) any felony under chapter 77, 109A, 110,
or 117[; and].
[(5) the term ``State'' includes a State of the
United States, the District of Columbia, and any
commonwealth, territory, or possession of the United
States.]
(b) As used in sections 3152-3155 of this chapter--
(1) the term ``judicial officer'' means, unless
otherwise indicated, any person or court authorized
pursuant to section 3041 of this title, or the Federal
Rules of Criminal Procedure, to detain or release a
person before trial or sentencing or pending appeal in
a court of the United States, and
(2) the term ``offense'' means any Federal criminal
offense which is in violation of any Act of Congress
and is triable by any court established by Act of
Congress (other than a Class B or C misdemeanor or an
infraction, or an offense triable by court-martial,
military commission, provost court, or other military
tribunal).
* * * * * * *
CHAPTER 209--EXTRADITION
Sec.
3181. Scope and limitation of chapter.
3182. Fugitives from [State or Territory]State to [State, District, or
Territory]State.
3183. Fugitives from State[, Territory, or Possession] into
extraterritorial jurisdiction of United States.
* * * * * * *
Sec. 3182. Fugitives from [State or Territory] State to [State,
District, or Territory] State
Whenever the executive authority of any [State or Territory]
State demands any person as a fugitive from justice, of the
executive authority of any [State, District, or Territory]
State to which such person has fled, and produces a copy of an
indictment found or an affidavit made before a magistrate of
any [State or Territory] State, charging the person demanded
with having committed treason, felony, or other crime,
certified as authentic by the governor or chief magistrate of
the [State or Territory] State from whence the person so
charged has fled, the executive authority of the [State,
District, or Territory] State to which such person has fled
shall cause him to be arrested and secured, and notify the
executive authority making such demand, or the agent of such
authority appointed to receive the fugitive, and shall cause
the fugitive to be delivered to such agent when he shall
appear. If no such agent appears within thirty days from the
time of the arrest, the prisoner may be discharged.
Sec. 3183. Fugitives from State[, Territory, or Possession] into
extraterritorial jurisdiction of United States
Whenever the executive authority of any State[, Territory,
District, or possession of the United States] demands any
American citizen or national as a fugitive from justice who has
fled to a country in which the United States exercises
extraterritorial jurisdiction, and produces a copy of an
indictment found or an affidavit made before a magistrate of
the demanding jurisdiction, charging the fugitive so demanded
with having committed treason, felony, or other offense,
certified as authentic by the Governor or chief magistrate of
such demanding jurisdiction, or other person authorized to act,
the officer or representative of the United States vested with
judicial authority to whom the demand has been made shall cause
such fugitive to be arrested and secured, and notify the
executive authorities making such demand, or the agent of such
authority appointed to receive the fugitive, and shall cause
the fugitive to be delivered to such agent when he shall
appear.
If no such agent shall appear within three months from the
time of the arrest, the prisoner may be discharged.
The agent who receives the fugitive into his custody shall be
empowered to transport him to the jurisdiction from which he
has fled.
* * * * * * *
Sec. 3194. Transportation of fugitive by receiving agent
Any agent appointed as provided in section 3182 of this title
who receives the fugitive into his custody is empowered to
transport him to the State [or Territory] from which he has
fled.
* * * * * * *
CHAPTER 223--WITNESSES AND EVIDENCE
Sec. 3481. Competency of accused
In trial of all persons charged with the commission of
offenses against the United States and in all proceedings in
courts martial and courts of inquiry in any State[, District,
Possession or Territory], the person charged shall, at his own
request, be a competent witness. His failure to make such
request shall not create any presumption against him.
CHAPTER 224--PROTECTION OF WITNESSES
Sec.
3521. Witness relocation and protection.
* * * * * * *
[3528. Definition.]
* * * * * * *
[Sec. 3528. Definition
[For purposes of this chapter, the term ``State'' means each
of the several States, the District of Columbia, the
Commonwealth of Puerto Rico, and any territory or possession of
the United States.]
* * * * * * *
CHAPTER 227--SENTENCES
SUBCHAPTER A--GENERAL PROVISIONS
* * * * * * *
Sec. 3559. Sentencing classification of offenses
(a) Classification.--An offense that is not specifically
classified by a letter grade in the section defining it, is
classified if the maximum term of imprisonment authorized is--
(1) life imprisonment, or if the maximum penalty is
death, as a Class A felony;
(2) twenty-five years or more, as a Class B felony;
(3) less than twenty-five years but ten or more
years, as a Class C felony;
(4) less than ten years but five or more years, as a
Class D felony;
(5) less than five years but more than one year, as a
Class E felony;
(6) one year or less but more than six months, as a
Class A misdemeanor;
(7) six months or less but more than thirty days, as
a Class B misdemeanor;
(8) thirty days or less but more than five days, as a
Class C misdemeanor; or
(9) five days or less, or if no imprisonment is
authorized, as an infraction.
(b) Effect of Classification.--Except as provided in
subsection (c), an offense classified under subsection (a)
carries all the incidents assigned to the applicable letter
designation, except that the maximum term of imprisonment is
the term authorized by the law describing the offense.
(c) Imprisonment of Certain Violent Felons.--
(1) Mandatory life imprisonment.--Notwithstanding any
other provision of law, a person who is convicted in a
court of the United States of a serious violent felony
shall be sentenced to life imprisonment if--
(A) the person has been convicted (and those
convictions have become final) on separate
prior occasions in a court of the United States
or of a State of--
(i) 2 or more serious violent
felonies; or
(ii) one or more serious violent
felonies and one or more serious drug
offenses; and
(B) each serious violent felony or serious
drug offense used as a basis for sentencing
under this subsection, other than the first,
was committed after the defendant's conviction
of the preceding serious violent felony or
serious drug offense.
(2) Definitions.--For purposes of this subsection--
(A) the term ``assault with intent to commit
rape'' means an offense that has as its
elements engaging in physical contact with
another person or using or brandishing a weapon
against another person with intent to commit
aggravated sexual abuse or sexual abuse (as
described in sections 2241 and 2242);
(B) the term ``arson'' means an offense that
has as its elements maliciously damaging or
destroying any building, inhabited structure,
vehicle, vessel, or real property by means of
fire or an explosive;
(C) the term ``extortion'' means an offense
that has as its elements the extraction of
anything of value from another person by
threatening or placing that person in fear of
injury to any person or kidnapping of any
person;
(D) the term ``firearms use'' means an
offense that has as its elements those
described in section 924(c) or 929(a), if the
firearm was brandished, discharged, or
otherwise used as a weapon and the crime of
violence or drug trafficking crime during and
relation to which the firearm was used was
subject to prosecution in a court of the United
States or a court of a State, or both;
(E) the term ``kidnapping'' means an offense
that has as its elements the abduction,
restraining, confining, or carrying away of
another person by force or threat of force;
(F) the term ``serious violent felony''
means--
(i) a Federal or State offense, by
whatever designation and wherever
committed, consisting of murder (as
described in section 1111);
manslaughter other than involuntary
manslaughter (as described in section
1112); assault with intent to commit
murder (as described in section
113(a)); assault with intent to commit
rape; aggravated sexual abuse and
sexual abuse (as described in sections
2241 and 2242); abusive sexual contact
(as described in sections 2244(a)(1)
and (a)(2)); kidnapping; aircraft
piracy (as described in section 46502
of Title 49); robbery (as described in
section 2111, 2113, or 2118);
carjacking (as described in section
2119); extortion; arson; firearms use;
firearms possession (as described in
section 924(c)); or attempt,
conspiracy, or solicitation to commit
any of the above offenses; and
(ii) any other offense punishable by
a maximum term of imprisonment of 10
years or more that has as an element
the use, attempted use, or threatened
use of physical force against the
person of another or that, by its
nature, involves a substantial risk
that physical force against the person
of another may be used in the course of
committing the offense; and
[(G) the term ``State'' means a State of the
United States, the District of Columbia, and a
commonwealth, territory, or possession of the
United States; and]
(H) the term ``serious drug offense'' means--
(i) an offense that is punishable
under section 401(b)(1)(A) or 408 of
the Controlled Substances Act (21
U.S.C. 841(b)(1)(A), 848) or section
1010(b)(1)(A) of the Controlled
Substances Import and Export Act (21
U.S.C. 960(b)(1)(A)); or
(ii) an offense under State law that,
had the offense been prosecuted in a
court of the United States, would have
been punishable under section
401(b)(1)(A) or 408 of the Controlled
Substances Act (21 U.S.C. 841(b)(1)(A),
848) or section 1010(b)(1)(A) of the
Controlled Substances Import and Export
Act (21 U.S.C. 960(b)(1)(A)).
(3) Nonqualifying felonies.--
(A) Robbery in certain cases.--Robbery, an
attempt, conspiracy, or solicitation to commit
robbery; or an offense described in paragraph
(2)(F)(ii) shall not serve as a basis for
sentencing under this subsection if the
defendant establishes by clear and convincing
evidence that--
(i) no firearm or other dangerous
weapon was used in the offense and no
threat of use of a firearm or other
dangerous weapon was involved in the
offense; and
(ii) the offense did not result in
death or serious bodily injury [(as
defined in section 1365)] to any
person.
(B) Arson in certain cases.--Arson shall not
serve as a basis for sentencing under this
subsection if the defendant establishes by
clear and convincing evidence that--
(i) the offense posed no threat to
human life; and
(ii) the defendant reasonably
believed the offense posed no threat to
human life.
(4) Information filed by United States Attorney.--The
provisions of section 411(a) of the Controlled
Substances Act (21 U.S.C. 851(a)) shall apply to the
imposition of sentence under this subsection.
(5) Rule of construction.--This subsection shall not
be construed to preclude imposition of the death
penalty.
(6) Special provision for Indian country.--No person
subject to the criminal jurisdiction of an Indian
tribal government shall be subject to this subsection
for any offense for which Federal jurisdiction is
solely predicated on Indian country (as defined in
section 1151) and which occurs within the boundaries of
such Indian country unless the governing body of the
tribe has elected that this subsection have effect over
land and persons subject to the criminal jurisdiction
of the tribe.
(7) Resentencing upon overturning of prior
conviction.--If the conviction for a serious violent
felony or serious drug offense that was a basis for
sentencing under this subsection is found, pursuant to
any appropriate State or Federal procedure, to be
unconstitutional or is vitiated on the explicit basis
of innocence, or if the convicted person is pardoned on
the explicit basis of innocence, the person serving a
sentence imposed under this subsection shall be
resentenced to any sentence that was available at the
time of the original sentencing.
(d) Death or Imprisonment for Crimes Against Children.--
(1) In general.--Subject to paragraph (2) and
notwithstanding any other provision of law, a person
who is convicted of a Federal offense that is a serious
violent felony (as defined in subsection (c)) or a
violation of section 2422, 2423, or 2251 shall, unless
the sentence of death is imposed, be sentenced to
imprisonment for life, if--
(A) the victim of the offense has not
attained the age of 14 years;
(B) the victim dies as a result of the
offense; and
(C) the defendant, in the course of the
offense, engages in conduct described in
section 3591(a)(2).
(2) Exception.--With respect to a person convicted of
a Federal offense described in paragraph (1), the court
may impose any lesser sentence that is authorized by
law to take into account any substantial assistance
provided by the defendant in the investigation or
prosecution of another person who has committed an
offense, in accordance with the Federal Sentencing
Guidelines and the policy statements of the Federal
Sentencing Commission pursuant to section 994(p) of
title 28, or for other good cause.
(e) Mandatory Life Imprisonment for Repeated Sex Offenses
Against Children.--
(1) In general.--A person who is convicted of a
Federal sex offense in which a minor is the victim
shall be sentenced to life imprisonment if the person
has a prior sex conviction in which a minor was the
victim, unless the sentence of death is imposed.
(2) Definitions.--For the purposes of this
subsection--
(A) the term ``Federal sex offense'' means an
offense under section 1591 (relating to sex
trafficking of children), 2241 (relating to
aggravated sexual abuse), 2242 (relating to
sexual abuse), 2244(a)(1) (relating to abusive
sexual contact), 2245 (relating to sexual abuse
resulting in death), 2251 (relating to sexual
exploitation of children), 2251A (relating to
selling or buying of children), 2422(b)
(relating to coercion and enticement of a minor
into prostitution), or 2423(a) (relating to
transportation of minors);
(B) the term ``State sex offense'' means an
offense under State law that is punishable by
more than one year in prison and consists of
conduct that would be a Federal sex offense if,
to the extent or in the manner specified in the
applicable provision of this title--
(i) the offense involved interstate
or foreign commerce, or the use of the
mails; or
(ii) the conduct occurred in any
commonwealth, territory, or possession
of the United States, within the
special maritime and territorial
jurisdiction of the United States, in a
Federal prison, on any land or building
owned by, leased to, or otherwise used
by or under the control of the
Government of the United States, or in
the Indian country (as defined in
section 1151);
(C) the term ``prior sex conviction'' means a
conviction for which the sentence was imposed
before the conduct occurred constituting the
subsequent Federal sex offense, and which was
for a Federal sex offense or a State sex
offense; and
(D) the term ``minor'' means an individual
who has not attained the age of 17 years[;
and].
[(E) the term ``State'' has the meaning given
that term in subsection (c)(2).]
(3) Nonqualifying Felonies.--An offense described in
section 2422(b) or 2423(a) shall not serve as a basis
for sentencing under this subsection if the defendant
establishes by clear and convincing evidence that--
(A) the sexual act or activity was consensual
and not for the purpose of commercial or
pecuniary gain;
(B) the sexual act or activity would not be
punishable by more than one year in prison
under the law of the State in which it
occurred; or
(C) no sexual act or activity occurred.
(f) Mandatory Minimum Terms of Imprisonment for Violent
Crimes Against Children.--A person who is convicted of a
Federal offense that is a crime of violence against the person
of an individual who has not attained the age of 18 years
shall, unless a greater mandatory minimum sentence of
imprisonment is otherwise provided by law and regardless of any
maximum term of imprisonment otherwise provided for the
offense--
(1) if the crime of violence is murder, be imprisoned
for life or for any term of years not less than 30,
except that such person shall be punished by death or
life imprisonment if the circumstances satisfy any of
subparagraphs (A) through (D) of section 3591(a)(2) of
this title;
(2) if the crime of violence is kidnapping (as
defined in section 1201) or maiming (as defined in
section 114), be imprisoned for life or any term of
years not less than 25; and
(3) if the crime of violence results in serious
bodily injury [(as defined in section 1365)], or if a
dangerous weapon was used during and in relation to the
crime of violence, be imprisoned for life or for any
term of years not less than 10.
(g)(1) If a defendant who is convicted of a felony offense
(other than offense of which an element is the false
registration of a domain name) knowingly falsely registered a
domain name and knowingly used that domain name in the course
of that offense, the maximum imprisonment otherwise provided by
law for that offense shall be doubled or increased by 7 years,
whichever is less.
(2) As used in this section--
(A) the term ``falsely registers'' means registers in
a manner that prevents the effective identification of
or contact with the person who registers; and
(B) the term ``domain name'' has the meaning given
that term is section 45 of the Act entitled ``An Act to
provide for the registration and protection of
trademarks used in commerce, to carry out the
provisions of certain international conventions, and
for other purposes'' approved July 5, 1946 (commonly
referred to as the ``Trademark Act of 1946'') (15
U.S.C. 1127).
SUBCHAPTER B--PROBATION
* * * * * * *
Sec. 3563. Conditions of probation
(a) Mandatory Conditions.--The court shall provide, as an
explicit condition of a sentence of probation--
(1) for a felony, a misdemeanor, or an infraction,
that the defendant not commit another Federal, State,
or local crime during the term of probation;
(2) for a felony, that the defendant also abide by at
least one condition set forth in subsection (b)(2) or
(b)(12), unless the court has imposed a fine under this
chapter, or unless the court finds on the record that
extraordinary circumstances exist that would make such
a condition plainly unreasonable, in which event the
court shall impose one or more of the other conditions
set forth under subsection (b);
(3) for a felony, a misdemeanor, or an infraction,
that the defendant not unlawfully possess a controlled
substance;
(4) for a domestic violence crime as defined in
section 3561(b) by a defendant convicted of such an
offense for the first time that the defendant attend a
public, private, or private nonprofit offender
rehabilitation program that has been approved by the
court, in consultation with a State Coalition Against
Domestic Violence or other appropriate experts, if an
approved program is readily available within a 50-mile
radius of the legal residence of the defendant; and
(5) for a felony, a misdemeanor, or an infraction,
that the defendant refrain from any unlawful use of a
controlled substance and submit to one drug test within
15 days of release on probation and at least 2 periodic
drug tests thereafter (as determined by the court) for
use of a controlled substance, but the condition stated
in this paragraph may be ameliorated or suspended by
the court for any individual defendant if the
defendant's presentence report or other reliable
sentencing information indicates a low risk of future
substance abuse by the defendant;
(6) that the defendant--
(A) make restitution in accordance with
sections 2248, 2259, 2264, 2327, 3663, 3663A,
and 3664;
(B) pay the assessment imposed in accordance
with section 3013; and
(7) that the defendant will notify the court of any
material change in the defendant's economic
circumstances that might affect the defendant's ability
to pay restitution, fines, or special assessments;
(8) for a person required to register under the Sex
Offender Registration and Notification Act, that the
person comply with the requirements of that Act; and
(9) that the defendant cooperate in the collection of
a DNA sample from the defendant if the collection of
such a sample is authorized pursuant to section 3 of
the DNA Analysis Backlog Elimination Act of 2000.
If the court has imposed and ordered execution of a fine and
placed the defendant on probation, payment of the fine or
adherence to the court-established installment schedule shall
be a condition of the probation.
(b) Discretionary Conditions.--The court may provide, as
further conditions of a sentence of probation, to the extent
that such conditions are reasonably related to the factors set
forth in section 3553(a)(1) and (a)(2) and to the extent that
such conditions involve only such deprivations of liberty or
property as are reasonably necessary for the purposes indicated
in section 3553(a)(2), that the defendant--
(1) support his dependents and meet other family
responsibilities;
(2) make restitution to a victim of the offense under
section 3556 (but not subject to the limitation of
section 3663(a) or 3663A(c)(1)(A));
(3) give to the victims of the offense the notice
ordered pursuant to the provisions of section 3555;
(4) work conscientiously at suitable employment or
pursue conscientiously a course of study or vocational
training that will equip him for suitable employment;
(5) refrain, in the case of an individual, from
engaging in a specified occupation, business, or
profession bearing a reasonably direct relationship to
the conduct constituting the offense, or engage in such
a specified occupation, business, or profession only to
a stated degree or under stated circumstances;
(6) refrain from frequenting specified kinds of
places or from associating unnecessarily with specified
persons;
(7) refrain from excessive use of alcohol, or any use
of a narcotic drug or other controlled substance, as
defined in section 102 of the Controlled Substances Act
(21 U.S.C. 802), without a prescription by a licensed
medical practitioner;
(8) refrain from possessing a firearm, destructive
device, or other dangerous weapon;
(9) undergo available medical, psychiatric, or
psychological treatment, including treatment for drug
or alcohol dependency, as specified by the court, and
remain in a specified institution if required for that
purpose;
(10) remain in the custody of the Bureau of Prisons
during nights, weekends, or other intervals of time,
totaling no more than the lesser of one year or the
term of imprisonment authorized for the offense, during
the first year of the term of probation or supervised
release;
(11) reside at, or participate in the program of, a
community corrections facility (including a facility
maintained or under contract to the Bureau of Prisons)
for all or part of the term of probation;
(12) work in community service as directed by the
court;
(13) reside in a specified place or area, or refrain
from residing in a specified place or area;
(14) remain within the jurisdiction of the court,
unless granted permission to leave by the court or a
probation officer;
(15) report to a probation officer as directed by the
court or the probation officer;
(16) permit a probation officer to visit him at his
home or elsewhere as specified by the court;
(17) answer inquiries by a probation officer and
notify the probation officer promptly of any change in
address or employment;
(18) notify the probation officer promptly if
arrested or questioned by a law enforcement officer;
(19) remain at his place of residence during
nonworking hours and, if the court finds it
appropriate, that compliance with this condition be
monitored by telephonic or electronic signaling
devices, except that a condition under this paragraph
may be imposed only as an alternative to incarceration;
(20) comply with the terms of any court order or
order of an administrative process pursuant to the law
of a State[, the District of Columbia, or any other
possession or territory of the United States,]
requiring payments by the defendant for the support and
maintenance of a child or of a child and the parent
with whom the child is living;
(21) be ordered deported by a United States district
court, or United States magistrate judge, pursuant to a
stipulation entered into by the defendant and the
United States under section 238(d)(5) of the
Immigration and Nationality Act, except that, in the
absence of a stipulation, the United States district
court or a United States magistrate judge, may order
deportation as a condition of probation, if, after
notice and hearing pursuant to such section, the
Attorney General demonstrates by clear and convincing
evidence that the alien is deportable;
(22) satisfy such other conditions as the court may
impose or;
(23) if required to register under the Sex Offender
Registration and Notification Act, submit his person,
and any property, house, residence, vehicle, papers,
computer, other electronic communication or data
storage devices or media, and effects to search at any
time, with or without a warrant, by any law enforcement
or probation officer with reasonable suspicion
concerning a violation of a condition of probation or
unlawful conduct by the person, and by any probation
officer in the lawful discharge of the officer's
supervision functions.
(c) Modifications of Conditions.--The court may modify,
reduce, or enlarge the conditions of a sentence of probation at
any time prior to the expiration or termination of the term of
probation, pursuant to the provisions of the Federal Rules of
Criminal Procedure relating to the modification of probation
and the provisions applicable to the initial setting of the
conditions of probation.
(d) Written Statement of Conditions.--The court shall direct
that the probation officer provide the defendant with a written
statement that sets forth all the conditions to which the
sentence is subject, and that is sufficiently clear and
specific to serve as a guide for the defendant's conduct and
for such supervision as is required.
(e) Results of Drug Testing - The results of a drug test
administered in accordance with paragraph (a)(5) shall be
subject to confirmation only if the results are positive, the
defendant is subject to possible imprisonment for such failure,
and either the defendant denies the accuracy of such test or
there is some other reason to question the results of the test.
A defendant who tests positive may be detained pending
verification of a positive drug test result. A drug test
confirmation shall be a urine drug test confirmed using gas
chromatography/mass spectrometry techniques or such test as the
Director of the Administrative Office of the United States
Courts after consultation with the Secretary of Health and
Human Services may determine to be of equivalent accuracy. The
court shall consider whether the availability of appropriate
substance abuse treatment programs, or an individual's current
or past participation in such programs, warrants an exception
in accordance with United States Sentencing Commission
guidelines from the rule of section 3565(b), when considering
any action against a defendant who fails a drug test
administered in accordance with paragraph (a)(5).
* * * * * * *
PART III--PRISONS AND PRISONERS
* * * * * * *
CHAPTER 301--GENERAL PROVISIONS
* * * * * * *
Sec. 4002. Federal prisoners in State institutions; employment
For the purpose of providing suitable quarters for the
safekeeping, care, and subsistence of all persons held under
authority of any enactment of Congress, the Attorney General
may contract, for a period not exceeding three years, with the
proper authorities of any State[, Territory,] or political
subdivision thereof, for the imprisonment, subsistence, care,
and proper employment of such persons.
Such Federal prisoners shall be employed only in the
manufacture of articles for, the production of supplies for,
the construction of public works for, and the maintenance and
care of the institutions of, the State or political subdivision
in which they are imprisoned.
The rates to be paid for the care and custody of said persons
shall take into consideration the character of the quarters
furnished, sanitary conditions, and quality of subsistence and
may be such as will permit and encourage the proper authorities
to provide reasonably decent, sanitary, and healthful quarters
and subsistence for such persons.
Sec. 4003. Federal institutions in States without appropriate
facilities
If by reason of the refusal or inability of the authorities
having control of any jail, workhouse, penal, correctional, or
other suitable institution of any State [or Territory,] or
political subdivision thereof, to enter into a contract for the
imprisonment, subsistence, care, or proper employment of United
States prisoners, or if there are no suitable or sufficient
facilities available at reasonable cost, the Attorney General
may select a site either within or convenient to the State[,
Territory,] or judicial district concerned and cause to be
erected thereon a house of detention, workhouse, jail, prison-
industries project, or camp, or other place of confinement,
which shall be used for the detention of persons held under
authority of any Act of Congress, and of such other persons as
in the opinion of the Attorney General are proper subjects for
confinement in such institutions.
* * * * * * *
Sec. 4013. Support of United States prisoners in non-Federal
institutions
(a) The Attorney General, in support of United States
prisoners in non-Federal institutions, is authorized to make
payments from funds appropriated for Federal prisoner detention
for--
(1) necessary clothing;
(2) medical care and necessary guard hire; and
(3) the housing, care, and security of persons held
in custody of a United States marshal pursuant to
Federal law under agreements with State or local units
of government or contracts with private entities.
(b) The Attorney General, in support of Federal prisoner
detainees in non- Federal institutions, is authorized to make
payments, from funds appropriated for State and local law
enforcement assistance, for entering into contracts or
cooperative agreements with any State[, territory,] or
political subdivision thereof, for the necessary construction,
physical renovation, acquisition of equipment, supplies, or
materials required to establish acceptable conditions of
confinement and detention services in any State or local
jurisdiction which agrees to provide guaranteed bed space for
Federal detainees within that correctional system, in
accordance with regulations which are issued by the Attorney
General and are comparable to the regulations issued under
section 4006 of this title, except that--
(1) amounts made available for purposes of this
paragraph shall not exceed the average per-inmate cost
of constructing similar confinement facilities for the
Federal prison population,
(2) the availability of such federally assisted
facility shall be assured for housing Federal
prisoners, and
(3) the per diem rate charged for housing such
Federal prisoners shall not exceed allowable costs or
other conditions specified in the contract or
cooperative agreement.
(c)(1) The United States Marshals Service may designate
districts that need additional support from private detention
entities under subsection (a)(3) based on--
(A) the number of Federal detainees in the district;
and
(B) the availability of appropriate Federal, State,
and local government detention facilities.
(2) In order to be eligible for a contract for the housing,
care, and security of persons held in custody of the United
States Marshals pursuant to Federal law and funding under
subsection (a)(3), a private entity shall--
(A) be located in a district that has been designated
as needing additional Federal detention facilities
pursuant to paragraph (1);
(B) meet the standards of the American Correctional
Association;
(C) comply with all applicable State and local laws
and regulations;
(D) have approved fire, security, escape, and riot
plans; and
(E) comply with any other regulations that the
Marshals Service deems appropriate.
(3) The United States Marshals Service shall provide an
opportunity for public comment on a contract under subsection
(a)(3).
(d) Health Care Fees For Federal Prisoners in Non-Federal
Institutions.--
(1) In general.--Notwithstanding amounts paid under
subsection (a)(3), a State or local government may
assess and collect a reasonable fee from the trust fund
account (or institutional equivalent) of a Federal
prisoner for health care services, if--
(A) the prisoner is confined in a non-Federal
institution pursuant to an agreement between
the Federal Government and the State or local
government;
(B) the fee--
(i) is authorized under State law;
and
(ii) does not exceed the amount
collected from State or local prisoners
for the same services; and
(C) the services--
(i) are provided within or outside of
the institution by a person who is
licensed or certified under State law
to provide health care services and who
is operating within the scope of such
license;
(ii) constitute a health care visit
within the meaning of section
4048(a)(4) of this title; and
(iii) are not preventative health
care services, emergency services,
prenatal care, diagnosis or treatment
of chronic infectious diseases, mental
health care, or substance abuse
treatment.
(2) No refusal of treatment for financial reasons.--
Nothing in this subsection may be construed to permit
any refusal of treatment to a prisoner on the basis
that--
(A) the account of the prisoner is insolvent;
or
(B) the prisoner is otherwise unable to pay a
fee assessed under this subsection.
(3) Notice to prisoners of law.--Each person who is
or becomes a prisoner shall be provided with written
and oral notices of the provisions of this subsection
and the applicability of this subsection to the
prisoner. Notwithstanding any other provision of this
subsection, a fee under this section may not be
assessed against, or collected from, such person--
(A) until the expiration of the 30-day period
beginning on the date on which each prisoner in
the prison system is provided with such
notices; and
(B) for services provided before the
expiration of such period.
(4) Notice to prisoners of state or local
implementation.--The implementation of this subsection
by the State or local government, and any amendment to
that implementation, shall not take effect until the
expiration of the 30-day period beginning on the date
on which each prisoner in the prison system is provided
with written and oral notices of the provisions of that
implementation (or amendment, as the case may be). A
fee under this subsection may not be assessed against,
or collected from, a prisoner pursuant to such
implementation (or amendments, as the case may be) for
services provided before the expiration of such period.
(5) Notice before public comment period.--Before the
beginning of any period a proposed implementation under
this subsection is open to public comment, written and
oral notice of the provisions of that proposed
implementation shall be provided to groups that
advocate on behalf of Federal prisoners and to each
prisoner subject to such proposed implementation.
(6) Comprehensive HIV/AIDS services required.--Any
State or local government assessing or collecting a fee
under this subsection shall provide comprehensive
coverage for services relating to human
immunodeficiency virus (HIV) and acquired immune
deficiency syndrome (AIDS) to each Federal prisoner in
the custody of such State or local government when
medically appropriate. The State or local government
may not assess or collect a fee under this subsection
for providing such coverage.
* * * * * * *
CHAPTER 306--TRANSFER TO OR FROM FOREIGN COUNTRIES
* * * * * * *
Sec. 4101. Definitions
As used in this chapter the term--
(a) ``double criminality'' means that at the time of
transfer of an offender the offense for which he has
been sentenced is still an offense in the transferring
country and is also an offense in the receiving
country. With regard to a country which has a federal
form of government, an act shall be deemed to be an
offense in that country if it is an offense under the
federal laws or the laws of any state or province
thereof;
(b) ``imprisonment'' means a penalty imposed by a
court under which the individual is confined to an
institution;
(c) ``juvenile'' means--
(1) a person who is under eighteen years of
age; or
(2) for the purpose of proceedings and
disposition under chapter 403 of this title
because of an act of juvenile delinquency, a
person who is under twenty-one years of age;
(d) ``juvenile delinquency'' means--
(1) a violation of the laws of the United
States or a State thereof or of a foreign
country committed by a juvenile which would
have been a crime if committed by an adult; or
(2) noncriminal acts committed by a juvenile
for which supervision or treatment by juvenile
authorities of the United States, a State
thereof, or of the foreign country concerned is
authorized;
(e) ``offender'' means a person who has been
convicted of an offense or who has been adjudged to
have committed an act of juvenile delinquency;
(f) ``parole'' means any form of release of an
offender from imprisonment to the community by a
releasing authority prior to the expiration of his
sentence, subject to conditions imposed by the
releasing authority and to its supervision, including a
term of supervised release pursuant to section 3583;
(g) ``probation'' means any form of a sentence under
which the offender is permitted to remain at liberty
under supervision and subject to conditions for the
breach of which a penalty of imprisonment may be
ordered executed;
(h) ``sentence'' means not only the penalty imposed
but also the judgment of conviction in a criminal case
or a judgment of acquittal in the same proceeding, or
the adjudication of delinquency in a juvenile
delinquency proceeding or dismissal of allegations of
delinquency in the same proceedings;
(i) ``State'' means any State of the United States,
the District of Columbia, the Commonwealth of Puerto
Rico, and any territory or possession of the United
States;
[(j) ``transfer'' means a transfer of an individual
for the purpose of the execution in one country of a
sentence imposed by the courts of another country; and]
(k) ``treaty'' means a treaty under which an offender
sentenced in the courts of one country may be
transferred to the country of which he is a citizen or
national for the purpose of serving the sentence.
* * * * * * *
PART IV--CORRECTION OF YOUTHFUL OFFENDERS
* * * * * * *
CHAPTER 401--GENERAL PROVISIONS
* * * * * * *
Sec. 5003. Custody of State offenders
(a)(1) The Director of the Bureau of Prisons when proper and
adequate facilities and personnel are available may contract
with proper officials of a State [or territory], for the
custody, care, subsistence, education, treatment, and training
of persons convicted of criminal offenses in the courts of such
State [or territory].
(2) Any such contract shall provide--
(A) for reimbursing the United States in full for all
costs or expenses involved;
(B) for receiving in exchange persons convicted of
criminal offenses in the courts of the United States,
to serve their sentence in appropriate institutions or
facilities of the State [or territory] by designation
as provided in section 4082(b) of this title, this
exchange to be made according to formulas or conditions
which may be negotiated in the contract; or
(C) for compensating the United States by means of a
combination of monetary payment and of receipt of
persons convicted of criminal offenses in the courts of
the United States, according to formulas or conditions
which may be negotiated in the contract.
(3) No such contract shall provide for the receipt of more
State [or territory] prisoners by the United States than are
transferred to that State [or territory] by such contract.
(b) Funds received under such contract may be deposited in
the Treasury to the credit of the appropriation or
appropriations from which the payments for such service were
originally made.
(c) Unless otherwise specifically provided in the contract, a
person committed to the Attorney General hereunder shall be
subject to all the provisions of law and regulations applicable
to persons committed for violations of laws of the United
States not inconsistent with the sentence imposed.
[(d) The term ``State'' as used in this section includes any
State, territory, or possession of the United States, and the
Canal Zone.]
* * * * * * *
CHAPTER 403--JUVENILE DELINQUENCY
* * * * * * *
Sec. 5032. Delinquency proceedings in district courts; transfer for
criminal prosecution
A juvenile alleged to have committed an act of juvenile
delinquency, other than a violation of law committed within the
special maritime and territorial jurisdiction of the United
States for which the maximum authorized term of imprisonment
does not exceed six months, shall not be proceeded against in
any court of the United States unless the Attorney General,
after investigation, certifies to the appropriate district
court of the United States that (1) the juvenile court or other
appropriate court of a State does not have jurisdiction or
refuses to assume jurisdiction over said juvenile with respect
to such alleged act of juvenile delinquency, (2) the State does
not have available programs and services adequate for the needs
of juveniles, or (3) the offense charged is a crime of violence
that is a felony or an offense described in section 401 of the
Controlled Substances Act (21 U.S.C. 841), or section 1002(a),
1003, 1005, 1009, or 1010(b)(1), (2), or (3) of the Controlled
Substances Import and Export Act (21 U.S.C. 952(a), 953, 955,
959, 960(b)(1), (2), (3)), section 922(x) or section 924(b),
(g), or (h) of this title, and that there is a substantial
Federal interest in the case or the offense to warrant the
exercise of Federal jurisdiction.
If the Attorney General does not so certify, such juvenile
shall be surrendered to the appropriate legal authorities of
such State. [[For purposes of this section, the term ``State''
includes a State of the United States, the District of
Columbia, and any commonwealth, territory, or possession of the
United States.]
If an alleged juvenile delinquent is not surrendered to the
authorities of a State pursuant to this section, any
proceedings against him shall be in an appropriate district
court of the United States. For such purposes, the court may be
convened at any time and place within the district, in chambers
or otherwise. The Attorney General shall proceed by information
or as authorized under section 3401(g) of this title, and no
criminal prosecution shall be instituted for the alleged act of
juvenile delinquency except as provided below.
A juvenile who is alleged to have committed an act of
juvenile delinquency and who is not surrendered to State
authorities shall be proceeded against under this chapter
unless he has requested in writing upon advice of counsel to be
proceeded against as an adult, except that, with respect to a
juvenile fifteen years and older alleged to have committed an
act after his fifteenth birthday which if committed by an adult
would be a felony that is a crime of violence or an offense
described in section 401 of the Controlled Substances Act (21
U.S.C. 841), or section 1002(a), 1005, or 1009 of the
Controlled Substances Import and Export Act (21 U.S.C. 952(a),
955, 959), or section 922(x) of this title, or in section
924(b), (g), or (h) of this title, criminal prosecution on the
basis of the alleged act may be begun by motion to transfer of
the Attorney General in the appropriate district court of the
United States, if such court finds, after hearing, such
transfer would be in the interest of justice. In the
application of the preceding sentence, if the crime of violence
is an offense under section 113(a), 113(b), 113(c), 1111, 1113,
or, if the juvenile possessed a firearm during the offense,
section 2111, 2113, 2241(a), or 2241(c), ``thirteen'' shall be
substituted for ``fifteen'' and ``thirteenth'' shall be
substituted for ``fifteenth''. Notwithstanding sections 1152
and 1153, no person subject to the criminal jurisdiction of an
Indian tribal government shall be subject to the preceding
sentence for any offense the Federal jurisdiction for which is
predicated solely on Indian country (as defined in section
1151), and which has occurred within the boundaries of such
Indian country, unless the governing body of the tribe has
elected that the preceding sentence have effect over land and
persons subject to its criminal jurisdiction. However, a
juvenile who is alleged to have committed an act after his
sixteenth birthday which if committed by an adult would be a
felony offense that has as an element thereof the use,
attempted use, or threatened use of physical force against the
person of another, or that, by its very nature, involves a
substantial risk that physical force against the person of
another may be used in committing the offense, or would be an
offense described in section 32, 81, 844(d), (e), (f), (h), (i)
or 2275 of this title, subsection (b)(1)(A), (B), or (C), (d),
or (e) of section 401 of the Controlled Substances Act, or
section 1002(a), 1003, 1009, or 1010(b)(1), (2), or (3) of the
Controlled Substances Import and Export Act (21 U.S.C. 952(a),
953, 959, 960(b)(1), (2), (3)), and who has previously been
found guilty of an act which if committed by an adult would
have been one of the offenses set forth in this paragraph or an
offense in violation of a State felony statute that would have
been such an offense if a circumstance giving rise to Federal
jurisdiction had existed, shall be transferred to the
appropriate district court of the United States for criminal
prosecution.
Evidence of the following factors shall be considered, and
findings with regard to each factor shall be made in the
record, in assessing whether a transfer would be in the
interest of justice: the age and social background of the
juvenile; the nature of the alleged offense; the extent and
nature of the juvenile's prior delinquency record; the
juvenile's present intellectual development and psychological
maturity; the nature of past treatment efforts and the
juvenile's response to such efforts; the availability of
programs designed to treat the juvenile's behavioral problems.
In considering the nature of the offense, as required by this
paragraph, the court shall consider the extent to which the
juvenile played a leadership role in an organization, or
otherwise influenced other persons to take part in criminal
activities, involving the use or distribution of controlled
substances or firearms. Such a factor, if found to exist, shall
weigh in favor of a transfer to adult status, but the absence
of this factor shall not preclude such a transfer.
Reasonable notice of the transfer hearing shall be given to
the juvenile, his parents, guardian, or custodian and to his
counsel. The juvenile shall be assisted by counsel during the
transfer hearing, and at every other critical stage of the
proceedings.
Once a juvenile has entered a plea of guilty or the
proceeding has reached the stage that evidence has begun to be
taken with respect to a crime or an alleged act of juvenile
delinquency subsequent criminal prosecution or juvenile
proceedings based upon such alleged act of delinquency shall be
barred.
Statements made by a juvenile prior to or during a transfer
hearing under this section shall not be admissible at
subsequent criminal prosecutions.
Whenever a juvenile transferred to district court under this
section is not convicted of the crime upon which the transfer
was based or another crime which would have warranted transfer
had the juvenile been initially charged with that crime,
further proceedings concerning the juvenile shall be conducted
pursuant to the provisions of this chapter.
A juvenile shall not be transferred to adult prosecution nor
shall a hearing be held under section 5037 (disposition after a
finding of juvenile delinquency) until any prior juvenile court
records of such juvenile have been received by the court, or
the clerk of the juvenile court has certified in writing that
the juvenile has no prior record, or that the juvenile's record
is unavailable and why it is unavailable.
Whenever a juvenile is adjudged delinquent pursuant to the
provisions of this chapter, the specific acts which the
juvenile has been found to have committed shall be described as
part of the official record of the proceedings and part of the
juvenile's official record.
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TITLE 28, UNITED STATES CODE
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PART II--DEPARTMENT OF JUSTICE
* * * * * * *
CHAPTER 31--THE ATTORNEY GENERAL
Sec.
501. Executive department.
* * * * * * *
530E. Inventory and index of Federal criminal offenses.
* * * * * * *
Sec. 530E. Inventory and index of Federal criminal offenses
The Attorney General shall--
(1) develop, maintain, and keep up to date a current
inventory and current subject matter index of all
Federal criminal offenses, including violations of
agency rules or regulations that by Federal statute
constitute or define Federal criminal offenses;
(2) design the inventory and index to which paragraph
(1) refers to include the text of all Federal criminal
offenses to which paragraph (1) refers and otherwise to
maximize its usefulness to members of the public
seeking to ensure their compliance with Federal
criminal statutes and attorneys advising members of the
public with respect to such compliance; and
(3) beginning not later than one year after the date
of enactment of this section, make available to the
public at no charge, through the Internet and by such
other means as the Attorney General determines
appropriate, the inventory and index to which paragraph
(1) refers.
* * * * * * *
[all]