[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1772 Introduced in House (IH)]
111th CONGRESS
1st Session
H. R. 1772
To modernize, shorten, and simplify the Federal criminal code.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 26, 2009
Mr. Sensenbrenner introduced the following bill; which was referred to
the Committee on the Judiciary
_______________________________________________________________________
A BILL
To modernize, shorten, and simplify the Federal criminal code.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Criminal Code Modernization and
Simplification Act of 2009''.
SEC. 2. REVISION OF PART I OF TITLE 18, UNITED STATES CODE.
Part I of title 18, United States Code, is to read as follows:
``PART I--GENERAL PROVISIONS AND OFFENSES
``Chapter
Section
``1. Definitions.................................................. 1
``3. Criminal responsibility...................................... 2
``5. Other general provisions..................................... 21
``10. Violent crimes against persons.............................. 101
``13. Sex crimes.................................................. 201
``15. National security and related crimes........................ 261
``17. Drug crimes................................................. 401
``19. Organized crime............................................. 501
``21. Arson, firearms, explosives, and weapons crimes............. 571
``23. Theft and related crimes.................................... 641
``25. Fraud and false statement crimes............................ 771
``27. Crimes related to Federal Government responsibilities....... 851
``29. Crimes related to protection of Government functions and
integrity......................................................... 991
``31. International law crimes.................................... 1251
``33. Transportation related crimes............................... 1301
``35. Regulatory crimes........................................... 1371
``37. Privacy..................................................... 1481
``50. Forfeiture.................................................. 2501
``CHAPTER 1--DEFINITIONS
``Sec.
``1. Definitions for title.
``Sec. 1. Definitions for title
``In this title, the following definitions apply unless otherwise
provided:
``The term `agency' means 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.
``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 or sensory faculty; or
``(E) any other injury to the body, no matter how
temporary.
``The term `child' means an individual who is less than 18
years of age.
``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.
``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.
``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 `facility of interstate or foreign commerce'
includes a means of transportation and communication in or
affecting interstate or foreign commerce;
``The term `Federal health care offense' means a violation
of--
``(A) section 656, 792, 806, or 1141;
``(B) section 504, 651, 653, 772, 782, 801, 803, or
1017 if the violation relates to a health care benefit
program.
``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.
``The term `foreign commerce' means commerce with a foreign
country.
``The term `foreign government'except in sections 102, 112,
121, 144, or 959, 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.
``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.
``The term `interstate commerce' means commerce between two
States.
``The term `national of the United States' has the meaning
given in section 101(a)(22) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(22)).
``The term `national bank' is synonymous with `national
banking association'.
``The term `obligation or other security of any foreign
government' includes uncanceled stamps, whether or not
demonetized.
``The term `organization' means a person other than an
individual.
``The term `person' and the term `whoever', unless the
context otherwise requires, include any entity capable of
holding a legal or beneficial interest in property as well as
an individual, and where used as a victim of an offense,
includes a government.
``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.
``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.
``The term `serious bodily injury' means--
``(A) bodily injury which involves--
``(i) a substantial risk of death or
unconsciousness;
``(ii) extreme physical pain;
``(iii) protracted and obvious disfigurement;
or
``(iv) protracted loss or impairment of the
function of a bodily member, organ, or mental
or sensory faculty; or
``(B) conduct that, had it occurred in the special
maritime or territorial jurisdiction of the United
States, would have violated subchapter A of chapter 13.
``The term `special maritime and territorial jurisdiction of
the United States' means the following:
``(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 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.
``(E) 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.
``(F) Any place outside the jurisdiction of any
nation with respect to an offense by or against a
national of the United States.
``(G) 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.
``(H) With respect to offenses committed by or
against a national of the United States--
``(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.
Nothing in clause (ii) supersedes any treaty or
international agreement. Clause (ii) does not apply
with respect to an offense committed by a person
described in section 3261(a).
``The term `State' means a State of the United States, the
District of Columbia, or any commonwealth, territory,
possession of the United States.
``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
or sensory faculty.
``The term `United States', unless the context otherwise
requires, includes all places and waters, continental or
insular, subject to the jurisdiction of the United States.
``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.
``CHAPTER 3--CRIMINAL RESPONSIBILITY
``Sec.
``2. Principals.
``3. Accessory after the fact.
``4. Misprision of felony.
``5. Conspiracy.
``6. Attempt.
``7. Solicitation to commit a crime of violence.
``Sec. 2. Principals
``(a) Generally.--Whoever commits an offense against the United
States or aids, abets, counsels, commands, induces, or procures its
commission, is punishable as a principal.
``(b) For Conduct of Others.--Whoever intentionally causes conduct by
another that is an offense against the United States, is punishable as
a principal for that offense.
``Sec. 3. Accessory after the fact
``(a) Offense.--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) Punishment.--Except as otherwise expressly provided by 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
offense against 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 imprisoned not
more than three years.
``Sec. 5. Conspiracy
``Unless otherwise provided by law, if two or more persons conspire
to commit any offense against the United States, and one or more of
such persons do any act to effect the object of the conspiracy, each
shall be punished for the offense which is the object of the
conspiracy.
``Sec. 6. Attempt
``(a) General Rule.--Unless otherwise provided by law, whoever
attempts to commit an offense shall be punished as is provided for the
completed offense.
``(b) Exceptions.--Subsection (a) does not apply to any provision
that specifically exempts itself from the application of this section.
``Sec. 7. Solicitation to commit a crime of violence
``(a) Offense.--Whoever, with intent that another person engage in a
Federal offense that is a felony crime of violence and under
circumstances strongly corroborative of that intent, solicits such
other person to engage in that offense, shall be imprisoned not more
than one-half the maximum term of imprisonment or (notwithstanding
section 3571) fined not more than one-half of the maximum fine
prescribed for the punishment of the crime solicited, or both; or if
the crime solicited is punishable by life imprisonment or death, shall
be imprisoned for not more than 20 years.
``(b) Affirmative Defense.--It is an affirmative defense to a
prosecution under this section that, under circumstances manifesting a
voluntary and complete renunciation of his criminal intent, the
defendant prevented the commission of the crime solicited. A
renunciation is not `voluntary and complete' if it is motivated in
whole or in part by a decision to postpone the commission of the crime
until another time or to substitute another victim or another but
similar objective.
``(c) Limitation on Defenses.--It is not a defense to a prosecution
under this section that the person solicited could not be convicted of
the crime because that person lacked the state of mind required for its
commission, was incompetent or irresponsible, or is immune from
prosecution, or not subject to, prosecution.
``CHAPTER 5--OTHER GENERAL PROVISIONS
``Subchapter
Sec.
``A. Defenses..................................................... 21
``B. General rules pertaining to criminal offenses................ 31
``SUBCHAPTER A--DEFENSES
``Sec.
``21. Affirmative defenses.
``22. Insanity defense.
``Sec. 21. Affirmative defenses
``If a provision of law provides an affirmative defense to a
prosecution for an offense, the defendant must prove the elements of
that defense by a preponderance of the evidence.
``Sec. 22. 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.
``SUBCHAPTER B--GENERAL RULES PERTAINING TO CRIMINAL OFFENSES
``Sec.
``31. Non-preemption.
``Sec. 31. 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.
``CHAPTER 10--VIOLENT CRIMES AGAINST PERSONS
``Subchapter
Sec.
``A. Homicide..................................................... 101
``B. Assault and related offenses................................. 111
``C. Kidnapping................................................... 121
``D. Threats against specially protected persons.................. 131
``E. Definitions and general provisions for subchapters A through
D................................................................. 136
``F. Robbery, extortion, and threats.............................. 141
``G. Extortionate credit transactions............................. 155
``H. Domestic violence............................................ 161
``I. Protection of unborn children................................ 171
``SUBCHAPTER A--HOMICIDE
``Sec.
``101. Homicide.
``102. Federally punishable homicides.
``103. Penalties for murders punishable under section 102; attempts and
conspiracies.
``104. Penalties for manslaughters punishable under section 102;
attempts.
``105. Misconduct or neglect of ship officers.
``Sec. 101. Homicide
``Unless otherwise provided by Act of Congress, if a Federal law
makes the killing of a human being an offense, the following categories
shall apply with respect to that offense:
``(1) Murder.--
``(A) Elements of offense.--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) Definitions.--In this paragraph--
``(i) the term `assault' means conduct that consists
an assault as described in section 111;
``(ii) the term `child' means a child who is under
the perpetrator's care or control or at least six years
younger than the perpetrator;
``(iii) the term `child abuse' means intentionally
causing death or serious bodily injury to a child;
``(iv) the term `pattern or practice of assault or
torture' means assault or torture engaged in on at
least two occasions; and
``(v) the term `torture' means conduct, whether or
not committed under the color of law, that otherwise
satisfies the definition of that term set forth in
section 1293.
``(2) Manslaughter.--Manslaughter is the unlawful killing of a human
being without malice. It is of two kinds:
``(A) Voluntary.--Upon a sudden quarrel or heat of passion.
``(B) Involuntary.--In the commission of an unlawful act not
amounting to a felony, or in the commission in an unlawful
manner, or without due caution and circumspection, of a lawful
act which might produce death.
``Sec. 102. Federally punishable homicides
``In addition to any other homicides made punishable by law, the
following are Federal offenses:
``(1) Special maritime and territorial jurisdiction.--A
killing in the special maritime and territorial jurisdiction of
the United States.
``(2) Officers and employees and former officers and
employees of the united states.--A killing of any officer or
employee, or any former officer or employee, of the United
States or of any agency in any branch of the United States
Government (including any member of the uniformed services)
while such officer or employee is engaged in or on account of
the performance of official duties, or any individual assisting
such an officer or employee in the performance of such duties
or on account of that assistance.
``(3) Family members of officers and employees and former
officers and employees of the united states.--A killing, with
the intent to impede, intimidate, or interfere with an
individual described in paragraph (2) while that individual is
engaged in the performance of official duties, or with intent
to retaliate against such individual on account of the
performance of official duties of that individual, of a member
of that indvidual's family.
``(4) Foreign officials, official guests, and internationally
protected persons.--A killing of a foreign official, official
guest, or internationally protected person.
``(5) By national of the united states abroad.--A killing, by
a national of the United States, of a national of the United
States while the victim is outside the United States but within
the jurisdiction of another country.
``(6) Killings by escaped prisoners.--A killing of a person
by an individual who has escaped from a Federal correctional
institution where the individual was confined under a sentence
for a term of life imprisonment.
``(7) Congressional, cabinet, and supreme court
assassination.--A killing of an individual who is a Member of
Congress or a Member-of-Congress-elect, a member of the
executive branch of the Government who is the head, or a person
nominated to be head during the pendency of such nomination, of
a department listed in section 101 of title 5 or the second
ranking official in such department, the Director (or a person
nominated to be Director during the pendency of such
nomination) or Deputy Director of Central Intelligence, or a
Justice of the United States, as defined in section 451 of
title 28, or a person nominated to be a Justice of the United
States, during the pendency of such nomination.
``(8) Presidential and presidential staff assassination.--A
killing of an individual who is--
``(A) the President of the United States, the
President-elect, the Vice President, or, if there is no
Vice President, the officer next in the order of
succession to the Office of the President of the United
States, the Vice President-elect, or any person who is
acting as President under the Constitution and laws of
the United States;
``(B) a major Presidential or Vice Presidential
candidate (as defined in section 3056 of this title);
or
``(C) a person appointed under section 105(a)(2)(A)
of title 3 employed in the Executive Office of the
President or appointed under section 106(a)(1)(A) of
title 3 employed in the Office of the Vice President.
``(9) Of national abroad.--The killing of an individual
outside the United States who is a national of the United
States.
``(10) Killings by prisoner.--The killing of another by a
person confined under a sentence of life imprisonment in a
Federal correctional facility.
``Sec. 103. Penalties for murders punishable under section 102;
attempts and conspiracies
``(a) Murder.--A murder that is an offense under section 102 is
punishable by--
``(1) death or imprisonment for life for first degree murder;
and
``(2) imprisonment for any term of years or for life for
second degree murder.
``(b) Attempted Murder.--
``(1) Generally.--Except as provided in paragraph (2),
whoever attempts to commit a murder that is an offense under
section 102 shall be imprisoned not more than 20 years.
``(2) Special rule relating to congressional, cabinet, and
supreme court assassinations and presidential and presidential
staff assassinations.--If the offense attempted is against an
individual described in paragraph (9) or (10) of section 102
the penalty is imprisonment for any term of years or for life.
``(c) Conspiracy to Murder.--If two or more persons conspire to
commit an offense under section 102 and one or more of such persons do
any overt act to effect the object of the conspiracy, each shall be
punished by imprisonment for any term of years or for life, but in the
case of a conspiracy to commit an offense against a individual
described in paragraph (9) or (10) of section 102, if death results to
the individual whose killing was the object of the conspiracy, the
penalty is death or imprisonment for any term of years or for life.
``Sec. 104. Penalties for manslaughters punishable under section 102;
attempts
``(a) Penalty for Manslaughter.--A manslaughter that is an offense
under section 102 is punishable by--
``(1) imprisonment for not more than ten years, for voluntary
manslaughter; and
``(2) imprisonment for not more than six years, for
involuntary manslaughter.
``(b) Attempted Manslaughter.--Whoever attempts to commit a
manslaughter that would be punishable under section 102 shall be
imprisoned not more than 7 years.
``Sec. 105. Misconduct or neglect of ship officers
``(a) Officers.--Every captain, engineer, pilot, or other person
employed on any steamboat or vessel, by whose misconduct, negligence,
or inattention to his duties on such vessel the life of any person is
destroyed, and every owner, charterer, inspector, or other public
officer, through whose fraud, neglect, connivance, misconduct, or
violation of law the life of any person is destroyed, shall be
imprisoned not more than ten years.
``(b) Owners.--When the owner or charterer of any steamboat or vessel
is a corporation, any executive officer of such corporation, for the
time being actually charged with the control and management of the
operation, equipment, or navigation of such steamboat or vessel, who
has knowingly caused or allowed such fraud, neglect, connivance,
misconduct, or knowing violation of law, by which the life of any
person is destroyed, shall be imprisoned not more than ten years.
``SUBCHAPTER B--ASSAULT AND RELATED OFFENSES
``Sec.
``111. Assault.
``112. Individuals federally protected from assault.
``113. Interference with Federal officers and employees.
``114. Domestic assault by an habitual offender.
``Sec. 111. Assault
``Unless otherwise provided by Act of Congress, if a Federal law
prohibits an assault against an individual, the following punishments
shall apply with respect to that offense:
``(1) Assault with intent to commit murder, a felony under
subchapter (A) of chapter 10, or with intent to maim,
disfigure, or torture, by imprisonment for not more than 20
years.
``(2) Assault with intent to commit any felony, except murder
or a felony under subchapter (A) of chapter 10, by imprisonment
for not more than ten years.
``(3) Assault with a dangerous weapon, with intent to do
bodily harm, and without just cause or excuse, by imprisonment
for not more than ten years.
``(4) Assault resulting in serious bodily injury, by
imprisonment for not more than ten years.
``(5) Assault resulting in substantial bodily injury to an
individual who has not attained the age of 16 years, by
imprisonment for not more than 5 years.
``(6) Assault by striking, beating, or wounding, by
imprisonment for not more than six months.
``(7) Simple assault, by imprisonment for not more than six
months, or if the victim of the assault is an individual who
has not attained the age of 16 years, by imprisonment for not
more than 1 year.
``Sec. 112. Individuals federally protected from assault
``It is an offense to assault any individual whose killing is a
Federal offense under section 102.
``Sec. 113. Interference with Federal officers and employees
``Whoever interferes with any officer or employee of the United
States or of any agency in any branch of the United States Government
(including any member of the uniformed services) while such officer or
employee is engaged in or on account of the performance of official
duties, or any individual assisting such an officer or employee in the
performance of such duties or on account of that assistance while that
person is engaged in, or on account of, the performance, official
duties shall be imprisoned not more than one year.
``Sec. 114. Domestic assault by an habitual offender
``(a) In General.--Whoever commits a domestic assault within the
special maritime and territorial jurisdiction of the United States or
Indian country and who has a final conviction on at least 2 separate
prior occasions in Federal, State, or Indian tribal court proceedings
for offenses that would be, if subject to Federal jurisdiction--
``(1) any assault, sexual abuse, or serious violent felony
against a spouse or intimate partner; or
``(2) an offense under chapter 110A,
shall be imprisoned for a term of not more than 5 years, but if
substantial bodily injury results from the offense under this section,
the offender shall be imprisoned for a term of not more than 10 years.
``(b) Domestic Assault Defined.--In this section, the term `domestic
assault' means an assault committed by a current or former spouse,
parent, child, or guardian of the victim, by a person with whom the
victim shares a child in common, by a person who is cohabitating with
or has cohabitated with the victim as a spouse, parent, child, or
guardian, or by a person similarly situated to a spouse, parent, child,
or guardian of the victim.
``SUBCHAPTER C--KIDNAPPING
``Sec.
``121. Kidnapping.
``122. Ransom money.
``123. Hostage taking.
``124. International parental kidnapping.
``Sec. 121. Kidnapping
``(a) Basic Offense.--Except in the case of a child by the parent
thereof, whoever, as made applicable by subsection (b), kidnaps an
individual shall be imprisoned any term of years or for life and, if
death results to any individual, shall be punished by death or life
imprisonment.
``(b) Circumstances Required.--Subsection (a) applies if--
``(1) the victim or the victim's body is transported in
interstate or foreign commerce, regardless of whether the
victim was alive when transported across a State boundary if
the victim was alive when the transportation began; or
``(2) the victim is an individual whose killing is a Federal
offense under section 102.
``(c) Presumption.--With respect to a violation of subsection (a),
based on the circumstance described in subsection (b)(1), the failure
to release the victim within 24 hours after the victim was kidnapped
creates a rebuttable presumption that the victim has been transported
in interstate or foreign commerce. However, the fact that the
presumption under this section has not yet taken effect does not
preclude a Federal investigation of a possible violation of this
section.
``(d) Conspiracy Penalty.--If two or more persons conspire to violate
subsection (a) and one or more of such persons do any overt act to
effect the object of the conspiracy, each shall be punished by
imprisonment for any term of years or for life. If the individual whose
kidnapping was the object of the conspiracy is an individual listed in
paragraph (9) or (10) of section 102, the death penalty may be imposed
if death results.
``(e) Attempts.--Whoever attempts to violate subsection (a) shall be
punished by imprisonment for not more than 20 years but if the
individual whose kidnapping was attempted is described in paragraph (9)
or (10) of section 102, the offender shall be imprisoned for any term
of years or for life.
``(f) Special Rule for Certain Offenses Involving Children.--If the
victim of an offense under this section is a child and the offender--
``(1) is not a child; and
``(2) is not--
``(A) a parent;
``(B) a grandparent;
``(C) a brother;
``(D) a sister;
``(E) an aunt;
``(F) an uncle; or
``(G) an individual having legal custody of the
victim;
the sentence under this section for such offense shall include
imprisonment for not less than 20 years.
``(g) Definition for Section.--As used in this section, the term
`parent' does not include a person whose parental rights with respect
to the victim of an offense under this section have been terminated by
a final court order.
``Sec. 122. Ransom money
``(a) Federal.--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
121, knowing it to be such, shall be imprisoned not more than ten
years.
``(b) State.--Whoever 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.
``Sec. 123. Hostage taking
``(a) Offense.--Except as provided in subsection (b) of this section,
whoever, whether inside or outside the United States, seizes or detains
and threatens to kill, to injure, or to continue to detain another
person in order to compel a third person or a governmental organization
to do or abstain from doing any act as an explicit or implicit
condition for the release of the person detained shall be punished by
imprisonment for any term of years or for life and, if the death of any
person results, shall be punished by death or life imprisonment.
``(b) Exclusions.--
``(1) It is not an offense under this section if the conduct
required for the offense occurred outside the United States
unless--
``(A) the offender or the person seized or detained
is a national of the United States;
``(B) the offender is found in the United States; or
``(C) the governmental organization sought to be
compelled is the Government of the United States.
``(2) It is not an offense under this section if the conduct
required for the offense occurred inside the United States,
each alleged offender and each person seized or detained are
nationals of the United States, and each alleged offender is
found in the United States, unless the governmental
organization sought to be compelled is the Government of the
United States.
``Sec. 124. International parental kidnapping
``(a) Offense.--Whoever removes a child from the United States, or
attempts to do so, or retains a child (who has been in the United
States) outside the United States with intent to obstruct the lawful
exercise of parental rights shall be imprisoned not more than 3 years.
``(b) Definitions.--As used in this section--
``(1) the term `child' means a person who has not attained
the age of 16 years; and
``(2) the term `parental rights', with respect to a child,
means the right to physical custody of the child--
``(A) whether joint or sole (and includes visiting
rights); and
``(B) whether arising by operation of law, court
order, or legally binding agreement of the parties.
``(c) Affirmative Defense.--It is an affirmative defense under this
section that--
``(1) the defendant acted within the provisions of a valid
court order granting the defendant legal custody or visitation
rights and that order was obtained pursuant to the Uniform
Child Custody Jurisdiction Act or the Uniform Child Custody
Jurisdiction and Enforcement Act and was in effect at the time
of the offense;
``(2) the defendant was fleeing an incidence or pattern of
domestic violence; or
``(3) the defendant had physical custody of the child
pursuant to a court order granting legal custody or visitation
rights and failed to return the child as a result of
circumstances beyond the defendant's control, and the defendant
notified or made reasonable attempts to notify the other parent
or lawful custodian of the child of such circumstances within
24 hours after the visitation period had expired and returned
the child as soon as possible.
``(d) Effect on Hague Convention.--This section does not limit The
Hague Convention on the Civil Aspects of International Parental Child
Abduction, done at The Hague on October 25, 1980.
``SUBCHAPTER D--THREATS AGAINST SPECIALLY PROTECTED PERSONS
``Sec.
``131. Threats against officers or employees of the United States, and
other specially protected persons.
``Sec. 131. Threats against officers or employees of the United States,
and other specially protected persons
``Whoever threatens to kill, kidnap, or inflict bodily harm upon--
``(1) an individual described in paragraph (2) or (3) of
section 102 on account of the performance of official duties;
``(2) an individual described in paragraph (4), (7), or (8)
of section 102;
``(3) a former President of the United States;
``(4) a member of the immediate family of the President, the
President-elect, the Vice President, or the Vice President-
elect;
``(5) a major candidate for the office of President or Vice
President, or a member of the immediate family of such
candidate; or
``(6) a person protected by the Secret Service under section
3056(a)(6);
shall be imprisoned not more than 10 years.
``SUBCHAPTER E--DEFINITIONS AND GENERAL PROVISIONS FOR SUBCHAPTERS A
THROUGH D
``Sec.
``136. Definitions for subchapters A through D.
``137. Special rules relating to offenses against certain types of
victims.
``Sec. 136. Definitions for subchapters A through D
``Unless otherwise provided, in subchapters A through D, the
following definitions apply:
``(1) The term `family' with respect to an individual,
means--
``(A) a spouse, parent, brother or sister, child, or
person to whom the individual stands in loco parentis;
or
``(B) any other person living in the individual's
household and related to the individual by blood or
marriage.
``(2) The term `foreign government' means the government of a
foreign country, irrespective of recognition by the United
States.
``(3) The term `foreign official' means--
``(A) a Chief of State or the political equivalent,
President, Vice President, Prime Minister, Ambassador,
Foreign Minister, or other officer of Cabinet rank or
above of a foreign government or the chief executive
officer of an international organization, or any person
who has previously served in such capacity, and any
member of his family, while in the United States; or
``(B) any person of a foreign nationality who is duly
notified to the United States as an officer or employee
of a foreign government or international organization,
and who is in the United States on official business,
and any member of that person's family whose presence
in the United States is in connection with the presence
of such officer or employee.
``(4) The term `internationally protected person' means an
individual who is--
``(A) a Chief of State or the political equivalent,
head of government, or Foreign Minister whenever such
person is in a country other than his own and any
member of that individual's family accompanying that
individual; or
``(B) any other representative, officer, employee, or
agent of the United States Government, a foreign
government, or international organization who at the
time and place concerned is entitled pursuant to
international law to special protection against attack
upon his person, freedom, or dignity, and any member of
that individual's family then forming part of his
household.
``(5) 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.
``(6) The term `official guest' means a citizen or national
of a foreign country present in the United States as an
official guest of the Government of the United States pursuant
to designation as such by the Secretary of State.
``(7) The terms `President-elect' and `Vice President-elect'
mean those persons who are the apparently successful candidates
for the offices of President and Vice President, respectively,
as ascertained from the result of the general elections held to
determine the electors of President and Vice President under
sections 1 and 2 of title 3.
``Sec. 137. Special rules relating to offenses against certain types of
victims
``(a) Extraterritorial Jurisdiction.--
``(1) Presidential and congressional victims.--There is
extraterritorial jurisdiction over an offense under any of
subchapters A through D against a victim described in paragraph
(9) or (10) of section 102.
``(2) Internationally protected persons.--There is
extraterritorial jurisdiction over an offense under any of
subchapters A through D the victim of which is an
internationally protected person outside the United States,
if--
``(A) the victim is a representative, officer,
employee, or agent of the United States;
``(B) an offender is a national of the United States;
or
``(C) an offender is afterwards found in the United
States.
``(b) Use of Military With Respect to Certain Offenses.--With respect
to an offense under this chapter, or an attempt or conspiracy to commit
such an offense, if an element of the offense is that the victim be
individual described in paragraph (9) or (10) of section 102, a foreign
official, an internationally protected person, or an official guest,
the Attorney General may request assistance from any Federal, State, or
local agency, including the Army, Navy, and Air Force.
``(c) Special Provisions Relating to Offenses Involving Presidential
or Congressional Victims.--With respect to an offense under paragraph
(9) or (10) of section 102--
``(1) if Federal investigative or prosecutive jurisdiction is
asserted, that assertion suspends the exercise of jurisdiction
by a State or local authority, under any applicable State or
local law, until Federal action is terminated;
``(2) the Federal Bureau of Investigation shall have
investigative authority; and
``(3) in a prosecution, the Government need not prove that
the defendant knew that the victim of the offense was an
individual who is protected by that paragraph.
``(d) Approval Required for Prosecutions Relating to United States
Nationals Killed Overseas.--
``(1) Approval required.--No prosecution may be instituted
against any person under section 101(a)(5) except upon the
written approval of the Attorney General, the Deputy Attorney
General, or an Assistant Attorney General, which function of
approving prosecutions may not be delegated. No prosecution
shall be approved if prosecution has been previously undertaken
by a foreign country for the same conduct.
``(2) Basis for approval.--No prosecution shall be approved
under this subsection unless the Attorney General, in
consultation with the Secretary of State, determines that the
conduct took place in a country in which the person is no
longer present, and the country lacks the ability to lawfully
secure the person's return. A determination by the Attorney
General under this paragraph is not subject to judicial review.
``(e) Certification of Terrorism Relation Required for Certain
Prosecutions Relating to Killing or Attacking Nationals of the United
States Abroad.--No prosecution for any offense described in section
102(11) or 116 shall be undertaken by the United States except on
written certification of the Attorney General or the highest ranking
subordinate of the Attorney General with responsibility for criminal
prosecutions that, in the judgment of the certifying official, such
offense was intended to coerce, intimidate, or retaliate against a
government or a civilian population.
``SUBCHAPTER F--ROBBERY, EXTORTION, AND RELATED THREATS
``Sec.
``141. Robbery in special maritime and territorial jurisdiction.
``142. Robbery of personal property of United States.
``143. Bank robbery and incidental crimes.
``144. Communication of ransom demands and other threatening
communications in or affecting commerce.
``145. Extortion by officers or employees of the United States.
``146. Receiving the proceeds of extortion.
``Sec. 141. Robbery in special maritime and territorial jurisdiction
``Whoever, within the special maritime and territorial jurisdiction
of the United States, by force and violence, or by intimidation, takes
or attempts to take from the person or presence of another anything of
value, shall be imprisoned not more than 15 years.
``Sec. 142. Robbery of personal property of United States
``Whoever robs or attempts to rob another of any kind or description
of personal property belonging to the United States, shall be
imprisoned not more than 15 years.
``Sec. 143. Bank robbery and incidental crimes
``(a) Aggravated Offense.--Whoever--
``(1) by force and violence, or by intimidation, takes, or
attempts to take, from the person or presence of another, or
obtains or attempts to obtain by extortion any property or
money or any other thing of value belonging to, or in the care,
custody, control, management, or possession of, any bank,
credit union, or any savings and loan association; or
``(2) enters or attempts to enter any bank, credit union, or
any savings and loan association, or any building used in whole
or in part as a bank, credit union, or as a savings and loan
association, with intent to commit in such bank, credit union,
or in such savings and loan association, or building, or part
thereof, so used, any felony affecting such bank, credit union,
or such savings and loan association and in violation of any
statute of the United States, or any larceny;
shall be imprisoned not more than 20 years.
``(b) Taking and Carrying Away Property Over $1,000 in Value.--
Whoever takes and carries away, with intent to steal or purloin any
property or money or any other thing of value exceeding $1,000
belonging to, or in the care, custody, control, management, or
possession of any bank, credit union, or any savings and loan
association, shall be imprisoned not more than ten years.
``(c) Taking and Carrying Away Property of $1,000 or less in Value.--
Whoever takes and carries away, with intent to steal or purloin, any
property or money or any other thing of value not exceeding $1,000
belonging to, or in the care, custody, control, management, or
possession of any bank, credit union, or any savings and loan
association, shall be imprisoned not more than one year.
``(c) Receiving Stolen Bank Property.--Whoever receives, possesses,
conceals, stores, barters, sells, or disposes of, any property or money
or other thing of value which has been taken or stolen from a bank,
credit union, or savings and loan association in violation of
subsection (b) or (c), knowing the same to be property which has been
stolen shall be subject to the punishment provided in subsection (b) or
(c) for the taker.
``(d) Assaulting Person or Placing Life in Jeopardy.--Whoever, in
committing, or in attempting to commit, any offense defined in
subsections (a) through (c), assaults any person, or puts in jeopardy
the life of any person by the use of a dangerous weapon or device,
shall be imprisoned not more than 25 years.
``(e) Killing and Kidnaping.--Whoever, in committing any offense
defined in this section, or in avoiding or attempting to avoid
apprehension for the commission of such offense, or in freeing himself
or attempting to free himself from arrest or confinement for such
offense, kills any person, or forces any person to accompany him
without the consent of such person, shall be imprisoned not less than
ten years, or if death results shall be punished by death or life
imprisonment.
``(f) Definitions.-- As used in this section--
``(1) the term `bank' means any member bank of the Federal
Reserve System, and any bank, banking association, trust
company, savings bank, or other banking institution organized
or operating under the laws of the United States, including 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 any institution the deposits of which
are insured by the Federal Deposit Insurance Corporation;
``(2) the term `credit union' means any Federal credit union
and any State-chartered credit union the accounts of which are
insured by the National Credit Union Administration Board, and
any `Federal credit union' as defined in section 2 of the
Federal Credit Union Act;
``(3) the term `State-chartered credit union' includes a
credit union chartered under the laws of a State; and
``(4) the term `savings and loan association' means--
``(A) a Federal savings association or State savings
association (as defined in section 3(b) of the Federal
Deposit Insurance Act (12 U.S.C. 1813(b))) having
accounts insured by the Federal Deposit Insurance
Corporation; and
``(B) a corporation described in section 3(b)(1)(C)
of the Federal Deposit Insurance Act (12 U.S.C.
1813(b)(1)(C)) that is operating under the laws of the
United States.
``Sec. 144. Communication of ransom demands and other threatening
communications in or affecting commerce
``(a) Kidnap Ransom.--Whoever knowingly transmits, in or affecting
interstate or foreign commerce, any communication containing any demand
or request for a ransom or reward for the release of any kidnapped
person shall be imprisoned not more than 20 years.
``(b) Threats To Kidnap or Injure.--Whoever, with intent to extort
from any person any money or other thing of value, knowingly transmits,
in or affecting interstate commerce, any communication containing any
threat to kidnap any person or any threat to injure the person of
another, shall be imprisoned not more than 20 years.
``(d) Threats to Property or Reputation With Intent to Extort.--
Whoever, with intent to extort from any person any money or other thing
of value, knowingly transmits, in or affecting interstate or foreign
commerce, any communication containing any threat--
``(1) to injure the property or reputation of another or the
reputation of a deceased person; or
``(2) to accuse another of a crime;
shall be or imprisoned not more than 10 years.
``Sec. 145. Extortion by officers or employees of the United States
``Whoever, being an officer, or employee of the United States or any
department or agency thereof, or representing oneself to be or assuming
to act as such, under color or pretense of office or employment commits
or attempts an act of extortion, shall be imprisoned not more than
three years; but if the amount so extorted or demanded does not exceed
$1,000, the offender shall be imprisoned not more than one year.
``Sec. 146. Receiving the proceeds of extortion
``Whoever receives, possesses, conceals, or disposes of any money or
other property which was obtained from the commission of any offense
under this subchapter that is punishable by imprisonment for more than
1 year, knowing the same to have been unlawfully obtained, shall be
imprisoned not more than 3 years.
``SUBCHAPTER G--EXTORTIONATE CREDIT TRANSACTIONS
``Sec.
``155. Making extortionate extensions of credit.
``156. Financing extortionate extensions of credit.
``157. Collection of extensions of credit by extortionate means.
``158. Effect on State laws.
``159. Definitions and rules of construction.
``Sec. 155. Making extortionate extensions of credit
``(a) Offense.--Whoever makes any extortionate extension of credit
shall be imprisoned not more than 20 years.
``(b) Prima Facie Evidence of Extortionate Transaction.--In any
prosecution under this section, if it is shown that all of the
following factors were present in connection with the extension of
credit in question, there is prima facie evidence that the extension of
credit was extortionate:
``(1) The repayment of the extension of credit, or the
performance of any promise given in consideration thereof,
would be unenforceable, through civil judicial processes
against the debtor--
``(A) in the jurisdiction within which the debtor, if
a natural person, resided; or
``(B) in every jurisdiction within which the debtor,
if other than a natural person, was incorporated or
qualified to do business at the time the extension of
credit was made.
``(2) The extension of credit was made at a rate of interest
in excess of an annual rate of 45 per centum calculated
according to the actuarial method of allocating payments made
on a debt between principal and interest, pursuant to which a
payment is applied first to the accumulated interest and the
balance is applied to the unpaid principal.
``(3) At the time the extension of credit was made, the
debtor reasonably believed that either--
``(A) one or more extensions of credit by the
creditor had been collected or attempted to be
collected by extortionate means, or the nonrepayment
thereof had been punished by extortionate means; or
``(B) the creditor had a reputation for the use of
extortionate means to collect extensions of credit or
to punish the nonrepayment thereof.
``(4) Upon the making of the extension of credit, the total
of the extensions of credit by the creditor to the debtor then
outstanding, including any unpaid interest or similar charges,
exceeded $100.
``(c) Reputation Evidence.--In any prosecution under this section, if
evidence is introduced tending to show the existence of any of the
circumstances described in subsection (b)(1) or (b)(2), and direct
evidence of the actual belief of the debtor as to the creditor's
collection practices is not available, then for the purpose of showing
the understanding of the debtor and the creditor at the time the
extension of credit was made, the court may in its discretion allow
evidence to be introduced tending to show the reputation as to
collection practices of the creditor in any community of which the
debtor was a member at the time of the extension.
``Sec. 156. Financing extortionate extensions of credit
``Whoever knowingly advances money or property, whether as a gift, as
a loan, as an investment, pursuant to a partnership or profit-sharing
agreement, or otherwise, to any person, with reason to believe that it
is the intention of that person to use the money or property so
advanced directly or indirectly for the purpose of making extortionate
extensions of credit, shall be imprisoned not more than 20 years.
``Sec. 157. Collection of extensions of credit by extortionate means
``Whoever knowingly uses any extortionate means--
``(1) to collect or attempt to collect any extension of
credit; or
``(2) to punish any person for nonrepayment of an extension
of credit;
shall be imprisoned not more than 20 years.
``Sec. 158. Effect on State laws
``This subchapter does not preempt State law that would be
permissible in the absence of this subchapter.
``Sec. 159. Definitions and rules of construction
``As used in this subchapter:
``(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) 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.
``SUBCHAPTER H--DOMESTIC VIOLENCE
``Sec.
``161. Interstate domestic violence; interstate stalking; interstate
violations of custody orders.
``162. Pretrial release of defendant.
``163. Full faith and credit given to protection orders.
``164. Definitions.
``165. Repeat offenders.
``Sec. 161. Interstate domestic violence; interstate stalking;
interstate violations of custody orders
``(a) Offenses.--Whoever--
``(1) travels in interstate or foreign commerce or enters or
leaves Indian country or within the special maritime and
territorial jurisdiction of the United States with the intent
to kill, injure, harass, or intimidate a spouse, intimate
partner, or dating partner, and who, in the course of or as a
result of such travel, commits or attempts to commit a crime of
violence against that spouse, intimate partner, or dating
partner;
``(2) causes a spouse, intimate partner, or dating partner to
travel in interstate or foreign commerce or to enter or leave
Indian country or within the special maritime and territorial
jurisdiction of the United States by force, coercion, duress,
or fraud, and who, in the course of, as a result of, or to
facilitate such conduct or travel, commits or attempts to
commit a crime of violence against that spouse, intimate
partner, or dating partner;
``(3) travels in interstate or foreign commerce or within the
special maritime and territorial jurisdiction of the United
States, or enters or leaves Indian country, with the intent to
kill, injure, harass, or place under surveillance with intent
to kill, injure, harass, or intimidate another person, and in
the course of, or as a result of, such travel places that
person in reasonable fear of the death of, or serious bodily
injury to, or causes substantial emotional distress to that
person, a member of the immediate family (as defined in section
115) of that person, or the spouse or intimate partner of that
person; or
``(4) with the intent--
``(A) to kill, injure, harass, or place under
surveillance with intent to kill, injure, harass, or
intimidate, or cause substantial emotional distress to
a person in another State or tribal jurisdiction or
within the special maritime and territorial
jurisdiction of the United States; or
``(B) to place a person in another State or tribal
jurisdiction, or within the special maritime and
territorial jurisdiction of the United States, in
reasonable fear of the death of, or serious bodily
injury to--
``(i) that person;
``(ii) a member of the immediate family (as
defined in section 115 of that person; or
``(iii) a spouse or intimate partner of that
person;
uses the mail, any interactive computer service, or any
facility of interstate or foreign commerce to engage in a
course of conduct that causes substantial emotional distress to
that person or places that person in reasonable fear of the
death of, or serious bodily injury to, any of the persons
described in clauses (i) through (iii) of subparagraph (B);
``(5) travels in interstate or foreign commerce, or enters or
leaves Indian country, with the intent to engage in conduct
that violates the portion of a protection order that prohibits
or provides protection against violence, threats, or harassment
against, contact or communication with, or physical proximity
to, another person, or that would violate such a portion of a
protection order in the jurisdiction in which the order was
issued, and subsequently engages in such conduct; or
``(6) causes another person to travel in interstate or
foreign commerce or to enter or leave Indian country by force,
coercion, duress, or fraud, and in the course of, as a result
of, or to facilitate such conduct or travel engages in conduct
that violates the portion of a protection order that prohibits
or provides protection against violence, threats, or harassment
against, contact or communication with, or physical proximity
to, another person, or that would violate such a portion of a
protection order in the jurisdiction in which the order was
issued;
shall be punished as provided in subsection (b).
``(b) Punishment.--
``(1) In general.--Whoever violates subsection (a) shall be
imprisoned--
``(A) for life or any term of years, if death of the
victim results;
``(B) for not more than 20 years if permanent
disfigurement or life threatening bodily injury to the
victim results;
``(C) for not more than 10 years, if serious bodily
injury to the victim results or if the offender uses a
dangerous weapon during the offense;
``(D) as provided for the applicable conduct under
subchapter A of chapter 13 if the offense would
constitute an offense under that subchapter (without
regard to whether the offense was committed in the
special maritime and territorial jurisdiction of the
United States or in a Federal prison); and
``(E) for not more than 5 years, in any other case.
``(2) Special rule.--Whoever violates paragraph (3) or (4) of
subsection (a) in violation of a temporary or permanent civil
or criminal injunction, restraining order, no-contact order, or
other order described in section 164 shall be punished by
imprisonment for not less than 1 year.
``Sec. 162. Pretrial release of defendant
``In any proceeding pursuant to section 3142 for the purpose of
determining whether a defendant charged under this subchapter shall be
released pending trial, or for the purpose of determining conditions of
such release, the alleged victim shall be given an opportunity to be
heard regarding the danger posed by the defendant.
``Sec. 163. Full faith and credit given to protection orders
``(a) Full Faith and Credit.--Any protection order issued that is
consistent with subsection (b) of this section by the court of one
State or Indian tribe (the issuing State or Indian tribe) shall be
accorded full faith and credit by the court of another State or Indian
tribe, (the enforcing State or Indian tribe) and enforced by the court
and law enforcement personnel of the other State or Indian tribe as if
it were the order of the enforcing State or Indian tribe.
``(b) Protection Order.--A protection order issued by a State,
tribal, or territorial court is consistent with this subsection if--
``(1) such court has jurisdiction over the parties and matter
under the law of such State or Indian tribe; and
``(2) reasonable notice and opportunity to be heard is given
to the person against whom the order is sought sufficient to
protect that person's right to due process; and in the case of
ex parte orders, notice and opportunity to be heard must be
provided within the time required by State, tribal, or
territorial law, and in any event within a reasonable time
after the order is issued, sufficient to protect the
respondent's due process rights.
``(c) Cross or Counter Petition.--A protection order issued by a
State, tribal, or territorial court against one who has petitioned,
filed a complaint, or otherwise filed a written pleading for protection
against abuse by a spouse or intimate partner is not entitled to full
faith and credit if--
``(1) no cross or counter petition, complaint, or other
written pleading was filed seeking such a protection order; or
``(2) a cross or counter petition has been filed and the
court did not make specific findings that each party was
entitled to such an order.
``(d) Notification and Registration.--
``(1) Notification.--A State or Indian tribe according full
faith and credit to an order by a court of another State or
Indian tribe shall not notify or require notification of the
party against whom a protection order has been issued that the
protection order has been registered or filed in that enforcing
State, tribal, or territorial jurisdiction unless requested to
do so by the party protected under such order.
``(2) No prior registration or filing as prerequisite for
enforcement.--Any protection order that is otherwise consistent
with this section shall be accorded full faith and credit,
notwithstanding failure to comply with any requirement that the
order be registered or filed in the enforcing State, tribal, or
territorial jurisdiction.
``(3) Limits on internet publication of registration
information.--A State or Indian tribe shall not make available
publicly on the Internet any information regarding the
registration, filing of a petition for, or issuance of a
protection order, restraining order or injunction, restraining
order, or injunction in either the issuing or enforcing State,
tribal or territorial jurisdiction, if such publication would
be likely to publicly reveal the identity or location of the
party protected under such order. A State or Indian tribe may
share court-generated and law enforcement-generated information
contained in secure, governmental registries for protection
order enforcement purposes.
``(e) Tribal Court Jurisdiction.--For purposes of this section, a
tribal court shall have full civil jurisdiction to enforce protection
orders, including authority to enforce any orders through civil
contempt proceedings, exclusion of violators from Indian lands, and
other appropriate mechanisms, in matters arising within the authority
of the tribe.
``Sec. 164. Definitions
``As used in this subchapter--
``(1) the term `course of conduct' means a pattern of conduct
composed of 2 or more acts, demonstrating a continuity of
purpose;
``(2) the term `enter or leave Indian country' includes
leaving the jurisdiction of 1 tribal government and entering
the jurisdiction of another tribal government;
``(3) 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;
``(4) the term `spouse or intimate partner' includes--
``(A) for purposes of--
``(i) all provisions except paragraphs (3)
and (4) of section 161--
``(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; and
``(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;
``(5) the term `travel in interstate or foreign commerce'
does not include travel from one 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; and
``(6) 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; and the existence of such a
relationship is based on a consideration of--
``(A) the length of the relationship;
``(B) the type of relationship; and
``(C) the frequency of interaction between the
persons involved in the relationship.
``Sec. 165. 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.--As used in this section, the term `prior domestic
violence or stalking offense' means a conviction for an offense--
``(1) under section 161; or
``(2) under State 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.
``SUBCHAPTER I--PROTECTION OF UNBORN CHILDREN
``Sec.
``171. Protection of unborn children.
``172. Partial-birth abortions prohibited
``Sec. 171. 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 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) and subject to subparagraph
(D), be punished as provided under subchapter A for the like offense.
``(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 101, 102, 111, 121, 123, 143, 161, 165, 201,
204, 271, 273, 413(e), 501, 502, 506, 507, 584, 593, 601, 614,
631, 873, 892, 895, 897, 1112, 1131, 1133, 1137, 1138, 1204,
1216, 1291, 1296, 1306, and 1373 of this title.
``(2) 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.
``Sec. 172. Partial-birth abortions prohibited
``(a) Any physician who, in or affecting interstate or foreign
commerce, knowingly performs a partial-birth abortion and thereby kills
a human fetus shall be imprisoned not more than 2 years. This
subsection does not apply to a partial-birth abortion that is necessary
to save the life of a mother whose life is endangered by a physical
disorder, physical illness, or physical injury, including a life-
endangering physical condition caused by or arising from the pregnancy
itself.
``(b) As used in this section--
``(1) the term `partial-birth abortion' means an abortion in
which the person performing the abortion--
``(A) deliberately and intentionally vaginally
delivers a living fetus until, in the case of a head-
first presentation, the entire fetal head is outside
the body of the mother, or, in the case of breech
presentation, any part of the fetal trunk past the
navel is outside the body of the mother, for the
purpose of performing an overt act that the person
knows will kill the partially delivered living fetus;
and
``(B) performs the overt act, other than completion
of delivery, that kills the partially delivered living
fetus; and
``(2) the term `physician' means a doctor of medicine or
osteopathy legally authorized to practice medicine and surgery
by the State in which the doctor performs such activity, or any
other individual legally authorized by the State to perform
abortions: Provided, however, That any individual who is not a
physician or not otherwise legally authorized by the State to
perform abortions, but who nevertheless directly performs a
partial-birth abortion, shall be subject to the provisions of
this section.
``(c)(1) The father, if married to the mother at the time she
receives a partial-birth abortion procedure, and if the mother has not
attained the age of 18 years at the time of the abortion, the maternal
grandparents of the fetus, may in a civil action obtain appropriate
relief, unless the pregnancy resulted from the plaintiff's criminal
conduct or the plaintiff consented to the abortion.
``(2) Such relief shall include--
``(A) money damages for all injuries, psychological and
physical, occasioned by the violation of this section; and
``(B) statutory damages equal to three times the cost of the
partial-birth abortion.
``(d)(1) A defendant accused of an offense under this section may
seek a hearing before the State Medical Board on whether the
physician's conduct was necessary to save the life of the mother whose
life was endangered by a physical disorder, physical illness, or
physical injury, including a life-endangering physical condition caused
by or arising from the pregnancy itself.
``(2) The findings on that issue are admissible on that issue at the
trial of the defendant. Upon a motion of the defendant, the court shall
delay the beginning of the trial for not more than 30 days to permit
such a hearing to take place.
``(e) A woman upon whom a partial-birth abortion is performed may not
be prosecuted under this section, for a conspiracy to violate this
section, or for an offense under section 2, 3, or 4 based on a
violation of this section.
``CHAPTER 13--SEX CRIMES
``Subchapter
Sec.
``A. Sexual abuse................................................. 201
``B. Transport for illegal sexual activity........................ 211
``C. Sexual exploitation of children.............................. 221
``D. Sex offender registry........................................ 241
``E. General provisions and definitions........................... 255
``SUBCHAPTER B--SEXUAL ABUSE
``Sec.
``201. Sexual abuse.
``202. Abusive sexual contact.
``203. Special rules and defenses.
``204. Sexual abuse resulting in death.
``205. Definitions for subchapter.
``Sec. 201. Sexual abuse
``(a) Elements of Offense.--As made applicable and punished in
subsection (b), the following offenses have the following elements:
``(1) Aggravated sexual abuse.--Whoever--
``(A) knowingly causes another person to engage in a
sexual act--
``(i) by using force against that other
person; or
``(ii) by threatening or placing that other
person in fear that any person will be
subjected to death, serious bodily injury,
substantial risk of unconsciousness, or
kidnapping;
``(B) knowingly--
``(i) renders another person unconscious and
thereby engages in a sexual act with that other
person; or
``(ii) administers to another person by force
or threat of force, or without the knowledge or
permission of that person, a drug, intoxicant,
or other similar substance and thereby--
``(I) substantially impairs the
ability of that other person to
appraise or control conduct; and
``(II) engages in a sexual act with
that other person; or
``(C) knowingly engages in a sexual act with another
person--
``(i) who has not attained the age of 12
years; or
``(ii) who has attained the age of 12 years
but has not attained the age of 16 years (and
is at least 4 years younger than the person so
engaging);
is guilty of aggravated sexual abuse.
``(2) Sexual abuse.--Whoever knowingly--
``(A) causes another person to engage in a sexual act
by threatening or placing that other person in fear
(other than by threatening or placing that other person
in fear that any person will be subjected to death,
serious bodily injury, substantial risk of
unconsciousness, or kidnapping); or
``(B) engages in a sexual act with another person if
that other person is--
``(i) incapable of appraising the nature of
the conduct; or
``(ii) physically incapable of declining
participation in, or communicating
unwillingness to engage in, that sexual act;
is guilty of sexual abuse.
``(3) Sexual abuse of a ward.--Whoever knowingly engages in a
sexual act with another person who is--
``(A) in official detention; and
``(B) under the custodial, supervisory, or
disciplinary authority of the person so engaging;
is guilty of sexual abuse of a ward.
``(b) Penalties and Circumstances for Federal Offense.--
``(1) Penalties.--
``(A) Aggravated sexual abuse.--Whoever commits
aggravated sexual abuse in a place described in
paragraph (2) shall be imprisoned for any term of years
or for life.
``(B) Sexual abuse.--Whoever commits sexual abuse in
a place described in paragraph (2) shall be imprisoned
not more than 20 years.
``(C) Sexual abuse of a ward.--Whoever commits sexual
abuse of a ward in a place described in paragraph (2)
shall be imprisoned not more than 5 years.
``(2) Circumstances.--The places referred to in paragraph (1)
are--
``(A) the special maritime and territorial
jurisdiction of the United States; or
``(B) a Federal prison or any prison institution or
facility in which persons are held in custody by
direction of or pursuant to a contract or agreement
with the Attorney General.
``Sec. 202. Abusive sexual contact
``(a) Sexual Contact in Circumstances Where Sexual Acts Are
Punishable.--Whoever engages in sexual contact with another person--
``(1) under circumstances in which, if the sexual contact had
been a sexual act, the sexual contact would be punishable under
section 201(b)(1), shall be imprisoned not more than 10 years;
``(2) under circumstances in which, if the sexual contact had
been a sexual act, the sexual contact would be punishable under
section 201(b)(2), shall be imprisoned not more than 3 years;
and
``(3) under circumstances in which, if the sexual contact had
been a sexual act, the sexual contact would be punishable under
section 201(b)(3), shall be imprisoned not more than 2 years.
``(b) Enhanced Penalty Where Contact Is With a Child Under 12 Years
of Age.--If the sexual contact that violates this section is with an
individual who has not attained the age of 12 years, the maximum term
of imprisonment that may be imposed for the offense is twice that
otherwise provided in this section.
``Sec. 203. Special rules and defenses
``(a) Proof of State of Mind as to Age.--In a prosecution under this
subchapter involving a sexual act or sexual contact with a child, the
Government need not prove that the defendant knew the age of the child
or that any age difference required for the offense did not exist.
``(b) Defenses.--
``(1) Sexual abuse or sexual contact involving a child.--It
is a affirmative defense to a prosecution under this subchapter
for an offense involving a child where an element of the
offense is that the child not be 16 years of age or older that
the defendant reasonably believed the child to be 16 years of
age or older.
``(2) Marriage in certain cases.--It is an affirmative
defense to prosecution for an offense under this subchapter
involving a sexual act or sexual contact with a ward, that the
ward was married to the person engaging in the sexual act or
contact at the time of the alleged offense.
``Sec. 204. Sexual abuse resulting in death
``Whoever, in the course of an offense under this subchapter, engages
in conduct that results in the death of a person, shall be punished by
death or imprisoned for any term of years or for life.
``Sec. 205. Definitions for subchapter
``As used in this subchapter--
``(1) 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;
``(2) 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;
``(3) 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.
``SUBCHAPTER B--TRANSPORT FOR ILLEGAL SEXUAL ACTIVITY
``Sec.
``211. Transportation generally.
``212. Coercion and enticement.
``213. Transportation of children.
``214. Use of interstate facilities to transmit information about a
child.
``Sec. 211. Transportation generally
``Whoever knowingly transports an individual in interstate or foreign
commerce, or in any territory or possession of the United States, with
intent that such individual engage in prostitution, or in any sexual
activity for which any person can be charged with a criminal offense,
or attempts to do so, shall be imprisoned not more than 10 years.
``Sec. 212. Coercion and enticement
``(a) Whoever knowingly persuades, induces, entices, or coerces any
individual to travel in interstate or foreign commerce, or in any
territory or possession of the United States, to engage in
prostitution, or in any sexual activity for which any person can be
charged with a criminal offense, or attempts to do so, shall be
imprisoned not more than 20 years.
``(b) Whoever, using any facility of interstate or foreign commerce,
or within the special maritime and territorial jurisdiction of the
United States, knowingly persuades, induces, entices, or coerces any
child to engage in prostitution or any sexual activity for which any
person can be charged with a criminal offense, or attempts to do so,
shall be imprisoned not less than 5 years and not more than 30 years.
``Sec. 213. Transportation of children
``(a) Transportation With Intent To Engage in Criminal Sexual
Activity.--Whoever transports a child in interstate or foreign
commerce, or in any territory or possession of the United States, with
intent that the child engage in prostitution, or in any sexual activity
for which any person can be charged with a criminal offense, shall be
imprisoned not less than 5 years and not more than 30 years.
``(b) Travel With Intent To Engage in Illicit Sexual Conduct.--
Whoever travels in interstate commerce or travels into the United
States, or, being a United States citizen or an alien admitted for
permanent residence in the United States, travels in foreign commerce,
for the purpose of engaging in any illicit sexual conduct shall be
imprisoned not more than 30 years.
``(c) Engaging in Illicit Sexual Conduct in Foreign Places.--Any
United States citizen or alien admitted for permanent residence who
travels in foreign commerce, and engages in any illicit sexual conduct
shall be imprisoned not more than 30 years.
``(d) Ancillary Offenses.--Whoever, for the purpose of commercial
advantage or private financial gain, arranges, induces, procures, or
facilitates the travel of a person knowing that such a person is
traveling in interstate commerce or foreign commerce for the purpose of
engaging in illicit sexual conduct shall be imprisoned not more than 30
years.
``(e) Definition.--As used in this section, the term `illicit sexual
conduct' means--
``(1) a sexual act (as defined in section 205) with a child
that would be in violation of subchapter A if the sexual act
occurred in the special maritime and territorial jurisdiction
of the United States;
``(2) any commercial sex act (as defined in section 1265)
with a child; or
``(3) the production of child pornography, as defined in
section 229.
``(f) Defense.--In a prosecution under this section based on illicit
sexual conduct as defined in subsection (f)(2), it is an affirmative
defense that the defendant reasonably believed that the person with
whom the defendant engaged in the commercial sex act had attained the
age of 18 years.
``Sec. 214. Use of interstate facilities to transmit information about
a child
``Whoever, using a facility of interstate or foreign commerce, or
within the special maritime and territorial jurisdiction of the United
States, knowingly transmits of the name, address, telephone number,
social security number, or electronic mail address of another
individual, knowing that such other individual has not attained the age
of 16 years, with the intent to entice, encourage, offer, or solicit
any person to engage in any sexual activity for which any person can be
charged with a criminal offense, or attempts to do so, shall be
imprisoned not more than 5 years.
``SUBCHAPTER C--SEXUAL EXPLOITATION OF CHILDREN
``Sec.
``221. Sexual exploitation of children.
``222. Selling or buying of children.
``223. Certain activities relating to material involving the sexual
exploitation of children and child pornography.
``224. Misleading domain names on the Internet.
``225. Definitions for subchapter.
``226. Record keeping requirements.
``227. Failure to report child abuse.
``Sec. 221. Sexual exploitation of children
``(a) Offense.--Whoever, as made applicable in subsection (b)--
``(1) either--
``(A) employs, uses, persuades, induces, entices, or
coerces any child to engage in, or who has a child
assist any other person to engage in, any sexually
explicit conduct for the purpose of producing any
visual depiction of such conduct or for the purpose of
transmitting a live visual dipiction of such conduct;
or
``(B) transports any child in interstate or foreign
commerce, or in any territory or possession of the
United States, with the intent that such child engage
in such conduct for such purpose; or
``(2) being a parent, legal guardian, or person having
custody or control of a child knowingly permits such child to
engage in, or to assist any other person to engage in, sexually
explicit conduct for the purpose of producing any visual
depiction of such conduct or for the purpose of transmitting a
live visual depiction of such conduct;
shall be punished as provided under subsection (e).
``(b) Applicability.--Subsection (a) applies if--
``(1) the person engaging in that conduct knows or has reason
to know that such visual depiction will be transported or
transmitted in or affecting interstate or foreign commerce;
``(2) such visual depiction was produced using materials that
have been transported in or affecting interstate or foreign
commerce;
``(3) such visual depiction has actually been transported or
transmitted in or affecting interstate or foreign commerce; or
``(4) the conduct constituting the offense occurs in or
affects interstate or foreign commerce.
``(c) Extraterritorial Jurisdiction.--There is extraterritorial
jurisdiction over an offense under subsection (a)(1) if the offender--
``(1) intends such visual depiction to be transported to the
United States; or
``(2) transports such visual depiction to the United States.
``(d) Advertisements.--(1) Whoever, as made applicable by paragraph
(2), knowingly makes, prints, or publishes, or causes to be made,
printed, or published, any notice or advertisement seeking or
offering--
``(A) to receive, exchange, buy, produce, display,
distribute, or reproduce, any visual depiction, if the
production of such visual depiction involves the use of a child
engaging in sexually explicit conduct and such visual depiction
is of such conduct; or
``(B) participation in any act of sexually explicit conduct
by or with any child for the purpose of producing a visual
depiction of such conduct;
shall be punished as provided under subsection (e).
``(2) Paragraph (1) applies if--
``(A) such person knows or has reason to know that such
notice or advertisement will be transported in or affecting
interstate or foreign commerce; or
``(B) such notice or advertisement is transported in or
affecting interstate or foreign commerce.
``(e) Punishment.--Whoever violates this section shall be imprisoned
not less than 15 years nor more than 30 years, but if such person has
one prior conviction under this subchapter, subchapter F of chapter 35,
or under section 920 of title 10 (article 120 of the Uniform Code of
Military Justice), or under the laws of any State relating to the
sexual exploitation of children, such person shall be imprisoned for
not less than 25 years nor more than 50 years, but if such person has 2
or more such prior convictions, such person shall be imprisoned not
less than 35 years nor more than life. Whoever, in the course of an
offense under this section, engages in conduct that results in the
death of a person, shall be punished by death or imprisoned for any
term of years or for life.
``Sec. 222. Selling or buying of children
``(a) Transfer of Custody.--Whoever, as made applicable by subsection
(d) and with a mental state described in subsection (c) having custody
or control of a child, transfers that custody or control, or offers to
do so, shall be punished by imprisonment for not less than 30 years or
for life.
``(b) Obtaining Custody.--Whoever, as made applicable by subsection
(d) and with a mental state described in subsection (c), obtains
custody or control of a child, or offers to do so, shall be punished by
imprisonment for not less than 30 years or for life.
``(c) Mental State.--The mental state referred to in subsections (a)
and (b) is--
``(1) knowledge that, as a consequence of the transfer of
custody, the child will be portrayed in a visual depiction
engaging in, or assisting another person to engage in, sexually
explicit conduct; or
``(2) intent to promote either--
``(A) the engaging in of sexually explicit conduct by
such child for the purpose of producing any visual
depiction of such conduct; or
``(B) the rendering of assistance by the child to any
other person to engage in sexually explicit conduct for
the purpose of producing any visual depiction of such
conduct.
``(d) Federal Nexus.--Conduct described in subsection (a) and (b) is
an offense if--
``(1) in the course of the conduct the child or the person
engaging in the conduct travel in interstate or foreign
commerce;
``(2) any offer described in such subsections was
communicated or transported in or affecting interstate or
foreign commerce; or
``(3) the conduct took place in any territory or possession
of the United States.
``Sec. 223. Certain activities relating to material involving the
sexual exploitation of children and child
pornography
``(a) Offense.--Whoever, as made applicable by subsection (b)--
``(1) knowingly--
``(A) transports an exploitative visual depiction or
child pornography;
``(B) receives, or distributes, any exploitative
visual depiction or child pornography; or
``(C) reproduces any exploitative visual depiction or
child pornography for distribution;
``(2) knowingly--
``(A) sells or possesses with intent to sell any
exploitative visual depiction or child pornography; or
``(B) knowingly possesses an exploitative visual
depiction or child pornography;
``(3) advertises, promotes, presents, distributes, or
solicits any material or purported material in a manner that
reflects the belief, or that is intended to cause another to
believe, that the material or purported material contains an
exploitative visual depiction or child pornography;
``(4) knowingly produces with intent to distribute, or
distributes, by any means, including a computer, child
pornography that is an adapted or modified deciction of an
identifiable minor;
shall be punished as provided in subsection (c).
``(b) Applicability.--Subsection (a) applies if--
``(1) the conduct occurs in the special maritime and
territorial jurisdiction of the United States, or in the Indian
country as defined in section 871 of this title;
``(2) the conduct is in or affects interstate or foreign
commerce; or
``(3) the exploitative visual depiction or child pornography
is transported in or affecting interstate or foreign commerce,
or was produced using materials which have been so transported.
``(c) Punishment.--The punishment for a violation of this section is
as follows:
``(1) Whoever violates paragraph (1) or (2)(A) of subsection
(a) shall be imprisoned not less than 5 years and not more than
20 years, but if such person has a prior conviction under this
chapter, subchapter F of chapter 35, or under section 920 of
title 10 (article 120 of the Uniform Code of Military Justice),
or under the laws of any State relating to aggravated sexual
abuse, sexual abuse, or abusive sexual conduct involving a
child or ward, or the production, possession, receipt, mailing,
sale, distribution, shipment, or transportation of child
pornography, such person shall be imprisoned for not less than
15 years nor more than 40 years.
``(2) Whoever violates paragraph (2)(B) of subsection (a)
shall be imprisoned not more than 10 years, but if such person
has a prior conviction under this subchapter, subchapter F of
chapter 35, or under section 920 of title 10 (article 120 of
the Uniform Code of Military Justice), or under the laws of any
State relating to aggravated sexual abuse, sexual abuse, or
abusive sexual conduct involving a child or ward, or the
production, possession, receipt, mailing, sale, distribution,
shipment, or transportation of child pornography, such person
shall be imprisoned for not less than 10 years nor more than 20
years.
``(3) Whoever violates paragraph (4) of subsection (a) shall
be imprisoned not more than 15 years.
``(d) Affirmative Defense.--It is an affirmative defense to a charge
of violating paragraph (2)(B) of subsection (a) that the defendant--
``(1) possessed less than three matters containing any visual
depiction proscribed by that paragraph; and
``(2) promptly and in good faith, and without retaining or
allowing any person, other than a law enforcement agency, to
access any visual depiction or copy thereof--
``(A) took reasonable steps to destroy each such
visual depiction; or
``(B) reported the matter to a law enforcement agency
and afforded that agency access to each such visual
depiction.
``(e) Admissibility of Evidence.--On motion of the government, in any
prosecution under this subchapter or section 1444, except for good
cause shown, the name, address, social security number, or other
nonphysical identifying information, other than the age or approximate
age, of any child who is depicted in any child pornography shall not be
admissible and may be redacted from any otherwise admissible evidence,
and the jury shall be instructed, upon request of the United States,
that it can draw no inference from the absence of such evidence in
deciding whether the child pornography depicts an actual child.
``(f) Exploitative Visual Depiction Defined.--In this section, a
visual depiction is an exploitative visual depiction if--
``(1) the producing of such visual depiction involves the use
of a child engaging in sexually explicit conduct; and
``(2) such visual depiction is of such conduct.
``Sec. 224. Misleading domain names on the Internet
``(a) Obscenity.--Whoever knowingly uses a misleading domain name on
the Internet with the intent to deceive a person into viewing material
constituting obscenity shall be imprisoned not more than 2 years.
``(b) Material Harmful to Children.--Whoever knowingly uses a
misleading domain name on the Internet with the intent to deceive a
child into viewing material that is harmful to Children on the Internet
shall be imprisoned not more than 4 years.
``(c) Definition.--For the purposes of this section--
``(1) a domain name that includes a word or words to indicate
the sexual content of the site, such as `sex' or `porn', is not
misleading;
``(2) the term `material that is harmful to children' means
any communication, consisting of nudity, sex, or excretion,
that, taken as a whole and with reference to its context--
``(A) predominantly appeals to a prurient interest of
children;
``(B) is patently offensive to prevailing standards
in the adult community as a whole with respect to what
is suitable material for children; and
``(C) lacks serious literary, artistic, political, or
scientific value for children; and
``(3) as used in this subsection, the term `sex' means acts
of masturbation, sexual intercourse, or physical contact with a
person's genitals, or the condition of human male or female
genitals when in a state of sexual stimulation or arousal.
``Sec. 225. Definitions for subchapter
``In this subchapter the following definitions apply:
``(1)(A) Except as provided in subparagraph (B), the term
`sexually explicit conduct' means actual or simulated--
``(i) sexual intercourse, including genital-genital,
oral-genital, anal-genital, or oral-anal, whether
between persons of the same or opposite sex;
``(ii) bestiality;
``(iii) masturbation;
``(iv) sadistic or masochistic abuse; or
``(v) lascivious exhibition of the genitals or pubic
area of any person.
``(B) For purposes of paragraph 5(B), the term `sexually
explicit conduct' means--
``(i) graphic sexual intercourse, including genital-
genital, oral-genital, anal-genital, or oral-anal,
whether between persons of the same or opposite sex, or
lascivious simulated sexual intercourse where the
genitals, breast, or pubic area of any person is
exhibited;
``(ii) graphic or lascivious simulated--
``(I) bestiality;
``(II) masturbation; or
``(III) sadistic or masochistic abuse; or
``(iii) graphic or simulated lascivious exhibition of
the genitals or pubic area of any person.
``(2) The term `producing' means producing, directing,
manufacturing, issuing, publishing, or advertising.
``(3) The term `visual depiction' includes undeveloped film
and videotape, data stored on computer disk or by electronic
means which is capable of conversion into a visual image, and
data which is capable of conversion into a visual image that
has been transmitted by any means, whether or not stored in a
permanent format.
``(4) The term`custody or control' includes temporary
supervision over or responsibility for a child whether legally
or illegally obtained.
``(5) The term `child pornography' means any visual
depiction, including any photograph, film, video, picture, or
computer or computer-generated image or picture, whether made
or produced by electronic, mechanical, or other means, of
sexually explicit conduct, where--
``(A) the production of such visual depiction
involves the use of a child engaging in sexually
explicit conduct;
``(B) such visual depiction is a digital image,
computer image, or computer-generated image that is, or
is indistinguishable from, that of a child engaging in
sexually explicit conduct; or
``(C) such visual depiction has been created,
adapted, or modified to appear that an identifiable
child is engaging in sexually explicit conduct.
``(6) The term `identifiable child'--
``(A) means a person--
``(i)(I) who was a child at the time the
visual depiction was created, adapted, or
modified; or
``(II) whose image as a child was used in
creating, adapting, or modifying the visual
depiction; and
``(ii) who is recognizable as an actual
person by the person's face, likeness, or other
distinguishing characteristic, such as a unique
birthmark or other recognizable feature; and
``(B) shall not be construed to require proof of the
actual identity of the identifiable child.
``(7) The term `graphic', when used with respect to a
depiction of sexually explicit conduct, means that a viewer can
observe any part of the genitals or pubic area of any depicted
person or animal during any part of the time that the sexually
explicit conduct is being depicted.
``(8) The term `indistinguishable' used with respect to a
depiction, means virtually indistinguishable, in that the
depiction is such that an ordinary person viewing the depiction
would conclude that the depiction is of an actual child engaged
in sexually explicit conduct. This definition does not apply to
depictions that are drawings, cartoons, sculptures, or
paintings depicting minors or adults.
``Sec. 226. Record keeping requirements
``(a) Duty To Keep Records.--Whoever produces any book, magazine,
periodical, film, videotape, or other matter which--
``(1) contains one or more visual depictions made after
November 1, 1990 of actual sexually explicit conduct; and
``(2) is produced in whole or in part with materials which
have been mailed or shipped in interstate or foreign commerce,
or is shipped or transported or is intended for shipment or
transportation in interstate or foreign commerce;
shall create and maintain individually identifiable records pertaining
to every performer portrayed in such a visual depiction.
``(b) Duty To Ascertain Certain Information.--Any person to whom
subsection (a) applies shall, with respect to every performer portrayed
in a visual depiction of actual sexually explicit conduct--
``(1) ascertain, by examination of an identification document
containing such information, the performer's name and date of
birth, and require the performer to provide such other indicia
of his or her identity as may be prescribed by regulations;
``(2) ascertain any name, other than the performer's present
and correct name, ever used by the performer including maiden
name, alias, nickname, stage, or professional name; and
``(3) record in the records required by subsection (a) the
information required by paragraphs (1) and (2) of this
subsection and such other identifying information as may be
prescribed by regulation.
``(c) Where Records Maintained and Availability for Inspection.--Any
person to whom subsection (a) applies shall maintain the records
required by this section at his business premises, or at such other
place as the Attorney General may by regulation prescribe and shall
make such records available to the Attorney General for inspection at
all reasonable times.
``(d) Exclusion of Evidence.--
``(1) No information or evidence obtained from records
required to be created or maintained by this section shall,
except as provided in this section, directly or indirectly, be
used as evidence against any person with respect to any
violation of law.
``(2) Paragraph (1) of this subsection does not preclude the
use of such information or evidence in a prosecution or other
action for a violation of this subchapter or subchapter F of
chapter 35, or for a violation of any applicable provision of
law with respect to the furnishing of false information.
``(e) Statement.--
``(1) Any person to whom subsection (a) applies shall cause
to be affixed to every copy of any matter described in
paragraph (1) of subsection (a) of this section, in such manner
and in such form as the Attorney General shall by regulations
prescribe, a statement describing where the records required by
this section with respect to all performers depicted in that
copy of the matter may be located.
``(2) If the person to whom subsection (a) of this section
applies is an organization the statement required by this
subsection shall include the name, title, and business address
of the individual employed by such organization responsible for
maintaining the records required by this section.
``(f) Unlawful Acts.--It shall be unlawful--
``(1) for any person to whom subsection (a) applies to fail
to create or maintain the records as required by subsections
(a) and (c) or by any regulation promulgated under this
section;
``(2) for any person to whom subsection (a) applies knowingly
to make any false entry in or knowingly to fail to make an
appropriate entry in, any record required by subsection (b) of
this section or any regulation promulgated under this section;
``(3) for any person to whom subsection (a) applies knowingly
to fail to comply with subsection (e) or any regulation
promulgated pursuant to that subsection; and
``(4) for any person knowingly to sell or otherwise transfer,
or offer for sale or transfer, any book, magazine, periodical,
film, video, or other matter, produce in whole or in part with
materials which have been mailed or shipped in interstate or
foreign commerce or which is intended for shipment in
interstate or foreign commerce, which--
``(A) contains one or more visual depictions made
after the made after November 1, 1990 of actual
sexually explicit conduct; and
``(B) is produced in whole or in part with materials
which have been mailed or shipped in interstate or
foreign commerce, or is shipped or transported or is
intended for shipment or transportation in interstate
or foreign commerce;
which does not have affixed thereto, in a manner prescribed as
set forth in subsection (e)(1), a statement describing where
the records required by this section may be located, but such
person shall have no duty to determine the accuracy of the
contents of the statement or the records required to be kept.
``(g) Regulations.--The Attorney General shall issue appropriate
regulations to carry out this section.
``(h) Definitions.--As used in this section--
``(1) the term `actual sexually explicit conduct' means
actual but not simulated conduct as defined in subparagraphs
(A) through (D) of paragraph (2) of section 229 of this title;
``(2) `identification document' has the meaning given that
term in section 783;
``(3) the term `produces' means to produce, manufacture, or
publish any book, magazine, periodical, film, video tape,
computer generated image, digital image, or picture, or other
similar matter and includes the duplication, reproduction, or
reissuing of any such matter, but does not include mere
distribution or any other activity which does not involve
hiring, contracting for managing, or otherwise arranging for
the participation of the performers depicted; and
``(4) the term `performer' includes any person portrayed in a
visual depiction engaging in, or assisting another person to
engage in, actual sexually explicit conduct.
``(i) Penalty for Any Violation of This Section.--Whoever violates
this section shall be imprisoned for not more than 5 years. Whoever
violates this section after having been convicted of a violation
punishable under this section shall be imprisoned for any period of
years not more than 10 years but not less than 2 years.
``Sec. 227. Failure to report child abuse
``Whoever, while engaged in a professional capacity or activity
described in subsection (b) of section 226 of the Victims of Child
Abuse Act of 1990 on Federal land or in a federally operated (or
contracted) facility, learns of facts that give reason to suspect that
a child has suffered an incident of child abuse, as defined in
subsection (c) of that section, and fails to make a timely report as
required by subsection (a) of that section, shall be imprisoned not
more than 6 months.
``SUBCHAPTER D--SEX OFFENDER REGISTRY
``Sec.
``241. Failure to register.
``Sec. 241. Failure to register
``(a) In General.--Whoever--
``(1) is required to register under the Sex Offender
Registration and Notification Act;
``(2)(A) is a sex offender as defined for the purposes of the
Sex Offender Registration and Notification Act by reason of a
conviction under Federal law (including the Uniform Code of
Military Justice), the law of the District of Columbia, Indian
tribal law, or the law of any territory or possession of the
United States; or
``(B) travels in interstate or foreign commerce, or enters or
leaves, or resides in, Indian country; and
``(3) knowingly fails to register or update a registration as
required by the Sex Offender Registration and Notification Act;
shall be imprisoned not more than 10 years.
``(b) Affirmative Defense.--In a prosecution for a violation under
subsection (a), it is an affirmative defense that--
``(1) uncontrollable circumstances prevented the individual
from complying;
``(2) the individual did not contribute to the creation of
such circumstances in reckless disregard of the requirement to
comply; and
``(3) the individual complied as soon as such circumstances
ceased to exist.
``(c) Crime of Violence.--
``(1) In general.--An individual described in subsection (a)
who commits a crime of violence under Federal law (including
the Uniform Code of Military Justice), the law of the District
of Columbia, Indian tribal law, or the law of any territory or
possession of the United States shall be imprisoned for not
less than 5 years and not more than 30 years.
``(2) Additional punishment.--The punishment provided in
paragraph (1) shall be in addition and consecutive to the
punishment provided for the violation described in subsection
(a).
``SUBCHAPTER E--GENERAL PROVISIONS AND DEFINITIONS
``Sec.
``255. Repeat offenders.
``256. Civil remedy for personal injuries.
``Sec. 255. Repeat offenders
``(a) Maximum Term of Imprisonment.--The maximum term of imprisonment
for a violation of subchapter A or B 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 the term `prior sex offense
conviction' means a conviction for an offense--
``(1) under this chapter; or
``(2) under State law for an offense consisting of conduct
that would have been an offense under this chapter if the
conduct had occurred within the special maritime and
territorial jurisdiction of the United States; and
``Sec. 256. Civil remedy for personal injuries
``(a) A child who is a victim of a violation of section 201, 202,
203, 211, 212, 213, 221, 222, or 223 and who suffers personal injury as
a result of such violation may sue in any appropriate United States
District Court and shall recover the actual damages such minor sustains
and the cost of the suit, including a reasonable attorney's fee. Any
child as described in the preceding sentence shall be deemed to have
sustained damages of no less than $50,000 in value.
``(b) Any action commenced under this section shall be barred unless
the complaint is filed within six years after the right of action first
accrues or in the case of a person under a legal disability, not later
than three years after the disability.
``CHAPTER 15--NATIONAL SECURITY AND RELATED CRIMES
``Subchapter
Sec.
``A. Treason, sedition, and subversive activities................. 261
``B. Terrorism.................................................... 271
``C. Military and navy............................................ 292
``D. Civil disorders and riots.................................... 296
``E. Espionage and censorship..................................... 301
``F. Immigration and nationality.................................. 311
``SUBCHAPTER A--TREASON, SEDITION, AND SUBVERSIVE ACTIVITIES
``Sec.
``261. Treason.
``262. Misprision of treason.
``263. Rebellion or insurrection.
``264. Seditious conspiracy.
``265. Advocating overthrow of Government.
``Sec. 261. Treason
``Whoever, owing allegiance to the United States, levies war against
them or adheres to their enemies, giving them aid and comfort within
the United States or elsewhere, is guilty of treason and shall suffer
death or be imprisoned for any term of years not less than five, and
shall be incapable of holding any office under the United States.
``Sec. 262. Misprision of treason
``Whoever, owing allegiance to the United States and having knowledge
of the commission of any treason against them, conceals and does not,
as soon as may be, disclose and make known the same to the President or
to some judge of the United States, or to the governor or to some judge
or justice of a particular State, is guilty of misprision of treason
and shall be imprisoned not more than seven years.
``Sec. 263. Rebellion or insurrection
``Whoever incites, sets on foot, assists, or engages in any rebellion
or insurrection against the authority of the United States or the laws
thereof, or gives aid or comfort thereto, shall be imprisoned not more
than ten years and shall be incapable of holding any office under the
United States.
``Sec. 264. Seditious conspiracy
``If two or more persons in any State, 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
imprisoned not more than 20 years.
``Sec. 265. Advocating overthrow of Government
``(a) In General.--Whoever--
``(1) knowingly advocates, 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, or the government of any political
subdivision therein, by force or violence, or by the
assassination of any officer of any such government;
``(2) 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
``(3) organizes or helps 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 imprisoned not more than 20 years, and shall be ineligible for
employment by the United States or any department or agency thereof,
for the five years next following the conviction.
``(b) Conspiracy.--If two or more persons conspire to commit any
offense named in this section, each shall be imprisoned not more than
20 years and shall be ineligible for employment by the United States or
any department or agency thereof, for the five years next following the
conviction.
``(c) Definition.--As used in this section, the term `organize', with
respect to any society, group, or assembly of persons, includes 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.
``SUBCHAPTER B--TERRORISM
``Sec.
``271. Weapons of mass destruction, and explosives and other lethal
devices.
``272. Atomic weapons.
``273. Acts of terrorism transcending national boundaries.
``274. Financial transactions.
``275. Missile systems designed to destroy aircraft.
``276. Radiological dispersal devices.
``277. Harboring or concealing terrorists.
``278. Providing material support to terrorists.
``279. Providing material support or resources to designated foreign
terrorist organizations.
``280. Prohibitions against the financing of terrorism.
``281. Receiving military-type training from a foreign terrorist
organization.
``282. Civil remedies.
``283. Definitions for subchapter.
``Sec. 271. Weapons of mass destruction, and explosives and other
lethal devices
``(a) Offense.--Whoever, without lawful authority, uses, threatens,
to use, a weapon of mass destruction or an explosive or other lethal
device--
``(1) against any property that is owned, leased, or used by
the United States or by any department or agency of the United
States, whether the property is within or outside of the United
States;
``(2) against a national of the United States while such
national is outside of the United States;
``(3) against any person or property within the United
States, if the offense is in, or affects, interstate or foreign
commerce; or
``(4) against any person or property outside of the United
States, if the offender is a national of the United States;
shall be imprisoned for any term of years or for life, and if death
results, shall be punished by death or imprisoned for any term of years
or for life.
``(b) Definitions.--As used in this section--
``(1) the term `weapon of mass destruction' means--
``(A) any destructive device as defined in section
581;
``(B) any weapon that is designed or intended to
cause death or serious bodily injury through the
release, dissemination, or impact of toxic or poisonous
chemicals, or their precursors;
``(C) any weapon involving a biological agent, toxin,
or vector (as those terms are in defined in section
627);
``(D) any weapon that is designed to release
radiation or radioactivity at a level dangerous to
human life; or
``(E) any lethal device or explosive;
``(2) the term `property' includes all real and personal
property;
``(3) the term `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; and
``(4) the term `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.
``Sec. 272. Atomic weapons
``(a) Offense.--Whoever, except as provided in section 91 of the
Atomic Energy Act of 1954, in or affecting interstate or foreign
commerce in the United States or, as made applicable by subsection (b)
outside the United States, knowingly participates in the development
of, manufactures, produces, transfers, acquires, receives, possesses,
imports, exports, or uses, or possesses and threatens to use, any
atomic weapon. Nothing in this section modifies section 31 a. or
section 101 of the Atomic Energy Act of 1954.
``(b) Federal Nexus To Conduct Outside of the United States.--
Conduct outside the United States is prohibited by subsection (a) if--
``(1) the offense is committed by a national of the United
States; or
``(2) the offense is committed against a national of the
United States.
``Sec. 273. Acts of terrorism transcending national boundaries
``(a) Prohibited Acts.--
``(1) Offenses.--Whoever, involving conduct transcending
national boundaries and as made applicable by 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)
shall be punished under subsection (c).
``(b) Applicability.--
``(1) In General.--Subsection (a) applies if--
``(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.--
Subsection (a) applies with respect to 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) Generally.--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 102, 112,
614, 955, 1201, or 1205 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) Requests for Military Assistance.--The Attorney General may
request the Secretary of Defense to provide assistance under section
382 of title 10 in support of Department of Justice activities relating
to the enforcement of section 271 during an emergency situation
involving a weapon of mass destruction. The authority to make such a
request may be exercised by another official of the Department of
Justice in accordance with section 382(f)(2) of title 10.
``(h) 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 `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
``(3) 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 1301 (relating to destruction
of aircraft or aircraft facilities), 1305
(relating to violence at international
airports), 571 (relating to arson within
special maritime and territorial jurisdiction),
621 or 623 (relating to biological weapons),
624 (relating to variola virus), 631 (relating
to chemical weapons), 271 (relating weapons of
mass destruction and explosives and other
lethal devices), 612(m) or (n) (relating to
plastic explosives), 614(f)(2) or (3) (relating
to arson and bombing of Government property
risking or causing death), 614(i) (relating to
arson and bombing of property used in
interstate commerce), 593(c) (relating to
killing or attempted killing during an attack
on a Federal facility with a dangerous weapon),
102(5) or (9) (relating to killings abroad),
787(a)(1) (relating to protection of
computers), 787(a)(5)(A)(i) resulting in damage
as defined in 787(a)(5)(B)(ii) through (v)
(relating to protection of computers), 102(2),
(4), or (8) (relating to killing of officers
and employees of the United States foreign
officials, official guests, or internationally
protected persons), 123 (relating to hostage
taking), 1201 (relating to government property
or contracts), 1202 (relating to destruction of
communication lines, stations, or systems),
1203 (relating to injury to buildings or
property within special maritime and
territorial jurisdiction of the United States),
1205(a) (relating to destruction of an energy
facility), 1331 (relating to terrorist attacks
and other acts of violence against mass
transportation systems), 274 (relating to
financial transactions), 275 (relating to
missile systems designed to destroy aircraft),
276 (relating to radiological dispersal
devices), 277 (relating to harboring
terrorists), 278 (relating to providing
material support to terrorists), 279 (relating
to providing material support to terrorist
organizations), 280 (relating to financing of
terrorism, or 1291 (relating to torture) of
this title;
``(ii) section 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); or
``(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.
``Sec. 274. Financial transactions
``(a) Offense.--Except as provided in regulations issued by the
Secretary of the Treasury, in consultation with the Secretary of State,
whoever, being a United States person, knowing or having reasonable
cause to know that a country is designated under section 6(j) of the
Export Administration Act of 1979 (50 U.S.C. App. 2405) as a country
supporting international terrorism, engages in a financial transaction
with the government of that country, shall be imprisoned for not more
than 10 years.
``(b) Definitions.--As used in this section--
``(1) the term `financial transaction' has the same meaning
as in section 1451; and
``(2) the term `United States person' means any--
``(A) United States citizen or national;
``(B) permanent resident alien;
``(C) juridical person organized under the laws of
the United States; or
``(D) any person in the United States.
``Sec. 275. Missile systems designed to destroy aircraft
``(a) Unlawful Conduct.--
``(1) In general.--Except as provided in paragraph (3), it
shall be unlawful for any person to knowingly produce,
construct, otherwise acquire, transfer directly or indirectly,
receive, possess, import, export, or use, or possess and
threaten to use--
``(A) an explosive or incendiary rocket or missile
that is guided by any system designed to enable the
rocket or missile to--
``(i) seek or proceed toward energy radiated
or reflected from an aircraft or toward an
image locating an aircraft; or
``(ii) otherwise direct or guide the rocket
or missile to an aircraft;
``(B) any device designed or intended to launch or
guide a rocket or missile described in subparagraph
(A); or
``(C) any part or combination of parts designed or
redesigned for use in assembling or fabricating a
rocket, missile, or device described in subparagraph
(A) or (B).
``(2) Nonweapon.--Paragraph (1)(A) does not apply to any
device that is neither designed nor redesigned for use as a
weapon.
``(3) Excluded conduct.--This subsection does not apply with
respect to--
``(A) conduct by or under the authority of the United
States or any department or agency thereof or of a
State or any department or agency thereof; or
``(B) conduct pursuant to the terms of a contract
with the United States or any department or agency
thereof or with a State or any department or agency
thereof.
``(b) Jurisdiction.--Conduct prohibited by subsection (a) is within
the jurisdiction of the United States if--
``(1) the offense occurs in or affects interstate or foreign
commerce;
``(2) the offense occurs outside of the United States and is
committed by a national of the United States;
``(3) the offense is committed against a national of the
United States while the national is outside the United States;
``(4) the offense is committed against any property that is
owned, leased, or used by the United States or by any
department or agency of the United States, whether the property
is within or outside the United States; or
``(5) an offender aids or abets any person over whom
jurisdiction exists under this subsection in committing an
offense under this section or conspires with any person over
whom jurisdiction exists under this subsection to commit an
offense under this section.
``(c) Criminal Penalties.--
``(1) In general.--Whoever violates subsection (a) shall be
sentenced to a term of imprisonment not less than 25 years or
to imprisonment for life.
``(2) Other circumstances.--Whoever, in the course of a
violation of subsection (a), uses or possesses and threatens to
use, any item or items described in subsection (a), shall be
imprisoned for not less than 30 years or imprisoned for life.
``(3) Special circumstances.--If the death of another results
from a person's violation of subsection (a), the person shall
be punished by imprisonment for life.
``(d) Definition.--As used in this section, the term `aircraft' has
the definition set forth in section 40102(a)(6) of title 49.
``Sec. 276. Radiological dispersal devices
``(a) Unlawful Conduct.--
``(1) In general.--Except as provided in paragraph (2), it
shall be unlawful for any person to knowingly produce,
construct, otherwise acquire, transfer directly or indirectly,
receive, possess, import, export, or use, or possess and
threaten to use--
``(A) any weapon that is designed or intended to
release radiation or radioactivity at a level dangerous
to human life; or
``(B) any device or other object that is capable of
and designed or intended to endanger human life through
the release of radiation or radioactivity.
``(2) Exception.--This subsection does not apply with respect
to--
``(A) conduct by or under the authority of the United
States or any department or agency thereof; or
``(B) conduct pursuant to the terms of a contract
with the United States or any department or agency
thereof.
``(b) Jurisdiction.--Conduct prohibited by subsection (a) is within
the jurisdiction of the United States if--
``(1) the offense occurs in or affects interstate or foreign
commerce;
``(2) the offense occurs outside of the United States and is
committed by a national of the United States;
``(3) the offense is committed against a national of the
United States while the national is outside the United States;
``(4) the offense is committed against any property that is
owned, leased, or used by the United States or by any
department or agency of the United States, whether the property
is within or outside the United States; or
``(5) an offender aids or abets any person over whom
jurisdiction exists under this subsection in committing an
offense under this section or conspires with any person over
whom jurisdiction exists under this subsection to commit an
offense under this section.
``(c) Criminal Penalties.--
``(1) In general.--Whoever violates subsection (a) shall be
sentenced to a term of imprisonment not less than 25 years or
to imprisonment for life.
``(2) Other circumstances.--Whoever, in the course of a
violation of subsection (a), uses or possesses and threatens to
use, any item or items described in subsection (a), shall be
imprisoned for not less than 30 years or imprisoned for life.
``(3) Special circumstances.--If the death of another results
from a person's violation of subsection (a), the person shall
be punished by imprisonment for life.
``Sec. 277. Harboring or concealing terrorists
``(a) Offense.--Whoever harbors or conceals any person who he knows,
or has reasonable grounds to believe, has committed, or is about to
commit, an offense under section 1301 (relating to destruction of
aircraft or aircraft facilities), section 621 (relating to biological
weapons), section 631 (relating to chemical weapons), section 601
(relating to nuclear materials), paragraph (2) or (3) of section 614(f)
(relating to arson and bombing of government property risking or
causing injury or death), section 1205(a) (relating to the destruction
of an energy facility), section 13/404.51 (relating to violence against
maritime navigation), section 271 (relating to weapons of mass
destruction), or section 273 (relating to acts of terrorism
transcending national boundaries) of this title, section 236(a)
(relating to sabotage of nuclear facilities or fuel) of the Atomic
Energy Act of 1954 (42 U.S.C. 2284(a)), or section 46502 (relating to
aircraft piracy) of title 49, shall imprisoned not more than ten years.
``(b) Venue.--A violation of this section may be prosecuted in any
Federal judicial district in which the underlying offense was
committed, or in any other Federal judicial district as provided by
law.
``Sec. 278. Providing material support to terrorists
``(a) Offense.--Whoever provides material support or resources or
conceals or disguises the nature, location, source, or ownership of
material support or resources, knowing or intending that they are to be
used in preparation for, or in carrying out, a violation of section
271, 273, 276, 1301, 1306, 571, 621, 631, 102, 112, 121(m) or (n), 601,
1201, 1202, 1203, 1205, 1331, 1651, 1291, 278, or 279 of this title,
section 236 of the Atomic Energy Act of 1954 (42 U.S.C. 2284) section
46502 or 60123(b) of title 49, or any offense listed in section
273(g)(5)(B) (except for sections 278 and 279) or in preparation for,
or in carrying out, the concealment of an escape from the commission of
any such violation shall be imprisoned not more than 15 years. A
violation of this section may be prosecuted in any Federal judicial
district in which the underlying offense was committed, or in any other
Federal judicial district as provided by law, and, if the death of any
person results, shall be imprisoned for any term of years or for life.
``(b) Definitions.--As used in this section--
``(1) the term `material support or resources' means any
property, tangible or intangible, or service, including
currency or monetary instruments or financial securities,
financial services, lodging, training, expert advice or
assistance, safehouses, false documentation or identification,
communications equipment, facilities, weapons, lethal
substances, explosives, personnel (1 or more individuals who
may be or include oneself), and transportation, except medicine
or religious materials;
``(2) the term `training' means instruction or teaching
designed to impart a specific skill, as opposed to general
knowledge; and
``(3) the term `expert advice or assistance' means advice or
assistance derived from scientific, technical or other
specialized knowledge.
``Sec. 279. Providing material support or resources to designated
foreign terrorist organizations
``(a) Prohibited Activities.--
``(1) Unlawful conduct.--Whoever as made applicable by
subsection (d) knowingly provides material support or resources
to a foreign terrorist organization shall be imprisoned not
more than 15 years, or both, and if the death of any person
results, shall be imprisoned for any term of years or for life.
To violate this paragraph, a person must have knowledge that
the organization is a designated terrorist organization (as
defined in subsection (g)(6)), that the organization has
engaged or engages in terrorist activity (as defined in section
212(a)(3)(B) 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).
``(2) Financial institutions.--Except as authorized by the
Secretary, any financial institution that becomes aware that it
has possession of, or control over, any funds in which a
foreign terrorist organization, or its agent, has an interest,
shall--
``(A) retain possession of, or maintain control over,
such funds; and
``(B) report to the Secretary the existence of such
funds in accordance with regulations issued by the
Secretary.
``(b) Civil Penalty.--Any financial institution that knowingly fails
to comply with subsection (a)(2) shall be subject to a civil penalty in
an amount that is the greater of--
``(A) $50,000 per violation; or
``(B) twice the amount of which the financial institution was
required under subsection (a)(2) to retain possession or
control.
``(c) Injunction.--Whenever it appears to the Secretary or the
Attorney General that any person is engaged in, or is about to engage
in, any act that constitutes, or would constitute, a violation of this
section, the Attorney General may initiate civil action in a district
court of the United States to enjoin such violation.
``(d) Federal Nexus.--Subsection (a) applies if--
``(1) an offender is a national of the United States 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 (8 U.S.C. 1101(a)(20)));
``(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).
``(e) Investigations.--
``(1) In general.--The Attorney General shall conduct any
investigation of a possible violation of this section, or of
any license, order, or regulation issued pursuant to this
section.
``(2) Coordination with the department of the treasury.--The
Attorney General shall work in coordination with the Secretary
in investigations relating to--
``(A) the compliance or noncompliance by a financial
institution with the requirements of subsection (a)(2);
and
``(B) civil penalty proceedings authorized under
subsection (b).
``(3) Referral.--Any evidence of a criminal violation of this
section arising in the course of an investigation by the
Secretary or any other Federal agency shall be referred
immediately to the Attorney General for further investigation.
The Attorney General shall timely notify the Secretary of any
action taken on referrals from the Secretary, and may refer
investigations to the Secretary for remedial licensing or civil
penalty action.
``(f) Classified Information in Civil Proceedings Brought by the
United States.--
``(1) Discovery of classified information by defendants.--
``(A) Request by United States.--In any civil
proceeding under this section, upon request made ex
parte and in writing by the United States, a court,
upon a sufficient showing, may authorize the United
States to--
``(i) redact specified items of classified
information from documents to be introduced
into evidence or made available to the
defendant through discovery under the Federal
Rules of Civil Procedure;
``(ii) substitute a summary of the
information for such classified documents; or
``(iii) substitute a statement admitting
relevant facts that the classified information
would tend to prove.
``(B) Order granting request.--If the court enters an
order granting a request under this paragraph, the
entire text of the documents to which the request
relates shall be sealed and preserved in the records of
thecourt to be made available to the appellate court in
the event of an appeal.
``(C) Denial of request.--If the court enters an
order denying a request of the United States under this
paragraph, the United States may take an immediate,
interlocutory appeal in accordance with paragraph (5).
For purposes of such an appeal, the entire text of the
documents to which the request relates, together with
any transcripts of arguments made ex parte to the court
in connection therewith, shall be maintained under seal
and delivered to the appellate court.
``(2) Introduction of classified information; precautions by
court.--
``(A) Exhibits.--To prevent unnecessary or
inadvertent disclosure of classified information in a
civil proceeding brought by the United States under
this section, the United States may petition the court
ex parte to admit, in lieu of classified writings,
recordings, or photographs, one or more of the
following:
``(i) Copies of items from which classified
information has been redacted.
``(ii) Stipulations admitting relevant facts
that specific classified information would tend
to prove.
``(iii) A declassified summary of the
specific classified information.
``(B) Determination by court.--The court shall grant
a request under this paragraph if the court finds that
the redacted item, stipulation, or summary is
sufficient to allow the defendant to prepare a defense.
``(3) Taking of trial testimony.--
``(A) Objection.--During the examination of a witness
in any civil proceeding brought by the United States
under this subsection, the United States may object to
any question or line of inquiry that may require the
witness to disclose classified information not
previously found to be admissible.
``(B) Action by court.--In determining whether a
response is admissible, the court shall take
precautions to guard against the compromise of any
classified information, including--
``(i) permitting the United States to provide
the court, ex parte, with a proffer of the
witness's response to the question or line of
inquiry; and
``(ii) requiring the defendant to provide the
court with a proffer of the nature of the
information that the defendant seeks to elicit.
``(C) Obligation of defendant.--In any civil
proceeding under this section, it shall be the
defendant's obligation to establish the relevance and
materiality of any classified information sought to be
introduced.
``(4) Appeal.--If the court enters an order denying a request
of the United States under this subsection, the United States
may take an immediate interlocutory appeal in accordance with
paragraph (5).
``(5) Interlocutory appeal.--
``(A) Subject of appeal.--An interlocutory appeal by
the United States shall lie to a court of appeals from
a decision or order of a district court--
``(i) authorizing the disclosure of
classified information;
``(ii) imposing sanctions for nondisclosure
of classified information; or
``(iii) refusing a protective order sought by
the United States to prevent the disclosure of
classified information.
``(B) Expedited consideration.--
``(i) In general.--An appeal taken pursuant
to this paragraph, either before or during
trial, shall be expedited by the court of
appeals.
``(ii) Appeals prior to trial.--If an appeal
is of an order made prior to trial, an appeal
shall be taken not later than 10 days after the
decision or order appealed from, and the trial
shall not commence until the appeal is
resolved.
``(iii) Appeals during trial.--If an appeal
is taken during trial, the trial court shall
adjourn the trial until the appeal is resolved,
and the court of appeals--
``(I) shall hear argument on such
appeal not later than 4 days after the
adjournment of the trial;
``(II) may dispense with written
briefs other than the supporting
materials previously submitted to the
trial court;
``(III) shall render its decision not
later than 4 days after argument on
appeal; and
``(IV) may dispense with the issuance
of a written opinion in rendering its
decision.
``(C) Effect of ruling.--An interlocutory appeal and
decision shall not affect the right of the defendant,
in a subsequent appeal from a final judgment, to claim
as error reversal by the trial court on remand of a
ruling appealed from during trial.
``(6) Construction.--Nothing in this subsection shall prevent
the United States from seeking protective orders or asserting
privileges ordinarily available to the United States to protect
against the disclosure of classified information, including the
invocation of the military and State secrets privilege.
``(g) Definitions.--As used in this section--
``(1) the term `classified information' has the meaning given
that term in section 1(a) of the Classified Information
Procedures Act (18 U.S.C. App.);
``(2) the term `funds' includes coin or currency of the
United States or any other country, traveler's checks, personal
checks, bank checks, money orders, stocks, bonds, debentures,
drafts, letters of credit, any other negotiable instrument, and
any electronic representation of any of the foregoing;
``(3) the term `material support or resources' has the same
meaning given that term in section 2339A (including the
definitions of `training' and `expert advice or assistance' in
that section);
``(4) the term `Secretary' means the Secretary of the
Treasury; and
``(6) the term `terrorist organization' means an organization
designated as a terrorist organization under section 219 of the
Immigration and Nationality Act.
``(h) Provision of Personnel.--No person may be prosecuted under this
section in connection with the term `personnel' unless that person has
knowingly provided a foreign terrorist organization with 1 or more
individuals (who may be or include himself) to work under that
terrorist organization's direction or control or to organize, manage,
supervise, or otherwise direct the operation of that organization.
Individuals who act entirely independently of the foreign terrorist
organization to advance its goals or objectives shall not be considered
to be working under the foreign terrorist organization's direction and
control.
``(i) Rule of Construction.--Nothing in this section shall be
construed or applied so as to abridge the exercise of rights guaranteed
under the First Amendment to the Constitution of the United States.
``(j) Exception.--No person may be prosecuted under this section in
connection with the term `personnel', `training', or `expert advice or
assistance' if the provision of that material support or resources to a
foreign terrorist organization was approved by the Secretary of State
with the concurrence of the Attorney General. The Secretary of State
may not approve the provision of any material support that may be used
to carry out terrorist activity (as defined in section
212(a)(3)(B)(iii) of the Immigration and Nationality Act).
``Sec. 280. 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 knowingly 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) 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 imprisoned for not more than 20 years.
``(2) Subsection (c).--Whoever violates subsection (c) shall
be imprisoned for not more than 10 years.
``(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 136;
``(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 `material support or resources' has the same
meaning given that term in section 2339B(g)(4) of this title;
and
``(12) 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. 281. Receiving military-type training from a foreign terrorist
organization
``(a) Offense.--Whoever, if a circumstance exists that is described
in section 279(d), 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 imprisoned
for ten years. 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) 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 `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
``(3) the term `foreign terrorist organization' means an
organization designated as a terrorist organization under
section 219(a)(1) of the Immigration and Nationality Act.
``Sec. 282. Civil remedies
``(a) Action and Jurisdiction.--Any national of the United States who
suffers any loss by reason of an act of international terrorism, or the
estate, survivors, or heirs of that national, may in a civil action in
any appropriate district court of the United States recover threefold
the damages sustained and the cost of the suit, including attorney's
fees.
``(b) Estoppel Under United States Law.--A final judgment or decree
rendered in favor of the United States in any criminal proceeding under
section 102, 111, 112, 121, or 123 of this title or section 46314,
46502, 46505, or 46506 of title 49 shall estop the defendant from
denying the essential allegations of the criminal offense in any
subsequent civil proceeding under this section.
``(c) Estoppel Under Foreign Law.--A final judgment or decree
rendered in favor of any foreign state in any criminal proceeding
shall, to the extent that such judgment or decree may be accorded full
faith and credit under the law of the United States, estop the
defendant from denying the essential allegations of the criminal
offense in any subsequent civil proceeding under this section.
``(d) General Venue.--A civil action under this section may be
instituted the United States district court for any district where any
plaintiff resides or where any defendant resides or is served, or has
an agent. Process in such a civil action may be served in any district
where the defendant resides, is found, or has an agent.
``(e) Special Maritime or Territorial Jurisdiction.--If the actions
giving rise to the claim occurred within the special maritime and
territorial jurisdiction of the United States, then a civil action
under this section may be instituted in the United States district
court for any district in which any plaintiff resides or the defendant
resides, is served, or has an agent.
``(f) Service on Witnesses.--A witness in a civil action brought
under this section may be served in any other district where the
defendant resides, is found, or has an agent.
``(g) Convenience of the Forum.--The district court shall not dismiss
any action brought under this section on the grounds of the
inconvenience or inappropriateness of the forum chosen, unless--
``(1) the action may be maintained in a foreign court that
has jurisdiction over the subject matter and over all the
defendants;
``(2) that foreign court is significantly more convenient and
appropriate; and
``(3) that foreign court offers a remedy which is
substantially the same as the one available in the courts of
the United States.
``(h) Statute of Limitations.--
``(1) Subject to subsection (b), a civil action under this
section shall not be maintained unless commenced within 4 years
after the date the cause of action accrued.
``(2) The time of the absence of the defendant from the
United States or from any jurisdiction in which the same or a
similar action arising from the same facts may be maintained by
the plaintiff, or of any concealment of the defendant's
whereabouts, shall not be included in the 4-year period set
forth in paragraph (1).
``(i) Acts of War.--No action shall be maintained under this section
of this title for injury or loss by reason of an act of war.
``(j) Limitation on Discovery.--If a party to an action under this
section seeks to discover the investigative files of the Department of
Justice, the Assistant Attorney General, Deputy Attorney General, or
Attorney General may object on the ground that compliance will
interfere with a criminal investigation or prosecution of the incident,
or a national security operation related to the incident, which is the
subject of the civil litigation. The court shall evaluate any such
objections in camera and shall stay the discovery if the court finds
that granting the discovery request will substantially interfere with a
criminal investigation or prosecution of the incident or a national
security operation related to the incident. The court shall consider
the likelihood of criminal prosecution by the Government and other
factors it deems to be appropriate. A stay of discovery under this
subsection shall constitute a bar to the granting of a motion to
dismiss under rules 12(b)(6) and 56 of the Federal Rules of Civil
Procedure. If the court grants a stay of discovery under this
subsection, it may stay the action in the interests of justice.
``(k) Stay of Action for Civil Remedies.--
``(1) The Attorney General may intervene in any civil action
brought under this section for the purpose of seeking a stay of
the civil action. A stay shall be granted if the court finds
that the continuation of the civil action will substantially
interfere with a criminal prosecution which involves the same
subject matter and in which an indictment has been returned, or
interfere with national security operations related to the
terrorist incident that is the subject of the civil action. A
stay may be granted for up to 6 months. The Attorney General
may petition the court for an extension of the stay for
additional 6-month periods until the criminal prosecution is
completed or dismissed.
``(2) In a proceeding under this subsection, the Attorney
General may request that any order issued by the court for
release to the parties and the public omit any reference to the
basis on which the stay was sought.
``(l) Suits Against Governments.--No action shall be maintained under
this section against--
``(1) the United States, an agency of the United States, or
an officer or employee of the United States or any agency
thereof acting within his or her official capacity or under
color of legal authority; or
``(2) a foreign state, an agency of a foreign state, or an
officer or employee of a foreign state or an agency thereof
acting within his or her official capacity or under color of
legal authority.
``(m) Exclusive Jurisdiction.--The district courts of the United
States shall have exclusive original jurisdiction over an action
brought under this section.
``Sec. 283. Definitions for subchapter
``As used in this subchapter--
``(1) the term `international terrorism' means activities
that--
``(A) involve violent acts or acts dangerous to human
life that are a violation of the criminal laws of the
United States or of any State, or that would be a
criminal violation if committed within the jurisdiction
of the United States or of any State;
``(B) appear to be 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 mass destruction, assassination, or
kidnapping; and
``(C) occur primarily outside the territorial
jurisdiction of the United States, or transcend
national boundaries in terms of the means by which they
are accomplished, the persons they appear intended to
intimidate or coerce, or the locale in which their
perpetrators operate or seek asylum;
``(3) the term `person' means any individual or entity
capable of holding a legal or beneficial interest in property;
``(4) the term `act of war' means any act occurring in the
course of--
``(A) declared war;
``(B) armed conflict, whether or not war has been
declared, between two or more nations; or
``(C) armed conflict between military forces of any
origin; and
``(5) the term `domestic terrorism' means activities that--
``(A) involve acts dangerous to human life that are a
violation of the criminal laws of the United States or
of any State;
``(B) appear to be 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 mass destruction, assassination, or
kidnapping; and
``(C) occur primarily within the territorial
jurisdiction of the United States.
``SUBCHAPTER C--MILITARY AND NAVY
``Sec.
``291. Entering military, naval, or Coast Guard property.
``292. Use of Army and Air Force as posse comitatus.
``293. Prohibition on disruptions of funerals of members or former
members of the Armed Forces.
``294. Demonstrations at cemeteries under the control of the National
Cemetery Administration and at Arlington National Cemetery.
``Sec. 291. Entering military, naval, or Coast Guard property
``Whoever--
``(1) within the jurisdiction of the United States, goes upon
any military, naval, or Coast Guard reservation, post, fort,
arsenal, yard, station, or installation, for any purpose
prohibited by law or lawful regulation; or
``(2) reenters or is found within any such reservation, post,
fort, arsenal, yard, station, or installation, after having
been removed therefrom or ordered not to reenter by any officer
or person in command or charge thereof;
shall be or imprisoned not more than six months.
``Sec. 292. Use of Army and Air Force as posse comitatus
``Whoever, except in cases and under circumstances expressly
authorized by the Constitution or Act of Congress, knowingly uses any
part of the Army or the Air Force as a posse comitatus or otherwise to
execute the laws shall be imprisoned not more than two years.
``Sec. 293. Disruptions of funerals of members or former members of the
Armed Forces
``(a) Offense.--Whoever engages in disruptive activity at a covered
funeral of a member or former member of the Armed services shall be
imprisoned not more than one year.
``(b) Definitions.--As used in this section--
``(1) the term `disruptive activity' means--
``(A) during the period beginning 60 minutes before
and ending 60 minutes after such funeral, knowingly
making noise or a diversion with intent to disturb the
peace and good order of the funeral that--
``(i) is not part of the funeral; and
``(ii) takes place within the boundaries of
the location of such funeral or takes place
within 150 feet of the point of the
intersection between the boundary of the
location of such funeral and a road, pathway,
or other route of ingress to or egress from the
location of such funeral; or
``(B)intentionally and without authorization, within
300 feet of the boundary of the location of such
funeral, impeding access to or egress from the location
of the funeral;
``(2) the term `covered funeral' means a ceremony or memorial
service held in connection with the burial or cremation of a
member or former member of the Armed Forces, which is not
located at a cemetery under the control of the National
Cemetery Administration or part of Arlington National Cemetery;
``(3) the term `Armed Forces' has the meaning given the term
in section 101 of title 10;
``(4) The term `boundary of the location', with respect to
the place a covered funeral is held, means--
``(A) the property line of the place, if the place is
cemetery, mortuary, or house of worship; and
``(B) the reasonable property line of any other
location.
``Sec. 294. Demonstrations at cemeteries under the control of the
National Cemetery Administration and at Arlington
National Cemetery
``Whoever violates section 2413 of title 38 shall be imprisoned for
not more than one year.
``SUBCHAPTER D--CIVIL DISORDERS AND RIOTS
``Sec.
``296. Civil disorders.
``Sec. 296. Civil disorders
``(a) Offense.--Whoever--
``(1) teaches or demonstrates to any other person the use,
application, or making of any firearm or explosive or
incendiary device, or technique capable of causing injury or
death to persons, knowing or having reason to know or intending
that the same will be unlawfully employed for use in, or in
furtherance of, a civil disorder which is in or affects
interstate or foreign commerce or the performance of any
federally protected function;
``(2) transports or manufactures for transportation in or affecting
interstate or foreign commerce any firearm or explosive or incendiary
device, knowing or having reason to know or intending that the same
will be used unlawfully in furtherance of a civil disorder; or
``(3) commits or attempts to commit any act to obstruct, impede, or
interfere with any fireman or law enforcement officer lawfully engaged
in the lawful performance of official duties incident to and during the
commission of a civil disorder which is in or affects commerce or the
conduct or performance of any federally protected function;
shall be imprisoned not more than five years.
``(b) Law Enforcment Exclusion.--Nothing in this section makes
unlawful any act of any law enforcement officer which is performed in
the lawful performance of official duties.
``(c) Defintions.--The following definitions apply in this section:
``(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 `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 includes the collection and
distribution of the United States mails.
``(3) 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.
``(4) 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.
``(5) The term `fireman' means any member of a fire
department (including a volunteer fire department) of any
State, any political subdivision of a State.
``(6) The term `law enforcement officer' means any officer or
employee of the United States, of any State or any political
subdivision of a State while engaged in the enforcement or
prosecution of any of the criminal laws of the United States or
of that State or subdivision; and such term includes members of
the National Guard (as defined in section 101 of title 10),
members of the organized militia of a State (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.
``(d) Non-Premption.--Nothing in this section shall be construed as
indicating an intent on the part of Congress to occupy the field in
which any provision of this section operate to the exclusion of State
or local laws on the same subject matter, nor shall any provision of
this section be construed to invalidate any provision of State law,
unless such provision is inconsistent with any of the purposes of this
section or any provision thereof.
``SUBCHAPTER E--ESPIONAGE AND CENSORSHIP
``Sec.
``301. General provisions for subchapter.
``302. Gathering or transmitting defense information.
``303. Losing defense information.
``304. Disclosure of classified and other similarly protected
information.
``Sec. 301. General provisions for subchapter
``(a) Definition.--In this subchapter, the term `foreign power' has
the meaning given that term in section 101(a) of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1801(a)).
``(b) Exclusion Relating to Lawful Demands of Congress.--Nothing in
this subchapter prohibits 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.
``Sec. 302. Gathering or transmitting defense information
``Whoever, with intent or reason to believe that the information will
be used to the injury of the United States, or to the advantage of any
foreign power, knowingly--
``(1) obtains information connected with the national
defense; or
``(2) provides information connected with the national
defense to any person not entitled to receive it;
shall be imprisoned for life or for any term of years, and if death
results, shall be subject to the death penalty.
``Sec. 303. Losing defense information
``Whoever, or having lawful possession or control of any information
connected with the national defense--
``(1) recklessly permits that information to be lost, stolen,
or destroyed; or
``(2) knowing that the information has been lost, or stolen,
or destroyed, fails to make prompt report of that fact to an
appropriate superior officer;
shall be imprisoned not more than 20 years.
``Sec. 304. Disclosure of classified and other similarly protected
information
``(a) Offense.--Whoever knowingly provides protected information to a
person not entitled to receive it, or knowingly uses protected
information to the injury of the United States, or to the advantage of
any foreign power shall be imprisoned not more than 20 years.
``(b) Definitions.--In this section--
``(1) the term `protected information' means any classified
information or any Restricted Data (as defined for the purposes
of the Atomic Energy Act of 1954);
``(2) 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 authority for limited or restricted
dissemination or distribution--
``(A) concerning the nature, preparation, or use of
any code, cipher, or cryptographic system of the United
States or any foreign power;
``(B) 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 power for cryptographic or
communication intelligence purposes;
``(C) concerning the communication intelligence
activities of the United States or any foreign power;
or
``(D) obtained by the processes of communication
intelligence from the communications of any foreign
power, knowing the same to have been obtained by such
processes; and
``(3) the terms `code', `cipher', and `cryptographic system'
include 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.
``SUBCHAPTER F--IMMIGRATION AND NATIONALITY
``Sec.
``311. False statement in application and use of passport.
``312. Forgery or false use of passport.
``313. Misuse of passport.
``314. Fraud and misuse of visas, permits, and other documents.
``315. Procurement of citizenship or naturalization unlawfully.
``316. Sale of naturalization or citizenship papers.
``317. Penalties related to removal.
``318. Bringing in and harboring certain aliens.
``319. Entry of alien at improper time or place; misrepresentation and
concealment of facts.
``320. Reentry of removed alien.
``321. Aiding or assisting certain aliens to enter the United States.
``322. Increased penalty for certain terrorism related offenses.
``Sec. 311. False statement in application and use of passport
``Whoever--
``(1) knowingly makes any false statement in an application
for passport with intent to induce or secure the issuance of a
passport under the authority of the United States, either for
his own use or the use of another, contrary to the laws
regulating the issuance of passports or the rules prescribed
pursuant to such laws; or
``(2) knowingly uses or attempts to use, or furnishes to
another for use any passport the issue of which was secured in
any way by reason of any false statement;
shall be imprisoned not more than 15 years.
``Sec. 312. Forgery or false use of passport
``Whoever--
``(1) falsely makes, forges, counterfeits, mutilates, or
alters any passport or instrument purporting to be a passport,
with intent that the same may be used; or
``(2) knowingly uses, or attempts to use, or furnishes to
another for use any such false, forged, counterfeited,
mutilated, or altered passport or instrument purporting to be a
passport, or any passport validly issued which has become void
by the occurrence of any condition therein prescribed
invalidating the same;
shall be imprisoned not more than 15 years.
``Sec. 313. Misuse of passport
``Whoever--
``(1) knowingly uses, or attempts to use, any passport issued
or designed for the use of another;
``(2) knowingly uses or attempts to use any passport in
violation of the conditions or restrictions therein contained,
or of the rules prescribed pursuant to the laws regulating the
issuance of passports; or
``(3) knowingly furnishes, disposes of, or delivers a
passport to any person, for use by another than the person for
whose use it was originally issued and designed;
shall be imprisoned not more than 15 years (in the case of any other
offense).
``Sec. 314. Fraud and misuse of visas, permits, and other documents
``(a) Forgery and Similar Conduct.--Whoever--
``(1) 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;
``(2) except under direction of the Attorney General or the
Secretary of Homeland Security, 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 Secretary of
Homeland Security for the printing of such visas, permits, or
documents;
``(3) 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
``(4) knowingly makes under oath, or as permitted under
penalty of perjury under section 1746 of title 28, 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 imprisoned not more than 15 years.
``(b) Use of Forged of Similar Documents.--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 imprisoned not more than 5
years.
``(c) Exclusion.--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).
``Sec. 315. Procurement of citizenship or naturalization unlawfully
``Whoever--
``(1) knowingly procures or attempts to procure, contrary to
law, the naturalization of any person, or documentary or other
evidence of naturalization or of citizenship; or
``(2) whether for himself or another person not entitled
thereto, knowingly issues, procures or obtains or applies for
or otherwise attempts to procure or obtain naturalization, or
citizenship, or a declaration of intention to become a citizen,
or a certificate of arrival or any certificate or evidence of
nationalization or citizenship, documentary or otherwise, or
duplicates or copies of any of the foregoing;
shall be imprisoned not more than 15 years.
``Sec. 316. Sale of naturalization or citizenship papers
``Whoever unlawfully sells or disposes of a declaration of intention
to become a citizen, certificate of naturalization, certificate of
citizenship or copies or duplicates or other documentary evidence of
naturalization or citizenship, shall be imprisoned 15 years.
``Sec. 317. Penalties related to removal
``(a) Penalty for Failure To Depart.--
``(1) In general.--Any alien against whom a final order of
removal is outstanding by reason of being a member of any of
the classes described in section 237(a) of the Immigration and
Nationality Act, who--
``(A) knowingly fails or refuses to depart from the
United States within a period of 90 days from the date
of the final order of removal under administrative
processes, or if judicial review is had, then from the
date of the final order of the court,
``(B) knowingly fails or refuses to make timely
application in good faith for travel or other documents
necessary to the alien's departure,
``(C) connives or conspires, or takes any other
action, designed to prevent or hamper or with the
purpose of preventing or hampering the alien's
departure pursuant to such, or
``(D) knowingly fails or refuses to present himself
or herself for removal at the time and place required
by the Attorney General pursuant to such order,
shall be imprisoned not more than four years (or 10 years if
the alien is a member of any of the classes described in
paragraph (1)(E), (2), (3), or (4) of section 237(a) of the
Immigration and Nationality Act).
``(2) Exception.--It is not a violation of paragraph (1) to
take any proper steps for the purpose of securing cancellation
of or exemption from such order of removal or for the purpose
of securing the alien's release from incarceration or custody.
``(3) Suspension.--The court may for good cause suspend the
sentence of an alien under this subsection and order the
alien's release under such conditions as the court may
prescribe. In determining whether good cause has been shown to
justify releasing the alien, the court shall take into account
such factors as--
``(A) the age, health, and period of detention of the
alien;
``(B) the effect of the alien's release upon the
national security and public peace or safety;
``(C) the likelihood of the alien's resuming or
following a course of conduct which made or would make
the alien deportable;
``(D) the character of the efforts made by such alien
himself and by representatives of the country or
countries to which the alien's removal is directed to
expedite the alien's departure from the United States;
``(E) the reason for the inability of the Government
of the United States to secure passports, other travel
documents, or removal facilities from the country or
countries to which the alien has been ordered removed;
and
``(F) the eligibility of the alien for discretionary
relief under the immigration laws.
``(b) Failure To Comply With Terms of Release Under Supervision.--An
alien who knowingly fails to comply with regulations or requirements
issued pursuant to section 241(a)(3) of the Immigration and Nationality
Act or knowingly give false information in response to an inquiry under
such section shall be imprisoned for not more than one year.
``(c) Penalties Relating to Vessels and Aircraft.--
``(1) Civil penalties.--
``(A) Failure to carry out certain orders.--If the
Attorney General is satisfied that a person has
violated subsection (d) or (e) of section 241 of the
Immigration and Nationality Act, the person shall pay
to the Commissioner the sum of $2,000 for each
violation.
``(B) Failure to remove alien stowaways.--If the
Attorney General is satisfied that a person has failed
to remove an alien stowaway as required under section
241(d)(2) of the Immigration and Nationality Act, the
person shall pay to the Commissioner the sum of $5,000
for each alien stowaway not removed.
``(C) No compromise.--The Attorney General may not
compromise the amount of such penalty under this
paragraph.
``(2) Clearing vessels and aircraft.--
``(A) Clearance before decision on liability.--A
vessel or aircraft may be granted clearance before a
decision on liability is made under paragraph (1) only
if a bond approved by the Attorney General or an amount
sufficient to pay the civil penalty is deposited with
the Commissioner.
``(B) Prohibition on clearance while penalty
unpaid.--A vessel or aircraft may not be granted
clearance if a civil penalty imposed under paragraph
(1) is not paid.
``(d) Discontinuing Granting Visas to Nationals of Country Denying or
Delaying Accepting Alien.--On being notified by the Attorney General
that the government of a foreign country denies or unreasonably delays
accepting an alien who is a citizen, subject, national, or resident of
that country after the Attorney General asks whether the government
will accept the alien under this section, the Secretary of State shall
order consular officers in that foreign country to discontinue granting
immigrant visas or nonimmigrant visas, or both, to citizens, subjects,
nationals, and residents of that country until the Attorney General
notifies the Secretary that the country has accepted the alien.
``Sec. 318. Bringing in and harboring certain aliens
``(a) Criminal Penalties.--(1)(A) Whoever--
``(i) knowing that a person is an alien, brings to or
attempts to bring to the United States in any manner whatsoever
such person at a place other than a designated port of entry or
place other than as designated by the Commissioner, regardless
of whether such alien has received prior official authorization
to come to, enter, or reside in the United States and
regardless of any future official action which may be taken
with respect to such alien;
``(ii) knowing or in reckless disregard of the fact that an
alien has come to, entered, or remains in the United States in
violation of law, transports, or moves or attempts to transport
or move such alien within the United States by means of
transportation or otherwise, in furtherance of such violation
of law;
``(iii) knowing or in reckless disregard of the fact that an
alien has come to, entered, or remains in the United States in
violation of law, conceals, harbors, or shields from detection,
or attempts to conceal, harbor, or shield from detection, such
alien in any place, including any building or any means of
transportation;
``(iv) encourages or induces an alien to come to, enter, or
reside in the United States, knowing or in reckless disregard
of the fact that such coming to, entry, or residence is or will
be in violation of law; or
``(v) engages in any conspiracy to commit any of the
preceding acts;
shall be punished as provided in subparagraph (B).
``(B) Whoever violates subparagraph (A) shall, for each alien in
respect to whom such a violation occurs--
``(i) in the case of a violation of subparagraph (A)(i) or
(v)(I) or in the case of a violation of subparagraph (A)(ii),
(iii), or (iv) in which the offense was done for the purpose of
commercial advantage or private financial gain, be imprisoned
not more than 10 years;
``(ii) in the case of a violation of subparagraph (A) (ii),
(iii), (iv), or (v)(II) be imprisoned not more than 5 years;
``(iii) in the case of a violation of subparagraph (A) (i),
(ii), (iii), (iv), or (v) during and in relation to which the
person causes serious bodily injury to, or places in jeopardy
the life of, any person, be imprisoned not more than 20 years;
and
``(iv) in the case of a violation of subparagraph (A) (i),
(ii), (iii), (iv), or (v) resulting in the death of any person,
be punished by death or imprisoned for any term of years or for
life.
``(2) Whoever, knowing or in reckless disregard of the fact that an
alien has not received prior official authorization to come to, enter,
or reside in the United States, brings to or attempts to bring to the
United States in any manner whatsoever, such alien, regardless of any
official action which may later be taken with respect to such alien
shall, for each alien in respect to whom a violation of this paragraph
occurs--
``(A) be imprisoned not more than one year; or
``(B) in the case of--
``(i) an offense committed with the intent or with
reason to believe that the alien unlawfully brought
into the United States will commit an offense against
the United States or any State punishable by
imprisonment for more than 1 year,
``(ii) an offense done for the purpose of commercial
advantage or private financial gain, or
``(iii) an offense in which the alien is not upon
arrival immediately brought and presented to an
appropriate immigration officer at a designated port of
entry,
be imprisoned not less than 5 nor more than 15 years.
``(3)(A) Whoever, during any 12-month period, knowingly hires for
employment at least 10 individuals with actual knowledge that the
individuals are aliens described in subparagraph (B) shall be
imprisoned for not more than 5 years.
``(B) An alien described in this subparagraph is an alien who--
``(i) is an unauthorized alien (as defined in section
274A(h)(3)), and
``(ii) has been brought into the United States in violation
of this subsection.
``(4) In the case of a person who has brought aliens into the United
States in violation of this subsection, the sentence otherwise provided
for may be increased by up to 10 years if--
``(A) the offense was part of an ongoing commercial
organization or enterprise;
``(B) aliens were transported in groups of 10 or more; and
``(C)(i) aliens were transported in a manner that endangered
their lives; or
``(ii) the aliens presented a life-threatening health risk to
people in the United States.
``(b) Authority To Arrest.--No officer or person shall have authority
to make any arrest for a violation of any provision of this section
except officers and employees of the Service designated by the Attorney
General, either individually or as a member of a class, and all other
officers whose duty it is to enforce criminal laws.
``(c) Audiovisually Preserved Depositions.--Notwithstanding any
provision of the Federal Rules of Evidence, the videotaped (or
otherwise audiovisually preserved) deposition of a witness to a
violation of subsection (a) who has been deported or otherwise expelled
from the United States, or is otherwise unable to testify, may be
admitted into evidence in an action brought for that violation if the
witness was available for cross examination and the deposition
otherwise complies with the Federal Rules of Evidence.
``(d) Outreach Program.--The Secretary of Homeland Security, in
consultation with the Attorney General and the Secretary of State, as
appropriate, shall develop and implement an outreach program to educate
the public in the United States and abroad about the penalties for
bringing in and harboring aliens in violation of this section.
``Sec. 319. Entry of alien at improper time or place; misrepresentation
and concealment of facts
``(a) Entry.--Any alien who--
``(1) enters or attempts to enter the United States at any
time or place other than as designated by immigration officers;
``(2) eludes examination or inspection by immigration
officers; or
``(3) attempts to enter or obtains entry to the United States
by a knowingly false or misleading representation or the
knowingly concealment of a material fact;
shall, for the first commission of any such offense, be imprisoned not
more than 6 months, and, for a subsequent commission of any such
offense, be imprisoned not more than 2 years.
``(b) Apprehension while Entering.--Any alien who is apprehended
while entering (or attempting to enter) the United States at a time or
place other than as designated by immigration officers shall be subject
to a civil penalty of--
``(1) at least $50 and not more than $250 for each such entry
(or attempted entry); or
``(2) twice the amount specified in paragraph (1) in the case
of an alien who has been previously subject to a civil penalty
under this subsection.
Civil penalties under this subsection are in addition to, and not in
lieu of, any criminal or other civil penalties that may be imposed.
``(c) Marriage.--An individual who knowingly enters into a marriage
for the purpose of evading any provision of the immigration laws shall
be imprisoned for not more than 5 years.
``(d) Commercial Enterprise.--Whoever knowingly establishes a
commercial enterprise for the purpose of evading any provision of the
immigration laws shall be imprisoned for not more than 5 years.
``Sec. 320. Reentry of removed alien
``(a) Offense.--Subject to subsection (b), any alien who--
``(1) has been denied admission, excluded, deported, or
removed or has departed the United States while an order of
exclusion, deportation, or removal is outstanding; and
``(2) thereafter enters, attempts to enter, or is at any time
found in, the United States, unless (A) prior to his
reembarkation at a place outside the United States or his
application for admission from foreign contiguous territory,
the Attorney General has expressly consented to such alien's
reapplying for admission; or (B) with respect to an alien
previously denied admission and removed, unless such alien
shall establish that he was not required to obtain such advance
consent under this or any prior Act,
shall be imprisoned not more than 2 years.
``(b) Increased Penalty.--In the case of any alien violating
subsection (a)--
``(1) whose removal was subsequent to a conviction for
commission of three or more misdemeanors involving drugs,
crimes against the person, or both, or a felony (other than an
aggravated felony), such alien shall be imprisoned not more
than 10 years;
``(2) whose removal was subsequent to a conviction for
commission of an aggravated felony, such alien shall be
imprisoned not more than 20 years;
``(3) who has been excluded from the United States pursuant
to section 235(c) of the Immigration and Nationality Act
because the alien was excludable under section 212(a)(3)(B) of
such Act or who has been removed from the United States
pursuant to title V of such Act, and who thereafter, without
the permission of the Attorney General, enters the United
States, or attempts to do so, shall be imprisoned for a period
of 10 years, which sentence shall not run concurrently with any
other sentence; or
``(4) who was removed from the United States pursuant to
section 241(a)(4)(B) of such Act who thereafter, without the
permission of the Attorney General, enters, attempts to enter,
or is at any time found in, the United States (unless the
Attorney General has expressly consented to such alien's
reentry) shall be imprisoned for not more than 10 years.
For the purposes of this subsection, the term `removal' includes any
agreement in which an alien stipulates to removal during (or not
during) a criminal trial under either Federal or State law.
``(c) Reentry.--Any alien deported pursuant to section 242(h)(2) of
the Immigration and Nationality Act who enters, attempts to enter, or
is at any time found in, the United States (unless the Attorney General
has expressly consented to such alien's reentry) shall be incarcerated
for the remainder of the sentence of imprisonment which was pending at
the time of deportation without any reduction for parole or supervised
release. Such alien shall be subject to such other penalties relating
to the reentry of deported aliens as may be available under this
section or any other provision of law.
``(d) Challenge of Validity of Order.--In a criminal proceeding under
this section, an alien may not challenge the validity of the
deportation order described in subsection (a)(1) or subsection (b)
unless the alien demonstrates that--
``(1) the alien exhausted any administrative remedies that
may have been available to seek relief against the order;
``(2) the deportation proceedings at which the order was
issued improperly deprived the alien of the opportunity for
judicial review; and
``(3) the entry of the order was fundamentally unfair.
``Sec. 321. Aiding or assisting certain aliens to enter the United
States
``Whoever knowingly aids or assists any alien inadmissible under
section 212(a)(2) of the Immigration and Nationality Act (insofar as an
alien inadmissible under such section has been convicted of an
aggravated felony) or 212(a)(3) of such Act (other than subparagraph
(E) thereof) to enter the United States, or who connives or conspires
with any person or persons to allow, procure, or permit any such alien
to enter the United States, shall be or imprisoned not more than 10
years.
``Sec. 322. Increased penalty for certain terrorism related offenses
``Whoever violates this subchapter shall, if the maximum imprisonment
for the offense is less but for this section, be 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), and
20 years (if the offense was committed to facilitate a drug trafficking
crime (as defined in section 592).
``CHAPTER 17--DRUG CRIMES
``Sec.
``401. Definitions for chapter.
``402. Basic offenses.
``403. Basic punishment structure.
``404. Offenses involving protected persons.
``405. Enhancement for offenses involving protected places.
``406. Maintaining drug-involved premises.
``407. Distribution in or near schools.
``408. Listed chemicals.
``409. Domestic regulatory offenses.
``410. Additional domestic regulatory offenses.
``411. Penalty for simple possession.
``412. Civil penalty for possession of small amounts of certain
controlled substances.
``413. Continuing criminal enterprise.
``414. Drug paraphernalia.
``415. Proceedings to establish prior convictions.
``416. Anhydrous ammonia.
``417. Controlled substances import and export offenses.
``418. Prohibited acts related to foreign terrorist organizations or
terrorist persons and groups
``Sec. 401. Definitions for chapter
``As used in this chapter--
``(1) a term defined for the purposes of the Controlled
Substances Act has the same meaning in this chapter;
``(2) the term `large quantity of a major drug' means--
``(A) 1 kilogram or more of a mixture or substance
containing a detectable amount of heroin;
``(B) 5 kilograms or more of a mixture or substance
containing a detectable amount of--
``(i) coca leaves, except coca leaves and
extracts of coca leaves from which cocaine,
ecgonine, and derivatives of ecgonine or their
salts have been removed;
``(ii) cocaine, its salts, optical and
geometric isomers, and salts of isomers;
``(iii) ecgonine, its derivatives, their
salts, isomers, and salts of isomers; or
``(iv) any compound, mixture, or preparation
which contains any quantity of any of the
substances referred to in clauses (i) through
(iii);
``(C) 50 grams or more of a mixture or substance
described in subparagraph (B) which contains cocaine
base;
``(D) 100 grams or more of phencyclidine (PCP) or 1
kilogram or more of a mixture or substance containing a
detectable amount of phencyclidine (PCP);
``(E) 10 grams or more of a mixture or substance
containing a detectable amount of lysergic acid
diethylamide (LSD);
``(F) 400 grams or more of a mixture or substance
containing a detectable amount of N-phenyl-N-[1-(2-
phenylethyl)-4-piperidinyl] propanamide or 100 grams or
more of a mixture or substance containing a detectable
amount of any analogue of N-phenyl-N-[1-(2-
phenylethyl)-4-piperidinyl] propanamide;
``(G) 1000 kilograms or more of a mixture or
substance containing a detectable amount of marihuana,
or 1,000 or more marihuana plants regardless of weight;
or
``(H) 50 grams or more of methamphetamine, its salts,
isomers, and salts of its isomers or 500 grams or more
of a mixture or substance containing a detectable
amount of methamphetamine, its salts, isomers, or salts
of its isomers;
``(3) the term `substantial quantity of a major drug' means--
``(A) 100 grams or more of a mixture or substance
containing a detectable amount of heroin;
``(B) 500 grams or more of a mixture or substance
containing a detectable amount of--
``(i) coca leaves, except coca leaves and
extracts of coca leaves from which cocaine,
ecgonine, and derivatives of ecgonine or their
salts have been removed;
``(ii) cocaine, its salts, optical and
geometric isomers, and salts of isomers;
``(iii) ecgonine, its derivatives, their
salts, isomers, and salts of isomers; or
``(iv) any compound, mixture, or preparation
which contains any quantity of any of the
substances referred to in clauses (i) through
(iii);
``(C) 5 grams or more of a mixture or substance
described in subparagraph (B) which contains cocaine
base;
``(D) 10 grams or more of phencyclidine (PCP) or 100
grams or more of a mixture or substance containing a
detectable amount of phencyclidine (PCP);
``(E) 1 gram or more of a mixture or substance
containing a detectable amount of lysergic acid
diethylamide (LSD);
``(F) 40 grams or more of a mixture or substance
containing a detectable amount of N-phenyl-N-[1-(2-
phenylethyl)-4-piperidinyl] propanamide or 10 grams or
more of a mixture or substance containing a detectable
amount of any analogue of N-phenyl-N-[1-(2-
phenylethyl)-4-piperidinyl] propanamide;
``(G) 100 kilograms or more of a mixture or substance
containing a detectable amount of marihuana, or 100 or
more marihuana plants regardless of weight; or
``(H) 5 grams or more of methamphetamine, its salts,
isomers, and salts of its isomers or 50 grams or more
of a mixture or substance containing a detectable
amount of methamphetamine, its salts, isomers, or salts
of its isomers;
``(4) the term `date rape drug' means gamma hydroxybutyric
acid (including when scheduled as an approved drug product for
purposes of section 3(a)(1)(B) of the Hillory J. Farias and
Samantha Reid Date-Rape Drug Prohibition Act of 2000), or 1
gram of flunitrazepam;
``(5) the term `repeat offender' means a person is convicted
under this chapter after a prior conviction for a felony drug
offense;
``(6) the term `career offender' means a person is convicted
under this chapter after two or more prior convictions for a
felony drug offense;
``(7) the term `midlevel quantity of marijuana` means 50
kilograms of marijuana or more than 50 marijuana plants; and
``(8) the term `larger quantity of hashish' means ten
kilograms of hashish or one kilogram of hashish oil.
``Sec. 402. Basic offenses
``Except as authorized by the Controlled Substances Act whoever
knowingly--
``(1) manufactures, distributes, or dispenses, or possesses
with intent to manufacture, distribute, or dispense, a
controlled substance;
``(2) creates, distributes, or dispenses, or possesses with
intent to distribute or dispense, a counterfeit substance;
``(3) imports or exports a controlled substance in violation
of section 1002, 1003, or 1007 of the Controlled Substances
Import and Export Act;
``(4) brings or possesses on board a vessel, aircraft, or
vehicle a controlled substance in violation of section 1005 of
that Act; or
``(5) manufactures, possesses with intent to distribute, or
distributes a controlled substance contrary to section 1009 of
that Act;
shall be punished as provided in this chapter.
``Sec. 403. Basic punishment structure
``(a) Large Quantities of Major Drugs.--
``(1) Prison.--If the violation of section 402 involves a
large quantity of a major drug, the offender shall be
imprisoned any term of years not less than ten, or for life. If
the offender is a repeat offender or if death or serious bodily
injury results to any person from the offense, the term shall
not be less than 20 years. If the defendant is a career
offender, the term shall be life.
``(2) Fine.--An offender to whom paragraph (1) applies shall
be fined not more than $4,000,000, and if the offender is a
career offender, not more than $8,000,000.
``(3) Supervised release.--An offender to whom paragraph (1)
applies shall be sentenced to supervised release for a period
of 5 years, but if the offender is a career offender or if
death or serious bodily injury results to any person from the
offense, for a period of 10 years.
``(b) Substantial Quantities of Major Drugs.--
``(1) Prison.--If the violation of section 402 involves a
substantial quantity of a major drug, the offender shall be
imprisoned not less than five years nor more than 40 years. If
the offender is a repeat offender the term shall not be less
than 10 years. If death or serious bodily injury results to any
person from the offense, the term shall be life.
``(2) Fine.--An offender to whom paragraph (1) applies shall
be fined not more than $2,000,000, and if the offender is a
career offender, not more than $4,000,000.
``(3) Supervised release.--An offender to whom paragraph (1)
applies shall be sentenced to supervised release for a period
of 4 years, but if the offender is a repeat offender or death
or serious bodily injury result to any person from the offense,
for a period of 8 years.
``(c) Lesser Quantities of Major Drugs and Any Quantity of Certain
Other Substances.--
``(1) Prison.--If the violation of section 402 involves a
quantity, lesser than those specified in subsection (a) or (b),
of a major drug, or any quantity of another substance in
schedule I or II, or a date rape drug, the offender shall be
imprisoned not more than 20 years. If the offender is a repeat
offender, the term shall not be less than 30 years. If death or
serious bodily injury results to any person from the offense,
the offender shall be imprisoned any term or years not less
than 20, or for life.
``(2) Fine.--An offender to whom paragraph (1) applies shall
be fined not more than $1,000,000, and if the offender is a
repeat offender, not more than $2,000,000.
``(3) Supervised release.--An offender to whom paragraph (1)
applies shall be sentence to supervised release for a period of
3 years, but if the defendant is a repeat offender for a period
of 6 years.
``(d) Midlevel Quantities of Marijuana, Larger Quantities of Hashish,
and Certain Schedule III Substances.--
``(1) Prison.--If the violation of section 402 involves a
midlevel quantity of marijuana, a larger quantity of hashish,
or any quantity of a schedule III substance for which a penalty
is not imposed in a previous subsection of this section, the
offender shall be imprisoned not more than five years, or if a
repeat offender, not more than 10 years.
``(2) Fine.--An offender to whom paragraph (1) applies shall
be fined not more than $250,000 and if the offender is a career
offender, not more than $500,000.
``(3) Supervised release.--An offender to whom paragraph (1)
applies shall be sentenced to supervised release for a period
of 2 years, but if the defendant is a repeat offender, for a
period of 4 years.
``(e) Schedule IV Substances.--If the violation of section 402
involves a schedule IV substance, the offender shall be imprisoned not
more than three years and to supervised release for one year. If the
offender is a repeat offender, the offender shall be imprisoned not
more than six years and shall be sentenced to supervised release for
two years.
``(f) Schedule V Substances.--If the violation of section 402
involves a schedule V substance, the offender shall be imprisoned not
more than one year. If the offender is a repeat offender, the offender
shall be imprisoned not more than two years.
``Sec. 404. Offenses involving protected persons
``(a) Distribution With Intent To Commit a Crime of Violence.--
``(1) In general.--Whoever, with intent to commit a crime of
violence (including an offense that would also be punishable
under section 201 if the conduct occurred in the special
maritime and territorial jurisdiction of the United States),
against an individual, violates section 402 by distributing a
controlled substance or controlled substance analogue to that
individual without that individual's knowledge shall be
imprisoned not more than 20 years.
``(2) Definition.--As used in this subsection, the term
`without that individual's knowledge' means that the individual
is unaware that a substance with the ability to alter that
individual's ability to appraise conduct or to decline
participation in or communicate unwillingness to participate in
conduct is administered to the individual.
``(b) Endangering Human Life While Illegally Manufacturing Controlled
Substance.--Whoever, while manufacturing a controlled substance in
violation of the Controlled Substances Act, or attempting or conspiring
to do so, or transporting materials, including chemicals, to do so,
knowingly creates a risk of harm to human life shall be imprisoned not
more than ten years.
``(c) Distribution to Minors.--
``(1) First offenses.--Except as provided in section 405 and
in paragraph (2), any person at least 18 years of age who
violates section 402 by distributing a controlled substance to
a person under 21 years of age is subject to (A) twice the
maximum punishment authorized by section 403, and (B) at least
twice any term of supervised release authorized by section 403,
for a first offense involving the same controlled substance and
schedule. Except to the extent a greater minimum sentence is
otherwise provided by section 403, a term of imprisonment under
this subsection shall be not less than one year. The mandatory
minimum sentencing provisions of this subsection shall not
apply to offenses involving 5 grams or less of marihuana.
``(2) Second and subsequent offenses.--Except as provided in
section 405, if the offender under paragraph (1) has a prior
conviction under paragraph (1) (or under section 303(b)(2) of
the Federal Food, Drug, and Cosmetic Act as in effect prior to
the effective date of section 701(b) of the Controlled
Substances Act) is subject to (A) three times the maximum
punishment authorized by section 403, and (B) at least three
times any term of supervised release authorized by section 403,
for a second offense or subsequent offense involving the same
controlled substance and schedule. Except to the extent a
greater minimum sentence is otherwise provided by section 403,
a term of imprisonment under this subsection shall be not less
than one year. Penalties for third and subsequent convictions
shall those provided by section 403(a) for offenses involving
large quantities of major drugs under that section.
``(d) Adults Using Children.--Whoever, being at least 21 years of
age, knowingly--
``(1) employs, hires, uses, persuades, induces, entices, or
coerces a child to violate section 402; or
``(2) employs, hires, uses, persuades, induces, entices, or
coerces a child to assist in avoiding detection or
apprehension, for any offense under section 402, by any
Federal, State, or local law enforcement official,
is punishable by a term of imprisonment and a fine, or both, up to
triple those authorized by section 403.
``(e) Young Adults Using Children.--
``(1) Whoever, not being a child, knowingly--
``(A) employs, hires, uses, persuades, induces,
entices, or coerces, a child to violate any provision
of this chapter or of the Controlled Substances Act or
the Controlled Substances Import and Export Act;
``(B) employs, hires, uses, persuades, induces,
entices, or coerces, child to assist in avoiding
detection or apprehension, for any such violation, by
any Federal, State, or local law enforcement official;
or
``(C) receives a controlled substance from a child,
other than an immediate family member, in violation of
section 402;
shall be imprisoned for up to twice the maximum term otherwise
authorized and be sentenced at least twice any term of supervised
release otherwise authorized for a first offense. Except to the extent
a greater minimum sentence is otherwise provided, a term of
imprisonment under this subsection shall not be less than one year.
``(2) Whoever violates paragraph (1) after a prior conviction
under paragraph (1) of this section, is punishable by a term of
imprisonment up to three times that otherwise authorized, or
both, and at least three times any term of supervised release
otherwise authorized for a first offense. Except to the extent
a greater minimum sentence is otherwise provided, a term of
imprisonment under this subsection shall not be less than one
year. Penalties for third and subsequent convictions shall
those provided by section 403(a) for offenses involving large
quantities of major drugs under that section.
``(f) Providing Controlled Substances to Children.--Whoever violates
subsection (c) or (d)--
``(1) by knowingly providing or distributing a controlled
substance or a controlled substance analogue to a child; or
``(2) if the person employed, hired, or used is 14 years of
age or younger;
shall be subject to a term of imprisonment for not more than five
years, in addition to any other punishment authorized by this chapter.
``(g) Pregnant Persons.--Except as authorized by the Controlled
Substances Act, it shall be unlawful for any person to knowingly or
intentionally provide or distribute any controlled substance to a
pregnant individual in violation of any provision of this title.
Whoever violates this subsection shall be subject to the same penalties
as are provided for a violation of subsection (c).
``Sec. 405. Enhancement for offenses involving protected places
``(a) Cultivation on Federal Property.--The maximum fine that may be
imposed for a violation of section 402 by cultivating a controlled
substance on Federal property shall be the greater of the amount
otherwise provided in this chapter or--
``(1) $500,000 if the defendant is an individual; or
``(2) $1,000,000 if the defendant is other than an
individual.
``(b) Use of Hazardous Substance on Federal Land.--Whoever in the
course of a violation of section 402 knowingly uses a poison, chemical,
or other hazardous substance on Federal land, and, by such use--
``(1) creates a serious hazard to humans, wildlife, or
domestic animals,
``(2) degrades or harms the environment or natural resources,
or
``(3) pollutes an aquifer, spring, stream, river, or body of
water,
shall be imprisoned not more than five years.
``(c) Boobytraps.--
``(1) Whoever knowingly assembles, maintains,or places a
boobytrap on Federal property where a controlled substance is
being manufactured, distributed, or dispensed shall be
imprisoned not more than ten years.
``(2) If the offender has one or more prior convictions for
an offense under this subsection, the offender shall be
imprisoned not more than 20 years.
``(3) As used in this subsection, the term `boobytrap' means
any concealed or camouflaged device designed to cause bodily
injury when triggered by any action of any unsuspecting person
making contact with the device. Such term includes guns,
ammunition, or explosive devices attached to trip wires or
other triggering mechanisms, sharpened stakes, and lines or
wires with hooks attached.
``(d) Safety Rest Areas.--
``(1) Enhancement.--Whoever violates section 402 by
distributing or possessing with intent to distribute a
controlled substance in or on, or within 1,000 feet of, a truck
stop or safety rest area is subject to--
``(A) in the case of a first offense under this
subsection subject to--
``(i) twice the maximum punishment provided
in section 403; and
``(ii) twice any term of supervised release
authorized by section 403 for a first offense;
and
``(B) in the case of an offense under this subsection
after a prior conviction under this subsection--
``(i) three times the maximum punishment
authorized by section 403; and
``(ii) three times any term of supervised
release authorized by section 403 for a first
offense.
``(2) Definitions.--As used in this subsection--
``(A) the term `safety rest area' means a roadside
facility with parking facilities for the rest or other
needs of motorists; and
``(B) the term `truck stop' means a facility
(including any parking lot appurtenant thereto) that--
``(i) has the capacity to provide fuel or
service, or both, to any commercial motor
vehicle (as defined in section 31301 of title
49), operating in commerce (as defined in that
section); and
``(ii) is located within 2,500 feet of the
National System of Interstate and Defense
Highways or the Federal-Aid Primary System.
``Sec. 406. Maintaining drug-involved premises.
``(a) Except as authorized by this title, it shall be unlawful to--
``(1) knowingly open, lease, rent, use, or maintain any
place, whether permanently or temporarily, for the purpose of
manufacturing, distributing, or using any controlled substance;
or
``(2) manage or control any place, whether permanently or
temporarily, either as an owner, lessee, agent, employee,
occupant, or mortgagee, and knowingly and intentionally rent,
lease, profit from, or make available for use, with or without
compensation, the place for the purpose of unlawfully
manufacturing, storing, distributing, or using a controlled
substance.
``(b) Whoever violates subsection (a) of this section shall be
sentenced to a term of imprisonment of not more than 20 years or a fine
of not more than $500,000, or both, or a fine of $2,000,000 for a
person other than an individual.
``(c) A violation of subsection (a) shall be considered an offense
against property for purposes of section 3663A(c)(1)(A)(ii) of this
title.
``(d)(1) Whoever violates subsection (a) shall be subject to a civil
penalty of not more than the greater of--
``(A) $250,000; or
``(B) 2 times the gross receipts, either known or estimated,
that were derived from each violation that is attributable to
the person.
``(2) If a civil penalty is calculated under paragraph (1)(B), and
there is more than 1 defendant, the court may apportion the penalty
between multiple violators, but each violator shall be jointly and
severally liable for the civil penalty under this subsection.
``(e) Whoever violates subsection (a) shall be subject to declaratory
and injunctive remedies as set forth in section 403(f) of the
Controlled Substances Act.
``Sec. 407. Distribution in or near schools
``(a) In General.--Whoever violates section 402 by distributing,
possessing with intent to distribute, or manufacturing a controlled
substance in or on, or within one thousand feet of, the real property
comprising a public or private elementary, vocational, or secondary
school or a public or private college, junior college, or university,
or a playground, or housing facility owned by a public housing
authority, or within 100 feet of a public or private youth center,
public swimming pool, or video arcade facility, is (except as provided
in subsection (b)) subject to--
``(1) twice the maximum punishment authorized by section 403;
and
``(2) at least twice any term of supervised release
authorized by section 403 for a first offense.
A fine up to twice that authorized by section 403 may be imposed in
addition to any term of imprisonment authorized by this subsection.
Except to the extent a greater minimum sentence is otherwise provided
by section 403, a person shall be sentenced under this subsection to a
term of imprisonment of not less than one year. The mandatory minimum
sentencing provisions of this paragraph shall not apply to offenses
involving 5 grams or less of marihuana.
``(b) Second or Subsequent Offenses.--Whoever violates subsection (a)
after a prior conviction under subsection (a) is punishable--
``(1) by the greater of--
``(A) a term of imprisonment of not less than three
years and not more than life imprisonment; or
``(B) three times the maximum punishment authorized
by section 403 for a first offense; and
``(2) at least three times any term of supervised release
authorized by section 403 for a first offense.
``A fine up to three times that authorized by section 403 may be
imposed in addition to any term of imprisonment authorized by this
subsection. Except to the extent a greater minimum sentence is
otherwise provided by section 401(b), a person shall be sentenced under
this subsection to a term of imprisonment of not less than three years.
Penalties for third and subsequent convictions shall be governed by
section 403.
``(c) Special Rule for Using Children.--Notwithstanding any other
law, whoever, being at least 21 years of age, knowingly--
``(1) employs, hires, uses, persuades, induces, entices, or
coerces a child to violate this section; or
``(2) employs, hires, uses, persuades, induces, entices, or
coerces a child to assist in avoiding detection or apprehension
for any offense under this section by any Federal, State, or
local law enforcement official,
is punishable by a term of imprisonment, a fine, or both, up to triple
those authorized by section 403.
``(d) Special Rule for Mandatory Minimum Sentences.--In the case of
any mandatory minimum sentence imposed under subsection (b), imposition
or execution of such sentence shall not be suspended and probation
shall not be granted. An individual convicted under this section shall
not be eligible for parole until the individual has served the
mandatory minimum term of imprisonment as provided by this section.
``(e) Definitions.--As used in this section--
``(1) the term `playground' means any outdoor facility
(including any parking lot appurtenant thereto) intended for
recreation, open to the public, and with any portion thereof
containing three or more separate apparatus intended for the
recreation of children including, but not limited to, sliding
boards, swingsets, and teeterboards;
``(2) the term `youth center' means any recreational facility
and/or gymnasium (including any parking lot appurtenant
thereto), intended primarily for use by persons under 18 years
of age, which regularly provides athletic, civic, or cultural
activities;
``(3) the term `video arcade facility' means any facility,
legally accessible to children, intended primarily for the use
of pinball and video machines for amusement containing a
minimum of ten machines that are either pinball or video
machines; and
``(4) the term `swimming pool' includes any parking lot
appurtenant thereto.
``Sec. 408. Listed chemicals
``(a) Offense.--Whoever knowingly--
``(1) possesses a listed chemical with intent to manufacture
a controlled substance except as authorized by the Controlled
Substances Act;
``(2) possesses or distributes, a listed chemical knowing, or
having reasonable cause to believe, that the listed chemical
will be used to manufacture a controlled substance except as
authorized by the Controlled Substances Act; or
``(3) with the intent of causing the evasion of the
recordkeeping or reporting requirements of section 310 of the
Controlled Substances Act, or the regulations issued under that
section, receives or distributes a reportable amount of any
listed chemical in units small enough so that the making of
records or filing of reports under that section is not
required;
shall be imprisoned not more than 20 years in the case of a violation
of paragraph (1) or (2) involving a list I chemical or not more than 10
years in any other case.
``(b) Injunctions.--In addition to any other applicable penalty, any
person convicted of a felony violation of this section relating to the
receipt, distribution, manufacture, exportation, or importation of a
listed chemical may be enjoined from engaging in any transaction
involving a listed chemical for not more than ten years.
``(c) Additional Offenses.--
``(1) Whoever knowingly distributes a listed chemical in
violation of the Controlled Substances Act (other than in
violation of a recordkeeping or reporting requirement of
section 310) shall be imprisoned not more than 5 years.
``(2) Whoever knowingly possesses any listed chemical, with
knowledge that the recordkeeping or reporting requirements of
section 310 of such Act have not been adhered to, if, after
such knowledge is acquired, such person does not take immediate
steps to remedy the violation shall be imprisoned not more than
one year.
``Sec. 409. Domestic regulatory offenses
``(a) Unlawful Conduct Generally.--It shall be unlawful for any
person--
``(1) who is subject to the requirements of part C of the
Controlled Substances Act to distribute or dispense a
controlled substance in violation of section 309 of that Act;
``(2) who is a registrant to distribute or dispense a
controlled substance not authorized by his registration to
another registrant or other authorized person or to manufacture
a controlled substance not authorized by his registration;
``(3) who is a registrant to distribute a controlled
substance in violation of section 305 of the Controlled
Substances Act;
``(4) to remove, alter, or obliterate a symbol or label
required by section 305 of the Controlled Substances Act;
``(5) to refuse or negligently fail to make, keep, or furnish
any record, report, notification, declaration, order or order
form, statement, invoice, or information required under the
Controlled Substances Act or the Controlled Substances Import
and Export Act;
``(6) to refuse any entry into any premises or inspection
authorized by the Controlled Substances Act or the Controlled
Substances Import and Export Act;
``(7) to remove, break, injure, or deface a seal placed upon
controlled substances pursuant to section 304(f) or 511 of the
Controlled Substances Act or to remove or dispose of substances
so placed under seal;
``(8) to use, to his own advantage, or to reveal, other than
to duly authorized officers or employees of the United States,
or to the courts when relevant in any judicial proceeding under
this title or title III, any information acquired in the course
of an inspection authorized by the Controlled Substances Act
concerning any method or process which as a trade secret is
entitled to protection, or to use to his own advantage or
reveal (other than as authorized by section 310 of that Act)
any information that is confidential under such section;
``(9) who is a regulated person to engage in a regulated
transaction without obtaining the identification required by
310(a)(3) of the Controlled Substances Act;
``(10) negligently to fail to keep a record or make a report
under section 310 of that Act; or
``(11) to distribute a laboratory supply to a person who
uses, or attempts to use, that laboratory supply to manufacture
a controlled substance or a listed chemical, in violation of
the Controlled Substances Act or the Controlled Substances
Import and Export Act, with reckless disregard for the illegal
uses to which such a laboratory supply will be put.
``(b) Definition.--As used in subsection (a)(11), the term
`laboratory supply' means a listed chemical or any chemical, substance,
or item on a special surveillance list published by the Attorney
General, which contains chemicals, products, materials, or equipment
used in the manufacture of controlled substances and listed chemicals.
For purposes of that subsection, there is a rebuttable presumption of
reckless disregard at trial if the Attorney General notifies a firm in
writing that a laboratory supply sold by the firm, or any other person
or firm, has been used by a customer of the notified firm, or
distributed further by that customer, for the unlawful production of
controlled substances or listed chemicals a firm distributes and 2
weeks or more after the notification the notified firm distributes a
laboratory supply to the customer.
``(c) Schedule I and II Substances.--It shall be unlawful for any
person who is a registrant to manufacture a controlled substance in
schedule I or II which is--
``(1) not expressly authorized by the registration and by a
quota assigned to that registrant pursuant to section 306 of
the Controlled Substances Act; or
``(2) in excess of a quota assigned to that registrant
pursuant to section 306.
``(d)(1)(A) Except as provided in subparagraph (B) of this paragraph
and paragraph (2), whoever violates this section shall, with respect to
any such violation, be subject to a civil penalty of not more than
$25,000.
``(B) In the case of a violation of paragraph (5) or (10) of
subsection (a), the civil penalty shall not exceed $10,000.
``(2)(A) Whoever knowingly violates this section shall, except as
otherwise provided in subparagraph (B), be imprisoned not more than one
year.
``(B) If a violation referred to in subparagraph (A) was committed
after one or more prior convictions of the offender for an offense
punishable under this paragraph (2), or for a crime under any other
provision of any law of the United States relating to controlled
substances, narcotic drugs, marihuana, or depressant or stimulant
substances, have become final, such person shall be sentenced to a term
of imprisonment of not more than 2 years.
``(C) In addition to the penalties set forth elsewhere in this title,
any business that violates paragraph (11) of subsection (a) shall, with
respect to the first such violation, be subject to a civil penalty of
not more than $250,000, but shall not be subject to criminal penalties
under this section, and shall, for any succeeding violation, be subject
to a civil fine of not more than $250,000 or double the last previously
imposed penalty, whichever is greater.
``(3) Except under the conditions specified in paragraph (2) of this
subsection, a violation of this section does not constitute a crime,
and a judgment for the United States and imposition of a civil penalty
pursuant to paragraph (1) shall not give rise to any disability or
legal disadvantage based on conviction for a criminal offense.
``Sec. 410. Additional domestic regulatory offenses
``(a) Generally.--It shall be unlawful for any person knowingly--
``(1) as a registrant to distribute a controlled substance
classified in schedule I or II, in the course of legitimate
business, except pursuant to an order or an order form as
required by section 308 of the Controlled Substances Act;
``(2) to use in the course of the manufacture, distribution,
or dispensing of a controlled substance, or to use for the
purpose of acquiring or obtaining a controlled substance, a
registration number which is fictitious, revoked, suspended,
expired, or issued to another person;
``(3) to acquire or obtain possession of a controlled
substance by misrepresentation, fraud, forgery, deception, or
subterfuge;
``(4)(A) to furnish false or fraudulent material information
in, or omit any material information from, any application,
report, record, or other document required to be made, kept, or
filed under this chapter, the Controlled Substances Act, or the
Controlled Substances Import and Export Act, or (B) to present
false or fraudulent identification where the person is
receiving or purchasing a listed chemical and the person is
required to present identification under section 310(a) of the
Controlled Substances Act;
``(5) to make, distribute, or possess any punch, die, plate,
stone, or other thing designed to print, imprint, or reproduce
the trademark, trade name, or other identifying mark, imprint,
or device of another or any likeness of any of the foregoing
upon any drug or container or labeling thereof so as to render
such drug a counterfeit substance;
``(6) to possess any three-neck round-bottom flask, tableting
machine, encapsulating machine, or gelatin capsule, or any
equipment, chemical, product, or material which may be used to
manufacture a controlled substance or listed chemical, knowing,
intending, or having reasonable cause to believe, that it will
be used to manufacture a controlled substance or listed
chemical in violation of this title, the Controlled Substances
Act, or the Controlled Substances Import and Export Act;
``(7) to manufacture, distribute, export, or import any
three-neck round-bottom flask, tableting machine, encapsulating
machine, or gelatin capsule, or any equipment, chemical,
product, or material which may be used to manufacture a
controlled substance or listed chemical, knowing, intending, or
having reasonable cause to believe, that it will be used to
manufacture a controlled substance or listed chemical in
violation of this title, the Controlled Substances Act, or the
Controlled Substances Import and Export Act or, in the case of
an exportation, in violation of this title, the Controlled
Substances Act, the Controlled Substances Import and Export
Act, or of the laws of the country to which it is exported;
``(8) to create a chemical mixture for the purpose of evading
a requirement of section 310 of the Controlled Substances Act
or to receive a chemical mixture created for that purpose; or
``(9) to distribute, import, or export a list I chemical
without the registration required by the Controlled Substances
Act or the Controlled Substances Import and Export Act.
``(b) Use of Communication Facility.--
``(1) It shall be unlawful for any person knowingly or
intentionally to use any communication facility in committing
or in causing or facilitating the commission of any felony
under this chapter or the Controlled Substances Act or the
Controlled Substances Import and Export Act.
``(2) Each separate use of a communication facility shall be
a separate offense under this subsection.
``(3) As used in this subsection, the term `communication
facility' means any and all public and private
instrumentalities used or useful in the transmission of
writing, signs, signals, pictures, or sounds of all kinds and
includes mail, telephone, wire, radio, and all other means of
communication.
``(c) Advertising.--
``(1) It shall be unlawful for any person to place in any
newspaper, magazine, handbill, or other publications, any
written advertisement knowing that it has the purpose of
seeking or offering illegally to receive, buy, or distribute a
schedule I controlled substance.
``(2) As used in this subsection the term `advertisement'
includes, in addition to its ordinary meaning, such
advertisements as those for a catalog of schedule I controlled
substances and any similar written advertisement that has the
purpose of seeking or offering illegally to receive, buy, or
distribute a schedule I controlled substance. The term
`advertisement' does not include material which merely
advocates the use of a similar material, which advocates a
position or practice, and does not attempt to propose or
facilitate an actual transaction in a schedule I controlled
substance.
``(d) Penalties.--
``(1) Except as provided in paragraph (2), whoever knowingly
violates this section shall be imprisoned not more than 4
years; except that if any person commits such a violation after
being convicted for a felony under any law of the United States
relating to controlled substances, narcotic drugs, marihuana,
or depressant or stimulant substances, such person shall be
sentenced to a term of imprisonment of not more than 8 years.
``(2) Whoever, with the intent to manufacture or to
facilitate the manufacture of methamphetamine, violates
paragraph (6) or (7) of subsection (a), shall be imprisoned not
more than 10 years; except that if any person commits such a
violation after one or more prior convictions of that persons
for a violation of any law of the United States or any State
relating to controlled substances or listed chemicals, such
person shall be imprisoned not more than 20 years.
``(e) Injunction Relating To Engaging in Transactions.-- In addition
to any other applicable penalty, any person convicted of a felony
violation of this section relating to the receipt, distribution,
manufacture, exportation, or importation of a listed chemical may be
enjoined from engaging in any transaction involving a listed chemical
for not more than ten years.
``(f) Declaratory and Other Relief.--
``(1) In addition to any penalty provided in this section,
the Attorney General is authorized to commence a civil action
for appropriate declaratory or injunctive relief relating to a
violation of this section, section 402, or section 406.
``(2) Any action under this subsection may be brought in the
district court of the United States for the district in which
the defendant is located or resides or is doing business.
``(3) Any order or judgment issued by the court pursuant to
this subsection shall be tailored to restrain the violation.
``(4) The court shall proceed as soon as practicable to the
hearing and determination of such an action. An action under
this subsection is governed by the Federal Rules of Civil
Procedure except that, if an indictment has been returned
against the respondent, discovery is governed by the Federal
Rules of Criminal Procedure.
``Sec. 411. Penalty for simple possession
``(a) Elements of Offense.--It shall be unlawful for any person
knowingly--
``(1) to possess a controlled substance unless such substance
was obtained directly, or pursuant to a valid prescription or
order, from a practitioner acting in the course of professional
practice, or except as otherwise authorized by the Controlled
Substances Act or the Controlled Substances Import and Export
Act; or
``(2) to possess any list I chemical obtained pursuant to or
under authority of a registration issued to that person under
section 303 of the Controlled Substances Act or section 1008 of
the Controlled Substances Import and Export Act, if that
registration has been revoked or suspended, if that
registration has expired, or if the registrant has ceased to do
business in the manner contemplated by his registration.
``(b) Punishment.--
``(1) Generally.--Whoever violates subsection (a) shall be
imprisoned not more than 1 year, except that the offense is
after a prior conviction of the offender under the Controlled
Substances Act or the Controlled Substances Import and Export
Act, or for any drug, narcotic, or chemical offense chargeable
under the law of any State, the offender shall be imprisoned
not less than 15 days nor more than 2 years and if the offense
is after two or more such convictions, the offender shall be
sentenced to a term of imprisonment for not less than 90 days
but not more than 3 years.
``(2) Cocaine base.--Notwithstanding paragraph (a), a person
convicted under this section for the possession of a mixture or
substance which contains cocaine base shall be imprisoned not
less than 5 years and not more than 20 years if the conviction
is a first conviction under this subsection and the amount of
the mixture or substance exceeds 5 grams, if the conviction is
after a prior conviction for the possession of such a mixture
or substance under this subsection becomes final and the amount
of the mixture or substance exceeds 3 grams, or if the
conviction is after 2 or more prior convictions for the
possession of such a mixture or substance under this subsection
become final and the amount of the mixture or substance exceeds
1 gram.
``(3) Flunitrazepam.--Notwithstanding any penalty provided in
this subsection, any person convicted under this subsection for
the possession of flunitrazepam shall be imprisoned for not
more than 3 years. The imposition or execution of a minimum
sentence required to be imposed under this subsection shall not
be suspended or deferred.
``(4) Costs.--Further, upon conviction, a person who violates
this subsection shall be fined the reasonable costs of the
investigation and prosecution of the offense, including the
costs of prosecution of an offense as defined in sections 1918
and 1920 of title 28, except that this sentence shall not apply
and a fine under this section need not be imposed if the court
determines the defendant lacks the ability to pay.
``(c) Definition.--As used in this section, the term `drug, narcotic,
or chemical offense' means any offense which proscribes the possession,
distribution, manufacture, cultivation, sale, transfer, or the attempt
or conspiracy to possess, distribute, manufacture, cultivate, sell or
transfer any substance the possession of which is prohibited under the
Controlled Substances Act.
``Sec. 412. Civil penalty for possession of small amounts of certain
controlled substances
``(a) In General.--An individual who knowingly possesses a controlled
substance described in section 403(a) in violation of section 411 in an
amount that, as specified by regulation of the Attorney General, is a
personal use amount shall be liable to the United States for a civil
penalty in an amount not to exceed $10,000.
``(b) Income and Net Assets.--The income and net assets of an
individual shall not be relevant to the determination whether to assess
a civil penalty under this section or to prosecute the individual
criminally. However, in determining the amount of a penalty under this
section, the income and net assets of an individual shall be
considered.
``(c) Prior Conviction.--A civil penalty may not be assessed under
this section if the individual previously was convicted of a Federal or
State offense relating to a controlled substance.
``(d) Limitation on Number of Assessments.--A civil penalty may not
be assessed on an individual under this section on more than two
separate occasions.
``(e) Assessment.--A civil penalty under this section may be assessed
by the Attorney General only by an order made on the record after
opportunity for a hearing in accordance with section 554 of title 5.
The Attorney General shall provide written notice to the individual who
is the subject of the proposed order informing the individual of the
opportunity to receive such a hearing with respect to the proposed
order. The hearing may be held only if the individual makes a request
for the hearing before the expiration of the 30-day period beginning on
the date such notice is issued.
``(f) Compromise.--The Attorney General may compromise, modify, or
remit, with or without conditions, any civil penalty imposed under this
section.
``(g) Judicial Review.--If the Attorney General issues an order
pursuant to subsection (e) after a hearing described in such
subsection, the individual who is the subject of the order may, before
the expiration of the 30-day period beginning on the date the order is
issued, bring a civil action in the appropriate district court of the
United States. In such action, the law and the facts of the violation
and the assessment of the civil penalty shall be determined de novo,
and shall include the right of a trial by jury, the right to counsel,
and the right to confront witnesses. The facts of the violation shall
be proved beyond a reasonable doubt.
``(h) Civil Action.--If an individual does not request a hearing
pursuant to subsection (e) and the Attorney General issues an order
pursuant to such subsection, or if an individual does not under
subsection (g) seek judicial review of such an order, the Attorney
General may commence a civil action in any appropriate district court
of the United States for the purpose of recovering the amount assessed
and an amount representing interest at a rate computed in accordance
with section 1961 of title 28. Such interest shall accrue from the
expiration of the 30-day period described in subsection (g). In such an
action, the decision of the Attorney General to issue the order, and
the amount of the penalty assessed by the Attorney General, shall not
be subject to review.
``(i) Limitation.--The Attorney General may not under this section
commence proceeding against an individual after the expiration of the
5-year period beginning on the date on which the individual allegedly
violated subsection (a).
``(j) Expungement Procedures.--The Attorney General shall dismiss the
proceedings under this section against an individual upon application
of such individual at any time after the expiration of 3 years if--
``(1) the individual has not previously been assessed a civil
penalty under this section;
``(2) the individual has paid the assessment;
``(3) the individual has complied with any conditions imposed
by the Attorney General;
``(4) the individual has not been convicted of a Federal or
State offense relating to a controlled substance; and
``(5) the individual agrees to submit to a drug test, and
such test shows the individual to be drug free.
A nonpublic record of a disposition under this subsection shall be
retained by the Department of Justice solely for the purpose of
determining in any subsequent proceeding whether the person qualified
for a civil penalty or expungement under this section. If a record is
expunged under this subsection, an individual concerning whom such an
expungement has been made shall not be held thereafter under any
provision of law to be guilty of perjury, false swearing, or making a
false statement by reason of his failure to recite or acknowledge a
proceeding under this section or the results thereof in response to an
inquiry made of him for any purpose.
``Sec. 413. Continuing criminal enterprise
``(a) Engaging in Enterprise.--
``(1) Whoever engages in a continuing criminal enterprise
shall be imprisoned for any term of years not less than 20, or
for life.
``(2) If a person engages in such activity after a prior
conviction of that person under this section, the offender
shall be imprisoned any term of years not less than 30, or for
life.
``(b) Aggravated Offense.--Whoever engages in a continuing criminal
enterprise shall be imprisoned for life under subsection (a), if--
``(1) such person is the principal administrator, organizer,
or leader of the enterprise or is one of several such principal
administrators, organizers, or leaders; and
``(2)(A) the violation referred to in subsection (c)(1)
involved at least 300 times the quantity of a substance
described in section 403(b); or
``(B) the enterprise, or any other enterprise in which the
defendant was the principal or one of several principal
administrators, organizers, or leaders, received $10 million
dollars in gross receipts during any twelve-month period of its
existence for the manufacture, importation, or distribution of
a substance described in section 403(b).
``(c) What Constitutes `Engaging'.--For purposes of this section, a
person is engaged in a continuing criminal enterprise if--
``(1) that person violates any provision of this chapter the
punishment for which is a felony, and
``(2) such violation is a part of a continuing series of
violations of chapter--
``(A) which are undertaken by such person in concert
with five or more other persons with respect to whom
such person occupies a position of organizer, a
supervisory position, or any other position of
management, and
``(B) from which such person obtains substantial
income or resources.
``(d) Special Rule for Sentencing.--In the case of any sentence
imposed under this section, imposition or execution of such sentence
shall not be suspended, probation shall not be granted, and the Act of
July 15, 1932 (D.C. Code, secs. 24-203--24-207), shall not apply.
``(e) Death Penalty.--
``(1) In addition to the other penalties set forth in this
section whoever--
``(A) while engaging in or working in furtherance of
a continuing criminal enterprise, or engaging in an
offense punishable under section 403(a) intentionally
kills or counsels, commands, induces, procures, or
causes the intentional killing of an individual and
such killing results; and
``(B) during the commission of, in furtherance of, or
while attempting to avoid apprehension, prosecution or
service of a prison sentence for, a felony violation of
this chapter intentionally kills or counsels, commands,
induces, procures, or causes the intentional killing of
any Federal, State, or local law enforcement officer
engaged in, or on account of, the performance of such
officer's official duties and such killing results;
shall be imprisoned any term of year not less than 20, or for life, or
may be sentenced to death.
``(2) As used in paragraph (1)(B), the term `law enforcement officer'
means a public servant authorized by law to conduct or engage in the
prevention, investigation, prosecution or adjudication of an offense,
and includes those engaged in corrections, probation, or parole
functions.
``Sec. 414. Drug paraphernalia
``(a) Offense.--Whoever--
``(1) sells or offers for sale drug paraphernalia;
``(2) uses a facility of interstate or foreign commerce to
transport drug paraphernalia; or
``(3) imports or exports drug paraphernalia;
shall be imprisoned not more than three years.
``(b) Forfeiture.--Any drug paraphernalia involved in any violation
of subsection (a) of this section shall be subject to seizure and
forfeiture upon the conviction of a person for such violation. Any such
paraphernalia shall be delivered to the Administrator of General
Services, General Services Administration, who may order such
paraphernalia destroyed or may authorize its use for law enforcement or
educational purposes by Federal, State, or local authorities.
``(c) Definition.--The term `drug paraphernalia' means any equipment,
product, or material of any kind which is primarily intended or
designed for use in manufacturing, compounding, converting, concealing,
producing, processing, preparing, injecting, ingesting, inhaling, or
otherwise introducing into the human body a controlled substance,
possession of which is unlawful under the Controlled Substances Act
(title II of Public Law 91-513). It includes items primarily intended
or designed for use in ingesting, inhaling, or otherwise introducing
marijuana, cocaine, hashish, hashish oil, PCP, methamphetamine, or
amphetamines into the human body, such as--
``(1) metal, wooden, acrylic, glass, stone, plastic, or
ceramic pipes with or without screens, permanent screens,
hashish heads, or punctured metal bowls;
``(2) water pipes;
``(3) carburetion tubes and devices;
``(4) smoking and carburetion masks;
``(5) roach clips: meaning objects used to hold burning
material, such as a marihuana cigarette, that has become too
small or too short to be held in the hand;
``(6) miniature spoons with level capacities of one-tenth
cubic centimeter or less;
``(7) chamber pipes;
``(8) carburetor pipes;
``(9) electric pipes;
``(10) air-driven pipes;
``(11) chillums;
``(12) bongs;
``(13) ice pipes or chillers;
``(14) wired cigarette papers; or
``(15) cocaine freebase kits.
``(e) Factors Which May Be Considered.--In determining whether an
item constitutes drug paraphernalia, in addition to all other logically
relevant factors, the following may be considered:
``(1) Instructions, oral or written, provided with the item
concerning its use.
``(2) Descriptive materials accompanying the item which
explain or depict its use.
``(3) National and local advertising concerning its use.
``(4) The manner in which the item is displayed for sale.
``(5) Whether the owner, or anyone in control of the item, is
a legitimate supplier of like or related items to the
community, such as a licensed distributor or dealer of tobacco
products.
``(6) Direct or circumstantial evidence of the radio of sales
of the item to the total sales of the business enterprise.
``(7) The existence and scope of legitimate uses of the item
in the community.
``(8) Expert testimony concerning its use.
``(f) Exclusions.--This section shall not apply to--
``(1) any person authorized by local, State, or Federal law
to manufacture, possess, or distribute such items; or
``(2) any item that, in the normal lawful course of business,
is imported, exported, transported, or sold through the mail or
by any other means, and traditionally intended for use with
tobacco products, including any pipe, paper, or accessory.
``Sec. 415. Proceedings to establish prior convictions
``(a) Filing of Information.--
``(1) No person who is convicted of an offense under this
chapter shall be sentenced to increased punishment by reason of
one or more prior convictions, unless before trial, or before
entry of a plea of guilty, the United States attorney files an
information with the court (and serves a copy of such
information on the person or counsel for the person) stating in
writing the previous convictions to be relied upon. Upon a
showing by the United States attorney that facts regarding
prior convictions could not with due diligence be obtained
prior to trial or before entry of a plea of guilty, the court
may postpone the trial or the taking of the plea of guilty for
a reasonable period for the purpose of obtaining such facts.
Clerical mistakes in the information may be amended at any time
prior to the pronouncement of sentence.
``(2) An information may not be filed under this section if
the increased punishment which may be imposed is imprisonment
for a term in excess of three years unless the person either
waived or was afforded prosecution by indictment for the
offense for which such increased punishment may be imposed.
``(b) Affirmation or Denial of Previous Conviction.--If the United
States attorney files an information under this section, the court
shall after conviction but before pronouncement of sentence inquire of
the person with respect to whom the information was filed whether he
affirms or denies that he has been previously convicted as alleged in
the information, and shall inform him that any challenge to a prior
conviction which is not made before sentence is imposed may not
thereafter be raised to attack the sentence.
``(c) Denial, Written Response, and Hearing.--
``(1) If the person denies any allegation of the information
of prior conviction, or claims that any conviction alleged is
invalid, he shall file a written response to the information. A
copy of the response shall be served upon the United States
attorney. The court shall hold a hearing to determine any
issues raised by the response which would except the person
from increased punishment. The failure of the United States
attorney to include in the information the complete criminal
record of the person or any facts in addition to the
convictions to be relied upon shall not constitute grounds for
invalidating the notice given in the information required by
subsection (a)(1). The hearing shall be before the court
without a jury and either party may introduce evidence. Except
as otherwise provided in paragraph (2) of this subsection, the
United States attorney shall have the burden of proof beyond a
reasonable doubt on any issue of fact. At the request of either
party, the court shall enter findings of fact and conclusions
of law.
``(2) A person claiming that a conviction alleged in the
information was obtained in violation of the Constitution of
the United States shall set forth his claim, and the factual
basis therefor, with particularity in his response to the
information. The person shall have the burden of proof by a
preponderance of the evidence on any issue of fact raised by
the response. Any challenge to a prior conviction, not raised
by response to the information before an increased sentence is
imposed in reliance thereon, shall be waived unless good cause
be shown for failure to make a timely challenge.
``(d) Imposition of Sentence.--
``(1) If the person files no response to the information, or
if the court determines, after hearing, that the person is
subject to increased punishment by reason of prior convictions,
the court shall proceed to impose sentence upon him as provided
by this part.
``(2) If the court determines that the person has not been
convicted as alleged in the information, that a conviction
alleged in the information is invalid, or that the person is
otherwise not subject to an increased sentence as a matter of
law, the court shall, at the request of the United States
attorney, postpone sentence to allow an appeal from that
determination. If no such request is made, the court shall
impose sentence as provided by this part. The person may appeal
from an order postponing sentence as if sentence had been
pronounced and a final judgment of conviction entered.
``(e) Challenges of Validity of Prior Convictions.--No person who is
convicted of an offense under this chapter may challenge the validity
of any prior conviction alleged under this section which occurred more
than five years before the date of the information alleging such prior
conviction.
``Sec. 416. Anhydrous ammonia
``(a) It is unlawful for any person--
``(1) to steal anhydrous ammonia, or
``(2) to transport stolen anhydrous ammonia across State
lines,
knowing, intending, or having reasonable cause to believe that such
anhydrous ammonia will be used to manufacture a controlled substance in
violation of this part.
``(b) Whoever violates subsection (a) shall be imprisoned in
accordance with section 403(d) as if such violation were a violation of
a provision of section 403.
``Sec. 417. Controlled substances import and export listed chemical
offenses
``Whoever knowingly--
``(1) imports or exports a listed chemical with intent to
manufacture a controlled substance in violation of the
Controlled Substances Act or the Controlled Substances Import
and Export Act;
``(2) exports a listed chemical in violation of the laws of
the country to which the chemical is exported or serves as a
broker or trader for an international transaction involving a
listed chemical, if the transaction is in violation of the laws
of the country to which the chemical is exported;
``(3) imports or exports a listed chemical knowing, or having
reasonable cause to believe, that the chemical will be used to
manufacture a controlled substance in violation of the
Controlled Substances Act or the Controlled Substances Import
or Export Act;
``(4) exports a listed chemical, or serves as a broker or
trader for an international transaction involving a listed
chemical, knowing, or having reasonable cause to believe, that
the chemical will be used to manufacture a controlled substance
in violation of the laws of the country to which the chemical
is exported;
``(5) imports or exports a listed chemical, with the intent
to evade the reporting or recordkeeping requirements of section
1018 applicable to such importation or exportation by falsely
representing to the Attorney General that the importation or
exportation qualifies for a waiver of the 15-day notification
requirement granted pursuant to section 1018(e) (2) or (3) of
the Controlled Substances Import and Export Act by
misrepresenting the actual country of final destination of the
listed chemical or the actual listed chemical being imported or
exported;
``(6) imports or exports a listed chemical in violation of
section 1007 or 1018; or
``(7) manufactures, possesses with intent to distribute, or
distributes a listed chemical in violation of section 1009;
shall be imprisoned not more than 20 years in the case of a violation
of paragraph (1) or (3) involving a list I chemical or not more than 10
years in the case of a violation of this subsection other than a
violation of paragraph (1) or (3) involving a list I chemical, or both.
``Sec. 418. Prohibited acts related to foreign terrorist organizations
or terrorist persons and groups
``(a) Offense.--Whoever, as made applicable in subsection (b),
engages in conduct that would be punishable under section 841(a) of
this title if committed within the jurisdiction of the United States,
knowing or intending to provide, directly or indirectly, anything of
pecuniary value to any person or organization that has engaged or
engages in terrorist activity (as defined in section 212(a)(3)(B) of
the Immigration and Nationality Act) or terrorism (as defined in
section 140(d)(2) of the Foreign Relations Authorization Act, Fiscal
Years 1988 and 1989), shall be sentenced to a term of imprisonment of
not less than twice the minimum punishment under section 841(b)(1), and
not more than life. Notwithstanding section 3583 of this title 18, any
sentence imposed under this subsection shall include a term of
supervised release of at least 5 years in addition to such term of
imprisonment.
``(b) Applicability.--The conduct described in subsection (a) is an
offense if--
``(1) the prohibited drug activity or the terrorist offense
is in violation of the criminal laws of the United States;
``(2) the offense, the prohibited drug activity, or the
terrorist offense occurs in or affects interstate or foreign
commerce;
``(3) an offender provides anything of pecuniary value for a
terrorist offense that causes or is designed to cause death or
serious bodily injury to a national of the United States while
that national is outside the United States, or substantial
damage to the property of a legal entity organized under the
laws of the United States (including any of its States,
districts, commonwealths, territories, or possessions) while
that property is outside of the United States;
``(4) the offense or the prohibited drug activity occurs in
whole or in part outside of the United States (including on the
high seas), and a perpetrator of the offense or the prohibited
drug activity 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); or
``(5) 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.
``(c) Proof Requirements.--To violate subsection (a), a person must
have knowledge that the person or organization has engaged or engages
in terrorist activity (as defined in section 212(a)(3)(B) of the
Immigration and Nationality Act) or terrorism (as defined in section
140(d)(2) of the Foreign Relations Authorization Act, Fiscal Years 1988
and 1989).
``(d) Definition.--As used in this section, the term `anything of
pecuniary value' has the meaning given the term in section 506.
``CHAPTER 19--ORGANIZED CRIME
``Subchapter
Sec.
``A. Racketeering................................................. 501
``B. Racketeer influenced and corrupt organizations............... 511
``C. Criminal street gangs........................................ 521
``SUBCHAPTER A--RACKETEERING
``Sec.
``501. Interference with commerce by threats or violence.
``502. Interstate and foreign travel or transportation in aid of
racketeering enterprises.
``503. Interstate transportation of wagering paraphernalia.
``504. Offer, acceptance, or solicitation to influence operations of
employee benefit plan.
``505. Prohibition of illegal gambling businesses.
``506. Use of interstate commerce facilities in the commission of
murder-for-hire.
``507. Violent crimes in aid of racketeering activity.
``508. Prohibition of unlicensed money transmitting businesses.
``Sec. 501. Interference with commerce by threats or violence
``(a) Offense.--Whoever affects interstate or foreign commerce, by
robbery or extortion 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 imprisoned not more than 20
years.
``(b) Definitions.--As used in this section--
``(1) The term `robbery' means the unlawful taking or
obtaining of personal property from the person or 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.
``(c) Exclusions.--This section does not repeal, modify or affect
section 6 or 20 of the Clayton Act, the Norris-LaGuardia Act, the Labor
Management Relations Act, 1947, or the Railway Labor Act.
``Sec. 502. Interstate and foreign travel or transportation in aid of
racketeering enterprises
``(a) Elements of Offense.--
``(1) Whoever travels in interstate or foreign commerce or
uses the mail or any facility in interstate or foreign
commerce, with intent to--
``(A) distribute the proceeds of any unlawful
activity;
``(B) commit any crime of violence to further any
unlawful activity; or
``(C) 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 engage in the conduct so
intended shall be punished as provided in subsection (b).
``(b) Punishment.--The punishment for an offense under subsection
(a)--
``(1) with respect to conduct described in subparagraph (A)
or (C) shall be imprisoned not more than 5 years; or
``(2) with respect to conduct described in subparagraph (B)
shall be imprisoned for not more than 20 years and if death
results shall be imprisoned for any term of years or for life.
``(c) Definitions.--As used in this section the term `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, or under section 1451 or 1452.
``Sec. 503. Interstate transportation of wagering paraphernalia
``(a) Offense.--Whoever, except a common carrier in the usual course
of its business, knowingly carries or sends in interstate or foreign
commerce any device to be used--
``(1) bookmaking;
``(2) wagering pools with respect to a sporting event; or
``(3) in a numbers, policy, bolita, or similar game;
shall be imprisoned for not more than five years.
``(b) Exclusion.--This section does 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;
``(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;
``(3) the carriage or transportation in interstate or foreign
commerce of any newspaper or similar publication;
``(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; or
``(5) 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) Effect on State Prosecutions.--Nothing in this section creates
immunity from criminal prosecution under any laws of a.
``(d) Definitions.-- As used in 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);
and
``(2) the term `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, but does not include the placing
or accepting of bets or wagers on sporting events or contests.
``Sec. 504. Offer, acceptance, or solicitation to influence operations
of employee benefit plan
``(a) Offense.--Whoever, being--
``(1) an administrator, officer, trustee, custodian, counsel,
agent, or employee of any employee welfare benefit plan or
employee pension benefit plan;
``(2) an officer, counsel, agent, or employee of an employer
or an employer any of whose employees are covered by such plan;
``(3) an officer, counsel, agent, or employee of an employee
organization any of whose members are covered by such plan; or
``(4) a person who, or an officer, counsel, agent, or
employee of an organization which, provides benefit plan
services to such plan;
receives or agrees to receive or solicits anything of value because of
or with intent to be influenced with respect to, any of the actions,
decisions, or other duties relating to any question or matter
concerning such plan or any person who directly or indirectly gives or
offers, or promises to give or offer, anything prohibited by this
section shall be imprisoned not more than three years.
``(b) Exclusion.--This section does not prohibit the payment to or
acceptance by any person of bona fide salary, compensation, or other
payments made for goods or facilities actually furnished or for
services actually performed in the regular course of his duties as such
person, administrator, officer, trustee, custodian, counsel, agent, or
employee of such plan, employer, employee organization, or organization
providing benefit plan services to such plan.
``(c) Definitions.--As used in this section--
``(1) the term `any employee welfare benefit plan' or
`employee pension benefit plan' means any employee welfare
benefit plan or employee pension benefit plan, respectively,
subject to any provision of title I of the Employee Retirement
Income Security Act of 1974; and
``(2) the term `employee organization' and `administrator'
have the meanings given those terms, respectively, in sections
3(4) and (3)(16) of the Employee Retirement Income Security Act
of 1974.
``Sec. 505. Prohibition of illegal gambling businesses
``(a) Offense.--Whoever conducts, finances, manages, supervises,
directs, or owns all or part of an illegal gambling business shall be
imprisoned not more than five years.
``(b) Definitions.--As used in this section--
``(1) the term `illegal gambling business' means a gambling
business which--
``(A) is a violation of the law of a State or
political subdivision in which it is conducted;
``(B) involves five or more persons who conduct,
finance, manage, supervise, direct, or own all or part
of such business; and
``(C) has been or remains in substantially continuous
operation for a period in excess of 30 days or has a
gross revenue of $2,000 in any single day;
``(2) the term `gambling' includes pool-selling, bookmaking,
maintaining slot machines, roulette wheels or dice tables, and
conducting lotteries, policy, bolita or numbers games, or
selling chances therein.
``(c) Establishment of Probable Cause.--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) Forfeiture.--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) Exclusion.--This section does 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 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.
``Sec. 506. Use of interstate commerce facilities in the commission of
murder-for-hire
``(a) Offense.--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 shall be
imprisoned for not more than ten years; and if personal injury results,
shall be imprisoned for not more than twenty years; and if death
results, shall be punished by death or life imprisonment.
``(b) Definition.--As used in this section and section 507--
``(1) the term `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) the term `facility of interstate or foreign commerce'
includes means of transportation and communication.
``Sec. 507. Violent crimes in aid of racketeering activity
``(a) Offense.--Whoever, as consideration for the receipt of, or as
consideration for a promise or agreement to pay, anything of pecuniary
value from an enterprise engaged in racketeering activity, or for the
purpose of gaining entrance to or maintaining or increasing position in
an enterprise engaged in racketeering activity, murders, kidnaps,
maims, assaults with a dangerous weapon, commits assault resulting in
serious bodily injury upon, or threatens to commit a crime of violence
against any individual in violation of the laws of any State or the
United States shall be punished--
``(1) for murder, by death or life imprisonment; and for
kidnapping, by imprisonment for any term of years or for life;
``(2) for maiming, by imprisonment for not more than thirty
years;
``(3) for assault with a dangerous weapon or assault
resulting in serious bodily injury, by imprisonment for not
more than twenty years;
``(4) for threatening to commit a crime of violence, by
imprisonment for not more than five years;
``(5) for attempting or conspiring to commit murder or
kidnapping, by imprisonment for not more than ten years; and
``(6) for attempting or conspiring to commit a crime
involving maiming, assault with a dangerous weapon, or assault
resulting in serious bodily injury, by imprisonment for not
more than three years.
``(b) Definitions.--As used in this section--
``(1) the term `racketeering activity' has the meaning set
forth in section 511; and
``(2) the term `enterprise' includes any partnership,
corporation, association, or other legal entity, and any union
or group of individuals associated in fact although not a legal
entity, which is engaged in, or the activities of which affect,
interstate or foreign commerce.
``Sec. 508. Prohibition of unlicensed money transmitting businesses
``(a) Offense.--Whoever knowingly conducts, controls, manages,
supervises, directs, or owns all or part of an unlicensed money
transmitting business, shall be imprisoned not more than 5 years.
``(b) Definition.--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, 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.
``SUBCHAPTER B--RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS
``Sec.
``511. Definitions.
``512. Prohibited activities.
``513. Criminal penalties.
``514. Civil remedies.
``515. Venue and process.
``516. Expedition of actions.
``517. Evidence.
``518. Civil investigative demand.
``Sec. 511. Definitions
``As used in this subchapter--
``(1) the term `racketeering activity' means--
``(A) any act or threat involving murder, kidnapping,
gambling, arson, robbery, bribery, extortion, dealing
in obscene matter, or dealing in a controlled substance
or listed chemical (as defined in section 102 of the
Controlled Substances Act), which is chargeable under
State law and punishable by imprisonment for more than
one year;
``(B) any act which is indictable under any of the
following provisions of this title: Section 991
(relating to bribery), section 1007 (relating to sports
bribery), sections 692, 693, and 694 (relating to
counterfeiting), section 647 (relating to theft from
interstate shipment) if the act indictable under
section 647 is felonious, section 651 (relating to
embezzlement from pension and welfare funds), sections
155, 156, 157, 159 (relating to extortionate credit
transactions), section 783 (relating to fraud and
related activity in connection with identification
documents), section 784 (relating to fraud and related
activity in connection with access devices), section
1381 (relating to the transmission of gambling
information), section 801 (relating to mail fraud),
section 803 (relating to wire fraud), section 804
(relating to financial institution fraud), section 325
(relating to the procurement of citizenship or
nationalization unlawfully), section 316 (relating to
the sale of naturalization or citizenship papers), 318
(relating to bringing in or harboring certain aliens),
321 (relating to aiding or assisting certain aliens to
enter the United States), (if the violation of section
318 or 321 was committed for financial gain) sections
1441-1443 (relating to obscene matter), section 1132
(relating to obstruction of justice), section 1135
(relating to obstruction of criminal investigations),
section 1137 (relating to the obstruction of State or
local law enforcement), section 1138 (relating to
tampering with a witness, victim, or an informant),
section 1139 (relating to retaliating against a
witness, victim, or an informant), section 311
(relating to false statement in application and use of
passport), section 312 (relating to forgery or false
use of passport), section 313 (relating to misuse of
passport), section 314 (relating to fraud and misuse of
visas, permits, and other documents), sections 1261-
1266 (relating to peonage, slavery, and trafficking in
persons), section 501 (relating to interference with
commerce, robbery, or extortion), section 502 (relating
to racketeering), section 503 (relating to interstate
transportation of wagering paraphernalia), section 504
(relating to unlawful welfare fund payments), section
505 (relating to the prohibition of illegal gambling
businesses), section 1451 (relating to the laundering
of monetary instruments), section 1452 (relating to
engaging in monetary transactions in property derived
from specified unlawful activity), section 506
(relating to use of interstate commerce facilities in
the commission of murder-for-hire), section 508
(relating to prohibition of unlicensed money
transmitting businesses), sections 221, 222, and 223
(relating to sexual exploitation of children), sections
671 and 672 (relating to interstate transportation of
stolen motor vehicles), sections 674 and 675 (relating
to interstate transportation of stolen property),
section 676 (relating to trafficking in counterfeit
labels for phonorecords, computer programs or computer
program documentation or packaging and copies of motion
pictures or other audiovisual works), section 678
(relating to criminal infringement of a copyright),
section 679 (relating to unauthorized fixation of and
trafficking in sound recordings and music videos of
live musical performances), section 680 (relating to
trafficking in goods or services bearing counterfeit
marks), section 682 (relating to trafficking in certain
motor vehicles or motor vehicle parts), sections 1411-
1415 (relating to trafficking in contraband
cigarettes), sections 211-214 (relating to white slave
traffic), sections 621-627 (relating to biological
weapons), sections 363 (relating to chemical weapons),
section 601 (relating to nuclear materials);
``(C) any act which is indictable under section 302
of the Labor Management Relations Act, 1947, section
186 (dealing with restrictions on payments and loans to
labor organizations) or section 501(c) (relating to
embezzlement from union funds);
``(D) any offense involving fraud connected with a
case under title 11 (except a case under section 875 of
this title), fraud in the sale of securities, or the
felonious manufacture, importation, receiving,
concealment, buying, selling, or otherwise dealing in a
controlled substance or listed chemical (as defined in
section 102 of the Controlled Substances Act),
punishable under any law of the United States;
``(E) any act which is indictable under the Currency
and Foreign Transactions Reporting Act;
``(F) any act which is indictable under section 278
of the Immigration and Nationality Act, if the act
indictable under such section of such Act was committed
for the purpose of financial gain; or
``(G) any act that is indictable under any provision
listed in section 274(g)(5)(B);
``(2) the term `person' includes any individual or entity
capable of holding a legal or beneficial interest in property;
``(3) the term `enterprise' includes any individual,
partnership, corporation, association, or other legal entity,
and any union or group of individuals associated in fact
although not a legal entity;
``(4) the term `pattern of racketeering activity' requires at
least two acts of racketeering activity, one of which occurred
after October 15, 1970 and the last of which occurred within
ten years (excluding any period of imprisonment) after the
commission of a prior act of racketeering activity;
``(5) the term `unlawful debt' means a debt--
``(A) incurred or contracted in gambling activity
which was in violation of the law of the United States,
a State or political subdivision thereof, or which is
unenforceable under State or Federal law in whole or in
part as to principal or interest because of the laws
relating to usury; and
``(B) which was incurred in connection with the
business of gambling in violation of the law of the
United States, a State or political subdivision
thereof, or the business of lending money or a thing of
value at a rate usurious under State or Federal law,
where the usurious rate is at least twice the
enforceable rate;
``(6) the term `racketeering investigator' means any attorney
or investigator so designated by the Attorney General and
charged with the duty of enforcing or carrying into effect this
chapter;
``(7) the term `racketeering investigation' means any inquiry
conducted by any racketeering investigator for the purpose of
ascertaining whether any person has been involved in any
violation of this subchapter or of any final order, judgment,
or decree of any court of the United States, duly entered in
any case or proceeding arising under this subchapter;
``(8) the term `documentary material' includes any book,
paper, document, record, recording, or other material; and
``(9) the term `Attorney General' includes the Attorney
General of the United States, the Deputy Attorney General of
the United States, the Associate Attorney General of the United
States, any Assistant Attorney General of the United States, or
any employee of the Department of Justice or any employee of
any department or agency of the United States so designated by
the Attorney General to carry out the powers conferred on the
Attorney General by this chapter, and any department or agency
so designated may use in investigations authorized by this
subchapter either the investigative provisions of this
subchapter or the investigative power of such department or
agency otherwise conferred by law.
``Sec. 512. Prohibited activities
``(a) Using or Investing Proceeds.--It shall be unlawful for any
person who has received any income derived, directly or indirectly,
from a pattern of racketeering activity or through collection of an
unlawful debt in which such person has participated as a principal
within the meaning of section 2, this title title, to use or invest,
directly or indirectly, any part of such income, or the proceeds of
such income, in acquisition of any interest in, or the establishment or
operation of, any enterprise which is engaged in, or the activities of
which affect, interstate or foreign commerce. A purchase of securities
on the open market for purposes of investment, and without the
intention of controlling or participating in the control of the issuer,
or of assisting another to do so, shall not be unlawful under this
subsection if the securities of the issuer held by the purchaser, the
members of his immediate family, and his or their accomplices in any
pattern or racketeering activity or the collection of an unlawful debt
after such purchase do not amount in the aggregate to one percent of
the outstanding securities of any one class, and do not confer, either
in law or in fact, the power to elect one or more directors of the
issuer.
``(b) Maintaining Interest or Control.--It shall be unlawful for any
person through a pattern of racketeering activity or through collection
of an unlawful debt to acquire or maintain, directly or indirectly, any
interest in or control of any enterprise which is engaged in, or the
activities of which affect, interstate or foreign commerce.
``(c) Conducting Affairs.--It shall be unlawful for any person
employed by or associated with any enterprise engaged in, or the
activities of which affect, interstate or foreign commerce, to conduct
or participate, directly or indirectly, in the conduct of such
enterprise's affairs through a pattern of racketeering activity or
collection of unlawful debt.
``Sec. 513. Criminal penalties
``Whoever violates section 512 shall be imprisoned not more than 20
years (or for life if the violation is based on a racketeering activity
for which the maximum penalty includes life imprisonment).
``Sec. 514. Civil remedies
``(a) Prevention and Restraint of Violations.--The district courts of
the United States shall have jurisdiction to prevent and restrain
violations of section 512 by issuing appropriate orders, including--
``(1) ordering any person to divest any interest in any
enterprise; and
``(2) imposing reasonable restrictions on the future
activities or investments of any person, including--
``(A) prohibiting that person from engaging in the
same type of endeavor as the enterprise engaged in, the
activities of which affect interstate or foreign
commerce; or
``(B) ordering dissolution or reorganization of any
enterprise, making due provision for the rights of
innocent persons.
``(b) Preliminary Matters.--The Attorney General may institute
proceedings under this section. Pending final determination thereof,
the court may at any time enter such restraining orders or
prohibitions, or take such other actions, including the acceptance of
satisfactory performance bonds, as it shall deem proper.
``(c) Private Right of Action.--Any person injured in his business or
property by reason of a violation of section 512 may sue therefor in
any appropriate United States district court and shall recover
threefold the damages he sustains and the cost of the suit, including a
reasonable attorney's fee, except that no person may rely upon any
conduct that would have been actionable as fraud in the purchase or
sale of securities to establish a violation of section 512. The
exception contained in the preceding sentence does not apply to an
action against any person that is criminally convicted in connection
with the fraud, in which case the statute of limitations shall start to
run on the date on which the conviction becomes final.
``(d) Estoppel.--A final judgment or decree rendered in favor of the
United States in any criminal proceeding brought by the United States
under this chapter shall estop the defendant from denying the essential
allegations of the criminal offense in any subsequent civil proceeding
brought by the United States.
``Sec. 515. Venue and process
``(a) Venue.--Any civil action or proceeding under this subchapter
may be instituted in the district court of the United States for any
district in which such person resides, is found, has an agent, or
transacts his affairs.
``(b) Summons.--In any action under section 514 in any district court
of the United States in which it is shown that the ends of justice
require that other parties residing in any other district be brought
before the court, the court may cause such parties to be summoned, and
process for that purpose may be served in any judicial district of the
United States by the marshal thereof.
``(c) Subpoenas.--In any civil or criminal action or proceeding
instituted by the United States under this subchapter in the district
court of the United States for any judicial district, subpoenas issued
by such court to compel the attendance of witnesses may be served in
any other judicial district, except that in any civil action or
proceeding no such subpena shall be issued for service upon any
individual who resides in another district at a place more than one
hundred miles from the place at which such court is held without
approval given by a judge of such court upon a showing of good cause.
``(d) Other Process.--All other process in any action or proceeding
under this subchapter may be served on any person in any judicial
district in which such person resides, is found, has an agent, or
transacts affairs.
``Sec. 516. Expedition of actions
``In any civil action instituted under this subchapter by the United
States in any district court of the United States, the Attorney General
may file with the clerk of such court a certificate stating that in the
Attorney General's opinion the case is of general public importance. A
copy of that certificate shall be furnished immediately by such clerk
to the chief judge or, in the absence of the chief judge, to the
presiding district judge of the district in which such action is
pending. Upon receipt of such copy, such judge shall designate
immediately a judge of that district to hear and determine the action.
``Sec. 517. Evidence
``In any proceeding ancillary to or in any civil action instituted by
the United States under this subchapter the proceedings may be open or
closed to the public at the discretion of the court after consideration
of the rights of affected persons.
``Sec. 518. Civil investigative demand
``(a) Issuance.--If the Attorney General has reason to believe that
any person or enterprise may be in possession, custody, or control of
any documentary materials relevant to a racketeering investigation, the
Attorney General may, before the institution of a civil or criminal
proceeding thereon, issue in writing, and cause to be served upon such
person, a civil investigative demand requiring such person to produce
such material for examination.
``(b) Contents.--Each such demand shall--
``(1) state the nature of the conduct constituting the
alleged racketeering violation which is under investigation and
the provision of law applicable thereto;
``(2) describe the class or classes of documentary material
produced thereunder with such definiteness and certainty as to
permit such material to be fairly identified;
``(3) state that the demand is returnable forthwith or
prescribe a return date which will provide a reasonable period
of time within which the material so demanded may be assembled
and made available for inspection and copying or reproduction;
and
``(4) identify the custodian to whom such material shall be
made available.
``(c) Limitation.--No such demand shall--
``(1) contain any requirement which would be held to be
unreasonable if contained in a subpena duces tecum issued by a
court of the United States in aid of a grand jury investigation
of such alleged racketeering violation; or
``(2) require the production of any documentary evidence
which would be privileged from disclosure if demanded by a
subpena duces tecum issued by a court of the United States in
aid of a grand jury investigation of such alleged racketeering
violation.
``(d) Service.--Service of any such demand or any petition filed
under this section may be made upon a person by--
``(1) delivering a duly executed copy thereof to any partner,
executive officer, managing agent, or general agent thereof, or
to any agent thereof authorized by appointment or by law to
receive service of process on behalf of such person, or upon
any individual person;
``(2) delivering a duly executed copy thereof to the
principal office or place of business of the person to be
served; or
``(3) depositing such copy in the United States mail, by
registered or certified mail duly addressed to such person at
its principal office or place of business.
``(e) Return.--A verified return by the individual serving any such
demand or petition setting forth the manner of such service shall be
prima facie proof of such service. In the case of service by registered
or certified mail, such return shall be accompanied by the return post
office receipt of delivery of such demand.
``(f) Document Custodian.--
``(1) The Attorney General shall designate a racketeering
investigator to serve as racketeer document custodian, and such
additional racketeering investigators as the Attorney General
shall determine from time to time to be necessary to serve as
deputies to such officer.
``(2) Any person upon whom any demand issued under this
section has been duly served shall make such material available
for inspection and copying or reproduction to the custodian
designated therein at the principal place of business of such
person, or at such other place as such custodian and such
person thereafter may agree and prescribe in writing or as the
court may direct, pursuant to this section on the return date
specified in such demand, or on such later date as such
custodian may prescribe in writing. Such person may upon
written agreement between such person and the custodian
substitute for copies of all or any part of such material
originals thereof.
``(3) The custodian to whom any documentary material is so
delivered shall take physical possession thereof, and shall be
responsible for the use made thereof and for the return thereof
pursuant to this chapter. The custodian may cause the
preparation of such copies of such documentary material as may
be required for official use under regulations which shall be
promulgated by the Attorney General. While in the possession of
the custodian, no material so produced shall be available for
examination, without the consent of the person who produced
such material, by any individual other than the Attorney
General. Under such reasonable terms and conditions as the
Attorney General shall prescribe, documentary material while in
the possession of the custodian shall be available for
examination by the person who produced such material or any
duly authorized representatives of such person.
``(4) Whenever any attorney has been designated to appear on
behalf of the United States before any court or grand jury in
any case or proceeding involving any alleged violation of this
chapter, the custodian may deliver to such attorney such
documentary material in the possession of the custodian as such
attorney determines to be required for use in the presentation
of such case or proceeding on behalf of the United States. Upon
the conclusion of any such case or proceeding, such attorney
shall return to the custodian any documentary material so
withdrawn which has not passed into the control of such court
or grand jury through the introduction thereof into the record
of such case or proceeding.
``(5) Upon the completion of--
``(A) the racketeering investigation for which any
documentary material was produced under this
subchapter, and
``(B) any case or proceeding arising from such
investigation,
the custodian shall return to the person who produced such
material all such material other than copies thereof made by
the Attorney General pursuant to this subsection which has not
passed into the control of any court or grand jury through the
introduction thereof into the record of such case or
proceeding.
``(6) When any documentary material has been produced by any
person under this section for use in any racketeering
investigation, and no such case or proceeding arising therefrom
has been instituted within a reasonable time after completion
of the examination and analysis of all evidence assembled in
the course of such investigation, such person shall be
entitled, upon written demand made upon the Attorney General,
to the return of all documentary material other than copies
thereof made pursuant to this subsection so produced by such
person.
``(7) In the event of the death, disability, or separation
from service of the custodian of any documentary material
produced under any demand issued under this section or the
official relief of such custodian from responsibility for the
custody and control of such material, the Attorney General
shall promptly--
``(A) designate another racketeering investigator to
serve as custodian thereof, and
``(B) transmit notice in writing to the person who
produced such material as to the identity and address
of the successor so designated.
Any successor so designated shall have with regard to such
materials all duties and responsibilities imposed by this
section upon the predecessor custodian with regard thereto,
except that he shall not be held responsible for any default or
dereliction which occurred before the successor's designation
as custodian.
``(g) Enforcement Petition.--Whenever any person fails to comply with
any civil investigative demand duly served upon him under this section
or whenever satisfactory copying or reproduction of any such material
cannot be done and such person refuses to surrender such material, the
Attorney General may file, in the district court of the United States
for any judicial district in which such person resides, is found, or
transacts business, and serve upon such person a petition for an order
of such court for the enforcement of this section, except that if such
person transacts business in more than one such district such petition
shall be filed in the district in which such person maintains his
principal place of business, or in such other district in which such
person transacts business as may be agreed upon by the parties to such
petition.
``(h) Modification or Setting Aside.--Within 20 days after the
service of any such demand upon any person, or at any time before the
return date specified in the demand, whichever period is shorter, such
person may file, in the district court of the United States for the
judicial district within which such person resides, is found, or
transacts business, and serve upon such custodian a petition for an
order of such court modifying or setting aside such demand. The time
allowed for compliance with the demand in whole or in part as deemed
proper and ordered by the court shall not run during the pendency of
such petition in the court. Such petition shall specify each ground
upon which the petitioner relies in seeking such relief, and may be
based upon any failure of such demand to comply with the provisions of
this section or upon any constitutional or other legal right or
privilege of such person.
``(i) Ordering Custodian To Perform Duty.--At any time during which
any custodian is in custody or control of any documentary material
delivered by any person in compliance with any such demand, such person
may file, in the district court of the United States for the judicial
district within which the office of such custodian is situated, and
serve upon such custodian a petition for an order of such court
requiring the performance by such custodian of any duty imposed upon
him by this section.
``(j) Jurisdiction.--Whenever any petition is filed in any district
court of the United States under this section, such court shall have
jurisdiction to hear and determine the matter so presented, and to
enter such order or orders as may be required to carry into effect the
provisions of this section.
``SUBCHAPTER C--CRIMINAL STREET GANGS
``Sec.
``521. Criminal street gangs.
``Sec. 521. Criminal street gangs
``(a) Definitions.--In this section--
``(1) the term `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; and
``(2) the term `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.
``(b) Penalty.--The sentence of a person convicted of an offense
described in subsection (c) shall be increased by not more than 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 21--ARSON, FIREARMS, EXPLOSIVES, AND WEAPONS CRIMES
``Subchapter
Sec.
``A. Arson........................................................ 571
``B. Firearms..................................................... 581
``C. Explosives................................................... 601
``D. Importation, manufacture, distribution, and storage of
Explosive Materials............................................... 611
``E. Biological weapons........................................... 621
``F. Chemical weapons............................................. 631
``SUBCHAPTER A--ARSON
``Sec.
``571. Arson within special maritime and territorial jurisdiction.
``Sec. 571. Arson within special maritime and territorial jurisdiction
``Whoever, within the special maritime and territorial jurisdiction
of the United States, willfully and maliciously sets fire to or burns
any building, structure or vessel, any machinery or building materials
or supplies, military or naval stores, munitions of war, or any
structural aids or appliances for navigation or shipping shall be
imprisoned for not more than 25 years. If the building is a dwelling or
if the life of any person is placed in jeopardy, the offender shall be
imprisoned for any term of years or for life.
``SUBCHAPTER B--FIREARMS
``Sec.
``581. Definitions.
``582. Unlawful acts.
``583. Licensing.
``584. Penalties.
``585. Exceptions: Relief from disabilities.
``586. Remedy for erroneous denial of firearm.
``587. Rules and regulations.
``588. Interstate transportation of firearms.
``589. Carrying of concealed firearms by qualified law enforcement
officers.
``590. Carrying of concealed firearms by qualified retired law
enforcement officers.
``591. Effect on State law.
``592. Use of restricted ammunition.
``593. Possession of firearms and dangerous weapons in Federal
facilities.
``594. Prohibition on purchase, ownership, or possession of body armor
by violent felons.
``Sec. 581. Definitions
``For the purposes of this subchapter--
``(1) 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.
``(2) 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.
Such term does 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.
``(3) 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.
``(4) 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.
``(5) 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.
``(6) 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.
``(7) 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.
``(8) 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.
``(9) 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.
``(10) 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.
``(11) 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.
``(12) 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.
``(13) 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.
``(14) 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.
``(15)(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.
``(16) 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.
``(17) 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.
``(18) 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.
``(19) 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.
``(20) The term `machinegun' has the meaning given such term
in section 5845(b) of the National Firearms Act (26 U.S.C.
5845(b)).
``(21) 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.
``(22) 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.
``(23) The term `school' means a school which provides
elementary or secondary education, as determined under State
law.
``(24) The term `motor vehicle' has the meaning given such
term in section 13102 of title 49.
``(25) 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.
``(26) 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.
``(27) 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.
``(28)(A) 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.
``(29) 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.
``(30) 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.
``(31) A member of the Armed Forces on active duty is a
resident of the State in which his permanent duty station is
located.
``Sec. 582. Unlawful acts
``(a) It shall be unlawful--
``(1) for any person--
``(A) except a licensed importer, licensed
manufacturer, or licensed dealer, to engage in the
business of importing, manufacturing, or dealing in
firearms, or in the course of such business to ship,
transport, or receive any firearm in interstate or
foreign commerce; or
``(B) except a licensed importer or licensed
manufacturer, to engage in the business of importing or
manufacturing ammunition, or in the course of such
business, to ship, transport, or receive any ammunition
in interstate or foreign commerce;
``(2) for any importer, manufacturer, dealer, or collector
licensed under the provisions of this chapter to ship or
transport in interstate or foreign commerce any firearm to any
person other than a licensed importer, licensed manufacturer,
licensed dealer, or licensed collector, except that--
``(A) this paragraph and subsection (b)(3) shall not
be held to preclude a licensed importer, licensed
manufacturer, licensed dealer, or licensed collector
from returning a firearm or replacement firearm of the
same kind and type to a person from whom it was
received; and this paragraph shall not be held to
preclude an individual from mailing a firearm owned in
compliance with Federal, State, and local law to a
licensed importer, licensed manufacturer, licensed
dealer, or licensed collector;
``(B) this paragraph shall not be held to preclude a
licensed importer, licensed manufacturer, or licensed
dealer from depositing a firearm for conveyance in the
mails to any officer, employee, agent, or watchman who,
pursuant to the provisions of section 1715 of this
title, is eligible to receive through the mails
pistols, revolvers, and other firearms capable of being
concealed on the person, for use in connection with his
official duty; and
``(C) nothing in this paragraph shall be construed as
applying in any manner in the District of Columbia, the
Commonwealth of Puerto Rico, or any possession of the
United States differently than it would apply if the
District of Columbia, the Commonwealth of Puerto Rico,
or the possession were in fact a State of the United
States;
``(3) for any person, other than a licensed importer,
licensed manufacturer, licensed dealer, or licensed collector
to transport into or receive in the State where he resides (or
if the person is a corporation or other business entity, the
State where it maintains a place of business) any fire arm
purchased or otherwise obtained by such person outside that
State, except that this paragraph (A) shall not preclude any
person who lawfully acquires a firearm by bequest or intestate
succession in a State other than his State of residence from
transporting the firearm into or receiving it in that State, if
it is lawful for such person to purchase or possess such
firearm in that State, (B) shall not apply to the
transportation or receipt of a firearm obtained in conformity
with subsection (b)(3) of this section, and (C) shall not apply
to the transportation of any firearm acquired in any State
prior to the effective date of this chapter;
``(4) for any person, other than a licensed importer,
licensed manufacturer, licensed dealer, or licensed collector,
to transport in interstate or foreign commerce any destructive
device, machinegun (as defined in section 5845 of the Internal
Revenue Code of 1986), short-barreled shotgun, or short-
barreled rifle, except as specifically authorized by the
Attorney General consistent with public safety and necessity;
``(5) for any person (other than a licensed importer,
licensed manufacturer, licensed dealer, or licensed collector)
to transfer, sell, trade, give, transport, or deliver any
firearm to any person (other than a licensed importer, licensed
manufacturer, licensed dealer, or licensed collector) who the
transferor knows or has reasonable cause to believe does not
reside in (or if the person is a corporation or other business
entity, does not maintain a place of business in) the State in
which the transferor resides; except that this paragraph shall
not apply to (A) the transfer, transportation, or delivery of a
firearm made to carry out a bequest of a firearm to, or an
acquisition by intestate succession of a firearm by, a person
who is permitted to acquire or possess a firearm under the laws
of the State of his residence, and (B) the loan or rental of a
firearm to any person for temporary use for lawful sporting
purposes;
``(6) for any person in connection with the acquisition or
attempted acquisition of any firearm or ammunition from a
licensed importer, licensed manufacturer, licensed dealer, or
licensed collector, knowingly to make any false or fictitious
oral or written statement or to furnish or exhibit any false,
fictitious, or misrepresented identification, intended or
likely to deceive such importer, manufacturer, dealer, or
collector with respect to any fact material to the lawfulness
of the sale or other disposition of such firearm or ammunition
under the provisions of this chapter;
``(7) for any person to manufacture or import armor piercing
ammunition, unless--
``(A) the manufacture of such ammunition is for the
use of the United States, any department or agency of
the United States, any State, or any department,
agency, or political subdivision of a State;
``(B) the manufacture of such ammunition is for the
purpose of exportation; or
``(C) the manufacture or importation of such
ammunition is for the purpose of testing or
experimentation and has been authorized by the Attorney
General;
``(8) for any manufacturer or importer to sell or deliver
armor piercing ammunition, unless such sale or delivery--
``(A) is for the use of the United States, any
department or agency of the United States, any State,
or any department, agency, or political subdivision of
a State;
``(B) is for the purpose of exportation; or
``(C) is for the purpose of testing or
experimentation and has been authorized by the Attorney
General; and
``(9) for any person, other than a licensed importer,
licensed manufacturer, licensed dealer, or licensed collector,
who does not reside in any State to receive any firearms unless
such receipt is for lawful sporting purposes.
``(b) It shall be unlawful for any licensed importer, licensed
manufacturer, licensed dealer, or licensed collector to sell or
deliver--
``(1) any firearm or ammunition to any individual who the
licensee knows or has reasonable cause to believe is less than
eighteen years of age, and, if the firearm, or ammunition is
other than a shotgun or rifle, or ammunition for a shotgun or
rifle, to any individual who the licensee knows or has
reasonable cause to believe is less than twenty-one years of
age;
``(2) any firearm to any person in any State where the
purchase or possession by such person of such firearm would be
in violation of any State law or any published ordinance
applicable at the place of sale, delivery or other disposition,
unless the licensee knows or has reasonable cause to believe
that the purchase or possession would not be in violation of
such State law or such published ordinance;
``(3) any firearm to any person who the licensee knows or has
reasonable cause to believe does not reside in (or if the
person is a corporation or other business entity, does not
maintain a place of business in) the State in which the
licensee's place of business is located, except that this
paragraph (A) shall not apply to the sale or delivery of any
rifle or shotgun to a resident of a State other than a State in
which the licensee's place of business is located if the
transferee meets in person with the transferor to accomplish
the transfer, and the sale, delivery, and receipt fully comply
with the legal conditions of sale in both such States (and any
licensed manufacturer, importer or dealer shall be presumed,
for purposes of this subparagraph, in the absence of evidence
to the contrary, to have had actual knowledge of the State laws
and published ordinances of both States), and (B) shall not
apply to the loan or rental of a firearm to any person for
temporary use for lawful sporting purposes;
``(4) to any person any destructive device, machinegun (as
defined in section 5845 of the Internal Revenue Code of 1986),
short-barreled shotgun, or short-barreled rifle, except as
specifically authorized by the Attorney General consistent with
public safety and necessity; and
``(5) any firearm or armor-piercing ammunition to any person
unless the licensee notes in his records, required to be kept
pursuant to section 923 of this chapter, the name, age, and
place of residence of such person if the person is an
individual, or the identity and principal and local places of
business of such person if the person is a corporation or other
business entity.
Paragraphs (1), (2), (3), and (4) of this subsection shall not apply to
transactions between licensed importers, licensed manufacturers,
licensed dealers, and licensed collectors. Paragraph (4) of this
subsection shall not apply to a sale or delivery to any research
organization designated by the Attorney General.
``(c) In any case not otherwise prohibited by this chapter, a
licensed importer, licensed manufacturer, or licensed dealer may sell a
firearm to a person who does not appear in person at the licensee's
business premises (other than another licensed importer, manufacturer,
or dealer) only if--
``(1) the transferee submits to the transferor a sworn
statement in the following form:
```Subject to penalties provided by law, I swear
that, in the case of any firearm other than a shotgun
or a rifle, I am twenty-one years or more of age, or
that, in the case of a shotgun or a rifle, I am
eighteen years or more of age; that I am not prohibited
by the provisions of subchapter B of chapter 21 of this
title, from receiving a firearm in interstate or
foreign commerce; and that my receipt of this firearm
will not be in violation of any statute of the State
and published ordinance applicable to the locality in
which I reside. Further, the true title, name, and
address of the principal law enforcement officer of the
locality to which the firearm will be delivered are --
-- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- --
-- -- -- -- -- -- -- -- -- -- -- Signature -- -- -- --
-- -- -- -- -- -- Date -- -- -- --.' and containing
blank spaces for the attachment of a true copy of any
permit or other information required pursuant to such
statute or published ordinance;
``(2) the transferor has, prior to the shipment or delivery
of the firearm, forwarded by registered or certified mail
(return receipt requested) a copy of the sworn statement,
together with a description of the firearm, in a form
prescribed by the Attorney General, to the chief law
enforcement officer of the transferee's place of residence, and
has received a return receipt evidencing delivery of the
statement or has had the statement returned due to the refusal
of the named addressee to accept such letter in accordance with
United States Post Office Department regulations; and
``(3) the transferor has delayed shipment or delivery for a
period of at least seven days following receipt of the
notification of the acceptance or refusal of delivery of the
statement.
A copy of the sworn statement and a copy of the notification to the
local law enforcement officer, together with evidence of receipt or
rejection of that notification shall be retained by the licensee as a
part of the records required to be kept under section 923(g).
``(d) It shall be unlawful for any person to sell or otherwise
dispose of any firearm or ammunition to any person knowing or having
reasonable cause to believe that such person--
``(1) is under indictment for, or has been convicted in any
court of, a crime punishable by imprisonment for a term
exceeding one year;
``(2) is a fugitive from justice;
``(3) is an unlawful user of or addicted to any controlled
substance (as defined in section 102 of the Controlled
Substances Act (21 U.S.C. 802));
``(4) has been adjudicated as a mental defective or has been
committed to any mental institution;
``(5) is an alien and--
``(A) is illegally or unlawfully in the United
States; or
``(B) except as provided in subsection (y)(2), has
been admitted to the United States under a nonimmigrant
visa (as that term is defined in section 101(a)(26) of
the Immigration and Nationality Act (8 U.S.C.
1101(a)(26)));
``(6) has been discharged from the Armed Forces under
dishonorable conditions;
``(7) was a citizen of the United States, and has renounced
that citizenship;
``(8) is subject to a court order that restrains such person
from harassing, stalking, or threatening an intimate partner of
such person or child of such intimate partner or person, or
engaging in other conduct that would place an intimate partner
in reasonable fear of bodily injury to the partner or child,
except that this paragraph shall only apply to a court order
that--
``(A) was issued after a hearing of which such person
received actual notice, and at which such person had
the opportunity to participate; and
``(B)(i) includes a finding that such person
represents a credible threat to the physical safety of
such intimate partner or child; or
``(ii) by its terms explicitly prohibits the use,
attempted use, or threatened use of physical force
against such intimate partner or child that would
reasonably be expected to cause bodily injury; or
``(9) has been convicted in any court of a misdemeanor crime
of domestic violence.
This subsection does not apply with respect to the sale or disposition
of a firearm or ammunition to a licensed importer, licensed
manufacturer, licensed dealer, or licensed collector who pursuant to
subsection (b) of section 585 is not precluded from dealing in firearms
or ammunition, or to a person who has been granted relief from
disabilities pursuant to subsection (c) of section 585.
``(e) It shall be unlawful for any person knowingly to deliver or
cause to be delivered to any common or contract carrier for
transportation or shipment in interstate or foreign commerce, to
persons other than licensed importers, licensed manufacturers, licensed
dealers, or licensed collectors, any package or other container in
which there is any firearm or ammunition without written notice to the
carrier that such firearm or ammunition is being transported or
shipped; except that any passenger who owns or legally possesses a
firearm or ammunition being transported aboard any common or contract
carrier for movement with the passenger in interstate or foreign
commerce may deliver said firearm or ammunition into the custody of the
pilot, captain, conductor or operator of such common or contract
carrier for the duration of the trip without violating any of the
provisions of this chapter. No common or contract carrier shall require
or cause any label, tag, or other written notice to be placed on the
outside of any package, luggage, or other container that such package,
luggage, or other container contains a firearm.
``(f)(1) It shall be unlawful for any common or contract carrier to
transport or deliver in interstate or foreign commerce any firearm or
ammunition with knowledge or reasonable cause to believe that the
shipment transportation, or receipt thereof would be in violation of
this chapter.
``(2) It shall be unlawful for any common or contract carrier to
deliver in interstate or foreign commerce any firearm without obtaining
written acknowledgement of receipt from the recipient of the package or
other container in which there is a firearm.
``(g) It shall be unlawful for any person--
``(1) who has been convicted in any court of, a crime
punishable by imprisonment for a term exceeding one year;
``(2) who is a fugitive from justice;
``(3) who is an unlawful user of or addicted to any
controlled substance (as defined in section 102 of the
Controlled Substances Act (21 U.S.C. 802));
``(4) who has been adjudicated as a mental defective or who
has been committed to a mental institution;
``(5) who, being an alien--
``(A) is illegally or unlawfully in the United
States; or
``(B) except as provided in subsection (y)(2), has
been admitted to the United States under a nonimmigrant
visa (as that term is defined in section 101(a)(26) of
the Immigration and Nationality Act (8 U.S.C.
1101(a)(26)));
``(6) who has been discharged from the Armed Forces under
dishonorable conditions;
``(7) who, having been a citizen of the United States, has
renounced his citizenship;
``(8) who is subject to a court order that--
``(A) was issued after a hearing of which such person
received actual notice, and at which such person had an
opportunity to participate;
``(B) restrains such person from harassing, stalking,
or threatening an intimate partner of such person or
child of such intimate partner or person, or engaging
in other conduct that would place an intimate partner
in reasonable fear of bodily injury to the partner or
child; and
``(C)(i) includes a finding that such person
represents a credible threat to the physical safety of
such intimate partner or child; or
``(ii) by its terms explicitly prohibits the use,
attempted use, or threatened use of physical force
against such intimate partner or child that would
reasonably be expected to cause bodily injury; or
``(9) who has been convicted in any court of a misdemeanor
crime of domestic violence,
to ship or transport in interstate or foreign commerce, or possess in
or affecting commerce, any firearm or ammunition; or to receive any
firearm or ammunition which has been shipped or transported in
interstate or foreign commerce.
``(h) It shall be unlawful for any individual, who to that
individual's knowledge and while being employed for any person
described in any paragraph of subsection (g) of this section, in the
course of such employment--
``(1) to receive, possess, or transport any firearm or
ammunition in or affecting interstate or foreign commerce; or
``(2) to receive any firearm or ammunition which has been
shipped or transported in interstate or foreign commerce.
``(i) It shall be unlawful for any person to transport or ship in
interstate or foreign commerce, any stolen firearms or stolen
ammunition, knowing or having reasonable cause to believe that the
firearm or ammunition was stolen.
``(j) It shall be unlawful for any person to receive, possess,
conceal, store, barter, sell, or dispose of any stolen firearm or
stolen ammunition, or pledge or accept as security for a loan any
stolen firearm or stolen ammunition, which is moving as, which is a
part of, which constitutes, or which has been shipped or transported
in, interstate or foreign commerce, either before or after it was
stolen, knowing or having reasonable cause to believe that the firearm
or ammunition was stolen.
``(k) It shall be unlawful for any person knowingly to transport,
ship, or receive, in interstate or foreign commerce, any firearm which
has had the importer's or manufacturer's serial number removed,
obliterated, or altered or to possess or receive any firearm which has
had the importer's or manufacturer's serial number removed,
obliterated, or altered and has, at any time, been shipped or
transported in interstate or foreign commerce.
``(l) Except as provided in section 585(d), it shall be unlawful for
any person knowingly to import or bring into the United States or any
possession thereof any firearm or ammunition; and it shall be unlawful
for any person knowingly to receive any firearm or ammunition which has
been imported or brought into the United States or any possession
thereof in violation of the provisions of this chapter.
``(m) It shall be unlawful for any licensed importer, licensed
manufacturer, licensed dealer, or licensed collector knowingly to make
any false entry in, to fail to make appropriate entry in, or to fail to
properly maintain, any record which he is required to keep pursuant to
section 583 or regulations promulgated thereunder.
``(n) It shall be unlawful for any person who is under indictment for
a crime punishable by imprisonment for a term exceeding one year to
ship or transport in interstate or foreign commerce any firearm or
ammunition or receive any firearm or ammunition which has been shipped
or transported in interstate or foreign commerce.
``(o)(1) Except as provided in paragraph (2), it shall be unlawful
for any person to transfer or possess a machinegun.
``(2) This subsection does not apply with respect to--
``(A) a transfer to or by, or possession by or under the
authority of, the United States or any department or agency
thereof or a State, or a department, agency, or political
subdivision thereof; or
``(B) any lawful transfer or lawful possession of a
machinegun that was lawfully possessed before the date this
subsection takes effect.
``(p)(1) It shall be unlawful for any person to manufacture, import,
sell, ship, deliver, possess, transfer, or receive any firearm--
``(A) that, after removal of grips, stocks, and magazines, is
not as detectable as the Security Exemplar, by walk-through
metal detectors calibrated and operated to detect the Security
Exemplar; or
``(B) any major component of which, when subjected to
inspection by the types of x-ray machines commonly used at
airports, does not generate an image that accurately depicts
the shape of the component. Barium sulfate or other compounds
may be used in the fabrication of the component.
``(2) For purposes of this subsection--
``(A) the term `firearm' does not include the frame or
receiver of any such weapon;
``(B) the term `major component' means, with respect to a
firearm, the barrel, the slide or cylinder, or the frame or
receiver of the firearm; and
``(C) the term `Security Exemplar' means an object, to be
fabricated at the direction of the Attorney General, that is--
``(i) constructed of, during the 12-month period
beginning on the date of the enactment of this
subsection, 3.7 ounces of material type 17-4 PH
stainless steel in a shape resembling a handgun; and
``(ii) suitable for testing and calibrating metal
detectors: Provided, however, That at the close of such
12-month period, and at appropriate times thereafter
the Attorney General shall promulgate regulations to
permit the manufacture, importation, sale, shipment,
delivery, possession, transfer, or receipt of firearms
previously prohibited under this subparagraph that are
as detectable as a `Security Exemplar' which contains
3.7 ounces of material type 17-4 PH stainless steel, in
a shape resembling a handgun, or such lesser amount as
is detectable in view of advances in state-of-the-art
developments in weapons detection technology.
``(3) Under such rules and regulations as the Attorney General shall
prescribe, this subsection shall not apply to the manufacture,
possession, transfer, receipt, shipment, or delivery of a firearm by a
licensed manufacturer or any person acting pursuant to a contract with
a licensed manufacturer, for the purpose of examining and testing such
firearm to determine whether paragraph (1) applies to such firearm. The
Attorney General shall ensure that rules and regulations adopted
pursuant to this paragraph do not impair the manufacture of prototype
firearms or the development of new technology.
``(4) The Attorney General shall permit the conditional importation
of a firearm by a licensed importer or licensed manufacturer, for
examination and testing to determine whether or not the unconditional
importation of such firearm would violate this subsection.
``(5) This subsection shall not apply to any firearm which--
``(A) has been certified by the Secretary of Defense or the
Director of Central Intelligence, after consultation with the
Attorney General and the Administrator of the Federal Aviation
Administration, as necessary for military or intelligence
applications; and
``(B) is manufactured for and sold exclusively to military or
intelligence agencies of the United States.
``(6) This subsection shall not apply with respect to any firearm
manufactured in, imported into, or possessed in the United States
before the date of the enactment of the Undetectable Firearms Act of
1988.
``(q)(1) The Congress finds and declares that--
``(A) crime, particularly crime involving drugs and guns, is
a pervasive, nationwide problem;
``(B) crime at the local level is exacerbated by the
interstate movement of drugs, guns, and criminal gangs;
``(C) firearms and ammunition move easily in interstate
commerce and have been found in increasing numbers in and
around schools, as documented in numerous hearings in both the
Committee on the Judiciary of the House of Representatives and
the Committee on the Judiciary of the Senate;
``(D) in fact, even before the sale of a firearm, the gun,
its component parts, ammunition, and the raw materials from
which they are made have considerably moved in interstate
commerce;
``(E) while criminals freely move from State to State,
ordinary citizens and foreign visitors may fear to travel to or
through certain parts of the country due to concern about
violent crime and gun violence, and parents may decline to send
their children to school for the same reason;
``(F) the occurrence of violent crime in school zones has
resulted in a decline in the quality of education in our
country;
``(G) this decline in the quality of education has an adverse
impact on interstate commerce and the foreign commerce of the
United States;
``(H) States, localities, and school systems find it almost
impossible to handle gun-related crime by themselves--even
States, localities, and school systems that have made strong
efforts to prevent, detect, and punish gun-related crime find
their efforts unavailing due in part to the failure or
inability of other States or localities to take strong
measures; and
``(I) the Congress has the power, under the interstate
commerce clause and other provisions of the Constitution, to
enact measures to ensure the integrity and safety of the
Nation's schools by enactment of this subsection.
``(2)(A) It shall be unlawful for any individual knowingly to possess
a firearm that has moved in or that otherwise affects interstate or
foreign commerce at a place that the individual knows, or has
reasonable cause to believe, is a school zone.
``(B) Subparagraph (A) does not apply to the possession of a
firearm--
``(i) on private property not part of school grounds;
``(ii) if the individual possessing the firearm is licensed
to do so by the State in which the school zone is located or a
political subdivision of the State, and the law of the State or
political subdivision requires that, before an individual
obtains such a license, the law enforcement authorities of the
State or political subdivision verify that the individual is
qualified under law to receive the license;
``(iii) that is--
``(I) not loaded; and
``(II) in a locked container, or a locked firearms
rack that is on a motor vehicle;
``(iv) by an individual for use in a program approved by a
school in the school zone;
``(v) by an individual in accordance with a contract entered
into between a school in the school zone and the individual or
an employer of the individual;
``(vi) by a law enforcement officer acting in his or her
official capacity; or
``(vii) that is unloaded and is possessed by an individual
while traversing school premises for the purpose of gaining
access to public or private lands open to hunting, if the entry
on school premises is authorized by school authorities.
``(3)(A) Except as provided in subparagraph (B), it shall be unlawful
for any person, knowingly or with reckless disregard for the safety of
another, to discharge or attempt to discharge a firearm that has moved
in or that otherwise affects interstate or foreign commerce at a place
that the person knows is a school zone.
``(B) Subparagraph (A) does not apply to the discharge of a firearm--
``(i) on private property not part of school grounds;
``(ii) as part of a program approved by a school in the
school zone, by an individual who is participating in the
program;
``(iii) by an individual in accordance with a contract
entered into between a school in a school zone and the
individual or an employer of the individual; or
``(iv) by a law enforcement officer acting in his or her
official capacity.
``(4) Nothing in this subsection shall be construed as preempting or
preventing a State or local government from enacting a statute
establishing gun free school zones as provided in this subsection.
``(r) It shall be unlawful for any person to assemble from imported
parts any semiautomatic rifle or any shotgun which is identical to any
rifle or shotgun prohibited from importation under section 585(d)(3) as
not being particularly suitable for or readily adaptable to sporting
purposes except that this subsection shall not apply to--
``(1) the assembly of any such rifle or shotgun for sale or
distribution by a licensed manufacturer to the United States or
any department or agency thereof or to any State or any
department, agency, or political subdivision thereof; or
``(2) the assembly of any such rifle or shotgun for the
purposes of testing or experimentation authorized by the
Attorney General.
``(s)(1) Beginning on the date that is 90 days after the date of
enactment of this subsection and ending on the day before the date that
is 60 months after such date of enactment, it shall be unlawful for any
licensed importer, licensed manufacturer, or licensed dealer to sell,
deliver, or transfer a handgun (other than the return of a handgun to
the person from whom it was received) to an individual who is not
licensed under section 583, unless--
``(A) after the most recent proposal of such transfer by the
transferee--
``(i) the transferor has--
``(I) received from the transferee a
statement of the transferee containing the
information described in paragraph (3);
``(II) verified the identity of the
transferee by examining the identification
document presented;
``(III) within 1 day after the transferee
furnishes the statement, provided notice of the
contents of the statement to the chief law
enforcement officer of the place of residence
of the transferee; and
``(IV) within 1 day after the transferee
furnishes the statement, transmitted a copy of
the statement to the chief law enforcement
officer of the place of residence of the
transferee; and
``(ii)(I) 5 business days (meaning days on which
State offices are open) have elapsed from the date the
transferor furnished notice of the contents of the
statement to the chief law enforcement officer, during
which period the transferor has not received
information from the chief law enforcement officer that
receipt or possession of the handgun by the transferee
would be in violation of Federal, State, or local law;
or
``(II) the transferor has received notice from the
chief law enforcement officer that the officer has no
information indicating that receipt or possession of
the handgun by the transferee would violate Federal,
State, or local law;
``(B) the transferee has presented to the transferor a
written statement, issued by the chief law enforcement officer
of the place of residence of the transferee during the 10-day
period ending on the date of the most recent proposal of such
transfer by the transferee, stating that the transferee
requires access to a handgun because of a threat to the life of
the transferee or of any member of the household of the
transferee;
``(C)(i) the transferee has presented to the transferor a
permit that--
``(I) allows the transferee to possess or acquire a
handgun; and
``(II) was issued not more than 5 years earlier by
the State in which the transfer is to take place; and
``(ii) the law of the State provides that such a permit is to
be issued only after an authorized government official has
verified that the information available to such official does
not indicate that possession of a handgun by the transferee
would be in violation of the law;
``(D) the law of the State requires that, before any licensed
importer, licensed manufacturer, or licensed dealer completes
the transfer of a handgun to an individual who is not licensed
under section 583, an authorized government official verify
that the information available to such official does not
indicate that possession of a handgun by the transferee would
be in violation of law;
``(E) the Attorney General has approved the transfer under
section 5812 of the Internal Revenue Code of 1986; or
``(F) on application of the transferor, the Attorney General
has certified that compliance with subparagraph (A)(i)(III) is
impracticable because--
``(i) the ratio of the number of law enforcement
officers of the State in which the transfer is to occur
to the number of square miles of land area of the State
does not exceed 0.0025;
``(ii) the business premises of the transferor at
which the transfer is to occur are extremely remote in
relation to the chief law enforcement officer; and
``(iii) there is an absence of telecommunications
facilities in the geographical area in which the
business premises are located.
``(2) A chief law enforcement officer to whom a transferor has
provided notice pursuant to paragraph (1)(A)(i)(III) shall make a
reasonable effort to ascertain within 5 business days whether receipt
or possession would be in violation of the law, including research in
whatever State and local recordkeeping systems are available and in a
national system designated by the Attorney General.
``(3) The statement referred to in paragraph (1)(A)(i)(I) shall
contain only--
``(A) the name, address, and date of birth appearing on a
valid identification document (as defined in section 1028(d)(1)
of the transferee containing a photograph of the transferee and
a description of the identification used;
``(B) a statement that the transferee--
``(i) is not under indictment for, and has not been
convicted in any court of, a crime punishable by
imprisonment for a term exceeding 1 year, and has not
been convicted in any court of a misdemeanor crime of
domestic violence;
``(ii) is not a fugitive from justice;
``(iii) is not an unlawful user of or addicted to any
controlled substance (as defined in section 102 of the
Controlled Substances Act);
``(iv) has not been adjudicated as a mental defective
or been committed to a mental institution;
``(v) is not an alien who--
``(I) is illegally or unlawfully in the
United States; or
``(II) subject to subsection (y)(2), has been
admitted to the United States under a
nonimmigrant visa (as that term is defined in
section 101(a)(26) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(26)));
``(vi) has not been discharged from the Armed Forces
under dishonorable conditions; and
``(vii) is not a person who, having been a citizen of
the United States, has renounced such citizenship;
``(C) the date the statement is made; and
``(D) notice that the transferee intends to obtain a handgun
from the transferor.
``(4) Any transferor of a handgun who, after such transfer, receives
a report from a chief law enforcement officer containing information
that receipt or possession of the handgun by the transferee violates
Federal, State, or local law shall, within 1 business day after receipt
of such request, communicate any information related to the transfer
that the transferor has about the transfer and the transferee to--
``(A) the chief law enforcement officer of the place of
business of the transferor; and
``(B) the chief law enforcement officer of the place of
residence of the transferee.
``(5) Any transferor who receives information, not otherwise
available to the public, in a report under this subsection shall not
disclose such information except to the transferee, to law enforcement
authorities, or pursuant to the direction of a court of law.
``(6)(A) Any transferor who sells, delivers, or otherwise transfers a
handgun to a transferee shall retain the copy of the statement of the
transferee with respect to the handgun transaction, and shall retain
evidence that the transferor has complied with subclauses (III) and
(IV) of paragraph (1)(A)(i) with respect to the statement.
``(B) Unless the chief law enforcement officer to whom a statement is
transmitted under paragraph (1)(A)(i)(IV) determines that a transaction
would violate Federal, State, or local law--
``(i) the officer shall, within 20 business days after the
date the transferee made the statement on the basis of which
the notice was provided, destroy the statement, any record
containing information derived from the statement, and any
record created as a result of the notice required by paragraph
(1)(A)(i)(III);
``(ii) the information contained in the statement shall not
be conveyed to any person except a person who has a need to
know in order to carry out this subsection; and
``(iii) the information contained in the statement shall not
be used for any purpose other than to carry out this
subsection.
``(C) If a chief law enforcement officer determines that an
individual is ineligible to receive a handgun and the individual
requests the officer to provide the reason for such determination, the
officer shall provide such reasons to the individual in writing within
20 business days after receipt of the request.
``(7) A chief law enforcement officer or other person responsible for
providing criminal history background information pursuant to this
subsection shall not be liable in an action at law for damages--
``(A) for failure to prevent the sale or transfer of a
handgun to a person whose receipt or possession of the handgun
is unlawful under this section; or
``(B) for preventing such a sale or transfer to a person who
may lawfully receive or possess a handgun.
``(8) For purposes of this subsection, the term `chief law
enforcement officer' means the chief of police, the sheriff, or an
equivalent officer or the designee of any such individual.
``(9) The Attorney General shall take necessary actions to ensure
that the provisions of this subsection are published and disseminated
to licensed dealers, law enforcement officials, and the public.
``(t)(1) Beginning on the date that is 30 days after the Attorney
General notifies licensees under section 103(d) of the Brady Handgun
Violence Prevention Act that the national instant criminal background
check system is established, a licensed importer, licensed
manufacturer, or licensed dealer shall not transfer a firearm to any
other person who is not licensed under this chapter, unless--
``(A) before the completion of the transfer, the licensee
contacts the national instant criminal background check system
established under section 103 of that Act;
``(B)(i) the system provides the licensee with a unique
identification number; or
``(ii) 3 business days (meaning a day on which State offices
are open) have elapsed since the licensee contacted the system,
and the system has not notified the licensee that the receipt
of a firearm by such other person would violate subsection (g)
or (n) of this section; and
``(C) the transferor has verified the identity of the
transferee by examining a valid identification document (as
defined in section 1028(d) of this title) of the transferee
containing a photograph of the transferee.
``(2) If receipt of a firearm would not violate subsection (g) or (n)
or State law, the system shall--
``(A) assign a unique identification number to the transfer;
``(B) provide the licensee with the number; and
``(C) destroy all records of the system with respect to the
call (other than the identifying number and the date the number
was assigned) and all records of the system relating to the
person or the transfer.
``(3) Paragraph (1) shall not apply to a firearm transfer between a
licensee and another person if--
``(A)(i) such other person has presented to the licensee a
permit that--
``(I) allows such other person to possess or acquire
a firearm; and
``(II) was issued not more than 5 years earlier by
the State in which the transfer is to take place; and
``(ii) the law of the State provides that such a permit is to
be issued only after an authorized government official has
verified that the information available to such official does
not indicate that possession of a firearm by such other person
would be in violation of law;
``(B) the Attorney General has approved the transfer under
section 5812 of the Internal Revenue Code of 1986; or
``(C) on application of the transferor, the Attorney General
has certified that compliance with paragraph (1)(A) is
impracticable because--
``(i) the ratio of the number of law enforcement
officers of the State in which the transfer is to occur
to the number of square miles of land area of the State
does not exceed 0.0025;
``(ii) the business premises of the licensee at which
the transfer is to occur are extremely remote in
relation to the chief law enforcement officer (as
defined in subsection (s)(8)); and
``(iii) there is an absence of telecommunications
facilities in the geographical area in which the
business premises are located.
``(4) If the national instant criminal background check system
notifies the licensee that the information available to the system does
not demonstrate that the receipt of a firearm by such other person
would violate subsection (g) or (n) or State law, and the licensee
transfers a firearm to such other person, the licensee shall include in
the record of the transfer the unique identification number provided by
the system with respect to the transfer.
``(5) If the licensee knowingly transfers a firearm to such other
person and knowingly fails to comply with paragraph (1) of this
subsection with respect to the transfer and, at the time such other
person most recently proposed the transfer, the national instant
criminal background check system was operating and information was
available to the system demonstrating that receipt of a firearm by such
other person would violate subsection (g) or (n) of this section or
State law, the Attorney General may, after notice and opportunity for a
hearing, suspend for not more than 6 months or revoke any license
issued to the licensee under section 583, and may impose on the
licensee a civil fine of not more than $5,000.
``(6) Neither a local government nor an employee of the Federal
Government or of any State or local government, responsible for
providing information to the national instant criminal background check
system shall be liable in an action at law for damages--
``(A) for failure to prevent the sale or transfer of a
firearm to a person whose receipt or possession of the firearm
is unlawful under this section; or
``(B) for preventing such a sale or transfer to a person who
may lawfully receive or possess a firearm.
``(u) It shall be unlawful for a person to steal or unlawfully take
or carry away from the person or the premises of a person who is
licensed to engage in the business of importing, manufacturing, or
dealing in firearms, any firearm in the licensee's business inventory
that has been shipped or transported in interstate or foreign commerce.
``(v)(1) It shall be unlawful for a person to sell, deliver, or
otherwise transfer to a person who the transferor knows or has
reasonable cause to believe is a juvenile--
``(A) a handgun; or
``(B) ammunition that is suitable for use only in a handgun.
``(2) It shall be unlawful for any person who is a juvenile to
knowingly possess--
``(A) a handgun; or
``(B) ammunition that is suitable for use only in a handgun.
``(3) This subsection does not apply to--
``(A) a temporary transfer of a handgun or ammunition to a
juvenile or to the possession or use of a handgun or ammunition
by a juvenile if the handgun and ammunition are possessed and
used by the juvenile--
``(i) in the course of employment, in the course of
ranching or farming related to activities at the
residence of the juvenile (or on property used for
ranching or farming at which the juvenile, with the
permission of the property owner or lessee, is
performing activities related to the operation of the
farm or ranch), target practice, hunting, or a course
of instruction in the safe and lawful use of a handgun;
``(ii) with the prior written consent of the
juvenile's parent or guardian who is not prohibited by
Federal, State, or local law from possessing a firearm,
except--
``(I) during transportation by the juvenile
of an unloaded handgun in a locked container
directly from the place of transfer to a place
at which an activity described in clause (i) is
to take place and transportation by the
juvenile of that handgun, unloaded and in a
locked container, directly from the place at
which such an activity took place to the
transferor; or
``(II) with respect to ranching or farming
activities as described in clause (i), a
juvenile may possess and use a handgun or
ammunition with the prior written approval of
the juvenile's parent or legal guardian and at
the direction of an adult who is not prohibited
by Federal, State or local law from possessing
a firearm; or
``(iii) the juvenile has the prior written consent in
the juvenile's possession at all times when a handgun
is in the possession of the juvenile; and
``(iv) in accordance with State and local law;
``(B) a juvenile who is a member of the Armed Forces of the
United States or the National Guard who possesses or is armed
with a handgun in the line of duty;
``(C) a transfer by inheritance of title (but not possession)
of a handgun or ammunition to a juvenile; or
``(D) the possession of a handgun or ammunition by a juvenile
taken in defense of the juvenile or other persons against an
intruder into the residence of the juvenile or a residence in
which the juvenile is an invited guest.
``(4) A handgun or ammunition, the possession of which is transferred
to a juvenile in circumstances in which the transferor is not in
violation of this subsection shall not be subject to permanent
confiscation by the Government if its possession by the juvenile
subsequently becomes unlawful because of the conduct of the juvenile,
but shall be returned to the lawful owner when such handgun or
ammunition is no longer required by the Government for the purposes of
investigation or prosecution.
``(5) For purposes of this subsection, the term `juvenile' means a
person who is less than 18 years of age.
``(6)(A) In a prosecution of a violation of this subsection, the
court shall require the presence of a juvenile defendant's parent or
legal guardian at all proceedings.
``(B) The court may use the contempt power to enforce subparagraph
(A).
``(C) The court may excuse attendance of a parent or legal guardian
of a juvenile defendant at a proceeding in a prosecution of a violation
of this subsection for good cause shown.
``(w) Provisions Relating to Aliens Admitted Under Nonimmigrant
Visas.--
``(1) Definitions.--In this subsection--
``(A) the term `alien' has the same meaning as in
section 101(a)(3) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(3)); and
``(B) the term `nonimmigrant visa' has the same
meaning as in section 101(a)(26) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(26)).
``(2) Exceptions.--Subsections (d)(5)(B), (g)(5)(B), and
(s)(3)(B)(v)(II) do not apply to any alien who has been
lawfully admitted to the United States under a nonimmigrant
visa, if that alien is--
``(A) admitted to the United States for lawful
hunting or sporting purposes or is in possession of a
hunting license or permit lawfully issued in the United
States;
``(B) an official representative of a foreign
government who is--
``(i) accredited to the United States
Government or the Government's mission to an
international organization having its
headquarters in the United States; or
``(ii) en route to or from another country to
which that alien is accredited;
``(C) an official of a foreign government or a
distinguished foreign visitor who has been so
designated by the Department of State; or
``(D) a foreign law enforcement officer of a friendly
foreign government entering the United States on
official law enforcement business.
``(3) Waiver.--
``(A) Conditions for waiver.--Any individual who has
been admitted to the United States under a nonimmigrant
visa may receive a waiver from the requirements of
subsection (g)(5), if--
``(i) the individual submits to the Attorney
General a petition that meets the requirements
of subparagraph (C); and
``(ii) the Attorney General approves the
petition.
``(B) Petition.--Each petition under subparagraph (B)
shall--
``(i) demonstrate that the petitioner has
resided in the United States for a continuous
period of not less than 180 days before the
date on which the petition is submitted under
this paragraph; and
``(ii) include a written statement from the
embassy or consulate of the petitioner,
authorizing the petitioner to acquire a firearm
or ammunition and certifying that the alien
would not, absent the application of subsection
(g)(5)(B), otherwise be prohibited from such
acquisition under subsection (g).
``(C) Approval of petition.--The Attorney General
shall approve a petition submitted in accordance with
this paragraph, if the Attorney General determines that
waiving the requirements of subsection (g)(5)(B) with
respect to the petitioner--
``(i) would be in the interests of justice;
and
``(ii) would not jeopardize the public
safety.
``(x) Secure Gun Storage or Safety Device.--
``(1) In general.--Except as provided under paragraph (2), it
shall be unlawful for any licensed importer, licensed
manufacturer, or licensed dealer to sell, deliver, or transfer
any handgun to any person other than any person licensed under
this chapter, unless the transferee is provided with a secure
gun storage or safety device (as defined in section 921(a)(34))
for that handgun.
``(2) Exceptions.--Paragraph (1) shall not apply to--
``(A)(i) the manufacture for, transfer to, or
possession by, the United States, a department or
agency of the United States, a State, or a department,
agency, or political subdivision of a State, of a
handgun; or
``(ii) the transfer to, or possession by, a
law enforcement officer employed by an entity
referred to in clause (i) of a handgun for law
enforcement purposes (whether on or off duty);
or
``(B) the transfer to, or possession by, a rail
police officer employed by a rail carrier and certified
or commissioned as a police officer under the laws of a
State of a handgun for purposes of law enforcement
(whether on or off duty);
``(C) the transfer to any person of a handgun listed
as a curio or relic by the Secretary pursuant to
section 921(a)(13); or
``(D) the transfer to any person of a handgun for
which a secure gun storage or safety device is
temporarily unavailable for the reasons described in
the exceptions stated in section 923(e), if the
licensed manufacturer, licensed importer, or licensed
dealer delivers to the transferee within 10 calendar
days from the date of the delivery of the handgun to
the transferee a secure gun storage or safety device
for the handgun.
``(3) Liability for use.--
``(A) In general.--Notwithstanding any other
provision of law, a person who has lawful possession
and control of a handgun, and who uses a secure gun
storage or safety device with the handgun, shall be
entitled to immunity from a qualified civil liability
action.
``(B) Prospective actions.--A qualified civil
liability action may not be brought in any Federal or
State court.
``(C) Defined term.--As used in this paragraph, the
term `qualified civil liability action'--
``(i) means a civil action brought by any
person against a person described in
subparagraph (A) for damages resulting from the
criminal or unlawful misuse of the handgun by a
third party, if--
``(I) the handgun was accessed by
another person who did not have the
permission or authorization of the
person having lawful possession and
control of the handgun to have access
to it; and
``(II) at the time access was gained
by the person not so authorized, the
handgun had been made inoperable by use
of a secure gun storage or safety
device; and
``(ii) shall not include an action brought
against the person having lawful possession and
control of the handgun for negligent
entrustment or negligence per se.
``Sec. 583. Licensing
``(a) No person shall engage in the business of importing,
manufacturing, or dealing in firearms, or importing or manufacturing
ammunition, until he has filed an application with and received a
license to do so from the Attorney General. The application shall be in
such form and contain only that information necessary to determine
eligibility for licensing as the Attorney General shall by regulation
prescribe and shall include a photograph and fingerprints of the
applicant. Each applicant shall pay a fee for obtaining such a license,
a separate fee being required for each place in which the applicant is
to do business, as follows:
``(1) If the applicant is a manufacturer--
``(A) of destructive devices, ammunition for
destructive devices or armor piercing ammunition, a fee
of $1,000 per year;
``(B) of firearms other than destructive devices, a
fee of $50 per year; or
``(C) of ammunition for firearms, other than
ammunition for destructive devices or armor piercing
ammunition, a fee of $10 per year.
``(2) If the applicant is an importer--
``(A) of destructive devices, ammunition for
destructive devices or armor piercing ammunition, a fee
of $1,000 per year; or
``(B) of firearms other than destructive devices or
ammunition for firearms other than destructive devices,
or ammunition other than armor piercing ammunition, a
fee of $50 per year.
``(3) If the applicant is a dealer--
``(A) in destructive devices or ammunition for
destructive devices, a fee of $1,000 per year; or
``(B) who is not a dealer in destructive devices, a
fee of $200 for 3 years, except that the fee for
renewal of a valid license shall be $90 for 3 years.
``(b) Any person desiring to be licensed as a collector shall file an
application for such license with the Attorney General. The application
shall be in such form and contain only that information necessary to
determine eligibility as the Attorney General shall by regulation
prescribe. The fee for such license shall be $10 per year. Any license
granted under this subsection shall only apply to transactions in
curios and relics.
``(c) Upon the filing of a proper application and payment of the
prescribed fee, the Attorney General shall issue to a qualified
applicant the appropriate license which, subject to the provisions of
this chapter and other applicable provisions of law, shall entitle the
licensee to transport, ship, and receive firearms and ammunition
covered by such license in interstate or foreign commerce during the
period stated in the license. Nothing in this chapter shall be
construed to prohibit a licensed manufacturer, importer, or dealer from
maintaining and disposing of a personal collection of firearms, subject
only to such restrictions as apply in this chapter to dispositions by a
person other than a licensed manufacturer, importer, or dealer. If any
firearm is so disposed of by a licensee within one year after its
transfer from his business inventory into such licensee's personal
collection or if such disposition or any other acquisition is made for
the purpose of willfully evading the restrictions placed upon licensees
by this chapter, then such firearm shall be deemed part of such
licensee's business inventory, except that any licensed manufacturer,
importer, or dealer who has maintained a firearm as part of a personal
collection for one year and who sells or otherwise disposes of such
firearm shall record the description of the firearm in a bound volume,
containing the name and place of residence and date of birth of the
transferee if the transferee is an individual, or the identity and
principal and local places of business of the transferee if the
transferee is a corporation or other business entity: Provided, That no
other recordkeeping shall be required.
``(d)(1) Any application submitted under subsection (a) or (b) of
this section shall be approved if--
``(A) the applicant is twenty-one years of age or over;
``(B) the applicant (including, in the case of a corporation,
partnership, or association, any individual possessing,
directly or indirectly, the power to direct or cause the
direction of the management and policies of the corporation,
partnership, or association) is not prohibited from
transporting, shipping, or receiving firearms or ammunition in
interstate or foreign commerce under section 582(g) and (n);
``(C) the applicant has not willfully violated any of the
provisions of this chapter or regulations issued thereunder;
``(D) the applicant has not willfully failed to disclose any
material information required, or has not made any false
statement as to any material fact, in connection with his
application;
``(E) the applicant has in a State (i) premises from which he
conducts business subject to license under this chapter or from
which he intends to conduct such business within a reasonable
period of time, or (ii) in the case of a collector, premises
from which he conducts his collecting subject to license under
this chapter or from which he intends to conduct such
collecting within a reasonable period of time;
``(F) the applicant certifies that--
``(i) the business to be conducted under the license
is not prohibited by State or local law in the place
where the licensed premise is located;
``(ii)(I) within 30 days after the application is
approved the business will comply with the requirements
of State and local law applicable to the conduct of the
business; and
``(II) the business will not be conducted under the
license until the requirements of State and local law
applicable to the business have been met; and
``(iii) that the applicant has sent or delivered a
form to be prescribed by the Attorney General, to the
chief law enforcement officer of the locality in which
the premises are located, which indicates that the
applicant intends to apply for a Federal firearms
license; and
``(G) in the case of an application to be licensed as a
dealer, the applicant certifies that secure gun storage or
safety devices will be available at any place in which firearms
are sold under the license to persons who are not licensees
(subject to the exception that in any case in which a secure
gun storage or safety device is temporarily unavailable because
of theft, casualty loss, consumer sales, backorders from a
manufacturer, or any other similar reason beyond the control of
the licensee, the dealer shall not be considered to be in
violation of the requirement under this subparagraph to make
available such a device).
``(2) The Attorney General must approve or deny an application for a
license within the 60-day period beginning on the date it is received.
If the Attorney General fails to act within such period, the applicant
may file an action under section 1361 of title 28 to compel the
Attorney General to act. If the Attorney General approves an
applicant's application, such applicant shall be issued a license upon
the payment of the prescribed fee.
``(e) The Attorney General may, after notice and opportunity for
hearing, revoke any license issued under this section if the holder of
such license has willfully violated any provision of this chapter or
any rule or regulation prescribed by the Attorney General under this
chapter or fails to have secure gun storage or safety devices available
at any place in which firearms are sold under the license to persons
who are not licensees (except that in any case in which a secure gun
storage or safety device is temporarily unavailable because of theft,
casualty loss, consumer sales, backorders from a manufacturer, or any
other similar reason beyond the control of the licensee, the dealer
shall not be considered to be in violation of the requirement to make
available such a device). The Attorney General may, after notice and
opportunity for hearing, revoke the license of a dealer who willfully
transfers armor piercing ammunition. The Attorney General's action
under this subsection may be reviewed only as provided in subsection
(f) of this section.
``(f)(1) Any person whose application for a license is denied and any
holder of a license which is revoked shall receive a written notice
from the Attorney General stating specifically the grounds upon which
the application was denied or upon which the license was revoked. Any
notice of a revocation of a license shall be given to the holder of
such license before the effective date of the revocation.
``(2) If the Attorney General denies an application for, or revokes,
a license, he shall, upon request by the aggrieved party, promptly hold
a hearing to review his denial or revocation. In the case of a
revocation of a license, the Attorney General shall upon the request of
the holder of the license stay the effective date of the revocation. A
hearing held under this paragraph shall be held at a location
convenient to the aggrieved party.
``(3) If after a hearing held under paragraph (2) the Attorney
General decides not to reverse his decision to deny an application or
revoke a license, the Attorney General shall give notice of his
decision to the aggrieved party. The aggrieved party may at any time
within sixty days after the date notice was given under this paragraph
file a petition with the United States district court for the district
in which he resides or has his principal place of business for a de
novo judicial review of such denial or revocation. In a proceeding
conducted under this subsection, the court may consider any evidence
submitted by the parties to the proceeding whether or not such evidence
was considered at the hearing held under paragraph (2). If the court
decides that the Attorney General was not authorized to deny the
application or to revoke the license, the court shall order the
Attorney General to take such action as may be necessary to comply with
the judgment of the court.
``(4) If criminal proceedings are instituted against a licensee
alleging any violation of this chapter or of rules or regulations
prescribed under this chapter, and the licensee is acquitted of such
charges, or such proceedings are terminated, other than upon motion of
the Government before trial upon such charges, the Attorney General
shall be absolutely barred from denying or revoking any license granted
under this chapter where such denial or revocation is based in whole or
in part on the facts which form the basis of such criminal charges. No
proceedings for the revocation of a license shall be instituted by the
Attorney General more than one year after the filing of the indictment
or information.
``(g)(1)(A) Each licensed importer, licensed manufacturer, and
licensed dealer shall maintain such records of importation, production,
shipment, receipt, sale, or other disposition of firearms at his place
of business for such period, and in such form, as the Attorney General
may by regulations prescribe. Such importers, manufacturers, and
dealers shall not be required to submit to the Attorney General reports
and information with respect to such records and the contents thereof,
except as expressly required by this section. The Attorney General,
when he has reasonable cause to believe a violation of this chapter has
occurred and that evidence thereof may be found on such premises, may,
upon demonstrating such cause before a Federal magistrate judge and
securing from such magistrate judge a warrant authorizing entry, enter
during business hours the premises (including places of storage) of any
licensed firearms importer, licensed manufacturer, licensed dealer,
licensed collector, or any licensed importer or manufacturer of
ammunition, for the purpose of inspecting or examining--
``(i) any records or documents required to be kept by such
licensed importer, licensed manufacturer, licensed dealer, or
licensed collector under this chapter or rules or regulations
under this chapter, and
``(ii) any firearms or ammunition kept or stored by such
licensed importer, licensed manufacturer, licensed dealer, or
licensed collector, at such premises.
``(B) The Attorney General may inspect or examine the inventory and
records of a licensed importer, licensed manufacturer, or licensed
dealer without such reasonable cause or warrant--
``(i) in the course of a reasonable inquiry during the course
of a criminal investigation of a person or persons other than
the licensee;
``(ii) for ensuring compliance with the record keeping
requirements of this chapter--
``(I) not more than once during any 12-month period;
or
``(II) at any time with respect to records relating
to a firearm involved in a criminal investigation that
is traced to the licensee; or
``(iii) when such inspection or examination may be required
for determining the disposition of one or more particular
firearms in the course of a bona fide criminal investigation.
``(C) The Attorney General may inspect the inventory and records of a
licensed collector without such reasonable cause or warrant--
``(i) for ensuring compliance with the record keeping
requirements of this chapter not more than once during any
twelve-month period; or
``(ii) when such inspection or examination may be required
for determining the disposition of one or more particular
firearms in the course of a bona fide criminal investigation.
``(D) At the election of a licensed collector, the annual inspection
of records and inventory permitted under this paragraph shall be
performed at the office of the Attorney General designated for such
inspections which is located in closest proximity to the premises where
the inventory and records of such licensed collector are maintained.
The inspection and examination authorized by this paragraph shall not
be construed as authorizing the Attorney General to seize any records
or other documents other than those records or documents constituting
material evidence of a violation of law. If the Attorney General seizes
such records or documents, copies shall be provided the licensee within
a reasonable time. The Attorney General may make available to any
Federal, State, or local law enforcement agency any information which
he may obtain by reason of this chapter with respect to the
identification of persons prohibited from purchasing or receiving
firearms or ammunition who have purchased or received firearms or
ammunition, together with a description of such firearms or ammunition,
and he may provide information to the extent such information may be
contained in the records required to be maintained by this chapter,
when so requested by any Federal, State, or local law enforcement
agency.
``(2) Each licensed collector shall maintain in a bound volume the
nature of which the Attorney General may by regulations prescribe,
records of the receipt, sale, or other disposition of firearms. Such
records shall include the name and address of any person to whom the
collector sells or otherwise disposes of a firearm. Such collector
shall not be required to submit to the Attorney General reports and
information with respect to such records and the contents thereof,
except as expressly required by this section.
``(3)(A) Each licensee shall prepare a report of multiple sales or
other dispositions whenever the licensee sells or otherwise disposes
of, at one time or during any five consecutive business days, two or
more pistols, or revolvers, or any combination of pistols and revolvers
totalling two or more, to an unlicensed person. The report shall be
prepared on a form specified by the Attorney General and forwarded to
the office specified thereon and to the department of State police or
State law enforcement agency of the State or local law enforcement
agency of the local jurisdiction in which the sale or other disposition
took place, not later than the close of business on the day that the
multiple sale or other disposition occurs.
``(B) Except in the case of forms and contents thereof regarding a
purchaser who is prohibited by subsection (g) or (n) of section 582 of
this title from receipt of a firearm, the department of State police or
State law enforcement agency or local law enforcement agency of the
local jurisdiction shall not disclose any such form or the contents
thereof to any person or entity, and shall destroy each such form and
any record of the contents thereof no more than 20 days from the date
such form is received. No later than the date that is 6 months after
the effective date of this subparagraph, and at the end of each 6-month
period thereafter, the department of State police or State law
enforcement agency or local law enforcement agency of the local
jurisdiction shall certify to the Attorney General of the United States
that no disclosure contrary to this subparagraph has been made and that
all forms and any record of the contents thereof have been destroyed as
provided in this subparagraph.
``(4) Where a firearms or ammunition business is discontinued and
succeeded by a new licensee, the records required to be kept by this
chapter shall appropriately reflect such facts and shall be delivered
to the successor. Where discontinuance of the business is absolute,
such records shall be delivered within thirty days after the business
discontinuance to the Attorney General. However, where State law or
local ordinance requires the delivery of records to other responsible
authority, the Attorney General may arrange for the delivery of such
records to such other responsible authority.
``(5)(A) Each licensee shall, when required by letter issued by the
Attorney General, and until notified to the contrary in writing by the
Attorney General, submit on a form specified by the Attorney General,
for periods and at the times specified in such letter, all record
information required to be kept by this chapter or such lesser record
information as the Attorney General in such letter may specify.
``(B) The Attorney General may authorize such record information to
be submitted in a manner other than that prescribed in subparagraph (A)
of this paragraph when it is shown by a licensee that an alternate
method of reporting is reasonably necessary and will not unduly hinder
the effective administration of this chapter. A licensee may use an
alternate method of reporting if the licensee describes the proposed
alternate method of reporting and the need therefor in a letter
application submitted to the Attorney General, and the Attorney General
approves such alternate method of reporting.
``(6) Each licensee shall report the theft or loss of a firearm from
the licensee's inventory or collection, within 48 hours after the theft
or loss is discovered, to the Attorney General and to the appropriate
local authorities.
``(7) Each licensee shall respond immediately to, and in no event
later than 24 hours after the receipt of, a request by the Attorney
General for information contained in the records required to be kept by
this chapter as may be required for determining the disposition of 1 or
more firearms in the course of a bona fide criminal investigation. The
requested information shall be provided orally or in writing, as the
Attorney General may require. The Attorney General shall implement a
system whereby the licensee can positively identify and establish that
an individual requesting information via telephone is employed by and
authorized by the agency to request such information.
``(h) Licenses issued under the provisions of subsection (c) of this
section shall be kept posted and kept available for inspection on the
premises covered by the license.
``(i) Licensed importers and licensed manufacturers shall identify by
means of a serial number engraved or cast on the receiver or frame of
the weapon, in such manner as the Attorney General shall by regulations
prescribe, each firearm imported or manufactured by such importer or
manufacturer.
``(j) A licensed importer, licensed manufacturer, or licensed dealer
may, under rules or regulations prescribed by the Attorney General,
conduct business temporarily at a location other than the location
specified on the license if such temporary location is the location for
a gun show or event sponsored by any national, State, or local
organization, or any affiliate of any such organization devoted to the
collection, competitive use, or other sporting use of firearms in the
community, and such location is in the State which is specified on the
license. Records of receipt and disposition of firearms transactions
conducted at such temporary location shall include the location of the
sale or other disposition and shall be entered in the permanent records
of the licensee and retained on the location specified on the license.
Nothing in this subsection shall authorize any licensee to conduct
business in or from any motorized or towed vehicle. Notwithstanding the
provisions of subsection (a) of this section, a separate fee shall not
be required of a licensee with respect to business conducted under this
subsection. Any inspection or examination of inventory or records under
this chapter by the Attorney General at such temporary location shall
be limited to inventory consisting of, or records relating to, firearms
held or disposed at such temporary location. Nothing in this subsection
shall be construed to authorize the Attorney General to inspect or
examine the inventory or records of a licensed importer, licensed
manufacturer, or licensed dealer at any location other than the
location specified on the license. Nothing in this subsection shall be
construed to diminish in any manner any right to display, sell, or
otherwise dispose of firearms or ammunition, which is in effect before
the date of the enactment of the Firearms Owners' Protection Act,
including the right of a licensee to conduct `curios or relics'
firearms transfers and business away from their business premises with
another licensee without regard as to whether the location of where the
business is conducted is located in the State specified on the license
of either licensee.
``(k) Licensed importers and licensed manufacturers shall mark all
armor piercing projectiles and packages containing such projectiles for
distribution in the manner prescribed by the Attorney General by
regulation. The Attorney General shall furnish information to each
dealer licensed under this chapter defining which projectiles are
considered armor piercing ammunition.
``(l) The Attorney General shall notify the chief law enforcement
officer in the appropriate State and local jurisdictions of the names
and addresses of all persons in the State to whom a firearms license is
issued.
``Sec. 584. Penalties
``(a)(1) Except as otherwise provided in this subsection, subsection
(b), (c), (f), or (p) of this section, or in section 592, whoever--
``(A) knowingly makes any false statement or representation
with respect to the information required by this chapter to be
kept in the records of a person licensed under this chapter or
in applying for any license or exemption or relief from
disability under the provisions of this chapter;
``(B) knowingly violates subsection (a)(4), (f), (k), or (q)
of section 582;
``(C) knowingly imports or brings into the United States or
any possession thereof any firearm or ammunition in violation
of section 582(l); or
``(D) knowingly violates any other provision of this chapter,
shall be imprisoned not more than five years.
``(2) Whoever knowingly violates subsection (a)(6), (d), (g), (h),
(i), (j), or (o) of section 582 shall be imprisoned not more than 10
years.
``(3) Any licensed dealer, licensed importer, licensed manufacturer,
or licensed collector who knowingly--
``(A) makes any false statement or representation with
respect to the information required by the provisions of this
chapter to be kept in the records of a person licensed under
this chapter, or
``(B) violates subsection (m) of section 582,
shall be imprisoned not more than one year.
``(4) Whoever violates section 582(q) shall be imprisoned for not
more than 5 years. Notwithstanding any other provision of law, the term
of imprisonment imposed under this paragraph shall not run concurrently
with any other term of imprisonment imposed under any other provision
of law. Except for the authorization of a term of imprisonment of not
more than 5 years made in this paragraph, for the purpose of any other
law a violation of section 582(q) shall be deemed to be a misdemeanor.
``(5) Whoever knowingly violates subsection (s) or (t) of section 582
shall be imprisoned for not more than 1 year.
``(6)(A)(i) A juvenile who violates section 582(x) shall be
imprisoned not more than 1 year, except that a juvenile described in
clause (ii) shall be sentenced to probation on appropriate conditions
and shall not be incarcerated unless the juvenile fails to comply with
a condition of probation.
``(ii) A juvenile is described in this clause if--
``(I) the offense of which the juvenile is charged is
possession of a handgun or ammunition in violation of section
582(x)(2); and
``(II) the juvenile has not been convicted in any court of an
offense (including an offense under section 582(x) or a similar
State law, but not including any other offense consisting of
conduct that if engaged in by an adult would not constitute an
offense) or adjudicated as a juvenile delinquent for conduct
that if engaged in by an adult would constitute an offense.
``(B) A person other than a juvenile who knowingly violates section
582(x)--
``(i) shall be imprisoned not more than 1 year; and
``(ii) if the person sold, delivered, or otherwise
transferred a handgun or ammunition to a juvenile knowing or
having reasonable cause to know that the juvenile intended to
carry or otherwise possess or discharge or otherwise use the
handgun or ammunition in the commission of a crime of violence,
shall be imprisoned not more than 10 years.
``(7) Whoever knowingly violates section 594 shall be imprisoned not
more than 3 years.
``(b) Whoever, with intent to commit therewith an offense punishable
by imprisonment for a term exceeding one year, or with knowledge or
reasonable cause to believe that an offense punishable by imprisonment
for a term exceeding one year is to be committed therewith, ships,
transports, or receives a firearm or any ammunition in interstate or
foreign commerce shall be imprisoned not more than ten years.
``(c)(1)(A) Except to the extent that a greater minimum sentence is
otherwise provided by this subsection or by any other provision of law,
whoever, during and in relation to any crime of violence or drug
trafficking crime (including a crime of violence or drug trafficking
crime that provides for an enhanced punishment if committed by the use
of a deadly or dangerous weapon or device) for which the person may be
prosecuted in a court of the United States, uses or carries a firearm,
or who, in furtherance of any such crime, possesses a firearm, shall,
in addition to the punishment provided for such crime of violence or
drug trafficking crime--
``(i) be sentenced to a term of imprisonment of not less than
5 years;
``(ii) if the firearm is brandished, be sentenced to a term
of imprisonment of not less than 7 years; and
``(iii) if the firearm is discharged, be sentenced to a term
of imprisonment of not less than 10 years.
``(B) If the firearm possessed by a person convicted of a violation
of this subsection--
``(i) is a short-barreled rifle, short-barreled shotgun, or
semiautomatic assault weapon, the person shall be sentenced to
a term of imprisonment of not less than 10 years; or
``(ii) is a machinegun or a destructive device, or is
equipped with a firearm silencer or firearm muffler, the person
shall be sentenced to a term of imprisonment of not less than
30 years.
``(C) In the case of a second or subsequent conviction under this
subsection, the person shall--
``(i) be sentenced to a term of imprisonment of not less than
25 years; and
``(ii) if the firearm involved is a machinegun or a
destructive device, or is equipped with a firearm silencer or
firearm muffler, be sentenced to imprisonment for life.
``(D) Notwithstanding any other provision of law--
``(i) a court shall not place on probation any person
convicted of a violation of this subsection; and
``(ii) no term of imprisonment imposed on a person under this
subsection shall run concurrently with any other term of
imprisonment imposed on the person, including any term of
imprisonment imposed for the crime of violence or drug
trafficking crime during which the firearm was used, carried,
or possessed.
``(2) For purposes of this subsection, the term `drug trafficking
crime' means any felony punishable under the Controlled Substances Act
(21 U.S.C. 801 et seq.), the Controlled Substances Import and Export
Act (21 U.S.C. 951 et seq.), or the Maritime Drug Law Enforcement Act
(46 U.S.C. App. 1901 et seq.).
``(3) For purposes of this subsection the term `crime of violence'
means an offense that is a felony and--
``(A) has as an element the use, attempted use, or threatened
use of physical force against the person or property of
another, or
``(B) 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.
``(4) For purposes of this subsection, the term `brandish' means,
with respect to a firearm, to display all or part of the firearm, or
otherwise make the presence of the firearm known to another person, in
order to intimidate that person, regardless of whether the firearm is
directly visible to that person.
``(5) Except to the extent that a greater minimum sentence is
otherwise provided under this subsection, or by any other provision of
law, whoever, during and in relation to any crime of violence or drug
trafficking crime (including a crime of violence or drug trafficking
crime that provides for an enhanced punishment if committed by the use
of a deadly or dangerous weapon or device) for which the person may be
prosecuted in a court of the United States, uses or carries armor
piercing ammunition, or who, in furtherance of any such crime,
possesses armor piercing ammunition, shall, in addition to the
punishment provided for such crime of violence or drug trafficking
crime or conviction under this section--
``(A) be sentenced to a term of imprisonment of not less than
15 years; and
``(B) if death results from the use of such ammunition be
punished as provided in section 101.
``(d)(1) Any firearm or ammunition involved in or used in any knowing
violation of subsection (a)(4), (a)(6), (f), (g), (h), (i), (j), or (k)
of section 582, or knowing importation or bringing into the United
States or any possession thereof any firearm or ammunition in violation
of section 582(l), or knowing violation of section 584, or willful
violation of any other provision of this chapter or any rule or
regulation promulgated thereunder, or any violation of any other
criminal law of the United States, or any firearm or ammunition
intended to be used in any offense referred to in paragraph (3) of this
subsection, where such intent is demonstrated by clear and convincing
evidence, shall be subject to seizure and forfeiture, and all
provisions of the Internal Revenue Code of 1986 relating to the
seizure, forfeiture, and disposition of firearms, as defined in section
5845(a) of that Code, shall, so far as applicable, extend to seizures
and forfeitures under the provisions of this chapter: Provided, That
upon acquittal of the owner or possessor, or dismissal of the charges
against him other than upon motion of the Government prior to trial, or
lapse of or court termination of the restraining order to which he is
subject, the seized or relinquished firearms or ammunition shall be
returned forthwith to the owner or possessor or to a person delegated
by the owner or possessor unless the return of the firearms or
ammunition would place the owner or possessor or his delegate in
violation of law. Any action or proceeding for the forfeiture of
firearms or ammunition shall be commenced within one hundred and twenty
days of such seizure.
``(2)(A) In any action or proceeding for the return of firearms or
ammunition seized under the provisions of this chapter, the court shall
allow the prevailing party, other than the United States, a reasonable
attorney's fee, and the United States shall be liable therefor.
``(B) In any other action or proceeding under the provisions of this
chapter, the court, when it finds that such action was without
foundation, or was initiated vexatiously, frivolously, or in bad faith,
shall allow the prevailing party, other than the United States, a
reasonable attorney's fee, and the United States shall be liable
therefor.
``(C) Only those firearms or quantities of ammunition particularly
named and individually identified as involved in or used in any
violation of the provisions of this chapter or any rule or regulation
issued thereunder, or any other criminal law of the United States or as
intended to be used in any offense referred to in paragraph (3) of this
subsection, where such intent is demonstrated by clear and convincing
evidence, shall be subject to seizure, forfeiture, and disposition.
``(D) The United States shall be liable for attorneys' fees under
this paragraph only to the extent provided in advance by appropriation
Acts.
``(3) The offenses referred to in paragraphs (1) and (2)(C) of this
subsection are--
``(A) any crime of violence, as that term is defined in
section 584(c)(3) of this title;
``(B) any offense punishable under the Controlled Substances
Act (21 U.S.C. 801 et seq.) or the Controlled Substances Import
and Export Act (21 U.S.C. 951 et seq.);
``(C) any offense described in section 582(a)(1), 582(a)(3),
582(a)(5), or 582(b)(3) of this title, where the firearm or
ammunition intended to be used in any such offense is involved
in a pattern of activities which includes a violation of any
offense described in section 582(a)(1), 582(a)(3), 582(a)(5),
or 582(b)(3) of this title;
``(D) any offense described in section 582(d) of this title
where the firearm or ammunition is intended to be used in such
offense by the transferor of such firearm or ammunition;
``(E) any offense described in section 582(i), 582(j),
582(l), 582(n), or 584(b) of this title; and
``(F) any offense which may be prosecuted in a court of the
United States which involves the exportation of firearms or
ammunition.
``(e)(1) In the case of a person who violates section 582(g) of this
title and has three previous convictions by any court referred to in
section 582(g)(1) of this title for a violent felony or a serious drug
offense, or both, committed on occasions different from one another,
such person shall be imprisoned not less than fifteen years, and,
notwithstanding any other provision of law, the court shall not suspend
the sentence of, or grant a probationary sentence to, such person with
respect to the conviction under section 582(g).
``(2) As used in this subsection--
``(A) the term `serious drug offense' means--
``(i) an offense under chapter 17 or the Maritime
Drug Law Enforcement Act (46 U.S.C. App. 1901 et seq.)
for which a maximum term of imprisonment of ten years
or more is prescribed by law; or
``(ii) an offense under State law, involving
manufacturing, distributing, or possessing with intent
to manufacture or distribute, a controlled substance
(as defined in section 102 of the Controlled Substances
Act (21 U.S.C. 802)), for which a maximum term of
imprisonment of ten years or more is prescribed by law;
``(B) the term `violent felony' means any crime punishable by
imprisonment for a term exceeding one year, or any act of
juvenile delinquency involving the use or carrying of a
firearm, knife, or destructive device that would be punishable
by imprisonment for such term if committed by an adult, that--
``(i) has as an element the use, attempted use, or
threatened use of physical force against the person of
another; or
``(ii) is burglary, arson, or extortion, involves use
of explosives, or otherwise involves conduct that
presents a serious potential risk of physical injury to
another; and
``(C) the term `conviction' includes a finding that a person
has committed an act of juvenile delinquency involving a
violent felony.
``(f) In the case of a person who knowingly violates section 582(p),
such person shall be or imprisoned not more than 5 years.
``(g) Whoever, with the intent to engage in conduct which--
``(1) constitutes an offense listed in section 1961(1),
``(2) is punishable under chapter 17 or the Maritime Drug Law
Enforcement Act (46 U.S.C. App. 1901 et seq.),
``(3) violates any State law relating to any controlled
substance (as defined in section 102(6) of the Controlled
Substances Act (21 U.S.C. 802(6))), or
``(4) constitutes a crime of violence (as defined in
subsection (c)(3)),
travels from any State or foreign country into any other State and
acquires, transfers, or attempts to acquire or transfer, a firearm in
such other State in furtherance of such purpose, shall be imprisoned
not more than 10 years.
``(h) Whoever knowingly transfers a firearm, knowing that such
firearm will be used to commit a crime of violence (as defined in
subsection (c)(3)) or drug trafficking crime (as defined in subsection
(c)(2)) shall be imprisoned not more than 10 years.
``(i)(1) A person who knowingly violates section 582(u) shall be
imprisoned not more than 10 years.
``(2) Nothing contained in this subsection shall be construed as
indicating an intent on the part of Congress to occupy the field in
which provisions of this subsection operate to the exclusion of State
laws on the same subject matter, nor shall any provision of this
subsection be construed as invalidating any provision of State law
unless such provision is inconsistent with any of the purposes of this
subsection.
``(j) A person who, in the course of a violation of subsection (c),
causes the death of a person through the use of a firearm, shall--
``(1) if the killing is a murder (as defined in section
1111), be punished by death or by imprisonment for any term of
years or for life; and
``(2) if the killing is manslaughter (as defined in section
1112), be punished as provided in that section.
``(k) A person who, with intent to engage in or to promote conduct
that--
``(1) is punishable under chapter 17 or the Maritime Drug Law
Enforcement Act (46 U.S.C. App. 1901 et seq.);
``(2) violates any law of a State relating to any controlled
substance (as defined in section 102 of the Controlled
Substances Act, 21 U.S.C. 802); or
``(3) constitutes a crime of violence (as defined in
subsection (c)(3)),
smuggles or knowingly brings into the United States a firearm, or
attempts to do so, shall be imprisoned not more than 10 years.
``(l) A person who steals any firearm which is moving as, or is a
part of, or which has moved in, interstate or foreign commerce shall be
imprisoned for not more than 10 years.
``(m) A person who steals any firearm from a licensed importer,
licensed manufacturer, licensed dealer, or licensed collector shall be
imprisoned not more than 10 years.
``(n) A person who, with the intent to engage in conduct that
constitutes a violation of section 582(a)(1)(A), travels from any State
or foreign country into any other State and acquires, or attempts to
acquire, a firearm in such other State in furtherance of such purpose
shall be imprisoned for not more than 10 years.
``(o) A person who conspires to commit an offense under subsection
(c) shall be imprisoned for not more than 20 years; and if the firearm
is a machinegun or destructive device, or is equipped with a firearm
silencer or muffler, shall be imprisoned for any term of years or life.
``(p) Penalties Relating to Secure Gun Storage or Safety Device.--
``(1) In general.--
``(A) Suspension or revocation of license; civil
penalties.--With respect to each violation of section
922(z)(1) by a licensed manufacturer, licensed
importer, or licensed dealer, the Secretary may, after
notice and opportunity for hearing--
``(i) suspend for not more than 6 months, or
revoke, the license issued to the licensee
under this chapter that was used to conduct the
firearms transfer; or
``(ii) subject the licensee to a civil
penalty in an amount equal to not more than
$2,500.
``(B) Review.--An action of the Secretary under this
paragraph may be reviewed only as provided under
section 923(f).
``(2) Administrative remedies.--The suspension or revocation
of a license or the imposition of a civil penalty under
paragraph (1) shall not preclude any administrative remedy that
is otherwise available to the Secretary.
``Sec. 585. Exceptions: Relief from disabilities
``(a)(1) The provisions of this chapter, except for sections
582(d)(9) and 582(g)(9) and provisions relating to firearms subject to
the prohibitions of section 582(p), shall not apply with respect to the
transportation, shipment, receipt, possession, or importation of any
firearm or ammunition imported for, sold or shipped to, or issued for
the use of, the United States or any department or agency thereof or
any State or any department, agency, or political subdivision thereof.
``(2) The provisions of this chapter, except for provisions relating
to firearms subject to the prohibitions of section 582(p), shall not
apply with respect to (A) the shipment or receipt of firearms or
ammunition when sold or issued by the Secretary of the Army pursuant to
section 4308 of title 10 before the repeal of such section by section
1624(a) of the Corporation for the Promotion of Rifle Practice and
Firearms Safety Act, and (B) the transportation of any such firearm or
ammunition carried out to enable a person, who lawfully received such
firearm or ammunition from the Secretary of the Army, to engage in
military training or in competitions.
``(3) Unless otherwise prohibited by this chapter, except for
provisions relating to firearms subject to the prohibitions of section
582(p), or any other Federal law, a licensed importer, licensed
manufacturer, or licensed dealer may ship to a member of the United
States Armed Forces on active duty outside the United States or to
clubs, recognized by the Department of Defense, whose entire membership
is composed of such members, and such members or clubs may receive a
firearm or ammunition determined by the Attorney General to be
generally recognized as particularly suitable for sporting purposes and
intended for the personal use of such member or club.
``(4) When established to the satisfaction of the Attorney General to
be consistent with the provisions of this chapter, except for
provisions relating to firearms subject to the prohibitions of section
582(p), and other applicable Federal and State laws and published
ordinances, the Attorney General may authorize the transportation,
shipment, receipt, or importation into the United States to the place
of residence of any member of the United States Armed Forces who is on
active duty outside the United States (or who has been on active duty
outside the United States within the 60-day period immediately
preceding the transportation, shipment, receipt, or importation), of
any firearm or ammunition which is (A) determined by the Attorney
General to be generally recognized as particularly suitable for
sporting purposes, or determined by the Department of Defense to be a
type of firearm normally classified as a war souvenir, and (B) intended
for the personal use of such member.
``(5) For the purpose of paragraph (3), the term `United States'
means each of the several States and the District of Columbia.
``(b) A licensed importer, licensed manufacturer, licensed dealer, or
licensed collector who is indicted for a crime punishable by
imprisonment for a term exceeding one year, may, notwithstanding any
other provision of this chapter, continue operation pursuant to his
existing license (if prior to the expiration of the term of the
existing license timely application is made for a new license) during
the term of such indictment and until any conviction pursuant to the
indictment becomes final.
``(c) A person who is prohibited from possessing, shipping,
transporting, or receiving firearms or ammunition may make application
to the Attorney General for relief from the disabilities imposed by
Federal laws with respect to the acquisition, receipt, transfer,
shipment, transportation, or possession of firearms, and the Attorney
General may grant such relief if it is established to his satisfaction
that the circumstances regarding the disability, and the applicant's
record and reputation, are such that the applicant will not be likely
to act in a manner dangerous to public safety and that the granting of
the relief would not be contrary to the public interest. Any person
whose application for relief from disabilities is denied by the
Attorney General may file a petition with the United States district
court for the district in which he resides for a judicial review of
such denial. The court may in its discretion admit additional evidence
where failure to do so would result in a miscarriage of justice. A
licensed importer, licensed manufacturer, licensed dealer, or licensed
collector conducting operations under this chapter, who makes
application for relief from the disabilities incurred under this
chapter, shall not be barred by such disability from further operations
under his license pending final action on an application for relief
filed pursuant to this section. Whenever the Attorney General grants
relief to any person pursuant to this section he shall promptly publish
in the Federal Register notice of such action, together with the
reasons therefor.
``(d) The Attorney General shall authorize a firearm or ammunition to
be imported or brought into the United States or any possession thereof
if the firearm or ammunition--
``(1) is being imported or brought in for scientific or
research purposes, or is for use in connection with competition
or training pursuant to chapter 401 of title 10;
``(2) is an unserviceable firearm, other than a machinegun as
defined in section 5845(b) of the Internal Revenue Code of 1986
(not readily restorable to firing condition), imported or
brought in as a curio or museum piece;
``(3) is of a type that does not fall within the definition
of a firearm as defined in section 5845(a) of the Internal
Revenue Code of 1986 and is generally recognized as
particularly suitable for or readily adaptable to sporting
purposes, excluding surplus military firearms, except in any
case where the Attorney General has not authorized the
importation of the firearm pursuant to this paragraph, it shall
be unlawful to import any frame, receiver, or barrel of such
firearm which would be prohibited if assembled; or
``(4) was previously taken out of the United States or a
possession by the person who is bringing in the firearm or
ammunition.
The Attorney General shall permit the conditional importation or
bringing in of a firearm or ammunition for examination and testing in
connection with the making of a determination as to whether the
importation or bringing in of such firearm or ammunition will be
allowed under this subsection.
``(e) Notwithstanding any other provision of this title, the Attorney
General shall authorize the importation of, by any licensed importer,
the following:
``(1) All rifles and shotguns listed as curios or relics by
the Attorney General pursuant to section 581(11), and
``(2) All handguns, listed as curios or relics by the
Attorney General pursuant to section 581(11), provided that
such handguns are generally recognized as particularly suitable
for or readily adaptable to sporting purposes.
``(f) The Attorney General shall not authorize, under subsection (d),
the importation of any firearm the importation of which is prohibited
by section 582(p).
``Sec. 586. Remedy for erroneous denial of firearm
``Any person denied a firearm pursuant to subsection (s) or (t) of
section 582--
``(1) due to the provision of erroneous information relating
to the person by any State or political subdivision thereof, or
by the national instant criminal background check system
established under section 103 of the Brady Handgun Violence
Prevention Act; or
``(2) who was not prohibited from receipt of a firearm
pursuant to subsection (g) or (n) of section 582,
may bring an action against the State or political subdivision
responsible for providing the erroneous information, or responsible for
denying the transfer, or against the United States, as the case may be,
for an order directing that the erroneous information be corrected or
that the transfer be approved, as the case may be. In any action under
this section, the court, in its discretion, may allow the prevailing
party a reasonable attorney's fee as part of the costs.
``Sec. 587. Rules and regulations
``(a) The Attorney General may prescribe only such rules and
regulations as are necessary to carry out the provisions of this
chapter, including--
``(1) regulations providing that a person licensed under this
chapter, when dealing with another person so licensed, shall
provide such other licensed person a certified copy of this
license;
``(2) regulations providing for the issuance, at a reasonable
cost, to a person licensed under this chapter, of certified
copies of his license for use as provided under regulations
issued under paragraph (1) of this subsection; and
``(3) regulations providing for effective receipt and secure
storage of firearms relinquished by or seized from persons
described in subsection (d)(8) or (g)(8) of section 582.
No such rule or regulation prescribed after the date of the enactment
of the Firearms Owners' Protection Act may require that records
required to be maintained under this chapter or any portion of the
contents of such records, be recorded at or transferred to a facility
owned, managed, or controlled by the United States or any State or any
political subdivision thereof, nor that any system of registration of
firearms, firearms owners, or firearms transactions or dispositions be
established. Nothing in this section expands or restricts the Attorney
General's authority to inquire into the disposition of any firearm in
the course of a criminal investigation.
``(b) The Attorney General shall give not less than ninety days
public notice, and shall afford interested parties opportunity for
hearing, before prescribing such rules and regulations.
``(c) The Attorney General shall not prescribe rules or regulations
that require purchasers of black powder under the exemption provided in
section 615 to complete affidavits or forms attesting to that
exemption.
``Sec. 588. Interstate transportation of firearms
``Notwithstanding any other provision of any law or any rule or
regulation of a State or any political subdivision thereof, any person
who is not otherwise prohibited by this chapter from transporting,
shipping, or receiving a firearm shall be entitled to transport a
firearm for any lawful purpose from any place where he may lawfully
possess and carry such firearm to any other place where he may lawfully
possess and carry such firearm if, during such transportation the
firearm is unloaded, and neither the firearm nor any ammunition being
transported is readily accessible or is directly accessible from the
passenger compartment of such transporting vehicle: Provided, That in
the case of a vehicle without a compartment separate from the driver's
compartment the firearm or ammunition shall be contained in a locked
container other than the glove compartment or console.
``Sec. 589. Carrying of concealed firearms by qualified law enforcement
officers
``(a) Notwithstanding any other provision of the law of any State or
any political subdivision thereof, an individual who is a qualified law
enforcement officer and who is carrying the identification required by
subsection (d) may carry a concealed firearm that has been shipped or
transported in interstate or foreign commerce, subject to subsection
(b).
``(b) This section shall not be construed to supersede or limit the
laws of any State that--
``(1) permit private persons or entities to prohibit or
restrict the possession of concealed firearms on their
property; or
``(2) prohibit or restrict the possession of firearms on any
State or local government property, installation, building,
base, or park.
``(c) As used in this section, the term `qualified law enforcement
officer' means an employee of a governmental agency who--
``(1) is authorized by law to engage in or supervise the
prevention, detection, investigation, or prosecution of, or the
incarceration of any person for, any violation of law, and has
statutory powers of arrest;
``(2) is authorized by the agency to carry a firearm;
``(3) is not the subject of any disciplinary action by the
agency;
``(4) meets standards, if any, established by the agency
which require the employee to regularly qualify in the use of a
firearm;
``(5) is not under the influence of alcohol or another
intoxicating or hallucinatory drug or substance; and
``(6) is not prohibited by Federal law from receiving a
firearm.
``(d) The identification required by this subsection is the
photographic identification issued by the governmental agency for which
the individual is employed as a law enforcement officer.
``(e) As used in this section, the term `firearm' does not include--
``(1) any machinegun (as defined in section 5845 of the
National Firearms Act);
``(2) any firearm silencer (as defined in section 581 of this
title); and
``(3) any destructive device (as defined in section 581 of
this title).
``Sec. 590. Carrying of concealed firearms by qualified retired law
enforcement officers
``(a) Notwithstanding any other provision of the law of any State or
any political subdivision thereof, an individual who is a qualified
retired law enforcement officer and who is carrying the identification
required by subsection (d) may carry a concealed firearm that has been
shipped or transported in interstate or foreign commerce, subject to
subsection (b).
``(b) This section shall not be construed to supersede or limit the
laws of any State that--
``(1) permit private persons or entities to prohibit or
restrict the possession of concealed firearms on their
property; or
``(2) prohibit or restrict the possession of firearms on any
State or local government property, installation, building,
base, or park.
``(c) As used in this section, the term `qualified retired law
enforcement officer' means an individual who--
``(1) retired in good standing from service with a public
agency as a law enforcement officer, other than for reasons of
mental instability;
``(2) before such retirement, was authorized by law to engage
in or supervise the prevention, detection, investigation, or
prosecution of, or the incarceration of any person for, any
violation of law, and had statutory powers of arrest;
``(3)(A) before such retirement, was regularly employed as a
law enforcement officer for an aggregate of 15 years or more;
or
``(B) retired from service with such agency, after completing
any applicable probationary period of such service, due to a
service-connected disability, as determined by such agency;
``(4) has a nonforfeitable right to benefits under the
retirement plan of the agency;
``(5) during the most recent 12-month period, has met, at the
expense of the individual, the State's standards for training
and qualification for active law enforcement officers to carry
firearms;
``(6) is not under the influence of alcohol or another
intoxicating or hallucinatory drug or substance; and
``(7) is not prohibited by Federal law from receiving a
firearm.
``(d) The identification required by this subsection is--
``(1) a photographic identification issued by the agency from
which the individual retired from service as a law enforcement
officer that indicates that the individual has, not less
recently than one year before the date the individual is
carrying the concealed firearm, been tested or otherwise found
by the agency to meet the standards established by the agency
for training and qualification for active law enforcement
officers to carry a firearm of the same type as the concealed
firearm; or
``(2)(A) a photographic identification issued by the agency
from which the individual retired from service as a law
enforcement officer; and
``(B) a certification issued by the State in which the
individual resides that indicates that the individual has, not
less recently than one year before the date the individual is
carrying the concealed firearm, been tested or otherwise found
by the State to meet the standards established by the State for
training and qualification for active law enforcement officers
to carry a firearm of the same type as the concealed firearm.
``(e) As used in this section, the term `firearm' does not include--
``(1) any machinegun (as defined in section 5845 of the
National Firearms Act);
``(2) any firearm silencer (as defined in section 581 of this
title); and
``(3) a destructive device (as defined in section 581 of this
title).
``Sec. 591. Effect on State law
``No provision of this subchapter shall be construed as indicating an
intent on the part of the Congress to occupy the field in which such
provision operates to the exclusion of the law of any State on the same
subject matter, unless there is a direct and positive conflict between
such provision and the law of the State so that the two cannot be
reconciled or consistently stand together.
``Sec. 592. Use of restricted ammunition
``(a)(1) Whoever, during and in relation to the commission of a crime
of violence or drug trafficking crime (including a crime of violence or
drug trafficking crime which provides for an enhanced punishment if
committed by the use of a deadly or dangerous weapon or device) for
which he may be prosecuted in a court of the United States, uses or
carries a firearm and is in possession of armor piercing ammunition
capable of being fired in that firearm, shall, in addition to the
punishment provided for the commission of such crime of violence or
drug trafficking crime be sentenced to a term of imprisonment for not
less than five years.
``(2) For purposes of this subsection, the term `drug trafficking
crime' means any felony punishable under the Controlled Substances Act
(21 U.S.C. 801 et seq.), the Controlled Substances Import and Export
Act (21 U.S.C. 951 et seq.), or the Maritime Drug Law Enforcement Act
(46 U.S.C. App. 1901 et seq.).
``(b) Notwithstanding any other provision of law, the court shall not
suspend the sentence of any person convicted of a violation of this
section, nor place the person on probation, nor shall the terms of
imprisonment run concurrently with any other terms of imprisonment,
including that imposed for the crime in which the armor piercing
ammunition was used or possessed.
``Sec. 593. Possession of firearms and dangerous weapons in Federal
facilities
``(a) Except as provided in subsection (d), whoever knowingly
possesses or causes to be present a firearm or other dangerous weapon
in a Federal facility (other than a Federal court facility), or
attempts to do so, shall be imprisoned not more than 1 year.
``(b) Whoever, with intent that a firearm or other dangerous weapon
be used in the commission of a crime, knowingly possesses or causes to
be present such firearm or dangerous weapon in a Federal facility, or
attempts to do so, shall be imprisoned not more than 5 years.
``(c) A person who kills any person in the course of a violation of
subsection (a) or (b), or in the course of an attack on a Federal
facility involving the use of a firearm or other dangerous weapon shall
be punished as provided in subchapter A of chapter 10.
``(d) Subsection (a) shall not apply to--
``(1) the lawful performance of official duties by an
officer, agent, or employee of the United States, a State, or a
political subdivision thereof, who is authorized by law to
engage in or supervise the prevention, detection,
investigation, or prosecution of any violation of law;
``(2) the possession of a firearm or other dangerous weapon
by a Federal official or a member of the Armed Forces if such
possession is authorized by law; or
``(3) the lawful carrying of firearms or other dangerous
weapons in a Federal facility incident to hunting or other
lawful purposes.
``(e)(1) Except as provided in paragraph (2), whoever knowingly
possesses or causes to be present a firearm in a Federal court
facility, or attempts to do so, shall be imprisoned not more than 2
years.
``(2) Paragraph (1) shall not apply to conduct which is described in
paragraph (1) or (2) of subsection (d).
``(f) Nothing in this section limits the power of a court of the
United States to punish for contempt or to promulgate rules or orders
regulating, restricting, or prohibiting the possession of weapons
within any building housing such court or any of its proceedings, or
upon any grounds appurtenant to such building.
``(g) As used in this section:
``(1) The term `Federal facility' means a building or part
thereof owned or leased by the Federal Government, where
Federal employees are regularly present for the purpose of
performing their official duties.
``(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, except that such term does not include a pocket
knife with a blade of less than 2 1/2 inches in length.
``(3) The term `Federal court facility' means the courtroom,
judges' chambers, witness rooms, jury deliberation rooms,
attorney conference rooms, prisoner holding cells, offices of
the court clerks, the United States attorney, and the United
States marshal, probation and parole offices, and adjoining
corridors of any court of the United States.
``(h) Notice of the provisions of subsections (a) and (b) shall be
posted conspicuously at each public entrance to each Federal facility,
and notice of subsection (e) shall be posted conspicuously at each
public entrance to each Federal court facility, and no person shall be
convicted of an offense under subsection (a) or (e) with respect to a
Federal facility if such notice is not so posted at such facility,
unless such person had actual notice of subsection (a) or (e), as the
case may be.
``Sec. 594. Prohibition on purchase, ownership, or possession of body
armor by violent felons
``(a) In General.--Except as provided in subsection (b), it shall be
unlawful for a person to purchase, own, or possess body armor, if that
person has been convicted of a felony that is--
``(1) a crime of violence; or
``(2) an offense under State law that would constitute a
crime of violence under paragraph (1) if it occurred within the
special maritime and territorial jurisdiction of the United
States.
``(b) Affirmative Defense.--
``(1) In general.--It shall be an affirmative defense under
this section that--
``(A) the defendant obtained prior written
certification from his or her employer that the
defendant's purchase, use, or possession of body armor
was necessary for the safe performance of lawful
business activity; and
``(B) the use and possession by the defendant were
limited to the course of such performance.
``(2) Employer.--In this subsection, the term `employer'
means any other individual employed by the defendant's business
that supervises defendant's activity. If that defendant has no
supervisor, prior written certification is acceptable from any
other employee of the business.
``SUBCHAPTER C--EXPLOSIVES
``Sec.
``601. Prohibited transactions involving nuclear materials.
``Sec. 601. 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) 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;
``(4) intentionally intimidates any person and thereby
obtains nuclear material or nuclear byproduct material
belonging to another;
``(5) 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;
``(6) 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;
``(7) attempts to commit an offense under paragraph (1), (2),
(3), or (4) of this subsection; or
``(8) is a party to a conspiracy of two or more persons to
commit an offense under paragraph (1), (2), (3), or (4) 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 (7) 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 (8) 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
``(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; or
``(5) either--
``(A) the governmental entity under subsection (a)(5)
is the United States; or
``(B) the threat under subsection (a)(6) is directed
at the United States.
``(d) 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.
``(e)(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.
``(f) 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; and
``(4) 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 of the United
States.
``SUBCHAPTER D--IMPORTATION, MANUFACTURE, DISTRIBUTION, AND STORAGE OF
EXPLOSIVE MATERIALS
``Sec.
``611. Definitions.
``612. Unlawful acts.
``613. Licenses and user permits.
``614. Penalties.
``615. Exceptions; relief from disabilities.
``616. Additional powers of the Attorney General.
``617. Rules and regulations.
``618. Effect on State law.
``Sec. 611. Definitions
``In this subchapter the following definitions apply:
``(1) The term `explosive materials' means explosives,
blasting agents, and detonators.
``(2) Except for the purposes of subsections (d), (e), (f),
(g), (h), (i), and (j) of section 614, the term `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 614,
the term `explosive' is defined in subsection (j) of such
section 614.
``(3) The term `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.
``(4) The term `detonator' means any device containing a
detonating charge that is used for initiating detonation in an
explosive; the term includes electric blasting caps of
instantaneous and delay types, blasting caps for use with
safety fuses and detonating-cord delay connectors.
``(5) The term `importer' means any person engaged in the
business of importing or bringing explosive materials into the
United States for purposes of sale or distribution.
``(6) The term `manufacturer' means any person engaged in the
business of manufacturing explosive materials for purposes of
sale or distribution or for that person's own use.
``(7) The term `dealer' means any person engaged in the
business of distributing explosive materials at wholesale or
retail.
``(8) The term `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.
``(9) The term `Attorney General' means the Attorney General
of the United States.
``(10) The term `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.
``(11) The term `crime punishable by imprisonment for a term
exceeding one year' shall not mean (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 as the
Attorney General may by regulation designate, or (B) 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.
``(12) The term `licensee' means any importer, manufacturer,
or dealer licensed under the provisions of this chapter.
``(13) The term `distribute' means sell, issue, give,
transfer, or otherwise dispose of.
``(14) The term `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.
``(15) The term `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--
``(A) Ethylene glycol dinitrate (EGDN),
C<INF>2</INF>H<INF>4</INF>(NO<INF>3</INF>)<INF>2</INF>,
molecular weight 152, when the minimum concentration in
the finished explosive is 0.2 percent by mass;
``(B) 2,3-Dimethyl-2,3-dinitrobutane (DMNB);
``(C) Para-Mononitrotoluene (p-MNT);
C<INF>7</INF>H<INF>7</INF>NO<INF>2</INF>, molecular
weight 137, when the minimum concentration in the
finished explosive is 0.5 percent by mass;
``(D) Ortho-Mononitrotoluene (o-MNT),
C<INF>7</INF>H<INF>7</INF>NO<INF>2</INF>, molecular weight 137,
when the minimum concentration in the finished explosive is 0.5
percent by mass; and
``(E) 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.
``(16) The term `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-<SUP>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.
``(17) The term `alien' means any person who is not a citizen
or national of the United States.
``(18) The term `responsible person' means an individual who
has the power to direct the management and policies of the
applicant pertaining to explosive materials.
``Sec. 612. Unlawful acts
``(a) It shall be unlawful for any person--
``(1) to engage in the business of importing, manufacturing,
or dealing in explosive materials without a license issued
under this chapter;
``(2) knowingly to withhold information or to make any false
or fictitious oral or written statement or to furnish or
exhibit any false, fictitious, or misrepresented
identification, intended or likely to deceive for the purpose
of obtaining explosive materials, or a license, permit,
exemption, or relief from disability under the provisions of
this chapter;
``(3) other than a licensee or permittee knowingly--
``(A) to transport, ship, cause to be transported, or
receive any explosive materials; or
``(B) to distribute explosive materials to any person
other than a licensee or permittee; or
``(4) who is a holder of a limited permit--
``(A) to transport, ship, cause to be transported, or
receive in interstate or foreign commerce any explosive
materials; or
``(B) to receive explosive materials from a licensee
or permittee, whose premises are located outside the
State of residence of the limited permit holder, or on
more than 6 separate occasions, during the period of
the permit, to receive explosive materials from 1 or
more licensees or permittees whose premises are located
within the State of residence of the limited permit
holder.
``(b) It shall be unlawful for any licensee or permittee to knowingly
distribute any explosive materials to any person other than--
``(1) a licensee;
``(2) a holder of a user permit; or
``(3) a holder of a limited permit who is a resident of the
State where distribution is made and in which the premises of
the transferor are located.
``(c) It shall be unlawful for any licensee to distribute explosive
materials to any person who the licensee has reason to believe intends
to transport such explosive materials into a State where the purchase,
possession, or use of explosive materials is prohibited or which does
not permit its residents to transport or ship explosive materials into
it or to receive explosive materials in it.
``(d) It shall be unlawful for any person knowingly to distribute
explosive materials to any individual who--
``(1) is under twenty-one years of age;
``(2) has been convicted in any court of a crime punishable
by imprisonment for a term exceeding one year;
``(3) is under indictment for a crime punishable by
imprisonment for a term exceeding one year;
``(4) is a fugitive from justice;
``(5) is an unlawful user of or addicted to any controlled
substance (as defined in section 102 of the Controlled
Substances Act (21 U.S.C. 802));
``(6) has been adjudicated a mental defective or who has been
committed to a mental institution;
``(7) is an alien, other than an alien who--
``(A) is lawfully admitted for permanent residence
(as defined in section 101(a)(20) of the Immigration
and Nationality Act);
``(B) is in lawful nonimmigrant status, is a refugee
admitted under section 207 of the Immigration and
Nationality Act (8 U.S.C. 1157), or is in asylum status
under section 208 of the Immigration and Nationality
Act (8 U.S.C. 1158), and--
``(i) is a foreign law enforcement officer of
a friendly foreign government, as determined by
the Attorney General in consultation with the
Secretary of State, entering the United States
on official law enforcement business, and the
shipping, transporting, possession, or receipt
of explosive materials is in furtherance of
this official law enforcement business; or
``(ii) is a person having the power to direct
or cause the direction of the management and
policies of a corporation, partnership, or
association licensed pursuant to section
843(a), and the shipping, transporting,
possession, or receipt of explosive materials
is in furtherance of such power;
``(C) is a member of a North Atlantic Treaty
Organization (NATO) or other friendly foreign military
force, as determined by the Attorney General in
consultation with the Secretary of Defense, who is
present in the United States under military orders for
training or other military purpose authorized by the
United States and the shipping, transporting,
possession, or receipt of explosive materials is in
furtherance of the authorized military purpose; or
``(D) is lawfully present in the United States in
cooperation with the Director of Central Intelligence,
and the shipment, transportation, receipt, or
possession of the explosive materials is in furtherance
of such cooperation;
``(8) has been discharged from the armed forces under
dishonorable conditions; or
``(9) having been a citizen of the United States, has
renounced the citizenship of that person.
``(e) It shall be unlawful for any licensee knowingly to distribute
any explosive materials to any person in any State where the purchase,
possession, or use by such person of such explosive materials would be
in violation of any State law or any published ordinance applicable at
the place of distribution.
``(f) It shall be unlawful for any licensee or permittee willfully to
manufacture, import, purchase, distribute, or receive explosive
materials without making such records as the Attorney General may by
regulation require, including, but not limited to, a statement of
intended use, the name, date, place of birth, social security number or
taxpayer identification number, and place of residence of any natural
person to whom explosive materials are distributed. If explosive
materials are distributed to a corporation or other business entity,
such records shall include the identity and principal and local places
of business and the name, date, place of birth, and place of residence
of the natural person acting as agent of the corporation or other
business entity in arranging the distribution.
``(g) It shall be unlawful for any licensee or permittee knowingly to
make any false entry in any record which he is required to keep
pursuant to this section or regulations promulgated under section 617.
``(h) It shall be unlawful for any person to receive, possess,
transport, ship, conceal, store, barter, sell, dispose of, or pledge or
accept as security for a loan, any stolen explosive materials which are
moving as, which are part of, which constitute, or which have been
shipped or transported in, interstate or foreign commerce, either
before or after such materials were stolen, knowing or having
reasonable cause to believe that the explosive materials were stolen.
``(i) It shall be unlawful for any person--
``(1) who is under indictment for, or who has been convicted
in any court of, a crime punishable by imprisonment for a term
exceeding one year;
``(2) who is a fugitive from justice;
``(3) who is an unlawful user of or addicted to any
controlled substance (as defined in section 102 of the
Controlled Substances Act (21 U.S.C. 802));
``(4) who has been adjudicated as a mental defective or who
has been committed to a mental institution;
``(5) who is an alien, other than an alien who--
``(A) is lawfully admitted for permanent residence
(as that term is defined in section 101(a)(20) of the
Immigration and Nationality Act);
``(B) is in lawful nonimmigrant status, is a refugee
admitted under section 207 of the Immigration and
Nationality Act (8 U.S.C. 1157), or is in asylum status
under section 208 of the Immigration and Nationality
Act (8 U.S.C. 1158), and--
``(i) is a foreign law enforcement officer of
a friendly foreign government, as determined by
the Attorney General in consultation with the
Secretary of State, entering the United States
on official law enforcement business, and the
shipping, transporting, possession, or receipt
of explosive materials is in furtherance of
this official law enforcement business; or
``(ii) is a person having the power to direct
or cause the direction of the management and
policies of a corporation, partnership, or
association licensed pursuant to section
843(a), and the shipping, transporting,
possession, or receipt of explosive materials
is in furtherance of such power;
``(C) is a member of a North Atlantic Treaty
Organization (NATO) or other friendly foreign military
force, as determined by the Attorney General in
consultation with the Secretary of Defense, who is
present in the United States under military orders for
training or other military purpose authorized by the
United States and the shipping, transporting,
possession, or receipt of explosive materials is in
furtherance of the authorized military purpose; or
``(D) is lawfully present in the United States in
cooperation with the Director of Central Intelligence,
and the shipment, transportation, receipt, or
possession of the explosive materials is in furtherance
of such cooperation;
``(6) who has been discharged from the armed forces under
dishonorable conditions; or
``(7) who, having been a citizen of the United States, has
renounced the citizenship of that person.
``(j) It shall be unlawful for any person to store any explosive
material in a manner not in conformity with regulations promulgated by
the Attorney General. In promulgating such regulations, the Attorney
General shall take into consideration the class, type, and quantity of
explosive materials to be stored, as well as the standards of safety
and security recognized in the explosives industry.
``(k) It shall be unlawful for any person who has knowledge of the
theft or loss of any explosive materials from his stock, to fail to
report such theft or loss within twenty-four hours of discovery
thereof, to the Attorney General and to appropriate local authorities.
``(l) It shall be unlawful for any person to manufacture any plastic
explosive that does not contain a detection agent.
``(m)(1) It shall be unlawful for any person to import or bring into
the United States, or export from the United States, any plastic
explosive that does not contain a detection agent.
``(2) This subsection does not apply to the importation or bringing
into the United States, or the exportation from the United States, of
any plastic explosive that was imported or brought into, or
manufactured in the United States prior to the date of enactment of
this subsection by or on behalf of any agency of the United States
performing military or police functions (including any military reserve
component) or by or on behalf of the National Guard of any State, not
later than 15 years after the date of entry into force of the
Convention on the Marking of Plastic Explosives, with respect to the
United States.
``(n)(1) It shall be unlawful for any person to ship, transport,
transfer, receive, or possess any plastic explosive that does not
contain a detection agent.
``(2) This subsection does not apply to--
``(A) the shipment, transportation, transfer, receipt, or
possession of any plastic explosive that was imported or
brought into, or manufactured in the United States prior to the
date of enactment of this subsection by any person during the
period beginning on that date and ending 3 years after that
date of enactment; or
``(B) the shipment, transportation, transfer, receipt, or
possession of any plastic explosive that was imported or
brought into, or manufactured in the United States prior to the
date of enactment of this subsection by or on behalf of any
agency of the United States performing a military or police
function (including any military reserve component) or by or on
behalf of the National Guard of any State, not later than 15
years after the date of entry into force of the Convention on
the Marking of Plastic Explosives, with respect to the United
States.
``(o) It shall be unlawful for any person, other than an agency of
the United States (including any military reserve component) or the
National Guard of any State, possessing any plastic explosive on the
date of enactment of this subsection, to fail to report to the Attorney
General within 120 days after such date of enactment the quantity of
such explosives possessed, the manufacturer or importer, any marks of
identification on such explosives, and such other information as the
Attorney General may prescribe by regulation.
``(p) Distribution of Information Relating to Explosives, Destructive
Devices, and Weapons of Mass Destruction.--
``(1) Definitions.--In this subsection--
``(A) the term `destructive device' has the same
meaning as in section 581;
``(B) the term `explosive' has the same meaning as in
section 614; and
``(C) the term `weapon of mass destruction' has the
same meaning as in section 271.
``(2) Prohibition.--It shall be unlawful for any person--
``(A) to teach or demonstrate the making or use of an
explosive, a destructive device, or a weapon of mass
destruction, or to distribute by any means information
pertaining to, in whole or in part, the manufacture or
use of an explosive, destructive device, or weapon of
mass destruction, with the intent that the teaching,
demonstration, or information be used for, or in
furtherance of, an activity that constitutes a Federal
crime of violence; or
``(B) to teach or demonstrate to any person the
making or use of an explosive, a destructive device, or
a weapon of mass destruction, or to distribute to any
person, by any means, information pertaining to, in
whole or in part, the manufacture or use of an
explosive, destructive device, or weapon of mass
destruction, knowing that such person intends to use
the teaching, demonstration, or information for, or in
furtherance of, an activity that constitutes a Federal
crime of violence.
``Sec. 613. Licenses and user permits
``(a) An application for a user permit or limited permit or a license
to import, manufacture, or deal in explosive materials shall be in such
form and contain such information as the Attorney General shall by
regulation prescribe, including the names of and appropriate
identifying information regarding all employees who will be authorized
by the applicant to possess explosive materials, as well as
fingerprints and a photograph of each responsible person. Each
applicant for a license or permit shall pay a fee to be charged as set
by the Attorney General, said fee not to exceed $50 for a limited
permit and $200 for any other license or permit. Each license or user
permit shall be valid for not longer than 3 years from the date of
issuance and each limited permit shall be valid for not longer than 1
year from the date of issuance. Each license or permit shall be
renewable upon the same conditions and subject to the same restrictions
as the original license or permit, and upon payment of a renewal fee
not to exceed one-half of the original fee.
``(b) Upon the filing of a proper application and payment of the
prescribed fee, and subject to the provisions of this chapter and other
applicable laws, the Attorney General shall issue to such applicant the
appropriate license or permit if--
``(1) the applicant (or, if the applicant is a corporation,
partnership, or association, each responsible person with
respect to the applicant) is not a person described in section
612(i);
``(2) the applicant has not willfully violated any of the
provisions of this chapter or regulations issued hereunder;
``(3) the applicant has in a State premises from which he
conducts or intends to conduct business;
``(4)(A) the Secretary verifies by inspection or, if the
application is for an original limited permit or the first or
second renewal of such a permit, by such other means as the
Attorney General determines appropriate, that the applicant has
a place of storage for explosive materials which meets such
standards of public safety and security against theft as the
Attorney General by regulations shall prescribe; and
``(B) subparagraph (A) shall not apply to an applicant for
the renewal of a limited permit if the Secretary has verified,
by inspection within the preceding 3 years, the matters
described in subparagraph (A) with respect to the applicant;
``(5) the applicant has demonstrated and certified in writing
that he is familiar with all published State laws and local
ordinances relating to explosive materials for the location in
which he intends to do business;
``(6) none of the employees of the applicant who will be
authorized by the applicant to possess explosive materials is
any person described in section 612(i); and
``(7) in the case of a limited permit, the applicant has
certified in writing that the applicant will not receive
explosive materials on more than 6 separate occasions during
the 12-month period for which the limited permit is valid.
``(c) The Attorney General shall approve or deny an application
within a period of 90 days for licenses and permits, beginning on the
date such application is received by the Attorney General.
``(d) The Attorney General may revoke any license or permit issued
under this section if in the opinion of the Attorney General the holder
thereof has violated any provision of this chapter or any rule or
regulation prescribed by the Attorney General under this chapter, or
has become ineligible to acquire explosive materials under section
612(d). The Attorney General's action under this subsection may be
reviewed only as provided in subsection (e)(2) of this section.
``(e)(1) Any person whose application is denied or whose license or
permit is revoked shall receive a written notice from the Attorney
General stating the specific grounds upon which such denial or
revocation is based. Any notice of a revocation of a license or permit
shall be given to the holder of such license or permit prior to or
concurrently with the effective date of the revocation.
``(2) If the Attorney General denies an application for, or revokes a
license, or permit, he shall, upon request by the aggrieved party,
promptly hold a hearing to review his denial or revocation. In the case
of a revocation, the Attorney General may upon a request of the holder
stay the effective date of the revocation. A hearing under this section
shall be at a location convenient to the aggrieved party. The Attorney
General shall give written notice of his decision to the aggrieved
party within a reasonable time after the hearing. The aggrieved party
may, within sixty days after receipt of the Secretary's written
decision, file a petition with the United States court of appeals for
the district in which he resides or has his principal place of business
for a judicial review of such denial or revocation, pursuant to
sections 701 through 706 of title 5.
``(f) Licensees and holders of user permits shall make available for
inspection at all reasonable times their records kept pursuant to this
chapter or the regulations issued hereunder, and licensees and
permittees shall submit to the Attorney General such reports and
information with respect to such records and the contents thereof as he
shall by regulations prescribe. The Attorney General may enter during
business hours the premises (including places of storage) of any
licensee or holder of a user permit, for the purpose of inspecting or
examining (1) any records or documents required to be kept by such
licensee or permittee, under the provisions of this chapter or
regulations issued hereunder, and (2) any explosive materials kept or
stored by such licensee or permittee at such premises. Upon the request
of any State or any political subdivision thereof, the Attorney General
may make available to such State or any political subdivision thereof,
any information which he may obtain by reason of the provisions of this
chapter with respect to the identification of persons within such State
or political subdivision thereof, who have purchased or received
explosive materials, together with a description of such explosive
materials. The Attorney General may inspect the places of storage for
explosive materials of an applicant for a limited permit or, at the
time of renewal of such permit, a holder of a limited permit, only as
provided in subsection (b)(4).
``(g) Licenses and user permits issued under the provisions of
subsection (b) of this section shall be kept posted and kept available
for inspection on the premises covered by the license and permit.
``(h)(1) If the Attorney General receives, from an employer, the name
and other identifying information of a responsible person or an
employee who will be authorized by the employer to possess explosive
materials in the course of employment with the employer, the Secretary
shall determine whether the responsible person or employee is one of
the persons described in any paragraph of section 612(i). In making the
determination, the Attorney General may take into account a letter or
document issued under paragraph (2).
``(2)(A) If the Attorney General determines that the responsible
person or the employee is not one of the persons described in any
paragraph of section 612(i), the Attorney General shall notify the
employer in writing or electronically of the determination and issue,
to the responsible person or employee, a letter of clearance, which
confirms the determination.
``(B) If the Attorney General determines that the responsible person
or employee is one of the persons described in any paragraph of section
612(i), the Attorney General shall notify the employer in writing or
electronically of the determination and issue to the responsible person
or the employee, as the case may be, a document that--
``(i) confirms the determination;
``(ii) explains the grounds for the determination;
``(iii) provides information on how the disability may be
relieved; and
``(iv) explains how the determination may be appealed.
``(i) Furnishing of Samples.--
``(1) In general-Licensed manufacturers and licensed
importers and persons who manufacture or import explosive
materials or ammonium nitrate shall, when required by letter
issued by the Secretary, furnish--
``(A) samples of such explosive materials or ammonium
nitrate;
``(B) information on chemical composition of those
products; and
``(C) any other information that the Secretary
determines is relevant to the identification of the
explosive materials or to identification of the
ammonium nitrate.
``(2) Reimbursement.--The Attorney General shall, by
regulation, authorize reimbursement of the fair market value of
samples furnished pursuant to this subsection, as well as the
reasonable costs of shipment.
``Sec. 614. Penalties
``(a) Any person--
``(1) who violates any of subsections (a) through (i) or (l)
through (o) of section 614 shall be imprisoned for not more
than 10 years; and
``(2) violates subsection (p)(2) of section 612, shall be imprisoned
not more than 20 years.
``(b) Whoever violates any other provision of section 612 of this
chapter shall be imprisoned not more than one year.
``(c)(1) Any explosive materials involved or used or intended to be
used in any violation of the provisions of this chapter or any other
rule or regulation promulgated thereunder or any violation of any
criminal law of the United States shall be subject to seizure and
forfeiture, and all provisions of the Internal Revenue Code of 1986
relating to the seizure, forfeiture, and disposition of firearms, as
defined in section 5845(a) of that Code, shall, so far as applicable,
extend to seizures and forfeitures under the provisions of this
chapter.
``(2) Notwithstanding paragraph (1), in the case of the seizure of
any explosive materials for any offense for which the materials would
be subject to forfeiture in which it would be impracticable or unsafe
to remove the materials to a place of storage or would be unsafe to
store them, the seizing officer may destroy the explosive materials
forthwith. Any destruction under this paragraph shall be in the
presence of at least 1 credible witness. The seizing officer shall make
a report of the seizure and take samples as the Attorney General may by
regulation prescribe.
``(3) Within 60 days after any destruction made pursuant to paragraph
(2), the owner of (including any person having an interest in) the
property so destroyed may make application to the Attorney General for
reimbursement of the value of the property. If the claimant establishes
to the satisfaction of the Attorney General that--
``(A) the property has not been used or involved in a
violation of law; or
``(B) any unlawful involvement or use of the property was
without the claimant's knowledge, consent, or willful
blindness,
the Attorney General shall make an allowance to the claimant not
exceeding the value of the property destroyed.
``(d) Whoever transports or receives, or attempts to transport or
receive, in interstate or foreign commerce any explosive with the
knowledge or intent that it will be used to kill, injure, or intimidate
any individual or unlawfully to damage or destroy any building,
vehicle, or other real or personal property, shall be imprisoned for
not more than ten years; and if personal injury results to any person,
including any public safety officer performing duties as a direct or
proximate result of conduct prohibited by this subsection, shall be
imprisoned for not more than twenty years; and if death results to any
person, including any public safety officer performing duties as a
direct or proximate result of conduct prohibited by this subsection,
shall be subject to imprisonment for any term of years, or to the death
penalty or to life imprisonment.
``(e) Whoever, through the use of the mail, telephone, telegraph, or
other instrument of interstate or foreign commerce, or in or affecting
interstate or foreign commerce, willfully makes any threat, or
maliciously conveys false information knowing the same to be false,
concerning an attempt or alleged attempt being made, or to be made, to
kill, injure, or intimidate any individual or unlawfully to damage or
destroy any building, vehicle, or other real or personal property by
means of fire or an explosive shall be imprisoned for not more than 10
years.
``(f)(1) Whoever maliciously damages or destroys, or attempts to
damage or destroy, by means of fire or an explosive, any building,
vehicle, or other personal or real property in whole or in part owned
or possessed by, or leased to, the United States, or any department or
agency thereof, or any institution or organization receiving Federal
financial assistance, shall be imprisoned for not less than 5 years and
not more than 20 years.
``(2) Whoever engages in conduct prohibited by this subsection, and
as a result of such conduct, directly or proximately causes personal
injury or creates a substantial risk of injury to any person, including
any public safety officer performing duties, shall be imprisoned for
not less than 7 years and not more than 40 years.
``(3) Whoever engages in conduct prohibited by this subsection, and
as a result of such conduct directly or proximately causes the death of
any person, including any public safety officer performing duties,
shall be subject to the death penalty, or imprisoned for not less than
20 years or for life.
``(g)(1) Except as provided in paragraph (2), whoever possesses an
explosive in an airport that is subject to the regulatory authority of
the Federal Aviation Administration, or in any building in whole or in
part owned, possessed, or used by, or leased to, the United States or
any department or agency thereof, except with the written consent of
the agency, department, or other person responsible for the management
of such building or airport, shall be imprisoned for not more than five
years.
``(2) The provisions of this subsection shall not be applicable to--
``(A) the possession of ammunition (as that term is defined
in regulations issued pursuant to this chapter) in an airport
that is subject to the regulatory authority of the Federal
Aviation Administration if such ammunition is either in checked
baggage or in a closed container; or
``(B) the possession of an explosive in an airport if the
packaging and transportation of such explosive is exempt from,
or subject to and in accordance with, regulations of the
Pipeline and Hazardous Materials Safety Administration for the
handling of hazardous materials pursuant to chapter 51 of title
49.
``(h) Whoever--
``(1) uses fire or an explosive to commit any felony which
may be prosecuted in a court of the United States, or
``(2) carries an explosive during the commission of any
felony which may be prosecuted in a court of the United States,
including a felony which provides for an enhanced punishment if
committed by the use of a deadly or dangerous weapon or device shall,
in addition to the punishment provided for such felony, be sentenced to
imprisonment for 10 years. In the case of a second or subsequent
conviction under this subsection, such person shall be sentenced to
imprisonment for 20 years. Notwithstanding any other provision of law,
the court shall not place on probation or suspend the sentence of any
person convicted of a violation of this subsection, nor shall the term
of imprisonment imposed under this subsection run concurrently with any
other term of imprisonment including that imposed for the felony in
which the explosive was used or carried.
``(i) Whoever maliciously damages or destroys, or attempts to damage
or destroy, by means of fire or an explosive, any building, vehicle, or
other real or personal property used in interstate or foreign commerce
or in any activity affecting interstate or foreign commerce shall be
imprisoned for not less than 5 years and not more than 20 years; and if
personal injury results to any person, including any public safety
officer performing duties as a direct or proximate result of conduct
prohibited by this subsection, shall be imprisoned for not less than 7
years and not more than 40 years; and if death results to any person,
including any public safety officer performing duties as a direct or
proximate result of conduct prohibited by this subsection, shall also
be subject to imprisonment for any term of years, or to the death
penalty or to life imprisonment.
``(j) For the purposes of subsections (d), (e), (f), (g), (h), and
(i) of this section and section 612(p)(2), the term `explosive' means
gunpowders, powders used for blasting, all forms of high explosives,
blasting materials, fuzes (other than electric circuit breakers),
detonators, and other detonating agents, smokeless powders, other
explosive or incendiary devices within the meaning of paragraph (5) of
section 232 of this title, and any chemical compounds, mechanical
mixture, or device that contains any oxidizing and combustible units,
or other ingredients, in such proportions, quantities, or packing that
ignition by fire, by friction, by concussion, by percussion, or by
detonation of the compound, mixture, or device or any part thereof may
cause an explosion.
``(k) A person who steals any explosives materials which are moving
as, or are a part of, or which have moved in, interstate or foreign
commerce shall be imprisoned for not more than 10 years.
``(l) A person who steals any explosive material from a licensed
importer, licensed manufacturer, or licensed dealer, or from any
permittee shall be imprisoned not more than 10 years.
``(m) A person who conspires to commit an offense under subsection
(h) shall be imprisoned for any term of years not exceeding 20.
``(n) Whoever knowingly transfers any explosive materials, knowing or
having reasonable cause to believe that such explosive materials will
be used to commit a crime of violence (as defined in section 584(c)(3))
or drug trafficking crime (as defined in section 584(c)(2)) shall be
subject to the same penalties as may be imposed under subsection (h)
for a first conviction for the use or carrying of an explosive
material.
``(o) Theft Reporting Requirement.--
``(1) In general.--A holder of a license or permit who knows
that explosive materials have been stolen from that licensee or
permittee, shall report the theft to the Attorney General not
later than 24 hours after the discovery of the theft.
``(2) Penalty.--A holder of a license or permit who does not
report a theft in accordance with paragraph (1), shall be
imprisoned not more than 5 years.
``Sec. 615. Exceptions; relief from disabilities
``(a) Except in the case of subsection (l), (m), (n), or (o) of
section 612 and subsections (d), (e), (f), (g), (h), and (i) of section
614 of this title, this chapter does not apply to--
``(1) any aspect of the transportation of explosive materials
via railroad, water, highway, or air which are regulated by the
United States Department of Transportation and agencies
thereof, and which pertain to safety;
``(2) the use of explosive materials in medicines and
medicinal agents in the forms prescribed by the official United
States Pharmacopeia, or the National Formulary;
``(3) the transportation, shipment, receipt, or importation
of explosive materials for delivery to any agency of the United
States or to any State or political subdivision thereof;
``(4) small arms ammunition and components thereof;
``(5) commercially manufactured black powder in quantities
not to exceed fifty pounds, percussion caps, safety and
pyrotechnic fuses, quills, quick and slow matches, and friction
primers, intended to be used solely for sporting, recreational,
or cultural purposes in antique firearms as defined in section
581(a)(16) of title 18 of the United States Code, or in antique
devices as exempted from the term `destructive device' in
section 581(a)(4) of title 18 of the United States Code; and
``(6) the manufacture under the regulation of the military
department of the United States of explosive materials for, or
their distribution to or storage or possession by the military
or naval services or other agencies of the United States; or to
arsenals, navy yards, depots, or other establishments owned by,
or operated by or on behalf of, the United States.
``(b)(1) A person who is prohibited from shipping, transporting,
receiving, or possessing any explosive under section 612(i) may apply
to the Attorney General for relief from such prohibition.
``(2) The Attorney General may grant the relief requested under
paragraph (1) if the Attorney General determines that the circumstances
regarding the applicability of section 612(i), and the applicant's
record and reputation, are such that the applicant will not be likely
to act in a manner dangerous to public safety and that the granting of
such relief is not contrary to the public interest.
``(3) A licensee or permittee who applies for relief, under this
subsection, from the disabilities incurred under this chapter as a
result of an indictment for or conviction of a crime punishable by
imprisonment for a term exceeding 1 year shall not be barred by such
disability from further operations under the license or permit pending
final action on an application for relief filed pursuant to this
section.
``(c) It is an affirmative defense against any proceeding involving
subsections (l) through (o) of section 612 if the proponent proves by a
preponderance of the evidence that the plastic explosive--
``(1) consisted of a small amount of plastic explosive
intended for and utilized solely in lawful--
``(A) research, development, or testing of new or
modified explosive materials;
``(B) training in explosives detection or development
or testing of explosives detection equipment; or
``(C) forensic science purposes; or
``(2) was plastic explosive that, within 3 years after the
date of enactment of the Antiterrorism and Effective Death
Penalty Act of 1996, will be or is incorporated in a military
device within the territory of the United States and remains an
integral part of such military device, or is intended to be, or
is incorporated in, and remains an integral part of a military
device that is intended to become, or has become, the property
of any agency of the United States performing military or
police functions (including any military reserve component) or
the National Guard of any State, wherever such device is
located.
``(3) For purposes of this subsection, the term `military
device' includes, shells, bombs, projectiles, mines, missiles,
rockets, shaped charges, grenades, perforators, and similar
devices lawfully manufactured exclusively for military or
police purposes.
``Sec. 616. Additional powers of the Attorney General
``(a) The Attorney General is authorized to inspect the site of any
accident, or fire, in which there is reason to believe that explosive
materials were involved, in order that if any such incident has been
brought about by accidental means, precautions may be taken to prevent
similar accidents from occurring. In order to carry out the purpose of
this subsection, the Attorney General is authorized to enter into or
upon any property where explosive materials have been used, are
suspected of having been used, or have been found in an otherwise
unauthorized location. Nothing in this chapter shall be construed as
modifying or otherwise affecting in any way the investigative authority
of any other Federal agency. In addition to any other investigatory
authority they have with respect to violations of provisions of this
chapter, the Federal Bureau of Investigation, together with the Bureau
of Alcohol, Tobacco, Firearms, and Explosives, shall have authority to
conduct investigations with respect to violations of subsection (d),
(e), (f), (g), (h), or (i) of section 614.
``(b) The Attorney General is authorized to establish a national
repository of information on incidents involving arson and the
suspected criminal misuse of explosives. All Federal agencies having
information concerning such incidents shall report the information to
the Attorney General pursuant to such regulations as deemed necessary
to carry out the provisions of this subsection. The repository shall
also contain information on incidents voluntarily reported to the
Attorney General by State and local authorities.
``Sec. 617. Rules and regulations
``The administration of this subchapter shall be vested in the
Attorney General. The Attorney General may prescribe such rules and
regulations as he deems reasonably necessary to carry out the
provisions of this chapter. The Attorney General shall give reasonable
public notice, and afford to interested parties opportunity for
hearing, prior to prescribing such rules and regulations.
``Sec. 618. Effect on State law
``No provision of this subchapter shall be construed as indicating an
intent on the part of the Congress to occupy the field in which such
provision operates to the exclusion of the law of any State on the same
subject matter, unless there is a direct and positive conflict between
such provision and the law of the State so that the two cannot be
reconciled or consistently stand together.
``SUBCHAPTER E--BIOLOGICAL WEAPONS
``Sec.
``621. Prohibitions with respect to biological weapons.
``622. Requests for military assistance to enforce prohibition in
certain emergencies.
``623. Possession by restricted persons.
``624. Variola virus.
``625. Seizure, forfeiture, and destruction.
``626. Injunctions.
``627. Definitions.
``Sec. 621. Prohibitions with respect to biological weapons
``(a) In General.--Whoever knowingly develops, produces, stockpiles,
transfers, acquires, retains, or possesses any biological agent, toxin,
or delivery system for use as a weapon, or knowingly assists a foreign
state or any organization to do so shall be imprisoned for life or any
term of years. There is extraterritorial Federal jurisdiction over an
offense under this section committed by or against a national of the
United States.
``(b) Additional Offense.--Whoever knowingly possesses any biological
agent, toxin, or delivery system of a type or in a quantity that, under
the circumstances, is not reasonably justified by a prophylactic,
protective, bona fide research, or other peaceful purpose, shall be
imprisoned not more than 10 years. In this subsection, the terms
`biological agent' and `toxin' do not encompass any biological agent or
toxin that is in its naturally occurring environment, if the biological
agent or toxin has not been cultivated, collected, or otherwise
extracted from its natural source.
``(c) Definition.--For purposes of this section, the term `for use as
a weapon' includes the development, production, transfer, acquisition,
retention, or possession of any biological agent, toxin, or delivery
system for other than prophylactic, protective, bona fide research, or
other peaceful purposes.
``Sec. 622. Requests for military assistance to enforce prohibition in
certain emergencies
``The Attorney General may request the Secretary of Defense to
provide assistance under section 382 of title 10 in support of
Department of Justice activities relating to the enforcement of section
621 in an emergency situation involving a biological weapon of mass
destruction. The authority to make such a request may be exercised by
another official of the Department of Justice in accordance with
section 382(f)(2) of title 10.
``Sec. 623. Possession by restricted persons
``(a) In General.--(1) No restricted person shall ship or transport
in or affecting interstate or foreign commerce, or possess in or
affecting interstate or foreign commerce, any biological agent or
toxin, or receive any biological agent or toxin that has been shipped
or transported in interstate or foreign commerce, if the biological
agent or toxin is listed as a select agent in Appendix A of part 72 of
title 42, Code of Federal Regulations, pursuant to section 351A of the
Public Health Service Act, and is not exempted under subsection (h) of
section 72.6, or Appendix A of part 72, of title 42, Code of Federal
Regulations.
``(2) Whoever knowingly violates this section shall be imprisoned not
more than 10 years, but the prohibition contained in this section shall
not apply with respect to any duly authorized United States
governmental activity.
``(b) Transfer to Unregistered Person.--
``(1) Select agents.--Whoever transfers a select agent to a
person who the transferor knows or has reasonable cause to
believe is not registered as required by regulations under
subsection (b) or (c) of section 351A of the Public Health
Service Act shall be imprisoned for not more than 5 years.
``(2) Certain other biological agents and toxins.--Whoever
transfers a biological agent or toxin listed pursuant to
section 212(a)(1) of the Agricultural Bioterrorism Protection
Act of 2002 to a person who the transferor knows or has
reasonable cause to believe is not registered as required by
regulations under subsection (b) or (c) of section 212 of such
Act shall be imprisoned for not more than 5 years.
``(c) Unregistered for Possession.--
``(1) Select agents.--Whoever knowingly possesses a
biological agent or toxin where such agent or toxin is a select
agent for which such person has not obtained a registration
required by regulations under section 351A(c) of the Public
Health Service Act shall be or imprisoned for not more than 5
years.
``(2) Certain other biological agents and toxins.--Whoever
knowingly possesses a biological agent or toxin where such
agent or toxin is a biological agent or toxin listed pursuant
to section 212(a)(1) of the Agricultural Bioterrorism
Protection Act of 2002 for which such person has not obtained a
registration required by regulations under section 212(c) of
such Act shall be imprisoned for not more than 5 years.
``(d) Definitions.--As used in this section:
``(1) The term `select agent' means a biological agent or
toxin to which subsection (a) applies. Such term (including for
purposes of subsection (a)) does not include any such
biological agent or toxin that is in its naturally-occurring
environment, if the biological agent or toxin has not been
cultivated, collected, or otherwise extracted from its natural
source.
``(2) The term `restricted person' means an individual who--
``(A) is under indictment for a crime punishable by
imprisonment for a term exceeding 1 year;
``(B) has been convicted in any court of a crime
punishable by imprisonment for a term exceeding 1 year;
``(C) is a fugitive from justice;
``(D) is an unlawful user of any controlled substance
(as defined in section 102 of the Controlled Substances
Act (21 U.S.C. 802));
``(E) is an alien illegally or unlawfully in the
United States;
``(F) has been adjudicated as a mental defective or
has been committed to any mental institution;
``(G)(i) is an alien (other than an alien lawfully
admitted for permanent residence) who is a national of
a country as to which the Secretary of State, pursuant
to section 6(j) of the Export Administration Act of
1979 (50 U.S.C. App. 2405(j)), section 620A of chapter
1 of part M of the Foreign Assistance Act of 1961 (22
U.S.C. 2371), or section 40(d) of chapter 3 of the Arms
Export Control Act (22 U.S.C. 2780(d)), has made a
determination (that remains in effect) that such
country has repeatedly provided support for acts of
international terrorism, or (ii) acts for or on behalf
of, or operates subject to the direction or control of,
a government or official of a country described in this
subparagraph;
``(H) has been discharged from the Armed Services of
the United States under dishonorable conditions; or
``(I) is a member of, acts for or on behalf of, or
operates subject to the direction or control of, a
terrorist organization as defined in section
212(a)(3)(B)(vi) of the Immigration and Nationality Act
(8 U.S.C. 1182(a)(3)(B)(vi)).
``(3) The term `alien' has the same meaning as in section
101(a)(3) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(3)).
``(4) The term `lawfully admitted for permanent residence'
has the same meaning as in section 101(a)(20) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(20)).
``Sec. 624. Variola virus
``(a) Unlawful Conduct.--
``(1) In general.--Except as provided in paragraph (2), it
shall be unlawful for any person to knowingly produce,
engineer, synthesize, acquire, transfer directly or indirectly,
receive, possess, import, export, or use, or possess and
threaten to use, variola virus.
``(2) Exception.--This subsection does not apply to conduct
by, or under the authority of, the Secretary of Health and
Human Services.
``(b) Jurisdiction.--Conduct prohibited by subsection (a) is within
the jurisdiction of the United States if--
``(1) the offense occurs in or affects interstate or foreign
commerce;
``(2) the offense occurs outside of the United States and is
committed by a national of the United States;
``(3) the offense is committed against a national of the
United States while the national is outside the United States;
``(4) the offense is committed against any property that is
owned, leased, or used by the United States or by any
department or agency of the United States, whether the property
is within or outside the United States; or
``(5) an offender aids or abets any person over whom
jurisdiction exists under this subsection in committing an
offense under this section or conspires with any person over
whom jurisdiction exists under this subsection to commit an
offense under this section.
``(c) Criminal Penalties.--
``(1) In general.--Whoever violates subsection (a) shall be
sentenced to a term of imprisonment not less than 25 years or
to imprisonment for life.
``(2) Other circumstances.--Whoever, in the course of a
violation of subsection (a), uses or possesses and threatens to
use, any item or items described in subsection (a), shall be
imprisoned for not less than 30 years or imprisoned for life.
``(3) Special circumstances.--If the death of another results
from a person's violation of subsection (a), the person shall
be punished by imprisonment for life.
``(d) Definition.--As used in this section, the term `variola virus'
means a virus that can cause human smallpox or any derivative of the
variola major virus that contains more than 85 percent of the gene
sequence of the variola major virus or the variola minor virus.
``Sec. 625. Seizure, forfeiture, and destruction
``(a) In General.--(1) Except as provided in paragraph (2), the
Attorney General may request the issuance, in the same manner as
provided for a search warrant, of a warrant authorizing the seizure of
any biological agent, toxin, or delivery system that--
``(A) pertains to conduct prohibited under section 621; or
``(B) is of a type or in a quantity that under the
circumstances has no apparent justification for prophylactic,
protective, or other peaceful purposes.
``(2) In exigent circumstances, seizure and destruction of any
biological agent, toxin, or delivery system described in subparagraphs
(A) and (B) of paragraph (1) may be made upon probable cause without
the necessity for a warrant.
``(b) Procedure.--Property seized pursuant to subsection (a) shall be
forfeited to the United States after notice to potential claimants and
an opportunity for a hearing. At such hearing, the Government shall
bear the burden of persuasion by a preponderance of the evidence.
Except as inconsistent herewith, the same procedures and provisions of
law relating to a forfeiture under the customs laws shall extend to a
seizure or forfeiture under this section. The Attorney General may
provide for the destruction or other appropriate disposition of any
biological agent, toxin, or delivery system seized and forfeited
pursuant to this section.
``(c) Affirmative Defense.--It is an affirmative defense against a
forfeiture under subsection (a)(1)(B) of this section that--
``(1) such biological agent, toxin, or delivery system is for
a prophylactic, protective, or other peaceful purpose; and
``(2) such biological agent, toxin, or delivery system, is of
a type and quantity reasonable for that purpose.
``Sec. 626. Injunctions
``(a) In General.--The United States may obtain in a civil action an
injunction against--
``(1) the conduct prohibited under section 621 of this title;
``(2) the preparation, solicitation, attempt, threat, or
conspiracy to engage in conduct prohibited under section 621;
or
``(3) the development, production, stockpiling, transferring,
acquisition, retention, or possession, or the attempted
development, production, stockpiling, transferring,
acquisition, retention, or possession of any biological agent,
toxin, or delivery system of a type or in a quantity that under
the circumstances has no apparent justification for
prophylactic, protective, or other peaceful purposes.
``(b) Affirmative Defense.--It is an affirmative defense against an
injunction under subsection (a)(3) of this section that--
``(1) the conduct sought to be enjoined is for a
prophylactic, protective, or other peaceful purpose; and
``(2) such biological agent, toxin, or delivery system is of
a type and quantity reasonable for that purpose.
``Sec. 627. Definitions
``As used in this chapter--
``(1) the term `biological agent' means any microorganism
(including bacteria, viruses, fungi, rickettsiae or protozoa),
or infectious substance, or any naturally occurring,
bioengineered or synthesized component of any such
microorganism or infectious substance, capable of causing--
``(A) death, disease, or other biological malfunction
in a human, an animal, a plant, or another living
organism;
``(B) deterioration of food, water, equipment,
supplies, or material of any kind; or
``(C) deleterious alteration of the environment;
``(2) the term `toxin' means the toxic material or product of
plants, animals, microorganisms (including bacteria, viruses,
fungi, rickettsiae or protozoa), or infectious substances, or a
recombinant or synthesized molecule, whatever their origin and
method of production, and includes--
``(A) any poisonous substance or biological product
that may be engineered as a result of biotechnology
produced by a living organism; or
``(B) any poisonous isomer or biological product,
homolog, or derivative of such a substance;
``(3) the term `delivery system' means--
``(A) any apparatus, equipment, device, or means of
delivery specifically designed to deliver or
disseminate a biological agent, toxin, or vector; or
``(B) any vector; and
``(4) the term `vector' means a living organism, or molecule,
including a recombinant or synthesized molecule, capable of
carrying a biological agent or toxin to a host.
``SUBCHAPTER F--CHEMICAL WEAPONS
``Sec.
``631. Prohibited activities.
``632. Penalties.
``633. Individual self-defense devices.
``634. Injunctions.
``635. Requests for military assistance to enforce prohibition in
certain emergencies.
``636. Definitions.
``Sec. 631. Prohibited activities
``(a) Unlawful Conduct.--Except as provided in subsection (b), it
shall be unlawful for any person knowingly--
``(1) to develop, produce, otherwise acquire, transfer
directly or indirectly, receive, stockpile, retain, own,
possess, or use, or threaten to use, any chemical weapon; or
``(2) to assist or induce, in any way, any person to violate
paragraph (1).
``(b) Exempted Agencies and Persons.--
``(1) In general.--Subsection (a) does not apply to the
retention, ownership, possession, transfer, or receipt of a
chemical weapon by a department, agency, or other entity of the
United States, or by a person described in paragraph (2),
pending destruction of the weapon.
``(2) Exempted persons.--A person referred to in paragraph
(1) is--
``(A) any person, including a member of the Armed
Forces of the United States, who is authorized by law
or by an appropriate officer of the United States to
retain, own, possess, transfer, or receive the chemical
weapon; or
``(B) in an emergency situation, any otherwise
nonculpable person if the person is attempting to
destroy or seize the weapon.
``(c) Jurisdiction.--Conduct prohibited by subsection (a) is within
the jurisdiction of the United States if the prohibited conduct--
``(1) takes place in the United States;
``(2) takes place outside of the United States and is
committed by a national of the United States;
``(3) is committed against a national of the United States
while the national is outside the United States; or
``(4) is committed against any property that is owned,
leased, or used by the United States or by any department or
agency of the United States, whether the property is within or
outside the United States.
``Sec. 632. Penalties
``(a) Criminal Penalties.--
``(1) In general.--Whoever violates section 631 of this title
shall be imprisoned for any term of years.
``(2) Death penalty.--Whoever violates section 631 of this
title and by whose action the death of another person is the
result shall be punished by death or imprisoned for life.
``(b) Civil Penalties.--
``(1) In general.--The Attorney General may bring a civil
action in the appropriate United States district court against
any person who violates section 631 of this title and, upon
proof of such violation by a preponderance of the evidence,
such person shall be subject to pay a civil penalty in an
amount not to exceed $100,000 for each such violation.
``(2) Relation to other proceedings.--The imposition of a
civil penalty under this subsection does not preclude any other
criminal or civil statutory, common law, or administrative
remedy, which is available by law to the United States or any
other person.
``(c) Reimbursement of Costs.--The court shall order any person
convicted of an offense under subsection (a) to reimburse the United
States for any expenses incurred by the United States incident to the
seizure, storage, handling, transportation, and destruction or other
disposition of any property that was seized in connection with an
investigation of the commission of the offense by that person. A person
ordered to reimburse the United States for expenses under this
subsection shall be jointly and severally liable for such expenses with
each other person, if any, who is ordered under this subsection to
reimburse the United States for the same expenses.
``Sec. 633. Individual self-defense devices
``This subchapter does not prohibit any individual self-defense
device, including one using a pepper spray or chemical mace.
``Sec. 634. Injunctions
``The United States may obtain in a civil action an injunction
against--
``(1) the conduct prohibited under section 631 or 674; or
``(2) the preparation or solicitation to engage in conduct
prohibited under section 631 or 675.
``Sec. 635. Requests for military assistance to enforce prohibition in
certain emergencies
``The Attorney General may request the Secretary of Defense to
provide assistance under section 382 of title 10 in support of
Department of Justice activities relating to the enforcement of section
631 in an emergency situation involving a chemical weapon. The
authority to make such a request may be exercised by another official
of the Department of Justice in accordance with section 382(f)(2) of
title 10.
``Sec. 636. Definitions
``In this chapter the following apply:
``(1) Chemical weapon.--The term `chemical weapon' means the
following, together or separately:
``(A) A toxic chemical and its precursors, except
where intended for a purpose not prohibited under this
chapter as long as the type and quantity is consistent
with such a purpose.
``(B) A munition or device, specifically designed to
cause death or other harm through toxic properties of
those toxic chemicals specified in subparagraph (A),
which would be released as a result of the employment
of such munition or device.
``(C) Any equipment specifically designed for use
directly in connection with the employment of munitions
or devices specified in subparagraph (B).
``(2) Chemical weapons convention; convention.--The terms
`Chemical Weapons Convention' and `Convention' mean the
Convention on the Prohibition of the Development, Production,
Stockpiling and Use of Chemical Weapons and on Their
Destruction, opened for signature on January 13, 1993.
``(3) Key component of a binary or multicomponent chemical
system.--The term `key component of a binary or multicomponent
chemical system' means the precursor which plays the most
important role in determining the toxic properties of the final
product and reacts rapidly with other chemicals in the binary
or multicomponent system.
``(4) Precursor.--
``(A) In general.--The term `precursor' means any
chemical reactant which takes part at any stage in the
production by whatever method of a toxic chemical. The
term includes any key component of a binary or
multicomponent chemical system.
``(B) List of precursors.--Precursors which have been
identified for the application of verification measures
under Article VI of the Convention are listed in
schedules contained in the Annex on Chemicals of the
Chemical Weapons Convention.
``(5) Purposes not prohibited by this chapter.--The term
`purposes not prohibited by this chapter' means the following:
``(A) Peaceful purposes.--Any peaceful purpose
related to an industrial, agricultural, research,
medical, or pharmaceutical activity or other activity.
``(B) Protective purposes.--Any purpose directly
related to protection against toxic chemicals and to
protection against chemical weapons.
``(C) Unrelated military purposes.--Any military
purpose of the United States that is not connected with
the use of a chemical weapon or that is not dependent
on the use of the toxic or poisonous properties of the
chemical weapon to cause death or other harm.
``(D) Law enforcement purposes.--Any law enforcement
purpose, including any domestic riot control purpose
and including imposition of capital punishment.
``(6) Toxic chemical.--
``(A) In general.--The term `toxic chemical' means
any chemical which through its chemical action on life
processes can cause death, temporary incapacitation or
permanent harm to humans or animals. The term includes
all such chemicals, regardless of their origin or of
their method of production, and regardless of whether
they are produced in facilities, in munitions or
elsewhere.
``(B) List of toxic chemicals.--Toxic chemicals which
have been identified for the application of
verification measures under Article VI of the
Convention are listed in schedules contained in the
Annex on Chemicals of the Chemical Weapons Convention.
``CHAPTER 23--THEFT AND RELATED CRIMES
``Subchapter
Sec.
``A. Embezzlement and theft....................................... 641
``B. Stolen property.............................................. 671
``C. Counterfeiting and forgery................................... 691
``SUBCHAPTER A--EMBEZZLEMENT AND THEFT
``Sec.
``641. Public money, property or records.
``642. Accounting generally for public money.
``643. Officer or employee of United States converting property of
another.
``644. Theft, embezzlement, or misapplication by bank officer or
employee.
``645. Lending, credit, and insurance institutions.
``646. Property mortgaged or pledged to farm credit agencies.
``647. Interstate or foreign shipments by carrier; State prosecutions.
``648. Carrier's funds derived from commerce; State prosecutions.
``649. Within special maritime and territorial jurisdiction.
``650. Receiving stolen property within special maritime and
territorial jurisdiction.
``651. Theft or embezzlement from employee benefit plan.
``652. Theft or embezzlement from employment and training funds;
improper inducement; obstruction of investigations.
``653. Theft or bribery concerning programs receiving Federal funds.
``654. Theft of major artwork.
``655. Theft or embezzlement in connection with health care.
``656. Embezzlement of labor organization assets.
``Sec. 641. Public money, property or records
``(a) Offense.--Whoever--
``(1) embezzles, steals, purloins, or knowingly converts to
his use or the use of another, or without authority, sells,
conveys or disposes of any record, voucher, money, or thing of
value of the United States or of any department or agency
thereof, or any property made or being made under contract for
the United States or any department or agency thereof; or
``(2) receives, conceals, or retains the same with intent to
convert it to his use or gain, knowing it to have been
embezzled, stolen, purloined or converted;
shall be imprisoned not more than ten years; but if the value of such
property in the aggregate, combining amounts from all the counts for
which the defendant is convicted in a single case, does not exceed the
sum of $1,000, he shall be imprisoned not more than one year.
``(b) Definition.--As used in this section the term `value' means
face, par, or market value, or cost price, either wholesale or retail,
whichever is greater.
``Sec. 642. Accounting generally for public money
``Whoever, being an officer, employee or agent of the United States
or of any department or agency thereof, having received public money
which he is not authorized to retain as salary, pay, or emolument,
fails to render his accounts for the same as provided by law is guilty
of embezzlement, and shall be or imprisoned not more than ten years;
but if the amount embezzled does not exceed $1,000, he shall be
imprisoned not more than one year.
``Sec. 643. Officer or employee of United States converting property of
another
``Whoever, being an officer or employee of the United States or of
any department or agency thereof, embezzles or wrongfully converts to
his own use the money or property of another which comes into his
possession or under his control in the execution of such office or
employment, or under color or claim of authority as such officer or
employee, shall be imprisoned not more than ten years; but if the sum
embezzled is $1,000 or less, he shall be imprisoned not more than one
year.
``Sec. 644. Theft, embezzlement, or misapplication by bank officer or
employee
``(a) Offense.--Whoever, being an officer, director, agent or
employee of, or connected in any capacity with any Federal Reserve
bank, member bank, depository institution holding company, national
bank, insured bank, branch or agency of a foreign bank, or organization
operating under section 25 or section 25(a) of the Federal Reserve Act,
or a receiver of a national bank, insured bank, branch, agency, or
organization or any agent or employee of the receiver, or a Federal
Reserve Agent, or an agent or employee of a Federal Reserve Agent or of
the Board of Governors of the Federal Reserve System, embezzles,
abstracts, purloins or knowingly misapplies any of the moneys, funds or
credits of such bank, branch, agency, or organization or holding
company or any moneys, funds, assets or securities intrusted to the
custody or care of such bank, branch, agency, or organization, or
holding company or to the custody or care of any such agent, officer,
director, employee or receiver, shall be imprisoned not more than 30
years; but if the amount embezzled, abstracted, purloined or misapplied
does not exceed $1,000, he shall be imprisoned not more than one year.
``(b) Definitions.--As used in this section--
``(1) the term `member bank' means any national bank, state
bank, or bank and trust company which has become a member of
one of the Federal Reserve banks;
``(2) the term `insured bank' means any bank, banking
association, trust company, savings bank, or other banking
institution, the deposits of which are insured by the Federal
Deposit Insurance Corporation;
``(3) the term `branch or agency of a foreign bank' means a
branch or agency described in section 20(9) of this title; and
``(4) the term `depository institution holding company' has
the meaning given such term in section 3 of the Federal Deposit
Insurance Act.
``Sec. 645. Lending, credit, and insurance institutions
``Whoever, being an officer, agent or employee of or connected in any
capacity with the Federal Deposit Insurance Corporation, National
Credit Union Administration, Office of Thrift Supervision, the
Resolution Trust Corporation, any Federal home loan bank, the Federal
Housing Finance Agency, Farm Credit Administration, Department of
Housing and Urban Development, Federal Crop Insurance Corporation, the
Secretary of Agriculture acting through the Farmers Home Administration
or successor agency, the Rural Development Administration or successor
agency, or the Farm Credit System Insurance Corporation, a Farm Credit
Bank, a bank for cooperatives or any lending, mortgage, insurance,
credit or savings and loan corporation or association authorized or
acting under the laws of the United States or any institution, other
than an insured bank (as defined in section 656), the accounts of which
are insured by the Federal Deposit Insurance Corporation, or by the
National Credit Union Administration Board or any small business
investment company, or any community development financial institution
receiving financial assistance under the Riegle Community Development
and Regulatory Improvement Act of 1994, and whoever, being a receiver
of any such institution, or agent or employee of the receiver,
embezzles, abstracts, purloins or knowingly misapplies any moneys,
funds, credits, securities or other things of value belonging to such
institution, or pledged or otherwise intrusted to its care, shall be
imprisoned not more than 30 years; but if the amount or value
embezzled, abstracted, purloined or misapplied does not exceed $1,000,
he shall be imprisoned not more than one year.
``Sec. 646. Property mortgaged or pledged to farm credit agencies
``Whoever, with intent to defraud, knowingly conceals, removes,
disposes of, or converts to his own use or to that of another, any
property mortgaged or pledged to, or held by, the Farm Credit
Administration, any Federal intermediate credit bank, or the Federal
Crop Insurance Corporation, the Secretary of Agriculture acting through
the Farmers Home Administration or successor agency, the Rural
Development Administration or successor agency, any regional
agricultural credit corporation, or any bank for cooperatives, shall be
imprisoned not more than five years; but if the value of such property
does not exceed $1,000, he shall be imprisoned not more than one year.
``Sec. 647. Interstate or foreign shipments by carrier; State
prosecutions
``(a) Offense.--Whoever--
``(1) embezzles, steals, or unlawfully takes, carries away,
or conceals, or by fraud or deception obtains from any pipeline
system, railroad car, wagon, motortruck, or other vehicle, or
from any tank or storage facility, station, station house,
platform or depot or from any steamboat, vessel, or wharf, or
from any aircraft, air terminal, airport, aircraft terminal or
air navigation facility with intent to convert to his own use
any goods or chattels moving as or which are a part of or which
constitute an interstate or foreign shipment of freight,
express, or other property;
``(2) buys or receives or has in his possession any such
goods or chattels, knowing the same to have been embezzled or
stolen;
``(3) embezzles, steals, or unlawfully takes, carries away,
or by fraud or deception obtains with intent to convert to his
own use any baggage which shall have come into the possession
of any common carrier for transportation in interstate or
foreign commerce or breaks into, steals, takes, carries away,
or conceals any of the contents of such baggage, or buys,
receives, or has in his possession any such baggage or any
article therefrom of whatever nature, knowing the same to have
been embezzled or stolen; or
``(4) embezzles, steals, or unlawfully takes by any
fraudulent device, scheme, or game, from any railroad car, bus,
vehicle, steamboat, vessel, or aircraft operated by any common
carrier moving in interstate or foreign commerce or from any
passenger thereon any money, baggage, goods, or chattels, or
whoever buys, receives, or has in his possession any such
money, baggage, goods, or chattels, knowing the same to have
been embezzled or stolen;
shall be imprisoned not more than ten years, but if the amount or value
of such money, baggage, goods or chattels does not exceed $1,000, shall
be imprisoned not more than one year.
``(b) Bar to Prosecution.--A judgment of conviction or acquittal on
the merits under the laws of any State shall be a bar to any
prosecution under this section for the same act or acts. Nothing
contained in this section shall be construed as indicating an intent on
the part of Congress to occupy the field in which provisions of this
section operate to the exclusion of State laws on the same subject
matter, nor shall any provision of this section be construed as
invalidating any provision of State law unless such provision is
inconsistent with any of the purposes of this section or any provision
thereof.
``Sec. 648. Carrier's funds derived from commerce; State prosecutions
``(a) Offense.--Whoever, being a president, director, officer, or
manager of any firm, association, or corporation engaged in commerce as
a common carrier, or whoever, being an employee of such common carrier
riding in or upon any railroad car, motortruck, steamboat, vessel,
aircraft or other vehicle of such carrier moving in interstate
commerce, embezzles, steals, abstracts, or knowingly misapplies, or
knowingly permits to be misapplied, any of the moneys, funds, credits,
securities, property, or assets of such firm, association, or
corporation arising or accruing from, or used in, such commerce, in
whole or in part, or knowingly converts the same to his own use or to
the use of another, shall be imprisoned not more than ten years.
``(b) Venue.--The offense shall be deemed to have been committed not
only in the district where the violation first occurred but also in any
district in which the defendant may have taken or had possession of
such moneys, funds, credits, securities, property or assets.
``(c) Bar to Prosecution.--A judgment of conviction or acquittal on
the merits under the laws of any State shall be a bar to any
prosecution hereunder for the same act or acts.
``Sec. 649. Within special maritime and territorial jurisdiction
``Whoever, within the special maritime and territorial jurisdiction
of the United States, takes and carries away, with intent to steal or
purloin, any personal property of another shall, if the property taken
is of a value exceeding $1,000, or is taken from the person of another,
be imprisoned not more than five years, and in all other cases,
imprisoned not more than one year.
``Sec. 650. Receiving stolen property within special maritime and
territorial jurisdiction
``Whoever, within the special maritime and territorial jurisdiction
of the United States, buys, receives, or conceals any money, goods,
bank notes, or other thing which may be the subject of larceny, which
has been feloniously taken, stolen, or embezzled, from any other
person, knowing the same to have been so taken, stolen, or embezzled,
shall be imprisoned not more than three years, but if the amount or
value of thing so taken, stolen or embezzled does not exceed $1,000,
the offender shall be imprisoned not more than one year.
``Sec. 651. Theft or embezzlement from employee benefit plan
``(a) Offense.--Whoever embezzles, steals, or unlawfully and
knowingly abstracts or converts any property of any employee welfare
benefit plan or employee pension benefit plan, or of any fund connected
therewith, shall be imprisoned not more than five years.
``(b) Definition.--As used in this section, the term `any employee
welfare benefit plan or employee pension benefit plan' means any
employee benefit plan subject to any provision of title I of the
Employee Retirement Income Security Act of 1974.
``Sec. 652. Theft or embezzlement from employment and training funds;
improper inducement; obstruction of investigations
``(a) Theft or Embezzlement From Employment and Training Funds.--
Whoever, being an officer, director, agent, or employee of, or
connected in any capacity with any agency or organization receiving
financial assistance or any funds under the Job Training Partnership
Act or title I of the Workforce Investment Act of 1998 knowingly
enrolls an ineligible participant, embezzles, knowingly misapplies,
steals, or obtains by fraud any property that is the subject of a
financial assistance agreement or contract pursuant to such Act shall
be imprisoned for not more than 2 years, but if the amount so
embezzled, misapplied, stolen, or obtained by fraud does not exceed
$1,000, the offender shall be imprisoned not more than 1 year.
``(b) Improper Inducement.--Whoever, by threat or procuring dismissal
of any person from employment or of refusal to employ or refusal to
renew a contract of employment in connection with a financial
assistance agreement or contract under the Job Training Partnership Act
or title I of the Workforce Investment Act of 1998 induces any person
to give up any money or thing of any value to any person (including
such organization or agency receiving funds) shall be imprisoned not
more than 1 year.
``Sec. 653. Theft or bribery concerning programs receiving Federal
funds
``(a) Offense.--Whoever, as made applicable by subsection (b)--
``(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 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 imprisoned not more than 10 years.
``(b) Applicability.--Subsection (a) applies if 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) Exclusion.--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) Definitions.--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 `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.
``Sec. 654. Theft of major artwork
``(a) Offenses.--A person who--
``(1) steals or obtains by fraud from the care, custody, or
control of a museum any object of cultural heritage; or
``(2) knowing that an object of cultural heritage has been
stolen or obtained by fraud, if in fact the object was stolen
or obtained from the care, custody, or control of a museum
(whether or not that fact is known to the person), receives,
conceals, exhibits, or disposes of the object,
shall be imprisoned not more than 10 years.
``(b) Definitions.--In this section--
``(1) the term `museum' means an organized and permanent
institution, the activities of which affect interstate or
foreign commerce, that--
``(A) is situated in the United States;
``(B) is established for an essentially educational
or aesthetic purpose;
``(C) has a professional staff; and
``(D) owns, utilizes, and cares for tangible objects
that are exhibited to the public on a regular schedule;
and
``(2) the term `object of cultural heritage' means an object
that is--
``(A) over 100 years old and worth in excess of
$5,000; or
``(B) worth at least $100,000.
``Sec. 655. Theft or embezzlement in connection with health care
``Whoever knowingly embezzles, steals, or otherwise without authority
converts or intentionally misapplies any of the moneys, funds,
securities, premiums, credits, property, or other assets of a health
care benefit program, shall be imprisoned not more than 10 years, but
if the value of such property does not exceed the sum of $100 the
offender shall be imprisoned not more than one year.
``Sec. 656. Embezzlement of labor organization assets.
``(a) Offense.--Whoever, being an officer or employee of a labor
organization, embezzles, steals, or unlawfully and knowingly abstracts
or converts any of the property of the organization shall be imprisoned
for not more than five years.
``(b) Definition.--As used in this section the term `labor
organization' has the meaning given that term in the National Labor
Relations Act.
``SUBCHAPTER B--STOLEN PROPERTY
``Sec.
``670. Definitions for subchapter.
``671. Transportation of stolen vehicles.
``672. Sale or receipt of stolen vehicles.
``673. Transportation of stolen goods, securities, moneys, fraudulent
State tax stamps, or articles used in counterfeiting.
``674. Sale or receipt of stolen goods, securities, moneys, or
fraudulent State tax stamps.
``675. Trafficking in counterfeit labels, illicit labels, or
counterfeit documentation or packaging.
``676. Criminal infringement of a copyright.
``677. Copyright infringement.
``678. Unauthorized fixation of and trafficking in sound recordings and
music videos of live musical performances.
``679. Unauthorized recording of motion pictures in a motion picture
exhibition facility.
``680. Trafficking in counterfeit goods or services.
``681. Trafficking in certain motor vehicles or motor vehicle parts.
``682. Chop shops.
``Sec. 670. Definitions for subchapter
``The following definitions apply in this subchapter:
``(1) The term `aircraft' means any contrivance now known or
hereafter invented, used, or designed for navigation of or for
flight in the air.
``(2) The term `cattle' means one or more bulls, steers,
oxen, cows, heifers, or calves, or the carcass or carcasses
thereof.
``(3) The term `livestock' means any domestic animals raised
for home use, consumption, or profit, such as horses, pigs,
llamas, goats, fowl, sheep, buffalo, and cattle, or the
carcasses thereof.
``(4) The term `money' means the legal tender of the United
States or of any foreign country, or any counterfeit thereof.
``(5) The term `motor vehicle' means an automobile,
automobile truck, automobile wagon, motorcycle, or any other
self-propelled vehicle designed for running on land but not on
rails.
``(6) The term `securities' means any note, stock
certificate, bond, debenture, check, draft, warrant, traveler's
check, letter of credit, warehouse receipt, negotiable bill of
lading, evidence of indebtedness, certificate of interest or
participation in any profit-sharing agreement, collateral-trust
certificate, preorganization certificate or subscription,
transferable share, investment contract, voting-trust
certificate; valid or blank motor vehicle title; certificate of
interest in property, tangible or intangible; instrument or
document or writing evidencing ownership of goods, wares, and
merchandise, or transferring or assigning any right, title, or
interest in or to goods, wares, and merchandise; or, in
general, any instrument commonly known as a `security', or any
certificate of interest or participation in, temporary or
interim certificate for, receipt for, warrant, or right to
subscribe to or purchase any of the foregoing, or any forged,
counterfeited, or spurious representation of any of the
foregoing.
``(7) The term `tax stamp' means any tax stamp, tax token,
tax meter imprint, or any other form of evidence of an
obligation running to a State, or evidence of the discharge
thereof.
``(8) The term `value' means the face, par, or market value,
whichever is the greatest, and the aggregate value of all
goods, wares, and merchandise, securities, and money referred
to in a single indictment shall constitute the value thereof.
``(9) The term `vessel' means any watercraft or other
contrivance used or designed for transportation or navigation
on, under, or immediately above, water.
``Sec. 671. Transportation of stolen vehicles
``Whoever transports in interstate or foreign commerce a motor
vehicle, vessel, or aircraft, knowing the same to have been stolen,
shall be imprisoned not more than 10 years.
``Sec. 672. Sale or receipt of stolen vehicles
``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 imprisoned not more than 10 years.
``Sec. 673. Transportation of stolen goods, securities, moneys,
fraudulent State tax stamps, or articles used in
counterfeiting
``Whoever--
``(1) transports, transmits, or transfers in interstate or
foreign commerce any goods, wares, merchandise, securities or
money, of the value of $5,000 or more, knowing the same to have
been stolen, converted or taken by fraud;
``(2) having devised or intending to devise any scheme or
artifice to defraud, or for obtaining money or property by
means of false or fraudulent pretenses, representations, or
promises, transports or causes to be transported, or induces
any person or persons to travel in, or to be transported in
interstate or foreign commerce in the execution or concealment
of a scheme or artifice to defraud that person or those persons
of money or property having a value of $5,000 or more;
``(3) with unlawful intent, transports in interstate or
foreign commerce any falsely made, forged, altered, or
counterfeited securities or tax stamps, knowing the same to
have been falsely made, forged, altered, or counterfeited;
``(4) with unlawful intent, transports in interstate or
foreign commerce any traveler's check bearing a forged
countersignature; or
``(5) with unlawful intent, transports in interstate or
foreign commerce, any tool, implement, or thing used or fitted
to be used in falsely making, forging, altering, or
counterfeiting any security or tax stamps, or any part thereof;
shall be imprisoned not more than ten years.
``Sec. 674. Sale or receipt of stolen goods, securities, moneys, or
fraudulent State tax stamps
``Whoever--
``(1) 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;
``(2) 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
``(3) 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;
shall be imprisoned not more than ten years.
``Sec. 675. Trafficking in counterfeit labels, illicit labels, or
counterfeit documentation or packaging
``(a) Offense.--Whoever, as made applicable by subsection (c),
knowingly traffics in--
``(1) a counterfeit label or illicit label affixed to,
enclosing, or accompanying, or designed to be affixed to,
enclose, or accompany--
``(A) a phonorecord;
``(B) a copy of a computer program;
``(C) a copy of a motion picture or other audiovisual
work;
``(D) a copy of a literary work;
``(E) a copy of a pictorial, graphic, or sculptural
work;
``(F) a work of visual art; or
``(G) documentation or packaging; or
``(2) counterfeit documentation or packaging, shall be
imprisoned for not more than 5 years.
``(b) Definitions.--As used in this section--
``(1) the term `counterfeit label' means an identifying label
or container that appears to be genuine, but is not;
``(2) the term `traffic' has the meaning givent that term in
section 680;
``(3) the terms `copy', `phonorecord', `motion picture',
`computer program', `audiovisual work', `literary work',
`pictorial, graphic, or sculptural work', `sound recording',
`work of visual art', and `copyright owner' have, respectively,
the meanings given those terms in section 101 (relating to
definitions) of title 17;
``(4) the term `illicit label' means a genuine certificate,
licensing document, registration card, or similar labeling
component--
``(A) that is used by the copyright owner to verify
that a phonorecord, a copy of a computer program, a
copy of a motion picture or other audiovisual work, a
copy of a literary work, a copy of a pictorial,
graphic, or sculptural work, a work of visual art, or
documentation or packaging is not counterfeit or
infringing of any copyright; and
``(B) that is, without the authorization of the
copyright owner--
``(i) distributed or intended for
distribution not in connection with the copy,
phonorecord, or work of visual art to which
such labeling component was intended to be
affixed by the respective copyright owner; or
``(ii) in connection with a genuine
certificate or licensing document, knowingly
falsified in order to designate a higher number
of licensed users or copies than authorized by
the copyright owner, unless that certificate or
document is used by the copyright owner solely
for the purpose of monitoring or tracking the
copyright owner's distribution channel and not
for the purpose of verifying that a copy or
phonorecord is noninfringing;
``(5) the term `documentation or packaging' means
documentation or packaging, in physical form, for a
phonorecord, copy of a computer program, copy of a motion
picture or other audiovisual work, copy of a literary work,
copy of a pictorial, graphic, or sculptural work, or work of
visual art; and
``(6) the term `counterfeit documentation or packaging' means
documentation or packaging that appears to be genuine, but is
not.
``(c) Application.--Subsection (a) applies if--
``(1) the offense is committed within the special maritime
and territorial jurisdiction of the United States; or within
the special aircraft jurisdiction of the United States (as
defined in section 46501 of title 49);
``(2) the mail or a facility of interstate or foreign
commerce is used or intended to be used in the commission of
the offense;
``(3) the counterfeit label or illicit label is affixed to,
encloses, or accompanies, or is designed to be affixed to,
enclose, or accompany--
``(A) a phonorecord of a copyrighted sound recording
or copyrighted musical work;
``(B) a copy of a copyrighted computer program;
``(C) a copy of a copyrighted motion picture or other
audiovisual work;
``(D) a copy of a literary work;
``(E) a copy of a pictorial, graphic, or sculptural
work;
``(F) a work of visual art; or
``(G) copyrighted documentation or packaging; or
``(4) the counterfeited documentation or packaging is
copyrighted.
``(d) Forfeiture and Destruction of Property; Restitution.--
Forfeiture, destruction, and restitution relating to this section shall
be subject to section 2323, to the extent provided in that section, in
addition to any other similar remedies provided by law.
``(e) Civil Remedies.--
``(1) In general.--Any copyright owner who is injured, or is
threatened with injury, by a violation of subsection (a) may
bring a civil action in an appropriate United States district
court.
``(2) Discretion of court.--In any action brought under
paragraph (1), the court--
``(A) may grant 1 or more temporary or permanent
injunctions on such terms as the court determines to be
reasonable to prevent or restrain a violation of
subsection (a);
``(B) at any time while the action is pending, may
order the impounding, on such terms as the court
determines to be reasonable, of any article that is in
the custody or control of the alleged violator and that
the court has reasonable cause to believe was involved
in a violation of subsection (a); and
``(C) may award to the injured party--
``(i) reasonable attorney fees and costs; and
``(ii)(I) actual damages and any additional
profits of the violator, as provided in
paragraph (3); or
``(II) statutory damages, as provided in
paragraph (4).
``(3) Actual damages and profits.--
``(A) In general.--The injured party is entitled to
recover--
``(i) the actual damages suffered by the
injured party as a result of a violation of
subsection (a), as provided in subparagraph (B)
of this paragraph; and
``(ii) any profits of the violator that are
attributable to a violation of subsection (a)
and are not taken into account in computing the
actual damages.
``(B) Calculation of damages.--The court shall
calculate actual damages by multiplying--
``(i) the value of the phonorecords, copies,
or works of visual art which are, or are
intended to be, affixed with, enclosed in, or
accompanied by any counterfeit labels, illicit
labels, or counterfeit documentation or
packaging, by
``(ii) the number of phonorecords, copies, or
works of visual art which are, or are intended
to be, affixed with, enclosed in, or
accompanied by any counterfeit labels, illicit
labels, or counterfeit documentation or
packaging.
``(C) Definition.--For purposes of this paragraph,
the `value' of a phonorecord, copy, or work of visual
art is--
``(i) in the case of a copyrighted sound
recording or copyrighted musical work, the
retail value of an authorized phonorecord of
that sound recording or musical work;
``(ii) in the case of a copyrighted computer
program, the retail value of an authorized copy
of that computer program;
``(iii) in the case of a copyrighted motion
picture or other audiovisual work, the retail
value of an authorized copy of that motion
picture or audiovisual work;
``(iv) in the case of a copyrighted literary
work, the retail value of an authorized copy of
that literary work;
``(v) in the case of a pictorial, graphic, or
sculptural work, the retail value of an
authorized copy of that work; and
``(vi) in the case of a work of visual art,
the retail value of that work.
``(4) Statutory damages.--The injured party may elect, at any
time before final judgment is rendered, to recover, instead of
actual damages and profits, an award of statutory damages for
each violation of subsection (a) in a sum of not less than
$2,500 or more than $25,000, as the court considers
appropriate.
``(5) Subsequent violation.--The court may increase an award
of damages under this subsection by 3 times the amount that
would otherwise be awarded, as the court considers appropriate,
if the court finds that a person has subsequently violated
subsection (a) within 3 years after a final judgment was
entered against that person for a violation of that subsection.
``(6) Limitation on actions.--A civil action may not be
commenced under section unless it is commenced within 3 years
after the date on which the claimant discovers the violation of
subsection (a).
``Sec. 676. Criminal infringement of a copyright
``(a) Section 506a Offenses In General.--Whoever violates section
506(a) (relating to criminal offenses) of title 17 shall be punished as
provided in subsections (b), (c), and (d) and such penalties shall be
in addition to any other provisions of title 17 or any other law.
``(b) Subsection (a)(1)(A) Offenses.--Whoever commits an offense
under section 506(a)(1)(A) of title 17--
``(1) shall be imprisoned not more than 5 years, if the
offense consists of the reproduction or distribution, including
by electronic means, during any 180-day period, of at least 10
copies or phonorecords, of 1 or more copyrighted works, which
have a total retail value of more than $2,500;
``(2) shall be imprisoned not more than 10 years if the
offense is a felony and is a second or subsequent offense under
subsection (a); and
``(3) shall be imprisoned not more than 1 year in any other
case.
``(c) Subsection (a)(1)(B) Offenses.--Whoever commits an offense
under section 506(a)(1)(B) of title 17--
``(1) shall be imprisoned not more than 3 years, if the
offense consists of the reproduction or distribution of 10 or
more copies or phonorecords of 1 or more copyrighted works,
which have a total retail value of $2,500 or more;
``(2) shall be imprisoned not more than 6 years, or if the
offense is a felony and is a second or subsequent offense under
subsection (a); and
``(3) shall be imprisoned not more than 1 year, or if the
offense consists of the reproduction or distribution of 1 or
more copies or phonorecords of 1 or more copyrighted works,
which have a total retail value of more than $1,000.
``(d) Subsection (a)(1)(C) Offenses.--Whoever commits an offense
under section 506(a)(1)(C) of title 17--
``(1) shall be imprisoned not more than 3 years;
``(2) shall be imprisoned not more than 5 years if the
offense was committed for purposes of commercial advantage or
private financial gain;
``(3) shall be imprisoned not more than 6 years if the
offense is a second or subsequent offense; and
``(4) shall be imprisoned not more than 10 years if the
offense is a second or subsequent offense under paragraph (2).
``(e) Victim Impact.--
``(1) In general.--During preparation of the presentence
report pursuant to Rule 32(c) of the Federal Rules of Criminal
Procedure, victims of the offense shall be permitted to submit,
and the probation officer shall receive, a victim impact
statement that identifies the victim of the offense and the
extent and scope of the injury and loss suffered by the victim,
including the estimated economic impact of the offense on that
victim.
``(2) Persons permitted to submit.--Persons permitted to
submit victim impact statements shall include--
``(A) producers and sellers of legitimate works
affected by conduct involved in the offense;
``(B) holders of intellectual property rights in such
works; and
``(C) the legal representatives of such producers,
sellers, and holders.
``(f) Definitions.--As used in this section--
``(1) the terms `phonorecord' and `copies' have,
respectively, the meanings set forth in section 101 (relating
to definitions) of title 17;
``(2) the terms `reproduction' and `distribution' refer to
the exclusive rights of a copyright owner under clauses (1) and
(3) respectively of section 106 (relating to exclusive rights
in copyrighted works), as limited by sections 107 through 122,
of title 17;
``(3) the term `financial gain' has the meaning given the
term in section 101 of title 17; and
``(4) the term `work being prepared for commercial
distribution' has the meaning given the term in section 506(a)
of title 17.
``Sec. 677. Copyright infringement
``(a) Criminal Infringement.--
``(1) In general.--Whoever knowingly infringes a copyright
shall be punished as provided under section 676, if the
infringement was committed--
``(A) for purposes of commercial advantage or private
financial gain;
``(B) by the reproduction or distribution, including
by electronic means, during any 180-day period, of 1 or
more copies or phonorecords of 1 or more copyrighted
works, which have a total retail value of more than
$1,000; or
``(C) by the distribution of a work being prepared
for commercial distribution, by making it available on
a computer network accessible to members of the public,
if such person knew or should have known that the work
was intended for commercial distribution.
``(2) Evidence.--For purposes of this subsection, evidence of
reproduction or distribution of a copyrighted work, by itself,
shall not be sufficient to establish knowing infringement of a
copyright.
``(3) Definition.--In this subsection, the term `work being
prepared for commercial distribution' means--
``(A) a computer program, a musical work, a motion
picture or other audiovisual work, or a sound
recording, if, at the time of unauthorized
distribution--
``(i) the copyright owner has a reasonable
expectation of commercial distribution; and
``(ii) the copies or phonorecords of the work
have not been commercially distributed; or
``(B) a motion picture, if, at the time of
unauthorized distribution, the motion picture--
``(i) has been made available for viewing in
a motion picture exhibition facility; and
``(ii) has not been made available in copies
for sale to the general public in the United
States in a format intended to permit viewing
outside a motion picture exhibition facility.
``(b) Forfeiture and Destruction.--When any person is convicted of
any violation of subsection (a), the court in its judgment of
conviction shall, in addition to the penalty therein prescribed, order
the forfeiture and destruction or other disposition of all infringing
copies or phonorecords and all implements, devices, or equipment used
in the manufacture of such infringing copies or phonorecords.
``(c) Fraudulent Copyright Notice.--Whoever, with fraudulent intent,
places on any article a notice of copyright or words of the same
purport that such person knows to be false, or who, with fraudulent
intent, publicly distributes or imports for public distribution any
article bearing such notice or words that such person knows to be
false, shall be fined not more than $2,500.
``(d) Fraudulent Removal of Copyright Notice.--Whoever, with
fraudulent intent, removes or alters any notice of copyright appearing
on a copy of a copyrighted work shall be fined not more than $2,500.
``(e) False Representation.--Whoever knowingly makes a false
representation of a material fact in the application for copyright
registration provided for by section 409 of title 17, or in any written
statement filed in connection with the application, shall be fined not
more than $2,500.
``(f) Rights of Attribution and Integrity.--Nothing in this section
applies to infringement of the rights conferred by section 106A(a) of
title 17.
``Sec. 678. Unauthorized fixation of and trafficking in sound
recordings and music videos of live musical
performances
``(a) Offense.--Whoever, without the consent of the performer or
performers involved, knowingly and for purposes of commercial advantage
or private financial gain--
``(1) fixes the sounds or sounds and images of a live musical
performance in a copy or phonorecord, or reproduces copies or
phonorecords of such a performance from an unauthorized
fixation;
``(2) transmits or otherwise communicates to the public the
sounds or sounds and images of a live musical performance; or
``(3) distributes or offers to distribute, sells or offers to
sell, rents or offers to rent, or traffics in any copy or
phonorecord fixed as described in paragraph (1), regardless of
whether the fixations occurred in the United States;
shall be imprisoned for not more than 5 years or if the offense is a
second or subsequent offense, shall be imprisoned for not more than 10
years.
``(b) Forfeiture and Destruction of Property; Restitution.--
Forfeiture, destruction, and restitution relating to this section shall
be subject to section 2323, to the extent provided in that section, in
addition to any other similar remedies provided by law.
``(c) Seizure and Forfeiture.--If copies or phonorecords of sounds or
sounds and images of a live musical performance are fixed outside of
the United States without the consent of the performer or performers
involved, such copies or phonorecords are subject to seizure and
forfeiture in the United States in the same manner as property imported
in violation of the customs laws. The Secretary of Homeland Security
shall issue regulations by which any performer may, upon payment of a
specified fee, be entitled to notification by United States Customs and
Border Protection of the importation of copies or phonorecords that
appear to consist of unauthorized fixations of the sounds or sounds and
images of a live musical performance.
``(d) Victim Impact Statement.--(1) During preparation of the
presentence report pursuant to Rule 32(c) of the Federal Rules of
Criminal Procedure, victims of the offense shall be permitted to
submit, and the probation officer shall receive, a victim impact
statement that identifies the victim of the offense and the extent and
scope of the injury and loss suffered by the victim, including the
estimated economic impact of the offense on that victim.
``(2) Persons permitted to submit victim impact statements shall
include--
``(A) producers and sellers of legitimate works affected by
conduct involved in the offense;
``(B) holders of intellectual property rights in such works;
and
``(C) the legal representatives of such producers, sellers,
and holders.
``(e) Definitions.--As used in this section--
``(1) the terms `copy', `fixed', `musical work',
`phonorecord', `reproduce', `sound recordings', and `transmit'
mean those terms within the meaning of title 17; and
``(2) the term `traffic' has the meaning given that term in
section 680.
``(f) Applicability.--This section shall apply to any conduct that
occurs on or after the date of the enactment of the Uruguay Round
Agreements Act.
``Sec. 679. Unauthorized recording of motion pictures in a motion
picture exhibition facility
``(a) Offense.--Whoever, without the authorization of the copyright
owner, knowingly uses or attempts to use an audiovisual recording
device to transmit or make a copy of a motion picture or other
audiovisual work protected under title 17, or any part thereof, from a
performance of such work in a motion picture exhibition facility,
shall--
``(1) be imprisoned for not more than 3 years; or
``(2) if the offense is a second or subsequent offense, be
imprisoned for no more than 6 years.
The possession by a person of an audiovisual recording device in a
motion picture exhibition facility may be considered as evidence in any
proceeding to determine whether that person committed an offense under
this subsection, but shall not, by itself, be sufficient to support a
conviction of that person for such offense.
``(b) Forfeiture and Destruction of Property; Restitution.--
Forfeiture, destruction, and restitution relating to this section shall
be subject to section 2323, to the extent provided in that section, in
addition to any other similar remedies provided by law.
``(c) Authorized Activities.--This section does not prevent any
lawfully authorized investigative, protective, or intelligence activity
by an officer, agent, or employee of the United States, a State, or a
political subdivision of a State, or by a person acting under a
contract with the United States, a State, or a political subdivision of
a State.
``(d) Immunity for Theaters.--With reasonable cause, the owner or
lessee of a motion picture exhibition facility where a motion picture
or other audiovisual work is being exhibited, the authorized agent or
employee of such owner or lessee, the licensor of the motion picture or
other audiovisual work being exhibited, or the agent or employee of
such licensor--
``(1) may detain, in a reasonable manner and for a reasonable
time, any person suspected of a violation of this section with
respect to that motion picture or audiovisual work for the
purpose of questioning or summoning a law enforcement officer;
and
``(2) shall not be held liable in any civil or criminal
action arising out of a detention under paragraph (1).
``(e) Victim Impact Statement.--
``(1) In general.--During the preparation of the presentence
report under rule 32(c) of the Federal Rules of Criminal
Procedure, victims of an offense under this section shall be
permitted to submit to the probation officer a victim impact
statement that identifies the victim of the offense and the
extent and scope of the injury and loss suffered by the victim,
including the estimated economic impact of the offense on that
victim.
``(2) Contents.--A victim impact statement submitted under
this subsection shall include--
``(A) producers and sellers of legitimate works
affected by conduct involved in the offense;
``(B) holders of intellectual property rights in the
works described in subparagraph (A); and
``(C) the legal representatives of such producers,
sellers, and holders.
``(f) State Law Not Preempted.--Nothing in this section may be
construed to annul or limit any rights or remedies under the laws of
any State.
``(g) Definitions.--In this section, the following definitions shall
apply:
``(1) Title 17 definitions.--The terms `audiovisual work',
`copy', `copyright owner', `motion picture', `motion picture
exhibition facility', and `transmit' have, respectively, the
meanings given those terms in section 101 of title 17.
``(2) Audiovisual recording device.--The term `audiovisual
recording device' means a digital or analog photographic or
video camera, or any other technology or device capable of
enabling the recording or transmission of a copyrighted motion
picture or other audiovisual work, or any part thereof,
regardless of whether audiovisual recording is the sole or
primary purpose of the device.
``Sec. 680. Trafficking in counterfeit goods or services
``(a) Offense.--
``(1) In General.--Whoever intentionally traffics or attempts
to traffic in goods or services and knowingly uses a
counterfeit mark on or in connection with such goods or
services, or intentionally traffics or attempts to traffic in
labels, patches, stickers, wrappers, badges, emblems,
medallions, charms, boxes, containers, cans, cases, hangtags,
documentation, or packaging of any type or nature, knowing that
a counterfeit mark has been applied thereto, the use of which
is likely to cause confusion, to cause mistake, or to deceive,
shall, if an individual, be imprisoned not more than 10 years,
and, if a person other than an individual, be fined not more
than $5,000,000. In the case of an offense by a person under
this section that occurs after that person is convicted of
another offense under this section, the person convicted, if an
individual, shall be fined not more than $5,000,000 or
imprisoned not more than 20 years, or both, and if other than
an individual, shall be fined not more than $15,000,000.
``(2) Serious bodily harm or death.--
``(A) Serious bodily harm.--If the offender knowingly
or recklessly causes serious bodily injury from conduct
in violation of paragraph (1), the penalty shall be
imprisonment for not more than 20 years.
``(B) Death.--If the offender knowingly or recklessly
causes or attempts to cause death from conduct in
violation of paragraph (1), the penalty shall be a fine
under this title or imprisonment for any term of years
or for life, or both.
``(b)(1) The following property shall be subject to forfeiture to the
United States and no property right shall exist in such property:
``(A) Any article bearing or consisting of a counterfeit mark
used in committing a violation of subsection (a).
``(B) Any property used, in any manner or part, to commit or
to facilitate the commission of a violation of subsection (a).
``(2) The provisions of chapter 46 of this title relating to civil
forfeitures, including section 983 of this title, shall extend to any
seizure or civil forfeiture under this section. At the conclusion of
the forfeiture proceedings, the court, unless otherwise requested by an
agency of the United States, shall order that any forfeited article
bearing or consisting of a counterfeit mark be destroyed or otherwise
disposed of according to law.
``(3)(A) The court, in imposing sentence on a person convicted of an
offense under this section, shall order, in addition to any other
sentence imposed, that the person forfeit to the United States--
``(i) any property constituting or derived from any proceeds
the person obtained, directly or indirectly, as the result of
the offense;
``(ii) any of the person's property used, or intended to be
used, in any manner or part, to commit, facilitate, aid, or
abet the commission of the offense; and
``(iii) any article that bears or consists of a counterfeit
mark used in committing the offense.
``(B) The forfeiture of property under subparagraph (A), including
any seizure and disposition of the property and any related judicial or
administrative proceeding, shall be governed by the procedures set
forth in section 413 of the Comprehensive Drug Abuse Prevention and
Control Act of 1970 (21 U.S.C. 853), other than subsection (d) of that
section. Notwithstanding section 413(h) of that Act, at the conclusion
of the forfeiture proceedings, the court shall order that any forfeited
article or component of an article bearing or consisting of a
counterfeit mark be destroyed.
``(4) When a person is convicted of an offense under this section,
the court, pursuant to sections 3556, 3663A, and 3664, shall order the
person to pay restitution to the owner of the mark and any other victim
of the offense as an offense against property referred to in section
3663A(c)(1)(A)(ii).
``(5) The term `victim', as used in paragraph (4), has the meaning
given that term in section 3663A(a)(2).
``(c) All defenses, affirmative defenses, and limitations on remedies
that would be applicable in an action under the Lanham Act shall be
applicable in a prosecution under this section. In a prosecution under
this section, the defendant shall have the burden of proof, by a
preponderance of the evidence, of any such affirmative defense.
``(d)(1) During preparation of the presentence report pursuant to
Rule 32(c) of the Federal Rules of Criminal Procedure, victims of the
offense shall be permitted to submit, and the probation officer shall
receive, a victim impact statement that identifies the victim of the
offense and the extent and scope of the injury and loss suffered by the
victim, including the estimated economic impact of the offense on that
victim.
``(2) Persons permitted to submit victim impact statements shall
include--
``(A) producers and sellers of legitimate goods or services
affected by conduct involved in the offense;
``(B) holders of intellectual property rights in such goods
or services; and
``(C) the legal representatives of such producers, sellers,
and holders.
``(e) For the purposes of this section--
``(1) the term `counterfeit mark' means--
``(A) a spurious mark--
``(i) that is used in connection with
trafficking in any goods, services, labels,
patches, stickers, wrappers, badges, emblems,
medallions, charms, boxes, containers, cans,
cases, hangtags, documentation, or packaging of
any type or nature;
``(ii) that is identical with, or
substantially indistinguishable from, a mark
registered on the principal register in the
United States Patent and Trademark Office and
in use, whether or not the defendant knew such
mark was so registered;
``(iii) that is applied to or used in
connection with the goods or services for which
the mark is registered with the United States
Patent and Trademark Office, or is applied to
or consists of a label, patch, sticker,
wrapper, badge, emblem, medallion, charm, box,
container, can, case, hangtag, documentation,
or packaging of any type or nature that is
designed, marketed, or otherwise intended to be
used on or in connection with the goods or
services for which the mark is registered in
the United States Patent and Trademark Office;
and
``(iv) the use of which is likely to cause
confusion, to cause mistake, or to deceive; or
``(B) a spurious designation that is identical with,
or substantially indistinguishable from, a designation
as to which the remedies of the Lanham Act are made
available by reason of section 220506 of title 36,
but such term does not include any mark or designation used in
connection with goods or services, or a mark or designation
applied to labels, patches, stickers, wrappers, badges,
emblems, medallions, charms, boxes, containers, cans, cases,
hangtags, documentation, or packaging of any type or nature
used in connection with such goods or services, of which the
manufacturer or producer was, at the time of the manufacture or
production in question, authorized to use the mark or
designation for the type of goods or services so manufactured
or produced, by the holder of the right to use such mark or
designation.
``(2) the term `traffic' means to transport, transfer, or
otherwise dispose of, to another, for purposes of commercial
advantage or private financial gain, or to make, import,
export, obtain control of, or possess, with intent to so
transport, transfer, or otherwise dispose of;
``(3) the term `financial gain' includes the receipt, or
expected receipt, of anything of value; and
``(4) the term `Lanham Act' means 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 (15 U.S.C. 1051 et seq.).
``(f) Nothing in this section shall entitle the United States to
bring a criminal cause of action under this section for the repackaging
of genuine goods or services not intended to deceive or confuse.
``(g)(1) Beginning with the first year after the date of enactment of
this subsection, the Attorney General shall include in the report of
the Attorney General to Congress on the business of the Department of
Justice prepared pursuant to section 522 of title 28, an accounting, on
a district by district basis, of the following with respect to all
actions taken by the Department of Justice that involve trafficking in
counterfeit labels for phonorecords, copies of computer programs or
computer program documentation or packaging, copies of motion pictures
or other audiovisual works (as defined in section 2318 of this title),
criminal infringement of copyrights (as defined in section 2319 of this
title), unauthorized fixation of and trafficking in sound recordings
and music videos of live musical performances (as defined in section
2319A of this title), or trafficking in goods or services bearing
counterfeit marks (as defined in section 2320 of this title):
``(A) The number of open investigations.
``(B) The number of cases referred by the United States
Customs Service.
``(C) The number of cases referred by other agencies or
sources.
``(D) The number and outcome, including settlements,
sentences, recoveries, and penalties, of all prosecutions
brought under sections 2318, 2319, 2319A, and 2320 of title 18.
``(2)(A) The report under paragraph (1), with respect to criminal
infringement of copyright, shall include the following:
``(i) The number of infringement cases in these categories:
audiovisual (videos and films); audio (sound recordings);
literary works (books and musical compositions); computer
programs; video games; and, others.
``(ii) The number of online infringement cases.
``(iii) The number and dollar amounts of fines assessed in
specific categories of dollar amounts. These categories shall
be: no fines ordered; fines under $500; fines from $500 to
$1,000; fines from $1,000 to $5,000; fines from $5,000 to
$10,000; and fines over $10,000.
``(iv) The total amount of restitution ordered in all
copyright infringement cases.
``(B) In this paragraph, the term `online infringement cases' as used
in paragraph (2) means those cases where the infringer--
``(i) advertised or publicized the infringing work on the
Internet; or
``(ii) made the infringing work available on the Internet for
download, reproduction, performance, or distribution by other
persons.
``(C) The information required under subparagraph (A) shall be
submitted in the report required in fiscal year 2005 and thereafter.
``(h) Transshipment and Exportation.--No goods or services, the
trafficking in of which is prohibited by this section, shall be
transshipped through or exported from the United States. Any such
transshipment or exportation shall be deemed a violation of section 42
of an Act to provide for the registration 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' or the `Lanham Act').
``Sec. 681. Trafficking in certain motor vehicles or motor vehicle
parts
``(a) Offense.--Whoever buys, receives, possesses, or obtains control
of, with intent to sell or otherwise dispose of, a motor vehicle or
motor vehicle part, knowing that an identification number for such
motor vehicle or part has been removed, obliterated, tampered with, or
altered, shall be imprisoned not more than ten years.
``(b) Nonapplicability.--Subsection (a) does not apply if the
removal, obliteration, tampering, or alteration--
``(1) is caused by collision or fire; or
``(2) is not a violation of section 718.
``(c) Definitions.--As used in this section, the terms
`identification number' and `motor vehicle' have the meaning given
those terms in section 718.
``Sec. 682.Chop shops
``(a) In General.--
``(1) Unlawful action.--Whoever knowingly owns, operates,
maintains, or controls a chop shop or conducts operations in a
chop shop shall be punished by imprisonment for not more than
15 years. If a conviction of a person under this paragraph is
for a violation committed after the first conviction of such
person under this paragraph, the maximum punishment shall be
doubled with respect to any fine and imprisonment.
``(2) Injunctions.--The Attorney General shall, as
appropriate, in the case of any person who violates paragraph
(1), commence a civil action for permanent or temporary
injunction to restrain such violation.
``(b) Definition.--For purposes of this section, the term `chop shop'
means any building, lot, facility, or other structure or premise where
one or more persons engage in receiving, concealing, destroying,
disassembling, dismantling, reassembling, or storing any passenger
motor vehicle or passenger motor vehicle part which has been unlawfully
obtained in order to alter, counterfeit, deface, destroy, disguise,
falsify, forge, obliterate, or remove the identity, including the
vehicle identification number or derivative thereof, of such vehicle or
vehicle part and to distribute, sell, or dispose of such vehicle or
vehicle part in interstate or foreign commerce.
``SUBCHAPTER C--COUNTERFEITING AND FORGERY
``Sec.
``691. Counterfeit acts committed outside the United States.
``692. Obligations or securities of United States.
``693. Uttering counterfeit obligations or securities.
``694. Dealing in counterfeit obligations or securities.
``695. Plates, stones, or analog, digital, or electronic images for
counterfeiting obligations or securities.
``696. Deterrents to counterfeiting of obligations and securities.
``697. Taking impressions of tools used for obligations or securities.
``698. Possessing or selling impressions of tools used for obligations
or securities.
``699. Foreign obligations or securities.
``700. Uttering counterfeit foreign obligations or securities.
``701. Possessing counterfeit foreign obligations or securities.
``702. Plates, stones, or analog, digital, or electronic images for
counterfeiting foreign obligations or securities.
``703. Uttering counterfeit foreign bank notes.
``704. Connecting parts of different notes.
``705. Tokens or paper used as money.
``706. Bonds and obligations of certain lending agencies.
``707. Contracts, deeds, and powers of attorney.
``708. Military or naval discharge certificates.
``709. Military, naval, or official passes.
``710. Money orders.
``711. Postage stamps, postage meter stamps, and postal cards.
``712. Printing and filming of United States and foreign obligations
and securities.
``713. Seals of courts; signatures of judges or court officers.
``714. Seals of departments or agencies.
``715. Forging endorsements on Treasury checks or bonds or securities
of the United States.
``716. Altering or removing motor vehicle identification numbers.
``717. Securities of the States and private entities.
``718. Fictitious obligations.
``Sec. 691. Counterfeit acts committed outside the United States
``Whoever outside the United States, engages in the act of--
``(1) making, dealing, or possessing any counterfeit
obligation or other security of the United States; or
``(2) making, dealing, or possessing any plate, stone,
analog, digital, or electronic image, or other thing, or any
part thereof, used to counterfeit such obligation or security,
if such act would constitute a violation of section 692, 693, or 694 if
committed within the United States, shall be punished as is provided
for the like offense within the United States.
``Sec. 692. Obligations or securities of United States
``Whoever, with intent to defraud, falsely makes, forges,
counterfeits, or alters any obligation or other security of the United
States, shall be imprisoned not more than 20 years.
``Sec. 693. Uttering counterfeit obligations or securities
``Whoever, with intent to defraud, passes, utters, publishes, or
sells, or attempts to pass, utter, publish, or sell, or with like
intent brings into the United States or keeps in possession or conceals
any falsely made, forged, counterfeited, or altered obligation or other
security of the United States, shall be imprisoned not more than 20
years.
``Sec. 694. Dealing in counterfeit obligations or securities
``Whoever buys, sells, exchanges, transfers, receives, or delivers
any false, forged, counterfeited, or altered obligation or other
security of the United States, with the intent that the same be passed,
published, or used as true and genuine, shall be imprisoned not more
than 20 years.
``Sec. 695. Plates, stones, or analog, digital, or electronic images
for counterfeiting obligations or securities
``(a) Offense.--Whoever--
``(1) having control, custody, or possession of any plate,
stone, or other thing, or any part thereof, from which has been
printed, or which may be prepared by direction of the Secretary
of the Treasury for the purpose of printing, any obligation or
other security of the United States, uses such plate, stone, or
other thing, or any part thereof, or knowingly suffers the same
to be used for the purpose of printing any such or similar
obligation or other security, or any part thereof, except as
may be printed for the use of the United States by order of the
proper officer thereof;
``(2) makes or executes any plate, stone, or other thing in
the likeness of any plate designated for the printing of such
obligation or other security;
``(3) with intent to defraud, makes, executes, acquires,
scans,captures, records, receives, transmits, reproduces,
sells, or has in such person's control, custody, or possession,
an analog, digital, or electronic image of any obligation or
other security of the United States;
``(4) sells any such plate, stone, or other thing, or brings
into the United States any such plate, stone, or other thing,
except under the direction of the Secretary of the Treasury or
other proper officer, or with any other intent, in either case,
than that such plate, stone, or other thing be used for the
printing of the obligations or other securities of the United
States;
``(5) has in his control, custody, or possession any plate,
stone, or other thing in any manner made after or in the
similitude of any plate, stone, or other thing, from which any
such obligation or other security has been printed, with intent
to use such plate, stone, or other thing, or to suffer the same
to be used in forging or counterfeiting any such obligation or
other security, or any part thereof;
``(6) has in his possession or custody, except under
authority from the Secretary of the Treasury or other proper
officer, any obligation or other security made or executed, in
whole or in part, after the similitude of any obligation or
other security issued under the authority of the United States,
with intent to sell or otherwise use the same; or
``(7) prints, photographs, or in any other manner makes or
executes any engraving, photograph, print, or impression in the
likeness of any such obligation or other security, or any part
thereof, or sells any such engraving, photograph, print, or
impression, except to the United States, or brings into the
United States, any such engraving, photograph, print, or
impression, except by direction of some proper officer of the
United States;
shall be imprisoned not more than 25 years.
``(b) Definition.--For purposes of this section, the term `analog,
digital, or electronic image' includes any analog, digital, or
electronic method used for the making, execution, acquisition,
scanning, capturing, recording, retrieval, transmission, or
reproduction of any obligation or security, unless such use is
authorized by the Secretary of the Treasury. The Secretary shall
establish a system (pursuant to section 504) to ensure that the
legitimate use of such electronic methods and retention of such
reproductions by businesses, hobbyists, press and others shall not be
unduly restricted.
``Sec. 696. Deterrents to counterfeiting of obligations and securities
``(a) Offense.--Whoever--
``(1) has in his control or possession, after a distinctive
paper has been adopted by the Secretary of the Treasury for the
obligations and other securities of the United States, any
similar paper adapted to the making of any such obligation or
other security, except under the authority of the Secretary of
the Treasury; or
``(2) has in his control or possession, after a distinctive
counterfeit deterrent has been adopted by the Secretary of the
Treasury for the obligations and other securities of the United
States by publication in the Federal Register, any essentially
identical feature or device adapted to the making of any such
obligation or security, except under the authority of the
Secretary of the Treasury;
shall be imprisoned for not more than 25 years.
``(b) Definitions.--As used in this section--
``(1) the term `distinctive paper' includes any distinctive
medium of which currency is made, whether of wood pulp, rag,
plastic substrate, or other natural or artificial fibers or
materials; and
``(2) the term `distinctive counterfeit deterrent' includes
any ink, watermark, seal, security thread, optically variable
device, or other feature or device;
``(A) in which the United States has an exclusive
property interest; or
``(B) which is not otherwise in commercial use or in
the public domain and which the Secretary designates as
being necessary in preventing the counterfeiting of
obligations or other securities of the United States.
``Sec. 697. Taking impressions of tools used for obligations or
securities
``Whoever, without authority from the United States, takes, procures,
or makes an impression, stamp, analog, digital, or electronic image, or
imprint of, from or by the use of any tool, implement, instrument, or
thing used or fitted or intended to be used in printing, stamping, or
impressing, or in making other tools, implements, instruments, or
things to be used or fitted or intended to be used in printing,
stamping, or impressing any obligation or other security of the United
States, shall be imprisoned not more than 25 years.
``Sec. 698. Possessing or selling impressions of tools used for
obligations or securities
``Whoever--
``(1) with intent to defraud, possesses, keeps, safeguards,
or controls, without authority from the United States, any
imprint, stamp, analog, digital, or electronic image, or
impression, taken or made upon any substance or material
whatsoever, of any tool, implement, instrument or thing, used,
fitted or intended to be used, for any of the purposes
mentioned in section 476 of this title; or
``(2) with intent to defraud, sells, gives, or delivers any
such imprint, stamp, analog, digital, or electronic image, or
impression to any other person;
shall be imprisoned not more than 25 years.
``Sec. 699. Foreign obligations or securities
``Whoever, within the United States, with intent to defraud, falsely
makes, alters, forges, or counterfeits any bond, certificate,
obligation, or other security of any foreign government, purporting to
be or in imitation of any such security issued under the authority of
such foreign government, or any treasury note, bill, or promise to pay,
lawfully issued by such foreign government and intended to circulate as
money, shall be imprisoned not more than 20 years.
``Sec. 700. Uttering counterfeit foreign obligations or securities
``Whoever, within the United States, knowingly and with intent to
defraud, utters, passes, or puts off, in payment or negotiation, any
false, forged, or counterfeited bond, certificate, obligation,
security, treasury note, bill, or promise to pay, mentioned in section
478 of this title, whether or not the same was made, altered, forged,
or counterfeited within the United States, shall be imprisoned not more
than 20 years.
``Sec. 701. Possessing counterfeit foreign obligations or securities
``Whoever, within the United States, knowingly and with intent to
defraud, possesses or delivers any false, forged, or counterfeit bond,
certificate, obligation, security, treasury note, bill, promise to pay,
bank note, or bill issued by a bank or corporation of any foreign
country, shall be imprisoned not more than 20 years.
``Sec. 702. Plates, stones, or analog, digital, or electronic images
for counterfeiting foreign obligations or
securities
``Whoever--
``(1) within the United States except by lawful authority,
controls, holds, or possesses any plate, stone, or other thing,
or any part thereof, from which has been printed or may be
printed any counterfeit note, bond, obligation, or other
security, in whole or in part, of any foreign government, bank,
or corporation, or uses such plate, stone, or other thing, or
knowingly permits or suffers the same to be used in
counterfeiting such foreign obligations, or any part thereof;
``(2) except by lawful authority, makes or engraves any
plate, stone, or other thing in the likeness or similitude of
any plate, stone, or other thing designated for the printing of
the genuine issues of the obligations of any foreign
government, bank, or corporation;
``(3) with intent to defraud, makes, executes, acquires,
scans, captures, records, receives, transmits, reproduces,
sells, or has in such person's control, custody, or possession,
an analog, digital, or electronic image of any bond,
certificate, obligation, or other security of any foreign
government, or of any treasury note, bill, or promise to pay,
lawfully issued by such foreign government and intended to
circulate as money;
``(4) except by lawful authority, prints, photographs, or
makes, executes, or sells any engraving, photograph, print, or
impression in the likeness of any genuine note, bond,
obligation, or other security, or any part thereof, of any
foreign government, bank, or corporation; or
``(5) brings into the United States any counterfeit plate,
stone, or other thing, engraving, photograph, print, or other
impressions of the notes, bonds, obligations, or other
securities of any foreign government, bank, or corporation;
shall be imprisoned not more than 25 years.
``Sec. 703. Uttering counterfeit foreign bank notes
``Whoever, within the United States, utters, passes, puts off, or
tenders in payment, with intent to defraud, any such false, forged,
altered, or counterfeited bank note or bill, mentioned in section 482
of this title, knowing the same to be so false, forged, altered, and
counterfeited, whether or not the same was made, forged, altered, or
counterfeited within the United States, shall be imprisoned not more
than 20 years.
``Sec. 704. Connecting parts of different notes
``Whoever so places or connects together different parts of two or
more notes, bills, or other genuine instruments issued under the
authority of the United States, or by any foreign government, or
corporation, as to produce one instrument, with intent to defraud,
shall be guilty of forgery in the same manner as if the parts so put
together were falsely made or forged, and shall be imprisoned not more
than 10 years.
``Sec. 705. Tokens or paper used as money
``(a) Offense.--Whoever--
``(1) 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; or
``(2) 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 imprisoned not more than one year.
``(b) Nonpreemption.--Nothing contained in this section shall create
immunity from criminal prosecution under the laws of any State.
``Sec. 706. Bonds and obligations of certain lending agencies
``Whoever--
``(1) falsely makes, forges, counterfeits or alters any note,
bond, debenture, coupon, obligation, instrument, or writing in
imitation or purporting to be in imitation of, a note, bond,
debenture, coupon, obligation, instrument or writing, issued by
the Reconstruction Finance Corporation, Federal Deposit
Insurance Corporation, National Credit Union Administration,
Home Owners' Loan Corporation, Farm Credit Administration,
Department of Housing and Urban Development, or any land bank,
intermediate credit bank, insured credit union, bank for
cooperatives or any lending, mortgage, insurance, credit or
savings and loan corporation or association authorized or
acting under the laws of the United States; or
``(2) passes, utters, or publishes, or attempts to pass,
utter or publish any note, bond, debenture, coupon, obligation,
instrument or document knowing the same to have been falsely
made, forged, counterfeited or altered, contrary to the
provisions of this section;
shall be imprisoned not more than 10 years.
``Sec. 707. Contracts, deeds, and powers of attorney
``Whoever--
``(1) falsely makes, alters, forges, or counterfeits any
deed, power of attorney, order, certificate, receipt, contract,
or other writing, for the purpose of obtaining or receiving, or
of enabling any other person, either directly or indirectly, to
obtain or receive from the United States or any officers or
agents thereof, any sum of money;
``(2) utters or publishes as true any such false, forged,
altered, or counterfeited writing, with intent to defraud the
United States, knowing the same to be false, altered, forged,
or counterfeited; or
``(3) transmits to, or presents at any office or officer of
the United States, any such writing in support of, or in
relation to, any account or claim, with intent to defraud the
United States, knowing the same to be false, altered, forged,
or counterfeited;
shall be imprisoned not more than ten years.
``Sec. 708. Military or naval discharge certificates
``Whoever forges, counterfeits, or falsely alters any certificate of
discharge from the military or naval service of the United States, or
uses, unlawfully possesses or exhibits any such certificate, knowing
the same to be forged, counterfeited, or falsely altered, shall be
imprisoned not more than one year.
``Sec. 709. Military, naval, or official passes
``Whoever falsely makes, forges, counterfeits, alters, or tampers
with any naval, military, or official pass or permit, issued by or
under the authority of the United States, or with intent to defraud
uses or possesses any such pass or permit, or personates or falsely
represents himself to be or not to be a person to whom such pass or
permit has been duly issued, or knowingly allows any other person to
have or use any such pass or permit, issued for his use alone, shall be
imprisoned not more than five years.
``Sec. 710. Money orders
``Whoever--
``(1) with intent to defraud, falsely makes, forges,
counterfeits, engraves, or prints any order in imitation of or
purporting to be a blank money order or a money order issued by
or under the direction of the Post Office Department or Postal
Service;
``(2) forges or counterfeits the signature or initials of any
person authorized to issue money orders upon or to any money
order, postal note, or blank therefor provided or issued by or
under the direction of the Post Office Department or Postal
Service, or post office department or corporation of any
foreign country, and payable in the United States, or any
material signature or indorsement thereon, or any material
signature to any receipt or certificate of identification
thereof;
``(3) falsely alters, in any material respect, any such money
order or postal note;
``(4) with intent to defraud, passes, utters or publishes or
attempts to pass, utter or publish any such forged or altered
money order or postal note, knowing any material initials,
signature, stamp impression or indorsement thereon to be false,
forged, or counterfeited, or any material alteration therein to
have been falsely made;
``(5) issues any money order or postal note without having
previously received or paid the full amount of money payable
therefor, with the purpose of fraudulently obtaining or
receiving, or fraudulently enabling any other person, either
directly or indirectly, to obtain or receive from the United
States or Postal Service, or any officer, employee, or agent
thereof, any sum of money whatever;
``(6) embezzles, steals, or knowingly converts to his own use
or to the use of another, or without authority converts or
disposes of any blank money order form provided by or under the
authority of the Post Office Department or Postal Service;
``(7) receives or possesses any such money order form with
the intent to convert it to his own use or gain or use or gain
of another knowing it to have been embezzled, stolen or
converted;
``(8) with intent to defraud the United States, the Postal
Service, or any person, transmits, presents, or causes to be
transmitted or presented, any money order or postal note
knowing the same--
``(A) to contain any forged or counterfeited
signature, initials, or any stamped impression,
``(B) to contain any material alteration therein
unlawfully made,
``(C) to have been unlawfully issued without previous
payment of the amount required to be paid upon such
issue, or
``(D) to have been stamped without lawful authority;
or
``(9) steals, or with intent to defraud or without being
lawfully authorized by the Post Office Department or Postal
Service, receives, possesses, disposes of or attempts to
dispose of any postal money order machine or any stamp, tool,
or instrument specifically designed to be used in preparing or
filling out the blanks on postal money order forms;
shall be imprisoned not more than five years.
``Sec. 711. Postage stamps, postage meter stamps, and postal cards
``Whoever--
``(1) forges or counterfeits any postage stamp, postage meter
stamp, or any stamp printed upon any stamped envelope, or
postal card, or any die, plate, or engraving thereof;
``(2) makes or prints, or knowingly uses or sells, or
possesses with intent to use or sell, any such forged or
counterfeited postage stamp, postage meter stamp, stamped
envelope, postal card, die, plate, or engraving;
``(3) makes, or knowingly uses or sells, or possesses with
intent to use or sell, any paper bearing the watermark of any
stamped envelope, or postal card, or any fraudulent imitation
thereof;
``(4) makes or prints, or authorizes to be made or printed,
any postage stamp, postage meter stamp, stamped envelope, or
postal card, of the kind authorized and provided by the Post
Office Department or by the Postal Service, without the special
authority and direction of the Department or Postal Service; or
``(5) after such postage stamp, postage meter stamp, stamped
envelope, or postal card has been printed, with intent to
defraud, delivers the same to any person not authorized by an
instrument in writing, duly executed under the hand of the
Postmaster General and the seal of the Post Office Department
or the Postal Service, to receive it;
shall be imprisoned not more than five years.
``Sec. 712. Printing and filming of United States and foreign
obligations and securities
``Notwithstanding any other provision of this subchapter, the
following are permitted:
``(1) The printing, publishing, or importation, or the making
or importation of the necessary plates for such printing or
publishing, of illustrations of--
``(A) postage stamps of the United States,
``(B) revenue stamps of the United States,
``(C) any other obligation or other security of the
United States, and
``(D) postage stamps, revenue stamps, notes, bonds,
and any other obligation or other security of any
foreign government, bank, or corporation.
Illustrations permitted by the foregoing provisions of this
section shall be made in accordance with the following
conditions--
``(i) all illustrations shall be in black and white,
except that illustrations of postage stamps issued by
the United States or by any foreign government and
stamps issued under the Migratory Bird Hunting Stamp
Act of 1934 may be in color;
``(ii) all illustrations (including illustrations of
uncanceled postage stamps in color and illustrations of
stamps issued under the Migratory Bird Hunting Stamp
Act of 1934 in color) shall be of a size less than
three-fourths or more than one and one-half, in linear
dimension, of each part of any matter so illustrated
which is covered by subparagraph (A), (B), (C), or (D)
of this paragraph, except that black and white
illustrations of postage and revenue stamps issued by
the United States or by any foreign government and
colored illustrations of canceled postage stamps issued
by the United States may be in the exact linear
dimension in which the stamps were issued; and
``(iii) the negatives and plates used in making the
illustrations shall be destroyed after their final use
in accordance with this section. The Secretary of the
Treasury shall prescribe regulations to permit color
illustrations of such currency of the United States as
the Secretary determines may be appropriate for such
purposes.
``(2) The provisions of this section shall not permit the
reproduction of illustrations of obligations or other
securities, by or through electronic methods used for the
acquisition, recording, retrieval, transmission, or
reproduction of any obligation or other security, unless such
use is authorized by the Secretary of the Treasury. The
Secretary shall establish a system to ensure that the
legitimate use of such electronic methods and retention of such
reproductions by businesses, hobbyists, press or others shall
not be unduly restricted.
``(3) The making or importation of motion-picture films,
microfilms, or slides, for projection upon a screen or for use
in telecasting, of postage and revenue stamps and other
obligations and securities of the United States, and postage
and revenue stamps, notes, bonds, and other obligations or
securities of any foreign government, bank, or corporation. No
prints or other reproductions shall be made from such films or
slides, except for the purposes of paragraph (1), without the
permission of the Secretary of the Treasury. For the purposes
of this section the term `postage stamp' includes postage meter
stamps.
``Sec. 713. Seals of courts; signatures of judges or court officers
``Whoever forges the signature of any judge, register, or other
officer of any court of the United States, or of any Territory thereof,
or forges or counterfeits the seal of any such court, or knowingly
concurs in using any such forged or counterfeit signature or seal, for
the purpose of authenticating any proceeding or document, or tenders in
evidence any such proceeding or document with a false or counterfeit
signature of any such judge, register, or other officer, or a false or
counterfeit seal of the court, subscribed or attached thereto, knowing
such signature or seal to be false or counterfeit, shall be imprisoned
not more than five years.
``Sec. 714. Seals of departments or agencies
``(a) Offense.--Whoever--
``(1) falsely makes, forges, counterfeits, mutilates, or
alters the seal of any department or agency of the United
States, or any facsimile thereof;
``(2) knowingly uses, affixes, or impresses any such
fraudulently made, forged, counterfeited, mutilated, or altered
seal or facsimile thereof to or upon any certificate,
instrument, commission, document, or paper of any description;
or
``(3) with fraudulent intent, possesses, sells, offers for
sale, furnishes, offers to furnish, gives away, offers to give
away, transports, offers to transport, imports, or offers to
import any such seal or facsimile thereof, knowing the same to
have been so falsely made, forged, counterfeited, mutilated, or
altered,
shall be imprisoned not more than 5 years.
``(b) Increased Penalty.--Notwithstanding subsection (a) or any other
provision of law, if a forged, counterfeited, mutilated, or altered
seal of a department or agency of the United States, or any facsimile
thereof, is--
``(1) so forged, counterfeited, mutilated, or altered;
``(2) used, affixed, or impressed to or upon any certificate,
instrument, commission, document, or paper of any description;
or
``(3) with fraudulent intent, possessed, sold, offered for
sale, furnished, offered to furnish, given away, offered to
give away, transported, offered to transport, imported, or
offered to import,
with the intent or effect of facilitating an alien's application for,
or receipt of, a Federal benefit to which the alien is not entitled,
the penalties which may be imposed for each offense under subsection
(a) shall be two times the maximum fine, and 3 times the maximum term
of imprisonment, or both, that would otherwise be imposed for an
offense under subsection (a).
``(c) Definitions.--For purposes of this section--
``(1) the term `Federal benefit' means--
``(A) the issuance of any grant, contract, loan,
professional license, or commercial license provided by
any agency of the United States or by appropriated
funds of the United States; and
``(B) any retirement, welfare, Social Security,
health (including treatment of an emergency medical
condition in accordance with section 1903(v) of the
Social Security Act (19 U.S.C. 1396b(v))), disability,
veterans, public housing, education, supplemental
nutrition assistance program benefits, or unemployment
benefit, or any similar benefit for which payments or
assistance are provided by an agency of the United
States or by appropriated funds of the United States;
and
``(2) each instance of forgery, counterfeiting, mutilation,
or alteration shall constitute a separate offense under this
section.
``Sec. 715. Forging endorsements on Treasury checks or bonds or
securities of the United States
``(a) In General.--Whoever, with intent to defraud--
``(1) falsely makes or forges any endorsement or signature on
a Treasury check or bond or security of the United States; or
``(2) passes, utters, or publishes, or attempts to pass,
utter, or publish, any Treasury check or bond or security of
the United States bearing a falsely made or forged endorsement
or signature;
shall be imprisoned not more than ten years.
``(b) Sale Exchange and Similar Conduct.--Whoever, with knowledge
that such Treasury check or bond or security of the United States is
stolen or bears a falsely made or forged endorsement or signature buys,
sells, exchanges, receives, delivers, retains, or conceals any such
Treasury check or bond or security of the United States shall be
imprisoned not more than ten years.
``(c) Reduced Penalty.--If the face value of the Treasury check or
bond or security of the United States or the aggregate face value, if
more than one Treasury check or bond or security of the United States,
does not exceed $1,000, in any of the above-mentioned offenses, the
penalty shall be imprisonment for not more than one year.
``Sec. 716. Altering or removing motor vehicle identification numbers
``(a) Offense.--Whoever--
``(1) knowingly removes, obliterates, tampers with, or alters
an identification number for a motor vehicle or motor vehicle
part; or
``(2) with intent to further the theft of a motor vehicle,
knowingly removes, obliterates, tampers with, or alters a decal
or device affixed to a motor vehicle pursuant to the Motor
Vehicle Theft Prevention Act,
shall be imprisoned not more than 5 years.
``(b) Exclusion.--
``(1) Generally.--Subsection (a) does not apply to a removal,
obliteration, tampering, or alteration by a person specified in
paragraph (2) (unless such person knows that the vehicle or
part involved is stolen).
``(2) Persons referred to in paragraph (1).--The persons
referred to in paragraph (1) of this subsection are--
``(A) a motor vehicle scrap processor or a motor
vehicle demolisher who complies with applicable State
law with respect to such vehicle or part;
``(B) a person who repairs such vehicle or part, if
the removal, obliteration, tampering, or alteration is
reasonably necessary for the repair;
``(C) a person who restores or replaces an
identification number for such vehicle or part in
accordance with applicable State law; and
``(D) a person who removes, obliterates, tampers
with, or alters a decal or device affixed to a motor
vehicle pursuant to the Motor Vehicle Theft Prevention
Act, if that person is the owner of the motor vehicle,
or is authorized to remove, obliterate, tamper with or
alter the decal or device by--
``(i) the owner or his authorized agent;
``(ii) applicable State or local law; or
``(iii) regulations promulgated by the
Attorney General to implement the Motor Vehicle
Theft Prevention Act.
``(c) Definitions for Section.--As used in this section--
``(1) the term `identification number' means a number or
symbol that is inscribed or affixed for purposes of
identification under chapter 301 and part C of subtitle VI of
title 49;
``(2) the term `motor vehicle' has the meaning given that
term in section 32101 of title 49;
``(3) the term `motor vehicle demolisher' means a person,
including any motor vehicle dismantler or motor vehicle
recycler, who is engaged in the business of reducing motor
vehicles or motor vehicle parts to metallic scrap that is
unsuitable for use as either a motor vehicle or a motor vehicle
part;
``(4) the term `motor vehicle scrap processor' means a
person--
``(A) who is engaged in the business of purchasing
motor vehicles or motor vehicle parts for reduction to
metallic scrap for recycling;
``(B) who, from a fixed location, uses machinery to
process metallic scrap into prepared grades; and
``(C) whose principal product is metallic scrap for
recycling;
but such term does not include any activity of any such person
relating to the recycling of a motor vehicle or a motor vehicle
part as a used motor vehicle or a used motor vehicle part; and
``(5) the term `tampers with' includes covering a program
decal or device affixed to a motor vehicle pursuant to the
Motor Vehicle Theft Prevention Act for the purpose of
obstructing its visibility.
``Sec. 717. Securities of the States and private entities
``(a) Counterfeit Securities.--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 that operates in or affecting commerce, with intent to
deceive another person shall be imprisoned for not more than ten years.
``(b) Implements.--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 imprisonment for not more than ten years.
``(c) Definitions.--As used in 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; and
``(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.
``Sec. 718. Fictitious obligations
``(a) Offense.--Whoever, with the intent to defraud--
``(1) draws, prints, processes, produces, publishes, or
otherwise makes, or attempts or causes the same, within the
United States;
``(2) passes, utters, presents, offers, brokers, issues,
sells, or attempts or causes the same, or with like intent
possesses, within the United States; or
``(3) utilizes interstate or foreign commerce, including the
use of the mails or wire, radio, or other electronic
communication, to transmit, transport, ship, move, transfer, or
attempts or causes the same, to, from, or through the United
States,
any false or fictitious instrument, document, or other item appearing,
representing, purporting, or contriving through scheme or artifice, to
be an actual security or other financial instrument issued under the
authority of the United States, a foreign government, a State or other
political subdivision of the United States, or an organization, shall
be imprisoned for not more than 25 years.
``(b) Definitions.--For purposes of this section, any term used in
this section that is defined in section 718(c) has the same meaning
given such term in section 718(c).
``(c) Authority of the United States Secret Service.--The United
States Secret Service, in addition to any other agency having such
authority, shall have authority to investigate offenses under this
section.
``CHAPTER 25--FRAUD AND FALSE STATEMENT CRIMES
``Subchapter
Sec.
``A. Fraud and false statements................................... 771
``B. Mail fraud................................................... 801
``SUBCHAPTER A--FRAUD AND FALSE STATEMENTS
``Sec.
``771. Definitions.
``772. Statements or entries generally.
``773. Bank entries, reports, and transactions.
``774. Federal credit institution entries, reports and transactions.
``775. Federal Deposit Insurance Corporation transactions.
``776. Department of Housing and Urban Development and Federal Housing
Administration transactions.
``777. Department of Housing and Urban Development transactions.
``778. Farm loan bonds and credit bank debentures.
``779. Loan and credit applications generally; renewals and discounts;
crop insurance.
``780. Naturalization, citizenship, or alien registry.
``781. Highway projects.
``782. False statements and concealment of facts in relation to
documents required by the Employee Retirement Income Security
Act of 1974.
``783. Fraud and related activity in connection with identification
documents, authentication features, and information.
``784. Aggravated identity theft.
``785. Fraudulent use of credit card.
``786. Fraud and related activity in connection with access devices.
``787. Fraud and related activity in connection with computers.
``788. Major fraud against the United States.
``789. Concealment of assets from conservator, receiver, or liquidating
agent of financial institution.
``790. Crimes by or affecting persons engaged in the business of
insurance whose activities affect interstate commerce.
``791. Civil penalties and injunctions for violations of section 790.
``792. False statements relating to health care matters.
``793. Entry by false pretenses to any real property, vessel, or
aircraft of the United States or secure area of any airport.
``794. Fraud and related activity in connection with electronic mail.
``795. False information and hoaxes.
``796. Fraud and related activity in connection with obtaining
confidential phone records information of a covered entity.
``Sec. 771. Definitions
``As used in this subchapter--
``(1) the term `member bank' means any national bank, state
bank, or bank or trust company, which has become a member of
one of the Federal Reserve banks;
``(2) the term `insured bank' includes any state bank,
banking association, trust company, savings bank, or other
banking institution, the deposits of which are insured by the
Federal Deposit Insurance Corporation;
``(3) the term `branch or agency of a foreign bank' means a
branch or agency described in paragraph (E) of the definition
of financial institution in section 1 of this title; and
``(4) the term `depository institution holding company' has
the meaning given such term in section 3(w)(1) of the Federal
Deposit Insurance Act.
``Sec. 772. Statements or entries generally
``(a) Offense.--Except as otherwise provided in this section,
whoever, in any matter within the jurisdiction of the executive,
legislative, or judicial branch of the Government of the United States,
knowingly--
``(1) falsifies, conceals, or covers up by any trick, scheme,
or device a material fact;
``(2) makes any materially false, fictitious, or fraudulent
statement or representation; or
``(3) makes or uses any false writing or document knowing the
same to contain any materially false, fictitious, or fraudulent
statement or entry;
shall be imprisoned not more than 5 years or, if the offense involves
international or domestic terrorism (as defined in section 2331),
imprisoned not more than 8 years. If the matter relates to an offense
under chapter 13 or section 1265, then the term of imprisonment imposed
under this section shall be not more than 8 years.
``(b) Exclusion.--Subsection (a) does not apply to a party to a
judicial proceeding, or that party's counsel, for statements,
representations, writings or documents submitted by such party or
counsel to a judge or magistrate in that proceeding.
``(c) Application to Matters Within the Jurisdiction of the
Legislative Branch.--With respect to any matter within the jurisdiction
of the legislative branch, subsection (a) shall apply only to--
``(1) administrative matters, including a claim for payment,
a matter related to the procurement of property or services,
personnel or employment practices, or support services, or a
document required by law, rule, or regulation to be submitted
to the Congress or any office or officer within the legislative
branch; or
``(2) any investigation or review, conducted pursuant to the
authority of any committee, subcommittee, commission or office
of the Congress, consistent with applicable rules of the House
or Senate.
``Sec. 773. Bank entries, reports and transactions
``Whoever--
``(1) being an officer, director, agent or employee of any
Federal Reserve bank, member bank, depository institution
holding company, national bank, insured bank, branch or agency
of a foreign bank, or organization operating under section 25
or section 25(a) of the Federal Reserve Act, without authority
from the directors of such bank, branch, agency, or
organization or company, issues or puts in circulation any
notes of such bank, branch, agency, or organization or company;
``(2) without such authority, makes, draws, issues, puts
forth, or assigns any certificate of deposit, draft, order,
bill of exchange, acceptance, note, debenture, bond, or other
obligation, or mortgage, judgment or decree;
``(3) makes any false entry in any book, report, or statement
of such bank, company, branch, agency, or organization with
intent to injure or defraud such bank, company, branch, agency,
or organization, or any other company, body politic or
corporate, or any individual person, or to deceive any officer
of such bank, company, branch, agency, or organization, or the
Comptroller of the Currency, or the Federal Deposit Insurance
Corporation, or any agent or examiner appointed to examine the
affairs of such bank, company, branch, agency, or organization,
or the Board of Governors of the Federal Reserve System; or
``(4) with intent to defraud the United States or any agency
thereof, or any financial institution referred to in this
section, participates or shares in or receives (directly or
indirectly) any money, profit, property, or benefits through
any transaction, loan, commission, contract, or any other act
of any such financial institution;
shall be imprisoned not more than 30 years.
``Sec. 774. Federal credit institution entries, reports, and
transactions
``Whoever, being an officer, agent or employee of or connected in any
capacity with the Federal Deposit Insurance Corporation, National
Credit Union Administration, Office of Thrift Supervision, any Federal
home loan bank, the Federal Housing Finance Agency, the Resolution
Trust Corporation, Farm Credit Administration, Department of Housing
and Urban Development, Federal Crop Insurance Corporation, the
Secretary of Agriculture acting through the Farmers Home Administration
or successor agency, the Rural Development Administration or successor
agency, or the Farm Credit System Insurance Corporation, a Farm Credit
Bank, a bank for cooperatives or any lending, mortgage, insurance,
credit or savings and loan corporation or association authorized or
acting under the laws of the United States or any institution, other
than an insured bank, the accounts of which are insured by the Federal
Deposit Insurance Corporation, or by the National Credit Union
Administration Board or any small business investment company, with
intent to defraud any such institution or any other company, body
politic or corporate, or any individual, or to deceive any officer,
auditor, examiner or agent of any such institution or of department or
agency of the United States, makes any false entry in any book, report
or statement of or to any such institution, or without being duly
authorized, draws any order or bill of exchange, makes any acceptance,
or issues, puts forth or assigns any note, debenture, bond or other
obligation, or draft, bill of exchange, mortgage, judgment, or decree,
or, with intent to defraud the United States or any agency thereof, or
any corporation, institution, or association referred to in this
section, participates or shares in or receives directly or indirectly
any money, profit, property, or benefits through any transaction, loan,
commission, contract, or any other act of any such corporation,
institution, or association, shall be imprisoned not more than 30
years.
``Sec. 775. Federal Deposit Insurance Corporation transactions
``Whoever, for the purpose of influencing in any way the action of
the Federal Deposit Insurance Corporation, knowingly makes or invites
reliance on a false, forged, or counterfeit statement, document, or
thing shall be imprisoned not more than 30 years.
``Sec. 776. Department of Housing and Urban Development and Federal
Housing Administration transactions
``Whoever, for the purpose of obtaining any loan or advance of credit
from any person, partnership, association, or corporation with the
intent that such loan or advance of credit shall be offered to or
accepted by the Department of Housing and Urban Development for
insurance, or for the purpose of obtaining any extension or renewal of
any loan, advance of credit, or mortgage insured by such Department, or
the acceptance, release, or substitution of any security on such a
loan, advance of credit, or for the purpose of influencing in any way
the action of such Department, makes, passes, utters, or publishes any
statement, knowing the same to be false, or alters, forges, or
counterfeits any instrument, paper, or document, or utters, publishes,
or passes as true any instrument, paper, or document, knowing it to
have been altered, forged, or counterfeited, or knowingly overvalues
any security, asset, or income, shall be imprisoned not more than two
years.
``Sec. 777. Department of Housing and Urban Development transactions
``Whoever--
``(1) with intent to defraud, makes any false entry in any
book of the Department of Housing and Urban Development or
makes any false report or statement to or for such Department;
``(2) receives any compensation, rebate, or reward, with
intent to defraud such Department or with intent unlawfully to
defeat its purposes; or
``(3) induces or influences such Department to purchase or
acquire any property or to enter into any contract and
knowingly fails to disclose any interest which that person has
in such property or in the property to which such contract
relates, or any special benefit which he expects to receive as
a result of such contract;
shall be imprisoned not more than one year.
``Sec. 778. Farm loan bonds and credit bank debentures
``Whoever deceives, defrauds, or imposes upon, or attempts to
deceive, defraud, or impose upon any person, partnership, corporation,
or association by making any false pretense or representation
concerning the character, issue, security, contents, conditions, or
terms of any farm loan bond, or coupon, issued by any Federal land bank
or banks; or of any debenture, coupon, or other obligation, issued by
any Federal intermediate credit bank or banks; or by falsely pretending
or representing that any farm loan bond, or coupon, is anything other
than, or different from, what it purports to be on the face of said
bond or coupon, shall be imprisoned not more than one year.
``Sec. 779. Loan and credit applications generally; renewals and
discounts; crop insurance
``Whoever knowingly makes any false statement or report, or knowingly
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, 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, the Office of Thrift Supervision, any Federal
home loan bank, the Federal Housing Finance Agency, the Federal Deposit
Insurance Corporation, the Resolution Trust 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), or an organization operating under
section 25 or section 25(a) of the Federal Reserve Act, 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
imprisoned not more than 30 years.
``Sec. 780. Naturalization, citizenship, or alien registry
``(a) Offense.--Whoever--
``(1) knowingly makes any false statement under oath, in any
case, proceeding, or matter relating to, or under, or by virtue
of any law of the United States relating to naturalization,
citizenship, or registry of aliens;
``(2) knowingly, with intent to avoid any duty or liability
imposed or required by law, denies that he has been naturalized
or admitted to be a citizen, after having been so naturalized
or admitted;
``(3) uses or attempts to use any certificate of arrival,
declaration of intention, certificate of naturalization,
certificate of citizenship or other documentary evidence of
naturalization or of citizenship, or any duplicate or copy
thereof, knowing the same to have been procured by fraud or
false evidence or without required appearance or hearing of the
applicant in court or otherwise unlawfully obtained;
``(4) knowingly makes any false certificate, acknowledgment
or statement concerning the appearance before him or the taking
of an oath or affirmation or the signature, attestation or
execution by any person with respect to any application,
declaration, petition, affidavit, deposition, certificate of
naturalization, certificate of citizenship or other paper or
writing required or authorized by the laws relating to
immigration, naturalization, citizenship, or registry of
aliens;
``(5) knowingly makes any false statement or claim that he
is, or at any time has been, a citizen or national of the
United States, with the intent to obtain on behalf of himself,
or any other person, any Federal or State benefit or service,
or to engage unlawfully in employment in the United States; or
``(6) knowingly makes any false statement or claim that he is
a citizen of the United States in order to register to vote or
to vote in any Federal, State, or local election (including an
initiative, recall, or referendum);
shall be imprisoned not more than five years.
``(b) Exclusion.--Subsection (a)(5) does not apply to an alien if
each natural parent of the alien (or, in the case of an adopted alien,
each adoptive parent of the alien) is or was a citizen (whether by
birth or naturalization), the alien permanently resided in the United
States prior to attaining the age of 16, and the alien reasonably
believed at the time of making the false statement or claim that he or
she was a citizen of the United States.
``Sec. 781. Highway projects
``Whoever--
``(1) 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;
``(2) 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
``(3) 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 imprisoned not more than five years.
``Sec. 782. False statements and concealment of facts in relation to
documents required by the Employee Retirement
Income Security Act of 1974
``Whoever, in any document required by title I of the Employee
Retirement Income Security Act of 1974 to be published, or kept as part
of the records of any employee welfare benefit plan or employee pension
benefit plan, or certified to the administrator of any such plan, makes
any false statement or representation of fact, knowing it to be false,
or knowingly conceals, covers up, or fails to disclose any fact the
disclosure of which is required by such title or is necessary to
verify, explain, clarify or check for accuracy and completeness any
report required by such title to be published or any information
required by such title to be certified, shall be imprisoned not more
than five years.
``Sec. 783. Fraud and related activity in connection with
identification documents, authentication features,
and information
``(a) Offense.--Whoever, as made applicable by subsection (c)--
``(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).
``(b) Punishment.--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 592(a)(2));
``(B) in connection with a crime of violence (as
defined in section 584(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 283) or an act of international terrorism (as defined
in section 283(1)); and
``(5) a fine under this title or imprisonment for not more
than one year, or both, in any other case.
``(c) Applicability.--Subsection (a) applies if--
``(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) Definitions.--In this section and section 784--
``(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, or 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, or a sponsoring entity of an
event designated 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, or a sponsoring
entity of an event designated 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;
``(11) 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) Exclusion.--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) 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. 784. Aggravated identity theft
``(a) Offenses.--
``(1) In general.--Whoever, during and in relation to any
felony violation enumerated in subsection (c), knowingly
transfers, possesses, or uses, without lawful authority, a
means of identification of another person shall, in addition to
the punishment provided for such felony, be sentenced to a term
of imprisonment of 2 years.
``(2) Terrorism offense.--Whoever, during and in relation to
any felony violation enumerated in section 273(g)(5)(B),
knowingly transfers, possesses, or uses, without lawful
authority, a means of identification of another person or a
false identification document shall, in addition to the
punishment provided for such felony, be sentenced to a term of
imprisonment of 5 years.
``(b) Consecutive Sentence.--Notwithstanding any other provision of
law--
``(1) a court shall not place on probation any person
convicted of a violation of this section;
``(2) except as provided in paragraph (4), no term of
imprisonment imposed on a person under this section shall run
concurrently with any other term of imprisonment imposed on the
person under any other provision of law, including any term of
imprisonment imposed for the felony during which the means of
identification was transferred, possessed, or used;
``(3) in determining any term of imprisonment to be imposed
for the felony during which the means of identification was
transferred, possessed, or used, a court shall not in any way
reduce the term to be imposed for such crime so as to
compensate for, or otherwise take into account, any separate
term of imprisonment imposed or to be imposed for a violation
of this section; and
``(4) a term of imprisonment imposed on a person for a
violation of this section may, in the discretion of the court,
run concurrently, in whole or in part, only with another term
of imprisonment that is imposed by the court at the same time
on that person for an additional violation of this section,
provided that such discretion shall be exercised in accordance
with any applicable guidelines and policy statements issued by
the Sentencing Commission pursuant to section 994 of title 28.
``(c) Definition.--For purposes of this section, the term `felony
violation enumerated in subsection (c)' means any offense that is a
felony violation of--
``(1) section 641 (relating to theft of public money,
property, or rewards), section 644 (relating to theft,
embezzlement, or misapplication by bank officer or employee),
or section 651 (relating to theft from employee benefit plans);
``(2) section 1091 (relating to false personation of
citizenship);
``(3) section 582(a)(6) (relating to false statements in
connection with the acquisition of a firearm);
``(4) any provision contained in this subchapter (relating to
fraud and false statements), other than this section or section
783(a)(7);
``(5) any provision contained in subchapter B of chapter 25
(relating to mail, bank, and wire fraud);
``(6) any provision contained in subchapter F of chapter 15
(relating to nationality and citizenship);
``(7) section 523 of the Gramm-Leach-Bliley Act (15 U.S.C.
6823) (relating to obtaining customer information by false
pretenses);
``(8) section 243 or 266 of the Immigration and Nationality
Act (8 U.S.C. 1253 and 1306) (relating to knowingly failing to
leave the United States after deportation and creating a
counterfeit alien registration card);
``(9) any provision contained in chapter 8 of title II of the
Immigration and Nationality Act (8 U.S.C. 1321 et seq.)
(relating to various immigration offenses); or
``(10) section 208, 811, 1107(b), 1128B(a), or 1632 of the
Social Security Act (42 U.S.C. 408, 1011, 1307(b), 1320a-7b(a),
and 1383a) (relating to false statements relating to programs
under the Act).
``Sec. 785. Fraudulent use of credit card
``(a) Offense.--Whoever--
``(1) knowingly in a transaction affecting interstate or
foreign commerce, uses any counterfeit, fictitious, altered,
forged, lost, stolen, or fraudulently obtained credit card to
obtain money, goods, services, or anything else of value which
within any one-year period has a value aggregating $1,000 or
more;
``(2) with unlawful intent, transports in interstate or
foreign commerce a counterfeit, fictitious, altered, forged,
lost, stolen, or fraudulently obtained credit card knowing the
same to be counterfeit, fictitious, altered, forged, lost,
stolen, or fraudulently obtained;
``(3) with unlawful intent, uses any instrumentality of
interstate or foreign commerce to sell or transport a
counterfeit, fictitious, altered, forged, lost, stolen, or
fraudulently obtained credit card knowing the same to be
counterfeit, fictitious, altered, forged, lost, stolen, or
fraudulently obtained;
``(4) knowingly receives, conceals, uses, or transports
money, goods, services, or anything else of value (except
tickets for interstate or foreign transportation) which--
``(A)(i) within any one-year period has a value
aggregating $1,000 or more; or
``(ii) has moved in interstate or foreign commerce;
and
``(B) has been obtained with a counterfeit,
fictitious, altered, forged, lost, stolen, or
fraudulently obtained credit card;
``(5) knowingly receives, conceals, uses, sells, or
transports in interstate or foreign commerce one or more
tickets for interstate or foreign transportation, which (1)
within any one-year period have a value aggregating $500 or
more, and (2) have been purchased or obtained with one or more
counterfeit, fictitious, altered, forged, lost, stolen, or
fraudulently obtained credit cards; or
``(6) in a transaction affecting interstate or foreign
commerce furnishes money, property, services, or anything else
of value, which within any one-year period has a value
aggregating $1,000 or more, through the use of any counterfeit,
fictitious, altered, forged, lost, stolen, or fraudulently
obtained credit card knowing the same to be counterfeit,
fictitious, altered, forged, lost, stolen, or fraudulently
obtained;
shall be imprisoned not more than ten years.
``(b) Definitions.--A term used in this section that has a definition
for the purposes of the Consumer Credit Protection Act has that same
definition for the purposes of this section.
``Sec. 786. Fraud and related activity in connection with access
devices
``(a) Offense.--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) Penalties.--The punishment for an offense under subsection (a)
is--
``(1) in the case of an offense that does not occur after a
conviction for another offense under this section--
``(A) 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
``(B) 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;
and
``(2) 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.
``(c) Extraterritorial Jurisdication.--There is extraterritorial
jurisdiction over an offense under this subsection 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.
``(d) Authority of United States Secret Service.--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) Official Duty Exclusion.--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) Bussiness Exclusion.--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.
``(g) Affirmative Defense.--In a prosecution for a violation of
subsection (a)(9), (other than a violation consisting of producing or
trafficking) it is an affirmative defense that the conduct charged was
engaged in for research or development in connection with a lawful
purpose.
``(h) Definitions.--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.
``Sec. 787. Fraud and related activity in connection with computers
``(a) Offense.--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 knowingly 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 knowingly 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; or
``(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) Punishment.--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),
(a)(5)(A)(iii), 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), (a)(5)(A)(iii), 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 paragraph (5), a fine under
this title, imprisonment for not more than 10 years, or both,
in the case of an offense under subsection (a)(5)(A)(i), or an
attempt to commit an offense punishable under that subsection;
``(B) a fine under this title, imprisonment for not more than
5 years, or both, in the case of an offense under subsection
(a)(5)(A)(ii), or an attempt to commit an offense punishable
under that subsection; and
``(C) except as provided in paragraph (5), a fine under this
title, imprisonment for not more than 20 years, or both, in the
case of an offense under subsection (a)(5)(A)(i) or
(a)(5)(A)(ii), or an attempt to commit an offense punishable
under either subsection, that occurs after a conviction for
another offense under this section; and
``(5)(A) if the offender knowingly or recklessly causes or
attempts to cause serious bodily injury from conduct in
violation of subsection (a)(5)(A)(i), a fine under this title
or imprisonment for not more than 20 years, or both; and
``(B) if the offender knowingly or recklessly causes or
attempts to cause death from conduct in violation of subsection
(a)(5)(A)(i), a fine under this title or imprisonment for any
term of years or for life, or both.
``(c) Investigative Authority.--
``(1) United states secret service.--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) Federal bureau of investigation.--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) Agreement.--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.
``(d) Definitions.--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 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 `financial record' means information derived
from any record held by a financial institution pertaining to a
customer's relationship with the financial institution;
``(4) 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;
``(5) 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;
``(6) the term `damage' means any impairment to the integrity
or availability of data, a program, a system, or information;
``(7) 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;
``(8) 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; and
``(9) 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.
``(e) Exclusion.--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.
``(f) Civil Action.--Whoever 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
clause (i), (ii), (iii), (iv), or (v) of subsection (a)(5)(B). Damages
for a violation involving only conduct described in subsection
(a)(5)(B)(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.
``Sec. 788. Major fraud against the United States
``(a) Offense.--Whoever knowingly executes, or attempts to execute,
any scheme or artifice with the intent--
``(1) to defraud the United States; or
``(2) to obtain money or property by means of false or
fraudulent pretenses, representations, or promises,
in any procurement of property or services as a prime contractor with
the United States or as a subcontractor or supplier on a contract in
which there is a prime contract with the United States, if the value of
the contract, subcontract, or any constituent part thereof, for such
property or services is $1,000,000 or more shall, subject to the
applicability of subsection (c) of this section, be imprisoned not more
than 10 years.
``(b) Increased Fine.--The fine imposed for an offense under this
section may exceed the maximum otherwise provided by law, if such fine
does not exceed $5,000,000 and--
``(1) the gross loss to the Government or the gross gain to a
defendant is $500,000 or greater; or
``(2) the offense involves a conscious or reckless risk of
serious personal injury.
``(c) Increased Fine on Multiple Counts.--The maximum fine imposed
upon a defendant for a prosecution including a prosecution with
multiple counts under this section shall not exceed $10,000,000.
``(d) Disclaimer.--Nothing in this section shall preclude a court
from imposing any other sentences available under this title, including
a fine up to twice the amount of the gross loss or gross gain involved
in the offense pursuant to section 3571(d).
``(e) Limitation.--A prosecution of an offense under this section may
be commenced any time not later than 7 years after the offense is
committed, plus any additional time otherwise allowed by law.
``(f) Whistleblower.--Any individual who--
``(1) is discharged, demoted, suspended, threatened,
harassed, or in any other manner discriminated against in the
terms and conditions of employment by an employer because of
lawful acts done by the employee on behalf of the employee or
others in furtherance of a prosecution under this section
(including investigation for, initiation of, testimony for, or
assistance in such prosecution), and
``(2) was not a participant in the unlawful activity that is
the subject of such prosecution;
may, in a civil action, obtain all relief necessary to make such
individual whole. Such relief shall include reinstatement with the same
seniority status such individual would have had but for the
discrimination, 2 times the amount of back pay, interest on the back
pay, and compensation for any special damages sustained as a result of
the discrimination, including litigation costs and reasonable
attorney's fees.
``Sec. 789. Concealment of assets from conservator, receiver, or
liquidating agent of financial institution
``Whoever--
``(1) knowingly conceals an asset or property from the
Federal Deposit Insurance Corporation, acting as conservator or
receiver or in the Corporation's corporate capacity with
respect to any asset acquired or liability assumed by the
Corporation under section 11, 12, or 13 of the Federal Deposit
Insurance Act, the Resolution Trust Corporation, any
conservator appointed by the Comptroller of the Currency or the
Director of the Office of Thrift Supervision, or the National
Credit Union Administration Board, acting as conservator or
liquidating agent;
``(2) corruptly impedes the functions of such Corporation,
Board, or conservator; or
``(3) corruptly places an asset or property beyond the reach
of such Corporation, Board, or conservator,
shall be imprisoned not more than 5 years.
``Sec. 790. Crimes by or affecting persons engaged in the business of
insurance whose activities affect interstate
commerce
``(a) False Statement Offense.--(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 knowingly 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) Embezzlement and Similar Conduct.--(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,
knowingly 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 imprisoned not more than one year.
``(c) False Entries.--(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) Obstruction.--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 imprisoned not
more than 10 years.
``(e) Disqualification for Insurance Business.--(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 knowingly engages in the business of insurance whose
activities affect interstate commerce or participates in such business,
shall be imprisoned not more than 5 years.
``(B) Any individual who is engaged in the business of insurance
whose activities affect interstate commerce and who knowingly permits
the participation described in subparagraph (A) shall be imprisoned not
more than 5 years.
``(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) Definitions.--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; and
``(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.
``Sec. 791. Civil penalties and injunctions for violations of section
790
``(a) Civil Penalty.--The Attorney General may bring a civil action
in the appropriate United States district court against any person who
engages in conduct constituting an offense under section 790 and, upon
proof of such conduct by a preponderance of the evidence, such person
shall be subject to a civil penalty of not more than $50,000 for each
violation or the amount of compensation which the person received or
offered for the prohibited conduct, whichever amount is greater. If the
offense has contributed to the decision of a court of appropriate
jurisdiction to issue an order directing the conservation,
rehabilitation, or liquidation of an insurer, such penalty shall be
remitted to the appropriate regulatory official for the benefit of the
policyholders, claimants, and creditors of such insurer. The imposition
of a civil penalty under this subsection does not preclude any other
criminal or civil statutory, common law, or administrative remedy,
which is available by law to the United States or any other person.
``(b) Order Prohibiting.--If the Attorney General has reason to
believe that a person is engaged in conduct constituting an offense
under section 790, the Attorney General may petition an appropriate
United States district court for an order prohibiting that person from
engaging in such conduct. The court may issue an order prohibiting that
person from engaging in such conduct if the court finds that the
conduct constitutes such an offense. The filing of a petition under
this section does not preclude any other remedy which is available by
law to the United States or any other person.
``Sec. 792. False statements relating to health care matters
``Whoever, in any matter involving a health care benefit program,
knowingly--
``(1) falsifies, conceals, or covers up by any trick, scheme,
or device a material fact; or
``(2) makes any materially false, fictitious, or fraudulent
statements or representations, or makes or uses any materially
false writing or document knowing the same to contain any
materially false, fictitious, or fraudulent statement or entry,
in connection with the delivery of or payment for health care
benefits, items, or services, shall be imprisoned not more than
5 years.
``Sec. 793. Entry by false pretenses to any real property, vessel, or
aircraft of the United States or secure area of any
airport or seaport
``(a) Offense.--Whoever, by any fraud or false pretense, enters--
``(1) any real property belonging in whole or in part to, or
leased by, the United States;
``(2) any vessel or aircraft belonging in whole or in part
to, or leased by, the United States;
``(3) any secure or restricted area of any seaport,
designated as secure in an approved security plan, as required
under section 70103 of title 46 and the rules and regulations
promulgated under that section; or
``(4) any secure area of any airport, shall be punished as
provided in subsection (b).
``(b) The punishment for an offense under subsection (a) is--
``(1) imprisonment for not more than 10 years, if the offense
is committed with the intent to commit a felony; or
``(2) imprisonment for not more than 6 months, in any other
case.
``(c) As used in this section--
``(1) the term `secure area' means an area access to which is
restricted by the airport authority, captain of the seaport, or
a public agency; and
``(2) the term `airport' has the meaning given such term in
section 47102 of title 49.
``Sec. 794. Fraud and related activity in connection with electronic
mail
``(a) In General.--Whoever, in or affecting interstate or foreign
commerce, knowingly--
``(1) accesses a protected computer without authorization,
and intentionally initiates the transmission of multiple
commercial electronic mail messages from or through such
computer,
``(2) uses a protected computer to relay or retransmit
multiple commercial electronic mail messages, with the intent
to deceive or mislead recipients, or any Internet access
service, as to the origin of such messages,
``(3) materially falsifies header information in multiple
commercial electronic mail messages and intentionally initiates
the transmission of such messages,
``(4) registers, using information that materially falsifies
the identity of the actual registrant, for five or more
electronic mail accounts or online user accounts or two or more
domain names, and intentionally initiates the transmission of
multiple commercial electronic mail messages from any
combination of such accounts or domain names, or
``(5) falsely represents oneself to be the registrant or the
legitimate successor in interest to the registrant of 5 or more
Internet Protocol addresses, and intentionally initiates the
transmission of multiple commercial electronic mail messages
from such addresses shall be punished as provided in subsection
(b).
``(b) Penalties.--The punishment for an offense under subsection (a)
is--
``(1) a fine under this title, imprisonment for not more than
5 years, or both, if--
``(A) the offense is committed in furtherance of any
felony under the laws of the United States or of any
State; or
``(B) the defendant has previously been convicted
under this section or section 1030, or under the law of
any State for conduct involving the transmission of
multiple commercial electronic mail messages or
unauthorized access to a computer system;
``(2) a fine under this title, imprisonment for not more than
3 years, or both, if--
``(A) the offense is an offense under subsection
(a)(1);
``(B) the offense is an offense under subsection
(a)(4) and involved 20 or more falsified electronic
mail or online user account registrations, or 10 or
more falsified domain name registrations;
``(C) the volume of electronic mail messages
transmitted in furtherance of the offense exceeded
2,500 during any 24-hour period, 25,000 during any 30-
day period, or 250,000 during any 1-year period;
``(D) the offense caused loss to one or more persons
aggregating $5,000 or more in value during any 1-year
period;
``(E) as a result of the offense any individual
committing the offense obtained anything of value
aggregating $5,000 or more during any 1-year period; or
``(F) the offense was undertaken by the defendant in
concert with three or more other persons with respect
to whom the defendant occupied a position of organizer
or leader; and
``(3) a fine under this title or imprisonment for not more
than 1 year, or both, in any other case.
``(c) Definitions.--For the purposes of this section--
``(1) the term `loss' has the meaning given that term in
section 787;
``(2) for purposes of paragraphs (3) and (4) of subsection
(a), header information or registration information is
materially falsified if it is altered or concealed in a manner
that would impair the ability of a recipient of the message, an
Internet access service processing the message on behalf of a
recipient, a person alleging a violation of this section, or a
law enforcement agency to identify, locate, or respond to a
person who initiated the electronic mail message or to
investigate the alleged violation;
``(3) the term `multiple' means more than 100 electronic mail
messages during a 24-hour period, more than 1,000 electronic
mail messages during a 30-day period, or more than 10,000
electronic mail messages during a 1-year period; and
``(4) any other term has the meaning given that term by
section 3 of the CAN-SPAM Act of 2003.
``Sec. 795. False information and hoaxes
``(a) Criminal Violation.--
``(1) In general.--Whoever engages in any conduct with intent
to convey false or misleading information under circumstances
where such information may reasonably be believed and where
such information indicates that an activity has taken, is
taking, or will take place that would constitute a violation of
subchapter A of chapter 33 and subchapters B, D, E, and F of
chapter 21, section 236 of the Atomic Energy Act of 1954 (42
U.S.C. 2284), or section 46502, the second sentence of section
46504, section 46505(b)(3) or (c), section 46506 if homicide or
attempted homicide is involved, or section 60123(b) of title
49, shall--
``(A) be imprisoned not more than 5 years;
``(B) if serious bodily injury results, be imprisoned
not more than 20 years; and
``(C) if death results, be imprisoned for any number
of years up to life.
``(2) Armed forces.--Whoever makes a false statement, with
intent to convey false or misleading information, about the
death, injury, capture, or disappearance of a member of the
Armed Forces of the United States during a war or armed
conflict in which the United States is engaged--
``(A) shall be imprisoned not more than 5 years;
``(B) if serious bodily injury results, shall be
imprisoned not more than 20 years; and
``(C) if death results, shall be imprisoned for any
number of years or for life.
``(b) Civil Action.--Whoever engages in any conduct with intent to
convey false or misleading information under circumstances where such
information may reasonably be believed and where such information
indicates that an activity has taken, is taking, or will take place
that would constitute a violation of subchapter A of chapter 33 and
subchapters B, D, E, and F of chapter 21, section 236 of the Atomic
Energy Act of 1954 (42 U.S.C. 2284), or section 46502, the second
sentence of section 46504, section 46505 (b)(3) or (c), section 46506
if homicide or attempted homicide is involved, or section 60123(b) of
title 49 is liable in a civil action to any party incurring expenses
incident to any emergency or investigative response to that conduct,
for those expenses.
``(c) Reimbursement.--
``(1) In general.--The court, in imposing a sentence on a
defendant who has been convicted of an offense under subsection
(a), shall order the defendant to reimburse any state or local
government, or private not-for-profit organization that
provides fire or rescue service incurring expenses incident to
any emergency or investigative response to that conduct, for
those expenses.
``(2) Liability.--A person ordered to make reimbursement
under this subsection shall be jointly and severally liable for
such expenses with each other person, if any, who is ordered to
make reimbursement under this subsection for the same expenses.
``(3) Civil judgment.--An order of reimbursement under this
subsection shall, for the purposes of enforcement, be treated
as a civil judgment.
``(d) Activities of Law Enforcement.--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
political subdivision of a State, or of an intelligence agency of the
United States.
``Sec. 796. Fraud and related activity in connection with obtaining
confidential phone records information of a covered
entity
``(a) Criminal Violation.--Whoever, in interstate or foreign
commerce, knowingly and intentionally obtains, or attempts to obtain,
confidential phone records information of a covered entity, by--
``(1) making false or fraudulent statements or
representations to an employee of a covered entity;
``(2) making such false or fraudulent statements or
representations to a customer of a covered entity;
``(3) providing a document to a covered entity knowing that
such document is false or fraudulent; or
``(4) accessing customer accounts of a covered entity via the
Internet, or by means of conduct that violates section 1030 of
this title, without prior authorization from the customer to
whom such confidential phone records information relates;
shall be imprisoned for not more than 10 years.
``(b) Prohibition on Sale or Transfer of Confidential Phone Records
Information.--
``(1) Except as otherwise permitted by applicable law,
whoever, in interstate or foreign commerce, knowingly and
intentionally sells or transfers, or attempts to sell or
transfer, confidential phone records information of a covered
entity, without prior authorization from the customer to whom
such confidential phone records information relates, or knowing
or having reason to know such information was obtained
fraudulently, shall be imprisoned not more than 10 years.
``(2) For purposes of this subsection, the exceptions
specified in section 222(d) of the Communications Act of 1934
shall apply for the use of confidential phone records
information by any covered entity, as defined in subsection
(h).
``(c) Prohibition on Purchase or Receipt of Confidential Phone
Records Information.--
``(1) Except as otherwise permitted by applicable law,
whoever, in interstate or foreign commerce, knowingly and
intentionally purchases or receives, or attempts to purchase or
receive, confidential phone records information of a covered
entity, without prior authorization from the customer to whom
such confidential phone records information relates, or knowing
or having reason to know such information was obtained
fraudulently, shall be imprisoned not more than 10 years.
``(2) For purposes of this subsection, the exceptions
specified in section 222(d) of the Communications Act of 1934
shall apply for the use of confidential phone records
information by any covered entity, as defined in subsection
(h).
``(d) Enhanced Penalties for Aggravated Cases.--Whoever violates, or
attempts to violate, subsection (a), (b), or (c) while violating
another law of the United States or as part of a pattern of any illegal
activity involving more than $100,000, or more than 50 customers of a
covered entity, in a 12-month period shall, in addition to the
penalties provided for in such subsection, be imprisoned for not more
than 5 years.
``(e) Enhanced Penalties for Use of Information in Furtherance of
Certain Criminal Offenses.--
``(1) Whoever, violates, or attempts to violate, subsection
(a), (b), or (c) knowing that such information may be used in
furtherance of, or with the intent to commit, an offense
described in section 2261, 2261A, 2262, or any other crime of
violence shall, in addition to the penalties provided for in
such subsection, be imprisoned not more than 5 years.
``(2) Whoever, violates, or attempts to violate, subsection
(a), (b), or (c) knowing that such information may be used in
furtherance of, or with the intent to commit, an offense under
section 111, 115, 1114, 1503, 1512, 1513, or to intimidate,
threaten, harass, injure, or kill any Federal, State, or local
law enforcement officer shall, in addition to the penalties
provided for in such subsection, be and imprisoned not more
than 5 years.
``(f) Extraterritorial Jurisdiction.--There is extraterritorial
jurisdiction over an offense under this section.
``(g) Nonapplicability to Law Enforcement Agencies.--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 political subdivision of a State, or of an intelligence
agency of the United States.
``(h) Definitions.--In this section:
``(1) Confidential phone records information.--The term
`confidential phone records information' means information
that--
``(A) relates to the quantity, technical
configuration, type, destination, location, or amount
of use of a service offered by a covered entity,
subscribed to by any customer of that covered entity,
and kept by or on behalf of that covered entity solely
by virtue of the relationship between that covered
entity and the customer;
``(B) is made available to a covered entity by a
customer solely by virtue of the relationship between
that covered entity and the customer; or
``(C) is contained in any bill, itemization, or
account statement provided to a customer by or on
behalf of a covered entity solely by virtue of the
relationship between that covered entity and the
customer.
``(2) Covered entity.--The term `covered entity'--
``(A) has the same meaning given the term
`telecommunications carrier' in section 3 of the
Communications Act of 1934 (47 U.S.C. 153); and
``(B) includes any provider of IP-enabled voice
service.
``(3) Customer.--The term `customer' means, with respect to a
covered entity, any individual, partnership, association, joint
stock company, trust, or corporation, or authorized
representative of such customer, to whom the covered entity
provides a product or service.
``(4) Ip-enabled voice service.--The term `IP-enabled voice
service' means the provision of real-time voice communications
offered to the public, or such class of users as to be
effectively available to the public, transmitted through
customer premises equipment using TCP/IP protocol, or a
successor protocol, (whether part of a bundle of services or
separately) with interconnection capability such that the
service can originate traffic to, or terminate traffic from,
the public switched telephone network, or a successor network.
``SUBCHAPTER B--MAIL FRAUD
``Sec.
``801. Frauds and swindles.
``802. Fictitious name or address.
``803. Fraud by wire, radio, or television.
``804. Bank fraud.
``805. Definition of `scheme or artifice to defraud'.
``806. Health care fraud.
``807. Securities fraud.
``808. Failure of corporate officers to certify financial reports.
``Sec. 801. Frauds and swindles
``Whoever, having devised or intending to devise any scheme or
artifice to defraud, or for obtaining money or property by means of
false or fraudulent pretenses, representations, or promises, or to
sell, dispose of, loan, exchange, alter, give away, distribute, supply,
or furnish or procure for unlawful use any counterfeit or spurious
coin, obligation, security, or other article, or anything represented
to be or intimated or held out to be such counterfeit or spurious
article, for the purpose of executing such scheme or artifice or
attempting so to do, places in any post office or authorized depository
for mail matter, any matter or thing whatever to be sent or delivered
by the Postal Service, or deposits or causes to be deposited any matter
or thing whatever to be sent or delivered by any private or commercial
interstate carrier, or takes or receives therefrom, any such matter or
thing, or knowingly causes to be delivered by mail or such carrier
according to the direction thereon, or at the place at which it is
directed to be delivered by the person to whom it is addressed, any
such matter or thing, shall be imprisoned not more than 20 years. If
the violation affects a financial institution, such person shall be
imprisoned not more than 30 years.
``Sec. 802. Fictitious name or address
``Whoever, for the purpose of conducting, promoting, or carrying on
by means of the Postal Service, any scheme or device mentioned in
section 801 or any other unlawful business, uses or assumes, or
requests to be addressed by, any fictitious, false, or assumed title,
name, or address or name other than his own proper name, or takes or
receives from any post office or authorized depository of mail matter,
any letter, postal card, package, or other mail matter addressed to any
such fictitious, false, or assumed title, name, or address, or name
other than his or her own proper name, shall be imprisoned not more
than five years.
``Sec. 803. Fraud by wire, radio, or television
``Whoever, having devised or intending to devise any scheme or
artifice to defraud, or for obtaining money or property by means of
false or fraudulent pretenses, representations, or promises, transmits
or causes to be transmitted by means of wire, radio, or television
communication in interstate or foreign commerce, any writings, signs,
signals, pictures, or sounds for the purpose of executing such scheme
or artifice, shall be imprisoned not more than 20 years. If the
violation affects a financial institution, such person shall be
imprisoned not more than 30 years.
``Sec. 804. Bank fraud
``Whoever knowingly executes, a scheme or artifice--
``(1) to defraud a financial institution; or
``(2) to obtain any of the moneys, funds, credits, assets,
securities, or other property owned by, or under the custody or
control of, a financial institution, by means of false or
fraudulent pretenses, representations, or promises;
shall be imprisoned not more than 30 years.
``Sec. 805. Definition of `scheme or artifice to defraud'
``For the purposes of this subchapter, the term `scheme or artifice
to defraud' includes a scheme or artifice to deprive another of the
intangible right of honest services.
``Sec. 806. Health care fraud
``Whoever knowingly executes 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 imprisoned not more than 10 years. If the
violation results in serious bodily injury (as defined in section 1204
of this title), such person shall be imprisoned not more than 20 years;
and if the violation results in death, such person shall be imprisoned
for any term of years or for life.
``Sec. 807. Securities fraud
``Whoever knowingly executes a scheme or artifice--
``(1) to defraud any person in connection with any security
of an issuer with a class of securities registered under
section 12 of the Securities Exchange Act of 1934 or that is
required to file reports under section 15(d) of the Securities
Exchange Act of 1934; or
``(2) to obtain, by means of false or fraudulent pretenses,
representations, or promises, any money or property in
connection with the purchase or sale of any security of an
issuer with a class of securities registered under section 12
of the Securities Exchange Act of 1934 or that is required to
file reports under section 15(d) of the Securities Exchange Act
of 1934;
shall be imprisoned not more than 25 years.
``Sec. 808. Failure of corporate officers to certify financial reports
``(a) Certification of Periodic Financial Reports.--Each periodic
report containing financial statements filed by an issuer with the
Securities Exchange Commission pursuant to section 13(a) or 15(d) of
the Securities Exchange Act of 1934 shall be accompanied by a written
statement by the chief executive officer and chief financial officer
(or equivalent thereof) of the issuer.
``(b) Content.--The statement required under subsection (a) shall
certify that the periodic report containing the financial statements
fully complies with the requirements of section 13(a) or 15(d) of the
Securities Exchange Act of 1934 and that information contained in the
periodic report fairly presents, in all material respects, the
financial condition and results of operations of the issuer.
``(c) Criminal Penalties.--Whoever knowingly--
``(1) certifies any statement as set forth in subsections (a)
and (b) knowing that the periodic report accompanying the
statement does not comport with all the requirements set forth
in this section shall be imprisoned not more than 10 years; or
``(2) certifies any statement as set forth in subsections (a)
and (b) knowing that the periodic report accompanying the
statement does not comport with all the requirements set forth
in this section
shall be imprisoned not more than 20 years.
``CHAPTER 27--CRIMES RELATED TO FEDERAL GOVERNMENT RESPONSIBILITIES
``Subchapter
Sec.
``A. Coins and currency........................................... 851
``B. Customs...................................................... 861
``C. Indians...................................................... 871
``D. Bankruptcy................................................... 881
``E. Civil rights................................................. 891
``F. Foreign relations............................................ 921
``G. Postal service............................................... 941
``H. Special maritime and territorial jurisdiction of the United
States............................................................ 961
``SUBTITLE A--COINS AND CURRENCY
``Sec.
``851. Mutilation, diminution, and falsification of coins.
``852. Mutilation of national bank obligations.
``Sec. 851. Mutilation, diminution, and falsification of coins
``Whoever--
``(1) fraudulently alters, defaces, mutilates, impairs,
diminishes, falsifies, scales, or lightens any of the coins
coined at the mints of the United States, or any foreign coins
which are by law made current or are in actual use or
circulation as money within the United States; or
``(2) fraudulently possesses, passes, utters, publishes, or
sells, or attempts to pass, utter, publish, or sell, or brings
into the United States, any such coin, knowing the same to be
altered, defaced, mutilated, impaired, diminished, falsified,
scaled, or lightened;
shall be imprisoned not more than five years.
``Sec. 852. Mutilation of national bank obligations
``Whoever mutilates, cuts, defaces, disfigures, or perforates, or
unites or cements together, or does any other thing to any bank bill,
draft, note, or other evidence of debt issued by any national banking
association, or Federal Reserve bank, or the Federal Reserve System,
with intent to render such bank bill, draft, note, or other evidence of
debt unfit to be reissued, shall be imprisoned not more than six
months.
``SUBCHAPTER B--CUSTOMS
``Sec.
``861. Entry of goods falsely classified.
``862. Entry of goods by means of false statements.
``863. Smuggling goods into the United States.
``864. Smuggling goods into foreign countries.
``865. Removing goods from customs custody; breaking seals.
``866. Importation or exportation of stolen motor vehicles, off-highway
mobile equipment, vessels, or aircraft.
``867. Smuggling goods from the United States.
``868. Border tunnels and passages.
``Sec. 861. Entry of goods falsely classified
``Whoever knowingly effects any entry of goods, wares, or
merchandise, at less than the true weight or measure thereof, or upon a
false classification as to quality or value, or by the payment of less
than the amount of duty legally due, shall be imprisoned not more than
two years.
``Sec. 862. Entry of goods by means of false statements
``(a) Offense.--Whoever--
``(1) enters or introduces, or attempts to enter or
introduce, into the commerce of the United States any imported
merchandise by means of any fraudulent or false invoice,
declaration, affidavit, letter, paper, or by means of any false
statement, written or verbal, or by means of any false or
fraudulent practice or appliance, or makes any false statement
in any declaration without reasonable cause to believe the
truth of such statement, or procures the making of any such
false statement as to any matter material thereto without
reasonable cause to believe the truth of such statement,
whether or not the United States shall or may be deprived of
any lawful duties; or
``(2) knowingly engages in an act or omission whereby the
United States is or may be deprived of any lawful duties
accruing upon merchandise embraced or referred to in such
invoice, declaration, affidavit, letter, paper, or statement,
or affected by such act or omission;
shall be imprisoned not more than two years.
``(b) Definition.--As used in this section, the term `commerce of the
United States' does not include commerce with Virgin Islands, American
Samoa, Wake Island, Midway Islands, Kingman Reef, Johnston Island, or
Guam.
``Sec. 863. Smuggling goods into the United States
``(a) Offense.--Whoever--
``(1) knowingly and with intent to defraud the United States,
smuggles, or clandestinely introduces or attempts to smuggle or
clandestinely introduce into the United States any merchandise
which should have been invoiced, or makes out or passes, or
attempts to pass, through the customhouse any false, forged, or
fraudulent invoice, or other document or paper; or
``(2) fraudulently or knowingly imports or brings into the
United States, any merchandise contrary to law, or receives,
conceals, buys, sells, or in any manner facilitates the
transportation, concealment, or sale of such merchandise after
importation, knowing the same to have been imported or brought
into the United States contrary to law;
shall be imprisoned not more than 20 years.
``(b) Definition.--The term `United States', as used in this section,
does not include Virgin Islands, American Samoa, Wake Island, Midway
Islands, Kingman Reef, Johnston Island, or Guam.
``Sec. 864. Smuggling goods into foreign countries
``(a) Offense.--Whoever, owning in whole or in part any vessel of the
United States, employs, or participates in, or allows the employment
of, such vessel for the purpose of smuggling, or attempting to smuggle,
or assisting in smuggling, any merchandise into the territory of any
foreign government in violation of the laws there in force, if under
the laws of such foreign government any penalty or forfeiture is
provided for violation of the laws of the United States respecting the
customs revenue, and any citizen of, or person domiciled in, or any
corporation incorporated in, the United States, controlling or
substantially participating in the control of any such vessel, directly
or indirectly, whether through ownership of corporate shares or
otherwise, and allowing the employment of said vessel for any such
purpose, and any person found, or discovered to have been, on board of
any such vessel so employed and participating or assisting in any such
purpose, shall be imprisoned not more than two years.
``(b) Hiring or Chartering of Vessels.--It shall constitute an
offense under this section to hire out or charter a vessel if the
lessor or charterer has knowledge or reasonable grounds for belief that
the lessee or person chartering the vessel intends to employ such
vessel for any of the purposes described in this section and if such
vessel is, during the time such lease or charter is in effect, employed
for any such purpose.
``Sec. 865. Removing goods from customs custody; breaking seals
``Whoever knowingly--
``(1) without authority, affixes or attaches a customs seal,
fastening, or mark, or any seal, fastening, or mark purporting
to be a customs seal, fastening, or mark to any vessel,
vehicle, warehouse, or package;
``(2) without authority, removes, breaks, injures, or defaces
any customs seal or other fastening or mark placed upon any
vessel, vehicle, warehouse, or package containing merchandise
or baggage in bond or in customs custody;
``(3) enters any bonded warehouse or any vessel or vehicle
laden with or containing bonded merchandise with intent
unlawfully to remove therefrom any merchandise or baggage
therein, or unlawfully removes any merchandise or baggage in
such vessel, vehicle, or bonded warehouse or otherwise in
customs custody or control; or
``(4) receives or transports any merchandise or baggage
unlawfully removed from any such vessel, vehicle, or warehouse,
knowing the same to have been unlawfully removed;
shall be imprisoned not more than 10 years.
``Sec. 866. Importation or exportation of stolen motor vehicles, off-
highway mobile equipment, vessels, or aircraft
``(a) Offense.--Whoever knowingly imports, exports, or attempts to
import or export--
``(1) any motor vehicle, off-highway mobile equipment,
vessel, aircraft, or part of any motor vehicle, off-highway
mobile equipment, vessel, or aircraft, knowing the same to have
been stolen; or
``(2) any motor vehicle or off-highway mobile equipment or
part of any motor vehicle or off-highway mobile equipment,
knowing that the identification number of such motor vehicle,
equipment, or part has been removed, obliterated, tampered
with, or altered;
shall be imprisoned not more than 10 years.
``(b) Exclusion.--Subsection (a)(2) does not apply if the removal,
obliteration, tampering, or alteration--
``(1) is caused by collision or fire; or
``(2)(A) in the case of a motor vehicle, is not a violation
of section 718 of this title (relating to altering or removing
motor vehicle identification numbers); or
``(B) in the case of off-highway mobile equipment, would not
be a violation of section 718 of this title if such equipment
were a motor vehicle.
``(c) Definitions.--As used in this section--
``(1) the term `motor vehicle' has the meaning given that
term in section 32101 of title 49;
``(2) the term `off-highway mobile equipment' means any self-
propelled agricultural equipment, self-propelled construction
equipment, and self-propelled special use equipment, used or
designed for running on land but not on rail or highway;
``(3) the term `vessel' has the meaning given that term in
section 401 of the Tariff Act of 1930;
``(4) the term `aircraft' has the meaning given that term in
section 40102(a) of title 49; and
``(5) the term `identification number'--
``(A) in the case of a motor vehicle, has the meaning
given that term in section 718 of this title; and
``(B) in the case of any other vehicle or equipment
covered by this section, means a number or symbol
assigned to the vehicle or equipment, or part thereof,
by the manufacturer primarily for the purpose of
identifying such vehicle, equipment, or part.
``Sec. 867. Smuggling goods from the United States
``(a) Offense.--Whoever fraudulently or knowingly exports or sends
from the United States any merchandise, article, or object contrary to
any law or regulation of the United States, or receives, conceals,
buys, sells, or in any manner facilitates the transportation,
concealment, or sale of such merchandise, article or object, prior to
exportation, knowing the same to be intended for exportation contrary
to any law or regulation of the United States, shall be imprisoned not
more than 10 years.
``(b) Definition.--As used in this section, the term `United States'
has the meaning given that term in section 863.
``Sec. 868. Border tunnels and passages
``(a) Construction.--Whoever knowingly constructs or finances the
construction of a tunnel or subterranean passage that crosses the
international border between the United States and another country,
other than a lawfully authorized tunnel or passage known to the
Secretary of Homeland Security and subject to inspection by Immigration
and Customs Enforcement, shall be imprisoned for not more than 20
years.
``(b) Disregarding Construction.--Whoever knows or recklessly
disregards the construction or use of a tunnel or passage described in
subsection (a) on land that the person owns or controls shall be
imprisoned for not more than 10 years.
``(c) Use.--
``(1) Offense.--Whoever uses a tunnel or passage described in
subsection (a) to unlawfully smuggle an alien, goods (in
violation of section 863), controlled substances, weapons of
mass destruction (including biological weapons), or a member of
a terrorist organization shall be subject to a maximum term of
imprisonment that is twice the maximum term of imprisonment
that would have otherwise been applicable had the unlawful
activity not made use of such a tunnel or passage.
``(2) Definition.--As used in this subsection, the term
`terrorist organization' means an organization designated as a
terrorist organization under section 219 of the Immigration and
Nationality Act.
``SUBCHAPTER C--INDIANS
``Sec.
``871. Indian country defined.
``872. Laws governing.
``873. Offenses committed within Indian country.
``874. State jurisdiction over offenses committed by or against Indians
in the Indian country.
``875. Embezzlement and theft from Indian tribal organizations.
``876. Theft from gaming establishments on Indian lands.
``877. Theft by officers or employees of gaming establishments on
Indian lands.
``878. Reporting of child abuse.
``879. Illegal trafficking in Native American human remains and
cultural items.
``Sec. 871. Indian country defined
``The term `Indian country', as used in this subchapter, means--
``(1) all land within the limits of any Indian reservation
under the jurisdiction of the United States Government,
notwithstanding the issuance of any patent, and, including
rights-of-way running through the reservation;
``(2) all dependent Indian communities within the borders of
the United States whether within the original or subsequently
acquired territory thereof, and whether within or without the
limits of a State; and
``(3) all Indian allotments, the Indian titles to which have
not been extinguished, including rights-of-way running through
the same.
``Sec. 872. Laws governing
``(a) Generally.--Except as otherwise expressly provided by law, the
general laws of the United States as to the punishment of offenses
committed in any place within the sole and exclusive jurisdiction of
the United States, except the District of Columbia, shall extend to the
Indian country.
``(b) Limitation.--This section does not extend to offenses committed
by one Indian against the person or property of another Indian, nor to
any Indian committing any offense in the Indian country who has been
punished by the local law of the tribe, or to any case where, by treaty
stipulations, the exclusive jurisdiction over such offenses is or may
be secured to the Indian tribes respectively.
``Sec. 873. Offenses committed within Indian country
``(a) Major Crimes.--Any Indian who commits against the person or
property of another Indian or other person any of the following
offenses, namely, murder, manslaughter, kidnapping, maiming, a felony
under subchapter A of chapter 13, incest, assault with intent to commit
murder, assault with a dangerous weapon, assault resulting in serious
bodily injury (as defined in section 1365 of this title), an assault
against an individual who has not attained the age of 16 years, arson,
burglary, robbery, and a felony under section 661 of this title within
the Indian country, shall be subject to the same law and penalties as
all other persons committing any of the above offenses, within the
exclusive jurisdiction of the United States.
``(b) Definition of Certain Offenses.--Any offense referred to in
subsection (a) of this section that is not defined and punished by
Federal law in force within the exclusive jurisdiction of the United
States shall be defined and punished in accordance with the laws of the
State in which such offense was committed as are in force at the time
of such offense.
``Sec. 874. State jurisdiction over offenses committed by or against
Indians in the Indian country
``(a) In General.--Each State 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 to the
same extent that such State has jurisdiction over offenses committed
elsewhere within the State, and the criminal laws of such State shall
have the same force and effect within such Indian country as they have
elsewhere within the State:
------------------------------------------------------------------------
State 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) Non-Criminal Matters Not Affected.--Nothing in this section--
``(1) authorizes 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;
``(2) authorizes 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
``(3) deprives 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) Nonapplication.--Sections 872 and 873 do not apply within the
areas of Indian country listed in subsection (a) as areas over which a
State has exclusive jurisdiction.
``Sec. 875. Embezzlement and theft from Indian tribal organizations
``(a) Offense.--Whoever embezzles, steals, unlawfully converts,
knowingly misapplies, or knowingly permits to be misapplied, any of the
property belonging to any Indian tribal organization or entrusted to
the custody or care of any officer, employee, or agent of an Indian
tribal organization shall be imprisoned not more than five years; but
if the value of such property does not exceed the sum of $1,000, shall
be imprisoned not more than one year.
``(b) Definition.--As used in this section, the term `Indian tribal
organization' means any tribe, band, or community of Indians which is
subject to the laws of the United States relating to Indian affairs or
any corporation, association, or group which is organized under any of
such laws.
``Sec. 876. Theft from gaming establishments on Indian lands
``Whoever abstracts, purloins, knowingly misapplies, or takes and
carries away with intent to steal, any money, funds, or other property
belonging to a gaming establishment operated by or for or licensed by
an Indian tribe pursuant to an ordinance or resolution approved by the
National Indian Gaming Commission shall be imprisoned for not more than
ten years, but if the value of such property does not exceed $1,000,
shall be imprisoned not more than one year.
``Sec. 877. Theft by officers or employees of gaming establishments on
Indian lands
``Whoever, being an officer, employee, or individual licensee of a
gaming establishment operated by or for or licensed by an Indian tribe
pursuant to an ordinance or resolution approved by the National Indian
Gaming Commission, embezzles, abstracts, purloins, knowingly
misapplies, or takes and carries away with intent to steal, any moneys,
funds, assets, or other property of such establishment shall be
imprisoned for not more than 20 years, but if the value of such
property is $1,000 or less shall be imprisoned not more than five
years.
``Sec. 878. Reporting of child abuse
``(a) Basic Reporting Offense.--Whoever--
``(1) is a--
``(A) physician, surgeon, dentist, podiatrist,
chiropractor, nurse, dental hygienist, optometrist,
medical examiner, emergency medical technician,
paramedic, or health care provider,
``(B) teacher, school counselor, instructional aide,
teacher's aide, teacher's assistant, or bus driver
employed by any tribal, Federal, public or private
school,
``(C) administrative officer, supervisor of child
welfare and attendance, or truancy officer of any
tribal, Federal, public or private school,
``(D) child day care worker, headstart teacher,
public assistance worker, worker in a group home or
residential or day care facility, or social worker,
``(E) psychiatrist, psychologist, or psychological
assistant,
``(F) licensed or unlicensed marriage, family, or
child counselor,
``(G) person employed in the mental health
profession, or
``(H) law enforcement officer, probation officer,
worker in a juvenile rehabilitation or detention
facility, or person employed in a public agency who is
responsible for enforcing statutes and judicial orders;
``(2) knows, or has reasonable suspicion, that--
``(A) a child was abused in Indian country, or
``(B) actions are being taken, or are going to be
taken, that would reasonably be expected to result in
abuse of a child in Indian country; and
``(3) fails to immediately report such abuse or actions
described in paragraph (2) to the local child protective
services agency or local law enforcement agency,
shall be imprisoned for not more than 6 months.
``(b) Offense by Supervisors.--Whoever--
``(1) supervises, or has authority over, a person described
in subsection (a)(1), and
``(2) inhibits or prevents that person from making the report
described in subsection (a),
shall be imprisoned for not more than 6 months.
``(c) Definitions.--As used in this section--
``(1) the term `abuse' includes--
``(A) any case in which--
``(i) a child is dead or exhibits evidence of
skin bruising, bleeding, malnutrition, failure
to thrive, burns, fracture of any bone,
subdural hematoma, soft tissue swelling, and
``(ii) such condition is not justifiably
explained or may not be the product of an
accidental occurrence; and
``(B) any case in which a child is subjected to
sexual assault, sexual molestation, sexual
exploitation, sexual contact, or prostitution;
``(2) the term `child' means an individual who--
``(A) is not married, and
``(B) has not attained 18 years of age;
``(3) the term `local child protective services agency' means
that agency of the Federal Government, of a State, or of an
Indian tribe that has the primary responsibility for child
protection on any Indian reservation or within any community in
Indian country; and
``(4) the term `local law enforcement agency' means that
Federal, tribal, or State law enforcement agency that has the
primary responsibility for the investigation of an instance of
alleged child abuse within the portion of Indian country
involved.
``(d) Immunity From Civil or Criminal Liability for Reporting.--Any
person making a report described in subsection (a) which is based upon
their reasonable belief and which is made in good faith shall be immune
from civil or criminal liability for making that report.
``Sec. 879. Illegal trafficking in Native American human remains and
cultural items
``(a) Human Remains.--Whoever knowingly sells, purchases, uses for
profit, or transports for sale or profit, the human remains of a Native
American without the right of possession to those remains as provided
in the Native American Graves Protection and Repatriation Act shall be
imprisoned not more than 12 months, and in the case of a second or
subsequent violation, be imprisoned not more than 5 years.
``(b) Cultural Items.--Whoever knowingly sells, purchases, uses for
profit, or transports for sale or profit any Native American cultural
items obtained in violation of the Native American Grave Protection and
Repatriation Act shall be imprisoned not more than one year, and in the
case of a second or subsequent violation, be imprisoned not more than 5
years.
``SUBCHAPTER D--BANKRUPTCY
``Sec.
``881. Concealment of assets; false oaths and claims; bribery.
``882. Embezzlement against estate.
``883. Adverse interest and conduct of officers.
``884. Fee agreements in cases under title 11 and receiverships.
``885. Bankruptcy fraud.
``886. Designation of United States attorneys and agents of the Federal
Bureau of Investigation to address abusive reaffirmations of
debt and materially fraudulent statements in bankruptcy
schedules.
``887. Definition.
``Sec. 881. Concealment of assets; false oaths and claims; bribery
``Whoever--
``(1) knowingly conceals from a custodian, trustee, marshal,
or other officer of the court charged with the control or
custody of property, or, in connection with a case under title
11, from creditors or the United States Trustee, any property
belonging to the estate of a debtor;
``(2) knowingly makes a false oath or account in or in
relation to any case under title 11;
``(3) knowingly makes a false declaration, certificate,
verification, or statement under penalty of perjury as
permitted under section 1746 of title 28, in or in relation to
any case under title 11;
``(4) knowingly presents any false claim for proof against
the estate of a debtor, or uses any such claim in any case
under title 11, in a personal capacity or as or through an
agent, proxy, or attorney;
``(5) knowingly receives any material amount of property from
a debtor after the filing of a case under title 11, with intent
to defeat the provisions of title 11;
``(6) knowingly and corruptly gives, offers, receives, or
attempts to obtain any money or property, remuneration,
compensation, reward, advantage, or promise thereof for acting
or forbearing to act in any case under title 11;
``(7) in a personal capacity or as an agent or officer of any
person or corporation, in contemplation of a case under title
11 by or against the person or any other person or corporation,
or with intent to defeat the provisions of title 11, knowingly
transfers or conceals any of his property or the property of
such other person or corporation;
``(8) after the filing of a case under title 11 or in
contemplation thereof, knowingly conceals, destroys, mutilates,
falsifies, or makes a false entry in any recorded information
(including books, documents, records, and papers) relating to
the property or financial affairs of a debtor; or
``(9) after the filing of a case under title 11, knowingly
withholds from a custodian, trustee, marshal, or other officer
of the court or a United States Trustee entitled to its
possession, any recorded information (including books,
documents, records, and papers) relating to the property or
financial affairs of a debtor,
shall be imprisoned not more than 5 years.
``Sec. 882. Embezzlement against estate
``(a) Offense.--Whoever, being described in subsection (b), knowingly
and unlawfully appropriates to the person's own use, embezzles, spends,
or transfers any property or secretes or destroys any document
belonging to the estate of a debtor shall be imprisoned not more than 5
years.
``(b) Person to Whom Section Applies.--A person described in this
subsection is one who has access to property or documents belonging to
an estate by virtue of the person's participation in the administration
of the estate as a trustee, custodian, marshal, attorney, or other
officer of the court or as an agent, employee, or other person engaged
by such an officer to perform a service with respect to the estate.
``Sec. 883. Adverse interest and conduct of officers
``Whoever, being a custodian, trustee, marshal, or other officer of
the court--
``(1) knowingly purchases any property of the estate of which
the person is such an officer in a case under title 11;
``(2) knowingly refuses to permit a reasonable opportunity
for the inspection by parties in interest of the documents and
accounts relating to the affairs of estates in the person's
charge by parties when directed by the court to do so; or
``(3) knowingly refuses to permit a reasonable opportunity
for the inspection by the United States Trustee of the
documents and accounts relating to the affairs of an estate in
the person's charge,
shall be fined under this title and shall forfeit the person's office,
which shall thereupon become vacant.
``Sec. 884. Fee agreements in cases under title 11 and receiverships
``Whoever, being a party in interest, whether as a debtor, creditor,
receiver, trustee or representative of any of them, or attorney for any
such party in interest, in any receivership or case under title 11 in
any United States court or under its supervision, knowingly and
corruptly enters into any agreement, express or implied, with another
such party in interest or attorney for another such party in interest,
for the purpose of fixing the fees or other compensation to be paid to
any party in interest or to any attorney for any party in interest for
services rendered in connection therewith, from the assets of the
estate, shall be imprisoned not more than one year.
``Sec. 885. Bankruptcy fraud
``Whoever for the purpose of executing or concealing a scheme or
artifice to defraud--
``(1) files a petition under title 11, including a fraudulent
involuntary bankruptcy petition under section 303 of such
title;
``(2) files a document in a proceeding under title 11; or
``(3) makes a false or fraudulent representation, claim, or
promise concerning or in relation to a proceeding under title
11, at any time before or after the filing of the petition, or
in relation to a proceeding falsely asserted to be pending
under such title,
shall be imprisoned not more than 5 years.
``Sec. 886. Designation of United States attorneys and agents of the
Federal Bureau of Investigation to address abusive
reaffirmations of debt and materially fraudulent
statements in bankruptcy schedules
``(a) In General.--The Attorney General of the United States shall
designate the individuals described in subsection (b) to have primary
responsibility in carrying out enforcement activities in addressing
violations of section 871 or 875 relating to abusive reaffirmations of
debt. In addition to addressing the violations referred to in the
preceding sentence, the individuals described under subsection (b)
shall address violations of section 871 or 875 relating to materially
fraudulent statements in bankruptcy schedules that are intentionally
false or intentionally misleading.
``(b) United States Attorneys and Agents of the Federal Bureau of
Investigation.--The individuals referred to in subsection (a) are--
``(1) the United States attorney for each judicial district
of the United States; and
``(2) an agent of the Federal Bureau of Investigation for
each field office of the Federal Bureau of Investigation.
``(c) Bankruptcy Investigations.--Each United States attorney
designated under this section shall, in addition to any other
responsibilities, have primary responsibility for carrying out the
duties of a United States attorney under section 3057.
``(d) Bankruptcy Procedures.--The bankruptcy courts shall establish
procedures for referring any case that may contain a materially
fraudulent statement in a bankruptcy schedule to the individuals
designated under this section.
``Sec. 887. Definition
``As used in this subchapter, the term `debtor' means a debtor
concerning whom a petition has been filed under title 11.
``SUBCHAPTER E--CIVIL RIGHTS
``Sec.
``891. Conspiracy against rights.
``892. Deprivation of rights under color of law.
``893. Exclusion of jurors on account of race or color.
``894. Discrimination against person wearing uniform of armed forces.
``895. Federally protected activities.
``896. Deprivation of relief benefits.
``897. Damage to religious property; obstruction of persons in the free
exercise of religious beliefs.
``898. Freedom of access to clinic entrances.
``899. Voting Rights Act violations.
``900. Prevention of intimidation in fair housing cases.
``Sec. 891. Conspiracy against rights
``If two or more persons--
``(1) conspire to injure, oppress, threaten, or intimidate
any person in any State in the free exercise or enjoyment of
any right or privilege secured to that person by the
Constitution or laws of the United States, or because of that
person's having so exercised the same; or
``(2) go in disguise on the highway, or on the premises of
another, with intent to prevent or hinder that other's free
exercise or enjoyment of any right or privilege so secured;
each shall be imprisoned not more than ten years; 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,
each shall be imprisoned for any term of years or for life, or may be
sentenced to death.
``Sec. 892. Deprivation of rights under color of law
``Whoever, under color of any law, statute, ordinance, regulation, or
custom, knowingly subjects any person in any State 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 imprisoned not more than one year; 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 imprisoned not more
than ten years; 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 imprisoned for
any term of years or for life, or may be sentenced to death.
``Sec. 893. Exclusion of jurors on account of race or color
``No citizen possessing all other qualifications which are or may be
prescribed by law shall be disqualified for service as grand or petit
juror in any court of the United States, or of any State on account of
race, color, or previous condition of servitude; and whoever, being an
officer or other person charged with any duty in the selection or
summoning of jurors, excludes or fails to summon any citizen for such
cause, shall be fined not more than $5,000.
``Sec. 894. Discrimination against person wearing uniform of armed
forces
``Whoever, being a proprietor, manager, or employee of a theater or
other public place of entertainment or amusement in the District of
Columbia, or in any territory, or possession of the United States,
causes any person wearing the uniform of any of the armed forces of the
United States to be discriminated against because of that uniform,
shall be fined under this title.
``Sec. 895. Federally protected activities
``(a) Construction.--
``(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) Offense.--Whoever by force or threat of force knowingly
injures, intimidates or interferes 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; or
``(E) participating in or enjoying the benefits of
any program or activity receiving Federal financial
assistance;
``(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;
``(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 that person 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 that person 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 imprisoned not more than one year; 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 imprisoned not more than ten
years; 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 imprisoned for any term
of years or for life or may be sentenced to death.
``(c) Definition.--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 the
proprietor's residence.
``(d) Law Enforcement Duties Not Affected.--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.
``Sec. 896. Deprivation of relief benefits
``Whoever directly or indirectly deprives, attempts to deprive, or
threatens to deprive any person of any employment, position, work,
compensation, or other benefit provided for or made possible in whole
or in part by any Act of Congress appropriating funds for work relief
or relief purposes, on account of political affiliation, race, color,
sex, religion, or national origin, shall be imprisoned not more than
one year.
``Sec. 897. Damage to religious property; obstruction of persons in the
free exercise of religious beliefs
``(a) Religious Property Offense Relating to Religious Character.--
Whoever, in or affecting interstate or foreign commerce--
``(1) knowingly defaces, damages, or destroys any religious
real property, because of the religious character of that
property; or
``(2) knowingly obstructs, by force or threat of force, any
person in the enjoyment of that person's free exercise of
religious beliefs;
shall be punished as provided in subsection (c).
``(b) Property Offense Motivated by Racial and Other
Characteristics.--Whoever knowingly defaces, damages, or destroys any
religious real property because of the race, color, or ethnic
characteristics of any individual associated with that religious
property, shall be punished as provided in subsection (c).
``(c) Punishment.--The punishment for a violation of subsection (a)
is--
``(1) if death results from 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, imprisonment
for any term of years or for life, or death;
``(2) if bodily injury results to any person, including any
public safety officer performing duties as a direct or
proximate result of conduct prohibited by this section, and the
violation is by means of fire or an explosive, or imprisonment
for more that 40 years;
``(3) if bodily injury to any person, including any public
safety officer performing duties as a direct or proximate
result of conduct prohibited by this section, 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, imprisonment for not
more than 20 years; and
``(4) in any other case, imprisonment for not more than one
year.
``(d) Certification.--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 or his designee that
in his judgment a prosecution by the United States is in the public
interest and necessary to secure substantial justice.
``(e) Definition.--As used in this section, the term `religious real
property' means any church, synagogue, mosque, religious cemetery, or
other religious real property, including fixtures or religious objects
contained within a place of religious worship.
``(f) Limitation.--No person shall be prosecuted, tried, or punished
for any noncapital offense under this section unless the indictment is
found or the information is instituted not later than 7 years after the
date on which the offense was committed.
``Sec. 898. Freedom of access to clinic entrances
``(a) Prohibited Activities.--Whoever--
``(1) by force or threat of force or by physical obstruction,
knowingly injures, intimidates or interferes 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,
knowingly injures, intimidates or interferes with any person
lawfully exercising or seeking to exercise the First Amendment
right of religious freedom at a place of religious worship; or
``(3) knowingly damages or destroys the property of a
facility, or attempts to do so, because such facility provides
reproductive health services, or knowingly 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 imprisoned not more
than one year; and
``(2) in the case of a second or subsequent offense after a
prior conviction under this section, be imprisoned not more
than 3 years;
except that for an offense involving exclusively a nonviolent physical
obstruction, the fine shall, notwithstanding section 3571, not be 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) 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) the term `interfere with' means to restrict a person's
freedom of movement;
``(3) the term `intimidate' means to place a person in
reasonable apprehension of bodily harm to him-or herself or to
another;
``(4) 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;
and
``(5) 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.
``Sec. 899. Voting Rights Act violations
``(a) Whoever deprives any person of any right secured by section 2,
3, 4, 5, 7, or 10 of the Voting Rights Act of 1965 or violates section
11(a) of such Act, shall be imprisoned not more than five years.
``(b) Whoever, within a year following an election in a political
subdivision in which an examiner has been appointed under the Voting
Rights Act of 1965--
``(1) destroys, defaces, mutilates, or otherwise alters the
marking of a paper ballot which has been cast in such election;
or
``(2) alters any official record of voting in such election
tabulated from a voting machine or otherwise;
shall be imprisoned not more than five years.
``(c) Whoever conspires to violate subsection (a) or (b) of section
12 of the Voting Rights Act of 1965, or interferes with any right
secured by section 2, 3, 4, 5, 7, 10, or 11(a) of such Act shall be
imprisoned not more than five years.
``Sec. 900. Prevention of intimidation in fair housing cases
``Whoever by force or threat of force willfully injures, intimidates
or interferes with--
``(1) any person because of that person's race, color,
religion, sex, handicap (as such term is defined in section 802
of the Fair Housing Act), familial status (as such term is
defined in section 802 of that Act), or national origin and
because that person is or has been selling, purchasing,
renting, financing, occupying, or contracting or negotiating
for the sale, purchase, rental, financing or occupation of any
dwelling, or applying for or participating in any service,
organization, or facility relating to the business of selling
or renting dwellings; or
``(2) 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--
``(A) participating, without discrimination on
account of race, color, religion, sex, handicap (as
such term is defined in section 802 of the Fair Housing
Act), familial status (as such term is defined in
section 802 of that Act), or national origin, in any of
the activities, services, organizations or facilities
described in section 901(a) of that Act;
``(B) affording another person or class of persons
opportunity or protection so to participate; or
``(C) any citizen because that citizen is or has
been, or in order to discourage such citizen or any
other citizen from lawfully aiding or encouraging other
persons to participate, without discrimination on
account of race, color, religion, sex, handicap (as
such term is defined in section 802 of the Fair Housing
Act), familial status (as such term is defined in
section 802 of that Act), or national origin, in any of
the activities, services, organizations or facilities
described in subsection 901(a), or participating
lawfully in speech or peaceful assembly opposing any
denial of the opportunity to so participate;
shall be imprisoned not more than one year; 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 imprisoned not more than ten
years; 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 imprisoned for any term
of years or for life.
``SUBCHAPTER F--FOREIGN RELATIONS
``Sec.
``921. Agents of foreign governments.
``922. Diplomatic codes and correspondence.
``923. False statements influencing foreign government.
``924. Conspiracy to kill, kidnap, maim, or injure persons or damage
property in a foreign country.
``925. Enlistment in foreign service.
``926. Expedition against friendly nation.
``927. Detention of armed vessel.
``928. Protection of property occupied by foreign governments.
``Sec. 921. Agents of foreign governments
``(a) Offense.--Whoever, other than a diplomatic or consular officer
or attache, acts in the United States as an agent of a foreign
government without prior notification to the Attorney General if
required in subsection (b), shall be imprisoned not more than ten
years.
``(b) Rules and Regulations.--The Attorney General shall promulgate
rules and regulations establishing requirements for notification.
``(c) Transmission.--The Attorney General shall, upon receipt,
promptly transmit one copy of each notification statement filed under
this section to the Secretary of State for such comment and use as the
Secretary of State may determine to be appropriate from the point of
view of the foreign relations of the United States. Failure of the
Attorney General to do so shall not be a bar to prosecution under this
section.
``(d) Definition.--As used in this section, the term `agent of a
foreign government' means an individual who agrees to operate within
the United States subject to the direction or control of a foreign
government or official, except that such term does not include--
``(1) a duly accredited diplomatic or consular officer of a
foreign government, who is so recognized by the Department of
State;
``(2) any officially and publicly acknowledged and sponsored
official or representative of a foreign government;
``(3) any officially and publicly acknowledged and sponsored
member of the staff of, or employee of, an officer, official,
or representative described in paragraph (1) or (2), who is not
a United States citizen; or
``(4) any person engaged in a legal commercial transaction.
``(e) Additional Basis for Determining Agency.--Notwithstanding
subsection (d)(4), any person engaged in a legal commercial transaction
shall be considered to be an agent of a foreign government for purposes
of this section if--
``(1) such person agrees to operate within the United States
subject to the direction or control of a foreign government or
official; and
``(2) such person--
``(A) is an agent of Cuba or any other country that
the President determines (and so reports to the
Congress) poses a threat to the national security
interest of the United States for purposes of this
section, unless the Attorney General, after
consultation with the Secretary of State, determines
and so reports to the Congress that the national
security or foreign policy interests of the United
States require that the provisions of this section do
not apply in specific circumstances to agents of such
country; or
``(B) has been convicted of, or has entered a plea of
nolo contendere with respect to, any offense under
section 301 through 303, 601, or 261 of this title or
under section 11 of the Export Administration Act of
1979, except that the provisions of this subsection
shall not apply to a person described in this clause
for a period of more than five years beginning on the
date of the conviction or the date of entry of the plea
of nolo contendere, as the case may be.
``Sec. 922. Diplomatic codes and correspondence
``Whoever, by virtue of his employment by the United States, obtains
from another or has or has had custody of or access to, any official
diplomatic code or any matter prepared in any such code, or which
purports to have been prepared in any such code, and without
authorization or competent authority, knowingly publishes or furnishes
to another any such code or matter, or any matter which was obtained
while in the process of transmission between any foreign government and
its diplomatic mission in the United States, shall be or imprisoned not
more than ten years.
``Sec. 923. False statements influencing foreign government
``Whoever, in relation to any dispute or controversy between a
foreign government and the United States, knowingly makes any untrue
statement, either orally or in writing, under oath before any person
authorized and empowered to administer oaths, which the affiant has
knowledge or reason to believe will, or may be used to influence the
measures or conduct of any foreign government, or of any officer or
agent of any foreign government, to the injury of the United States, or
with a view or intent to influence any measure of or action by the
United States or any department or agency thereof, to the injury of the
United States, shall be imprisoned not more than ten years.
``Sec. 924. Conspiracy to kill, kidnap, maim, or injure persons or
damage property in a foreign country
``(a) Offense Against Persons.--
``(1) Elements.--Whoever, within the jurisdiction of the
United States, conspires with one or more other persons,
regardless of where such other person or persons are located,
to commit at any place outside the United States an act that
would constitute the offense of murder, kidnapping, or maiming
if committed in the special maritime and territorial
jurisdiction of the United States shall, if any of the
conspirators commits an act within the jurisdiction of the
United States to effect any object of the conspiracy, be
punished as provided in paragraph (2).
``(2) Punishment.--The punishment for an offense under paragraph (1)
is--
``(A) imprisonment for any term of years or for life if the
offense is conspiracy to murder or kidnap; and
``(B) imprisonment for not more than 35 years if the offense
is conspiracy to maim.
``(b) Offense Against Property.--Whoever, within the jurisdiction of
the United States, conspires with one or more persons, regardless of
where such other person or persons are located, to damage or destroy
specific property situated within a foreign country and belonging to a
foreign government or to any political subdivision thereof with which
the United States is at peace, or any railroad, canal, bridge, airport,
airfield, or other public utility, public conveyance, or public
structure, or any religious, educational, or cultural property so
situated, shall, if any of the conspirators commits an act within the
jurisdiction of the United States to effect any object of the
conspiracy, be imprisoned not more than 25 years.
``Sec. 925. Enlistment in foreign service
``(a) Offense.--Whoever, within the United States, enlists or enters
himself, or hires or retains another to enlist or enter himself, or to
go beyond the jurisdiction of the United States with intent to be
enlisted or entered in the service of any foreign prince, state,
colony, district, or people as a soldier or as a marine or seaman on
board any vessel of war, letter of marque, or privateer, shall be
imprisoned not more than three years.
``(b) Exclusions.--
``(1) This section does not apply to citizens or subjects of
any country engaged in war with a country with which the United
States is at war, unless such citizen or subject of such
foreign country shall hire or solicit a citizen of the United
States to enlist or go beyond the jurisdiction of the United
States with intent to enlist or enter the service of a foreign
country. Enlistments under this subsection shall be under
regulations prescribed by the Secretary of the Army.
``(2) This section and sections 957 and 958 do not apply to
any subject or citizen of any foreign prince, state, colony,
district, or people who is transiently within the United States
and enlists or enters himself on board any vessel of war,
letter of marque, or privateer, which at the time of its
arrival within the United States was fitted and equipped as
such, or hires or retains another subject or citizen of the
same foreign prince, state, colony, district, or people who is
transiently within the United States to enlist or enter himself
to serve such foreign prince, state, colony, district, or
people on board such vessel of war, letter of marque, or
privateer, if the United States shall then be at peace with
such foreign prince, state, colony, district, or people.
``Sec. 926. Expedition against friendly nation
``Whoever, within the United States, knowingly begins or sets on foot
or provides or prepares a means for or furnishes the money for, or
takes part in, any military or naval expedition or enterprise to be
carried on from thence against the territory or dominion of any foreign
prince or state, or of any colony, district, or people with whom the
United States is at peace, shall be imprisoned not more than three
years.
``Sec. 927. Detention of armed vessel
``(a) Authority of President.--During a war in which the United
States is a neutral nation, the President, or any person authorized by
him, may detain any armed vessel owned wholly or in part by citizens of
the United States, or any vessel, domestic or foreign (other than one
which has entered the ports of the United States as a public vessel),
which is manifestly built for warlike purposes or has been converted or
adapted from a private vessel to one suitable for warlike use, until
the owner or master, or person having charge of such vessel, shall
furnish proof satisfactory to the President, or to the person duly
authorized by him, that the vessel will not be employed to cruise
against or commit or attempt to commit hostilities upon the subjects,
citizens, or property of any foreign prince or state, or of any colony,
district, or people with which the United States is at peace, and that
the said vessel will not be sold or delivered to any belligerent
nation, or to an agent, officer, or citizen of such nation, by them or
any of them, within the jurisdiction of the United States, or upon the
high seas.
``(b) Offense.--Whoever, in violation of this section takes, or
attempts to take, or authorizes the taking of any such vessel, out of
port or from the United States, shall be imprisoned not more than ten
years.
``(c) Forfeiture.--In addition, such vessel, her tackle, apparel,
furniture, equipment, and her cargo shall be forfeited to the United
States.
``Sec. 928. Protection of property occupied by foreign governments
``(a) Property Offense.--Whoever knowingly injures, damages, or
destroys, or attempts to injure, damage, or destroy, any property, real
or personal, located within the United States and belonging to or
utilized or occupied by any foreign government or international
organization, by a foreign official or official guest, shall be
imprisoned not more than five years.
``(b) Threat and Harassment Offense.--Whoever, knowingly with intent
to intimidate, coerce, threaten, or harass--
``(1) forcibly thrusts any part of himself or any object
within or upon that portion of any building or premises located
within the United States, which portion is used or occupied for
official business or for diplomatic, consular, or residential
purposes by--
``(A) a foreign government, including such use as a
mission to an international organization;
``(B) an international organization;
``(C) a foreign official; or
``(D) an official guest; or
``(2) refuses to depart from such portion of such building or
premises after a request--
``(A) by an employee of a foreign government or of an
international organization, if such employee is
authorized to make such request by the senior official
of the unit of such government or organization which
occupies such portion of such building or premises;
``(B) by a foreign official or any member of the
foreign official's staff who is authorized by the
foreign official to make such request;
``(C) by an official guest or any member of the
official guest's staff who is authorized by the
official guest to make such request; or
``(D) by any person present having law enforcement
powers;
shall be imprisoned not more than six months.
``(c) Definitions.--For the purpose of this section `foreign
government', `foreign official', `international organization', and
`official guest' shall have the same meanings as those provided in
section 136.
``SUBCHAPTER G--POSTAL SERVICE
``Sec.
``941. Obstruction of mails generally.
``942. Obstruction of correspondence.
``943. Delay or destruction of mail or newspapers.
``944. Keys or locks stolen or reproduced.
``945. Destruction of letter boxes or mail.
``946. Theft of property used by Postal Service.
``947. Theft or receipt of stolen mail matter generally.
``948. Theft of mail matter by officer or employee.
``949. Misappropriation of postal funds.
``950. Injurious articles as nonmailable.
``951. Franking privilege.
``Sec. 941. Obstruction of mails generally
``Whoever knowingly obstructs the passage of the mail, or any carrier
or conveyance carrying the mail, shall be imprisoned not more than six
months.
``Sec. 942. Obstruction of correspondence
``Whoever takes any letter, postal card, or package out of any post
office or any authorized depository for mail matter, or from any letter
or mail carrier, or which has been in any post office or authorized
depository, or in the custody of any letter or mail carrier, before it
has been delivered to the person to whom it was directed, with intent
to obstruct the correspondence, or to pry into the business or secrets
of another, or opens, secretes, embezzles, or destroys the same, shall
be imprisoned not more than five years.
``Sec. 943. Delay or destruction of mail or newspapers
``(a) Mail Matter.--Whoever, being a Postal Service officer or
employee, unlawfully secretes, destroys, detains, delays, or opens any
letter, postal card, package, bag, or mail entrusted to that officer or
employee or which shall come into his or her possession, and which was
intended to be conveyed by mail, or carried or delivered by any carrier
or other employee of the Postal Service, or forwarded through or
delivered from any post office or station thereof established by
authority of the Postmaster General or the Postal Service, shall be
imprisoned not more than five years.
``(b) Newspaper.--Whoever, being a Postal Service officer or
employee, improperly detains, delays, or destroys any newspaper, or
permits any other person to detain, delay, or destroy the same, or
opens, or permits any other person to open, any mail or package of
newspapers not directed to the office where he is employed; or Whoever,
without authority, opens, or destroys any mail or package of newspapers
not directed to him, shall be imprisoned not more than one year.
``Sec. 944. Keys or locks stolen or reproduced
``Whoever--
``(1) steals, purloins, embezzles, or obtains by false
pretense any key suited to any lock adopted by the Post Office
Department or the Postal Service and in use on any of the mails
or bags thereof, or any key to any lock box, lock drawer, or
other authorized receptacle for the deposit or delivery of mail
matter;
``(2) knowingly and unlawfully makes, forges, or counterfeits
any such key, or possesses any such mail lock or key with the
intent unlawfully or improperly to use, sell, or otherwise
dispose of the same, or to cause the same to be unlawfully or
improperly used, sold, or otherwise disposed of; or
``(3) being engaged as a contractor or otherwise in the
manufacture of any such mail lock or key, delivers any finished
or unfinished lock or the interior part thereof, or key, used
or designed for use by the department, to any person not duly
authorized under the hand of the Postmaster General and the
seal of the Post Office Department or the Postal Service, to
receive the same, unless the person receiving it is the
contractor for furnishing the same or engaged in the
manufacture thereof in the manner authorized by the contract,
or the agent of such manufacturer;
shall be imprisoned not more than ten years.
``Sec. 945. Destruction of letter boxes or mail
``Whoever knowingly injures, tears down or destroys any letter box or
other receptacle intended or used for the receipt or delivery of mail
on any mail route, or breaks open the same or knowingly injures,
defaces or destroys any mail deposited therein, shall be imprisoned not
more than three years.
``Sec. 946. Theft of property used by Postal Service
``Whoever steals, purloins, or embezzles any property used by the
Postal Service, or appropriates any such property to any other than its
proper use, or conveys away any such property to the hindrance or
detriment of the public service, shall be imprisoned not more than
three years, but if the value of such property does not exceed $1,000,
the offender shall be imprisoned not more than one year.
``Sec. 947. Theft or receipt of stolen mail matter generally
``Whoever--
``(1) steals, takes, or abstracts, or by fraud or deception
obtains, or attempts so to obtain, from or out of any mail,
post office, or station thereof, letter box, mail receptacle,
or any mail route or other authorized depository for mail
matter, or from a letter or mail carrier, any letter, postal
card, package, bag, or mail, or abstracts or removes from any
such letter, package, bag, or mail, any article or thing
contained therein, or secretes, embezzles, or destroys any such
letter, postal card, package, bag, or mail, or any article or
thing contained therein;
``(2) steals, takes, or abstracts, or by fraud or deception
obtains any letter, postal card, package, bag, or mail, or any
article or thing contained therein which has been left for
collection upon or adjacent to a collection box or other
authorized depository of mail matter; or
``(3) buys, receives, or conceals, or unlawfully has in his
possession, any letter, postal card, package, bag, or mail, or
any article or thing contained therein, which has been so
stolen, taken, embezzled, or abstracted, as herein described,
knowing the same to have been stolen, taken, embezzled, or
abstracted;
shall be imprisoned not more than five years.
``Sec. 948. Theft of mail matter by officer or employee
``Whoever, being a Postal Service officer or employee, embezzles any
letter, postal card, package, bag, or mail, or any article or thing
contained therein entrusted to him or which comes into his possession
intended to be conveyed by mail, or carried or delivered by any
carrier, messenger, agent, or other person employed in any department
of the Postal Service, or forwarded through or delivered from any post
office or station thereof established by authority of the Postmaster
General or of the Postal Service; or steals, abstracts, or removes from
any such letter, package, bag, or mail, any article or thing contained
therein, shall be imprisoned not more than five years.
``Sec. 949. Misappropriation of postal funds
``(a) Offense.--Whoever, being a Postal Service officer or employee,
loans, uses, pledges, hypothecates, or converts to his own use, or
deposits in any bank, or exchanges for other funds or property, except
as authorized by law, any money or property coming into his hands or
under his control in any manner, in the execution or under color of his
office, employment, or service, whether or not the same shall be the
money or property of the United States; or fails or refuses to remit to
or deposit in the Treasury of the United States or in a designated
depository, or to account for or turn over to the proper officer or
agent, any such money or property, when required to do so by law or the
regulations of the Postal Service, or upon demand or order of the
Postal Service, either directly or through a duly authorized officer or
agent, is guilty of embezzlement; and every such person, as well as
every other person advising or knowingly participating therein, shall
be imprisoned not more than ten years; but if the amount or value
thereof does not exceed $1,000, he shall be imprisoned not more than
one year.
``(b) Exclusion.--This section does not prohibit any Postal Service
officer or employee from depositing, under the direction of the Postal
Service, in a national bank designated by the Secretary of the Treasury
for that purpose, to his own credit as Postal Service officer or
employee any funds in his charge, nor prevent his negotiating drafts or
other evidences of debt through such bank, or through United States
disbursing officers, or otherwise, when instructed or required so to do
by the Postal Service, for the purpose of remitting surplus funds from
one post office to another.
``Sec. 950. Injurious articles as nonmailable
``(a) In General.--All kinds of poison, and all articles and
compositions containing poison, and all poisonous animals, insects,
reptiles, and all explosives, 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) Exceptions.--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) Scorpians.--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) Poisonous Drugs and Medicines.--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) Poisons for Scientific Use.--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) Intoxicating Liquors.--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) Knives.--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, 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) Advertising, Promotional, or Sales Matter.--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) Ballistic Knives.--
``(1) Generally.--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) Definition.--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) Offenses.--
``(1) Compliance with rules and regulations.--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 imprisoned not more than one year.
``(2) With intent to kill or injure another or to injure the
mails or property.--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 imprisoned not more than twenty years.
``(3) Death Penalty.--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.
``Sec. 951. Franking privilege
``Whoever makes use of any official envelope, label, or indorsement
authorized by law, to avoid the payment of postage or registry fee on
his private letter, packet, package, or other matter in the mail, shall
be fined under this title.
``SUBCHAPTER H--SPECIAL MARITIME AND TERRITORIAL JURISDICTION OF THE
UNITED STATES
``Sec.
``961. Laws of States adopted for areas within Federal jurisdiction.
``Sec. 961. Laws of States adopted for areas within Federal
jurisdiction
``(a) Offense.--Whoever within the reserved or acquired special
maritime or 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) Operating a Motor Vehicle Under the Influence of Alcohol.--
``(1) Limitation on right or privilege to operate a motor
vehicle.--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) Additional punishment.--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
child is caused, not more than 5 years, or if death of a child is
caused, not more than 10 years, and an additional fine under this
title, or both, if--
``(A) a child (other than the offender) was present in the
motor vehicle when the offense was committed; and
``(B) the law of the State in which the offense occurred does
not provide an additional term of imprisonment under the
circumstances described in subparagraph (A).
``(c) Territorial Sea.--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 were
extended seaward to the outer limit of the territorial sea of the
United States.
``CHAPTER 29--CRIMES RELATED TO PROTECTION OF GOVERNMENT FUNCTIONS AND
INTEGRITY
``Subchapter
Sec.
``A. Bribery, graft, and conflicts of interest.................... 991
``B. Claims and services in matters affecting government.......... 1017
``C. Contempts.................................................... 1021
``D. Elections and political activities........................... 1031
``E. Emblems, insignia, and names................................. 1051
``F. Escape and rescue............................................ 1071
``G. False personation............................................ 1091
``H. Fugitives from justice....................................... 1101
``I. Obstruction of justice....................................... 1131
``J. Prisons...................................................... 1161
``K. Public officers and employees................................ 1171
``L. Records and reports.......................................... 1181
``M. Searches and seizures........................................ 1191
``N. Malicious mischief........................................... 1201
``O. Public lands................................................. 1211
``P. Restricted building or grounds............................... 1221
``SUBCHAPTER A--BRIBERY, GRAFT, AND CONFLICTS OF INTEREST
``Sec.
``991. Bribery of public officials and witnesses.
``992. Definitions for certain sections.
``993. Compensation to Members of Congress, officers, and others in
matters affecting the Government.
``994. Practice in United States Court of Federal Claims or the United
States Court of Appeals for the Federal Circuit by Members of
Congress.
``995. Activities of officers and employees in claims against and other
matters affecting the Government.
``996. Exemption of retired officers of the uniformed services.
``997. Restrictions on former officers, employees, and elected
officials of the executive and legislative branches.
``998. Acts affecting a personal financial interest.
``999. Salary of Government officials and employees payable only by
United States.
``1000. Offer to procure appointive public office.
``1001. Acceptance or solicitation to obtain appointive public office.
``1002. Acceptance of loan or gratuity by financial institution
examiner.
``1003. Receipt of commissions or gifts for procuring loans.
``1004. Penalties and injunctions.
``1005. Voiding transactions in violation of chapter; recovery by the
United States.
``1006. Officers and employees acting as agents of foreign principals.
``1007. Bribery in sporting contests.
``1008. Continuing financial crimes enterprise.
``Sec. 991. Bribery of public officials and witnesses
``(a) Definitions.--As used in this section--
``(1) the term `public official' means Member of Congress,
Delegate, or Resident Commissioner, either before or after such
official has qualified, or an officer or employee or person
acting for or on behalf of the United States, or any
department, agency or branch of Government thereof, including
the District of Columbia, in any official function, under or by
authority of any such department, agency, or branch of
Government, or a juror;
``(2) the term `person who has been selected to be a public
official' means any person who has been nominated or appointed
to be a public official, or has been officially informed that
such person will be so nominated or appointed; and
``(3) the term `official act' means any decision or action on
any question, matter, cause, suit, proceeding or controversy,
which may at any time be pending, or which may by law be
brought before any public official, in such official's official
capacity, or in such official's place of trust or profit.
``(b) Bribery.--Whoever--
``(1) corruptly gives, offers or promises anything of value
to any public official or person who has been selected to be a
public official, or offers or promises any public official or
any person who has been selected to be a public official to
give anything of value to any other person or entity, with
intent--
``(A) to influence any official act; or
``(B) to influence such public official or person who
has been selected to be a public official to commit or
aid in committing, or collude in, or allow, any fraud,
or make opportunity for the commission of any fraud, on
the United States; or
``(C) to induce such public official or such person
who has been selected to be a public official to do or
omit to do any act in violation of the lawful duty of
such official or person;
``(2) being a public official or person selected to be a
public official, corruptly demands, seeks, receives, accepts,
or agrees to receive or accept anything of value personally or
for any other person or entity, in return for--
``(A) being influenced in the performance of any
official act;
``(B) being influenced to commit or aid in
committing, or to collude in, or allow, any fraud, or
make opportunity for the commission of any fraud on the
United States; or
``(C) being induced to do or omit to do any act in
violation of the official duty of such official or
person;
``(3) corruptly gives, offers, or promises anything of value
to any person, or offers or promises such person to give
anything of value to any other person or entity, with intent to
influence the testimony under oath or affirmation of such
first-mentioned person as a witness upon a trial, hearing, or
other proceeding, before any court, any committee of either
House or both Houses of Congress, or any agency, commission, or
officer authorized by the laws of the United States to hear
evidence or take testimony, or with intent to influence such
person to absent himself therefrom; or
``(4) corruptly demands, seeks, receives, accepts, or agrees
to receive or accept anything of value personally or for any
other person or entity in return for being influenced in
testimony under oath or affirmation as a witness upon any such
trial, hearing, or other proceeding, or in return for absenting
himself therefrom;
shall be imprisoned for not more than fifteen years and may be
disqualified from holding any office of honor, trust, or profit under
the United States.
``(c) Unlawful Rewards.--Whoever--
``(1) otherwise than as provided by law for the proper
discharge of official duty--
``(A) gives, offers, or promises anything of value to
any public official, former public official, or person
selected to be a public official, for or because of any
official act performed or to be performed by such
public official, former public official, or person
selected to be a public official; or
``(B) being a public official, former public
official, or person selected to be a public official,
otherwise than as provided by law for the proper
discharge of official duty, demands, seeks, receives,
accepts, or agrees to receive or accept anything of
value personally for or because of any official act
performed or to be performed by such official or
person;
``(2) gives, offers, or promises anything of value to any
person, for or because of the testimony under oath or
affirmation given or to be given by such person as a witness
upon a trial, hearing, or other proceeding, before any court,
any committee of either House or both Houses of Congress, or
any agency, commission, or officer authorized by the laws of
the United States to hear evidence or take testimony, or for or
because of such person's absence therefrom;
``(3) demands, seeks, receives, accepts, or agrees to receive
or accept anything of value personally for or because of the
testimony under oath or affirmation given or to be given by
such person as a witness upon any such trial, hearing, or other
proceeding, or for or because of such person's absence
therefrom;
shall be imprisoned for not more than two years.
``(d) Exclusion.--Paragraphs (3) and (4) of subsection (b) and
paragraphs (2) and (3) of subsection (c) shall not be construed to
prohibit the payment or receipt of witness fees provided by law, or the
payment, by the party upon whose behalf a witness is called and receipt
by a witness, of the reasonable cost of travel and subsistence incurred
and the reasonable value of time lost in attendance at any such trial,
hearing, or proceeding, or in the case of expert witnesses, a
reasonable fee for time spent in the preparation of such opinion, and
in appearing and testifying.
``Sec. 992. Definitions for certain sections
``(a) 993, 995, 997, 998, and 999.--For the purpose of sections 993,
995, 997, 998, and 999 the term `special Government employee' means--
``(1) an officer or employee of the executive or legislative
branch of the United States Government, of any independent
agency of the United States or of the District of Columbia, who
is retained, designated, appointed, or employed to perform,
with or without compensation, for not to exceed one 130 during
any period of 365 consecutive days, temporary duties either on
a full-time or intermittent basis, a part-time United States
commissioner, a part-time United States magistrate judge, or,
regardless of the number of days of appointment, an independent
counsel appointed under chapter 40 of title 28 and any person
appointed by that independent counsel under section 594(c) of
title 28;
``(2) every person serving as a part-time local
representative of a Member of Congress in the Member's home
district or State; and
``(3) notwithstanding section 29(c) and (d) of the Act of
August 10, 1956 (70A Stat. 632; 5 U.S.C. 30r(c) and (d)), a
Reserve officer of the Armed Forces, or an officer of the
National Guard of the United States, unless otherwise an
officer or employee of the United States, while on active duty
solely for training;
except that a Reserve officer of the Armed Forces or an officer of the
National Guard of the United States who is voluntarily serving a period
of extended active duty in excess of 130 days shall be classified as an
officer of the United States within the meaning of section 993 and
sections 995 through 999 and 1005, and a Reserve officer of the Armed
Forces or an officer of the National Guard of the United States who is
serving involuntarily shall be classified as a special Government
employee. The terms `officer or employee' and `special Government
employee' as used in sections 993, 995, 997 through 999, and 1005, does
not include enlisted members of the Armed Forces.
``(b) 995 and 997.--For the purposes of sections 995 and 997, the
term `official responsibility' means the direct administrative or
operating authority, whether intermediate or final, and either
exercisable alone or with others, and either personally or through
subordinates, to approve, disapprove, or otherwise direct Government
action.
``(c) Exclusion from `Officer' and `Employee'.-- Except as otherwise
provided in such sections, the terms `officer' and `employee' in
sections 993, 995, 997 through 999, and 1005 does not include the
President, the Vice President, a Member of Congress, or a Federal
judge.
``(d) `Member of Congress'.--The term `Member of Congress' in
sections 994 and 997 means--
``(1) a United States Senator; and
``(2) a Representative in, or a Delegate or Resident
Commissioner to, the House of Representatives.
``(e) Additional Definitions.--As used in this subchapter--
``(1) the term `executive branch' includes each executive
agency as defined in title 5, and any other entity or
administrative unit in the executive branch;
``(2) the term `judicial branch' means the Supreme Court of
the United States; the United States courts of appeals; the
United States district courts; the Court of International
Trade; the United States bankruptcy courts; any court created
pursuant to article I of the United States Constitution,
including the Court of Appeals for the Armed Forces, the United
States Court of Federal Claims, and the United States Tax
Court, but not including a court of a territory or possession
of the United States; the Federal Judicial Center; and any
other agency, office, or entity in the judicial branch; and
``(3) the term `legislative branch' means--
``(A) the Congress; and
``(B) the Office of the Architect of the Capitol, the
United States Botanic Garden, the Government
Accountability Office, the Government Printing Office,
the Library of Congress, the Office of Technology
Assessment, the Congressional Budget Office, the United
States Capitol Police, and any other agency, entity,
office, or commission established in the legislative
branch.
``Sec. 993. Compensation to Members of Congress, officers, and others
in matters affecting the Government
``(a) Federal Matters.--Whoever, otherwise than as provided by law
for the proper discharge of official duties--
``(1) demands, seeks, receives, accepts, or agrees to receive
or accept any compensation for any representational services,
as agent or attorney or otherwise, rendered or to be rendered
either personally or by another--
``(A) at a time when such person is a Member of
Congress, Member of Congress Elect, Delegate, Delegate
Elect, Resident Commissioner, or Resident Commissioner
Elect; or
``(B) at a time when such person is an officer or
employee or Federal judge of the United States in the
executive, legislative, or judicial branch of the
Government, or in any agency of the United States,
in relation to any proceeding, application, request for a
ruling or other determination, contract, claim, controversy,
charge, accusation, arrest, or other particular matter in which
the United States is a party or has a direct and substantial
interest, before any department, agency, court, court-martial,
officer, or any civil, military, or naval commission; or
``(2) knowingly gives, promises, or offers any compensation
for any such representational services rendered or to be
rendered at a time when the person to whom the compensation is
given, promised, or offered, is or was such a Member, Member
Elect, Delegate, Delegate Elect, Commissioner, Commissioner
Elect, Federal judge, officer, or employee;
shall be subject to the penalties set forth in section 216 of this
title.
``(b) District of Columbia.--Whoever, otherwise than as provided by
law for the proper discharge of official duties--
``(1) demands, seeks, receives, accepts, or agrees to receive
or accept any compensation for any representational services,
as agent or attorney or otherwise, rendered or to be rendered
either personally or by another, at a time when such person is
an officer or employee of the District of Columbia, in relation
to any proceeding, application, request for a ruling or other
determination, contract, claim, controversy, charge,
accusation, arrest, or other particular matter in which the
District of Columbia is a party or has a direct and substantial
interest, before any department, agency, court, officer, or
commission; or
``(2) knowingly gives, promises, or offers any compensation
for any such representational services rendered or to be
rendered at a time when the person to whom the compensation is
given, promised, or offered, is or was an officer or employee
of the District of Columbia;
shall be subject to the penalties set forth in section 216 of this
title.
``(c) Special Government Employees.--A special Government employee
shall be subject to subsections (a) and (b) only in relation to a
particular matter involving a specific party or parties--
``(1) in which such employee has at any time participated
personally and substantially as a Government employee or as a
special Government employee through decision, approval,
disapproval, recommendation, the rendering of advice,
investigation or otherwise; or
``(2) which is pending in the department or agency of the
Government in which such employee is serving except that
paragraph (2) of this subsection shall not apply in the case of
a special Government employee who has served in such department
or agency no more than sixty days during the immediately
preceding period of three hundred and sixty-five consecutive
days.
``(d) Exclusion.--Nothing in this section prevents an officer or
employee, including a special Government employee, from acting, with or
without compensation, as agent or attorney for or otherwise
representing his parents, spouse, child, or any person for whom, or for
any estate for which, he is serving as guardian, executor,
administrator, trustee, or other personal fiduciary except--
``(1) in those matters in which he has participated
personally and substantially as a Government employee or as a
special Government employee through decision, approval,
disapproval, recommendation, the rendering of advice,
investigation, or otherwise; or
``(2) in those matters that are the subject of his official
responsibility,
subject to approval by the Government official responsible for
appointment to his position.
``(e) Certification of National Interest.--Nothing in this section
prevents a special Government employee from acting as agent or attorney
for another person in the performance of work under a grant by, or a
contract with or for the benefit of, the United States if the head of
the department or agency concerned with the grant or contract certifies
in writing that the national interest so requires and publishes such
certification in the Federal Register.
``(f) Testimony and Statements.--Nothing in this section prevents an
individual from giving testimony under oath or from making statements
required to be made under penalty of perjury.
``Sec. 994. Practice in United States Court of Federal Claims or the
United States Court of Appeals for the Federal
Circuit by Members of Congress
``Whoever, being a Member of Congress or Member of Congress Elect,
practices in the United States Court of Federal Claims or the United
States Court of Appeals for the Federal Circuit shall be subject to the
penalties set forth in section 1004 of this title.
``Sec. 995. Activities of officers and employees in claims against and
other matters affecting the Government
``(a) Federal Matters.--Whoever, being an officer or employee of the
United States in the executive, legislative, or judicial branch of the
Government or in any agency of the United States, other than in the
proper discharge of his official duties--
``(1) acts as agent or attorney for prosecuting any claim
against the United States, or receives any gratuity, or any
share of or interest in any such claim, in consideration of
assistance in the prosecution of such claim; or
``(2) acts as agent or attorney for anyone before any
department, agency, court, court-martial, officer, or civil,
military, or naval commission in connection with any covered
matter in which the United States is a party or has a direct
and substantial interest;
shall be subject to the penalties set forth in section 216 of this
title.
``(b) District of Columbia.--Whoever, being an officer or employee of
the District of Columbia or an officer or employee of the Office of the
United States Attorney for the District of Columbia, otherwise than in
the proper discharge of official duties--
``(1) acts as agent or attorney for prosecuting any claim
against the District of Columbia, or receives any gratuity, or
any share of or interest in any such claim in consideration of
assistance in the prosecution of such claim; or
``(2) acts as agent or attorney for anyone before any
department, agency, court, officer, or commission in connection
with any covered matter in which the District of Columbia is a
party or has a direct and substantial interest;
shall be subject to the penalties set forth in section 216 of this
title.
``(c) Special Government Employees.--A special Government employee
shall be subject to subsections (a) and (b) only in relation to a
covered matter involving a specific party or parties--
``(1) in which he has at any time participated personally and
substantially as a Government employee or special Government
employee through decision, approval, disapproval,
recommendation, the rendering of advice, investigation, or
otherwise; or
``(2) which is pending in the department or agency of the
Government in which he is serving.
Paragraph (2) shall not apply in the case of a special Government
employee who has served in such department or agency no more than sixty
days during the immediately preceding period of three hundred and
sixty-five consecutive days.
``(d) Exclusion With Respect to Certain Persons.--
``(1) Generally.--Nothing in subsection (a) or (b) prevents
an officer or employee, if not inconsistent with the faithful
performance of that officer's or employee's duties, from acting
without compensation as agent or attorney for, or otherwise
representing--
``(A) any person who is the subject of disciplinary,
loyalty, or other personnel administration proceedings
in connection with those proceedings; or
``(B) except as provided in paragraph (2), any
cooperative, voluntary, professional, recreational, or
similar organization or group not established or
operated for profit, if a majority of the
organization's or group's members are current officers
or employees of the United States or of the District of
Columbia, or their spouses or dependent children.
``(2) Exception.--Paragraph (1)(B) does not apply with
respect to a covered matter that--
``(A) is a claim under subsection (a)(1) or (b)(1);
``(B) is a judicial or administrative proceeding
where the organization or group is a party; or
``(C) involves a grant, contract, or other agreement
(including a request for any such grant, contract, or
agreement) providing for the disbursement of Federal
funds to the organization or group.
``(e) Exclusion With Respect Family Members.--Nothing in subsection
(a) or (b) prevents an officer or employee, including a special
Government employee, from acting, with or without compensation, as
agent or attorney for, or otherwise representing, his parents, spouse,
child, or any person for whom, or for any estate for which, he is
serving as guardian, executor, administrator, trustee, or other
personal fiduciary except--
``(1) in those matters in which he has participated
personally and substantially as a Government employee or
special Government employee through decision, approval,
disapproval, recommendation, the rendering of advice,
investigation, or otherwise, or
``(2) in those matters which are the subject of his official
responsibility,
subject to approval by the Government official responsible for
appointment to his position.
``(f) Certification of National Interest.--Nothing in subsection (a)
or (b) prevents a special Government employee from acting as agent or
attorney for another person in the performance of work under a grant
by, or a contract with or for the benefit of, the United States if the
head of the department or agency concerned with the grant or contract
certifies in writing that the national interest so requires and
publishes such certification in the Federal Register.
``(g) Testimony and Statements.--Nothing in this section prevents an
officer or employee from giving testimony under oath or from making
statements required to be made under penalty for perjury or contempt.
``(h) Definition.--For the purpose of this section, the term `covered
matter' means any judicial or other proceeding, application, request
for a ruling or other determination, contract, claim, controversy,
investigation, charge, accusation, arrest, or other particular matter.
``(i) Additional Exclusions.--Nothing in this section prevents an
employee from acting pursuant to--
``(1) chapter 71 of title 5;
``(2) section 1004 or chapter 12 of title 39;
``(3) section 3 of the Tennessee Valley Authority Act of 1933
(16 U.S.C. 831b);
``(4) chapter 10 of title I of the Foreign Service Act of
1980 (22 U.S.C. 4104 et seq.); or
``(5) any provision of any other Federal or District of
Columbia law that authorizes labor-management relations between
an agency or instrumentality of the United States or the
District of Columbia and any labor organization that represents
its employees.
``Sec. 996. Exemption of retired officers of the uniformed services
``Sections 993 and 995 of this title shall not apply to a retired
officer of the uniformed services of the United States while not on
active duty and not otherwise an officer or employee of the United
States, or to any person specially excepted by Act of Congress.
``Sec. 997. 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.--Whoever 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 1004 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 1004.
``(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. Whoever violates this subsection
shall be punished as provided in section 1004 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 1004 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.
``(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 1 year 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 1004 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.--(A) Any
person who is a Member of Congress or an elected officer of
either House of Congress 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 subparagraph (B) or (C), 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 1004 of this title.
``(B) The persons referred to in subparagraph (A) with
respect to appearances or communications by a former Member of
Congress are any Member, officer, or employee of either House
of Congress, and any employee of any other legislative office
of the Congress.
``(C) The persons referred to in subparagraph (A) with
respect to appearances or communications by a former elected
officer are any Member, officer, or employee of the House of
Congress in which the elected officer served.
``(2) Personal staff.--(A) Any person who is an employee of a
Senator or an employee of a Member of the House of
Representatives 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 1004 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 Senator or Member of the House of
Representatives for whom that person was an employee.
``(ii) Any employee of that Senator or Member of the
House of Representatives.
``(3) Committee staff.--Any person who is an employee of a
committee of Congress and who, within 1 year after the
termination of that person's employment on such committee,
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 who was a Member of
the committee in the year immediately prior to the termination
of such person's employment by the committee, 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
1004 of this title.
``(4) Leadership staff.--(A) Any person who is an employee on
the leadership staff of the House of Representatives or an
employee on the leadership staff of the Senate 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 1004 of this
title.
``(B) The persons referred to in subparagraph (A) with
respect to appearances or communications by a former employee
are the following:
``(i) In the case of a former employee on the
leadership staff of the House of Representatives, those
persons are any Member of the leadership of the House
of Representatives and any employee on the leadership
staff of the House of Representatives.
``(ii) In the case of a former employee on the
leadership staff of the Senate, those persons are any
Member of the leadership of the Senate and any employee
on the leadership staff of the Senate.
``(5) Other legislative offices.--(A) Any person who is an
employee of any other legislative office of the Congress 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 1004 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.
``(6) Limitation on restrictions.--(A) The restrictions
contained in paragraphs (2), (3), and (4) 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 (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 employed in
a position for which the rate of basic pay, exclusive of any
locality-based pay adjustment under section 5302 of title 5 (or
any comparable adjustment pursuant to interim authority of the
President), is equal to or greater than the basic rate of pay
payable for level V of the Senior Executive Service.
``(7) 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 Printing Office, the Library of Congress,
the Office of Technology Assessment, the Congressional
Budget Office, the Copyright Royalty Tribunal, the
United States Capitol Police, and any other agency,
entity, or office in the legislative branch not covered
by paragraph (1), (2), (3), or (4) 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); and
``(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 1004 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.--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.
``(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;
and
``(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.
``(k) Waiver.--(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 1004 of this title.
``Sec. 998. Acts affecting a personal financial interest
``(a) Offense.--Except as permitted by subsection (b), whoever, being
an officer or employee of the executive branch of the United States
Government, or of any independent agency of the United States, a
Federal Reserve bank director, officer, or employee, or an officer or
employee of the District of Columbia, including a special Government
employee, participates personally and substantially as a Government
officer or employee, through decision, approval, disapproval,
recommendation, the rendering of advice, investigation, or otherwise,
in a judicial or other proceeding, application, request for a ruling or
other determination, contract, claim, controversy, charge, accusation,
arrest, or other particular matter in which, to his knowledge, he, his
spouse, minor child, general partner, organization in which he is
serving as officer, director, trustee, general partner or employee, or
any person or organization with whom he is negotiating or has any
arrangement concerning prospective employment, has a financial interest
shall be subject to the penalties set forth in section 1004 of this
title.
``(b) Exclusions.--Subsection (a) shall not apply--
``(1) if the officer or employee first advises the Government
official responsible for appointment to his or her position of
the nature and circumstances of the judicial or other
proceeding, application, request for a ruling or other
determination, contract, claim, controversy, charge,
accusation, arrest, or other particular matter and makes full
disclosure of the financial interest and receives in advance a
written determination made by such official that the interest
is not so substantial as to be deemed likely to affect the
integrity of the services which the Government may expect from
such officer or employee;
``(2) if, by regulation issued by the Director of the Office
of Government Ethics, applicable to all or a portion of all
officers and employees covered by this section, and published
in the Federal Register, the financial interest has been
exempted from the requirements of subsection (a) as being too
remote or too inconsequential to affect the integrity of the
services of the Government officers or employees to which such
regulation applies;
``(3) in the case of a special Government employee serving on
an advisory committee within the meaning of the Federal
Advisory Committee Act (including an individual being
considered for an appointment to such a position), the official
responsible for the employee's appointment, after review of the
financial disclosure report filed by the individual pursuant to
the Ethics in Government Act of 1978, certifies in writing that
the need for the individual's services outweighs the potential
for a conflict of interest created by the financial interest
involved; or
``(4) if the financial interest that would be affected by the
particular matter involved is that resulting solely from the
interest of the officer or employee, or his or her spouse or
minor child, in birthrights--
``(A) in an Indian tribe, band, nation, or other
organized group or community, including any Alaska
Native village corporation as defined in or established
pursuant to the Alaska Native Claims Settlement Act,
which is recognized as eligible for the special
programs and services provided by the United States to
Indians because of their status as Indians,
``(B) in an Indian allotment the title to which is
held in trust by the United States or which is
inalienable by the allottee without the consent of the
United States, or
``(C) in an Indian claims fund held in trust or
administered by the United States,
if the particular matter does not involve the Indian allotment
or claims fund or the Indian tribe, band, nation, organized
group or community, or Alaska Native village corporation as a
specific party or parties.
``(c) Deeming Provision.--(1) For the purpose of paragraph (1) of
subsection (b), in the case of class A and B directors of Federal
Reserve banks, the Board of Governors of the Federal Reserve System
shall be deemed to be the Government official responsible for
appointment.
``(2) The potential availability of an exemption under any particular
paragraph of subsection (b) does not preclude an exemption being
granted pursuant to another paragraph of subsection (b).
``(d) Public Availability.--
``(1) Generally.--Upon request, a copy of any determination
granting an exemption under subsection (b)(1) or (b)(3) shall
be made available to the public by the agency granting the
exemption pursuant to the procedures set forth in section 105
of the Ethics in Government Act of 1978. In making such
determination available, the agency may withhold from
disclosure any information contained in the determination that
would be exempt from disclosure under section 552 of title 5.
For purposes of determinations under subsection (b)(3), the
information describing each financial interest shall be no more
extensive than that required of the individual in his or her
financial disclosure report under the Ethics in Government Act
of 1978.
``(2) Uniform regulations.--The Office of Government Ethics,
after consultation with the Attorney General, shall issue
uniform regulations for the issuance of waivers and exemptions
under subsection (b) which shall--
``(A) list and describe exemptions; and
``(B) provide guidance with respect to the types of interests
that are not so substantial as to be deemed likely to affect
the integrity of the services the Government may expect from
the employee.
``Sec. 999. Salary of Government officials and employees payable only
by United States
``(a) Offense.--Whoever--
``(1) receives any salary, or any contribution to or
supplementation of salary, as compensation for his services as
an officer or employee of the executive branch of the United
States Government, of any independent agency of the United
States, or of the District of Columbia, from any source other
than the Government of the United States, except as may be
contributed out of the treasury of any State, county, or
municipality; or
``(2) whoever, whether an individual, partnership,
association, corporation, or other organization pays, makes any
contribution to, or in any way supplements, the salary of any
such officer or employee under circumstances which would make
its receipt a violation of this subsection;
shall be subject to the penalties set forth in section 1004 of this
title.
``(b) Exclusion.--Nothing herein prevents an officer or employee of
the executive branch of the United States Government, or of any
independent agency of the United States, or of the District of
Columbia, from continuing to participate in a bona fide pension,
retirement, group life, health or accident insurance, profit-sharing,
stock bonus, or other employee welfare or benefit plan maintained by a
former employer.
``(c) Special Government Employee.--This section does not apply to a
special Government employee or to an officer or employee of the
Government serving without compensation, whether or not he is a special
Government employee, or to any person paying, contributing to, or
supplementing his salary as such.
``(d) Payments Under Chapter 41 of Title 5.--This section does not
prohibit payment or acceptance of contributions, awards, or other
expenses under the terms of chapter 41 of title 5.
``(e) Relocation Expenses.--This section does not prohibit the
payment of actual relocation expenses incident to participation, or the
acceptance of same by a participant in an executive exchange or
fellowship program in an executive agency, if such program has been
established by statute or Executive order of the President, offers
appointments not to exceed three hundred and sixty-five days, and
permits no extensions in excess of ninety additional days or, in the
case of participants in overseas assignments, in excess of 365 days.
``(f) Injuries During Certain Offense.--This section does not
prohibit acceptance or receipt, by any officer or employee injured
during the commission of an offense described in section 102(7) or
102(8) of this title, of contributions or payments from an organization
which is described in section 501(c)(3) of the Internal Revenue Code of
1986 and which is exempt from taxation under section 501(a) of such
Code.
``(g) Private Sector Organization.--
``(1) Generally.--This section does not prohibit an employee
of a private sector organization, while assigned to an agency
under chapter 37 of title 5, from continuing to receive pay and
benefits from such organization in accordance with such
chapter.
``(2) Definition.--As used in this subsection, the term
`agency' means an agency (as defined by section 3701 of title
5) and the Office of the Chief Technology Officer of the
District of Columbia.
``(h) Reserver Components of Armed Forces.--This section does not
prohibit a member of the reserve components of the armed forces on
active duty pursuant to a call or order to active duty under a
provision of law referred to in section 101(a)(13) of title 10 from
receiving from any person that employed such member before the call or
order to active duty any payment of any part of the salary or wages
that such person would have paid the member if the member's employment
had not been interrupted by such call or order to active duty.
``Sec. 1000. Offer to procure appointive public office
``Whoever pays or offers or promises any money or thing of value, to
any person, firm, or corporation in consideration of the use or promise
to use any influence to procure any appointive office or place under
the United States for any person, shall be imprisoned not more than one
year.
``Sec. 1001. Acceptance or solicitation To obtain appointive public
office
``(a) Promise of Office.--Whoever solicits or receives, either as a
political contribution, or for personal emolument, any money or thing
of value, in consideration of the promise of support or use of
influence in obtaining for any person any appointive office or place
under the United States, shall be imprisoned not more than one year.
``(b) Adding Person To Obtain Employment.--Whoever solicits or
receives any thing of value in consideration of aiding a person to
obtain employment under the United States either by referring his name
to an executive department or agency of the United States or by
requiring the payment of a fee because such person has secured such
employment shall be imprisoned not more than one year.
``(c) Exclusion.--This section does not apply to such services
rendered by an employment agency pursuant to the written request of an
executive department or agency of the United States.
``Sec. 1002. Acceptance of loan or gratuity by financial institution
examiner
``Whoever, being an examiner or assistant examiner, accepts a loan or
gratuity from any bank, branch, agency, organization, corporation,
association, or institution examined by the examiner or from any person
connected with it, shall--
``(1) be imprisoned not more than 1 year; and
``(2) shall be disqualified from holding office as an
examiner.
``Sec. 1003. Receipt of commissions or gifts for procuring loans
``(a) Offense.--Whoever--
``(1) corruptly gives, offers, or promises anything of value
to any person, with intent to influence or reward an officer,
director, employee, agent, or attorney of a financial
institution in connection with any business or transaction of
such institution; or
``(2) as an officer, director, employee, agent, or attorney
of a financial institution, corruptly solicits or demands for
the benefit of any person, or corruptly accepts or agrees to
accept, anything of value from any person, intending to be
influenced or rewarded in connection with any business or
transaction of such institution;
shall be imprisoned not more than 30 years, but if the value of the
thing given, offered, promised, solicited, demanded, accepted, or
agreed to be accepted does not exceed $1000, shall be imprisoned not
more than one year.
``(b) Exclusion.--This section shall not apply to bona fide salary,
wages, fees, or other compensation paid, or expenses paid or
reimbursed, in the usual course of business.
``(c) Guidelines.--Federal agencies with responsibility for
regulating a financial institution shall jointly establish such
guidelines as are appropriate to assist an officer, director, employee,
agent, or attorney of a financial institution to comply with this
section. Such agencies shall make such guidelines available to the
public.
``Sec. 1004. Penalties and injunctions
``(a) Criminal Penalties.--The punishment for an offense under
section 993, 994, 995, 997, 998, or 999 of this title is the following:
``(1) Whoever engages in the conduct constituting the offense
shall be imprisoned for not more than one year.
``(2) Whoever knowingly engages in the conduct constituting
the offense shall be imprisoned for not more than five years.
``(b) Civil Action.--The Attorney General may bring a civil action in
the appropriate United States district court against any person who
engages in conduct constituting an offense under section 993, 994, 995,
997, 998, or 999 of this title and, upon proof of such conduct by a
preponderance of the evidence, such person shall be subject to a civil
penalty of not more than $50,000 for each violation or the amount of
compensation which the person received or offered for the prohibited
conduct, whichever amount is greater. The imposition of a civil penalty
under this subsection does not preclude any other criminal or civil
statutory, common law, or administrative remedy, which is available by
law to the United States or any other person.
``(c) Court Order.--If the Attorney General has reason to believe
that a person is engaging in conduct constituting an offense under
section 993, 994, 995, 997, 998, or 999 of this title, the Attorney
General may petition an appropriate United States district court for an
order prohibiting that person from engaging in such conduct. The court
may issue an order prohibiting that person from engaging in such
conduct if the court finds that the conduct constitutes such an
offense. The filing of a petition under this section does not preclude
any other remedy which is available by law to the United States or any
other person.
``Sec. 1005. Voiding transactions in violation of chapter; recovery by
the United States
``In addition to any other remedies provided by law the President or,
under regulations prescribed by him, the head of any department or
agency involved, may declare void and rescind any contract, loan,
grant, subsidy, license, right, permit, franchise, use, authority,
privilege, benefit, certificate, ruling, decision, opinion, or rate
schedule awarded, granted, paid, furnished, or published, or the
performance of any service or transfer or delivery of any thing to, by
or for any agency of the United States or officer or employee of the
United States or person acting on behalf thereof, in relation to which
there has been a final conviction for any violation of this chapter,
and the United States shall be entitled to recover in addition to any
penalty prescribed by law or in a contract the amount expended or the
thing transferred or delivered on its behalf, or the reasonable value
thereof.
``Sec. 1006. Officers and employees acting as agents of foreign
principals
``(a) Offense.--Whoever, being a public official, is or acts as an
agent of a foreign principal required to register under the Foreign
Agents Registration Act of 1938 or a lobbyist required to register
under the Lobbying Disclosure Act of 1995 in connection with the
representation of a foreign entity, as defined in section 3(6) of that
Act shall be imprisoned for not more than two years.
``(b) Exclusion.--Nothing in this section shall apply to the
employment of any agent of a foreign principal as a special Government
employee in any case in which the head of the employing agency
certifies that such employment is required in the national interest. A
copy of any certification under this paragraph shall be forwarded by
the head of such agency to the Attorney General who shall cause the
same to be filed with the registration statement and other documents
filed by such agent, and made available for public inspection in
accordance with section 6 of the Foreign Agents Registration Act of
1938, as amended.
``(c) Definition.--As used in this section `public official' means
Member of Congress, Delegate, or Resident Commissioner, either before
or after he has qualified, or an officer or employee or person acting
for or on behalf of the United States, or any department, agency, or
branch of Government thereof, including the District of Columbia, in
any official function, under or by authority of any such department,
agency, or branch of Government.
``Sec. 1007. Bribery in sporting contests
``(a) Offense.--Whoever knowingly engages in any scheme in or
affecting interstate or foreign commerce to influence any sporting
contest in any way by bribery, shall be imprisoned not more than 5
years.
``(b) Nonpreemption.--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, and
no law of any State, 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) Definition.--As used in this section, 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.
``Sec. 1008. Continuing financial crimes enterprise
``(a) Offense.--Whoever--
``(1) organizes, manages, or supervises a continuing
financial crimes enterprise; and
``(2) receives $5,000,000 or more in gross receipts from such
enterprise during any 24-month period,
shall be imprisoned for a term of not less than 10 years and which may
be life.
``(b) Definition.--As used in subsection (a), the term `continuing
financial crimes enterprise' means a series of violations under section
1003, 644, 645, 773, 774, 775, 779, 789, 804, 801, and 803 affecting a
financial institution, committed by at least 4 persons acting in
concert.
``SUBCHAPTER B--CLAIMS AND SERVICES IN MATTERS AFFECTING GOVERNMENT
``Sec.
``1017. False, fictitious, or fraudulent claims.
``Sec. 1017. False, fictitious, or fraudulent claims
``Whoever makes or presents to any person or officer in the civil,
military, or naval service of the United States, or to any department
or agency thereof, any claim upon or against the United States, or any
department or agency thereof, knowing such claim to be false,
fictitious, or fraudulent, shall be imprisoned not more than five
years.
``SUBCHAPTER C--CONTEMPTS
``Sec.
``1021. Power of court.
``1022. Contempts constituting crimes.
``Sec. 1021. Power of court
``A court of the United States shall have power to punish by fine or
imprisonment, or both, at its discretion, such contempt of its
authority, and none other, as--
``(1) misbehavior of any person in its presence or so near
thereto as to obstruct the administration of justice;
``(2) misbehavior of any of its officers in their official
transactions; or
``(3) disobedience or resistance to its lawful writ, process,
order, rule, decree, or command.
``Sec. 1022. Contempts constituting crimes
``(a) Offense.--Whoever disobeys 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 and shall be imprisoned any term of years or for life.
``(b) Payment of Fine and Limitations on Fine and Imprisonment.--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.
``(c) Applicability of Section.--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.
``SUBCHAPTER D--ELECTIONS AND POLITICAL ACTIVITIES
``Sec.
``1031. Intimidation of voters.
``1032. Deprivation of employment or other benefit for political
contribution.
``1033. Solicitation of political contributions.
``1034. Coercion of political activity.
``1035. Voting by aliens.
``Sec. 1031. Intimidation of voters
``Whoever intimidates, threatens, coerces, or attempts to intimidate,
threaten, or coerce, any other person for the purpose of interfering
with the right of such other person to vote or to vote as he may
choose, or of causing such other person to vote for, or not to vote
for, 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, at any election held solely or in part for the purpose of
electing such candidate, shall be imprisoned not more than one year.
``Sec. 1032. Deprivation of employment or other benefit for political
contribution
``(a) Offense.--Whoever 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 imprisoned not more than one year.
``(b) Definitions.--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; 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.
``Sec. 1033. Solicitation of political contributions
``(a) Offense.--It shall be unlawful for--
``(1) a candidate for the Congress;
``(2) an individual elected to or serving in the office of
Senator or Representative in, or Delegate or Resident
Commissioner to, the Congress;
``(3) an officer or employee of the United States or any
department or agency thereof; or
``(4) a person receiving any salary or compensation for
services from money derived from the Treasury of the United
States; to knowingly solicit any contribution within the
meaning of section 301(8) of the Federal Election Campaign Act
of 1971 from any other such officer, employee, or person.
Whoever violates this section shall be imprisoned not more than
3 years.
``(b) Exclusion.--The prohibition in subsection (a) shall not apply
to any activity of an employee (as defined in section 7322(1) of title
5) or any individual employed in or under the United States Postal
Service or the Postal Rate Commission, unless that activity is
prohibited by section 7323 or 7324 of such title.
``Sec. 1034. Coercion of political activity
``It shall be unlawful for any person to intimidate, threaten,
command, or coerce, or attempt to intimidate, threaten, command, or
coerce, any employee of the Federal Government as defined in section
7322(1) of title 5, to engage in, or not to engage in, any political
activity, including, voting or refusing to vote for any candidate or
measure in any election, making or refusing to make any political
contribution, or working or refusing to work on behalf of any
candidate. Whoever violates this section shall be imprisoned not more
than three years.
``Sec. 1035. Voting by aliens
``(a) Elements of Offense.--It shall be unlawful for any alien to
vote in any election held solely or in part for the purpose of electing
a 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,
unless--
``(1) the election is held partly for some other purpose;
``(2) aliens are authorized to vote for such other purpose
under a State constitution or statute or a local ordinance; and
``(3) voting for such other purpose is conducted
independently of voting for a candidate for such Federal
offices, in such a manner that an alien has the opportunity to
vote for such other purpose, but not an opportunity to vote for
a candidate for any one or more of such Federal offices.
``(b) Punishment.--Whoever violates this section shall be imprisoned
not more than one year.
``(c) Exclusion.--Subsection (a) does not apply to an alien if--
``(1) each natural parent of the alien (or, in the case of an
adopted alien, each adoptive parent of the alien) is or was a
citizen (whether by birth or naturalization);
``(2) the alien permanently resided in the United States
prior to attaining the age of 16; and
``(3) the alien reasonably believed at the time of voting in
violation of such subsection that he or she was a citizen of
the United States.
``SUBCHAPTER E--EMBLEMS, INSIGNIA, AND NAMES
``Sec.
``1051. Desecration of the flag of the United States; penalties.
``1052. Official badges, identification cards, other insignia.
``1053. Uniform of armed forces and Public Health Service.
``1054. Military medals or decorations.
``1055. False advertising or misuse of names to indicate Federal
agency.
``1056. Misuse of names, words, emblems, or insignia.
``1057. Use of likenesses of the great seal of the United States, the
seals of the President and Vice President, the seal of the
United States Senate, the seal of the United States House of
Representatives, and the seal of the United States Congress.
``1058. Public employee insignia and uniform.
``Sec. 1051. Desecration of the flag of the United States; penalties
``(a) Offense.--Whoever knowingly mutilates, defaces, physically
defiles, burns, maintains on the floor or ground, or tramples upon any
flag of the United States shall be imprisoned for not more than one
year.
``(b) Exclusions.--This subsection does not prohibit any conduct
consisting of the disposal of a flag when it has become worn or soiled.
``(c) Definition.--As used in this section, the term `flag of the
United States' means any flag of the United States, or any part
thereof, made of any substance, of any size, in a form that is commonly
displayed.
``(d) Nonpreemption.--Nothing in this section shall be construed as
indicating an intent on the part of Congress to deprive any State of
jurisdiction over any offense over which it would have jurisdiction in
the absence of this section.
``(e) Expedited Appeal.--
``(1) Nature of claim.--An appeal may be taken directly to
the Supreme Court of the United States from any interlocutory
or final judgment, decree, or order issued by a United States
district court ruling upon the constitutionality of subsection
(a).
``(2) Procedural expedition.--The Supreme Court shall, if it has not
previously ruled on the question, accept jurisdiction over the appeal
and advance on the docket and expedite to the greatest extent possible.
``Sec. 1052. Official badges, identification cards, other insignia
``Whoever manufactures, sells, or possesses any badge, identification
card, or other insignia, of the design prescribed by the head of any
department or agency of the United States for use by any officer or
employee thereof, or any colorable imitation thereof, or photographs,
prints, or in any other manner makes or executes any engraving,
photograph, print, or impression in the likeness of any such badge,
identification card, or other insignia, or any colorable imitation
thereof, except as authorized under regulations made pursuant to law,
shall be imprisoned not more than six months.
``Sec. 1053. 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 imprisoned not more
than six months.
``Sec. 1054. Military medals or decorations
``(a) In General.--Whoever knowingly wears, purchases, attempts to
purchase, solicits for purchase, mails, ships, imports, exports,
produces blank certificates of receipt for, manufactures, sells,
attempts to sell, advertises for sale, trades, barters, or exchanges
for anything of value any decoration or medal authorized by Congress
for the armed forces of the United States, or any of the service medals
or badges awarded to the members of such forces, or the ribbon, button,
or rosette of any such badge, decoration or medal, or any colorable
imitation thereof, except when authorized under regulations made
pursuant to law, shall be imprisoned not more than six months.
``(b) False Claim About Receipt of Military Decorations or Medals.--
Whoever falsely represents himself or herself, verbally or in writing,
to have been awarded any decoration or medal authorized by Congress for
the Armed Forces of the United States, any of the service medals or
badges awarded to the members of such forces, the ribbon, button, or
rosette of any such badge, decoration, or medal, or any colorable
imitation of such item shall be imprisoned not more than six months.
``(c) Enhanced Penalty for Offenses Involving Congressional Medal of
Honor.--
``(1) In general.--If a decoration or medal involved in an
offense under subsection (a) or (b) is a Congressional Medal of
Honor, in lieu of the punishment provided in that subsection,
the offender shall be imprisoned not more than 1 year.
``(2) Congressional medal of honor defined.--In this
subsection, the term `Congressional Medal of Honor' means--
``(A) a medal of honor awarded under section 3741,
6241, or 8741 of title 10 or section 491 of title 14;
``(B) a duplicate medal of honor issued under section
3754, 6256, or 8754 of title 10 or section 504 of title
14; or
``(C) a replacement of a medal of honor provided
under section 3747, 6253, or 8747 of title 10 or
section 501 of title 14.
``(d) Enhanced Penalty for Offenses Involving Certain Other Medals.--
If a decoration or medal involved in an offense described in subsection
(a) or (b) is a distinguished-service cross awarded under section 3742
of title 10, a Navy cross awarded under section 6242 of title 10, an
Air Force cross awarded under section 8742 of section 10, a silver star
awarded under section 3746, 6244, or 8746 of title 10, a Purple Heart
awarded under section 1129 of title 10, or any replacement or duplicate
medal for such medal as authorized by law, in lieu of the punishment
provided in the applicable subsection, the offender shall be imprisoned
not more than 1 year.
``Sec. 1055. False advertising or misuse of names to indicate Federal
agency
``(a) Offense.--Whoever--
``(1) except as permitted by the laws of the United States,
uses the words `national', `Federal', `United States',
`reserve', or `Deposit Insurance' as part of the business or
firm name of a person, corporation, partnership, business
trust, association or other business entity engaged in the
banking, loan, building and loan, brokerage, factorage,
insurance, indemnity, savings or trust business;
``(2) falsely advertises or represents, or publishes or
displays any sign, symbol or advertisement reasonably
calculated to convey the impression that a nonmember bank,
banking association, firm or partnership is a member of the
Federal reserve system;
``(3) except as expressly authorized by Federal law, uses the
words `Federal Deposit', `Federal Deposit Insurance', or
`Federal Deposit Insurance Corporation' or a combination of any
three of these words, as the name or a part thereof under which
he or it does business, or advertises or otherwise represents
falsely by any device whatsoever that his or its deposit
liabilities, obligations, certificates, or shares are insured
or guaranteed by the Federal Deposit Insurance Corporation, or
by the United States or by any instrumentality thereof, or
whoever advertises that his or its deposits, shares, or
accounts are federally insured, or falsely advertises or
otherwise represents by any device whatsoever the extent to
which or the manner in which the deposit liabilities of an
insured bank or banks are insured by the Federal Deposit
Insurance Corporation;
``(4) other than a bona fide organization or association of
Federal or State credit unions or except as permitted by the
laws of the United States, uses as a firm or business name or
transacts business using the words `National Credit Union',
`National Credit Union Administration', `National Credit Union
Board', `National Credit Union Share Insurance Fund', `Share
Insurance', or `Central Liquidity Facility', or the letters
`NCUA', `NCUSIF', or `CLF', or any other combination or
variation of those words or letters alone or with other words
or letters, or any device or symbol or other means, reasonably
calculated to convey the false impression that such name or
business has some connection with, or authorization from, the
National Credit Union Administration, the Government of the
United States, or any agency thereof, which does not in fact
exist, or falsely advertises or otherwise represents by any
device whatsoever that his or its business, product, or service
has been in any way endorsed, authorized, or approved by the
National Credit Union Administration, the Government of the
United States, or any agency thereof, or falsely advertises or
otherwise represents by any device whatsoever that his or its
deposit liabilities, obligations, certificates, shares, or
accounts are insured under the Federal Credit Union Act or by
the United States or any instrumentality thereof, or being an
insured credit union as defined in that Act falsely advertises
or otherwise represents by any device whatsoever the extent to
which or the manner in which share holdings in such credit
union are insured under such Act;
``(5) not being organized under the Farm Credit Act of 1971,
advertises or represents that it makes Federal Farm loans or
advertises or offers for sale as Federal Farm loan bonds any
bond not issued under the Farm Credit Act of 1971, or uses the
word `Federal' or the words `United States' or any other words
implying Government ownership, obligation or supervision in
advertising or offering for sale any bond, note, mortgage or
other security not issued by the Government of the United
States under the Farm Credit Act of 1971;
Whoever uses the words `Federal Home Loan Bank' or any combination or
variation of these words alone or with other words as a business name
or part of a business name, or falsely publishes, advertises or
represents by any device or symbol or other means reasonably calculated
to convey the impression that he or it is a Federal Home Loan Bank or
member of or subscriber for the stock of a Federal Home Loan Bank;
``(6) uses the words `Federal intermediate credit bank' as
part of the business or firm name for any person, corporation,
partnership, business trust, association or other business
entity not organized as an intermediate credit bank under the
laws of the United States;
``(7) uses as a firm or business name the words `Department
of Housing and Urban Development', `Housing and Home Finance
Agency', `Federal Housing Administration', `Government National
Mortgage Association', `United States Housing Authority', or
`Public Housing Administration' or the letters `HUD', `FHA',
`PHA', or `USHA', or any combination or variation of those
words or the letters `HUD', `FHA', `PHA', or `USHA' alone or
with other words or letters reasonably calculated to convey the
false impression that such name or business has some connection
with, or authorization from, the Department of Housing and
Urban Development, the Housing and Home Finance Agency, the
Federal Housing Administration, the Government National
Mortgage Association, the United States Housing Authority, the
Public Housing Administration, the Government of the United
States, or any agency thereof, which does not in fact exist, or
falsely claims that any repair, improvement, or alteration of
any existing structure is required or recommended by the
Department of Housing and Urban Development, the Housing and
Home Finance Agency, the Federal Housing Administration, the
Government National Mortgage Association, the United States
Housing Authority, the Public Housing Administration, the
Government of the United States, or any agency thereof, for the
purpose of inducing any person to enter into a contract for the
making of such repairs, alterations, or improvements, or
falsely advertises or falsely represents by any device
whatsoever that any housing unit, project, business, or product
has been in any way endorsed, authorized, inspected, appraised,
or approved by the Department of Housing and Urban Development,
the Housing and Home Finance Agency, the Federal Housing
Administration, the Government National Mortgage Association,
the United States Housing Authority, the Public Housing
Administration, the Government of the United States, or any
agency thereof;
``(8) except with the written permission of the Director of
the Federal Bureau of Investigation, knowingly uses the words
`Federal Bureau of Investigation' or the initials `F.B.I.', or
any colorable imitation of such words or initials, in
connection with any advertisement, circular, book, pamphlet or
other publication, play, motion picture, broadcast, telecast,
or other production, in a manner reasonably calculated to
convey the impression that such advertisement, circular, book,
pamphlet or other publication, play, motion picture, broadcast,
telecast, or other production, is approved, endorsed, or
authorized by the Federal Bureau of Investigation;
``(9) except with written permission of the Director of the
United States Secret Service, knowingly uses the words `Secret
Service', `Secret Service Uniformed Division', the initials
`U.S.S.S.', `U.D.', or any colorable imitation of such words or
initials, in connection with, or as a part of any
advertisement, circular, book, pamphlet or other publication,
play, motion picture, broadcast, telecast, other production,
product, or item, in a manner reasonably calculated to convey
the impression that such advertisement, circular, book,
pamphlet or other publication, product, or item, is approved,
endorsed, or authorized by or associated in any manner with,
the United States Secret Service, or the United States Secret
Service Uniformed Division;
``(10) except with the written permission of the Director of
the United States Mint, knowingly uses the words `United States
Mint' or `U.S. Mint' or any colorable imitation of such words,
in connection with any advertisement, circular, book, pamphlet,
or other publication, play, motion picture, broadcast,
telecast, or other production, in a manner reasonably
calculated to convey the impression that such advertisement,
circular, book, pamphlet, or other publication, play, motion
picture, broadcast, telecast, or other production, is approved,
endorsed, or authorized by or associated in any manner with,
the United States Mint;
``(11) uses the words `Overseas Private Investment',
`Overseas Private Investment Corporation', or `OPIC', as part
of the business or firm name of a person, corporation,
partnership, business trust, association, or business entity;
``(12) except with the written permission of the
Administrator of the Drug Enforcement Administration, knowingly
uses the words `Drug Enforcement Administration' or the
initials `DEA' or any colorable imitation of such words or
initials, in connection with any advertisement, circular, book,
pamphlet, software or other publication, play, motion picture,
broadcast, telecast, or other production, in a manner
reasonably calculated to convey the impression that such
advertisement, circular, book, pamphlet, software or other
publication, play, motion picture, broadcast, telecast, or
other production is approved, endorsed, or authorized by the
Drug Enforcement Administration; or
``(13) except with the written permission of the Director of the
United States Marshals Service, knowingly uses the words `United States
Marshals Service', `U.S. Marshals Service', `United States Marshal',
`U.S. Marshal', `U.S.M.S.', or any colorable imitation of any such
words, or the likeness of a United States Marshals Service badge, logo,
or insignia on any item of apparel, in connection with any
advertisement, circular, book, pamphlet, software, or other
publication, or any play, motion picture, broadcast, telecast, or other
production, in a manner that is reasonably calculated to convey the
impression that the wearer of the item of apparel is acting pursuant to
the legal authority of the United States Marshals Service, or to convey
the impression that such advertisement, circular, book, pamphlet,
software, or other publication, or such play, motion picture,
broadcast, telecast, or other production, is approved, endorsed, or
authorized by the United States Marshals Service;
shall be imprisoned not more than one year.
``(b) Exclusions.--
``(1) Lawful before enactment.--This section does not make
unlawful the use of any name or title which was lawful on June
25, 1948.
``(2) Insurance.--This section shall not make unlawful the
use of the word `national' as part of the name of any business
or firm engaged in the insurance or indemnity business, whether
such firm was engaged in the insurance or indemnity business
prior or subsequent to the date of enactment of this paragraph.
``(c) Enjoining of Violation.--A violation of this section may be
enjoined at the suit of the United States Attorney, upon complaint by
any duly authorized representative of any department or agency of the
United States.
``Sec. 1056. Misuse of names, words, emblems, or insignia
``Whoever, in the course of collecting or aiding in the collection of
private debts or obligations, or being engaged in furnishing private
police, investigation, or other private detective services, uses or
employs in any communication, correspondence, notice, advertisement, or
circular the words `national', `Federal', or `United States', the
initials `U.S.', or any emblem, insignia, or name, for the purpose of
conveying and in a manner reasonably calculated to convey the false
impression that such communication is from a department, agency,
bureau, or instrumentality of the United States or in any manner
represents the United States, shall be imprisoned not more than one
year.
``Sec. 1057. Use of likenesses of the great seal of the United States,
the seals of the President and Vice President, the
seal of the United States Senate, the seal of the
United States House of Representatives, and the
seal of the United States Congress
``(a) Display.--Whoever knowingly displays any printed or other
likeness of the great seal of the United States, or of the seals of the
President or the Vice President of the United States, or the seal of
the United States Senate, or the seal of the United States House of
Representatives, or the seal of the United States Congress, or any
facsimile thereof, in, or in connection with, any advertisement,
poster, circular, book, pamphlet, or other publication, public meeting,
play, motion picture, telecast, or other production, or on any
building, monument, or stationery, for the purpose of conveying, or in
a manner reasonably calculated to convey, a false impression of
sponsorship or approval by the Government of the United States or by
any department, agency, or instrumentality thereof, shall be imprisoned
not more than six months.
``(b) Likeness on Articles.--Whoever, except as authorized under
regulations promulgated by the President and published in the Federal
Register, knowingly manufactures, reproduces, sells, or purchases for
resale, either separately or appended to any article manufactured or
sold, any likeness of the seals of the President or Vice President, or
any substantial part thereof, except for manufacture or sale of the
article for the official use of the Government of the United States,
shall be imprisoned not more than six months.
``(c) Seal of the United States.--Whoever, except as directed by the
United States Senate, or the Secretary of the Senate on its behalf,
knowingly uses, manufactures, reproduces, sells or purchases for
resale, either separately or appended to any article manufactured or
sold, any likeness of the seal of the United States Senate, or any
substantial part thereof, except for manufacture or sale of the article
for the official use of the Government of the United States, shall be
imprisoned not more than six months.
``(d) Seal of United States House of Representatives.--Whoever,
except as directed by the United States House of Representatives, or
the Clerk of the House of Representatives on its behalf, knowingly
uses, manufactures, reproduces, sells or purchases for resale, either
separately or appended to any article manufactured or sold, any
likeness of the seal of the United States House of Representatives, or
any substantial part thereof, except for manufacture or sale of the
article for the official use of the Government of the United States,
shall be imprisoned not more than six months.
``(e) Seal of Congress.--Whoever, except as directed by the United
States Congress, or the Secretary of the Senate and the Clerk of the
House of Representatives, acting jointly on its behalf, knowingly uses,
manufactures, reproduces, sells or purchases for resale, either
separately or appended to any article manufactured or sold, any
likeness of the seal of the United States Congress, or any substantial
part thereof, except for manufacture or sale of the article for the
official use of the Government of the United States, shall be
imprisoned not more than six months.
``(f) Violation May Be Enjoined.--A violation of the provisions of
this section may be enjoined at the suit of the Attorney General--
``(1) in the case of the great seal of the United States and
the seals of the President and Vice President, upon complaint
by any authorized representative of any department or agency of
the United States;
``(2) in the case of the seal of the United States Senate,
upon complaint by the Secretary of the Senate;
``(3) in the case of the seal of the United States House of
Representatives, upon complaint by the Clerk of the House of
Representatives; and
``(4) in the case of the seal of the United States Congress,
upon complaint by the Secretary of the Senate and the Clerk of
the House of Representatives, acting jointly.
``Sec. 1058. Public employee insignia and uniform
``(a) Whoever--
``(1) knowingly transfers, transports, or receives, in
interstate or foreign commerce, a counterfeit official insignia
or uniform;
``(2) knowingly transfers, in interstate or foreign commerce,
a genuine official insignia or uniform to an individual,
knowing that such individual is not authorized to possess it
under the law of the place in which the badge is the official
insignia or uniform;
``(3) knowingly receives a genuine official insignia or
uniform in a transfer prohibited by paragraph (2); or
``(4) being a person not authorized to possess a genuine
official insignia or uniform under the law of the place in
which the badge is the official insignia or uniform, knowingly
transports that badge in interstate or foreign commerce,
shall be imprisoned not more than 6 months.
``(b) It is a defense to a prosecution under this section that the
insignia or uniform is other than a counterfeit insignia or uniform and
is not used to mislead or deceive, or is used or is intended to be used
exclusively--
``(1) as a memento, or in a collection or exhibit;
``(2) for decorative purposes;
``(3) for a dramatic presentation, such as a theatrical,
film, or television production; or
``(4) for any other recreational purpose.
``(c) It is a defense to a prosecution under this section that the
official insignia or uniform is not used or intended to be used to
mislead or deceive, or is a counterfeit insignia or uniform and is used
or is intended to be used exclusively--
``(1) for a dramatic presentation, such as a theatrical,
film, or television production; or
``(2) for legitimate law enforcement purposes.
``(d) As used in this section--
``(1) the term `genuine police badge' means an official badge
issued by public authority to identify an individual as a law
enforcement officer having police powers;
``(2) the term `counterfeit police badge' means an item that
so resembles a police badge that it would deceive an ordinary
individual into believing it was a genuine police badge; and
``(3) the term `official insignia or uniform' means an
article of distinctive clothing or insignia, including a badge,
emblem or identification card, that is an indicium of the
authority of a public employee;
``(4) the term `public employee' means any officer or
employee of the Federal Government or of a State or local
government; and
``(5) the term `uniform' means distinctive clothing or other
items of dress, whether real or counterfeit, worn during the
performance of official duties and which identifies the wearer
as a public agency employee.
``SUBCHAPTER F--ESCAPE AND RESCUE
``Sec.
``1071. Prisoners in custody of institution or officer.
``1072. Instigating or assisting escape.
``1073. Officer permitting escape.
``1074. High speed flight from immigration checkpoint.
``1075. Escape from hospitalization.
``Sec. 1071. Prisoners in custody of institution or officer
``(a) Adults.--Whoever escapes or attempts to escape from the custody
of the Attorney General or his authorized representative, or from any
institution or facility in which he is confined by direction of the
Attorney General, or from any custody under or by virtue of any process
issued under the laws of the United States by any court, judge, or
magistrate judge, or from the custody of an officer or employee of the
United States pursuant to lawful arrest, shall, if the custody or
confinement is by virtue of an arrest on a charge of felony, or
conviction of any offense, be imprisoned not more than five years; or
if the custody or confinement is for extradition, or for exclusion or
expulsion proceedings under the immigration laws, or by virtue of an
arrest or charge of or for a misdemeanor, and prior to conviction, be
imprisoned not more than one year.
``(b) Juveniles.--Whoever escapes or attempts to escape from the
custody of the Attorney General or his authorized representative, or
from any institution or facility in which he is confined by direction
of the Attorney General, or from any custody under or by virtue of any
process issued under the laws of the United States by any court, judge,
or magistrate judge, or from the custody of an officer or employee of
the United States pursuant to lawful arrest, shall, if the custody or
confinement is by virtue of a lawful arrest for a violation of any law
of the United States not punishable by death or life imprisonment and
committed before such person's eighteenth birthday, and as to whom the
Attorney General has not specifically directed the institution of
criminal proceedings, or by virtue of a commitment as a juvenile
delinquent under section 5034 of this title, be imprisoned not more
than one year. Nothing in this section affects the discretionary
authority vested in the Attorney General pursuant to section 5032 of
this title.
``Sec. 1072. Instigating or assisting escape
``(a) Adults.--Whoever rescues or attempts to rescue or instigates,
aids or assists the escape, or attempt to escape, of any person
arrested upon a warrant or other process issued under any law of the
United States, or committed to the custody of the Attorney General or
to any institution or facility by his direction, shall, if the custody
or confinement is by virtue of an arrest on a charge of felony, or
conviction of any offense, be imprisoned not more than five years; or,
if the custody or confinement is for extradition, or for exclusion or
expulsion proceedings under the immigration laws, or by virtue of an
arrest or charge of or for a misdemeanor, and prior to conviction, be
imprisoned not more than one year.
``(b) Juveniles.--Whoever rescues or attempts to rescue or
instigates, aids, or assists the escape or attempted escape of any
person in the custody of the Attorney General or his authorized
representative, or of any person arrested upon a warrant or other
process issued under any law of the United States or from any
institution or facility in which he is confined by direction of the
Attorney General, shall, if the custody or confinement is by virtue of
a lawful arrest for a violation of any law of the United States not
punishable by death or life imprisonment and committed before such
person's eighteenth birthday, and as to whom the Attorney General has
not specifically directed the institution of criminal proceedings, or
by virtue of a commitment as a juvenile delinquent under section 5034
of this title, be imprisoned not more than one year.
``Sec. 1073. Officer permitting escape
``Whoever, having in his custody any prisoner by virtue of process
issued under the laws of the United States by any court, judge, or
magistrate judge, voluntarily suffers such prisoner to escape, shall be
imprisoned not more than 5 years; or if he negligently suffers such
person to escape, he shall be imprisoned not more than one year.
``Sec. 1074. High speed flight from immigration checkpoint
``Whoever flees or evades a checkpoint operated by the Immigration
and Naturalization Service, or any other Federal law enforcement
agency, in a motor vehicle and flees Federal, State, or local law
enforcement agents in excess of the legal speed limit shall be
imprisoned not more than five years.
``Sec. 1075. Escape from hospitalization
``Whoever escapes or attempts to escape from the custody of any
facility or from any place in which or to which he is confined pursuant
to this section 1826 of title 28 or section 4243 of this title, or
whoever rescues or attempts to rescue or instigates, aids, or assists
the escape or attempt to escape of such a person, shall be imprisoned
not more than three years.
``SUBCHAPTER G--FALSE PERSONATION
``Sec.
``1091. Citizen of the United States.
``1092. Officer or employee of the United States.
``1093. Impersonator making arrest or search.
``Sec. 1091. Citizen of the United States
``Whoever falsely represents oneself to be a citizen of the United
States shall be imprisoned not more than three years.
``Sec. 1092. Officer or employee of the United States
``Whoever falsely assumes or pretends to be an officer or employee
acting under the authority of the United States or any department,
agency or officer thereof, and acts as such, or in such pretended
character demands or obtains any money, paper, document, or thing of
value, shall be imprisoned not more than three years.
``Sec. 1093. Impersonator making arrest or search
``Whoever falsely represents oneself to be an officer, agent, or
employee of the United States, and in such assumed character arrests or
detains any person or in any manner searches the person, buildings, or
other property of any person, shall be imprisoned not more than three
years.
``SUBCHAPTER H--FUGITIVES FROM JUSTICE
``Sec.
``1101. Concealing person from arrest.
``1102. Concealing escaped prisoner.
``1103. Flight to avoid prosecution or giving testimony.
``1104. Flight to avoid prosecution for damaging or destroying any
building or other real or personal property.
``Sec. 1101. Concealing person from arrest
``Whoever harbors or conceals any person for whose arrest a warrant
or process has been issued under the provisions of any law of the
United States, so as to prevent his discovery and arrest, after notice
or knowledge of the fact that a warrant or process has been issued for
the apprehension of such person, shall be imprisoned not more than one
year; except that if the warrant or process issued on a charge of
felony, or after conviction of such person of any offense, the
punishment shall be a fine under this title, or imprisonment for not
more than five years, or both.
``Sec. 1102. Concealing escaped prisoner
``Whoever harbors or conceals any prisoner after that prisoner's
escape from the custody of the Attorney General or from a Federal penal
or correctional institution, shall be imprisoned not more than three
years.
``Sec. 1103. Flight to avoid prosecution or giving testimony
``(a) Offense.--Whoever moves or travels in interstate or foreign
commerce with intent--
``(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;
``(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 imprisoned not more than five years.
``(b) Special Venue and Approval Required.--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 subsection
(a)(3) 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. 1104. Flight to avoid prosecution for damaging or destroying any
building or other real or personal property
``(a) Offense.--Whoever moves or travels in interstate or foreign
commerce with intent--
``(1) to avoid prosecution, or custody, or confinement after
conviction, under the laws of the place from which he flees,
for 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 imprisoned not more than five years.
``(b) Venue.--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.
``(c) Rule of Construction.--This section shall not be construed as
indicating an intent on the part of Congress to prevent the exercise by
a State of any jurisdiction over any offense over which that State
would have jurisdiction in the absence of such section.
``SUBCHAPTER I--OBSTRUCTION OF JUSTICE
``Sec.
``1131. Assault on process server.
``1132. Influencing or injuring officer or juror generally.
``1133. Obstruction of proceedings before departments, agencies, and
committees.
``1134. Obstruction of court orders.
``1135. Obstruction of criminal investigations.
``1136. Obstruction of State or local law enforcement with regard to
illegal gambling business.
``1137. Tampering with a witness, victim, or an informant.
``1138. Retaliating against a witness, victim, or an informant.
``1139. Civil action to restrain harassment of a victim or witness.
``1140. Civil action to protect against retaliation in fraud cases.
``1141. Definitions for certain provisions; general provision.
``1142. Destruction of corporate audit records.
``Sec. 1131. Assault on process server
``Whoever--
``(1) knowingly obstructs, resists, or opposes any officer of
the United States, or other person duly authorized, in serving,
or attempting to serve or execute, any legal or judicial writ
or process of any court of the United States, or United States
magistrate judge; or
``(2) assaults, beats, or wounds any officer or other person
duly authorized, knowing him to be such officer, or other
person so duly authorized, in serving or executing any such
writ, rule, order, process, warrant, or other legal or judicial
writ or process;
shall, except as otherwise provided by law, be imprisoned not more than
one year.
``Sec. 1132. Influencing or injuring officer or juror generally
``(a) Elements of the Offense.--Whoever corruptly, or by threats or
force, or by any threatening letter or communication, endeavors to
influence, intimidate, or impede any grand or petit juror, or officer
in or of any court of the United States, or officer who may be serving
at any examination or other proceeding before any United States
magistrate judge or other committing magistrate, in the discharge of
duty, or injures any such grand or petit juror in his or her person or
property on account of any verdict or indictment assented to by him or
her, or on account of being or having been such juror, or injures any
such officer, magistrate judge, or other committing magistrate in his
or her person or property on account of the performance of his official
duties, or corruptly or by threats or force, or by any threatening
letter or communication, influences, obstructs, or impedes, or
endeavors to influence, obstruct, or impede, the due administration of
justice, shall be punished as provided in subsection (b). If the
offense under this section occurs in connection with a trial of a
criminal case, and the act in violation of this section involves the
threat of physical force or physical force, the maximum term of
imprisonment which may be imposed for the offense shall be the higher
of that otherwise provided by law or the maximum term that could have
been imposed for any offense charged in such case.
``(b) Punishment.--The punishment for an offense under this section
is--
``(1) in the case of a killing, the punishment provided in
chapter 10;
``(2) in the case of an attempted killing, or a case in which
the offense was committed against a petit juror and,
imprisonment for not more than 20 years; and
``(3) in any other case, imprisonment for not more than 10
years.
``Sec. 1133. Obstruction of proceedings before departments, agencies,
and committees
``Whoever--
``(1) with intent to avoid, evade, prevent, or obstruct
compliance, in whole or in part, with any civil investigative
demand duly and properly made under the Antitrust Civil Process
Act, knowingly withholds, misrepresents, removes from any
place, conceals, covers up, destroys, mutilates, alters, or by
other means falsifies any documentary material, answers to
written interrogatories, or oral testimony, which is the
subject of such demand; or attempts to do so or solicits
another to do so; or
``(2) corruptly, or by threats or force, or by any
threatening letter or communication influences, obstructs, or
impedes the due and proper administration of the law under
which any pending proceeding is being had before any department
or agency of the United States, or the due and proper exercise
of the power of inquiry under which any inquiry or
investigation is being had by either House, or any committee of
either House or any joint committee of the Congress;
shall be imprisoned not more than 5 years or, if the offense involves
international or domestic terrorism (as defined in section 283),
imprisoned not more than 8 years.
``Sec. 1134. Obstruction of court orders
``(a) Offense.--Whoever, by threats or force, knowingly prevents,
obstructs, impedes, or interferes with the due exercise of rights or
the performance of duties under any order, judgment, or decree of a
court of the United States, shall be imprisoned not more than one year.
``(b) Injunctive and Other Relief Available.--No injunctive or other
civil relief against the conduct made criminal by this section shall be
denied on the ground that such conduct is a crime.
``Sec. 1135. Obstruction of criminal investigations
``(a) In General.--Whoever knowingly attempts by means of bribery to
obstruct, delay, or prevent the communication of information relating
to a violation of any criminal statute of the United States by any
person to a criminal investigator shall be imprisoned not more than
five years.
``(b) Financial Institutions.--(1) Whoever, being an officer of a
financial institution, with the intent to obstruct a judicial
proceeding, notifies any other person about the existence or contents
of a subpoena for records of that financial institution, or information
that has been furnished to the grand jury in response to that subpoena,
shall be imprisoned not more than 5 years.
``(2) Whoever, being an officer of a financial institution notifies--
``(A) a customer of that financial institution whose records
are sought by a grand jury subpoena; or
``(B) any other person named in that subpoena;
about the existence or contents of that subpoena or information that
has been furnished to the grand jury in response to that subpoena,
shall be imprisoned not more than one year.
``(3) As used in this subsection--
``(A) the term `an officer of a financial institution' means
an officer, director, partner, employee, agent, or attorney of
or for a financial institution; and
``(B) the term `subpoena for records' means a Federal grand
jury subpoena or a Department of Justice subpoena (issued under
section 3486 of title 18), for customer records that has been
served relating to a violation of, or a conspiracy to violate--
``(i) section 1003, 644, 645, 773, 774, 775, 779,
804, 1451, 1452, or chapter 53 of title 31; or
``(ii) section 801 or 803 affecting a financial
institution.
``(c) Definition.--As used in this section, the term `criminal
investigator' means any individual duly authorized by a department,
agency, or armed force of the United States to conduct or engage in
investigations of or prosecutions for violations of the criminal laws
of the United States.
``(d) Insurance.--(1) Whoever--
``(A) acting as, or being, an officer, director, agent or
employee of a 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,
with intent to obstruct a judicial proceeding, notifies any other
person about the existence or contents of a subpoena for records of
that person engaged in such business or information that has been
furnished to a Federal grand jury in response to that subpoena, shall
be imprisoned not more than 5 years.
``(2) As used in paragraph (1), the term `subpoena for records' means
a Federal grand jury subpoena for records that has been served relating
to a violation of, or a conspiracy to violate, section 1033 of this
title.
``(e) Whoever, having been notified of the applicable disclosure
prohibitions or confidentiality requirements of section 2709(c)(1) of
this title, section 626(d)(1) or 627(c)(1) of the Fair Credit Reporting
Act (15 U.S.C. 1681u(d)(1) or 1681v(c)(1)), section 1114(a)(3)(A) or
1114(a)(5)(D)(i) of the Right to Financial Privacy Act (12 U.S.C.
3414(a)(3)(A) or 3414(a)(5)(D)(i)), or section 802(b)(1) of the
National Security Act of 1947 (50 U.S.C. 436(b)(1)), knowingly and with
the intent to obstruct an investigation or judicial proceeding violates
such prohibitions or requirements applicable by law to such person
shall be imprisoned for not more than five years.
``Sec. 1136. Obstruction of State or local law enforcement with regard
to illegal gambling business
``(a) Elements of the Offense.--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) Definitions.--As used in this section--
``(1) the term `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; and
``(2) the term `gambling' includes pool-selling, bookmaking,
maintaining slot machines, roulette wheels, or dice tables, and
conducting lotteries, policy, bolita or numbers games, or
selling chances therein.
``(c) Exclusion.--This section does 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, 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 reimbursement for
actual expenses incurred in the conduct of such activity.
``(d) Punishment.--Whoever violates this section shall be imprisoned
not more than five years.
``Sec. 1137. Tampering with a witness, victim, or an informant
``(a) Violent Offense.--
``(1) Killing.--Whoever kills or attempts to kill another
person, with intent to--
``(A) prevent the attendance or testimony of any
person in an official proceeding;
``(B) prevent the production of a record, document,
or other object, in an official proceeding; or
``(C) prevent the communication by any person to a
law enforcement officer or judge of the United States
of information relating to the commission or possible
commission of a Federal offense or a violation of
conditions of probation, parole, or release pending
judicial proceedings;
shall be punished as provided in paragraph (3).
``(2) Use or Threat of Physical Force.--Whoever uses physical
force or the threat of physical force against any person, or
attempts to do so, with intent to--
``(A) influence, delay, or prevent the testimony of
any person in an official proceeding;
``(B) cause or induce any person to--
``(i) withhold testimony, or withhold a
record, document, or other object, from an
official proceeding;
``(ii) alter, destroy, mutilate, or conceal
an object with intent to impair the integrity
or availability of the object for use in an
official proceeding;
``(iii) evade legal process summoning that
person to appear as a witness, or to produce a
record, document, or other object, in an
official proceeding; or
``(iv) be absent from an official proceeding
to which that person has been summoned by legal
process; or
``(C) hinder, delay, or prevent the communication to
a law enforcement officer or judge of the United States
of information relating to the commission or possible
commission of a Federal offense or a violation of
conditions of probation, supervised release, parole, or
release pending judicial proceedings;
shall be punished as provided in paragraph (3).
``(3) Punishment.--The punishment for an offense under this
subsection is--
``(A) the same as provided for a like offense in
chapter 10; and
``(B) in the case of the threat of use of physical
force against any person, imprisonment for not more
than 10 years.
``(b) Nonviolent Offenses Involving Other Persons.--Whoever knowingly
uses intimidation, threatens, or corruptly persuades another person, or
attempts to do so, or engages in misleading conduct toward another
person, with intent to--
``(1) influence, delay, or prevent the testimony of any
person in an official proceeding;
``(2) cause or induce any person to--
``(A) withhold testimony, or withhold a record,
document, or other object, from an official proceeding;
``(B) alter, destroy, mutilate, or conceal an object
with intent to impair the object's integrity or
availability for use in an official proceeding;
``(C) evade legal process summoning that person to
appear as a witness, or to produce a record, document,
or other object, in an official proceeding; or
``(D) be absent from an official proceeding to which
such person has been summoned by legal process; or
``(3) hinder, delay, or prevent the communication to a law
enforcement officer or judge of the United States of
information relating to the commission or possible commission
of a Federal offense or a violation of conditions of probation,
supervised release, parole, or release pending judicial
proceedings.
``(c) Nonviolent Offenses Not Involving Other Persons.--Whoever
corruptly--
``(1) alters, destroys, mutilates, or conceals a record,
document, or other object, or attempts to do so, with the
intent to impair the object's integrity or availability for use
in an official proceeding; or
``(2) otherwise obstructs, influences, or impedes any
official proceeding, or attempts to do so,
shall be imprisoned not more than 20 years.
``(d) Harassment.--Whoever intentionally harasses another person and
thereby hinders, delays, prevents, or dissuades any person from--
``(1) attending or testifying in an official proceeding;
``(2) reporting to a law enforcement officer or judge of the
United States the commission or possible commission of a
Federal offense or a violation of conditions of probation,
supervised release, parole, or release pending judicial
proceedings;
``(3) arresting or seeking the arrest of another person in
connection with a Federal offense; or
``(4) causing a criminal prosecution, or a parole or
probation revocation proceeding, to be sought or instituted, or
assisting in such prosecution or proceeding;
or attempts to do so, shall be imprisoned not more than one year.
``(e) Affirmative Defense.--In a prosecution for an offense under
this section, it is an affirmative defense, that the conduct consisted
solely of lawful conduct and that the defendant's sole intention was to
encourage, induce, or cause the other person to testify truthfully.
``(f) Special Rules.--For the purposes of this section--
``(1) an official proceeding need not be pending or about to
be instituted at the time of the offense; and
``(2) the testimony, or the record, document, or other object
need not be admissible in evidence or free of a claim of
privilege.
``(g) State of Mind.--In a prosecution for an offense under this
section, no state of mind need be proved with respect to the
circumstance--
``(1) that the official proceeding before a judge, court,
magistrate judge, grand jury, or government agency is before a
judge or court of the United States, a United States magistrate
judge, a bankruptcy judge, a Federal grand jury, or a Federal
Government agency; or
``(2) that the judge is a judge of the United States or that
the law enforcement officer is an officer or employee of the
Federal Government or a person authorized to act for or on
behalf of the Federal Government or serving the Federal
Government as an adviser or consultant.
``(h) Extraterritorial Jurisdiction.--There is extraterritorial
Federal jurisdiction over an offense under this section.
``(i) Venue.--A prosecution under this section or section 1132 may be
brought in the district in which the official proceeding (whether or
not pending or about to be instituted) was intended to be affected or
in the district in which the conduct constituting the alleged offense
occurred.
``(j) Increased Punishment.--If the offense under this section occurs
in connection with a trial of a criminal case, the maximum term of
imprisonment which may be imposed for the offense shall be the higher
of that otherwise provided by law or the maximum term that could have
been imposed for any offense charged in such case.
``Sec. 1138. Retaliating against a witness, victim, or an informant
``(a) Offenses Involving Killing.--
``(1) Elements of the offense.--Whoever kills another person
with intent to retaliate against any person for--
``(A) the attendance of a witness or party at an
official proceeding, or any testimony given or any
record, document, or other object produced by a witness
in an official proceeding; or
``(B) providing to a law enforcement officer any
information relating to the commission or possible
commission of a Federal offense or a violation of
conditions of probation, supervised release, parole, or
release pending judicial proceedings.
``(2) Punishment.--The punishment for an offense under this
subsection is the same as for a like offense under chapter 10.
``(b) Offenses Involving Bodily Injury.--Whoever knowingly engages in
any conduct and thereby causes bodily injury to another person or
damages the tangible property of another person, or threatens to do so,
with intent to retaliate against any person for--
``(1) the attendance of a witness or party at an official
proceeding, or any testimony given or any record, document, or
other object produced by a witness in an official proceeding;
or
``(2) any information relating to the commission or possible
commission of a Federal offense or a violation of conditions of
probation, supervised release, parole, or release pending
judicial proceedings given by a person to a law enforcement
officer;
``(c) Increased Punishment.--If the retaliation occurred because of
attendance at or testimony in a criminal case, the maximum term of
imprisonment which may be imposed for the offense under this section
shall be the higher of that otherwise provided by law or the maximum
term that could have been imposed for any offense charged in such case.
``(d) Extraterritorial Jurisdiction.--There is extraterritorial
Federal jurisdiction over an offense under this section.
``(e) Other Retaliation.-- Whoever knowingly, with the intent to
retaliate, takes any action harmful to any person, including
interference with the lawful employment or livelihood of any person,
for providing to a law enforcement officer any truthful information
relating to the commission or possible commission of any Federal
offense, shall be imprisoned not more than 10 years.
``Sec. 1139. Civil action to restrain harassment of a victim or witness
``(a) Temporary Restraining Order.--(1) A United States district
court, upon application of the attorney for the Government, shall issue
a temporary restraining order prohibiting harassment of a victim or
witness in a Federal criminal case if the court finds, from specific
facts shown by affidavit or by verified complaint, that there are
reasonable grounds to believe that harassment of an identified victim
or witness in a Federal criminal case exists or that such order is
necessary to prevent and restrain an offense under section 1137 of this
title, other than an offense consisting of misleading conduct, or under
section 1138 of this title.
``(2)(A) A temporary restraining order may be issued under this
section without written or oral notice to the adverse party or such
party's attorney in a civil action under this section if the court
finds, upon written certification of facts by the attorney for the
Government, that such notice should not be required and that there is a
reasonable probability that the Government will prevail on the merits.
``(B) A temporary restraining order issued without notice under this
section shall be endorsed with the date and hour of issuance and be
filed forthwith in the office of the clerk of the court issuing the
order.
``(C) A temporary restraining order issued under this section shall
expire at such time, not to exceed 10 days from issuance, as the court
directs; the court, for good cause shown before expiration of such
order, may extend the expiration date of the order for up to 10 days or
for such longer period agreed to by the adverse party.
``(D) When a temporary restraining order is issued without notice,
the motion for a protective order shall be set down for hearing at the
earliest possible time and takes precedence over all matters except
older matters of the same character, and when such motion comes on for
hearing, if the attorney for the Government does not proceed with the
application for a protective order, the court shall dissolve the
temporary restraining order.
``(E) If on two days notice to the attorney for the Government or on
such shorter notice as the court may prescribe, the adverse party
appears and moves to dissolve or modify the temporary restraining
order, the court shall proceed to hear and determine such motion as
expeditiously as the ends of justice require.
``(F) A temporary restraining order shall set forth the reasons for
the issuance of such order, be specific in terms, and describe in
reasonable detail (and not by reference to the complaint or other
document) the act or acts being restrained.
``(b) Protective Order.--(1) A United States district court, upon
motion of the attorney for the Government, shall issue a protective
order prohibiting harassment of a victim or witness in a Federal
criminal case if the court, after a hearing, finds by a preponderance
of the evidence that harassment of an identified victim or witness in a
Federal criminal case exists or that such order is necessary to prevent
and restrain an offense under section 1137 of this title, other than an
offense consisting of misleading conduct, or under section 1138 of this
title.
``(2) At the hearing referred to in paragraph (1) of this subsection,
any adverse party named in the complaint shall have the right to
present evidence and cross-examine witnesses.
``(3) A protective order shall set forth the reasons for the issuance
of such order, be specific in terms, describe in reasonable detail (and
not by reference to the complaint or other document) the act or acts
being restrained.
``(4) The court shall set the duration of effect of the protective
order for such period as the court determines necessary to prevent
harassment of the victim or witness but in no case for a period in
excess of three years from the date of such order's issuance. The
attorney for the Government may, at any time within ninety days before
the expiration of such order, apply for a new protective order under
this section.
``(c) Definitions.--As used in this section--
``(1) the term `harassment' means a course of conduct
directed at a specific person that--
``(A) causes substantial emotional distress in such
person; and
``(B) serves no legitimate purpose; and
``(2) the term `course of conduct' means a series of acts
over a period of time, however short, indicating a continuity
of purpose.
``Sec. 1140. Civil action to protect against retaliation in fraud cases
``(a) Whistleblower Protection for Employees of Publicly Traded
Companies.--No company with a class of securities registered under
section 12 of the Securities Exchange Act of 1934 (15 U.S.C. 78l), or
that is required to file reports under section 15(d) of the Securities
Exchange Act of 1934 (15 U.S.C. 78o(d)), or any officer, employee,
contractor, subcontractor, or agent of such company, may discharge,
demote, suspend, threaten, harass, or in any other manner discriminate
against an employee in the terms and conditions of employment because
of any lawful act done by the employee--
``(1) to provide information, cause information to be
provided, or otherwise assist in an investigation regarding any
conduct which the employee reasonably believes constitutes a
violation of section 801, 803, 804, or 807, any rule or
regulation of the Securities and Exchange Commission, or any
provision of Federal law relating to fraud against
shareholders, when the information or assistance is provided to
or the investigation is conducted by--
``(A) a Federal regulatory or law enforcement agency;
``(B) any Member of Congress or any committee of
Congress; or
``(C) a person with supervisory authority over the
employee (or such other person working for the employer
who has the authority to investigate, discover, or
terminate misconduct); or
``(2) to file, cause to be filed, testify, participate in, or
otherwise assist in a proceeding filed or about to be filed
(with any knowledge of the employer) relating to an alleged
violation of section 801, 803, 804, or 807, any rule or
regulation of the Securities and Exchange Commission, or any
provision of Federal law relating to fraud against
shareholders.
``(b) Enforcement Action.--
``(1) In general.--A person who alleges discharge or other
discrimination by any person in violation of subsection (a) may
seek relief under subsection (c), by--
``(A) filing a complaint with the Secretary of Labor;
or
``(B) if the Secretary has not issued a final
decision within 180 days of the filing of the complaint
and there is no showing that such delay is due to the
bad faith of the claimant, bringing an action at law or
equity for de novo review in the appropriate district
court of the United States, which shall have
jurisdiction over such an action without regard to the
amount in controversy.
``(2) Procedure.--
``(A) In general.--An action under paragraph (1)(A)
shall be governed under the rules and procedures set
forth in section 42121(b) of title 49.
``(B) Exception.--Notification made under section
42121(b)(1) of title 49, shall be made to the person
named in the complaint and to the employer.
``(C) Burdens of proof.--An action brought under
paragraph (1)(B) shall be governed by the legal burdens
of proof set forth in section 42121(b) of title 49.
``(D) Statute of limitations.--An action under
paragraph (1) shall be commenced not later than 90 days
after the date on which the violation occurs.
``(c) Remedies.--
``(1) In general.--An employee prevailing in any action under
subsection (b)(1) shall be entitled to all relief necessary to
make the employee whole.
``(2) Compensatory damages.--Relief for any action under
paragraph (1) shall include--
``(A) reinstatement with the same seniority status
that the employee would have had, but for the
discrimination;
``(B) the amount of back pay, with interest; and
``(C) compensation for any special damages sustained
as a result of the discrimination, including litigation
costs, expert witness fees, and reasonable attorney
fees.
``(d) Rights Retained by Employee.--Nothing in this section shall be
deemed to diminish the rights, privileges, or remedies of any employee
under any Federal or State law, or under any collective bargaining
agreement.
``Sec. 1141. Definitions for certain provisions; general provision
``(a) Definitions for Sections 1137 and 1138.--As used in sections
1137 and 1138 and in this section--
``(1) the term `official proceeding' means--
``(A) a proceeding before a judge or court of the
United States, a United States magistrate judge, a
bankruptcy judge, a judge of the United States Tax
Court, a special trial judge of the Tax Court, a judge
of the United States Court of Federal Claims, or a
Federal grand jury;
``(B) a proceeding before the Congress;
``(C) a proceeding before a Federal Government agency
which is authorized by law; or
``(D) a proceeding involving the business of
insurance whose activities affect interstate commerce
before any insurance regulatory official or agency or
any agent or examiner appointed by such official or
agency to examine the affairs of any person engaged in
the business of insurance whose activities affect
interstate commerce;
``(2) the term `physical force' means physical action against
another, and includes confinement;
``(3) the term `misleading conduct' means--
``(A) knowingly making a false statement;
``(B) intentionally omitting information from a
statement and thereby causing a portion of such
statement to be misleading, or intentionally concealing
a material fact, and thereby creating a false
impression by such statement;
``(C) with intent to mislead, knowingly submitting or
inviting reliance on a writing or recording that is
false, forged, altered, or otherwise lacking in
authenticity;
``(D) with intent to mislead, knowingly submitting or
inviting reliance on a sample, specimen, map,
photograph, boundary mark, or other object that is
misleading in a material respect; or
``(E) knowingly using a trick, scheme, or device with
intent to mislead;
``(4) the term `law enforcement officer' means an officer or
employee of the Federal Government, or a person authorized to
act for or on behalf of the Federal Government or serving the
Federal Government as an adviser or consultant--
``(A) authorized under law to engage in or supervise
the prevention, detection, investigation, or
prosecution of an offense; or
``(B) serving as a probation or pretrial services
officer under this title;
``(5) the term `corruptly persuades' does not include conduct
which would be misleading conduct but for a lack of a state of
mind.
``(b) Definition for Section 1133.--As used in section 1505, the term
`corruptly' means acting with an improper purpose, personally or by
influencing another, including making a false or misleading statement,
or withholding, concealing, altering, or destroying a document or other
information.
``(c) Exclusion.--This subchapter does not prohibit or punish the
providing of lawful, bona fide, legal representation services in
connection with or anticipation of an official proceeding.
``Sec. 1142. Destruction of corporate audit records
``(a) Regulatory Requirements.--(1) Any accountant who conducts an
audit of an issuer of securities to which section 10A(a) of the
Securities Exchange Act of 1934 (15 U.S.C. 78j-1(a)) applies, shall
maintain all audit or review workpapers for a period of 5 years from
the end of the fiscal period in which the audit or review was
concluded.
``(2) The Securities and Exchange Commission shall promulgate, within
180 days, after adequate notice and an opportunity for comment, such
rules and regulations, as are reasonably necessary, relating to the
retention of relevant records such as workpapers, documents that form
the basis of an audit or review, memoranda, correspondence,
communications, other documents, and records (including electronic
records) which are created, sent, or received in connection with an
audit or review and contain conclusions, opinions, analyses, or
financial data relating to such an audit or review, which is conducted
by any accountant who conducts an audit of an issuer of securities to
which section 10A(a) of the Securities Exchange Act of 1934 (15 U.S.C.
78j-1(a)) applies. The Commission may, from time to time, amend or
supplement the rules and regulations that it is required to promulgate
under this section, after adequate notice and an opportunity for
comment, in order to ensure that such rules and regulations adequately
comport with the purposes of this section.
``(b) Offense.--Whoever knowingly violates subsection (a)(1), or any
rule or regulation promulgated by the Securities and Exchange
Commission under subsection (a)(2), shall be imprisoned not more than
10 years.
``(c) Rule of Construction.--Nothing in this section shall be deemed
to diminish or relieve any person of any other duty or obligation
imposed by Federal or State law or regulation to maintain, or refrain
from destroying, any document.
``SUBCHAPTER J--PRISONS
``Sec.
``1161. Providing or possessing contraband in prison.
``1162. Mutiny and riot prohibited.
``1163. Trespass on Bureau of Prisons reservations and land.
``Sec. 1161. Providing or possessing contraband in prison
``(a) Offense.--Whoever--
``(1) in violation of a statute or a rule or order issued
under a statute, provides to an inmate of a prison a prohibited
object, or attempts to do so; or
``(2) being an inmate of a prison, makes, possesses, or
obtains, or attempts to make or obtain, a prohibited object;
shall be punished as provided in subsection (b) of this section.
``(b) Punishment.--The punishment for an offense under this section
is a fine under this title or--
``(1) imprisonment for not more than 20 years, or both, if
the object is specified in subsection (d)(1)(C) of this
section;
``(2) imprisonment for not more than 10 years, or both, if
the object is specified in subsection (d)(1)(A) of this
section;
``(3) imprisonment for not more than 5 years, or both, if the
object is specified in subsection (d)(1)(B) of this section;
``(4) imprisonment for not more than one year, or both, if
the object is specified in subsection (d)(1)(D) or (d)(1)(E) of
this section; and
``(5) imprisonment for not more than 6 months, or both, if
the object is specified in subsection (d)(1)(F) of this
section.
``(c) Consecutive Punishment Required in Certain Cases.--Any
punishment imposed under subsection (b) for a violation of this section
involving a controlled substance shall be consecutive to any other
sentence imposed by any court for an offense involving such a
controlled substance. Any punishment imposed under subsection (b) for a
violation of this section by an inmate of a prison shall be consecutive
to the sentence being served by such inmate at the time the inmate
commits such violation.
``(d) Definitions.--As used in this section--
``(1) the term `prohibited object' means--
``(A) a firearm or destructive device or a controlled
substance in schedule I or II, other than marijuana or
a controlled substance referred to in subparagraph (C)
of this subsection;
``(B) marijuana or a controlled substance in schedule
III, other than a controlled substance referred to in
subparagraph (C) of this subsection, ammunition, a
weapon (other than a firearm or destructive device), or
an object that is designed or intended to be used as a
weapon or to facilitate escape from a prison;
``(C) a narcotic drug, methamphetamine, its salts,
isomers, and salts of its isomers, lysergic acid
diethylamide, or phencyclidine;
``(D) a controlled substance (other than a controlled
substance referred to in subparagraph (A), (B), or (C)
of this subsection) or an alcoholic beverage;
``(E) any United States or foreign currency; and
``(F) any other object that threatens the order,
discipline, or security of a prison, or the life,
health, or safety of an individual;
``(2) the terms `ammunition', `firearm', and `destructive
device' have, respectively, the meanings given those terms in
section 921 of this title;
``(3) the terms `controlled substance' and `narcotic drug'
have, respectively, the meanings given those terms in section
102 of the Controlled Substances Act (21 U.S.C. 802); and
``(4) the term `prison' means a Federal correctional,
detention, or penal facility or any prison, institution, or
facility in which persons are held in custody by direction of
or pursuant to a contract or agreement with the Attorney
General.
``Sec. 1162. Mutiny and riot prohibited
``Whoever instigates any mutiny or riot, at any Federal penal,
detention, or correctional facility, shall be imprisoned not more than
ten years.
``Sec. 1163. Trespass on Bureau of Prisons reservations and land
``Whoever, without lawful authority or permission, goes upon a
reservation, land, or a facility of the Bureau of Prisons shall be
imprisoned not more than six months.
``SUBCHAPTER K--PUBLIC OFFICERS AND EMPLOYEES
``Sec.
``1171. Disclosure of confidential information generally.
``Sec. 1171. Disclosure of confidential information generally
``Whoever, being an officer or employee of the United States or of
any department or agency thereof, any person acting on behalf of the
Federal Housing Finance Agency, or agent of the Department of Justice
as defined in the Antitrust Civil Process Act (15 U.S.C. 1311-1314), or
being an employee of a private sector organization who is or was
assigned to an agency under chapter 37 of title 5, publishes, divulges,
discloses, or makes known in any manner or to any extent not authorized
by law any information coming to him in the course of his employment or
official duties or by reason of any examination or investigation made
by, or return, report or record made to or filed with, such department
or agency or officer or employee thereof, which information concerns or
relates to the trade secrets, processes, operations, style of work, or
apparatus, or to the identity, confidential statistical data, amount or
source of any income, profits, losses, or expenditures of any person,
firm, partnership, corporation, or association; or permits any income
return or copy thereof or any book containing any abstract or
particulars thereof to be seen or examined by any person except as
provided by law; shall be imprisoned not more than one year; and shall
be removed from office or employment.
``SUBCHAPTER L--RECORDS AND REPORTS
``Sec.
``1181. Concealment, removal, or mutilation generally.
``1182. False entries and reports of moneys or securities.
``Sec. 1181. Concealment, removal, or mutilation generally
``Whoever knowingly and unlawfully conceals, removes, mutilates,
obliterates, or destroys, or attempts to do so, or, with intent to do
so takes and carries away any record, proceeding, map, book, paper,
document, or other thing, filed or deposited with any clerk or officer
of any court of the United States, or in any public office, or with any
judicial or public officer of the United States, shall be imprisoned
not more than three years.
``Sec. 1182. False entries and reports of moneys or securities
``Whoever--
``(1) being an officer, clerk, agent, or other employee of
the United States or any of its agencies, charged with the duty
of keeping accounts or records of any kind, with intent to
deceive, mislead, injure, or defraud, makes in any such account
or record any false or fictitious entry or record of any matter
relating to or connected with his duties; or
``(2) being an officer, clerk, agent, or other employee of
the United States or any of its agencies, charged with the duty
of receiving, holding, or paying over moneys or securities to,
for, or on behalf of the United States, or of receiving or
holding in trust for any person any moneys or securities, with
like intent, makes a false report of such moneys or securities;
shall be imprisoned not more than ten years.
``SUBCHAPTER M--SEARCHES AND SEIZURES
``Sec.
``1191. Destruction or removal of property to prevent seizure.
``1192. Rescue of seized property.
``Sec. 1191. Destruction or removal of property to prevent seizure
``(a) Destruction or Removal of Property To Prevent Seizure.--
Whoever, before, during, or after any search for or seizure of property
by any person authorized to make such search or seizure, knowingly
destroys, damages, wastes, disposes of, transfers, or otherwise takes
any action, or knowingly attempts to destroy, damage, waste, dispose
of, transfer, or otherwise take any action, for the purpose of
preventing or impairing the Government's lawful authority to take such
property into its custody or control or to continue holding such
property under its lawful custody and control, shall be imprisoned not
more than 5 years.
``(b) Impairment of In Rem Jurisdiction.--Whoever, knowing that
property is subject to the in rem jurisdiction of a United States court
for purposes of civil forfeiture under Federal law, knowingly and
without authority from that court, destroys, damages, wastes, disposes
of, transfers, or otherwise takes any action, or knowingly attempts to
destroy, damage, waste, dispose of, transfer, or otherwise take any
action, for the purpose of impairing or defeating the court's
continuing in rem jurisdiction over the property, shall be imprisoned
not more than 5 years.
``(c) Notice of Search or Execution of Seizure Warrant or Warrant of
Arrest In Rem.--Whoever, having knowledge that any person authorized to
make searches and seizures, or to execute a seizure warrant or warrant
of arrest in rem, in order to prevent the authorized seizing or
securing of any person or property, gives notice or attempts to give
notice in advance of the search, seizure, or execution of a seizure
warrant or warrant of arrest in rem, to any person shall be imprisoned
not more than 5 years.
``(d) Notice of Certain Electronic Surveillance.--Whoever, having
knowledge that a Federal investigative or law enforcement officer has
been authorized or has applied for authorization under subchapter C of
chapter 37 to intercept a wire, oral, or electronic communication, in
order to obstruct, impede, or prevent such interception, gives notice
or attempts to give notice of the possible interception to any person
shall be imprisoned not more than five years.
``(e) Foreign Intelligence Surveillance.--Whoever, having knowledge
that a Federal officer has been authorized or has applied for
authorization to conduct electronic surveillance under the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1801, et seq.), in
order to obstruct, impede, or prevent such activity, gives notice or
attempts to give notice of the possible activity to any person shall be
imprisoned not more than five years.
``Sec. 1192. Rescue of seized property
``Whoever forcibly rescues, dispossesses, or attempts to rescue or
dispossess any property, articles, or objects after the same shall have
been taken, detained, or seized by any officer or other person under
the authority of any revenue law of the United States, or by any person
authorized to make searches and seizures, shall be imprisoned not more
than two years.
``SUBCHAPTER N--MALICIOUS MISCHIEF
``Sec.
``1201. Government property or contracts.
``1202. Communication lines, stations, or systems.
``1203. Buildings or property within special maritime and territorial
jurisdiction.
``1204. Tampering with consumer products.
``1205. Destruction of an energy facility.
``1206. Harming animals used in law enforcement.
``1207. Destruction of veterans' memorials.
``Sec. 1201. Government property or contracts
``Whoever knowingly and without authority injures or commits any
depredation against any property of the United States, or of any
department or agency thereof, or any property which has been or is
being manufactured or constructed for the United States, or any
department or agency thereof, or attempts to commit any of the
foregoing offenses, shall be punished as follows:
``(1) If the damage or attempted damage to such property
exceeds the sum of $1,000, by imprisonment for not more than
ten years.
``(2) If the damage or attempted damage to such property does
not exceed the sum of $1,000, by imprisonment for not more than
one year.
``Sec. 1202. Communication lines, stations, or systems
``(a) Offense.--Whoever knowingly and without authority--
``(1) injures or destroys any of the works, property, or
material of any radio, telegraph, telephone or cable, line,
station, or system, or other means of communication, operated
or controlled by the United States, or used or intended to be
used for military or civil defense functions of the United
States, whether constructed or in process of construction;
``(2) interferes in any way with the working or use of any
such line or system; or
``(3) obstructs, hinders, or delays the transmission of any
communication over any such line or system;
shall be imprisoned not more than ten years.
``(b) Exclusion.--In the case of any works, property, or material,
not operated or controlled by the United States, this section shall not
apply to any lawful strike activity, or other lawful concerted
activities for the purposes of collective bargaining or other mutual
aid and protection which do not injure or destroy any line or system
used or intended to be used for the military or civil defense functions
of the United States.
``Sec. 1203. Buildings or property within special maritime and
territorial jurisdiction
``Whoever, within the special maritime and territorial jurisdiction
of the United States, knowingly and without authority destroys or
injures any structure, conveyance, or other real or personal property
shall be imprisoned not more than five years and if the building be a
dwelling, or the life of any person be placed in jeopardy, shall be
imprisoned not more than twenty years.
``Sec. 1204. Tampering with consumer products
``(a) Tampering in General.--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 imprisoned not more than
ten years;
``(2) if death of an individual results, be imprisoned for
any term of years or for life;
``(3) if serious bodily injury to any individual results, be
imprisoned not more than twenty years; and
``(4) in any other case, be imprisoned not more than ten
years.
``(b) Tainting With Intent To Cause Serious Injury Through
Business.--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
imprisoned not more than three years.
``(c) False Information.--(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 imprisoned not more
than five years.
``(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) Threats.--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 imprisoned not more than five years.
``(e) Conspiracy.--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 imprisoned not more than ten years.
``(f) Tampering With Writing.--(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 imprisoned not more than 1
year.
``(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 imprisoned for not
more than 3 years.
``(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) Authority of Food and Drug Administration and Department of
Agriculture.--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) Definitions.--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)).
``Sec. 1205. Destruction of an energy facility
``(a) Damage Exceeding $100,000.--Whoever knowingly and without
authority--
``(1) damages the property of an energy facility in an amount
that exceeds $100,000; or
``(2) damages the property of an energy facility in any
amount and thereby causes a significant interruption or
impairment of a function of an energy facility;
shall be imprisoned for not more than 20 years.
``(b) Damage Exceeding $5,000.--Whoever knowingly and without
authority damages the property of an energy facility in an amount that
exceeds $5,000 shall be imprisoned for not more than five years.
``(c) Definition.--As used in this section, the term `energy
facility' means a facility that is involved in the production, storage,
transmission, or distribution of electricity, fuel, or another form or
source of energy, or research, development, or demonstration facilities
relating thereto, regardless of whether such facility is still under
construction or is otherwise not functioning, except a facility subject
to the jurisdiction, administration, or in the custody of the Nuclear
Regulatory Commission or an interstate gas pipeline facility as defined
in section 60101 of title 49.
``(d) Increased Punishment Where Death Results.--Whoever is convicted
of a violation of subsection (a) or (b) that has resulted in the death
of any person shall be subject to imprisonment for any term of years or
life.
``Sec. 1206. Harming animals used in law enforcement
``(a) Offense.--Whoever maliciously harms any police animal shall be
imprisoned not more than 1 year. If the offense permanently disables or
disfigures the animal, or causes serious bodily injury to or the death
of the animal, the maximum term of imprisonment shall be 10 years.
``(b) Definition.--In this section, the term `police animal' means a
dog or horse employed by a Federal agency (whether in the executive,
legislative, or judicial branch) for the principal purpose of aiding in
the detection of criminal activity, enforcement of laws, or
apprehension of criminal offenders.
``Sec. 1207. Destruction of veterans' memorials
``(a) Offense.--Whoever, as made applicable by subsection (b),
knowingly and without authority injures or destroys any structure,
plaque, statue, or other monument on public property commemorating the
service of any person or persons in the armed forces of the United
States shall be imprisoned not more than 10 years.
``(b) Federal Nexus.--Subsection (a) applies if--
``(1) in committing the offense, the defendant travels or
causes another to travel in interstate or foreign commerce, or
uses the mail or an instrumentality of interstate or foreign
commerce; or
``(2) the structure, plaque, statue, or other monument is
located on property owned by, or under the jurisdiction of, the
Federal Government.
``SUBCHAPTER O--PUBLIC LANDS
``Sec.
``1211. Timber removed or transported.
``1212. Trees cut or injured.
``1213. Timber set afire.
``1214. Fires left unattended and unextinguished.
``1215. Trespass on national forest lands.
``1216. Hazardous or injurious devices on Federal lands.
``Sec. 1211. Timber removed or transported
``(a) Offense.--Whoever knowingly and without authority--
``(1) cuts or destroys any timber growing on the public lands
of the United States;
``(2) removes any timber from those public lands, with intent
to export or to dispose of that timber; or
``(3) being the owner, master, pilot, operator, or consignee
of any vessel, motor vehicle, or aircraft or the owner,
director, or agent of any railroad, knowingly transports any
timber so cut or removed, or lumber manufactured from that
timber;
shall be imprisoned not more than one year.
``(b) Exclusion.--This section does not prevent any miner or
agriculturist from clearing land in the ordinary working of the miner's
mining claim, or in the preparation of the agriculturalist's farm for
tillage, or from taking the timber necessary to support improvements,
or the taking of timber for the use of the United States; nor shall it
interfere with or take away any right or privilege under any existing
law of the United States to cut or remove timber from any public lands.
``Sec. 1212. Trees cut or injured
``Whoever knowingly and without authority cuts, injures, or destroys
any tree growing, standing, or being upon any land of the United States
which, in pursuance of law, has been reserved or purchased by the
United States for any public use, or upon any Indian reservation, or
lands belonging to or occupied by any tribe of Indians under the
authority of the United States, or any Indian allotment while the title
to the same shall be held in trust by the Government, or while the same
shall remain inalienable by the allottee without the consent of the
United States, shall be imprisoned not more than one year.
``Sec. 1213. Timber set afire
``(a) Offense.--Whoever, knowingly and without authority, sets on
fire any timber, underbrush, or grass or other inflammable material
upon the public domain or upon any lands owned or leased by or under
the partial, concurrent, or exclusive jurisdiction of the United
States, or under contract for purchase or for the acquisition of which
condemnation proceedings have been instituted, or upon any Indian
reservation or lands belonging to or occupied by any tribe or group of
Indians under authority of the United States, or upon any Indian
allotment while the title to the same shall be held in trust by the
Government, or while the same shall remain inalienable by the allottee
without the consent of the United States, shall be imprisoned not more
than five years.
``(b) Exclusion.--This section does not apply in the case of a fire
set by an allottee in the reasonable exercise of his proprietary rights
in the allotment.
``Sec. 1214. Fires left unattended and unextinguished
``Whoever, having kindled or caused to be kindled, a fire in or near
any forest, timber, or other inflammable material upon any lands owned,
controlled or leased by, or under the partial, concurrent, or exclusive
jurisdiction of the United States, including lands under contract for
purchase or for the acquisition of which condemnation proceedings have
been instituted, and including any Indian reservation or lands
belonging to or occupied by any tribe or group of Indians under the
authority of the United States, or any Indian allotment while the title
to the same is held in trust by the United States, or while the same
shall remain inalienable by the allottee without the consent of the
United States, leaves said fire without totally extinguishing the same,
or permits or suffers the fire to burn or spread beyond his control, or
leaves or suffers the fire to burn unattended, shall be imprisoned not
more than six months.
``Sec. 1215. Trespass on national forest lands
``Whoever, without authority goes upon any national-forest land while
it is closed to the public pursuant to lawful regulation of the
Secretary of Agriculture, shall be imprisoned not more than six months.
``Sec. 1216. Hazardous or injurious devices on Federal lands
``(a) Elements of the Offense.--Whoever--
``(1) with the intent to violate the Controlled Substances
Act,
``(2) with the intent to obstruct or harass the harvesting of
timber, or
``(3) with reckless disregard to the risk that another person
will be placed in danger of death or bodily injury and under
circumstances manifesting extreme indifference to such risk,
uses a hazardous or injurious device on Federal land, on an Indian
reservation, or on an Indian allotment while the title to such
allotment is held in trust by the United States or while such allotment
remains inalienable by the allottee without the consent of the United
States shall be punished under subsection (b).
``(b) Punishment.--An individual who violates subsection (a) shall--
``(1) if death of an individual results, be imprisoned for
any term of years or for life;
``(2) if serious bodily injury to any individual results, be
imprisoned for not more than 40 years;
``(3) if bodily injury to any individual results, be
imprisoned for not more than 20 years;
``(4) if damage to the property of any individual results or
if avoidance costs have been incurred exceeding $10,000, in the
aggregate, be imprisoned for not more than 20 years; and
``(5) in any other case, be imprisoned for not more than one
year.
``(c) Increased Punishment.--Any individual who is punished under
subsection (b)(5) after one or more prior convictions under any such
subsection shall be imprisoned for not more than 20 years.
``(d) Definitions.--As used in this section--
``(1) the term `hazardous or injurious device' means a
device, which when assembled or placed, is capable of causing
bodily injury, or damage to property, by the action of any
person making contact with such device subsequent to the
assembly or placement. Such term includes guns attached to trip
wires or other triggering mechanisms, ammunition attached to
trip wires or other triggering mechanisms, or explosive devices
attached to trip wires or other triggering mechanisms,
sharpened stakes, lines or wires, lines or wires with hooks
attached, nails placed so that the sharpened ends are
positioned in an upright manner, or tree spiking devices
including spikes, nails, or other objects hammered, driven,
fastened, or otherwise placed into or on any timber, whether or
not severed from the stump; and
``(2) the term `avoidance costs' means costs incurred by any
individual for the purpose of--
``(A) detecting a hazardous or injurious device; or
``(B) preventing death, serious bodily injury, bodily
injury, or property damage likely to result from the
use of a hazardous or injurious device in violation of
subsection (a).
``(e) Civil Action.--Any person injured as the result of a violation
of subsection (a) may commence a civil action on his own behalf against
any person who is alleged to be in violation of subsection (a). The
district courts shall have jurisdiction, without regard to the amount
in controversy or the citizenship of the parties, in such civil
actions. The court may award, in addition to monetary damages for any
injury resulting from an alleged violation of subsection (a), costs of
litigation, including reasonable attorney and expert witness fees, to
any prevailing or substantially prevailing party, whenever the court
determines such award is appropriate.
``SUBCHAPTER P--RESTRICTED BUILDING OR GROUNDS
``Sec.
``1221. Restricted building or grounds.
``Sec. 1221. Restricted building or grounds
``(a) Prohibitions.--Whoever--
``(1) knowingly enters or remains in any restricted building
or grounds;
``(2) knowingly, and with intent to impede or disrupt the
orderly conduct of Government business or official functions,
engages in disorderly or disruptive conduct in, or within such
proximity to, any restricted building or grounds when, or so
that, such conduct, in fact, impedes or disrupts the orderly
conduct of Government business or official functions;
``(3) knowingly obstructs or impedes ingress or egress to or
from any restricted building, grounds; or
``(4) knowingly engages in any act of physical violence
against any person or property in any restricted building or
grounds;
shall be punished as provided in subsection (b).
``(b) Punishment.--Violation of this section shall be punishable by--
``(1) imprisonment for not more than 10 years, if--
``(A) the person, during and in relation to the
offense, uses or carries a deadly or dangerous weapon
or firearm; or
``(B) the offense results in significant bodily
injury as defined by section 2118(e)(3); and
``(2) imprisonment for not more than one year, in any other
case.
``(c) Place of Prosecution.--Violation of this section, and attempts
or conspiracies to commit such violations, shall be prosecuted by the
United States attorney in the Federal district court having
jurisdiction of the place where the offense occurred.
``(d) Effect on State Law.--None of the laws of the United States or
of the several States and the District of Columbia are superseded by
this section.
``(e) Definitions.--As used in this section--
``(1) the term `other person protected by the Secret Service'
means any person whom the United States Secret Service is
authorized to protect under section 3056 of this title when
such person has not declined such protection; and
``(2) the term `restricted buildings or grounds' means a
posted, cordoned off, or otherwise restricted area of a
building or grounds--
``(A) where the President or other person protected
by the Secret Service is or will be temporarily
visiting; or
``(B) so restricted in conjunction with an event
designated as a special event of national significance.
``CHAPTER 31--INTERNATIONAL LAW CRIMES
``Subchapter
Sec.
``A. Piracy and privateering...................................... 1251
``B. Peonage, slavery, and trafficking in persons Assault......... 1261
``C. Genocide..................................................... 1281
``D. Torture...................................................... 1291
``E. War crimes................................................... 1296
``SUBCHAPTER A--PIRACY AND PRIVATEERING
``Sec.
``1251. Piracy under law of nations.
``Sec. 1251. Piracy under law of nations
``Whoever, on the high seas, commits the crime of piracy as defined
by the law of nations, and is afterwards brought into or found in the
United States, shall be imprisoned for life.
``SUBCHAPTER B--PEONAGE, SLAVERY, AND TRAFFICKING IN PERSONS
``Sec.
``1261. Peonage.
``1262. Sale into involuntary servitude.
``1263. Forced labor.
``1264. Trafficking with respect to peonage, slavery, involuntary
servitude, or forced labor.
``1265. Sex trafficking of children or by force, fraud, or coercion.
``1266. Unlawful conduct with respect to documents in furtherance of
trafficking, peonage, slavery, involuntary servitude, or
forced labor.
``1267. Civil remedy.
``Sec. 1261. Peonage
``Whoever holds or returns any person to a condition of peonage, or
arrests any person with the intent of placing him in or returning him
to a condition of peonage, shall be imprisoned not more than 20 years.
If death results from the violation of this section, or if the
violation includes kidnapping or an attempt to kidnap, aggravated
sexual abuse or the attempt to commit aggravated sexual abuse, or an
attempt to kill, the defendant shall be imprisoned for any term of
years or life.
``Sec. 1262. Sale into involuntary servitude
``Whoever knowingly holds to involuntary servitude or sells into any
condition of involuntary servitude, any other person for any term, or
brings within the United States any person so held, shall be imprisoned
not more than 20 years. If death results from the violation of this
section, or if the violation includes kidnapping or an attempt to
kidnap, aggravated sexual abuse or the attempt to commit aggravated
sexual abuse, or an attempt to kill, the defendant shall be imprisoned
for any term of years or life.
``Sec. 1263. Forced labor
``Whoever knowingly provides or obtains the labor or services of a
person--
``(1) by threats of serious harm to, or physical restraint
against, that person or another person;
``(2) by means of any scheme, plan, or pattern intended to
cause the person to believe that, if the person did not perform
such labor or services, that person or another person would
suffer serious harm or physical restraint; or
``(3) by means of the abuse or threatened abuse of law or the
legal process,
shall be imprisoned not more than 20 years. If death results from the
violation of this section, or if the violation includes kidnapping or
an attempt to kidnap, aggravated sexual abuse or the attempt to commit
aggravated sexual abuse, or an attempt to kill, the defendant shall be
imprisoned for any term of years or life.
``Sec. 1264. Trafficking with respect to peonage, slavery, involuntary
servitude, or forced labor
``Whoever knowingly recruits, harbors, transports, provides, or
obtains by any means, any person for labor or services in violation of
this chapter shall be imprisoned not more than 20 years. If death
results from the violation of this section, or if the violation
includes kidnapping or an attempt to kidnap, aggravated sexual abuse,
or the attempt to commit aggravated sexual abuse, or an attempt to
kill, the defendant shall be imprisoned for any term of years or life.
``Sec. 1265. Sex trafficking of children or by force, fraud, or
coercion
``(a) Elements of the Offense.--Whoever knowingly--
``(1) in or affecting interstate or foreign commerce, or
within the special maritime and territorial jurisdiction of the
United States, recruits, entices, harbors, transports,
provides, or obtains by any means a person; or
``(2) benefits, financially or by receiving anything of
value, from participation in a venture which has engaged in an
act described in violation of paragraph (1),
knowing that force, fraud, or coercion described in subsection (c)(2)
will be used to cause the person to engage in a commercial sex act, or
that the person has not attained the age of 18 years and will be caused
to engage in a commercial sex act, shall be punished as provided in
subsection (b).
``(b) Punishment.--The punishment for an offense under subsection (a)
is--
``(1) if the offense was effected by force, fraud, or
coercion or if the person recruited, enticed, harbored,
transported, provided, or obtained had not attained the age of
14 years at the time of such offense, by a fine under this
title or imprisonment for any term of years or for life, or
both; or
``(2) if the offense was not so effected, and the person
recruited, enticed, harbored, transported, provided, or
obtained had attained the age of 14 years but had not attained
the age of 18 years at the time of such offense, by a fine
under this title or imprisonment for not more than 40 years, or
both.
``(c) Definitions.--As used in this section--
``(1) the term `commercial sex act' means any sex act, on
account of which anything of value is given to or received by
any person;
``(2) the term `coercion' means--
``(A) threats of serious harm to or physical
restraint against any person;
``(B) any scheme, plan, or pattern intended to cause
a person to believe that failure to perform an act
would result in serious harm to or physical restraint
against any person; or
``(C) the abuse or threatened abuse of law or the
legal process; and
``(3) the term `venture' means any group of two or more
individuals associated in fact, whether or not a legal entity.
``Sec. 1266. Unlawful conduct with respect to documents in furtherance
of trafficking, peonage, slavery, involuntary
servitude, or forced labor
``(a) Offense.--Whoever knowingly destroys, conceals, removes,
confiscates, or possesses any actual or purported passport or other
immigration document, or any other actual or purported government
identification document, of another person--
``(1) in the course of a violation of section 1261, 1262,
1263, 1264, or 1265;
``(2) with intent to violate section 1261, 1262, 1263, 1264,
or 1265; or
``(3) to prevent or restrict or to attempt to prevent or
restrict, without lawful authority, the person's liberty to
move or travel, in order to maintain the labor or services of
that person, when the person is or has been a victim of a
severe form of trafficking in persons, as defined in section
103 of the Trafficking Victims Protection Act of 2000,
shall be imprisoned for not more than 5 years.
``(b) Exclusion.--Subsection (a) does not apply to the conduct of a
person who is or has been a victim of a severe form of trafficking in
persons, as defined in section 103 of the Trafficking Victims
Protection Act of 2000, if that conduct is caused by, or incident to,
that trafficking.
``Sec. 1267. Civil remedy
``(a) Civil Action.--An individual who is a victim of a violation of
section 1263, 1264, or 1265 may bring a civil action against the
perpetrator in an appropriate district court of the United States and
may recover damages and reasonable attorneys fees.
``(b) Stay.--(1) Any civil action filed under this section shall be
stayed during the pendency of any criminal action arising out of the
same occurrence in which the claimant is the victim.
``(2) In this subsection, a `criminal action' includes investigation
and prosecution and is pending until final adjudication in the trial
court.
``SUBCHAPTER C--GENOCIDE
``Sec.
``1281. Genocide.
``1282. Definitions.
``Sec. 1281. Genocide
``(a) Basic Offense.--Whoever, whether in time of peace or in time of
war, in a circumstance described in subsection (d) and with the
specific intent to destroy, in whole or in substantial part, a
national, ethnic, racial, or religious group as such--
``(1) kills members of that group;
``(2) causes serious bodily injury to members of that group;
``(3) causes the permanent impairment of the mental faculties
of members of the group through drugs, torture, or similar
techniques;
``(4) subjects the group to conditions of life that are
intended to cause the physical destruction of the group in
whole or in part;
``(5) imposes measures intended to prevent births within the
group; or
``(6) transfers by force children of the group to another
group;
or attempts to do so, shall be punished as provided in subsection (b).
``(b) Punishment for Basic Offense.--The punishment for an offense
under subsection (a) is--
``(1) in the case of an offense under subsection (a)(1),
where death results, by death or imprisonment for life and a
fine of not more than $1,000,000, or both; and
``(2) a fine of not more than $1,000,000 or imprisonment for
not more than twenty years, or both, in any other case.
``(c) Incitement Offense.--Whoever in a circumstance described in
subsection (d) directly and publicly incites another to violate
subsection (a) shall be imprisoned not more than five years.
``(d) Required Circumstance for Offenses.--The circumstance referred
to in subsections (a) and (c) is that--
``(1) the offense is committed within the United States; or
``(2) the alleged offender is a national of the United States
(as defined in section 101 of the Immigration and Nationality
Act (8 U.S.C. 1101)).
``(e) Nonapplicability of Certain Limitations.--Notwithstanding
section 3282 of this title, in the case of an offense under subsection
(a)(1), an indictment may be found, or information instituted, at any
time without limitation.
``Sec. 1282. Definitions
``As used in this subchapter--
``(1) the term `children' means the plural and means
individuals who have not attained the age of eighteen years;
``(2) the term `ethnic group' means a set of individuals
whose identity as such is distinctive in terms of common
cultural traditions or heritage;
``(3) the term `incites' means urges another to engage
imminently in conduct in circumstances under which there is a
substantial likelihood of imminently causing such conduct;
``(4) the term `members' means the plural;
``(5) the term `national group' means a set of individuals
whose identity as such is distinctive in terms of nationality
or national origins;
``(6) the term `racial group' means a set of individuals
whose identity as such is distinctive in terms of physical
characteristics or biological descent;
``(7) the term `religious group' means a set of individuals
whose identity as such is distinctive in terms of common
religious creed, beliefs, doctrines, practices, or rituals; and
``(8) the term `substantial part' means a part of a group of
such numerical significance that the destruction or loss of
that part would cause the destruction of the group as a viable
entity within the nation of which such group is a part.
``SUBCHAPTER D--TORTURE
``Sec.
``1291. Torture.
``1292. Definitions.
``Sec. 1291. Torture
``(a) Offense.--Whoever outside the United States commits or attempts
to commit torture shall be imprisoned not more than 20 years and if
death results to any person 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 activity
prohibited in subsection (a) if--
``(1) the alleged offender is a national of the United
States; or
``(2) the alleged offender is present in the United States,
irrespective of the nationality of the victim or alleged
offender.
``(c) Conspiracy.--A person who conspires to commit an offense under
this section shall be subject to the same penalties (other than the
penalty of death) as the penalties prescribed for the offense, the
commission of which was the object of the conspiracy.
``Sec. 1292. Definitions
``As used in this subchapter--
``(1) the term `torture' means an act committed by a person
acting under the color of law specifically intended to inflict
severe physical or mental pain or suffering (other than pain or
suffering incidental to lawful sanctions) upon another person
within his custody or physical control; and
``(2) the term `severe mental pain or suffering' means the
prolonged mental harm caused by or resulting from--
``(A) the intentional infliction or threatened
infliction of severe physical pain or suffering;
``(B) the administration or application, or
threatened administration or application, of mind-
altering substances or other procedures calculated to
disrupt profoundly the senses or the personality;
``(C) the threat of imminent death; or
``(D) the threat that another person will imminently
be subjected to death, severe physical pain or
suffering, or the administration or application of
mind-altering substances or other procedures calculated
to disrupt profoundly the senses or personality.
``SUBCHAPTER E--WAR CRIMES
``Sec.
``1296. War crimes.
``1297. Recruitment or use of child soldiers
``Sec. 1296. War crimes
``(a) Offense.--Whoever, whether inside or outside the United States,
commits a war crime, in any of the circumstances described in
subsection (b), shall be imprisoned for life or any term of years and
if death results to the victim, shall also be subject to the penalty of
death.
``(b) Circumstances.--The circumstances referred to in subsection (a)
are that the person committing such war crime or the victim of such war
crime is a member of the Armed Forces of the United States or a
national of the United States (as defined in section 101 of the
Immigration and Nationality Act).
``(c) Definition.--As used in this section the term `war crime' means
any conduct--
``(1) defined as a grave breach in any of the international
conventions signed at Geneva 12 August 1949, or any protocol to
such convention to which the United States is a party;
``(2) prohibited by Article 23, 25, 27, or 28 of the Annex to
the Hague Convention IV, Respecting the Laws and Customs of War
on Land, signed 18 October 1907;
``(3) which constitutes a grave breach of common Article 3
(as defined in subsection (d)) when committed in the context of
and in association with an armed conflict not of an
international character; or
``(4) of a person who, in relation to an armed conflict and
contrary to the provisions of the Protocol on Prohibitions or
Restrictions on the Use of Mines, Booby-Traps and Other Devices
as amended at Geneva on 3 May 1996 (Protocol II as amended on 3
May 1996), when the United States is a party to such Protocol,
knowingly kills or causes serious injury to civilians.
``(d) Common Article 3 Violations.--
``(1) Prohibited conduct.--In subsection (c)(3), the term
`grave breach of common Article 3' means any conduct (such
conduct constituting a grave breach of common Article 3 of the
international conventions done at Geneva August 12, 1949), as
follows:
``(A) Torture.--The act of a person who commits an
act specifically intended to inflict severe physical or
mental pain or suffering (other than pain or suffering
incidental to lawful sanctions) upon another person
within his custody or physical control for the purpose
of obtaining information or a confession, punishment,
intimidation, coercion, or any reason based on
discrimination of any kind.
``(B) Cruel or inhuman treatment.--The act of a
person who commits an act intended to inflict severe or
serious physical or mental pain or suffering (other
than pain or suffering incidental to lawful sanctions),
including serious physical abuse, upon another within
his custody or control.
``(C) Performing biological experiments.--The act of
a person who subjects one or more persons within his
custody or physical control to biological experiments
without a legitimate medical or dental purpose and in
so doing endangers the body or health of such person or
persons.
``(D) Murder.--The act of a person who intentionally
kills or kills whether intentionally or unintentionally
in the course of committing any other offense under
this subsection, one or more persons taking no active
part in the hostilities, including those placed out of
combat by sickness, wounds, detention, or any other
cause.
``(E) Mutilation or maiming.--The act of a person who
intentionally injures or injures whether intentionally
or unintentionally in the course of committing any
other offense under this subsection, one or more
persons taking no active part in the hostilities,
including those placed out of combat by sickness,
wounds, detention, or any other cause, by disfiguring
the person or persons by any mutilation thereof or by
permanently disabling any member, limb, or organ of his
body, without any legitimate medical or dental purpose.
``(F) Intentionally causing serious bodily injury.--
The act of a person who intentionally causes serious
bodily injury to one or more persons, including lawful
combatants, in violation of the law of war.
``(G) Rape.--The act of a person who forcibly or with
coercion or threat of force wrongfully invades the body
of a person by penetrating, however slightly, the anal
or genital opening of the victim with any part of the
body of the accused, or with any foreign object.
``(H) Sexual assault or abuse.--The act of a person
who forcibly or with coercion or threat of force
engages in sexual contact with one or more persons, or
causes one or more persons to engage in sexual contact.
``(I) Taking hostages.--The act of a person who,
having knowingly seized or detained one or more
persons, threatens to kill, injure, or continue to
detain such person or persons with the intent of
compelling any nation, person other than the hostage,
or group of persons to act or refrain from acting as an
explicit or implicit condition for the safety or
release of such person or persons.
``(2) Definitions.--In the case of an offense under
subsection (a) by reason of subsection (c)(3)--
``(A) the term `severe mental pain or suffering'
shall be applied for purposes of paragraphs (1)(A) and
(1)(B) in accordance with the meaning given that term
in section 2340(2) of this title;
``(B) the term `serious bodily injury' shall be
applied for purposes of paragraph (1)(F) in accordance
with the meaning given that term in section 113(b)(2)
of this title;
``(C) the term `sexual contact' shall be applied for
purposes of paragraph (1)(G) in accordance with the
meaning given that term in section 2246(3) of this
title;
``(D) the term `serious physical pain or suffering'
shall be applied for purposes of paragraph (1)(B) as
meaning bodily injury that involves--
``(i) a substantial risk of death;
``(ii) extreme physical pain;
``(iii) a burn or physical disfigurement of a
serious nature (other than cuts, abrasions, or
bruises); or
``(iv) significant loss or impairment of the
function of a bodily member, organ, or mental
faculty; and
``(E) the term `serious mental pain or suffering'
shall be applied for purposes of paragraph (1)(B) in
accordance with the meaning given the term `severe
mental pain or suffering' (as defined in section
2340(2) of this title), except that--
``(i) the term `serious' shall replace the
term `severe' where it appears; and
``(ii) as to conduct occurring after the date
of the enactment of the Military Commissions
Act of 2006, the term `serious and non-
transitory mental harm (which need not be
prolonged)' shall replace the term `prolonged
mental harm' where it appears.
``(3) Inapplicability of certain provisions with respect to
collateral damage or incident of lawful attack.--The intent
specified for the conduct stated in subparagraphs (D), (E), and
(F) or paragraph (1) precludes the applicability of those
subparagraphs to an offense under subsection (a) by reasons of
subsection (c)(3) with respect to--
``(A) collateral damage; or
``(B) death, damage, or injury incident to a lawful
attack.
``(4) Inapplicability of taking hostages to prisoner
exchange.--Paragraph (1)(I) does not apply to an offense under
subsection (a) by reason of subsection (c)(3) in the case of a
prisoner exchange during wartime.
``(5) Definition of grave breaches.--The definitions in this
subsection are intended only to define the grave breaches of
common Article 3 and not the full scope of United States
obligations under that Article.
``Sec. 1297. Recruitment or use of child soldiers
``(a) Offense.--Whoever knowingly--
``(1) recruits, enlists, or conscripts a person to serve
while such person is under 15 years of age in an armed force or
group; or
``(2) uses a person under 15 years of age to participate
actively in hostilities;
knowing such person is under 15 years of age, shall be punished as
provided in subsection (b).
``(b) Penalty.--Whoever violates subsection (a) shall be imprisoned
not more than 20 years, and, if death of any person results, shall be
imprisoned for any term of years or for life.
``(c) Jurisdiction.--There is jurisdiction over an offense described
in subsection (a), and any attempt or conspiracy to commit such
offense, if--
``(1) the alleged offender 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))) or an alien lawfully
admitted for permanent residence in the United States (as
defined in section 101(a)(20) of such Act (8 U.S.C.
1101(a)(20));
``(2) the alleged offender is a stateless person whose
habitual residence is in the United States;
``(3) the alleged offender is present in the United States,
irrespective of the nationality of the alleged offender; or
``(4) the offense occurs in whole or in part within the
United States.
``(d) Definitions.--In this section:
``(1) Participate actively in hostilities.--The term
`participate actively in hostilities' means taking part in--
``(A) combat or military activities related to
combat, including sabotage and serving as a decoy, a
courier, or at a military checkpoint; or
``(B) direct support functions related to combat,
including transporting supplies or providing other
services.
``(2) Armed force or group.--The term `armed force or group'
means any army, militia, or other military organization,
whether or not it is state-sponsored, excluding any group
assembled solely for nonviolent political association.
``CHAPTER 33--TRANSPORTATION RELATED CRIMES
``Subchapter
Sec.
``A. Aircraft and motor vehicles.................................. 1301
``B. Roalroads.................................................... 1331
``C. Seamen and stowaways......................................... 1341
``D. Shipping..................................................... 1351
``SUBCHAPTER A--AIRCRAFT AND MOTOR VEHICLES
``Sec.
``1301. Destruction of aircraft or aircraft facilities.
``1302. Destruction of motor vehicles or motor vehicle facilities.
``1303. Penalty when death results.
``1304. Imparting or conveying false information.
``1305. Violence at international airports.
``1306. Fraud involving aircraft or space vehicle parts in interstate
or foreign commerce.
``1307. Aircraft piracy.
``1308. Interference with flight crew members and attendants.
``1309. Carrying a weapon or explosive on an aircraft.
``1310. Application of certain criminal laws to acts on aircraft.
``1311. Definitions.
``Sec. 1301. Destruction of aircraft or aircraft facilities
``(a) In General.--Whoever knowingly without authority--
``(1) sets fire to, damages, destroys, disables, or wrecks
any aircraft in the special aircraft jurisdiction of the United
States or any civil aircraft used, operated, or employed in
interstate, overseas, or foreign air commerce;
``(2) places or causes to be placed a destructive device or
substance in, upon, or in proximity to, or otherwise makes or
causes to be made unworkable or unusable or hazardous to work
or use, any such aircraft, or any part or other materials used
or intended to be used in connection with the operation of such
aircraft, if such placing or causing to be placed or such
making or causing to be made is likely to endanger the safety
of any such aircraft;
``(3) sets fire to, damages, destroys, or disables any air
navigation facility, or interferes by force or violence with
the operation of such facility, if such fire, damaging,
destroying, disabling, or interfering is likely to endanger the
safety of any such aircraft in flight;
``(4) with the intent to damage, destroy, or disable any such
aircraft, sets fire to, damages, destroys, or disables or
places a destructive device or substance in, upon, or in
proximity to, any appliance or structure, ramp, landing area,
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
such aircraft or any cargo carried or intended to be carried on
any such aircraft;
``(5) interferes with or disables, with intent to endanger
the safety of any person or with a reckless disregard for the
safety of human life, anyone engaged in the authorized
operation of such aircraft or any air navigation facility
aiding in the navigation of any such aircraft;
``(6) performs an act of violence against or incapacitates
any individual on any such aircraft, if such act of violence or
incapacitation is likely to endanger the safety of such
aircraft; or
``(7) 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
such aircraft in flight,
shall be imprisoned not more than 20 years.
``(b) Other Civil Aircraft.--Whoever knowingly--
``(1) performs an act of violence against any individual on
board any civil aircraft registered in a country other than the
United States while such aircraft is in flight, if such act is
likely to endanger the safety of that aircraft;
``(2) destroys a civil aircraft registered in a country other
than the United States while such aircraft is in service or
causes damage to such an aircraft which renders that aircraft
incapable of flight or which is likely to endanger that
aircraft's safety in flight; or
``(3) places or causes to be placed on a civil aircraft
registered in a country other than the United States while such
aircraft is in service, a device or substance which is likely
to destroy that aircraft, or to cause damage to that aircraft
which renders that aircraft incapable of flight or which is
likely to endanger that aircraft's safety in flight,
shall be imprisoned not more than 20 years. There is also
extraterritorial jurisdiction over an offense under this subsection if
a national of the United States was on board, or would have been on
board, the aircraft; an offender is a national of the United States; or
an offender is afterwards found in the United States.
``(c) Threats.--Whoever knowingly imparts or conveys any threat to do
an act which would violate any of paragraphs (1) through (5) of
subsection (a) or any of paragraphs (1) through (3) of subsection (b)
of this section, with an apparent determination and will to carry the
threat into execution shall be imprisoned not more than five years.
``Sec. 1302. Destruction of motor vehicles or motor vehicle facilities
``(a) Offense.--Whoever--
``(1) knowingly, with intent to endanger the safety of any
person on board or anyone who he believes will board the same,
or with a reckless disregard for the safety of human life,
damages, disables, destroys, tampers with, or places or causes
to be placed any explosive or other destructive substance in,
upon, or in proximity to, any motor vehicle which is used,
operated, or employed in interstate or foreign commerce, or its
cargo or material used or intended to be used in connection
with its operation;
``(2) knowingly, with like intent, damages, disables,
destroys;
``(3) sets fire to, tampers with, or places or causes to be
placed any explosive or other destructive substance in, upon,
or in proximity to any garage, terminal, structure, supply, or
facility used in the operation of, or in support of the
operation of, motor vehicles engaged in interstate or foreign
commerce or otherwise makes or causes such property to be made
unworkable, unusable, or hazardous to work or use; or
``(4) with like intent, knowingly disables or incapacitates
any driver or person employed in connection with the operation
or maintenance of the motor vehicle, or in any way lessens the
ability of such person to perform his duties as such;
shall be imprisoned not more than 20 years.
``(b) Increased Penalty.--Whoever is convicted of a violation of
subsection (a) involving a motor vehicle that, at the time the
violation occurred, 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 imprisoned for any term of years not less than
30, or for life.
``Sec. 1303. Penalty when death results
``Whoever is convicted of any crime prohibited by this subchapter,
which has resulted in the death of any person, shall be subject also to
the death penalty or to imprisonment for life.
``Sec. 1304. Imparting or conveying false information
``(a) Civil Penalty.--Whoever imparts or conveys or causes to be
imparted or conveyed false information, knowing the information to be
false, concerning an attempt or alleged attempt being made or to be
made, to do any act which would be a crime prohibited by this
subchapter or subchapter B or D of this chapter shall be subject to a
civil penalty of not more than $1,000 which shall be recoverable in a
civil action brought in the name of the United States.
``(b) Criminal Offense.--Whoever knowingly, or with reckless
disregard for the safety of human life, imparts or conveys or causes to
be imparted or conveyed false information, knowing the information to
be false, concerning an attempt or alleged attempt being made or to be
made, to do any act which would be a crime prohibited by this
subchapter or subchapter B or D of this chapter shall be imprisoned not
more than five years.
``Sec. 1305. Violence at international airports
``(a) Offense.--Whoever unlawfully and knowingly, 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 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,
shall be imprisoned not more than 20 years.
``(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.
``(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.
``(d) Definition.--As used in 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)).
``Sec. 1306. 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; or
``(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;
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, 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.
``(e) 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.
``Sec. 1307. Aircraft piracy
``(a) In Special Aircraft Jurisdiction.--(1) For the purposes of this
subsection--
``(A) the term `aircraft piracy' means seizing or exercising
control of an aircraft in the special aircraft jurisdiction of
the United States by force, violence, threat of force or
violence, or any form of intimidation, and with wrongful
intent; and
``(B) an attempt to commit aircraft piracy is in the special
aircraft jurisdiction of the United States although the
aircraft is not in flight at the time of the attempt if the
aircraft would have been in the special aircraft jurisdiction
of the United States had the aircraft piracy been completed.
``(2) Whoever commits aircraft piracy shall be imprisoned for not
less than 20 years.
``(b) Outside Special Aircraft Jurisdiction.--(1) Whoever commits an
offense (as defined in the Convention for the Suppression of Unlawful
Seizure of Aircraft) on an aircraft in flight outside the special
aircraft jurisdiction of the United States shall be imprisoned for at
least 20 years.
``(2) There is extrateritorial jurisdiction over the offense in
paragraph (1) if--
``(A) a national of the United States was aboard the
aircraft;
``(B) an offender is a national of the United States; or
``(C) an offender is afterwards found in the United States.
``Sec. 1308. Interference with flight crew members and attendants
``An individual on an aircraft in the special aircraft jurisdiction
of the United States who, by assaulting or intimidating a flight crew
member or flight attendant of the aircraft, interferes with the
performance of the duties of the member or attendant or lessens the
ability of the member or attendant to perform those duties, shall be
imprisoned for not more than 20 years. However, if a dangerous weapon
is used in assaulting or intimidating the member or attendant, the
individual shall be imprisoned for any term of years or for life.
``Sec. 1309. Carrying a weapon or explosive on an aircraft
``(a) Definition.--In this section, `loaded firearm' means a starter
gun or a weapon designed or converted to expel a projectile through an
explosive, that has a cartridge, a detonator, or powder in the chamber,
magazine, cylinder, or clip.
``(b) General Criminal Penalty.--An individual shall be imprisoned
for not more than 10 years if the individual--
``(1) when on, or attempting to get on, an aircraft in, or
intended for operation in, air transportation or intrastate air
transportation, has on or about the individual or the property
of the individual a concealed dangerous weapon that is or would
be accessible to the individual in flight;
``(2) has placed, attempted to place, or attempted to have
placed a loaded firearm on that aircraft in property not
accessible to passengers in flight; or
``(3) has on or about the individual, or has placed,
attempted to place, or attempted to have placed on that
aircraft, an explosive or incendiary device.
``(c) Criminal Penalty Involving Disregard for Human Life.--An
individual who willfully and without regard for the safety of human
life, or with reckless disregard for the safety of human life, violates
subsection (b) of this section, shall be imprisoned for not more than
20 years, and, if death results to any person, shall be imprisoned for
any term of years or for life.
``(d) Nonapplication.--Subsection (b)(1) of this section does not
apply to--
``(1) a law enforcement officer of a State or political
subdivision of a State, or an officer or employee of the United
States Government, authorized to carry arms in an official
capacity;
``(2) another individual the Administrator of the Federal
Aviation Administration or the Under Secretary of
Transportation for Security by regulation authorizes to carry a
dangerous weapon in air transportation or intrastate air
transportation; or
``(3) an individual transporting a weapon (except a loaded
firearm) in baggage not accessible to a passenger in flight if
the air carrier was informed of the presence of the weapon.
``Sec. 1310. Application of certain criminal laws to acts on aircraft
``An individual on an aircraft in the special aircraft jurisdiction
of the United States who commits an act that--
``(1) if committed in the special maritime and territorial
jurisdiction of the United States (as defined in section 7 of
title 18) would violate section 102, 111, 141, 650, 651, or
subchapter A of chapter 13, shall be imprisoned under that
section or chapter; or
``(2) if committed in the District of Columbia would violate
section 9 of the Act of July 29, 1892 (D.C. Code Sec. 22-1112),
shall be imprisoned under section 9 of the Act.
``Sec. 1311. Definitions
``(a) Definitions.--As used in sections 1301 through 1307, 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) 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 subchapter, 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.
``SUBCHAPTER B--RAILROADS
``Sec.
``1331. Terrorist attacks and other violence against railroad carriers
and against mass transportation systems on land, on water, or
through the air.
``Sec. 1331. 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, as made applicable by
subsection (c), knowingly and without lawful authority--
``(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) threatens to engage in any violation of any of
paragraphs (1) through (9);
shall be imprisoned not more than 20 years, and if the offense results
in the death of any person, shall be imprisoned for any term of years
or for life, or be subject to the penalty of 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 imprisoned for any term of years or life, and if the offense
resulted in the death of any person, the person may be sentenced to
death.
``(c) Applicability.--Subsection (a) applies if any of the following
are true:
``(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.--As used 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 school bus, charter, and sightseeing
transportation and passenger vessel as that term is defined in
section 2101(22) of title 46;
``(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 `toxin' has the meaning given to that term in
section 178(2); and
``(15) 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.
``SUBCHAPTER C--SEAMEN AND STOWAWAYS
``Sec.
``1341. Drunkenness or neglect of duty by seamen.
``1342. Misuse of Federal certificate, license, or document.
``1343. Stowaways on vessels or aircraft.
``Sec. 1341. Drunkenness or neglect of duty by seamen
``Whoever, being a master, officer, radio operator, seaman,
apprentice or other person employed on any merchant vessel, by willful
breach of duty, or by reason of drunkenness, does any act tending to
the immediate loss or destruction of, or serious damage to, such
vessel, or tending immediately to endanger the life or limb of any
person belonging to or on board of such vessel; or, by knowing breach
of duty or by neglect of duty or by reason of drunkenness, refuses or
omits to do any lawful act proper and requisite to be done by him for
preserving such vessel from immediate loss, destruction, or serious
damage, or for preserving any person belonging to or on board of such
ship from immediate danger to life or limb, shall be imprisoned not
more than one year.
``Sec. 1342. Misuse of Federal certificate, license, or document
``Whoever--
``(1) not being lawfully entitled thereto, uses, exhibits, or
attempts to use or exhibit, or, with intent unlawfully to use
the same, receives or possesses any certificate, license, or
document issued to vessels, or officers or seamen by any
officer or employee of the United States authorized by law to
issue the same;
``(2) without authority, alters or attempts to alter any such
certificate, license, or document by addition, interpolation,
deletion, or erasure;
``(3) forges, counterfeits, or steals, or attempts to forge,
counterfeit, or steal, any such certificate, license, or
document; or unlawfully possesses or knowingly uses any such
altered, changed, forged, counterfeit, or stolen certificate,
license, or document;
``(4) without authority, prints or manufactures any blank
form of such certificate, license, or document, or Whoever
possesses without lawful excuse, and with intent unlawfully to
use the same, any blank form of such certificate, license, or
document; or
``(5) in any manner, transfers or negotiates such transfer
of, any blank form of such certificate, license, or document,
or any such altered, forged, counterfeit, or stolen
certificate, license, or document, or any such certificate,
license, or document to which the party transferring or
receiving the same is not lawfully entitled;
shall be imprisoned not more than five years.
``Sec. 1343. Stowaways on vessels or aircraft
``(a) Offense.--Whoever--
``(1) 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;
``(2) 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
``(3) 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;
shall be punished as provided in subsection (b).
``(b) Punishment.--The punishment for an offense under subsection (a)
is imprisonment for not more than 5 years, but--
``(1) if the person commits an offense under this section,
with the intent to commit serious bodily injury, and serious
bodily injury occurs to any person other than a participant as
a result of the offense shall be imprisoned not more than 20
years; and
``(2) if an individual commits an offense under this section,
with the intent to cause death, and if the death of any person
other than a participant occurs as a result of the offense
shall be imprisoned for any number of years or for life.
``(c) Definition.--As used in this section the term `aircraft'
includes any contrivance for navigation or flight in the air.
``SUBCHAPTER D--SHIPPING
``Sec.
``1345. Violence against maritime navigation.
``1346. Devices or dangerous substances in waters of the United States
likely to destroy or damage ships or to interfere with
maritime commerce.
``1347. Violence against aids to maritime navigation.
``1348. Transportation of explosive, biological, chemical, or
radioactive or nuclear materials.
``1349. Transportation of terrorists.
``1350. Operation of submersible vessel or semi-submersible vessel
without nationality.
``Sec. 1345. Violence against maritime navigation
``(a) Offenses.--
``(1) In general.--A person who unlawfully and
intentionally--
``(A) seizes or exercises control over a ship by
force or threat thereof or any other form of
intimidation;
``(B) performs an act of violence against a person on
board a ship if that act is likely to endanger the safe
navigation of that ship;
``(C) destroys a ship or causes damage to a ship or
to its cargo which is likely to endanger the safe
navigation of that ship;
``(D) places or causes to be placed on a ship, by any
means whatsoever, a device or substance which is likely
to destroy that ship, or cause damage to that ship or
its cargo which endangers or is likely to endanger the
safe navigation of that ship;
``(E) destroys or seriously damages maritime
navigational facilities or seriously interferes with
their operation, if such act is likely to endanger the
safe navigation of a ship;
``(F) communicates information, knowing the
information to be false and under circumstances in
which such information may reasonably be believed,
thereby endangering the safe navigation of a ship; or
``(G) 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
(F),
shall be imprisoned not more than 20 years; and if the death of
any person results from conduct prohibited by this paragraph,
shall be punished by death or imprisoned for any term of years
or for life.
``(2) Threat to navigation.--A person who threatens to do any
act prohibited under paragraph (1)(B), (C) or (E), with
apparent determination and will to carry the threat into
execution, if the threatened act is likely to endanger the safe
navigation of the ship in question, shall be imprisoned not
more than 5 years.
``(b) Jurisdiction.--There is jurisdiction over the activity
prohibited in subsection (a)--
``(1) in the case of a covered ship, if--
``(A) such activity is committed--
``(i) against or on board a ship flying the
flag of the United States at the time the
prohibited activity is committed;
``(ii) in the United States; or
``(iii) by a national of the United States or
by a stateless person whose habitual residence
is in the United States;
``(B) during the commission of such activity, a
national of the United States is seized, threatened,
injured or killed; or
``(C) the offender is later found in the United
States after such activity is committed;
``(2) in the case of a ship navigating or scheduled to
navigate solely within the territorial sea or internal waters
of a country other than the United States, if the offender is
later found in the United States after such activity is
committed; and
``(3) in the case of any vessel, if such activity is
committed in an attempt to compel the United States to do or
abstain from doing any act.
``(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 (29 U.S.C. 113(c)).
``(d) Delivery of Suspected Offender.--The master of a covered ship
flying the flag of the United States who has reasonable grounds to
believe that there is on board that ship any person who has committed
an offense under Article 3 of the Convention for the Suppression of
Unlawful Acts Against the Safety of Maritime Navigation may deliver
such person to the authorities of a State Party to that Convention.
Before delivering such person to the authorities of another country,
the master shall notify in an appropriate manner the Attorney General
of the United States of the alleged offense and await instructions from
the Attorney General as to what action to take. When delivering the
person to a country which is a State Party to the Convention, the
master shall, whenever practicable, and if possible before entering the
territorial sea of such country, notify the authorities of such country
of the master's intention to deliver such person and the reasons
therefor. If the master delivers such person, the master shall furnish
to the authorities of such country the evidence in the master's
possession that pertains to the alleged offense.
``(e) Definitions.--As used in this section--
``(1) the term `covered ship' means a ship that is navigating
or is scheduled to navigate into, through or from waters beyond
the outer limit of the territorial sea of a single country or a
lateral limit of that country's territorial sea with an
adjacent country;
``(2) 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
``(3) the term `ship' means a vessel of any type whatsoever
not permanently attached to the sea-bed, including dynamically
supported craft, submersibles or any other floating craft, but
does not include a warship, a ship owned or operated by a
government when being used as a naval auxiliary or for customs
or police purposes, or a ship which has been withdrawn from
navigation or laid up.
``Sec. 1346. Devices or dangerous substances in waters of the United
States likely to destroy or damage ships or to
interfere with maritime commerce
``(a) Offense.--Whoever knowingly places in navigable waters of the
United States a device or dangerous substance which is likely--
``(1) to destroy or cause damage to a vessel or its cargo;
``(2) to cause interference with the safe navigation of
vessels, or interference with maritime commerce (such as by
damaging or destroying marine terminals, facilities, or any
other marine structure or entity used in maritime commerce);
with the intent of causing such destruction or damage, interference
with the safe navigation of vessels, or interference with maritime
commerce shall be imprisoned for any term of years or for life.
``(b) Special Rule for Offense Resulting in Death.--Whoever causes
the death of any person by engaging in conduct prohibited under
subsection (a) may be punished by death.
``(c) Rule of Construction.--Nothing in this section shall be
construed to apply to otherwise lawfully authorized and conducted
activities of the United States Government.
``(d) Definitions.--As used in this section--
``(1) the term `dangerous substance' means any solid, liquid,
or gaseous material that has the capacity to cause damage to a
vessel or its cargo, or cause interference with the safe
navigation of a vessel; and
``(2) the term `device' means any object that, because of its
physical, mechanical, structural, or chemical properties, has
the capacity to cause damage to a vessel or its cargo, or cause
interference with the safe navigation of a vessel.
``Sec. 1347. Violence against aids to maritime navigation
``Whoever intentionally destroys, seriously damages, alters, moves,
or tampers with any aid to maritime navigation maintained by the Saint
Lawrence Seaway Development Corporation under the authority of section
4 of the Act of May 13, 1954 (33 U.S.C. 984), by the Coast Guard
pursuant to section 81 of title 14, or lawfully maintained under
authority granted by the Coast Guard pursuant to section 83 of title
14, if such act endangers or is likely to endanger the safe navigation
of a ship, shall imprisoned for not more than 20 years.
``Sec. 1348. Transportation of explosive, biological, chemical, or
radioactive or nuclear materials
``(a) In General.--Whoever knowingly transports aboard any vessel
within the United States and on waters subject to the jurisdiction of
the United States or any vessel outside the United States and on the
high seas or having United States nationality an explosive or
incendiary device, biological agent, chemical weapon, or radioactive or
nuclear material, knowing that any such item is intended to be used to
commit an offense listed in section 273(h)(3)(B), shall be imprisoned
for any term of years or for life.
``(b) Causing Death.--Whoever causes the death of a person by
engaging in conduct prohibited by subsection (a) may be punished by
death.
``(c) Definitions.--In this section:
``(1) Biological agent.--The term `biological agent' means
any biological agent, toxin, or vector (as those terms are
defined in section 178).
``(2) By-product material.--The term `by-product material'
has the meaning given that term in section 11(e) of the Atomic
Energy Act of 1954 (42 U.S.C. 2014(e)).
``(3) Chemical weapon.--The term `chemical weapon' has the
meaning given that term in section 229F(1).
``(4) Explosive or incendiary device.--The term `explosive or
incendiary device' has the meaning given the term in section
232(5) and includes explosive materials, as that term is
defined in section 841(c) and explosive as defined in section
844(j).
``(5) Nuclear material.--The term `nuclear material' has the
meaning given that term in section 831(f)(1).
``(6) Radioactive material.--The term `radioactive material'
means--
``(A) source material and special nuclear material,
but does not include natural or depleted uranium;
``(B) nuclear by-product material;
``(C) material made radioactive by bombardment in an
accelerator; or
``(D) all refined isotopes of radium.
``(7) Source material.--The term `source material' has the
meaning given that term in section 11(z) of the Atomic Energy
Act of 1954 (42 U.S.C. 2014(z)).
``(8) Special nuclear material.--The term `special nuclear
material' has the meaning given that term in section 11(aa) of
the Atomic Energy Act of 1954 (42 U.S.C. 2014(aa)).
``Sec. 1349. Transportation of terrorists
``(a) In General.--Whoever knowingly and intentionally transports any
terrorist aboard any vessel within the United States and on waters
subject to the jurisdiction of the United States or any vessel outside
the United States and on the high seas or having United States
nationality, knowing that the transported person is a terrorist, shall
be imprisoned for any term of years or for life.
``(b) Defined Term.--In this section, the term `terrorist' means any
person who intends to commit, or is avoiding apprehension after having
committed, an offense listed under section 2332b(g)(5)(B).
``Sec. 1350. Operation of submersible vessel or semi-submersible vessel
without nationality
``(a) Offense.--Whoever knowingly operates, by any means, or embarks
in any submersible vessel or semi-submersible vessel that is without
nationality and that is navigating or has navigated into, through, or
from waters beyond the outer limit of the territorial sea of a single
country or a lateral limit of that country's territorial sea with an
adjacent country, with the intent to evade detection, shall be
imprisoned not more than 15 years.
``(b) Evidence of Intent To Evade Detection.--For purposes of
subsection (a), the presence of any of the indicia described in
paragraph (1)(A), (E), (F), or (G), or in paragraph (4), (5), or (6),
of section 70507(b) of title 46 may be considered, in the totality of
the circumstances, to be prima facie evidence of intent to evade
detection.
``(c) Extraterritorial Jurisdiction.--There is extraterritorial
Federal jurisdiction over an offense under this section.
``(d) Claim of Nationality or Registry.--A claim of nationality or
registry under this section includes only--
``(1) possession on board the vessel and production of
documents evidencing the vessel's nationality as provided in
article 5 of the 1958 Convention on the High Seas;
``(2) flying its nation's ensign or flag; or
``(3) a verbal claim of nationality or registry by the master
or individual in charge of the vessel.
``(e) Affirmative Defenses.--
``(1) In general.--It is an affirmative defense to a
prosecution for a violation of subsection (a), which the
defendant has the burden to prove by a preponderance of the
evidence, that the submersible vessel or semi-submersible
vessel involved was, at the time of the offense--
``(A) a vessel of the United States or lawfully
registered in a foreign nation as claimed by the master
or individual in charge of the vessel when requested to
make a claim by an officer of the United States
authorized to enforce applicable provisions of United
States law;
``(B) classed by and designed in accordance with the
rules of a classification society;
``(C) lawfully operated in government-regulated or
licensed activity, including commerce, research, or
exploration; or
``(D) equipped with and using an operable automatic
identification system, vessel monitoring system, or
long range identification and tracking system.
``(2) Production of documents.--The affirmative defenses
provided by this subsection are proved conclusively by the
production of--
``(A) government documents evidencing the vessel's
nationality at the time of the offense, as provided in
article 5 of the 1958 Convention on the High Seas;
``(B) a certificate of classification issued by the
vessel's classification society upon completion of
relevant classification surveys and valid at the time
of the offense; or
``(C) government documents evidencing licensure,
regulation, or registration for commerce, research, or
exploration.
``(f) Federal Activities Excepted.--Nothing in this section applies
to lawfully authorized activities carried out by or at the direction of
the United States Government.
``(g) Applicability of Other Provisions.--Sections 70504 and 70505 of
title 46 apply to offenses under this section in the same manner as
they apply to offenses under section 70503 of such title.
``(h) Definitions.--In this section, the terms `submersible vessel',
`semi-submersible vessel', `vessel of the United States', and `vessel
without nationality' have the meaning given those terms in section
70502 of title 46.
``SUBCHAPTER E--DESTRUCTION OF, OR INTERFERENCE WITH, VESSELS OR
MARITIME FACILITIES
``Sec.
``1351. Jurisdiction and scope.
``1352. Destruction of vessel or maritime facility.
``1353. Imparting or conveying false information.
``1354. Bar to prosecution.
``1355. Bribery affecting port security.
``Sec. 1351. Jurisdiction and scope
``(a) Jurisdiction.--There is jurisdiction, including
extraterritorial jurisdiction, over an offense under section 1352 if
the prohibited activity takes place--
``(1) within the United States and within waters subject to
the jurisdiction of the United States; or
``(2) outside United States and--
``(A) an offender or a victim is a national of the
United States (as that term is defined under section
101(a)(22) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(22));
``(B) the activity involves a vessel in which a
national of the United States was on board; or
``(C) the activity involves a vessel of the United
States (as that term is defined under section 2 of the
Maritime Drug Law Enforcement Act (46 U.S.C. App.
1903).
``(b) Scope.--Nothing in this subchapter shall apply to otherwise
lawful activities carried out by or at the direction of the United
States Government.
``Sec. 1352. 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 581, or an explosive, as defined in section 611 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 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; or
``(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;
shall be imprisoned not more than 20 years.
``(b) Limitation.--Subsection (a) does 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 convicted 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 imprisoned for any term of years or for life.
``(d) Penalty When Death Results.--Whoever is convicted under
subsection (a) and intended to cause death by the prohibited conduct,
if the conduct resulted in the death of any person, shall be subject to
the death penalty or to imprisonment for any term of years or for life.
``(e) Threats.--Whoever knowingly and intentionally imparts or
conveys any threat to do an act which would violate this subchapter,
with an apparent determination and will to carry the threat into
execution, shall be imprisoned not more than 5 years and is liable for
all costs incurred as a result of such threat.
``Sec. 1353. Imparting or conveying false information
``(a) In General.--Whoever imparts or conveys or causes to be
imparted or conveyed false information, knowing the information to be
false, concerning an attempt or alleged attempt being made or to be
made, to do any act that would be a crime prohibited by this subchapter
or by subchapter D, shall be subject to a civil penalty of not more
than $5,000, which shall be recoverable in a civil action brought in
the name of the United States.
``(b) Malicious Conduct.--Whoever knowingly, intentionally,
maliciously, or with reckless disregard for the safety of human life,
imparts or conveys or causes to be imparted or conveyed false
information, knowing the information to be false, concerning an attempt
or alleged attempt to do any act which would be a crime prohibited by
this subchapter or by subchapter D, shall be imprisoned not more than 5
years.
``(c) Jurisdiction.--Jurisdiction over an offense under this section
shall be determined in accordance with the provisions applicable to the
offense under section 1352, or under subchapter D, to which the
imparted or conveyed false information relates, as applicable.
``Sec. 1354. Bar to prosecution
``(a) In General.--It is a bar to prosecution under section 1352 or
1353 that--
``(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) Definition.--In this section, the term `labor dispute' has the
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).
``Sec. 1355. Bribery affecting port security
``(a) In General.--Whoever knowingly--
``(1) directly or indirectly, corruptly gives, offers, or
promises anything of value to any public or private person,
with intent to commit international terrorism or domestic
terrorism (as those terms are defined under section 283), to--
``(A) influence any action or any person to commit or
aid in committing, or collude in, or allow, any fraud,
or make opportunity for the commission of any fraud
affecting any secure or restricted area or seaport; or
``(B) induce any official or person to do or omit to
do any act in violation of the lawful duty of such
official or person that affects any secure or
restricted area or seaport; or
``(2) directly or indirectly, corruptly demands, seeks,
receives, accepts, or agrees to receive or accept anything of
value personally or for any other person or entity in return
for--
``(A) being influenced in the performance of any
official act affecting any secure or restricted area or
seaport; and
``(B) knowing that such influence will be used to
commit, or plan to commit, international or domestic
terrorism,
shall be imprisoned not more than 15 years.
``(b) Definition.--In this section, the term `secure or restricted
area' means an area of a vessel or facility designated as secure in an
approved security plan, as required under section 70103 of title 46,
and the rules and regulations promulgated under that section.
``CHAPTER 35--REGULATORY CRIMES
``Subchapter
Sec.
``A. Animals, birds, fish, and plants............................. 1371
``B. Gambling..................................................... 1381
``C. Protection of trade secrets.................................. 1391
``D. Trafficking in contraband cigarettes......................... 1411
``E. Child support................................................ 1431
``F. Obscenity.................................................... 1441
``G. Money laundering............................................. 1451
``SUBCHAPTER A--ANIMALS, BIRDS, FISH, AND PLANTS
``Sec.
``1371. Hunting, fishing, trapping; disturbance or injury on wildlife
refuges.
``1372. Importation or shipment of injurious mammals, birds, fish
(including mollusks and crustacea), amphibia, and reptiles;
permits, specimens for museums; regulations.
``1373. Force, violence, and threats involving animal enterprises.
``1374. Use of aircraft or motor vehicles to hunt certain wild horses
or burros; pollution of watering holes.
``1375. Depiction of animal cruelty.
``1376. Enforcement of animal fighting prohibitions.
``Sec. 1371. Hunting, fishing, trapping; disturbance or injury on
wildlife refuges
``Whoever, except in compliance with rules and regulations
promulgated by authority of law, hunts, traps, captures, knowingly
disturbs or kills any bird, fish, or wild animal of any kind whatever,
or takes or destroys the eggs or nest of any such bird or fish, on any
lands or waters which are set apart or reserved as sanctuaries, refuges
or breeding grounds for such birds, fish, or animals under any law of
the United States or knowingly injures, molests, or destroys any
property of the United States on any such lands or waters, shall be
imprisoned not more than six months.
``Sec. 1372. Importation or shipment of injurious mammals, birds, fish
(including mollusks and crustacea), amphibia, and
reptiles; permits, specimens for museums;
regulations
``(a) Prohibition.--The importation into the United States, any
territory of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, or any possession of the United States, or
any shipment between the continental United States, the District of
Columbia, Hawaii, the Commonwealth of Puerto Rico, or any possession of
the United States, of the mongoose of the species Herpestes
auropunctatus; of the species of so-called `flying foxes' or fruit bats
of the genus Pteropus; of the zebra mussel of the species Dreissena
polymorpha; and such other species of wild mammals, wild birds, fish
(including mollusks and crustacea), amphibians, reptiles, brown tree
snakes, or the offspring or eggs of any of the foregoing which the
Secretary of the Interior may prescribe by regulation to be injurious
to human beings, to the interests of agriculture, horticulture,
forestry, or to wildlife or the wildlife resources of the United
States, is hereby prohibited. All such prohibited mammals, birds, fish
(including mollusks and crustacea), amphibians, and reptiles, and the
eggs or offspring therefrom, shall be promptly exported or destroyed at
the expense of the importer or consignee. Nothing in this section shall
be construed to repeal or modify any provision of the Public Health
Service Act or Federal Food, Drug, and Cosmetic Act. Also, this section
shall not authorize any action with respect to the importation of any
plant pest as defined in the Federal Plant Pest Act, insofar as such
importation is subject to regulation under that Act.
``(b) Definition.--As used in subsection (a), the term `wild' relates
to any creatures that, whether or not raised in captivity, normally are
found in a wild state; and the terms `wildlife' and `wildlife
resources' include those resources that comprise wild mammals, wild
birds, fish (including mollusks and crustacea), and all other classes
of wild creatures whatsoever, and all types of aquatic and land
vegetation upon which such wildlife resources are dependent.
``(c) Permission for Importation.--Notwithstanding the foregoing, the
Secretary of the Interior, when he finds that there has been a proper
showing of responsibility and continued protection of the public
interest and health, shall permit the importation for zoological,
educational, medical, and scientific purposes of any mammals, birds,
fish, (including mollusks and crustacea), amphibia, and reptiles, or
the offspring or eggs thereof, where such importation would be
prohibited otherwise by or pursuant to this Act, and this Act shall not
restrict importations by Federal agencies for their own use.
``(d) Exclusion.--Nothing in this section restricts the importation
of dead natural-history specimens for museums or for scientific
collections, or the importation of domesticated canaries, parrots
(including all other species of psittacine birds), or such other cage
birds as the Secretary of the Interior may designate.
``(e) Enforcement.--The Secretary of the Treasury and the Secretary
of the Interior shall enforce the provisions of this subsection,
including any regulations issued hereunder, and, if requested by the
Secretary of the Interior, the Secretary of the Treasury may require
the furnishing of an appropriate bond when desirable to insure
compliance with such provisions.
``(f) Offense.--Whoever violates this section, or any regulation
issued pursuant thereto, shall be imprisoned not more than six months.
``Sec. 1373. Force, violence, and threats involving animal enterprises
``(a) Offense.--Whoever travels in interstate or foreign commerce, or
uses or causes to be used the mail or any facility of interstate or
foreign commerce--
``(1) for the purpose of damaging or interfering with the
operations of an animal enterprise; and
``(2) in connection with such purpose--
``(A) intentionally damages or causes the loss of any
real or personal property (including animals or
records) used by an animal enterprise, or any real or
personal property of a person or entity having a
connection to, relationship with, or transactions with
an animal enterprise; or
``(B) intentionally places a person in reasonable
fear of the death of, or serious bodily injury to that
person, a member of the immediate family (as defined in
section 115) of that person, or a spouse or intimate
partner of that person by a course of conduct involving
threats, acts of vandalism, property damage, criminal
trespass, harassment, or intimidation;
shall be punished as provided for in subsection (b).
``(b) Penalties.--The punishment for a violation of section (a) or an
attempt or conspiracy to violate subsection (a) shall be--
``(1) a fine under this title or imprisonment not more than 1
year, or both, if the offense does not instill in another the
reasonable fear of serious bodily injury or death and--
``(A) the offense results in no economic damage or
bodily injury; or
``(B) the offense results in economic damage that
does not exceed $10,000;
``(2) a fine under this title or imprisonment for not more
than 5 years, or both, if no bodily injury occurs and--
``(A) the offense results in economic damage
exceeding $10,000 but not exceeding $100,000; or
``(B) the offense instills in another the reasonable
fear of serious bodily injury or death;
``(3) a fine under this title or imprisonment for not more
than 10 years, or both, if--
``(A) the offense results in economic damage
exceeding $100,000; or
``(B) the offense results in substantial bodily
injury to another individual;
``(4) a fine under this title or imprisonment for not more
than 20 years, or both, if--
``(A) the offense results in serious bodily injury to
another individual; or
``(B) the offense results in economic damage
exceeding $1,000,000; and
``(5) imprisonment for life or for any terms of years, a fine
under this title, or both, if the offense results in death of
another individual.
``(c) Restitution.--An order of restitution under this title with
respect to a violation of this section may also include restitution--
``(1) for the reasonable cost of repeating any
experimentation that was interrupted or invalidated as a result
of the offense;
``(2) for the loss of food production or farm income
reasonably attributable to the offense; and
``(3) for any other economic damage, including any losses or
costs caused by economic disruption, resulting from the
offense.
``(d) Definitions.--As used in this section--
``(1) the term `animal enterprise' means--
``(A) a commercial or academic enterprise that uses
or sells animals or animal products for profit, food or
fiber production, agriculture, education, research, or
testing;
``(B) a zoo, aquarium, animal shelter, pet store,
breeder, furrier, circus, or rodeo, or other lawful
competitive animal event; or
``(C) any fair or similar event intended to advance
agricultural arts and sciences;
``(2) the term `course of conduct' means a pattern of conduct
composed of 2 or more acts, evidencing a continuity of purpose;
``(3) the term `economic damage'--
``(A) means the replacement costs of lost or damaged
property or records, the costs of repeating an
interrupted or invalidated experiment, the loss of
profits, or increased costs, including losses and
increased costs resulting from threats, acts or
vandalism, property damage, trespass, harassment, or
intimidation taken against a person or entity on
account of that person's or entity's connection to,
relationship with, or transactions with the animal
enterprise; but
``(B) does not include any lawful economic disruption
(including a lawful boycott) that results from lawful
public, governmental, or business reaction to the
disclosure of information about an animal enterprise;
``(4) the term `serious bodily injury' means--
``(A) injury posing a substantial risk of death;
``(B) extreme physical pain;
``(C) protracted and obvious disfigurement; or
``(D) protracted loss or impairment of the function
of a bodily member, organ, or mental faculty; and
``(5) the term `substantial bodily injury' means--
``(A) deep cuts and serious burns or abrasions;
``(B) short-term or nonobvious disfigurement;
``(C) fractured or dislocated bones, or torn members
of the body;
``(D) significant physical pain;
``(E) illness;
``(F) short-term loss or impairment of the function
of a bodily member, organ, or mental faculty; or
``(G) any other significant injury to the body.
``(e) Rules of Construction.--Nothing in this section shall be
construed--
``(1) to prohibit any expressive conduct (including peaceful
picketing or other peaceful demonstration) protected from legal
prohibition by the First Amendment to the Constitution;
``(2) to create new remedies for interference with activities
protected by the free speech or free exercise clauses of the
First Amendment to the Constitution, regardless of the point of
view expressed, or to limit any existing legal remedies for
such interference; or
``(3) to provide exclusive criminal penalties or civil
remedies with respect to the conduct prohibited by this action,
or to preempt State or local laws that may provide such
penalties or remedies.
``Sec. 1374. Use of aircraft or motor vehicles to hunt certain wild
horses or burros; pollution of watering holes
``(a) Aircraft for Hunting.--Whoever uses an aircraft or a motor
vehicle to hunt, for the purpose of capturing or killing, any wild
unbranded horse, mare, colt, or burro running at large on any of the
public land or ranges shall be imprisoned not more than six months.
``(b) Pollution of Watering Holes.--Whoever pollutes or causes the
pollution of any watering hole on any of the public land or ranges for
the purpose of trapping, killing, wounding, or maiming any of the
animals referred to in subsection (a) of this section shall be
imprisoned not more than six months.
``(c) Definitions.--As used in subsection (a) of this section--
``(1) the term `aircraft' means any contrivance used for
flight in the air; and
``(2) the term `motor vehicle' includes an automobile,
automobile truck, automobile wagon, motorcycle, or any other
self-propelled vehicle designed for running on land.
``Sec. 1375. Depiction of animal cruelty
``(a) Creation, Sale, or Possession.--Whoever knowingly creates,
sells, or possesses a depiction of animal cruelty with the intention of
placing that depiction in interstate or foreign commerce for commercial
gain, shall be imprisoned not more than 5 years.
``(b) Exception.--Subsection (a) does not apply to any depiction that
has serious religious, political, scientific, educational,
journalistic, historical, or artistic value.
``(c) Definitions.--In this section, the term `depiction of animal
cruelty' means any visual or auditory depiction, including any
photograph, motion-picture film, video recording, electronic image, or
sound recording of conduct in which a living animal is intentionally
maimed, mutilated, tortured, wounded, or killed, if such conduct is
illegal under Federal law or the law of the State in which the
creation, sale, or possession takes place, regardless of whether the
maiming, mutilation, torture, wounding, or killing took place in the
State.
``Sec. 1376. Enforcement of animal fighting prohibitions
``Whoever violates subsection (a), (b), (c), or (e) of section 26 of
the Animal Welfare Act shall be imprisoned for not more than 5 years.
``SUBCHAPTER B--GAMBLING
``Sec.
``1381. Transmission of wagering information; penalties.
``1382. Definitions.
``Sec. 1381. Transmission of wagering information; penalties
``(a) Offense.--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 imprisoned not more than two years.
``(b) Exclusion.--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) Nonpreemption.--Nothing contained in this section shall create
immunity from criminal prosecution under any laws of any State.
``(d) Notification to Common Carrier.--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.
``Sec. 1382. Definitions
``As used in this subchapter--
``(1) the term `gambling ship' means a vessel used
principally for the operation of one or more gambling
establishments. Such term does not include a vessel with
respect to gambling aboard such vessel beyond the territorial
waters of the United States during a covered voyage (as defined
in section 4472 of the Internal Revenue Code of 1986 as in
effect on January 1, 1994);
``(2) the term `gambling establishment' means any common
gaming or gambling establishment operated for the purpose of
gaming or gambling, including accepting, recording, or
registering bets, or carrying on a policy game or any other
lottery, or playing any game of chance, for money or other
thing of value;
``(3) the term `American vessel' means any vessel documented
or numbered under the laws of the United States; and includes
any vessel which is neither documented or numbered under the
laws of the United States nor documented under the laws of any
foreign country, if such vessel is owned by, chartered to, or
otherwise controlled by one or more citizens or residents of
the United States or corporations organized under the laws of
the United States or of any State; and
``(4) the term `wire communication facility' means any and
all instrumentalities, personnel, and services (among other
things, the receipt, forwarding, or delivery of communications)
used or useful in the transmission of writings, signs,
pictures, and sounds of all kinds by aid of wire, cable, or
other like connection between the points of origin and
reception of such transmission.
``SUBCHAPTER C--PROTECTION OF TRADE SECRETS
``Sec.
``1391. Economic espionage.
``1392. Theft of trade secrets.
``1393. Exceptions to prohibitions.
``1394. Orders to preserve confidentiality.
``1395. Civil proceedings to enjoin violations.
``1396. Applicability to conduct outside the United States.
``1397. Construction with other laws.
``1398. Definitions.
``Sec. 1391. Economic espionage
``(a) In General.--Whoever, intending or knowing that the offense
will benefit any foreign government, foreign instrumentality, or
foreign agent, knowingly--
``(1) steals, or without authorization appropriates, takes,
carries away, or conceals, or by fraud, artifice, or deception
obtains a trade secret;
``(2) without authorization copies, duplicates, sketches,
draws, photographs, downloads, uploads, alters, destroys,
photocopies, replicates, transmits, delivers, sends, mails,
communicates, or conveys a trade secret; or
``(3) receives, buys, or possesses a trade secret, knowing
the same to have been stolen or appropriated, obtained, or
converted without authorization;
shall, except as provided in subsection (b), be imprisoned not more
than 15 years.
``(b) Organizations.--Any organization that commits any offense
described in subsection (a) shall be fined not more than $10,000,000.
``Sec. 1392. Theft of trade secrets
``(a) Offense.--Whoever, with intent to convert a trade secret, that
is related to or included in a product that is produced for or placed
in interstate or foreign commerce, to the economic benefit of anyone
other than the owner thereof, and intending or knowing that the offense
will, injure any owner of that trade secret, knowingly--
``(1) steals, or without authorization appropriates, takes,
carries away, or conceals, or by fraud, artifice, or deception
obtains such information;
``(2) without authorization copies, duplicates, sketches,
draws, photographs, downloads, uploads, alters, destroys,
photocopies, replicates, transmits, delivers, sends, mails,
communicates, or conveys such information; or
``(3) receives, buys, or possesses such information, knowing
the same to have been stolen or appropriated, obtained, or
converted without authorization;
shall, except as provided in subsection (b), be imprisoned not more
than 10 years.
``(b) Organizations.--Any organization that commits any offense
described in subsection (a) shall be fined not more than $5,000,000.
``Sec. 1393. Exceptions to prohibitions
``This subchapter does not prohibit--
``(1) any otherwise lawful activity conducted by a
governmental entity of the United States, a State, or a
political subdivision of a State; or
``(2) the reporting of a suspected violation of law to any
governmental entity of the United States, a State, or a
political subdivision of a State, if such entity has lawful
authority with respect to that violation.
``Sec. 1394. Orders to preserve confidentiality
``In any prosecution or other proceeding under this subchapter and
any forfeiture relating to a violation of this subchapter, the court
shall enter such orders and take such other action as may be necessary
and appropriate to preserve the confidentiality of trade secrets,
consistent with the requirements of the Federal Rules of Criminal and
Civil Procedure, the Federal Rules of Evidence, and all other
applicable laws. An interlocutory appeal by the United States shall lie
from a decision or order of a district court authorizing or directing
the disclosure of any trade secret.
``Sec. 1395. Civil proceedings to enjoin violations
``(a) Civil Action.--The Attorney General may, in a civil action,
obtain appropriate injunctive relief against any violation of this
subchapter.
``(b) Exclusive Jurisdiction.--The district courts of the United
States shall have exclusive original jurisdiction of civil actions
under this section.
``Sec. 1396. Applicability to conduct outside the United States
``This subchapter 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 a
State or political subdivision thereof; or
``(2) an act in furtherance of the offense was committed in
the United States.
``Sec. 1397. Construction with other laws
``This subchapter shall not be construed to preempt or displace any
other remedies, whether civil or criminal, provided by United States
Federal 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).
``Sec. 1398. Definitions
``As used in this subchapter--
``(1) the term `foreign instrumentality;' means any agency,
bureau, ministry, component, institution, association, or any
legal, commercial, or business organization, corporation, firm,
or entity that is substantially owned, controlled, sponsored,
commanded, managed, or dominated by a foreign government;
``(2) the term `foreign agent' means any officer, employee,
proxy, servant, delegate, or representative of a foreign
government;
``(3) the term `trade secret' means all forms and types of
financial, business, scientific, technical, economic, or
engineering information, including patterns, plans,
compilations, program devices, formulas, designs, prototypes,
methods, techniques, processes, procedures, programs, or codes,
whether tangible or intangible, and whether or how stored,
compiled, or memorialized physically, electronically,
graphically, photographically, or in writing if--
``(A) the owner thereof has taken reasonable measures
to keep such information secret; and
``(B) the information derives independent economic
value, actual or potential, from not being generally
known to, and not being readily ascertainable through
proper means by, the public; and
``(4) the term `owner', with respect to a trade secret, means
the person or entity in whom or in which rightful legal or
equitable title to, or license in, the trade secret is reposed.
``SUBCHAPTER D--TRAFFICKING IN CONTRABAND CIGARETTES
``Sec.
``1411. Definitions.
``1412. Unlawful acts.
``1413. Recordkeeping, reporting, and inspection.
``1414. Penalties.
``1415. Effect on State and local law.
``1416. Enforcement and regulations.
``Sec. 1411. 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.
``Sec. 1412. Unlawful acts
``It shall be unlawful for any person knowingly to ship, transport,
receive, possess, sell, distribute, or purchase contraband cigarettes
or contraband smokeless tobacco.
``Sec. 1413. Recordkeeping, reporting, and inspection
``(a) Recordkeeping.--Whoever ships, sells, or distributes any
quantity of cigarettes in excess of 10,000, or any quantity of
smokeless tobacco in excess of 500 single-unit consumer-sized cans or
packages, in a single transaction shall maintain such information about
the shipment, receipt, sale, and distribution of cigarettes as the
Attorney General may prescribe by rule or regulation. The Attorney
General may require such person to keep such information as the
Attorney General considers appropriate for purposes of enforcement of
this chapter, including--
``(1) the name, address, destination (including street
address), vehicle license number, driver's license number,
signature of the person receiving such cigarettes, and the name
of the purchaser;
``(2) a declaration of the specific purpose of the receipt
(personal use, resale, or delivery to another); and
``(3) a declaration of the name and address of the
recipient's principal in all cases when the recipient is acting
as an agent.
Such information shall be contained on business records kept in the
normal course of business.
``(b) Reporting.--Whoever, except for a tribal government, engages in
a delivery sale, and who ships, sells, or distributes any quantity in
excess of 10,000 cigarettes, or any quantity in excess of 500 single-
unit consumer-sized cans or packages of smokeless tobacco, or their
equivalent, within a single month, shall submit to the Attorney
General, pursuant to rules or regulations prescribed by the Attorney
General, a report that sets forth the following:
``(1) The person's beginning and ending inventory of
cigarettes and cans or packages of smokeless tobacco (in total)
for such month.
``(2) The total quantity of cigarettes and cans or packages
of smokeless tobacco that the person received within such month
from each other person (itemized by name and address).
``(3) The total quantity of cigarettes and cans or packages
of smokeless tobacco that the person distributed within such
month to each person (itemized by name and address) other than
a retail purchaser.
``(c) Inspection.--Upon the consent of any person who ships, sells,
or distributes any quantity of cigarettes in excess of 10,000 in a
single transaction, or pursuant to a duly issued search warrant, the
Attorney General may enter the premises (including places of storage)
of such person for the purpose of inspecting any records or information
required to be maintained by such person under this chapter, and any
cigarettes kept or stored by such person at such premises.
``(d) Others To Receive Reports.--Any report required to be submitted
under this subchapter to the Attorney General shall also be submitted
to the Secretary of the Treasury and to the attorneys general and the
tax administrators of the States from where the shipments, deliveries,
or distributions both originated and concluded.
``(e) Delivery Sale Defined.--As used in this section, the term
`delivery sale' means any sale of cigarettes or smokeless tobacco in
interstate commerce to a consumer if--
``(1) the consumer submits the order for such sale by means
of a telephone or other method of voice transmission, the
mails, or the Internet or other online service, or by any other
means where the consumer is not in the same physical location
as the seller when the purchase or offer of sale is made; or
``(2) the cigarettes or smokeless tobacco are delivered by
use of the mails, common carrier, private delivery service, or
any other means where the consumer is not in the same physical
location as the seller when the consumer obtains physical
possession of the cigarettes or smokeless tobacco.
``Sec. 1414. Penalties
``(a) 1412(a) Violations.--Whoever knowingly violates section 1412(a)
shall be imprisoned not more than five years.
``(b) 1413(a) and 1416 Violations.--Whoever knowingly violates any
rule or regulation promulgated under section 1413(a) or 1416 or
violates section 1412(b) shall be imprisoned not more than three years.
``(c) Seizure and Forfeiture.--Any contraband cigarettes or
contraband smokeless tobacco involved in any violation of the
provisions of this chapter shall be subject to seizure and forfeiture.
The provisions of chapter 50 relating to civil forfeitures shall extend
to any seizure or civil forfeiture under this section. Any cigarettes
or smokeless tobacco so seized and forfeited shall be either--
``(1) destroyed and not resold; or
``(2) used for undercover investigative operations for the
detection and prosecution of crimes, and then destroyed and not
resold.
``Sec. 1415. Effect on State and local law
``(a) Nothing in this chapter shall be construed to affect the
concurrent jurisdiction of a State or local government to enact and
enforce its own cigarette tax laws, to provide for the confiscation of
cigarettes or smokeless tobacco and other property seized for violation
of such laws, and to provide for penalties for the violation of such
laws.
``(b) Nothing in this chapter shall be construed to inhibit or
otherwise affect any coordinated law enforcement effort by a number of
State or local governments, through interstate compact or otherwise, to
provide for the administration of State or local cigarette tax laws, to
provide for the confiscation of cigarettes or smokeless tobacco and
other property seized in violation of such laws, and to establish
cooperative programs for the administration of such laws.
``Sec. 1416. Enforcement and regulations
``(a) Generally.--The Attorney General, subject to the provisions of
section 1413(a), shall enforce this subchapter and may prescribe rules
and regulations to carry out this subchapter.
``(b) State Enforcement Through Civil Actions.--
``(1) A State, through its attorney general, a local
government, through its chief law enforcement officer (or a
designee thereof), or any person who holds a permit under
chapter 52 of the Internal Revenue Code of 1986, may bring an
action in the United States district courts to prevent and
restrain violations of this chapter by any person (or by any
person controlling such person), except that any person who
holds a permit under chapter 52 of the Internal Revenue Code of
1986 may not bring such an action against a State or local
government. No civil action may be commenced under this
paragraph against an Indian tribe or an Indian in Indian
country (as defined in section 1151).
``(2) A State, through its attorney general, or a local government,
through its chief law enforcement officer (or a designee thereof), may
in a civil action under paragraph (1) also obtain any other appropriate
relief for violations of this chapter from any person (or by any person
controlling such person), including civil penalties, money damages, and
injunctive or other equitable relief. Nothing in this chapter shall be
deemed to abrogate or constitute a waiver of any sovereign immunity of
a State or local government, or an Indian tribe against any unconsented
lawsuit under this chapter, or otherwise to restrict, expand, or modify
any sovereign immunity of a State or local government, or an Indian
tribe.
``(3) The remedies under paragraphs (1) and (2) are in addition to
any other remedies under Federal, State, local, or other law.
``(4) Nothing in this chapter shall be construed to expand, restrict,
or otherwise modify any right of an authorized State official to
proceed in State court, or take other enforcement actions, on the basis
of an alleged violation of State or other law.
``(5) Nothing in this chapter shall be construed to expand, restrict,
or otherwise modify any right of an authorized local government
official to proceed in State court, or take other enforcement actions,
on the basis of an alleged violation of local or other law.
``SUBCHAPTER E--CHILD SUPPORT
``Sec.
``1431. Failure to pay legal child support obligations.
``Sec. 1431. Failure to pay legal child support obligations
``(a) Offense.--Whoever--
``(1) knowingly 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) knowingly 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),
imprisonment for not more than 6 months; 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), imprisonment for not more than 2 years.
``(d) 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.
``(e) 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 `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.
``SUBCHAPTER F--OBSCENITY
``Sec.
``1441. Mailing obscene or crime-inciting matter.
``1442. Importation or transportation of obscene matters.
``1443. Transportation of obscene matters for sale or distribution.
``1444. Engaging in the business of selling or transferring obscene
matter.
``1445. Obscene visual representations of the sexual abuse of children
``1446. Presumptions.
``1447. Transfer of obscene material to minors.
``Sec. 1441. Mailing obscene or crime-inciting matter
``(a) Nonmailability.--The following are nonmailable matter and shall
not be conveyed in the mails or delivered from any post office or by
any letter carrier:
``(1) Every obscene, lewd, lascivious, indecent, filthy or
vile article, matter, thing, device, or substance.
``(2) Every article or thing designed, adapted, or intended
for producing abortion, or for any indecent or immoral use.
``(3) Every article, instrument, substance, drug, medicine,
or thing which is advertised or described in a manner
calculated to lead another to use or apply it for producing
abortion, or for any indecent or immoral purpose.
``(4) Every written or printed card, letter, circular, book,
pamphlet, advertisement, or notice of any kind giving
information, directly or indirectly, where, or how, or from
whom, or by what means any of such mentioned matters, articles,
or things may be obtained or made, or where or by whom any act
or operation of any kind for the procuring or producing of
abortion will be done or performed, or how or by what means
abortion may be produced, whether sealed or unsealed.
``(5) Every paper, writing, advertisement, or representation
that any article, instrument, substance, drug, medicine, or
thing may, or can, be used or applied for producing abortion,
or for any indecent or immoral purpose.
``(6) Every description calculated to induce or incite a
person to so use or apply any such article, instrument,
substance, drug, medicine, or thing.
``(b) Offense.--Whoever knowingly uses the mails for the mailing,
carriage in the mails, or delivery of anything declared by this section
or section 3001(e) of title 39 to be nonmailable, or knowingly causes
to be delivered by mail according to the direction thereon, or at the
place at which it is directed to be delivered by the person to whom it
is addressed, or knowingly takes any such thing from the mails for the
purpose of circulating or disposing thereof, or of aiding in the
circulation or disposition thereof, shall be imprisoned not more than
five years, for the first such offense, and shall be imprisoned not
more than ten years for each such offense thereafter.
``Sec. 1442. Importation or transportation of obscene matters
``Whoever--
``(1) brings into the United States, or any place subject to
the jurisdiction thereof, or knowingly uses any express company
or other common carrier or interactive computer service (as
defined in section 230(e)(2) of the Communications Act of
1934), for carriage in interstate or foreign commerce--
``(A) any obscene, lewd, lascivious, or filthy book,
pamphlet, picture, motion-picture film, paper, letter,
writing, print, or other matter of indecent character;
``(B) any obscene, lewd, lascivious, or filthy
phonograph recording, electrical transcription, or
other article or thing capable of producing sound; or
``(C) any drug, medicine, article, or thing designed,
adapted, or intended for producing abortion, or for any
indecent or immoral use; or any written or printed
card, letter, circular, book, pamphlet, advertisement,
or notice of any kind giving information, directly or
indirectly, where, how, or of whom, or by what means
any of such mentioned articles, matters, or things may
be obtained or made; or
``(2) knowingly takes or receives, from such express company
or other common carrier or interactive computer service (as
defined in section 230(e)(2) of the Communications Act of 1934)
any matter or thing the carriage or importation of which is
herein made unlawful;
shall be imprisoned not more than five years for the first such offense
and shall be imprisoned not more than ten years for each such offense
thereafter.
``Sec. 1443. Transportation of obscene matters for sale or distribution
``(a) Offense.--Whoever knowingly transports or travels in, or uses a
facility or means of, interstate or foreign commerce or an interactive
computer service (as defined in section 230(e)(2) of the Communications
Act of 1934) in or affecting such commerce for the purpose of sale or
distribution, of any obscene, lewd, lascivious, or filthy book,
pamphlet, picture, film, paper, letter, writing, print, silhouette,
drawing, figure, image, cast, phonograph recording, electrical
transcription or other article capable of producing sound or any other
matter of indecent or immoral character, shall be imprisoned not more
than five years.
``(b) Presumption.--The transportation as aforesaid of two or more
copies of any publication or two or more of any article of the
character described above, or a combined total of five such
publications and articles, shall create a presumption that such
publications or articles are intended for sale or distribution, but
such presumption shall be rebuttable.
``Sec. 1444. Engaging in the business of selling or transferring
obscene matter
``(a) Offense.--Whoever is engaged in the business of selling or
transferring obscene matter, who knowingly receives or possesses with
intent to distribute any obscene book, magazine, picture, paper, film,
videotape, or phonograph or other audio recording, which has been
shipped or transported in interstate or foreign commerce, shall be
punished by imprisonment for not more than 5 years or by a fine under
this title, or both.
``(b) Definition.--As used in this section, the term `engaged in the
business' means that the person who sells or transfers or offers to
sell or transfer obscene matter devotes time, attention, or labor to
such activities, as a regular course of trade or business, with the
objective of earning a profit, although it is not necessary that the
person make a profit or that the selling or transferring or offering to
sell or transfer such material be the person's sole or principal
business or source of income. The offering for sale of or to transfer,
at one time, two or more copies of any obscene publication, or two or
more of any obscene article, or a combined total of five or more such
publications and articles, shall create a rebuttable presumption that
the person so offering them is `engaged in the business' as defined in
this subsection.
``Sec. 1445. Obscene visual representations of the sexual abuse of
children
``(a) In General.--Whoever, as made applicable by subsection (d),
knowingly produces, distributes, receives, or possesses with intent to
distribute, a visual depiction of any kind, including a drawing,
cartoon, sculpture, or painting, that--
``(1)(A) depicts a minor engaging in sexually explicit
conduct; and
``(B) is obscene; or
``(2)(A) depicts an image that is, or appears to be, of a
minor engaging in graphic bestiality, sadistic or masochistic
abuse, or sexual intercourse, including genital-genital, oral-
genital, anal-genital, or oral-anal, whether between persons of
the same or opposite sex; and
``(B) lacks serious literary, artistic, political, or
scientific value;
shall be subject to the penalties provided in section 223(b)(1),
including the penalties provided for cases involving a prior
conviction.
``(b) Additional Offenses.--Whoever, as made applicable by subsection
(d), knowingly possesses a visual depiction of any kind, including a
drawing, cartoon, sculpture, or painting, that--
``(1)(A) depicts a minor engaging in sexually explicit
conduct; and
``(B) is obscene; or
``(2)(A) depicts an image that is, or appears to be, of a
minor engaging in graphic bestiality, sadistic or masochistic
abuse, or sexual intercourse, including genital-genital, oral-
genital, anal-genital, or oral-anal, whether between persons of
the same or opposite sex; and
``(B) lacks serious literary, artistic, political, or
scientific value;
shall be subject to the penalties provided in section 223(b)(2),
including the penalties provided for cases involving a prior
conviction.
``(c) Nonrequired Element of Offense.--It is not a required element
of any offense under this section that the minor depicted actually
exist.
``(d) Applicability.--Subsections (a) and (b) apply if--
``(1) any communication involved in or made in furtherance of
the offense is communicated or transported by the mail, or in
interstate or foreign commerce by any means, including by
computer, or any means or instrumentality of interstate or
foreign commerce is otherwise used in committing or in
furtherance of the commission of the offense;
``(2) any communication involved in or made in furtherance of
the offense contemplates the transmission or transportation of
a visual depiction by the mail, or in interstate or foreign
commerce by any means, including by computer;
``(3) any person travels or is transported in interstate or
foreign commerce in the course of the commission or in
furtherance of the commission of the offense;
``(4) any visual depiction involved in the offense has been
mailed, or has been shipped or transported in interstate or
foreign commerce by any means, including by computer, or was
produced using materials that have been mailed, or that have
been shipped or transported in interstate or foreign commerce
by any means, including by computer; or
``(5) the offense is committed in the special maritime and
territorial jurisdiction of the United States or in any
territory or possession of the United States.
``(e) Affirmative Defense.--It shall be an affirmative defense to a
charge of violating subsection (b) that the defendant--
``(1) possessed less than 3 such visual depictions; and
``(2) promptly and in good faith, and without retaining or
allowing any person, other than a law enforcement agency, to
access any such visual depiction--
``(A) took reasonable steps to destroy each such
visual depiction; or
``(B) reported the matter to a law enforcement agency
and afforded that agency access to each such visual
depiction.
``(f) Definitions.--As used in this section--
``(1) the term `visual depiction' includes undeveloped film
and videotape, and data stored on a computer disk or by
electronic means which is capable of conversion into a visual
image, and also includes any photograph, film, video, picture,
digital image or picture, computer image or picture, or
computer generated image or picture, whether made or produced
by electronic, mechanical, or other means;
``(2) the term `sexually explicit conduct' has the meaning
given the term in section 229(2)(A) or 229(2)(B); and
``(3) the term `graphic', when used with respect to a
depiction of sexually explicit conduct, means that a viewer can
observe any part of the genitals or pubic area of any depicted
person or animal during any part of the time that the sexually
explicit conduct is being depicted.
``Sec. 1446. Presumptions
``(a) Interstate Commerce.--In any prosecution under this subchapter
in which an element of the offense is that the matter in question was
transported, shipped, or carried in interstate commerce, proof, by
either circumstantial or direct evidence, that such matter was produced
or manufactured in one State and is subsequently located in another
State shall raise a rebuttable presumption that such matter was
transported, shipped, or carried in interstate commerce.
``(b) Foreign Commerce.--In any prosecution under this subchapter in
which an element of the offense is that the matter in question was
transported, shipped, or carried in foreign commerce, proof, by either
circumstantial or direct evidence, that such matter was produced or
manufactured outside of the United States and is subsequently located
in the United States shall raise a rebuttable presumption that such
matter was transported, shipped, or carried in foreign commerce.
``Sec. 1447. Transfer of obscene material to minors
``Whoever, using the mail or any facility or means of interstate or
foreign commerce, knowingly transfers obscene matter to another
individual who has not attained the age of 16 years, knowing that such
other individual has not attained the age of 16 years, or attempts to
do so, shall be imprisoned not more than 10 years.
``SUBCHAPTER G--MONEY LAUNDERING
``Sec.
``1451. Laundering of monetary instruments.
``1452. Engaging in monetary transactions in property derived from
specified unlawful activity.
``1453. Structuring transactions to evade reporting requirement
prohibited.
``1454. Bulk cash smuggling into or out of the United States.
``Sec. 1451. Laundering of monetary instruments
``(a) Offenses.--(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 imprisoned for not more than 20 years. 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 1452, 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; 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) Definitions.--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' means--
``(A) any financial institution, as defined in
section 5312(a)(2) of title 31, or regulations under
such section; or
``(B) any foreign bank, as defined in section 1 of
the International Banking Act of 1978 (12 U.S.C. 3101);
and
``(7) the term `specified unlawful activity' means--
``(A) any act or activity constituting an offense
listed in section 511(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;
``(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); or
``(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 exploration or
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
413;
``(D) an offense under section 1301 (relating to the
destruction of aircraft), section 1306 (relating to
violence at international airports), section 102
(relating murder), section 871 (relating to concealment
of assets; false oaths and claims; bribery), section
624 (relating to the variola virus), section 1003
(relating to commissions or gifts for procuring loans),
section 102(7) (relating to congressional or Cabinet
officer assassination), any of sections 711 through 712
(relating to certain counterfeiting offenses), section
718 (relating to securities of States and private
entities), section 861 (relating to goods falsely
classified), section 862 relating to entry of goods by
means of false statements), section 863 (relating to
smuggling goods into the United States), section 865
(relating to removing goods from Customs custody),
section 867 (relating to smuggling goods from the
United States), section 641 (relating to public money,
property, or records), section 644 (relating to theft,
embezzlement, or misapplication by bank officer or
employee), section 645 (relating to lending, credit,
and insurance institutions), section 646 (relating to
property mortgaged or pledged to farm credit agencies),
section 654 (relating to theft or bribery concerning
programs receiving Federal funds), section 301, 302, or
303 (relating to espionage), section 601 (relating to
prohibited transactions involving nuclear materials),
section 614 (f) or (i) (relating to destruction by
explosives or fire of Government property or property
affecting interstate or foreign commerce), section 144
(relating to interstate communications), section 582(1)
(relating to the unlawful importation of firearms),
section 584(n) (relating to firearms trafficking),
section 955 (relating to conspiracy to kill, kidnap,
maim, or injure certain property in a foreign country),
section 773 (relating to fraudulent bank entries),
section 774 (relating to fraudulent Federal credit
institution entries), section 775 (relating to Federal
Deposit Insurance transactions), section 779 (relating
to fraudulent loan or credit applications), section 787
(relating to computer fraud and abuse), section 789
(relating to concealment of assets from conservator,
receiver, or liquidating agent of financial
institution), section 121 (relating to kidnaping),
section 123 (relating to hostage taking), section 1201
(relating to Government property or contract), section
1203 (relating to destruction of property within the
special maritime and territorial jurisdiction), section
847 (theft from the mail), section 143 (relating to
bank robbery), section 1351 (relating to violence
against maritime navigation), section 676 (relating to
copyright infringement), section 680 (relating to
trafficking in counterfeit goods and services), section
271 (relating to use of weapons of mass destruction),
section 273 (relating to international terrorist acts
transcending national boundaries), section 274
(relating to missile systems designed to destroy
aircraft), section 275 (relating to radiological
dispersal devices), section 278 or 279 (relating to
providing material support to terrorists) section 280
(relating to prohibitions against the financing of
terrorism), or section 281 (relating to receiving
military-type training from a foreign terrorist) of
this title, section 46502 of title 49, 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 violations and
enforcement) 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.
``(d) Nonexclusivity.--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) Investigative Authority.--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) Extraterriotorial Jurisdiction.--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 1452 or 508, 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) Venue.--(1) Except as provided in paragraph (2), a prosecution
for an offense under this section or section 1452 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. 1452. Engaging in monetary transactions in property derived from
specified unlawful activity
``(a) Elements of Offense.--Whoever, as made applicable by subsection
(d), knowingly engages or attempts to engage in a monetary transaction
in criminally derived property of a value greater than $10,000 and is
derived from specified unlawful activity, shall be punished as provided
in subsection (b).
``(b) Punishment.--(1) Except as provided in paragraph (2), the
punishment for an offense under this section is imprisonment for not
more than ten years.
``(2) The court may impose an alternate fine to that imposable under
paragraph (1) of not more than twice the amount of the criminally
derived property involved in the transaction.
``(c) Proof.--In a prosecution for an offense under this section, the
Government is not required to prove the defendant knew that the offense
from which the criminally derived property was derived was specified
unlawful activity.
``(d) Applicability.--Subsection (a) applies if--
``(1) that the offense under this section takes place in the
United States or in the special maritime and territorial
jurisdiction of the United States; or
``(2) that the offense under this section takes place outside
the United States and such special jurisdiction, but the
defendant is a United States person (as defined in section 3077
of this title, but excluding the class described in paragraph
(2)(D) of such section).
``(e) Investigative Authority.--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.
``(f) Definitions.--As used in this section--
``(1) the term `monetary transaction' means the deposit,
withdrawal, transfer, or exchange, in or affecting interstate
or foreign commerce, of funds or a monetary instrument (as
defined in section 1451(c)(5) of this title) by, through, or to
a financial institution (as defined in section 1451 of this
title), including any transaction that would be a financial
transaction under section 1451(c)(4)(B) of this title, but such
term does not include any transaction necessary to preserve a
person's right to representation as guaranteed by the sixth
amendment to the Constitution;
``(2) the term `criminally derived property' means any
property constituting, or derived from, proceeds obtained from
a criminal offense; and
``(3) the term `specified unlawful activity' has the meaning
given that term in section 1451 of this title.
``Sec. 1453. Structuring transactions to evade reporting requirement
prohibited
``(a) Domestic Coin and Currency Transactions Involving Financial
Institutions.--No person shall, for the purpose of evading the
reporting requirements of section 5313(a) or 5325 of title 31 or any
regulation prescribed under any such section, the reporting or
recordkeeping requirements imposed by any order issued under section
5326 of that title, or the recordkeeping requirements imposed by any
regulation prescribed under section 21 of the Federal Deposit Insurance
Act or section 123 of Public Law 91-508--
``(1) cause or attempt to cause a domestic financial
institution to fail to file a report required under section
5313(a) or 5325 of title 31 or any regulation prescribed under
any such section, to file a report or to maintain a record
required by an order issued under section 5326 of title 31, or
to maintain a record required pursuant to any regulation
prescribed under section 21 of the Federal Deposit Insurance
Act or section 123 of Public Law 91-508;
``(2) cause or attempt to cause a domestic financial
institution to file a report required under section 5313(a) or
5325 of title 31 or any regulation prescribed under any such
section, to file a report or to maintain a record required by
any order issued under section 5326 of title 31, or to maintain
a record required pursuant to any regulation prescribed under
section 5326 of title 31, or to maintain a record required
pursuant to any regulation prescribed under section 21 of the
Federal Deposit Insurance Act or section 123 of Public Law 91-
508, that contains a material omission or misstatement of fact;
or
``(3) structure or assist in structuring, or attempt to
structure or assist in structuring, any transaction with one or
more domestic financial institutions.
``(b) Domestic Coin and Currency Transactions Involving Nonfinancial
Trades or Businesses.--No person shall, for the purpose of evading the
report requirements of section 5331 of title 31 or any regulation
prescribed under such section--
``(1) cause or attempt to cause a nonfinancial trade or
business to fail to file a report required under section 5331
of title 31 or any regulation prescribed under such section;
``(2) cause or attempt to cause a nonfinancial trade or
business to file a report required under section 5331 of title
31 or any regulation prescribed under such section that
contains a material omission or misstatement of fact; or
``(3) structure or assist in structuring, or attempt to
structure or assist in structuring, any transaction with 1 or
more nonfinancial trades or businesses.
``(c) International Monetary Instrument Transactions.--No person
shall, for the purpose of evading the reporting requirements of section
5316 of title 31--
``(1) fail to file a report required by section 5316 of title
31, or cause or attempt to cause a person to fail to file such
a report;
``(2) file or cause or attempt to cause a person to file a
report required under section 5316 of title 31 that contains a
material omission or misstatement of fact; or
``(3) structure or assist in structuring, or attempt to
structure or assist in structuring, any importation or
exportation of monetary instruments.
``(d) Criminal Penalty.--
``(1) In general.--Whoever violates this section shall be
imprisoned for not more than 5 years.
``(2) Enhanced penalty for aggravated cases.--Whoever
violates this section while violating another law of the United
States or as part of a pattern of any illegal activity
involving more than $100,000 in a 12-month period shall be
imprisoned for not more than 10 years.
``Sec. 1454. Bulk cash smuggling into or out of the United States
``(a) Criminal Offense.--
``(1) In general.--Whoever, with the intent to evade a
currency reporting requirement under section 5316 of title 31,
knowingly conceals more than $10,000 in currency or other
monetary instruments on the person of such individual or in any
conveyance, article of luggage, merchandise, or other
container, and transports or transfers or attempts to transport
or transfer such currency or monetary instruments from a place
within the United States to a place outside of the United
States, or from a place outside the United States to a place
within the United States, shall be guilty of a currency
smuggling offense and subject to punishment pursuant to
subsection (b).
``(2) Concealment on person.--For purposes of this section,
the concealment of currency on the person of any individual
includes concealment in any article of clothing worn by the
individual or in any luggage, backpack, or other container worn
or carried by such individual.
``(b) Penalty.--
``(1) Term of imprisonment.--A person convicted of a currency
smuggling offense under subsection (a), or a conspiracy to
commit such offense, shall be imprisoned for not more than 5
years.
``(2) Forfeiture.--In addition, the court, in imposing
sentence under paragraph (1), shall order that the defendant
forfeit to the United States, any property, real or personal,
involved in the offense, and any property traceable to such
property, subject to subsection (c) of this section.
``(3) Procedure.--The seizure, restraint, and forfeiture of
property under this section shall be governed by section 413 of
the Controlled Substances Act.
``(4) Personal money judgment.--If the property subject to
forfeiture under paragraph (2) is unavailable, and the
defendant has insufficient substitute property that may be
forfeited under section 2561, the court shall enter a personal
money judgment against the defendant for the amount that would
be subject to forfeiture.
``(c) Civil Forfeiture.--
``(1) In general.--Any property involved in a violation of
subsection (a), or a conspiracy to commit such violation, and
any property traceable to such violation or conspiracy, may be
seized and forfeited to the United States.
``(2) Treatment of certain property as involved in the
offense.--For purposes of this subsection and subsection (b),
any currency or other monetary instrument that is concealed or
intended to be concealed in violation of subsection (a), any
article, container, or conveyance used, or intended to be used,
to conceal or transport the currency or other monetary
instrument, and any other property used, or intended to be
used, to facilitate the offense, shall be considered property
involved in the offense.
``CHAPTER 37--PRIVACY
``Subchapter
Sec.
``A. Privacy...................................................... 1481
``B. Wire and electronic communications interception and
interception of oral communications............................... 1491
``C. Stored wire and electronic communications and transactional
records access.................................................... 1521
``D. Prohibition on release and use of certain personal
information from State motor vehicle records...................... 1541
``E. Identity theft............................................... 1551
``SUBCHAPTER A--PRIVACY
``Sec.
``1481. Video voyeurism.
``Sec. 1481. Video voyeurism
``(a) Offense.--Whoever, in the special maritime and territorial
jurisdiction of the United States, has the intent to capture an image
of a private area of an individual without their consent, and knowingly
does so under circumstances in which the individual has a reasonable
expectation of privacy, shall be imprisoned not more than one year.
``(b) Definitions for Section.--As used in this section--
``(1) the term `capture', with respect to an image, means to
videotape, photograph, film, record by any means, or broadcast;
``(2) the term `broadcast' means to electronically transmit a
visual image with the intent that it be viewed by a person or
persons;
``(3) the term `a private area of the individual' means the
naked or undergarment clad genitals, pubic area, buttocks, or
female breast of that individual;
``(4) the term `female breast' means any portion of the
female breast below the top of the areola; and
``(5) the term `under circumstances in which that individual
has a reasonable expectation of privacy' means--
``(A) circumstances in which a reasonable person
would believe that he or she could disrobe in privacy,
without being concerned that an image of a private area
of the individual was being captured; or
``(B) circumstances in which a reasonable person
would believe that a private area of the individual
would not be visible to the public, regardless of
whether that person is in a public or private place.
``(c) Exclusion.--This section does not prohibit any lawful law
enforcement, correctional, or intelligence activity.
``SUBCHAPTER B--WIRE AND ELECTRONIC COMMUNICATIONS INTERCEPTION AND
INTERCEPTION OF ORAL COMMUNICATIONS
``Sec.
``1491. Definitions.
``1492. Interception and disclosure of wire, oral, or electronic
communications prohibited.
``1493. Manufacture, distribution, possession, and advertising of wire,
oral, or electronic communication intercepting devices
prohibited.
``1494. Confiscation of wire, oral, or electronic communication
intercepting devices.
``Sec. 1491. Definitions
``As used in this subchapter--
``(1) the term `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) the term `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) the term `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;
``(4) the term `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;
``(5) the term `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;
``(6) the term `contents', when used with respect to any
wire, oral, or electronic communication, includes any
information concerning the substance, purport, or meaning of
that communication;
``(7) the term `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;
``(8) the term `communication common carrier' has the meaning
given that term in section 3 of the Communications Act of 1934;
``(9) the term `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;
``(10) the term `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;
``(11) the term `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;
``(12) the term `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;
``(13) the term `electronic communication service' means any
service which provides to users thereof the ability to send or
receive wire or electronic communications;
``(14) the term `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;
``(15) the term `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;
``(16) the term `aural transfer' means a transfer containing
the human voice at any point between and including the point of
origin and the point of reception;
``(17) the term `foreign intelligence information', for
purposes of section 3119B(f), 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;
``(18) the term `protected computer' has the meaning set
forth in section 1030; and
``(19) the term `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.
``Sec. 1492. Interception and disclosure of wire, oral, or electronic
communications prohibited
``(a) Offense.--Except as otherwise specifically provided in this
subchapter whoever--
``(1) intentionally intercepts, endeavors to intercept, or
procures any other person to intercept or endeavor to
intercept, any wire, oral, or electronic communication;
``(2) intentionally uses, endeavors to use, or procures any
other person to use or endeavor to use any electronic,
mechanical, or other device to intercept any oral communication
when--
``(A) such device is affixed to, or otherwise
transmits a signal through, a wire, cable, or other
like connection used in wire communication;
``(B) such device transmits communications by radio,
or interferes with the transmission of such
communication;
``(C) such person knows, or has reason to know, that
such device or any component thereof has been sent
through the mail or transported in interstate or
foreign commerce;
``(D) such use or endeavor to use (i) takes place on
the premises of any business or other commercial
establishment the operations of which affect interstate
or foreign commerce; or (ii) obtains or is for the
purpose of obtaining information relating to the
operations of any business or other commercial
establishment the operations of which affect interstate
or foreign commerce; or
``(E) such person acts in the District of Columbia,
the Commonwealth of Puerto Rico, or any territory or
possession of the United States;
``(3) intentionally discloses, or endeavors to disclose, to
any other person the contents of any wire, oral, or electronic
communication, knowing or having reason to know that the
information was obtained through the interception of a wire,
oral, or electronic communication in violation of this
subsection;
``(4) intentionally uses, or endeavors to use, the contents
of any wire, oral, or electronic communication, knowing or
having reason to know that the information was obtained through
the interception of a wire, oral, or electronic communication
in violation of this subsection; or
``(5)(A) intentionally discloses, or endeavors to disclose,
to any other person the contents of any wire, oral, or
electronic communication, intercepted by means authorized by
sections 1492(b)(1)(B), 1492(b)(2)-(3), 1492(b)(5), 3119A, and
3119C8;
``(B) knowing or having reason to know that the information
was obtained through the interception of such a communication
in connection with a criminal investigation;
``(C) having obtained or received the information in
connection with a criminal investigation; and
``(D) with intent to improperly obstruct, impede, or
interfere with a duly authorized criminal investigation,
shall be punished as provided in subsection (d) or shall be subject to
suit as provided in subsection (5).
``(b) Exclusions.--(1)(A) It shall not be unlawful under this
subchapter for an operator of a switchboard, or an officer, employee,
or agent of a provider of wire or electronic communication service,
whose facilities are used in the transmission of a wire or electronic
communication, to intercept, disclose, or use that communication in the
normal course of his employment while engaged in any activity which is
a necessary incident to the rendition of his service or to the
protection of the rights or property of the provider of that service,
except that a provider of wire communication service to the public
shall not utilize service observing or random monitoring except for
mechanical or service quality control checks.
``(B) Notwithstanding any other law, providers of wire or electronic
communication service, their officers, employees, and agents,
landlords, custodians, or other persons, are authorized to provide
information, facilities, or technical assistance to persons authorized
by law to intercept wire, oral, or electronic communications or to
conduct electronic surveillance, as defined in section 101 of the
Foreign Intelligence Surveillance Act of 1978, if such provider, its
officers, employees, or agents, landlord, custodian, or other specified
person, has been provided with--
``(i) a court order directing such assistance or a court
order pursuant to section 704 of the Foreign Intelligence
Surveillance Act of 1978 signed by the authorizing judge, or
``(ii) a certification in writing by a person specified in
section 2518(7) of this title or the Attorney General of the
United States that no warrant or court order is required by
law, that all statutory requirements have been met, and that
the specified assistance is required,
setting forth the period of time during which the provision of the
information, facilities, or technical assistance is authorized and
specifying the information, facilities, or technical assistance
required. No provider of wire or electronic communication service,
officer, employee, or agent thereof, or landlord, custodian, or other
specified person shall disclose the existence of any interception or
surveillance or the device used to accomplish the interception or
surveillance with respect to which the person has been furnished a
court order or certification under this subchapter, except as may
otherwise be required by legal process and then only after prior
notification to the Attorney General or to the principal prosecuting
attorney of a State or any political subdivision of a State, as may be
appropriate. Any such disclosure, shall render such person liable for
the civil damages provided for in section 2520. No cause of action
shall lie in any court against any provider of wire or electronic
communication service, its officers, employees, or agents, landlord,
custodian, or other specified person for providing information,
facilities, or assistance in accordance with the terms of a court
order, statutory authorization, or certification under this subchapter.
``(C) If a certification under subparagraph (B)(ii) for assistance to
obtain foreign intelligence information is based on statutory
authority, the certification shall identify the specific statory
provision and shall certify that the statutory requirements have been
met.
``(2) It shall not be unlawful under this subchapter for an officer,
employee, or agent of the Federal Communications Commission, in the
normal course of his employment and in discharge of the monitoring
responsibilities exercised by the Commission in the enforcement of
chapter 5 of title 47 of the United States Code, to intercept a wire or
electronic communication, or oral communication transmitted by radio,
or to disclose or use the information thereby obtained.
``(3) It shall not be unlawful under this subchapter for a person
acting under color of law to intercept a wire, oral, or electronic
communication, where such person is a party to the communication or one
of the parties to the communication has given prior consent to such
interception.
``(4) It shall not be unlawful under this subchapter for a person not
acting under color of law to intercept a wire, oral, or electronic
communication where such person is a party to the communication or
where one of the parties to the communication has given prior consent
to such interception unless such communication is intercepted for the
purpose of committing any criminal or tortious act in violation of the
Constitution or laws of the United States or of any State.
``(5) Notwithstanding any other provision of this title or section
705 or 706 of the Communications Act of 1934, it shall not be unlawful
for an officer, employee, or agent of the United States in the normal
course of his official duty to conduct electronic surveillance, as
defined in section 101 of the Foreign Intelligence Surveillance Act of
1978, as authorized by that Act.
``(6) Nothing contained in this subchapter or subchapter C, chapter
206B, or section 705 of the Communications Act of 1934, shall be deemed
to affect the acquisition by the United States Government of foreign
intelligence information from international or foreign communications,
or foreign intelligence activities conducted in accordance with
otherwise applicable Federal law involving a foreign electronic
communications system, utilizing a means other than electronic
surveillance as defined in section 101 of the Foreign Intelligence
Surveillance Act of 1978, and procedures in this subchapter or
subchapter C, chapter 206B of this title, or section 705 of the
Communications Act of 1934 and the Foreign Intelligence Surveillance
Act of 1978 shall be the exclusive means by which electronic
surveillance, as defined in section 101 of such Act, and the
interception of domestic wire, oral, and electronic communications may
be conducted.
``(7) It shall not be unlawful under this subchapter or subchapter C
for any person--
``(A) to intercept or access an electronic communication made
through an electronic communication system that is configured
so that such electronic communication is readily accessible to
the general public;
``(B) to intercept any radio communication which is
transmitted--
``(i) by any station for the use of the general
public, or that relates to ships, aircraft, vehicles,
or persons in distress;
``(ii) by any governmental, law enforcement, civil
defense, private land mobile, or public safety
communications system, including police and fire,
readily accessible to the general public;
``(iii) by a station operating on an authorized
frequency within the bands allocated to the amateur,
citizens band, or general mobile radio services; or
``(iv) by any marine or aeronautical communications
system;
``(C) to engage in any conduct which--
``(i) is prohibited by section 633 of the
Communications Act of 1934; or
``(ii) is excepted from the application of section
705(a) of the Communications Act of 1934 by section
705(b) of that Act;
``(iii) to intercept any wire or electronic
communication the transmission of which is causing
harmful interference to any lawfully operating station
or consumer electronic equipment, to the extent
necessary to identify the source of such interference;
or
``(iv) for other users of the same frequency to
intercept any radio communication made through a system
that utilizes frequencies monitored by individuals
engaged in the provision or the use of such system, if
such communication is not scrambled or encrypted.
``(8) It shall not be unlawful under this subchapter--
``(A) to use a pen register or a trap and trace device (as
those terms are defined for the purposes of chapter 206
(relating to pen registers and trap and trace devices) of this
title); or
``(B) for a provider of electronic communication service to
record the fact that a wire or electronic communication was
initiated or completed in order to protect such provider,
another provider furnishing service toward the completion of
the wire or electronic communication, or a user of that
service, from fraudulent, unlawful or abusive use of such
service.
``(9) It shall not be unlawful under this subchapter for a person
acting under color of law to intercept the wire or electronic
communications of a computer trespasser transmitted to, through, or
from the protected computer, if--
``(A) the owner or operator of the protected computer
authorizes the interception of the computer trespasser's
communications on the protected computer;
``(B) the person acting under color of law is lawfully
engaged in an investigation;
``(C) the person acting under color of law has reasonable
grounds to believe that the contents of the computer
trespasser's communications will be relevant to the
investigation; and
``(D) such interception does not acquire communications other
than those transmitted to or from the computer trespasser.
``(c) Contents in Transmission.--(1) Except as provided in paragraph
(b) of this subsection, a person or entity providing an electronic
communication service to the public shall not intentionally divulge the
contents of any communication (other than one to such person or entity,
or an agent thereof) while in transmission on that service to any
person or entity other than an addressee or intended recipient of such
communication or an agent of such addressee or intended recipient.
``(2) A person or entity providing electronic communication service
to the public may divulge the contents of any such communication--
``(A) as otherwise authorized in section 2511(2)(a) or 2517
of this title;
``(B) with the lawful consent of the originator or any
addressee or intended recipient of such communication;
``(C) to a person employed or authorized, or whose facilities
are used, to forward such communication to its destination; or
``(D) which were inadvertently obtained by the service
provider and which appear to pertain to the commission of a
crime, if such divulgence is made to a law enforcement agency.
``(d) Punishment.--(1) Except as provided in paragraph (b) of this
subsection or in subsection (5), whoever violates subsection (1) of
this section shall be imprisoned not more than five years.
``(2) Conduct otherwise an offense under this subsection that
consists of or relates to the interception of a satellite transmission
that is not encrypted or scrambled and that is transmitted--
``(A) to a broadcasting station for purposes of
retransmission to the general public; or
``(B) as an audio subcarrier intended for redistribution to
facilities open to the public, but not including data
transmissions or telephone calls,
is not an offense under this subsection unless the conduct is for the
purposes of direct or indirect commercial advantage or private
financial gain.
``(e) Certain Communications.--(1)(A) If the communication is--
``(i) a private satellite video communication that is
not scrambled or encrypted and the conduct in violation
of this subchapter is the private viewing of that
communication and is not for a tortious or illegal
purpose or for purposes of direct or indirect
commercial advantage or private commercial gain; or
``(ii) a radio communication that is transmitted on
frequencies allocated under subpart D of part 74 of the
rules of the Federal Communications Commission that is
not scrambled or encrypted and the conduct in violation
of this subchapter is not for a tortious or illegal
purpose or for purposes of direct or indirect
commercial advantage or private commercial gain,
then the person who engages in such conduct shall be subject to suit by
the Federal Government in a court of competent jurisdiction.
``(B) In an action under this subsection--
``(i) if the violation of this subchapter is a first offense
for the person under paragraph (a) of subsection (4) and such
person has not been found liable in a civil action under
section 2520 of this title, the Federal Government shall be
entitled to appropriate injunctive relief; and
``(ii) if the violation of this subchapter is a second or
subsequent offense under paragraph (a) of subsection (4) or
such person has been found liable in any prior civil action
under section 2520, the person shall be subject to a mandatory
$500 civil fine.
``(2) The court may use any means within its authority to enforce an
injunction issued under paragraph (ii)(A), and shall impose a civil
fine of not less than $500 for each violation of such an injunction.
``Sec. 1493. Manufacture, distribution, possession, and advertising of
wire, oral, or electronic communication
intercepting devices prohibited
``(a) Offense.--Except as otherwise specifically provided in this
subchapter, whoever intentionally--
``(1) sends through the mail, or sends or carries in
interstate or foreign commerce, any electronic, mechanical, or
other device, knowing or having reason to know that the design
of such device renders it primarily useful for the purpose of
the surreptitious interception of wire, oral, or electronic
communications;
``(2) manufactures, assembles, possesses, or sells any
electronic, mechanical, or other device, knowing or having
reason to know that the design of such device renders it
primarily useful for the purpose of the surreptitious
interception of wire, oral, or electronic communications, and
that such device or any component thereof has been or will be
sent through the mail or transported in interstate or foreign
commerce; or
``(3) places in any newspaper, magazine, handbill, or other
publication or disseminates by electronic means any
advertisement of--
``(A) any electronic, mechanical, or other device
knowing or having reason to know that the design of
such device renders it primarily useful for the purpose
of the surreptitious interception of wire, oral, or
electronic communications; or
``(B) any other electronic, mechanical, or other
device, where such advertisement promotes the use of
such device for the purpose of the surreptitious
interception of wire, oral, or electronic
communications,
knowing the content of the advertisement and knowing or having
reason to know that such advertisement will be sent through the
mail or transported in interstate or foreign commerce,
shall be imprisoned not more than five years.
``(b) Exclusion.--It shall not be unlawful under this section for--
``(1) a provider of wire or electronic communication service
or an officer, agent, or employee of, or a person under
contract with, such a provider, in the normal course of the
business of providing that wire or electronic communication
service, or
``(2) an officer, agent, or employee of, or a person under
contract with, the United States, a State, or a political
subdivision thereof, in the normal course of the activities of
the United States, a State, or a political subdivision thereof,
to send through the mail, send or carry in interstate or foreign
commerce, or manufacture, assemble, possess, or sell any electronic,
mechanical, or other device knowing or having reason to know that the
design of such device renders it primarily useful for the purpose of
the surreptitious interception of wire, oral, or electronic
communications.
``(c) Additional Exclusion.--It shall not be unlawful under this
section to advertise for sale a device described in subsection (a) of
this section if the advertisement is mailed, sent, or carried in
interstate or foreign commerce solely to a domestic provider of wire or
electronic communication service or to an agency of the United States,
a State, or a political subdivision thereof which is duly authorized to
use such device.
``Sec. 1494. Confiscation of wire, oral, or electronic communication
intercepting devices
``Any electronic, mechanical, or other device used, sent, carried,
manufactured, assembled, possessed, sold, or advertised in violation of
section 1492 or section 1493 may be seized and forfeited to the United
States. All provisions of law relating to (1) the seizure, summary and
judicial forfeiture, and condemnation of vessels, vehicles,
merchandise, and baggage for violations of the customs laws contained
in title 19 of the United States Code, (2) the disposition of such
vessels, vehicles, merchandise, and baggage or the proceeds from the
sale thereof, (3) the remission or mitigation of such forfeiture, (4)
the compromise of claims, and (5) 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 the provisions of this section; except that such duties as are
imposed upon the collector of customs or any other person with respect
to the seizure and forfeiture of vessels, vehicles, merchandise, and
baggage under the provisions of the customs laws contained in title 19
of the United States Code shall be performed with respect to seizure
and forfeiture of electronic, mechanical, or other intercepting devices
under this section by such officers, agents, or other persons as may be
authorized or designated for that purpose by the Attorney General.
``SUBCHAPTER C--STORED WIRE AND ELECTRONIC COMMUNICATIONS AND
TRANSACTIONAL RECORDS ACCESS
``Sec.
``1521. Unlawful access to stored communications.
``Sec. 1521. Unlawful access to stored communications
``(a) Offense.--Except as provided in subsection (c) of this section
whoever--
``(1) intentionally accesses without authorization a facility
through which an electronic communication service is provided;
or
``(2) intentionally exceeds an authorization to access that
facility;
and thereby obtains, alters, or prevents authorized access to a wire or
electronic communication while it is in electronic storage in such
system shall be punished as provided in subsection (b) of this section.
``(b) Punishment.--The punishment for an offense under subsection (a)
of this section is--
``(1) if the offense is committed for purposes of commercial
advantage, malicious destruction or damage, or private
commercial gain, or in furtherance of any criminal or tortious
act in violation of the Constitution or laws of the United
States or any State--
``(A) a fine under this title or imprisonment for not
more than 5 years, or both, in the case of a first
offense under this subparagraph; and
``(B) a fine under this title or imprisonment for not
more than 10 years, or both, for any subsequent offense
under this subparagraph; and
``(2) in any other case--
``(A) a fine under this title or imprisonment for not
more than 1 year or both, in the case of a first
offense under this paragraph; and
``(B) a fine under this title or imprisonment for not
more than 5 years, or both, in the case of an offense
under this subparagraph that occurs after a conviction
of another offense under this section.
``(c) Exceptions.--Subsection (a) of this section does not apply with
respect to conduct authorized--
``(1) by the person or entity providing a wire or electronic
communications service;
``(2) by a user of that service with respect to a
communication of or intended for that user; or
``(3) in section 3120A, 3120B, or 3119C.
``Sec. 1522. Definitions
``A term that is defined by chapter 206B has the same meaning when
used in this subchapter.
``SUBCHAPTER D--PROHIBITION ON RELEASE AND USE OF CERTAIN PERSONAL
INFORMATION FROM STATE MOTOR VEHICLE RECORDS
``Sec.
``1541. Prohibition on release and use of certain personal information
from State motor vehicle records.
``1542. Additional unlawful acts.
``1543. Penalties.
``1544. Civil action.
``1545. Definitions.
``Sec. 1541. Prohibition on release and use of certain personal
information from State motor vehicle records
``(a) In General.--A State department of motor vehicles, and any
officer, employee, or contractor thereof, shall not knowingly disclose
or otherwise make available to any person or entity--
``(1) personal information about any individual obtained by
the department in connection with a motor vehicle record,
except as provided in subsection (b) of this section; or
``(2) highly restricted personal information about any
individual obtained by the department in connection with a
motor vehicle record, without the express consent of the person
to whom such information applies, except uses permitted in
subsections (b)(1), (b)(4), (b)(6), and (b)(9), but this
paragraph does not in any way affect the use of organ donation
information on an individual's driver's license or affect the
administration of organ donation initiatives in the States.
``(b) Permissible Uses.--Personal information referred to in
subsection (a) shall be disclosed for use in connection with matters of
motor vehicle or driver safety and theft, motor vehicle emissions,
motor vehicle product alterations, recalls, or advisories, performance
monitoring of motor vehicles and dealers by motor vehicle
manufacturers, and removal of non-owner records from the original owner
records of motor vehicle manufacturers to carry out the purposes of
titles I and IV of the Anti Car Theft Act of 1992, the Automobile
Information Disclosure Act (15 U.S.C. 1231 et seq.), the Clean Air Act
(42 U.S.C. 7401 et seq.), and chapters 301, 305, and 321-331 of title
49, and, subject to subsection (a)(2), may be disclosed as follows:
``(1) For use by any government agency, including any court
or law enforcement agency, in carrying out its functions, or
any private person or entity acting on behalf of a Federal,
State, or local agency in carrying out its functions.
``(2) For use in connection with matters of motor vehicle or
driver safety and theft; motor vehicle emissions; motor vehicle
product alterations, recalls, or advisories; performance
monitoring of motor vehicles, motor vehicle parts and dealers;
motor vehicle market research activities, including survey
research; and removal of non-owner records from the original
owner records of motor vehicle manufacturers.
``(3) For use in the normal course of business by a
legitimate business or its agents, employees, or contractors,
but only--
``(A) to verify the accuracy of personal information
submitted by the individual to the business or its
agents, employees, or contractors; and
``(B) if such information as so submitted is not
correct or is no longer correct, to obtain the correct
information, but only for the purposes of preventing
fraud by, pursuing legal remedies against, or
recovering on a debt or security interest against, the
individual.
``(4) For use in connection with any civil, criminal,
administrative, or arbitral proceeding in any Federal, State,
or local court or agency or before any self-regulatory body,
including the service of process, investigation in anticipation
of litigation, and the execution or enforcement of judgments
and orders, or pursuant to an order of a Federal, State, or
local court.
``(5) For use in research activities, and for use in
producing statistical reports, so long as the personal
information is not published, redisclosed, or used to contact
individuals.
``(6) For use by any insurer or insurance support
organization, or by a self-insured entity, or its agents,
employees, or contractors, in connection with claims
investigation activities, antifraud activities, rating or
underwriting.
``(7) For use in providing notice to the owners of towed or
impounded vehicles.
``(8) For use by any licensed private investigative agency or
licensed security service for any purpose permitted under this
subsection.
``(9) For use by an employer or its agent or insurer to
obtain or verify information relating to a holder of a
commercial driver's license that is required under chapter 313
of title 49.
``(10) For use in connection with the operation of private
toll transportation facilities.
``(11) For any other use in response to requests for
individual motor vehicle records if the State has obtained the
express consent of the person to whom such personal information
pertains.
``(12) For bulk distribution for surveys, marketing or
solicitations if the State has obtained the express consent of
the person to whom such personal information pertains.
``(13) For use by any requester, if the requester
demonstrates it has obtained the written consent of the
individual to whom the information pertains.
``(14) For any other use specifically authorized under the
law of the State that holds the record, if such use is related
to the operation of a motor vehicle or public safety.
``(c) Resale or Redisclosure.--An authorized recipient of personal
information (except a recipient under subsection (b)(11) or (12)) may
resell or redisclose the information only for a use permitted under
subsection (b) (but not for uses under subsection (b)(11) or (12)). An
authorized recipient under subsection (b)(11) may resell or redisclose
personal information for any purpose. An authorized recipient under
subsection (b)(12) may resell or redisclose personal information
pursuant to subsection (b)(12). Any authorized recipient (except a
recipient under subsection (b)(11)) that resells or rediscloses
personal information covered by this chapter must keep for a period of
5 years records identifying each person or entity that receives
information and the permitted purpose for which the information will be
used and must make such records available to the motor vehicle
department upon request.
``(d) Waiver Procedures.--A State motor vehicle department may
establish and carry out procedures under which the department or its
agents, upon receiving a request for personal information that does not
fall within one of the exceptions in subsection (b), may mail a copy of
the request to the individual about whom the information was requested,
informing such individual of the request, together with a statement to
the effect that the information will not be released unless the
individual waives such individual's right to privacy under this
section.
``(e) Prohibition on Conditions.--No State may condition or burden in
any way the issuance of an individual's motor vehicle record to obtain
express consent. Nothing in this paragraph shall be construed to
prohibit a State from charging an administrative fee for issuance of a
motor vehicle record.
``Sec. 1542. Additional unlawful acts
``(a) Procurement for Unlawful Purpose.--It shall be unlawful for any
person knowingly to obtain or disclose personal information, from a
motor vehicle record, for any use not permitted under section 1541(b)
of this title.
``(b) False Representation.--It shall be unlawful for any person to
make false representation to obtain any personal information from an
individual's motor vehicle record.
``Sec. 1543. Penalties
``(a) Criminal Fine.--Whoever knowingly violates this subchapter
shall be fined under this title.
``(b) Violations by State Department of Motor Vehicles.--Any State
department of motor vehicles that has a policy or practice of
substantial noncompliance with this chapter shall be subject to a civil
penalty imposed by the Attorney General of not more than $5,000 a day
for each day of substantial noncompliance.
``Sec. 1544. Civil action
``(a) Cause of Action.--A person who knowingly obtains, discloses or
uses personal information, from a motor vehicle record, for a purpose
not permitted under this chapter shall be liable to the individual to
whom the information pertains, who may bring a civil action in a United
States district court.
``(b) Remedies.--The court may award--
``(1) actual damages, but not less than liquidated damages in
the amount of $2,500;
``(2) punitive damages upon proof of willful or reckless
disregard of the law;
``(3) reasonable attorneys' fees and other litigation costs
reasonably incurred; and
``(4) such other preliminary and equitable relief as the
court determines to be appropriate.
``Sec. 1545. Definitions
``As used in this subchapter--
``(1) the term `motor vehicle record' means any record that
pertains to a motor vehicle operator's permit, motor vehicle
title, motor vehicle registration, or identification card
issued by a department of motor vehicles;
``(2) the term `personal information' means information that
identifies an individual, including an individual's photograph,
social security number, driver identification number, name,
address (but not the 5-digit zip code), telephone number, and
medical or disability information, but does not include
information on vehicular accidents, driving violations, and
driver's status;
``(3) the term `highly restricted personal information' means
an individual's photograph or image, social security number,
medical or disability information; and
``(4) the term `express consent' means consent in writing,
including consent conveyed electronically that bears an
electronic signature as defined in section 106(5) of Public Law
106-229.
``SUBCHAPTER E--IDENTITY THEFT
``Sec.
``1551. Obtaining information under false pretenses.
``1552. Unauthorized disclosures by officers or employees.
``1553. Definitions for subchapter.
``Sec. 1551. Obtaining information under false pretenses
``Whoever knowingly obtains information on a consumer from a consumer
reporting agency under false pretenses shall be imprisoned for not more
than 2 years.
``Sec. 1552. Unauthorized disclosures by officers or employees
``Any officer or employee of a consumer reporting agency who
knowingly provides information concerning an individual from the
agency's files to a person not authorized to receive that information
shall be imprisoned for not more than 2 years.
``Sec. 1553. Definitions for subchapter
``A term defined in the Fair Credit Reporting Act shall have the same
meaning when used in the subchapter.
``CHAPTER 50--FORFEITURE
``Subchapter
Sec.
``A. Property subject to forfeiture............................... 2501
``B. Civil forfeiture............................................. 2551
``C. Criminal forfeiture.......................................... 2561
``SUBCHAPTER A--PROPERTY SUBJECT TO FORFEITURE
``Sec.
``2501. Forfeitable property.
``Sec. 2501. Forfeitable property
``(a) Definitions.--As used in this chapter--
``(1) the term `forfeitable property' means any property, real or
personal, tangible or intangible, that is--
``(A) used or intended to be used to commit or
facilitate the offense;
``(B) constituting, derived from, or traceable to
proceeds of the offense; or
``(C) substitute assets for property described in
subparagraph (1) or (B); and
``(2) the term `proceeds' means all property obtained
directly or indirectly from the offense.
``(b) Special Rule for Terrorist Offenses.--In the case of an act of
domestic or international terrorism, as defined in section 283, there
shall be deemed to be involved in the offense all assets, foreign and
domestic--
``(A) of any individual, entity, or organization
engaged in planning or perpetrating the act, and all
assets, foreign or domestic, affording any person a
source of influence over any such entity or
organization;
``(B) acquired or maintained by any person with the
intent and for the purpose of supporting, planning,
conducting, or concealing the act; or
``(C) derived from, involved in, or used or intended
to be used to commit the act of domestic or
international terrorism.
``(c) Special Rule for Counterfeit Paraphernalia.--For the purposes
of this chapter, the term `forfeitable property' also includes any
counterfeit of a coin, obligation, or security of the United States or
of any foreign government or any material or apparatus used or fitted
or intended to be used, in the making of such a counterfeit, found in
the possession of any person without authority from the Secretary of
the Treasury or other proper officer.
``SUBCHAPTER B--CIVIL FORFEITURE
``Sec.
``2551. Offenses giving rise to civil forfeiture.
``2552. Procedure generally.
``2553. General rules for civil forfeiture proceedings.
``2554. Civil forfeiture of fungible property.
``2555. Civil forfeiture of real property.
``2556. Subpoenas for bank records.
``2557. Anti-terrorist forfeiture protection.
``Sec. 2551. Offenses giving rise to civil forfeiture
``(a) Criminally related property subject to forfeiture.--All right,
title, and interest in forfeitable property relating to an offense
described in subsection (b) shall vest in the United States upon
commission of that offense.
``(b) Offenses Giving Rise to Civil Forfeiture.--The following
offenses give rise to civil forfeiture under this section:
``(1) A violation of section 612, 614, 691-719, 773-775, 779,
783, 786, 787, 789, 804, 851, 852, 862-865, or 1003 or any
offense constituting `specified unlawful activity' (as defined
in section 1451).
``(2) An offense against a foreign nation, or any property
used to facilitate such an offense, if the offense--
``(A) involves the manufacture, importation, sale, or
distribution of a controlled substance (as that term is
defined for purposes of the controlled substances act),
or any other conduct described in section 1451;
``(B) would be punishable within the jurisdiction of
the foreign nation by death or imprisonment for a term
exceeding one year; and
``(C) would be punishable under the laws of the
United States by imprisonment for a term exceeding one
year, if the conduct constituting the offense had
occurred within the jurisdiction of the United States.
``(3) A violation of--
``(A) section 654 (relating to Federal program
fraud);
``(B) section 772 (relating to fraud and false
statements);
``(C) section 788 (relating to major fraud against
the United States);
``(D) section 789 (relating to concealment of assets
from conservator or receiver of insured financial
institution);
``(E) section 801 (relating to mail fraud); or
``(F) section 803 (relating to wire fraud),
if such violation relates to the sale of assets acquired or
held by the Resolution Trust Corporation, the Federal Deposit
Insurance Corporation, as conservator or receiver for a
financial institution, or any other conservator for a financial
institution appointed by the Office of the Comptroller of the
Currency or the Office of Thrift Supervision or the National
Credit Union Administration, as conservator or liquidating
agent for a financial institution.
``(4) A violation of--
``(A) section 718 (altering or removing motor vehicle
identification numbers);
``(B) section 866 (importing or exporting stolen
motor vehicles);
``(C) section 671 (transporting stolen motor vehicles
in interstate commerce); or
``(D) section 672 (possessing or selling a stolen
motor vehicle that has moved in interstate commerce).
``(5) Any act of domestic or international terrorism (as
defined in section 283) against the United States, citizens or
residents of the United States, or their property, against any
international organization as defined in the State Department
Basic Authorites Act of 1956, or against any foreign
government.
``(6) A violation of section 280.
``(7) A violation of 506 of title 17, or section 675, 676,
678, 679, 680, or subcahpter C of chapter 35.
``(c) Application to Other Civil Forfeitures.--Unless otherwise
specified, whenever a law of the United States provides for civil
forfeiture, this subchapter shall apply to that forfeiture.
``Sec. 2552. Procedure generally
``(a) Seizure and Preliminary Matters.--
``(1) Except as provided in section 2555, any property
subject to forfeiture to the United States under section 2551
may be seized by the Attorney General and, in the case of
property involved in a violation investigated by the Secretary
of the Treasury or the United States Postal Service, the
property may also be seized by the Secretary of the Treasury or
the Postal Service, respectively.
``(2) Seizures under this section shall be made pursuant to a
warrant obtained in the same manner as provided for a search
warrant under the Federal Rules of Criminal Procedure, except
that a seizure may be made without a warrant if--
``(A) a complaint for forfeiture has been filed in the United
States district court and the court issued an arrest warrant in
rem pursuant to the Supplemental Rules for Certain Admiralty
and Maritime Claims;
``(B) there is probable cause to believe that the property is
subject to forfeiture and--
``(i) the seizure is made pursuant to a lawful arrest
or search; or
``(ii) another exception to the Fourth Amendment
warrant requirement would apply; or
``(C) the property was lawfully seized by a State or local
law enforcement agency and transferred to a Federal agency.
``(3) Notwithstanding rule 41(a) of the Federal Rules of
Criminal Procedure, a seizure warrant may be issued pursuant to
this subsection by a judicial officer in any district in which
a forfeiture action against the property may be filed under
section 1355(b) of title 28, and may be executed in any
district in which the property is found, or transmitted to the
central authority of any foreign state for service in
accordance with any treaty or other international agreement.
Any motion for the return of property seized under this section
shall be filed in the district court in which the seizure
warrant was issued or in the district court for the district in
which the property was seized.
``(4)(A) If any person is arrested or charged in a foreign
country in connection with an offense that would give rise to
the forfeiture of property in the United States under this
section or under the Controlled Substances Act, the Attorney
General may apply to any Federal judge or magistrate judge in
the district in which the property is located for an ex parte
order restraining the property subject to forfeiture for not
more than 30 days, except that the time may be extended for
good cause shown at a hearing conducted in the manner provided
in rule 43(e) of the Federal Rules of Civil Procedure.
``(B) The application for the restraining order shall set
forth the nature and circumstances of the foreign charges and
the basis for belief that the person arrested or charged has
property in the United States that would be subject to
forfeiture, and shall contain a statement that the restraining
order is needed to preserve the availability of property for
such time as is necessary to receive evidence from the foreign
country or elsewhere in support of probable cause for the
seizure of the property under this subsection.
``(b) Securing of Property.--Property taken or detained under this
section shall not be repleviable, but shall be deemed to be in the
custody of the Attorney General, the Secretary of the Treasury, or the
Postal Service, as the case may be, subject only to the orders and
decrees of the court or the official having jurisdiction thereof.
Whenever property is seized under this subsection, the Attorney
General, the Secretary of the Treasury, or the Postal Service, as the
case may be, may--
``(1) place the property under seal;
``(2) remove the property to a place designated by him; or
``(3) require that the General Services Administration take
custody of the property and remove it, if practicable, to an
appropriate location for disposition in accordance with law.
``(c) Application of Customs Laws.--For purposes of this section, the
provisions of the customs laws relating to the seizure, summary and
judicial forfeiture, condemnation of property for violation of the
customs laws, the disposition of such property or the proceeds from the
sale of such property under this section, the remission or mitigation
of such forfeitures, and the compromise of claims (19 U.S.C. 1602 et
seq.), insofar as they are applicable and not inconsistent with the
provisions of this section, shall apply to seizures and forfeitures
incurred, or alleged to have been incurred, under this section, except
that such duties as are imposed upon the customs officer or any other
person with respect to the seizure and forfeiture of property under the
customs laws shall be performed with respect to seizures and
forfeitures of property under this section by such officers, agents, or
other persons as may be authorized or designated for that purpose by
the Attorney General, the Secretary of the Treasury, or the Postal
Service, as the case may be. The Attorney General shall have sole
responsibility for disposing of petitions for remission or mitigation
with respect to property involved in a judicial forfeiture proceeding.
``(d) Retention or Transfer of Forfeited Property.--Notwithstanding
any other provision of the law, except section 3 of the Anti Drug Abuse
Act of 1986, the Attorney General, the Secretary of the Treasury, or
the Postal Service, as the case may be, is authorized to retain
property forfeited pursuant to this section, or to transfer such
property on such terms and conditions as the Attorney General may
determine--
``(1) to any other Federal agency;
``(2) to any State or local law enforcement agency which
participated directly in any of the acts which led to the
seizure or forfeiture of the property;
``(3) in the case of property referred to in subsection
(a)(1)(C), to any Federal financial institution regulatory
agency--
``(A) to reimburse the agency for payments to
claimants or creditors of the institution; and
``(B) to reimburse the insurance fund of the agency
for losses suffered by the fund as a result of the
receivership or liquidation;
``(4) in the case of property referred to in subsection
(a)(1)(C), upon the order of the appropriate Federal financial
institution regulatory agency, to the financial institution as
restitution, with the value of the property so transferred to
be set off against any amount later recovered by the financial
institution as compensatory damages in any State or Federal
proceeding;
``(5) in the case of property referred to in subsection
(a)(1)(C), to any Federal financial institution regulatory
agency, to the extent of the agency's contribution of resources
to, or expenses involved in, the seizure and forfeiture, and
the investigation leading directly to the seizure and
forfeiture, of such property;
``(6) as restoration to any victim of the offense giving rise
to the forfeiture, including, in the case of a money laundering
offense, any offense constituting the underlying specified
unlawful activity; or
``(7) In the case of property referred to in subsection
(a)(1)(D), to the Resolution Trust Corporation, the Federal
Deposit Insurance Corporation, or any other Federal financial
institution regulatory agency (as defined in section 8(e)(7)(D)
of the Federal Deposit Insurance Act).
The Attorney General, the Secretary of the Treasury, or the Postal
Service, as the case may be, shall ensure the equitable transfer
pursuant to paragraph (2) of any forfeited property to the appropriate
State or local law enforcement agency so as to reflect generally the
contribution of any such agency participating directly in any of the
acts which led to the seizure or forfeiture of such property. A
decision by the Attorney General, the Secretary of the Treasury, or the
Postal Service pursuant to paragraph (2) shall not be subject to
review. The United States shall not be liable in any action arising out
of the use of any property the custody of which was transferred
pursuant to this section to any non-Federal agency. The Attorney
General, the Secretary of the Treasury, or the Postal Service may order
the discontinuance of any forfeiture proceedings under this section in
favor of the institution of forfeiture proceedings by State or local
authorities under an appropriate State or local statute. After the
filing of a complaint for forfeiture under this section, the Attorney
General may seek dismissal of the complaint in favor of forfeiture
proceedings under State or local law. Whenever forfeiture proceedings
are discontinued by the United States in favor of State or local
proceedings, the United States may transfer custody and possession of
the seized property to the appropriate State or local official
immediately upon the initiation of the proper actions by such
officials. Whenever forfeiture proceedings are discontinued by the
United States in favor of State or local proceedings, notice shall be
sent to all known interested parties advising them of the
discontinuance or dismissal. The United States shall not be liable in
any action arising out of the seizure, detention, and transfer of
seized property to State or local officials. The United States shall
not be liable in any action arising out of a transfer under paragraph
(3), (4), or (5) of this subsection.
``(e) Stays.--
``(1) Upon the motion of the United States, the court shall
stay the civil forfeiture proceeding if the court determines
that civil discovery will adversely affect the ability of the
Government to conduct a related criminal investigation or the
prosecution of a related criminal case.
``(2) Upon the motion of a claimant, the court shall stay the
civil forfeiture proceeding with respect to that claimant if
the court determines that--
``(A) the claimant is the subject of a related
criminal investigation or case;
``(B) the claimant has standing to assert a claim in
the civil forfeiture proceeding; and
``(C) continuation of the forfeiture proceeding will
burden the right of the claimant against self-
incrimination in the related investigation or case.
``(3) With respect to the impact of civil discovery described
in paragraphs (1) and (2), the court may determine that a stay
is unnecessary if a protective order limiting discovery would
protect the interest of one party without unfairly limiting the
ability of the opposing party to pursue the civil case. In no
case, however, shall the court impose a protective order as an
alternative to a stay if the effect of such protective order
would be to allow one party to pursue discovery while the other
party is substantially unable to do so.
``(4) In this subsection, the terms `related criminal case'
and `related criminal investigation' mean an actual prosecution
or investigation in progress at the time at which the request
for the stay, or any subsequent motion to lift the stay is
made. In determining whether a criminal case or investigation
is `related' to a civil forfeiture proceeding, the court shall
consider the degree of similarity between the parties,
witnesses, facts, and circumstances involved in the two
proceedings, without requiring an identity with respect to any
one or more factors.
``(5) In requesting a stay under paragraph (1), the
Government may, in appropriate cases, submit evidence ex parte
in order to avoid disclosing any matter that may adversely
affect an ongoing criminal investigation or pending criminal
trial.
``(6) Whenever a civil forfeiture proceeding is stayed
pursuant to this subsection, the court shall enter any order
necessary to preserve the value of the property or to protect
the rights of lienholders or other persons with an interest in
the property while the stay is in effect.
``(7) A determination by the court that the claimant has
standing to request a stay pursuant to paragraph (2) shall
apply only to this subsection and shall not preclude the
Government from objecting to the standing of the claimant by
dispositive motion or at the time of trial.
``(f) Venue.--In addition to the venue provided for in section 1395
of title 28 or any other provision of law, in the case of property of a
defendant charged with a violation that is the basis for forfeiture of
the property under this section, a proceeding for forfeiture under this
section may be brought in the judicial district in which the defendant
owning such property is found or in the judicial district in which the
criminal prosecution is brought.
``(g) Disposition.--
``(1) Whenever property is civilly or criminally forfeited
under this subchapter, the Attorney General or the Secretary of
the Treasury, as the case may be, may transfer the forfeited
personal property or the proceeds of the sale of any forfeited
personal or real property to any foreign country which
participated directly or indirectly in the seizure or
forfeiture of the property, if such a transfer--
``(A) has been agreed to by the Secretary of State;
``(B) is authorized in an international agreement
between the United States and the foreign country; and
``(C) is made to a country which, if applicable, has
been certified under section 481(h) of the Foreign
Assistance Act of 1961.
A decision by the Attorney General or the Secretary of the
Treasury pursuant to this paragraph shall not be subject to
review. The foreign country shall, in the event of a transfer
of property or proceeds of sale of property under this
subsection, bear all expenses incurred by the United States in
the seizure, maintenance, inventory, storage, forfeiture, and
disposition of the property, and all transfer costs. The
payment of all such expenses, and the transfer of assets
pursuant to this paragraph, shall be upon such terms and
conditions as the Attorney General or the Secretary of the
Treasury may, in his discretion, set.
``(2) This section does not limit or supersede any other
authority of the United States to provide assistance to a
foreign country in obtaining property related to a crime
committed in the foreign country, including property which is
sought as evidence of a crime committed in the foreign country.
``(3) A certified order or judgment of forfeiture by a court
of competent jurisdiction of a foreign country concerning
property which is the subject of forfeiture under this section
and was determined by such court to be the type of property
described in subsection (a)(1)(B) of this section, and any
certified recordings or transcripts of testimony taken in a
foreign judicial proceeding concerning such order or judgment
of forfeiture, shall be admissible in evidence in a proceeding
brought pursuant to this section. Such certified order or
judgment of forfeiture, when admitted into evidence, shall
constitute probable cause that the property forfeited by such
order or judgment of forfeiture is subject to forfeiture under
this section and creates a rebuttable presumption of the
forfeitability of such property under this section.
``(4) A certified order or judgment of conviction by a court
of competent jurisdiction of a foreign country concerning an
unlawful drug activity which gives rise to forfeiture under
this section and any certified recordings or transcripts of
testimony taken in a foreign judicial proceeding concerning
such order or judgment of conviction shall be admissible in
evidence in a proceeding brought pursuant to this section. Such
certified order or judgment of conviction, when admitted into
evidence, creates a rebuttable presumption that the unlawful
drug activity giving rise to forfeiture under this section has
occurred.
``(5) Paragraphs (3) and (4) do not limit the admissibility
of any evidence otherwise admissible, or the ability of the
United States to establish probable cause that property is
subject to forfeiture by any evidence otherwise admissible.
``(h) Definitions.--As used in this section--
``(1) the term `Attorney General' means the Attorney General
or his delegate; and
``(2) the term `Secretary of the Treasury' means the
Secretary of the Treasury or his delegate.
``(i) Interbank Accounts.--
``(1) In general.--
``(A) In general.--For the purpose of a forfeiture
under this section or under the Controlled Substances
Act (21 U.S.C. 801 et seq.), if funds are deposited
into an account at a foreign financial institution, and
that foreign financial institution has an interbank
account in the United States with a covered financial
institution (as defined in section 5318(j)(1) of title
31), the funds shall be deemed to have been deposited
into the interbank account in the United States, and
any restraining order, seizure warrant, or arrest
warrant in rem regarding the funds may be served on the
covered financial institution, and funds in the
interbank account, up to the value of the funds
deposited into the account at the foreign financial
institution, may be restrained, seized, or arrested.
``(B) Authority to suspend.--The Attorney General, in
consultation with the Secretary of the Treasury, may
suspend or terminate a forfeiture under this section if
the Attorney General determines that a conflict of law
exists between the laws of the jurisdiction in which
the foreign financial institution is located and the
laws of the United States with respect to liabilities
arising from the restraint, seizure, or arrest of such
funds, and that such suspension or termination would be
in the interest of justice and would not harm the
national interests of the United States.
``(2) No requirement for Government to trace funds.--If a
forfeiture action is brought against funds that are restrained,
seized, or arrested under paragraph (1), it shall not be
necessary for the Government to establish that the funds are
directly traceable to the funds that were deposited into the
foreign financial institution, nor shall it be necessary for
the Government to rely on the application of section 2554.
``(3) Claims brought by owner of the funds.--If a forfeiture
action is instituted against funds restrained, seized, or
arrested under paragraph (1), the owner of the funds deposited
into the account at the foreign financial institution may
contest the forfeiture by filing a claim under section 2553.
``(4) Definitions.--For purposes of this subsection, the
following definitions shall apply:
``(A) Interbank account.--The term `interbank
account' has the same meaning as in section
2554(c)(2)(B).
``(B) Owner.--
``(i) In general.--Except as provided in
clause (ii), the term `owner'--
``(I) means the person who was the
owner, as that term is defined in
section 2553(d)(6), of the funds that
were deposited into the foreign
financial institution at the time such
funds were deposited; and
``(II) does not include either the
foreign financial institution or any
financial institution acting as an
intermediary in the transfer of the
funds into the interbank account.
``(ii) Exception.--The foreign financial
institution may be considered the `owner' of
the funds (and no other person shall qualify as
the owner of such funds) only if--
``(I) the basis for the forfeiture
action is wrongdoing committed by the
foreign financial institution; or
``(II) the foreign financial
institution establishes, by a
preponderance of the evidence, that
prior to the restraint, seizure, or
arrest of the funds, the foreign
financial institution had discharged
all or part of its obligation to the
prior owner of the funds, in which case
the foreign financial institution shall
be deemed the owner of the funds to the
extent of such discharged obligation.
``(C) Foreign financial institution.--The term
`foreign financial institution' includes a foreign bank
as defined in section 1(b)(7) of the International
Banking Act of 1978.
``Sec. 2553. General rules for civil forfeiture proceedings
``(a) Notice; Claim; Complaint.--
``(1)(A)(i) Except as provided in clauses (ii) through (v),
in any nonjudicial civil forfeiture proceeding under a civil
forfeiture statute, with respect to which the Government is
required to send written notice to interested parties, such
notice shall be sent in a manner to achieve proper notice as
soon as practicable, and in no case more than 60 days after the
date of the seizure.
``(ii) No notice is required if, before the 60-day period
expires, the Government files a civil judicial forfeiture
action against the property and provides notice of that action
as required by law.
``(iii) If, before the 60-day period expires, the Government
does not file a civil judicial forfeiture action, but does
obtain a criminal indictment containing an allegation that the
property is subject to forfeiture, the Government shall
either--
``(I) send notice within the 60 days and continue the
nonjudicial civil forfeiture proceeding under this
section; or
``(II) terminate the nonjudicial civil forfeiture
proceeding, and take the steps necessary to preserve
its right to maintain custody of the property as
provided in the applicable criminal forfeiture statute.
``(iv) In a case in which the property is seized by a State
or local law enforcement agency and turned over to a Federal
law enforcement agency for the purpose of forfeiture under
Federal law, notice shall be sent not more than 90 days after
the date of seizure by the State or local law enforcement
agency.
``(v) If the identity or interest of a party is not
determined until after the seizure or turnover but is
determined before a declaration of forfeiture is entered,
notice shall be sent to such interested party not later than 60
days after the determination by the Government of the identity
of the party or the party's interest.
``(B) A supervisory official in the headquarters office of
the seizing agency may extend the period for sending notice
under subparagraph (A) for a period not to exceed 30 days
(which period may not be further extended except by a court),
if the official determines that the conditions in subparagraph
(D) are present.
``(C) Upon motion by the Government, a court may extend the
period for sending notice under subparagraph (A) for a period
not to exceed 60 days, which period may be further extended by
the court for 60-day periods, as necessary, if the court
determines, based on a written certification of a supervisory
official in the headquarters office of the seizing agency, that
the conditions in subparagraph (D) are present.
``(D) The period for sending notice under this paragraph may
be extended only if there is reason to believe that notice may
have an adverse result, including--
``(i) endangering the life or physical safety of an
individual;
``(ii) flight from prosecution;
``(iii) destruction of or tampering with evidence;
``(iv) intimidation of potential witnesses; or
``(v) otherwise seriously jeopardizing an
investigation or unduly delaying a trial.
``(E) Each of the Federal seizing agencies conducting
nonjudicial forfeitures under this section shall report
periodically to the Committees on the Judiciary of the House of
Representatives and the Senate the number of occasions when an
extension of time is granted under subparagraph (B).
``(F) If the Government does not send notice of a seizure of
property in accordance with subparagraph (A) to the person from
whom the property was seized, and no extension of time is
granted, the Government shall return the property to that
person without prejudice to the right of the Government to
commence a forfeiture proceeding at a later time. The
Government shall not be required to return contraband or other
property that the person from whom the property was seized may
not legally possess.
``(2)(A) Any person claiming property seized in a nonjudicial
civil forfeiture proceeding under a civil forfeiture statute
may file a claim with the appropriate official after the
seizure.
``(B) A claim under subparagraph (A) may be filed not later
than the deadline set forth in a personal notice letter (which
deadline may be not earlier than 35 days after the date the
letter is mailed), except that if that letter is not received,
then a claim may be filed not later than 30 days after the date
of final publication of notice of seizure.
``(C) A claim shall--
``(i) identify the specific property being claimed;
``(ii) state the claimant's interest in such
property; and
``(iii) be made under oath, subject to penalty of
perjury.
``(D) A claim need not be made in any particular form. Each
Federal agency conducting nonjudicial forfeitures under this
section shall make claim forms generally available on request,
which forms shall be written in easily understandable language.
``(E) Any person may make a claim under subparagraph (A)
without posting bond with respect to the property which is the
subject of the claim.
``(3)(A) Not later than 90 days after a claim has been filed,
the Government shall file a complaint for forfeiture in the
manner set forth in the Supplemental Rules for Certain
Admiralty and Maritime Claims or return the property pending
the filing of a complaint, except that a court in the district
in which the complaint will be filed may extend the period for
filing a complaint for good cause shown or upon agreement of
the parties.
``(B) If the Government does not--
``(i) file a complaint for forfeiture or return the
property, in accordance with subparagraph (A); or
``(ii) before the time for filing a complaint has
expired--
``(I) obtain a criminal indictment containing
an allegation that the property is subject to
forfeiture; and
``(II) take the steps necessary to preserve
its right to maintain custody of the property
as provided in the applicable criminal
forfeiture statute,
the Government shall promptly release the property pursuant to
regulations promulgated by the Attorney General, and may not
take any further action to effect the civil forfeiture of such
property in connection with the underlying offense.
``(C) In lieu of, or in addition to, filing a civil
forfeiture complaint, the Government may include a forfeiture
allegation in a criminal indictment. If criminal forfeiture is
the only forfeiture proceeding commenced by the Government, the
Government's right to continued possession of the property
shall be governed by the applicable criminal forfeiture
statute.
``(D) No complaint may be dismissed on the ground that the
Government did not have adequate evidence at the time the
complaint was filed to establish the forfeitability of the
property.
``(4)(A) In any case in which the Government files in the
appropriate United States district court a complaint for
forfeiture of property, any person claiming an interest in the
seized property may file a claim asserting such person's
interest in the property in the manner set forth in the
Supplemental Rules for Certain Admiralty and Maritime Claims,
except that such claim may be filed not later than 30 days
after the date of service of the Government's complaint or, as
applicable, not later than 30 days after the date of final
publication of notice of the filing of the complaint.
``(B) A person asserting an interest in seized property, in
accordance with subparagraph (A), shall file an answer to the
Government's complaint for forfeiture not later than 20 days
after the date of the filing of the claim.
``(b) Representation.--
``(1)(A) If a person with standing to contest the forfeiture
of property in a judicial civil forfeiture proceeding under a
civil forfeiture statute is financially unable to obtain
representation by counsel, and the person is represented by
counsel appointed under section 3006A of this title in
connection with a related criminal case, the court may
authorize counsel to represent that person with respect to the
claim.
``(B) In determining whether to authorize counsel to
represent a person under subparagraph (A), the court shall take
into account such factors as--
``(i) the person's standing to contest the
forfeiture; and
``(ii) whether the claim appears to be made in good
faith.
``(2)(A) If a person with standing to contest the forfeiture
of property in a judicial civil forfeiture proceeding under a
civil forfeiture statute is financially unable to obtain
representation by counsel, and the property subject to
forfeiture is real property that is being used by the person as
a primary residence, the court, at the request of the person,
shall insure that the person is represented by an attorney for
the Legal Services Corporation with respect to the claim.
``(B)(i) At appropriate times during a representation under
subparagraph (A), the Legal Services Corporation shall submit a
statement of reasonable attorney fees and costs to the court.
``(ii) The court shall enter a judgment in favor of the Legal
Services Corporation for reasonable attorney fees and costs
submitted pursuant to clause (i) and treat such judgment as
payable under section 2465 of title 28, regardless of the
outcome of the case.
``(3) The court shall set the compensation for representation
under this subsection, which shall be equivalent to that
provided for court-appointed representation under section 3006A
of this title.
``(c) Burden of Proof.--In a suit or action brought under any civil
forfeiture statute for the civil forfeiture of any property--
``(1) the burden of proof is on the Government to establish,
by a preponderance of the evidence, that the property is
subject to forfeiture;
``(2) the Government may use evidence gathered after the
filing of a complaint for forfeiture to establish, by a
preponderance of the evidence, that property is subject to
forfeiture; and
``(3) if the Government's theory of forfeiture is that the
property was used to commit or facilitate the commission of a
criminal offense, or was involved in the commission of a
criminal offense, the Government shall establish that there was
a substantial connection between the property and the offense.
``(d) Innocent Owner Defense.--
``(1) An innocent owner's interest in property shall not be
forfeited under any civil forfeiture statute. The claimant
shall have the burden of proving that the claimant is an
innocent owner by a preponderance of the evidence.
``(2)(A) With respect to a property interest in existence at
the time the illegal conduct giving rise to forfeiture took
place, the term `innocent owner' means an owner who--
``(i) did not know of the conduct giving rise to
forfeiture; or
``(ii) upon learning of the conduct giving rise to
the forfeiture, did all that reasonably could be
expected under the circumstances to terminate such use
of the property.
``(B)(i) For the purposes of this paragraph, ways in which a
person may show that such person did all that reasonably could
be expected may include demonstrating that such person, to the
extent permitted by law--
``(I) gave timely notice to an appropriate law
enforcement agency of information that led the person
to know the conduct giving rise to a forfeiture would
occur or has occurred; and
``(II) in a timely fashion revoked or made a good
faith attempt to revoke permission for those engaging
in such conduct to use the property or took reasonable
actions in consultation with a law enforcement agency
to discourage or prevent the illegal use of the
property.
``(ii) A person is not required by this subparagraph to take
steps that the person reasonably believes would be likely to
subject any person (other than the person whose conduct gave
rise to the forfeiture) to physical danger.
``(3)(A) With respect to a property interest acquired after
the conduct giving rise to the forfeiture has taken place, the
term `innocent owner' means a person who, at the time that
person acquired the interest in the property--
``(i) was a bona fide purchaser or seller for value
(including a purchaser or seller of goods or services
for value); and
``(ii) did not know and was reasonably without cause
to believe that the property was subject to forfeiture.
``(B) An otherwise valid claim under subparagraph (A) shall
not be denied on the ground that the claimant gave nothing of
value in exchange for the property if--
``(i) the property is the primary residence of the
claimant;
``(ii) depriving the claimant of the property would
deprive the claimant of the means to maintain
reasonable shelter in the community for the claimant
and all dependents residing with the claimant;
``(iii) the property is not, and is not traceable to,
the proceeds of any criminal offense; and
``(iv) the claimant acquired his or her interest in
the property through marriage, divorce, or legal
separation, or the claimant was the spouse or legal
dependent of a person whose death resulted in the
transfer of the property to the claimant through
inheritance or probate,
except that the court shall limit the value of any real
property interest for which innocent ownership is recognized
under this subparagraph to the value necessary to maintain
reasonable shelter in the community for such claimant and all
dependents residing with the claimant.
``(4) Notwithstanding any provision of this subsection, no
person may assert an ownership interest under this subsection
in contraband or other property that it is illegal to possess.
``(5) If the court determines, in accordance with this
section, that an innocent owner has a partial interest in
property otherwise subject to forfeiture, or a joint tenancy or
tenancy by the entirety in such property, the court may enter
an appropriate order--
``(A) severing the property;
``(B) transferring the property to the Government
with a provision that the Government compensate the
innocent owner to the extent of his or her ownership
interest once a final order of forfeiture has been
entered and the property has been reduced to liquid
assets; or
``(C) permitting the innocent owner to retain the
property subject to a lien in favor of the Government
to the extent of the forfeitable interest in the
property.
``(6) In this subsection, the term `owner'--
``(A) means a person with an ownership interest in
the specific property sought to be forfeited, including
a leasehold, lien, mortgage, recorded security
interest, or valid assignment of an ownership interest;
and
``(B) does not include--
``(i) a person with only a general unsecured
interest in, or claim against, the property or
estate of another;
``(ii) a bailee unless the bailor is
identified and the bailee shows a colorable
legitimate interest in the property seized; or
``(iii) a nominee who exercises no dominion
or control over the property.
``(e) Motion To Set Aside Forfeiture.--
``(1) Any person entitled to written notice in any
nonjudicial civil forfeiture proceeding under a civil
forfeiture statute who does not receive such notice may file a
motion to set aside a declaration of forfeiture with respect to
that person's interest in the property, which motion shall be
granted if--
``(A) the Government knew, or reasonably should have
known, of the moving party's interest and failed to
take reasonable steps to provide such party with
notice; and
``(B) the moving party did not know or have reason to
know of the seizure within sufficient time to file a
timely claim.
``(2)(A) Notwithstanding the expiration of any applicable
statute of limitations, if the court grants a motion under
paragraph (1), the court shall set aside the declaration of
forfeiture as to the interest of the moving party without
prejudice to the right of the Government to commence a
subsequent forfeiture proceeding as to the interest of the
moving party.
``(B) Any proceeding described in subparagraph (A) shall be
commenced--
``(i) if nonjudicial, within 60 days of the entry of
the order granting the motion; or
``(ii) if judicial, within 6 months of the entry of
the order granting the motion.
``(3) A motion under paragraph (1) may be filed not later
than 5 years after the date of final publication of notice of
seizure of the property.
``(4) If, at the time a motion made under paragraph (1) is
granted, the forfeited property has been disposed of by the
Government in accordance with law, the Government may institute
proceedings against a substitute sum of money equal to the
value of the moving party's interest in the property at the
time the property was disposed of.
``(5) A motion filed under this subsection shall be the
exclusive remedy for seeking to set aside a declaration of
forfeiture under a civil forfeiture statute.
``(f) Release Of Seized Property.--
``(1) A claimant under subsection (a) is entitled to
immediate release of seized property if--
``(A) the claimant has a possessory interest in the
property;
``(B) the claimant has sufficient ties to the
community to provide assurance that the property will
be available at the time of the trial;
``(C) the continued possession by the Government
pending the final disposition of forfeiture proceedings
will cause substantial hardship to the claimant, such
as preventing the functioning of a business, preventing
an individual from working, or leaving an individual
homeless;
``(D) the claimant's likely hardship from the
continued possession by the Government of the seized
property outweighs the risk that the property will be
destroyed, damaged, lost, concealed, or transferred if
it is returned to the claimant during the pendency of
the proceeding; and
``(E) none of the conditions set forth in paragraph
(8) applies.
``(2) A claimant seeking release of property under this
subsection must request possession of the property from the
appropriate official, and the request must set forth the basis
on which the requirements of paragraph (1) are met.
``(3)(A) If not later than 15 days after the date of a
request under paragraph (2) the property has not been released,
the claimant may file a petition in the district court in which
the complaint has been filed or, if no complaint has been
filed, in the district court in which the seizure warrant was
issued or in the district court for the district in which the
property was seized.
``(B) The petition described in subparagraph (A) shall set
forth--
``(i) the basis on which the requirements of
paragraph (1) are met; and
``(ii) the steps the claimant has taken to secure
release of the property from the appropriate official.
``(4) If the Government establishes that the claimant's claim
is frivolous, the court shall deny the petition. In responding
to a petition under this subsection on other grounds, the
Government may in appropriate cases submit evidence ex parte in
order to avoid disclosing any matter that may adversely affect
an ongoing criminal investigation or pending criminal trial.
``(5) The court shall render a decision on a petition filed
under paragraph (3) not later than 30 days after the date of
the filing, unless such 30-day limitation is extended by
consent of the parties or by the court for good cause shown.
``(6) If--
``(A) a petition is filed under paragraph (3); and
``(B) the claimant demonstrates that the requirements
of paragraph (1) have been met,
the district court shall order that the property be returned to
the claimant, pending completion of proceedings by the
Government to obtain forfeiture of the property.
``(7) If the court grants a petition under paragraph (3)--
``(A) the court may enter any order necessary to
ensure that the value of the property is maintained
while the forfeiture action is pending, including--
``(i) permitting the inspection,
photographing, and inventory of the property;
``(ii) fixing a bond in accordance with rule
E(5) of the Supplemental Rules for Certain
Admiralty and Maritime Claims; and
``(iii) requiring the claimant to obtain or
maintain insurance on the subject property; and
``(B) the Government may place a lien against the
property or file a lis pendens to ensure that the
property is not transferred to another person.
``(8) This subsection shall not apply if the seized
property--
``(A) is contraband, currency, or other monetary
instrument, or electronic funds unless such currency or
other monetary instrument or electronic funds
constitutes the assets of a legitimate business which
has been seized;
``(B) is to be used as evidence of a violation of the
law;
``(C) by reason of design or other characteristic, is
particularly suited for use in illegal activities; or
``(D) is likely to be used to commit additional
criminal acts if returned to the claimant.
``(g) Proportionality.--
``(1) The claimant under subsection (a)(4) may petition the
court to determine whether the forfeiture was constitutionally
excessive.
``(2) In making this determination, the court shall compare
the forfeiture to the gravity of the offense giving rise to the
forfeiture.
``(3) The claimant shall have the burden of establishing that
the forfeiture is grossly disproportional by a preponderance of
the evidence at a hearing conducted by the court without a
jury.
``(4) If the court finds that the forfeiture is grossly
disproportional to the offense it shall reduce or eliminate the
forfeiture as necessary to avoid a violation of the Excessive
Fines Clause of the Eighth Amendment of the Constitution.
``(h) Civil Fine.--
``(1) In any civil forfeiture proceeding under a civil
forfeiture statute in which the Government prevails, if the
court finds that the claimant's assertion of an interest in the
property was frivolous, the court may impose a civil fine on
the claimant of an amount equal to 10 percent of the value of
the forfeited property, but in no event shall the fine be less
than $250 or greater than $5,000.
``(2) Any civil fine imposed under this subsection shall not
preclude the court from imposing sanctions under rule 11 of the
Federal Rules of Civil Procedure.
``(3) In addition to the limitations of section 1915 of title
28, in no event shall a prisoner file a claim under a civil
forfeiture statute or appeal a judgment in a civil action or
proceeding based on a civil forfeiture statute if the prisoner
has, on three or more prior occasions, while incarcerated or
detained in any facility, brought an action or appeal in a
court of the United States that was dismissed on the grounds
that it is frivolous or malicious, unless the prisoner shows
extraordinary and exceptional circumstances.
``(i) Civil Forfeiture Statute Defined.--In this section, the term
`civil forfeiture statute'--
``(1) means any provision of Federal law providing for the
forfeiture of property other than as a sentence imposed upon
conviction of a criminal offense; and
``(2) does not include--
``(A) the Tariff Act of 1930 or any other provision
of law codified in title 19;
``(B) the Internal Revenue Code of 1986;
``(C) the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 301 et seq.);
``(D) the Trading with the Enemy Act (50 U.S.C. App.
1 et seq.) or the International Emergency Economic
Powers Act (IEEPA) (50 U.S.C. 1701 et seq.); or
``(E) section 1 of title VI of the Act of June 15,
1917 (40 Stat. 233; 22 U.S.C. 401).
``(j) Restraining Orders; Protective Orders.--
``(1) Upon application of the United States, the court may
enter a restraining order or injunction, require the execution
of satisfactory performance bonds, create receiverships,
appoint conservators, custodians, appraisers, accountants, or
trustees, or take any other action to seize, secure, maintain,
or preserve the availability of property subject to civil
forfeiture--
``(A) upon the filing of a civil forfeiture complaint
alleging that the property with respect to which the
order is sought is subject to civil forfeiture; or
``(B) prior to the filing of such a complaint, if,
after notice to persons appearing to have an interest
in the property and opportunity for a hearing, the
court determines that--
``(i) there is a substantial probability that
the United States will prevail on the issue of
forfeiture and that failure to enter the order
will result in the property being destroyed,
removed from the jurisdiction of the court, or
otherwise made unavailable for forfeiture; and
``(ii) the need to preserve the availability
of the property through the entry of the
requested order outweighs the hardship on any
party against whom the order is to be entered.
``(2) An order entered pursuant to paragraph (1)(B) shall be
effective for not more than 90 days, unless extended by the
court for good cause shown, or unless a complaint described in
paragraph (1)(A) has been filed.
``(3) A temporary restraining order under this subsection may
be entered upon application of the United States without notice
or opportunity for a hearing when a complaint has not yet been
filed with respect to the property, if the United States
demonstrates that there is probable cause to believe that the
property with respect to which the order is sought is subject
to civil forfeiture and that provision of notice will
jeopardize the availability of the property for forfeiture.
Such a temporary order shall expire not more than 10 days after
the date on which it is entered, unless extended for good cause
shown or unless the party against whom it is entered consents
to an extension for a longer period. A hearing requested
concerning an order entered under this paragraph shall be held
at the earliest possible time and prior to the expiration of
the temporary order.
``(4) The court may receive and consider, at a hearing held
pursuant to this subsection, evidence and information that
would be inadmissible under the Federal Rules of Evidence.
``Sec. 2554. Civil forfeiture of fungible property
``(a) Generally.--
``(1) In any forfeiture action in rem in which the subject
property is cash, monetary instruments in bearer form, funds
deposited in an account in a financial institution or precious
metals--
``(A) it shall not be necessary for the Government to
identify the specific property involved in the offense
that is the basis for the forfeiture; and
``(B) it shall not be a defense that the property
involved in such an offense has been removed and
replaced by identical property.
``(2) Except as provided in subsection (b), any identical property
found in the same place or account as the property involved in the
offense that is the basis for the forfeiture shall be subject to
forfeiture under this section.
``(b) Limitation.--No action pursuant to this section to forfeit
property not traceable directly to the offense that is the basis for
the forfeiture may be commenced more than 1 year from the date of the
offense.
``(c) Exception.--
``(1) Subsection (a) does not apply to an action against
funds held by a financial institution in an interbank account
unless the account holder knowingly engaged in the offense that
is the basis for the forfeiture.
``(2) In this subsection--
``(A) the term `financial institution' includes a
foreign bank (as defined in section 1(b)(7) of the
International Banking Act of 1978 (12 U.S.C.
3101(b)(7)); and
``(B) the term `interbank account' means an account
held by one financial institution at another financial
institution primarily for the purpose of facilitating
customer transactions.
``(d) Disclaimer.--Nothing in this section limits the ability of the
Government to forfeit property under any provision of law if the
property involved in the offense giving rise to the forfeiture or
property traceable thereto is available for forfeiture.
``Sec. 2555. Civil forfeiture of real property
``(a) Judicial Forfeitures.--Notwithstanding any other provision of
law, all civil forfeitures of real property and interests in real
property shall proceed as judicial forfeitures.
``(b) Preliminary Matters.--
``(1) Except as provided in this section--
``(A) real property that is the subject of a civil
forfeiture action shall not be seized before entry of
an order of forfeiture; and
``(B) the owners or occupants of the real property
shall not be evicted from, or otherwise deprived of the
use and enjoyment of, real property that is the subject
of a pending forfeiture action.
``(2) The filing of a lis pendens and the execution of a writ
of entry for the purpose of conducting an inspection and
inventory of the property shall not be considered a seizure
under this subsection.
``(c) Initiation.--
``(1) The Government shall initiate a civil forfeiture action
against real property by--
``(A) filing a complaint for forfeiture;
``(B) posting a notice of the complaint on the
property; and
``(C) serving notice on the property owner, along
with a copy of the complaint.
``(2) If the property owner cannot be served with the notice
under paragraph (1) because the owner--
``(A) is a fugitive;
``(B) resides outside the United States and efforts
at service pursuant to rule 4 of the Federal Rules of
Civil Procedure are unavailing; or
``(C) cannot be located despite the exercise of due
diligence,
constructive service may be made in accordance with the laws of
the State in which the property is located.
``(3) If real property has been posted in accordance with
this subsection, it shall not be necessary for the court to
issue an arrest warrant in rem, or to take any other action to
establish in rem jurisdiction over the property.
``(d) Seizure Prior to Entry of Order.--
``(1) Real property may be seized prior to the entry of an
order of forfeiture if--
``(A) the Government notifies the court that it
intends to seize the property before trial; and
``(B) the court--
``(i) issues a notice of application for
warrant, causes the notice to be served on the
property owner and posted on the property, and
conducts a hearing in which the property owner
has a meaningful opportunity to be heard; or
``(ii) makes an ex parte determination that
there is probable cause for the forfeiture and
that there are exigent circumstances that
permit the Government to seize the property
without prior notice and an opportunity for the
property owner to be heard.
``(2) For purposes of paragraph (1)(B)(ii), to establish
exigent circumstances, the Government shall show that less
restrictive measures such as a lis pendens, restraining order,
or bond would not suffice to protect the Government's interests
in preventing the sale, destruction, or continued unlawful use
of the real property.
``(e) Post-Seizure Hearing.--If the court authorizes a seizure of
real property under subsection (d)(1)(B)(ii), it shall conduct a prompt
post-seizure hearing during which the property owner shall have an
opportunity to contest the basis for the seizure.
``(f) Application.--This section--
``(1) applies only to civil forfeitures of real property and
interests in real property;
``(2) does not apply to forfeitures of the proceeds of the
sale of such property or interests, or of money or other assets
intended to be used to acquire such property or interests; and
``(3) shall not affect the authority of the court to enter a
restraining order relating to real property.
``Sec. 2556. Subpoenas for bank records
``(a) In General.--At any time after the commencement of any action
for forfeiture in rem brought by the United States under section 1451,
1452, and 508 of this title, section 5322 or 5324 of title 31, or the
Controlled Substances Act, any party may request the Clerk of the Court
in the district in which the proceeding is pending to issue a subpoena
duces tecum to any financial institution, as defined in section 5312(a)
of title 31, to produce books, records and any other documents at any
place designated by the requesting party. All parties to the proceeding
shall be notified of the issuance of any such subpoena. The procedures
and limitations set forth in section 2555 of this title shall apply to
subpoenas issued under this section.
``(b) Service.--Service of a subpoena issued pursuant to this section
shall be by certified mail. Records produced in response to such a
subpoena may be produced in person or by mail, common carrier, or such
other method as may be agreed upon by the party requesting the subpoena
and the custodian of records. The party requesting the subpoena may
require the custodian of records to submit an affidavit certifying the
authenticity and completeness of the records and explaining the
omission of any record called for in the subpoena.
``(c) Discovery.--Nothing in this section shall preclude any party
from pursuing any form of discovery pursuant to the Federal Rules of
Civil Procedure.
``(d) Access to Records in Bank Secrecy Jurisdictions.--
``(1) In general.--In any civil forfeiture case, or in any
ancillary proceeding in any criminal forfeiture case governed
by section 413(n) of the Controlled Substances Act (21 U.S.C.
853(n)), in which--
``(A) financial records located in a foreign country
may be material--
``(i) to any claim or to the ability of the
Government to respond to such claim; or
``(ii) in a civil forfeiture case, to the
ability of the Government to establish the
forfeitability of the property; and
``(B) it is within the capacity of the claimant to
waive the claimant's rights under applicable financial
secrecy laws, or to obtain the records so that such
records can be made available notwithstanding such
secrecy laws,
the refusal of the claimant to provide the records in response
to a discovery request or to take the action necessary
otherwise to make the records available shall be grounds for
judicial sanctions, up to and including dismissal of the claim
with prejudice.
``(2) Privilege.--This subsection shall not affect the right
of the claimant to refuse production on the basis of any
privilege guaranteed by the Constitution of the United States
or any other provision of Federal law.
``Sec. 2557. Anti-terrorist forfeiture protection
``(a) Right To Contest.--An owner of property that is confiscated
under any provision of law relating to the confiscation of assets of
suspected international terrorists, may contest that confiscation by
filing a claim in the manner set forth in the Federal Rules of Civil
Procedure (Supplemental Rules for Certain Admiralty and Maritime
Claims), and asserting as an affirmative defense that--
``(1) the property is not subject to confiscation under such
provision of law; or
``(2) the innocent owner provisions of section 2553(d) apply
to the case.
``(b) Evidence.--In considering a claim filed under this section, a
court may admit evidence that is otherwise inadmissible under the
Federal Rules of Evidence, if the court determines that the evidence is
reliable, and that compliance with the Federal Rules of Evidence may
jeopardize the national security interests of the United States.
``(c) Clarifications.--
``(1) Protection of rights.--The exclusion of certain
provisions of Federal law from the definition of the term
`civil forfeiture statute' in section 2553(i) shall not be
construed to deny an owner of property the right to contest the
confiscation of assets of suspected international terrorists
under--
``(A) subsection (a) of this section;
``(B) the Constitution; or
``(C) subchapter II of chapter 5 of title 5 (commonly
known as the `Administrative Procedure Act').
``(2) Savings clause.--Nothing in this section shall limit or
otherwise affect any other remedies that may be available to an
owner of property under section 2553 or any other provision of
law.
``SUBCHAPTER C--CRIMINAL FORFEITURE
``Sec.
``2561. Offenses giving rise to criminal forfeiture.
``2562. Procedures for criminal forfeiture.
``Sec. 2561. Offenses giving rise to criminal forfeiture
``(a) Property Forfeited at Time of Sentence.--The court, when
imposing a sentence on a defendant convicted of an offense described in
subsection (b), shall order the defendant forfeit to the United States
all forfeitable property (as defined in section 37) related to the
offense.
``(b) Offenses for Which Criminal Forfeiture is To Be Ordered.--The
offenses for which criminal forfeiture shall occur under this section
are the following:
``(1) A violation of section 508, 1451, or 1452.
``(2) A violation of, or a conspiracy to violate--
``(A) section 644, 645, 773-775, 779, 801, 803, 804,
or 1003, affecting a financial institution;
``(B) section 614, 692-695, 697-702, 712, 717, 781,
783, 784, 861, 862, or 863;
``(C) section 654(a)(1) (relating to Federal program
fraud);
``(D) section 772 (relating to fraud and false
statements);
``(E) section 788 (relating to major fraud against
the United States);
``(F) section 789 (relating to concealment of assets
from conservator, receiver, or liquidating agent of
insured financial institution);
``(G) section 801 (relating to mail fraud); or
``(H) section 803 (relating to wire fraud),
involving the sale of assets acquired or held by the Resolution
Trust Corporation, the Federal Deposit Insurance Corporation,
as conservator or receiver for a financial institution or any
other conservator for a financial institution appointed by the
Office of the Comptroller of the Currency or the Office of
Thrift Supervision, or the National Credit Union
Administration, as conservator or liquidating agent for a
financial institution, shall order that the person forfeit to
the United States any property, real or personal, which
represents or is traceable to the gross receipts obtained,
directly or indirectly, as a result of such violation.
``(3) A violation of--
``(A) section 718 (altering or removing motor vehicle
identification numbers);
``(B) section 866 (importing or exporting stolen
motor vehicles);
``(C) section 671 (transporting stolen motor vehicles
in interstate commerce); or
``(D) section 672 (possessing or selling a stolen
motor vehicle that has moved in interstate commerce).
``(4) A violation of, or conspiracy to violate, section
274(a), 274A(a)(1), or 274A(a)(2) of the Immigration and
Nationality Act or sections 311-316 of this title, or a
violation of, or conspiracy to violate, section 783 of this
title if committed in connection with passport or visa issuance
or use.
``(5) A Federal health care offense.
``(6) A violation of section 783, 786, 801, 802, 807, or 804.
``(7) A violation of section 211, 212, 213, 221, or 222.
``(8) A violation of section 301, 302, 303, or 320.
``(9) A violation of chapter 17.
``(10) A violation of section 631.
``(11) A violation of section 783, 786, or 794.
``(12) A violation of section 1307.
``(13) A violation of subchapter C of chapter 35.
``(14) A violations or a conspiracy to violate section 787.
``(15) A violation of 506 of title 17, or section 675, 676,
678, 679, 680, or subcahpter C of chapter 35.
``Sec. 2562. Procedures for criminal forfeiture
``(a) Application of Procedures.--Unless otherwise provided by law,
the procedures set forth in this section govern any criminal forfeiture
under a law of the United States.
``(b) Third Party Transfers.--All right, title, and interest in
forfeitable vests in the United States upon the commission of the act
giving rise to forfeiture under this subchapter. Any such property that
is subsequently transferred to a person other than the defendant may be
the subject of a special verdict of forfeiture and thereafter shall be
ordered forfeited to the United States, unless the transferee
establishes in a hearing pursuant to subsection (n) that the transferee
is a bona fide purchaser for value of such property who at the time of
purchase was reasonably without cause to believe that the property was
subject to forfeiture under this section.
``(c) Rebuttable Presumption.--There is a rebuttable presumption at
trial that any property of a person convicted of a felony under chapter
17 is subject to forfeiture under this section if the United States
establishes by a preponderance of the evidence that--
``(1) such property was acquired by such person during the
period of the violation or within a reasonable time after such
period; and
``(2) there was no likely source for such property other than
the violation
``(d) Protective Orders.--
``(1) When issued.--Upon application of the United States,
the court may enter a restraining order or injunction, require
the execution of a satisfactory performance bond, or take any
other action to preserve the availability of property for
forfeiture under this section--
``(A) upon the filing of an indictment or information
charging a violation for which criminal forfeiture may
be ordered under this section and alleging that the
property with respect to which the order is sought
would, in the event of conviction, be subject to
forfeiture under this section; or
``(B) prior to the filing of such an indictment or
information, if, after notice to persons appearing to
have an interest in the property and opportunity for a
hearing, the court determines that--
``(i) there is a substantial probability that
the United States will prevail on the issue of
forfeiture and that failure to enter the order
will result in the property being destroyed,
removed from the jurisdiction of the court, or
otherwise made unavailable for forfeiture; and
``(ii) the need to preserve the availability
of the property through the entry of the
requested order outweighs the hardship on any
party against whom the order is to be entered.
``(2) Length.--An order entered pursuant to paragraph (1)(B)
shall be effective for not more than 90 days, unless extended
by the court for good cause shown or unless an indictment or
information described in paragraph (1)(A) has been filed.
``(3) Ex parte.--A temporary restraining order under this
subsection may be entered upon application of the United States
without notice or opportunity for a hearing when an information
or indictment has not yet been filed with respect to the
property, if the United States demonstrates that there is
probable cause to believe that the property with respect to
which the order is sought would, in the event of conviction, be
subject to forfeiture under this section and that provision of
notice will jeopardize the availability of the property for
forfeiture. Such a temporary order shall expire not more than
ten days after the date on which it is entered, unless extended
for good cause shown or unless the party against whom it is
entered consents to an extension for a longer period. A hearing
requested concerning an order entered under this paragraph
shall be held at the earliest possible time and prior to the
expiration of the temporary order.
``(4) Evidence.--The court may receive and consider, at a
hearing held pursuant to this subsection, evidence and
information that would be inadmissible under the Federal Rules
of Evidence.
``(5) Order to repatriate and deposit.--
``(A) In general.--Pursuant to its authority to enter
a pretrial restraining order under this section, the
court may order a defendant to repatriate any property
that may be seized and forfeited, and to deposit that
property pending trial in the registry of the court, or
with the United States Marshals Service or the
Secretary of the Treasury, in an interest-bearing
account, if appropriate.
``(B) Failure to comply.--Failure to comply with an
order under this subsection, or an order to repatriate
property under subsection (o), shall be punishable as a
civil or criminal contempt of court, and may also
result in an enhancement of the sentence of the
defendant under the obstruction of justice provision of
the Federal Sentencing Guidelines.
``(e) Warrant of Seizure.--The Government may request the issuance of
a warrant authorizing the seizure of property subject to forfeiture
under this section in the same manner as provided for a search warrant.
If the court determines that there is probable cause to believe that
the property to be seized would, in the event of conviction, be subject
to forfeiture and that an order under subsection (d) may not be
sufficient to assure the availability of the property for forfeiture,
the court shall issue a warrant authorizing the seizure of such
property.
``(f) Execution.--Upon entry of an order of forfeiture under this
section, the court shall authorize the Attorney General to seize all
property ordered forfeited upon such terms and conditions as the court
shall deem proper. Following entry of an order declaring the property
forfeited, the court may, upon application of the United States, enter
such appropriate restraining orders or injunctions, require the
execution of satisfactory performance bonds, appoint receivers,
conservators, appraisers, accountants, or trustees, or take any other
action to protect the interest of the United States in the property
ordered forfeited. Any income accuring to or derived from property
ordered forfeited under this section may be used to offset ordinary and
necessary expenses to the property which are required by law, or which
are necessary to protect the interests of the United States or third
parties.
``(g) Disposition of Property.--Following the seizure of property
ordered forfeited under this section, the Attorney General shall direct
the disposition of the property by sale of any other any other
commercially feasible means, making due provision for the rights of any
innocent persons. Any property right or interest not exercisable by, or
transferable for value to, the United States shall expire and shall not
revert to the defendant, nor shall the defendant or any person acting
in concert with or on the behalf of the defendant be eligible to
purchase forfeited property at any sale held by the United States. Upon
application of a person, other than the defendant or a person acting in
concert with or on the behalf of the defendant, the court may restrain
or stay the sale or disposition of the property pending the conclusion
of any appeal of the criminal case giving rise to the forfeiture, if
the applicant demonstrates that proceeding with the sale or disposition
of the property will result in irreparable injury, harm, or loss to the
applicant.
``(h) Authority of the Attorney General.--With respect to property
ordered forfeited under this section, the Attorney General is
authorized to--
``(1) grant petitions for mitigation or remission of
forfeiture, restore forfeited property to victims of a
violation, or take any other action to protect the rights of
innocent persons which is in the interest of justice and which
is not inconsistent with the provisions of this section;
``(2) compromise claims arising under this section;
``(3) award compensation to persons providing information
resulting in a forfeiture under this section;
``(4) direct the disposition by the United States, in
accordance with section 511(e) of the Controlled Substances
Act, of all property ordered forfeited under this section by
public sale or any other commercially feasible means, making
due provision for the rights of innocent persons; and
``(5) take appropriate measures necessary to safeguard and
maintain property ordered forfeited under this section pending
its disposition.
``(i) Applicability of Civil Forfeiture Provisions.--Except to the
extent that they are inconsistent with this section, section 511(d) of
the Controlled Substances Act applies to a criminal forfeiture under
this section.
``(j) Bar on Intervention.--Except as provided in subsection (m), no
party claiming an interest in property subject to forfeiture under this
section may--
``(1) intervene in a trial or appeal of a criminal case
involving the forfeiture of such property under this section;
or
``(2) commence an action at law or equity against the United
States concerning the validity of his alleged interest in the
property subsequent to the filing of an indictment or
information alleging that the property in subject to forfeiture
under this section.
``(k) Jurisdiction To Enter Orders.--The district courts of the
United States shall have jurisdiction to enter orders as provided in
this section without regard to the location of any property which may
be subject to forfeiture under this section or which has been ordered
forfeited under this section.
``(l) Depositions.--In order to facilitate the identification and
location of property declared forfeited and to facilitate the
disposition of petitions for remission or mitigation of forfeiture,
after the entry of an order declaring property forfeited to the United
States, the court may, upon application of the United States, order
that the testimony of any witness relating to the property forfeited be
taken by deposition and that any designated book, paper, document,
record, recording, or other material not privileged be produced at the
same time any place, in the same manner as provided for the taking of
depositions under Rule 15 of the Federal Rules of Criminal Procedure.
``(m) Third Party Interests.--(1) Following the entry of an order of
forfeiture under this section, the United States shall publish notice
of the order and of its intent to dispose of the property in such
manner as the Attorney General may direct. The Government may also, to
the extent practicable, provide direct written notice to any person
known to have alleged an interest in the property that is the subject
of the order of forfeiture as a substitute for published notice as to
those persons so notified.
``(2) Any person, other than the defendant, asserting a legal
interest in property which has been ordered forfeited to the United
States pursuant to this section may, within thirty days of the final
publication of notice or his receipt of notice under paragraph (1),
whichever is earlier, petition the court for a hearing to adjudicate
the validity of his alleged interest in the property. The hearing shall
be held before the court alone, without a jury.
``(3) The petition shall be signed by the petitioner under penalty of
perjury and shall set forth the nature and extent of the petitioner's
right, title, or interest in the property, the time and circumstances
of the petitioner's acquisition of the right, title, or interest in the
property, and additional facts supporting the petitioner's claim, and
the relief sought.
``(4) The hearing on the petition shall, to the extent practicable
and consistent with the interests of justice, be held within thirty
days of the filing of the petition. The court may consolidate the
hearing on the petition with a hearing on any other petition filed by a
person other than the defendant under this subsection.
``(5) At the hearing, the petitioner may testify and present evidence
and witnesses on his own behalf, and cross-examine witnesses who appear
at the hearing. The United States may present evidence and witnesses in
rebuttal and in defense of this claim to the property and cross-examine
witnesses who appear at the hearing, the court shall consider the
relevant portions of the record of the criminal case which resulted in
the order of forfeiture.
``(6) If, after the hearing, the court determines that the petitioner
has established by a preponderance of the evidence that--
``(A) the petitioner has a legal right, title, or interest in
the property, and such right, title, or interest renders the
order of forfeiture invalid in whole or in part because the
right, title, or interest was vested in the petitioner rather
than the defendant or was superior to any right, title, or
interest of the defendant at the time of the commission of the
acts which gave rise to the forfeiture of the property under
the section; or
``(B) the petitioner is a bona fide purchaser for value of
the right, title, or interest in the property and was at the
time of purchase reasonably without cause to believe that the
property was subject to forfeiture under this section;
the court shall amend the order of forfeiture in accordance with its
determination.
``(7) Following the court's disposition of all petitions filed under
this subsection, or if no such petitions are filed following the
expiration of the period provided in paragraph (2) for the filing of
such petitions, the United States shall have clear title to property
that is the subject of the order of forfeiture and may warrant good
title to any subsequent purchaser or transferee.
``(n) Rule of Construction.--This section shall be liberally
construed to effectuate its remedial purposes.
``(o) Forfeiture of Substitute Property.--
``(1) In general.--Paragraph (2) of this subsection shall
apply, if any property described in subsection (a), as a result
of any act or omission of the defendant--
``(A) cannot be located upon the exercise of due
diligence;
``(B) has been transferred or sold to, or deposited
with, a third party;
``(C) has been placed beyond the jurisdiction of the
court;
``(D) has been substantially diminished in value; or
``(E) has been commingled with other property which
cannot be divided without difficulty.
``(2) Substitute property.--In any case described in any of
subparagraphs (A) through (E) of paragraph (1), the court shall
order the forfeiture of any other property of the defendant, up
to the value of any property described in subparagraphs (A)
through (E) of paragraph (1), as applicable.
``(3) Return of property to jurisdiction.--In the case of
property described in paragraph (1)(C), the court may, in
addition to any other action authorized by this subsection,
order the defendant to return the property to the jurisdiction
of the court so that the property may be seized and forfeited.
``(4) Limitation.--This subsection shall not be used to order
a defendant to forfeit assets in place of the actual property
laundered where such defendant acted merely as an intermediary
who handled but did not retain the property in the course of
the money laundering offense unless the defendant, in
committing the offense or offenses giving rise to the
forfeiture, conducted three or more separate transactions
involving a total of $100,000 or more in any twelve month
period.
``(p) Special Restitution.--The court, when sentencing a defendant
convicted of an offense under chapter 17 involving the manufacture, the
possession, or the possession with intent to distribute, of amphetamine
or methamphetamine, shall--
``(1) order restitution as provided in sections 3612 and
3664;
``(2) order the defendant to reimburse the United States, the
State or local government concerned, or both the United States
and the State or local government concerned for the costs
incurred by the United States or the State or local government
concerned, as the case may be, for the cleanup associated with
the manufacture of amphetamine or methamphetamine by the
defendant, or on premises or in property that the defendant
owns, resides, or does business in; and
``(3) order restitution to any person injured as a result of
the offense as provided in section 3663A.''.
SEC. 3. CONFORMING REPEALS.
(a) Controlled Substances Act.--The Controlled Substances Act is
amended by striking all of the sections in part D, except sections 412
(relating to application of treaties and other international
agreements) and 421 (relating to denial of Federal benefits to drug
traffickers and possessors).
(b) Controlled Substances Import and Export Act.--The Controlled
Substances Import and Export Act is amended by striking sections 1002
(relating to importation of controlled substances) and 1003
(exportation of controlled substances).
(c) Atomic Energy Act of 1954.--The Atomic Energy Act of 1954 is
amended--
(1) by striking sections 92, 221, 224, 225, 226, 227, and
235;
(2) by striking subsections a. and b. of section 57;
(3) in section 222 a., by striking ``57 or''; and
(4) by striking subsection b. of section 222.
(d) Additional Conforming Repeals.--Not later than 180 days after
the date of the enactment of this Act, the Attorney General shall
submit to Congress proposed legislation repealing additional provisions
of law that have been rendered superfluous by the enactment of this
Act.
SEC. 4. CROSS REFERENCES.
Not later than 180 days after the date of the enactment of this
Act, the Attorney General shall submit to Congress proposed legislation
correcting cross references in other laws to provisions of law that
have been amended or repealed by this Act.
SEC. 5. SUNSET OF PROVISION RELATING TO FOREIGN INTELLIGENCE
SURVEILLANCE ACT OF 1978.
Effective December 31, 2012, except as provided by section 404 of
the FISA Amendments Act of 2008, section 1492(b)(1)(B)(ii) of title 18,
United States Code, is amended by striking ``or a court order pursuant
to section 704 of the Foreign Intelligence Surveillance Act of 1978''.
SEC. 6. REENACTMENT OUTSIDE TITLE 18 OF FORMER SECTION 2258A (RELATING
TO REPORTING REQUIREMENTS OF ELECTRONIC COMMUNICATION
SERVICE PROVIDERS AND REMOTE COMPUTING SERVICE
PROVIDERS).
(a) Duty To Report.--
(1) In general.--Whoever, while engaged in providing an
electronic communication service or a remote computing service
to the public through a facility or means of interstate or
foreign commerce, obtains actual knowledge of any facts or
circumstances described in paragraph (2) shall, as soon as
reasonably possible--
(A) provide to the CyberTipline of the National
Center for Missing and Exploited Children, or any
successor to the CyberTipline operated by such center,
the mailing address, telephone number, facsimile
number, electronic mail address of, and individual
point of contact for, such electronic communication
service provider or remote computing service provider;
and
(B) make a report of such facts or circumstances to
the CyberTipline, or any successor to the CyberTipline
operated by such center.
(2) Facts or circumstances.--The facts or circumstances
described in this paragraph are any facts or circumstances from
which there is an apparent violation of--
(A) section 221, 222, 223, or 224 that involves
child pornography; or
(B) section 1445.
(b) Contents of Report.--To the extent the information is within
the custody or control of an electronic communication service provider
or a remote computing service provider, the facts and circumstances
included in each report under subsection (a)(1) may include the
following information:
(1) Information about the involved individual.--Information
relating to the identity of any individual who appears to have
violated a Federal law described in subsection (a)(2), which
may, to the extent reasonably practicable, include the
electronic mail address, Internet Protocol address, uniform
resource locator, or any other identifying information,
including self-reported identifying information.
(2) Historical reference.--Information relating to when and
how a customer or subscriber of an electronic communication
service or a remote computing service uploaded, transmitted, or
received apparent child pornography or when and how apparent
child pornography was reported to, or discovered by the
electronic communication service provider or remote computing
service provider, including a date and time stamp and time
zone.
(3) Geographic location information.--
(A) In general.--Information relating to the
geographic location of the involved individual or
website, which may include the Internet Protocol
address or verified billing address, or, if not
reasonably available, at least 1 form of geographic
identifying information, including area code or zip
code.
(B) Inclusion.--The information described in
subparagraph (A) may also include any geographic
information provided to the electronic communication
service or remote computing service by the customer or
subscriber.
(4) Images of apparent child pornography.--Any image of
apparent child pornography relating to the incident such report
is regarding.
(5) Complete communication.--The complete communication
containing any image of apparent child pornography, including--
(A) any data or information regarding the
transmission of the communication; and
(B) any images, data, or other digital files
contained in, or attached to, the communication.
(c) Forwarding of Report to Law Enforcement.--
(1) In general.--The National Center for Missing and
Exploited Children shall forward each report made under
subsection (a)(1) to any appropriate law enforcement agency
designated by the Attorney General under subsection (d)(2).
(2) State and local law enforcement.--The National Center
for Missing and Exploited Children may forward any report made
under subsection (a)(1) to an appropriate law enforcement
official of a State or political subdivision of a State for the
purpose of enforcing State criminal law.
(3) Foreign law enforcement.--
(A) In general.--The National Center for Missing
and Exploited Children may forward any report made
under subsection (a)(1) to any appropriate foreign law
enforcement agency designated by the Attorney General
under subsection (d)(3), subject to the conditions
established by the Attorney General under subsection
(d)(3).
(B) Transmittal to designated federal agencies.--If
the National Center for Missing and Exploited Children
forwards a report to a foreign law enforcement agency
under subparagraph (A), the National Center for Missing
and Exploited Children shall concurrently provide a
copy of the report and the identity of the foreign law
enforcement agency to--
(i) the Attorney General; or
(ii) the Federal law enforcement agency or
agencies designated by the Attorney General
under subsection (d)(2).
(d) Attorney General Responsibilities.--
(1) In general.--The Attorney General shall enforce this
section.
(2) Designation of federal agencies.--The Attorney General
shall designate promptly the Federal law enforcement agency or
agencies to which a report shall be forwarded under subsection
(c)(1).
(3) Designation of foreign agencies.--The Attorney General
shall promptly--
(A) in consultation with the Secretary of State,
designate the foreign law enforcement agencies to which
a report may be forwarded under subsection (c)(3);
(B) establish the conditions under which such a
report may be forwarded to such agencies; and
(C) develop a process for foreign law enforcement
agencies to request assistance from Federal law
enforcement agencies in obtaining evidence related to a
report referred under subsection (c)(3).
(4) Reporting designated foreign agencies.--The Attorney
General shall maintain and make available to the Department of
State, the National Center for Missing and Exploited Children,
electronic communication service providers, remote computing
service providers, the Committee on the Judiciary of the
Senate, and the Committee on the Judiciary of the House of
Representatives a list of the foreign law enforcement agencies
designated under paragraph (3).
(5) Sense of congress regarding designation of foreign
agencies.--It is the sense of Congress that--
(A) combating the international manufacturing,
possession, and trade in online child pornography
requires cooperation with competent, qualified, and
appropriately trained foreign law enforcement agencies;
and
(B) the Attorney General, in cooperation with the
Secretary of State, should make a substantial effort to
expand the list of foreign agencies designated under
paragraph (3).
(6) Notification to providers.--If an electronic
communication service provider or remote computing service
provider notifies the National Center for Missing and Exploited
Children that the electronic communication service provider or
remote computing service provider is making a report under this
section as the result of a request by a foreign law enforcement
agency, the National Center for Missing and Exploited Children
shall--
(A) if the Center forwards the report to the
requesting foreign law enforcement agency or another
agency in the same country designated by the Attorney
General under paragraph (3), notify the electronic
communication service provider or remote computing
service provider of--
(i) the identity of the foreign law
enforcement agency to which the report was
forwarded; and
(ii) the date on which the report was
forwarded; or
(B) notify the electronic communication service
provider or remote computing service provider if the
Center declines to forward the report because the
Center, in consultation with the Attorney General,
determines that no law enforcement agency in the
foreign country has been designated by the Attorney
General under paragraph (3).
(e) Failure To Report.--An electronic communication service
provider or remote computing service provider that knowingly and
willfully fails to make a report required under subsection (a)(1) shall
be fined--
(1) in the case of an initial knowing and willful failure
to make a report, not more than $150,000; and
(2) in the case of any second or subsequent knowing and
willful failure to make a report, not more than $300,000.
(f) Protection of Privacy.--Nothing in this section shall be
construed to require an electronic communication service provider or a
remote computing service provider to--
(1) monitor any user, subscriber, or customer of that
provider;
(2) monitor the content of any communication of any person
described in paragraph (1); or
(3) affirmatively seek facts or circumstances described in
subsections (a) and (b).
(g) Conditions of Disclosure Information Contained Within Report.--
(1) In general.--Except as provided in paragraph (2), a law
enforcement agency that receives a report under subsection (c)
shall not disclose any information contained in that report.
(2) Permitted disclosures by law enforcement.--
(A) In general.--A law enforcement agency may
disclose information in a report received under
subsection (c)--
(i) to an attorney for the government for
use in the performance of the official duties
of that attorney;
(ii) to such officers and employees of that
law enforcement agency, as may be necessary in
the performance of their investigative and
recordkeeping functions;
(iii) to such other government personnel
(including personnel of a State or subdivision
of a State) as are determined to be necessary
by an attorney for the government to assist the
attorney in the performance of the official
duties of the attorney in enforcing Federal
criminal law;
(iv) if the report discloses a violation of
State criminal law, to an appropriate official
of a State or subdivision of a State for the
purpose of enforcing such State law;
(v) to a defendant in a criminal case or
the attorney for that defendant, subject to the
terms and limitations under section 3509(m) of
title 18, United States Code, or a similar
State law, to the extent the information
relates to a criminal charge pending against
that defendant;
(vi) subject to subparagraph (B), to an
electronic communication service provider or
remote computing provider if necessary to
facilitate response to legal process issued in
connection to a criminal investigation,
prosecution, or post-conviction remedy relating
to that report; and
(vii) as ordered by a court upon a showing
of good cause and pursuant to any protective
orders or other conditions that the court may
impose.
(B) Limitations.--
(i) Limitations on further disclosure.--The
electronic communication service provider or
remote computing service provider shall be
prohibited from disclosing the contents of a
report provided under subparagraph (A)(vi) to
any person, except as necessary to respond to
the legal process.
(ii) Effect.--Nothing in subparagraph
(A)(vi) authorizes a law enforcement agency to
provide child pornography images to an
electronic communications service provider or a
remote computing service.
(3) Permitted disclosures by the national center for
missing and exploited children.--The National Center for
Missing and Exploited Children may disclose information
received in a report under subsection (a) only--
(A) to any Federal law enforcement agency
designated by the Attorney General under subsection
(d)(2);
(B) to any State, local, or tribal law enforcement
agency involved in the investigation of child
pornography, child exploitation, kidnapping, or
enticement crimes;
(C) to any foreign law enforcement agency
designated by the Attorney General under subsection
(d)(3); and
(D) to an electronic communication service provider
or remote computing service provider as described in
section 8.
(h) Preservation.--
(1) In general.--For the purposes of this section, the
notification to an electronic communication service provider or
a remote computing service provider by the CyberTipline of
receipt of a report under subsection (a)(1) shall be treated as
a request to preserve, as if such request was made pursuant to
section 2703(f) of title 18, United States Code.
(2) Preservation of report.--Pursuant to paragraph (1), an
electronic communication service provider or a remote computing
service shall preserve the contents of the report provided
pursuant to subsection (b) for 90 days after such notification
by the CyberTipline.
(3) Preservation of commingled images.--Pursuant to
paragraph (1), an electronic communication service provider or
a remote computing service shall preserve any images, data, or
other digital files that are commingled or interspersed among
the images of apparent child pornography within a particular
communication or user-created folder or directory.
(4) Protection of preserved materials.--An electronic
communications service or remote computing service preserving
materials under this section shall maintain the materials in a
secure location and take appropriate steps to limit access by
agents or employees of the service to the materials to that
access necessary to comply with the requirements of this
subsection.
(5) Authorities and duties not affected.--Nothing in this
section shall be construed as replacing, amending, or otherwise
interfering with the authorities and duties under section 2703
of title 18, United States Code.
SEC. 7. REENACTMENT OUTSIDE TITLE 18 OF FORMER SECTION 2258B (RELATING
TO LIMITED LIABILITY FOR ELECTRONIC COMMUNICATION SERVICE
PROVIDERS, REMOTE COMPUTING SERVICE PROVIDERS, OR DOMAIN
NAME REGISTRAR).
(a) In General.--Except as provided in subsection (b), a civil
claim or criminal charge against an electronic communication service
provider, a remote computing service provider, or domain name
registrar, including any director, officer, employee, or agent of such
electronic communication service provider, remote computing service
provider, or domain name registrar arising from the performance of the
reporting or preservation responsibilities of such electronic
communication service provider, remote computing service provider, or
domain name registrar under this section, section 6, or section 8 may
not be brought in any Federal or State court.
(b) Intentional, Reckless, or Other Misconduct.--Subsection (a)
shall not apply to a claim if the electronic communication service
provider, remote computing service provider, or domain name registrar,
or a director, officer, employee, or agent of that electronic
communication service provider, remote computing service provider, or
domain name registrar--
(1) engaged in intentional misconduct; or
(2) acted, or failed to act--
(A) with actual malice;
(B) with reckless disregard to a substantial risk
of causing physical injury without legal justification;
or
(C) for a purpose unrelated to the performance of
any responsibility or function under this section,
sections 6, or 8 or under section 2702 or 2703 of title
18, United States Code.
(c) Minimizing Access.--An electronic communication service
provider, a remote computing service provider, and domain name
registrar shall--
(1) minimize the number of employees that are provided
access to any image provided under section 6 or 8; and
(2) ensure that any such image is permanently destroyed,
upon a request from a law enforcement agency to destroy the
image.
SEC. 8. REENACTMENT OUTSIDE TITLE 18 OF FORMER SECTION 2258C (RELATING
TO USE TO COMBAT CHILD PORNOGRAPHY OF TECHNICAL ELEMENTS
RELATING TO IMAGES REPORTED TO THE CYBERTIPLINE).
(a) Elements.--
(1) In general.--The National Center for Missing and
Exploited Children may provide elements relating to any
apparent child pornography image of an identified child to an
electronic communication service provider or a remote computing
service provider for the sole and exclusive purpose of
permitting that electronic communication service provider or
remote computing service provider to stop the further
transmission of images.
(2) Inclusions.--The elements authorized under paragraph
(1) may include hash values or other unique identifiers
associated with a specific image, Internet location of images,
and other technological elements that can be used to identify
and stop the transmission of child pornography.
(3) Exclusion.--The elements authorized under paragraph (1)
may not include the actual images.
(b) Use by Electronic Communication Service Providers and Remote
Computing Service Providers.--Any electronic communication service
provider or remote computing service provider that receives elements
relating to any apparent child pornography image of an identified child
from the National Center for Missing and Exploited Children under this
section may use such information only for the purposes described in
this section, provided that such use shall not relieve that electronic
communication service provider or remote computing service provider
from its reporting obligations under section 6.
(c) Limitations.--Nothing in subsections (a) or (b) requires
electronic communication service providers or remote computing service
providers receiving elements relating to any apparent child pornography
image of an identified child from the National Center for Missing and
Exploited Children to use the elements to stop the further transmission
of the images.
(d) Provision of Elements to Law Enforcement.--The National Center
for Missing and Exploited Children shall make available to Federal,
State, and local law enforcement involved in the investigation of child
pornography crimes elements, including hash values, relating to any
apparent child pornography image of an identified child reported to the
National Center for Missing and Exploited Children.
(e) Use by Law Enforcement.--Any Federal, State, or local law
enforcement agency that receives elements relating to any apparent
child pornography image of an identified child from the National Center
for Missing and Exploited Children under subsection (d) may use such
elements only in the performance of the official duties of that agency
to investigate child pornography crimes.
SEC. 9. REENACTMENT OUTSIDE TITLE 18 OF FORMER SECTION 2258D (RELATING
TO LIMITED LIABILITY FOR THE NATIONAL CENTER FOR MISSING
AND EXPLOITED CHILDREN).
(a) In General.--Except as provided in subsections (b) and (c), a
civil claim or criminal charge against the National Center for Missing
and Exploited Children, including any director, officer, employee, or
agent of such center, arising from the performance of the CyberTipline
responsibilities or functions of such center, as described in this
section, section 6 or 8, or section 404 of the Missing Children's
Assistance Act (42 U.S.C. 5773), or from the effort of such center to
identify child victims may not be brought in any Federal or State
court.
(b) Intentional, Reckless, or Other Misconduct.--Subsection (a)
shall not apply to a claim or charge if the National Center for Missing
and Exploited Children, or a director, officer, employee, or agent of
such center--
(1) engaged in intentional misconduct; or
(2) acted, or failed to act--
(A) with actual malice;
(B) with reckless disregard to a substantial risk
of causing injury without legal justification; or
(C) for a purpose unrelated to the performance of
any responsibility or function under this section,
section 6 or 8, or section 404 of the Missing
Children's Assistance Act (42 U.S.C. 5773).
(c) Ordinary Business Activities.--Subsection (a) shall not apply
to an act or omission relating to an ordinary business activity,
including general administration or operations, the use of motor
vehicles, or personnel management.
(d) Minimizing Access.--The National Center for Missing and
Exploited Children shall--
(1) minimize the number of employees that are provided
access to any image provided under section 6; and
(2) ensure that any such image is permanently destroyed
upon notification from a law enforcement agency.
SEC. 10. REENACTMENT OUTSIDE TITLE 18 OF FORMER SECTION 2258E (RELATING
TO DEFINITIONS).
In sections 6 through 9--
(1) the terms ``attorney for the government'' and ``State''
have the meanings given those terms in rule 1 of the Federal
Rules of Criminal Procedure;
(2) the term ``electronic communication service'' has the
meaning given that term in section 2510 of title 18, United
States Code;
(3) the term ``electronic mail address'' has the meaning
given that term in section 3 of the CAN-SPAM Act of 2003 (15
U.S.C. 7702);
(4) the term ``Internet'' has the meaning given that term
in section 1101 of the Internet Tax Freedom Act (47 U.S.C. 151
note);
(5) the term ``remote computing service'' has the meaning
given that term in section 2711 of title 18, United States
Code; and
(6) the term ``website'' means any collection of material
placed in a computer server-based file archive so that it is
publicly accessible, over the Internet, using hypertext
transfer protocol or any successor protocol.
SEC. 11. TRANSFER TO PART II OF TITLE 18, UNITED STATES CODE, OF
CERTAIN PROCEDURAL AND RELATED PROVISIONS.
(a) Part II of title 18, United States Code, is amended by
inserting after chapter 206 the following:
``CHAPTER 206A--PROCEDURAL AND RELATED PROVISIONS PERTAINING TO
INTERCEPTION OF COMMUNICATIONS
``Sec.
``3119. Prohibition of use as evidence of intercepted wire or oral
communications.
``3119A. Authorization for interception of wire, oral, or electronic
communications.
``3119B. Authorization for disclosure and use of intercepted wire,
oral, or electronic communications.
``3119C. Procedure for interception of wire, oral, or electronic
communications.
``3119D. Reports concerning intercepted wire, oral, or electronic
communications.
``3119E. Recovery of civil damages authorized.
``3119F. Injunction against illegal interception.
``3119G. Enforcement of the Communications Assistance for Law
Enforcement Act.
``3119H. Definitions.
``Sec. 3119. Prohibition of use as evidence of intercepted wire or oral
communications
``Whenever any wire or oral communication has been intercepted, no
part of the contents of such communication and no evidence derived
therefrom may be received in evidence in any trial, hearing, or other
proceeding in or before any court, grand jury, department, officer,
agency, regulatory body, legislative committee, or other authority of
the United States, a State, or a political subdivision thereof if the
disclosure of that information would be in violation of this chapter.
``Sec. 3119A. Authorization for interception of wire, oral, or
electronic communications
``(a) Federal Prosecutors.--The Attorney General, Deputy Attorney
General, Associate Attorney General, or any Assistant Attorney General,
any acting Assistant Attorney General, or any Deputy Assistant Attorney
General or acting Deputy Assistant Attorney General in the Criminal
Division specially designated by the Attorney General, may authorize an
application to a Federal judge of competent jurisdiction for, and such
judge may grant in conformity with section 3119C an order authorizing
or approving the interception of wire or oral communications by the
Federal Bureau of Investigation, or a Federal agency having
responsibility for the investigation of the offense as to which the
application is made, when such interception may provide or has provided
evidence of--
``(1) any felony offense under sections 271 through 275, or
under any of the following subchapters of this title:
subchapter C of chapter 10 (relating to kidnapping), subchapter
A of chapter 15 (relating to treason), subchapter E of chapter
15 (relating to espionage), subchapter E of chapter 21
(relating to biological weapons), subchapter N of chapter 29
(relating to malicious mischief), subchapter A of chapter 31
(relating to piracy), or subchapter C of chapter 35 (relating
to protection of trade secrets);
``(2) a violation of section 186 or section 501(c) of title
29, (dealing with restrictions on payments and loans to labor
organizations), or any offense which involves murder,
kidnapping, robbery, or extortion, and which is punishable
under this title;
``(3) any offense which is punishable under the following
sections of this title: sections 102, 112, 121, 131 (relating
to murder, assault, kidnapping, and threatening or retaliating
against a Federal official), section 123 (relating to hostage
taking), , sections 211, 212, 213 and 214 (relating to
transportation for illegal sexual activity and related crimes),
sections 221 (relating to sexual exploitation of children),
section 222 (relating to selling or buying of children),
section 223 (certain activities relating to materials involving
the sexual exploitation of children and child pornography),
section 311 (relating to false statements in passport
applications), section 312 (relating to forgery or false use of
passports), section 313 (relating to misuse of passports), or
section 314 (relating to fraud and misuse of visas, permits,
and other documents), section 315 (relating to the procurement
of citizenship or nationalization unlawfully), section 316
(relating to the sale of naturalization or citizenship papers),
section 501 (interference with commerce by threats or
violence), section 502 (interstate and foreign travel or
transportation in aid of racketeering enterprises), 504 (offer,
acceptance, or solicitation to influence operations of employee
benefit plan), section 505 (prohibition of business enterprises
of gambling), section 506 (relating to use of interstate
commerce facilities in the commission of murder for hire),
section 507 (relating to violent crimes in aid of racketeering
activity), section section 513 (violations with respect to
racketeer influenced and corrupt organizations), section 547
(theft from interstate shipment), section 571 (relating to
arson), section 593 (relating to possesion of firearms and
dangerous weapons in Federal facilities), section 601 (relating
to prohibited transactions involving nuclear materials),
subsection (d), (e), (f), (g), (h), or (i) of section 614
(unlawful use of explosives), section 621 (relating to
biological weapons), section 624 (relating to variola virus),
section 651 (embezzlement from pension and welfare funds),
sections 671, 672, 673, and 674 (interstate transportation of
stolen property), section 682 (relating to trafficking in
certain motor vehicles or motor vehicle parts), section 779
(relating to loans and credit applications generally; renewals
and discounts), a felony violation of section 783 (relating to
production of false identification documentation), section 786
(relating to fraud and related activity in connection with
access devices), a felony violation of section 787 (relating to
computer fraud and abuse), section 801 (relating to mail
fraud), section 803 (fraud by wire, radio, or television),
section 804 (relating to bank fraud), section 924 (relating to
conspiracy to kill, kidnap, maim, or injure persons or damage
property in a foreign), section 991 (bribery of public
officials and witnesses), section 1003 (relating to bribery of
bank officials), section 1005 (bribery in sporting contests),
section 1071 (relating to escape), sections 1132, 1137, and
1138 (influencing or injuring an officer, juror, or witness
generally), section 1135 (obstruction of criminal
investigations), section 1136 (obstruction of State or local
law enforcement), section 1265 (sex trafficking of children by
force, fraud, or coercion), section 1291 (relating to torture);
section 1301 (relating to destruction of aircraft or aircraft
facilities), 1306 (relating to violence at international
airports), section 1307 (relating to aircraft parts fraud),
section 1302 (relating to destruction of motor vehicles or
motor vehicle facilities), section 1331 (relating to terrorist
attacks and other violence against railroad carriers and
against mass transportation systems on land, on water, or
through the air), section 1451 (laundering of monetary
instruments), section 1452 (relating to engaging in monetary
transactions in property derived from specified unlawful
activity), section 1445 (relating to child obscenity);
``(4) any offense involving counterfeiting punishable under
section 692, 693, or 694 of this title;
``(5) any offense involving fraud connected with a case under
title 11 or the manufacture, importation, receiving,
concealment, buying, selling, or otherwise dealing in narcotic
drugs, marihuana, or other dangerous drugs, punishable under
any law of the United States;
``(6) any offense including extortionate credit transactions
under sections 155, 156, or 157 of this title;
``(7) a violation of section 5322 (relating to the reporting
of currency transactions) or 5324 (relating to structuring
transactions to evade reporting requirement prohibited) of
title 31;
``(8) any felony violation of sections 1492 and 1493
(relating to interception and disclosure of certain
communications and to certain intercepting devices) of this
title;
``(9) any felony violation of subchapter F of chapter 35
(relating to obscenity) of this title;
``(10) any violation of section 60123(b) (relating to
destruction of a natural gas pipeline) or section 46502
(relating to aircraft piracy), the second sentence of section
46504 (relating to assault on a flight crew with 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) of title 49;
``(11) any criminal violation of section 2778 of title 22
(relating to the Arms Export Control Act);
``(12) the location of any fugitive from justice from an
offense described in this section;
``(13) the location of any fugitive from justice from an
offense described in this section;
``(14) a violation of section 274, 277, or 278 of the
Immigration and Nationality Act (8 U.S.C. 1324, 1327, or 1328)
(relating to the smuggling of aliens);
``(15) any felony violation of sections 582 and 584;
``(16) any violation of section 5861 of the Internal Revenue
Code of 1986 (relating to firearms);
``(17) a felony violation of section 783 (relating to
production of false identification documents), section 784
(relating to aggrivated identity theft), section 311 (relating
to false statements in passport applications), section 314
(relating to fraud and misuse of visas, permits, and other
documents) of this title or a violation of section 274, 277, or
278 of the Immigration and Nationality Act (relating to the
smuggling of aliens);
``(18) any criminal violation of section 631 (relating to
chemical weapons); or sections 271, 273, 274, 275, 276, 278,
279, or 280 of this title (relating to terrorism);
``(19) any criminal violation of section 1 (relating to
illegal restraints of trade or commerce), 2 (relating to
illegal monopolizing of trade or commerce), 3 (relating to
illegal restraints of trade or commerce in territories or the
District of Columbia) of the Sherman Act (15 U.S.C. 1, 2, 3);
or
``(20) any conspiracy to commit any offense described in any
subparagraph of this paragraph.
``(b) State Prosecutors.--The principal prosecuting attorney of any
State, or the principal prosecuting attorney of any political
subdivision thereof, if such attorney is authorized by a statute of
that State to make application to a State court judge of competent
jurisdiction for an order authorizing or approving the interception of
wire, oral, or electronic communications, may apply to such judge for,
and such judge may grant in conformity with section 2518 of this
chapter and with the applicable State statute an order authorizing, or
approving the interception of wire, oral, or electronic communications
by investigative or law enforcement officers having responsibility for
the investigation of the offense as to which the application is made,
when such interception may provide or has provided evidence of the
commission of the offense of murder, kidnapping, gambling, robbery,
bribery, extortion, or dealing in narcotic drugs, marihuana or other
dangerous drugs, or other crime dangerous to life, limb, or property,
and punishable by imprisonment for more than one year, designated in
any applicable State statute authorizing such interception, or any
conspiracy to commit any of the foregoing offenses.
``(c) Interception for Evidence of Federal Felonies.--Any attorney
for the Government (as such term is defined for the purposes of the
Federal Rules of Criminal Procedure) may authorize an application to a
Federal judge of competent jurisdiction for, and such judge may grant,
in conformity with section 3119C of this title, an order authorizing or
approving the interception of electronic communications by an
investigative or law enforcement officer having responsibility for the
investigation of the offense as to which the application is made, when
such interception may provide or has provided evidence of any Federal
felony.
``Sec. 3119B. Authorization for disclosure and use of intercepted wire,
oral, or electronic communications
``(a) Disclosure to Investigative or Law Enforcement Officers.--Any
investigative or law enforcement officer who, by any means authorized
by this chapter, has obtained knowledge of the contents of any wire,
oral, or electronic communication, or evidence derived therefrom, may
disclose such contents to another investigative or law enforcement
officer to the extent that such disclosure is appropriate to the proper
performance of the official duties of the officer making or receiving
the disclosure.
``(b) Use of Contents in Performance of Duties.--Any investigative or
law enforcement officer who, by any means authorized by this chapter,
has obtained knowledge of the contents of any wire, oral, or electronic
communication or evidence derived therefrom may use such contents to
the extent such use is appropriate to the proper performance of his
official duties.
``(c) Use of Contents in Testimony.--Any person who has received, by
any means authorized by this chapter, any information concerning a
wire, oral, or electronic communication, or evidence derived therefrom
intercepted in accordance with the provisions of this chapter may
disclose the contents of that communication or such derivative evidence
while giving testimony under oath or affirmation in any proceeding held
under the authority of the United States or of any State or political
subdivision thereof.
``(d) Privelaged Character.--No otherwise privileged wire, oral, or
electronic communication intercepted in accordance with, or in
violation of, this chapter shall lose its privileged character.
``(e) Offenses Other Than Those Specified in the Order.--When an
investigative or law enforcement officer, while engaged in intercepting
wire, oral, or electronic communications in the manner authorized
herein, intercepts wire, oral, or electronic communications relating to
offenses other than those specified in the order of authorization or
approval, the contents thereof, and evidence derived therefrom, may be
disclosed or used as provided in subsections (a) and (b). Such contents
and any evidence derived therefrom may be used under subsection (c)
when authorized or approved by a judge of competent jurisdiction where
such judge finds on subsequent application that the contents were
otherwise intercepted in accordance with this chapter. Such application
shall be made as soon as practicable.
``(f) Domestic Use of Intelligence and Counterintelligence
Information.--Any investigative or law enforcement officer, or attorney
for the Government, who by any means authorized by this chapter, has
obtained knowledge of the contents of any wire, oral, or electronic
communication, or evidence derived therefrom, may disclose such
contents to any other Federal law enforcement, intelligence,
protective, immigration, national defense, or national security
official to the extent that such contents include foreign intelligence
or counterintelligence (as defined in section 3 of the National
Security Act of 1947 (50 U.S.C. 401a)), or foreign intelligence
information (as defined in section 1491 of this title), to assist the
official who is to receive that information in the performance of his
official duties. Any Federal official who receives information pursuant
to this provision may use that information only as necessary in the
conduct of that person's official duties subject to any limitations on
the unauthorized disclosure of such information.
``(g) Foriegn Use of Intelligence and Counterintelligence
Information.--Any investigative or law enforcement officer, or other
Federal official in carrying out official duties as such Federal
official, who by any means authorized by this chapter, has obtained
knowledge of the contents of any wire, oral, or electronic
communication, or evidence derived therefrom, may disclose such
contents or derivative evidence to a foreign investigative or law
enforcement officer to the extent that such disclosure is appropriate
to the proper performance of the official duties of the officer making
or receiving the disclosure, and foreign investigative or law
enforcement officers may use or disclose such contents or derivative
evidence to the extent such use or disclosure is appropriate to the
proper performance of their official duties.
``(h) Disclosure for Public Safety Purposes.--Any investigative or
law enforcement officer, or other Federal official in carrying out
official duties as such Federal official, who by any means authorized
by this chapter, has obtained knowledge of the contents of any wire,
oral, or electronic communication, or evidence derived therefrom, may
disclose such contents or derivative evidence to any appropriate
Federal, State, local, or foreign government official to the extent
that such contents or derivative evidence reveals a threat of actual or
potential attack or other grave hostile acts of a foreign power or an
agent of a foreign power, domestic or international sabotage, domestic
or international terrorism, or clandestine intelligence gathering
activities by an intelligence service or network of a foreign power or
by an agent of a foreign power, within the United States or elsewhere,
for the purpose of preventing or responding to such a threat. Any
official who receives information pursuant to this provision may use
that information only as necessary in the conduct of that person's
official duties subject to any limitations on the unauthorized
disclosure of such information, and any State, local, or foreign
official who receives information pursuant to this provision may use
that information only consistent with such guidelines as the Attorney
General and Director of Central Intelligence shall jointly issue.
``Sec. 3119C. Procedure for interception of wire, oral, or electronic
communications
``(a) Application.--Each application for an order authorizing or
approving the interception of a wire, oral, or electronic communication
under this chapter shall be made in writing upon oath or affirmation to
a judge of competent jurisdiction and shall state the applicant's
authority to make such application. Each application shall include the
following information:
``(1) The identity of the investigative or law enforcement
officer making the application, and the officer authorizing the
application.
``(2) A full and complete statement of the facts and
circumstances relied upon by the applicant, to justify his
belief that an order should be issued, including (A) details as
to the particular offense that has been, is being, or is about
to be committed, (B) except as provided in subsection (11), a
particular description of the nature and location of the
facilities from which or the place where the communication is
to be intercepted, (C) a particular description of the type of
communications sought to be intercepted, (D) the identity of
the person, if known, committing the offense and whose
communications are to be intercepted.
``(3) A full and complete statement as to whether or not
other investigative procedures have been tried and failed or
why they reasonably appear to be unlikely to succeed if tried
or to be too dangerous.
``(4) A statement of the period of time for which the
interception is required to be maintained. If the nature of the
investigation is such that the authorization for interception
should not automatically terminate when the described type of
communication has been first obtained, a particular description
of facts establishing probable cause to believe that additional
communications of the same type will occur thereafter.
``(5) A full and complete statement of the facts concerning
all previous applications known to the individual authorizing
and making the application, made to any judge for authorization
to intercept, or for approval of interceptions of, wire, oral,
or electronic communications involving any of the same persons,
facilities or places specified in the application, and the
action taken by the judge on each such application.
``(6) Where the application is for the extension of an order,
a statement setting forth the results thus far obtained from
the interception, or a reasonable explanation of the failure to
obtain such results.
``(b) Additional Testimony or Documentary Evidence.--The judge may
require the applicant to furnish additional testimony or documentary
evidence in support of the application.
``(c) Ex Parte Order.--Upon such application the judge may enter an
ex parte order, as requested or as modified, authorizing or approving
interception of wire, oral, or electronic communications within the
territorial jurisdiction of the court in which the judge is sitting
(and outside that jurisdiction but within the United States in the case
of a mobile interception device authorized by a Federal court within
such jurisdiction), if the judge determines on the basis of the facts
submitted by the applicant that--
``(1) there is probable cause for belief that an individual
is committing, has committed, or is about to commit a
particular offense enumerated in section 3119A of this chapter;
``(2) there is probable cause for belief that particular
communications concerning that offense will be obtained through
such interception;
``(3) normal investigative procedures have been tried and
have failed or reasonably appear to be unlikely to succeed if
tried or to be too dangerous; and
``(4) except as provided in subsection (k), there is probable
cause for belief that the facilities from which, or the place
where, the wire, oral, or electronic communications are to be
intercepted are being used, or are about to be used, in
connection with the commission of such offense, or are leased
to, listed in the name of, or commonly used by such person.
``(d) Contents of Order.--Each order authorizing or approving the
interception of any wire, oral, or electronic communication under this
chapter shall specify--
``(1) the identity of the person, if known, whose
communications are to be intercepted;
``(2) the nature and location of the communications
facilities as to which, or the place where, authority to
intercept is granted;
``(3) a particular description of the type of communication
sought to be intercepted, and a statement of the particular
offense to which it relates;
``(4) the identity of the agency authorized to intercept the
communications, and of the person authorizing the application;
and
``(5) the period of time during which such interception is
authorized, including a statement as to whether or not the
interception shall automatically terminate when the described
communication has been first obtained.
An order authorizing the interception of a wire, oral, or electronic
communication under this chapter shall, upon request of the applicant,
direct that a provider of wire or electronic communication service,
landlord, custodian or other person shall furnish the applicant
forthwith all information, facilities, and technical assistance
necessary to accomplish the interception unobtrusively and with a
minimum of interference with the services that such service provider,
landlord, custodian, or person is according the person whose
communications are to be intercepted. Any provider of wire or
electronic communication service, landlord, custodian or other person
furnishing such facilities or technical assistance shall be compensated
therefor by the applicant for reasonable expenses incurred in providing
such facilities or assistance. Pursuant to section 2522 of this
chapter, an order may also be issued to enforce the assistance
capability and capacity requirements under the Communications
Assistance for Law Enforcement Act.
``(e) Limitations on Orders.--No order entered under this section may
authorize or approve the interception of any wire, oral, or electronic
communication for any period longer than is necessary to achieve the
objective of the authorization, nor in any event longer than thirty
days. Such thirty-day period begins on the earlier of the day on which
the investigative or law enforcement officer first begins to conduct an
interception under the order or ten days after the order is entered.
Extensions of an order may be granted, but only upon application for an
extension made in accordance with subsection (1) of this section and
the court making the findings required by subsection (3) of this
section. The period of extension shall be no longer than the
authorizing judge deems necessary to achieve the purposes for which it
was granted and in no event for longer than thirty days. Every order
and extension thereof shall contain a provision that the authorization
to intercept shall be executed as soon as practicable, shall be
conducted in such a way as to minimize the interception of
communications not otherwise subject to interception under this
chapter, and must terminate upon attainment of the authorized
objective, or in any event in thirty days. In the event the intercepted
communication is in a code or foreign language, and an expert in that
foreign language or code is not reasonably available during the
interception period, minimization may be accomplished as soon as
practicable after such interception. An interception under this chapter
may be conducted in whole or in part by Government personnel, or by an
individual operating under a contract with the Government, acting under
the supervision of an investigative or law enforcement officer
authorized to conduct the interception.
``(f) Reports to Issuing Judge.--Whenever an order authorizing
interception is entered pursuant to this chapter, the order may require
reports to be made to the judge who issued the order showing what
progress has been made toward achievement of the authorized objective
and the need for continued interception. Such reports shall be made at
such intervals as the judge may require.
``(g) Emergency Situations.--Notwithstanding any other provision of
this chapter, any investigative or law enforcement officer, specially
designated by the Attorney General, the Deputy Attorney General, the
Associate Attorney General, or by the principal prosecuting attorney of
any State or subdivision thereof acting pursuant to a statute of that
State, who reasonably determines that--
``(1) an emergency situation exists that involves--
``(A) immediate danger of death or serious physical
injury to any person,
``(B) conspiratorial activities threatening the
national security interest, or
``(C) conspiratorial activities characteristic of
organized crime,
that requires a wire, oral, or electronic communication to be
intercepted before an order authorizing such interception can,
with due diligence, be obtained, and
``(2) there are grounds upon which an order could be entered
under this chapter to authorize such interception,
may intercept such wire, oral, or electronic communication if an
application for an order approving the interception is made in
accordance with this section within forty-eight hours after the
interception has occurred, or begins to occur. In the absence of an
order, such interception shall immediately terminate when the
communication sought is obtained or when the application for the order
is denied, whichever is earlier. In the event such application for
approval is denied, or in any other case where the interception is
terminated without an order having been issued, the contents of any
wire, oral, or electronic communication intercepted shall be treated as
having been obtained in violation of this chapter, and an inventory
shall be served as provided for in subsection (d) of this section on
the person named in the application.
``(h) Recording of Interception.--(1) The contents of any wire, oral,
or electronic communication intercepted by any means authorized by this
chapter shall, if possible, be recorded on tape or wire or other
comparable device. The recording of the contents of any wire, oral, or
electronic communication under this subsection shall be done in such a
way as will protect the recording from editing or other alterations.
Immediately upon the expiration of the period of the order, or
extensions thereof, such recordings shall be made available to the
judge issuing such order and sealed under his directions. Custody of
the recordings shall be wherever the judge orders. They shall not be
destroyed except upon an order of the issuing or denying judge and in
any event shall be kept for ten years. Duplicate recordings may be made
for use or disclosure pursuant to the provisions of subsections (1) and
(2) of section 3119B of this chapter for investigations. The presence
of the seal provided for by this subsection, or a satisfactory
explanation for the absence thereof, shall be a prerequisite for the
use or disclosure of the contents of any wire, oral, or electronic
communication or evidence derived therefrom under subsection (3) of
section 3119B.
``(2) Applications made and orders granted under this chapter shall
be sealed by the judge. Custody of the applications and orders shall be
wherever the judge directs. Such applications and orders shall be
disclosed only upon a showing of good cause before a judge of competent
jurisdiction and shall not be destroyed except on order of the issuing
or denying judge, and in any event shall be kept for ten years.
``(3) Any violation of the provisions of this subsection may be
punished as contempt of the issuing or denying judge.
``(4) Within a reasonable time but not later than ninety days after
the filing of an application for an order of approval under section
3119C(7)(b) which is denied or the termination of the period of an
order or extensions thereof, the issuing or denying judge shall cause
to be served, on the persons named in the order or the application, and
such other parties to intercepted communications as the judge may
determine in his discretion that is in the interest of justice, an
inventory which shall include notice of--
``(A) the fact of the entry of the order or the application;
``(B) the date of the entry and the period of authorized,
approved or disapproved interception, or the denial of the
application; and
``(C) the fact that during the period wire, oral, or
electronic communications were or were not intercepted.
The judge, upon the filing of a motion, may in his discretion
make available to such person or his counsel for inspection
such portions of the intercepted communications, applications
and orders as the judge determines to be in the interest of
justice. On an ex parte showing of good cause to a judge of
competent jurisdiction the serving of the inventory required by
this subsection may be postponed.
``(i) Exclusion as Evidence.--The contents of any wire, oral, or
electronic communication intercepted pursuant to this chapter or
evidence derived therefrom shall not be received in evidence or
otherwise disclosed in any trial, hearing, or other proceeding in a
Federal or State court unless each party, not less than ten days before
the trial, hearing, or proceeding, has been furnished with a copy of
the court order, and accompanying application, under which the
interception was authorized or approved. This ten-day period may be
waived by the judge if he finds that it was not possible to furnish the
party with the above information ten days before the trial, hearing, or
proceeding and that the party will not be prejudiced by the delay in
receiving such information.
``(j) Move To Suppress.--(1) Any aggrieved person in any trial,
hearing, or proceeding in or before any court, department, officer,
agency, regulatory body, or other authority of the United States, a
State, or a political subdivision thereof, may move to suppress the
contents of any wire or oral communication intercepted pursuant to this
chapter, or evidence derived therefrom, on the grounds that--
``(A) the communication was unlawfully intercepted;
``(B) the order of authorization or approval under which it
was intercepted is insufficient on its face; or
``(C) the interception was not made in conformity with the
order of authorization or approval.
Such motion shall be made before the trial, hearing, or
proceeding unless there was no opportunity to make such motion
or the person was not aware of the grounds of the motion. If
the motion is granted, the contents of the intercepted wire or
oral communication, or evidence derived therefrom, shall be
treated as having been obtained in violation of this chapter.
The judge, upon the filing of such motion by the aggrieved
person, may in his discretion make available to the aggrieved
person or his counsel for inspection such portions of the
intercepted communication or evidence derived therefrom as the
judge determines to be in the interests of justice.
``(2) In addition to any other right to appeal, the United States
shall have the right to appeal from an order granting a motion to
suppress made under paragraph (1), or the denial of an application for
an order of approval, if the United States attorney shall certify to
the judge or other official granting such motion or denying such
application that the appeal is not taken for purposes of delay. Such
appeal shall be taken within thirty days after the date the order was
entered and shall be diligently prosecuted.
``(3) The remedies and sanctions described in this chapter with
respect to the interception of electronic communications are the only
judicial remedies and sanctions for nonconstitutional violations of
this chapter involving such communications.
``(k) Exception to Specification of Facility Requirements.--The
requirements of subsections (a)(2)(B) and (c)(4) relating to the
specification of the facilities from which, or the place where, the
communication is to be intercepted do not apply if--
``(1) in the case of an application with respect to the
interception of an oral communication--
``(A) the application is by a Federal investigative
or law enforcement officer and is approved by the
Attorney General, the Deputy Attorney General, the
Associate Attorney General, an Assistant Attorney
General, or an acting Assistant Attorney General;
``(B) the application contains a full and complete
statement as to why such specification is not practical
and identifies the person committing the offense and
whose communications are to be intercepted; and
``(C) the judge finds that such specification is not
practical; and
``(2) in the case of an application with respect to a wire or
electronic communication--
``(A) the application is by a Federal investigative
or law enforcement officer and is approved by the
Attorney General, the Deputy Attorney General, the
Associate Attorney General, an Assistant Attorney
General, or an acting Assistant Attorney General;
``(B) the application identifies the person believed
to be committing the offense and whose communications
are to be intercepted and the applicant makes a showing
that there is probable cause to believe that the
person's actions could have the effect of thwarting
interception from a specified facility;
``(C) the judge finds that such showing has been
adequately made; and
``(D) the order authorizing or approving the
interception is limited to interception only for such
time as it is reasonable to presume that the person
identified in the application is or was reasonably
proximate to the instrument through which such
communication will be or was transmitted.
``(l) Beginning of Certain Interceptions.--An interception of a
communication under an order with respect to which the requirements of
subsections (a)(2)(B) and (c)(4) of this section do not apply by reason
of subsection (k)(1) shall not begin until the place where the
communication is to be intercepted is ascertained by the person
implementing the interception order. A provider of wire or electronic
communications service that has received an order as provided for in
subsection (k)(2) may move the court to modify or quash the order on
the ground that its assistance with respect to the interception cannot
be performed in a timely or reasonable fashion. The court, upon notice
to the government, shall decide such a motion expeditiously.
``Sec. 3119D. Reports concerning intercepted wire, oral, or electronic
communications
``(a) 30 Days After Expiration of Order.--Within 30 days after the
expiration of an order (or each extension thereof) entered under
section 3119C, or the denial of an order approving an interception, the
issuing or denying judge shall report to the Administrative Office of
the United States Courts--
``(1) the fact that an order or extension was applied for;
``(2) the kind of order or extension applied for (including
whether or not the order was an order with respect to which the
requirements of sections 1498(1)(b)(ii) and 1498(3)(d) of this
title did not apply by reason of section 3119C(3)(d) of this
title);
``(3) the fact that the order or extension was granted as
applied for, was modified, or was denied;
``(4) the period of interceptions authorized by the order,
and the number and duration of any extensions of the order;
``(5) the offense specified in the order or application, or
extension of an order;
``(6) the identity of the applying investigative or law
enforcement officer and agency making the application and the
person authorizing the application; and
``(7) the nature of the facilities from which or the place
where communications were to be intercepted.
``(b) Annual Justice Department Report.--In January of each year the
Attorney General, an Assistant Attorney General specially designated by
the Attorney General, or the principal prosecuting attorney of a State,
or the principal prosecuting attorney for any political subdivision of
a State, shall report to the Administrative Office of the United States
Courts--
``(1) the information required by paragraphs (a) through (g)
of subsection (1) of this section with respect to each
application for an order or extension made during the preceding
calendar year;
``(2) a general description of the interceptions made under
such order or extension, including (i) the approximate nature
and frequency of incriminating communications intercepted, (ii)
the approximate nature and frequency of other communications
intercepted, (iii) the approximate number of persons whose
communications were intercepted, (iv) the number of orders in
which encryption was encountered and whether such encryption
prevented law enforcement from obtaining the plain text of
communications intercepted pursuant to such order, and (v) the
approximate nature, amount, and cost of the manpower and other
resources used in the interceptions;
``(3) the number of arrests resulting from interceptions made
under such order or extension, and the offenses for which
arrests were made;
``(4) the number of trials resulting from such interceptions;
``(5) the number of motions to suppress made with respect to
such interceptions, and the number granted or denied;
``(6) the number of convictions resulting from such
interceptions and the offenses for which the convictions were
obtained and a general assessment of the importance of the
interceptions; and
``(7) the information required by paragraphs (b) through (f)
of this subsection with respect to orders or extensions
obtained in a preceding calendar year.
``(c) Report to Congress.--In April of each year the Director of the
Administrative Office of the United States Courts shall transmit to the
Congress a full and complete report concerning the number of
applications for orders authorizing or approving the interception of
wire, oral, or electronic communications pursuant to this chapter and
the number of orders and extensions granted or denied pursuant to this
chapter during the preceding calendar year. Such report shall include a
summary and analysis of the data required to be filed with the
Administrative Office by subsections (a) and (b) of this section. The
Director of the Administrative Office of the United States Courts is
authorized to issue binding regulations dealing with the content and
form of the reports required to be filed by subsections (a) and (b).
``Sec. 3119E. Recovery of civil damages authorized
``(a) In General.--Except as provided in section 1492(2)(a)(ii), any
person whose wire, oral, or electronic communication is intercepted,
disclosed, or intentionally used in violation of subchapter B of
chapter 37 may in a civil action recover from the person or entity,
other than the United States, which engaged in that violation such
relief as may be appropriate.
``(b) Relief.--In an action under this section, appropriate relief
includes--
``(1) such preliminary and other equitable or declaratory
relief as may be appropriate;
``(2) damages under subsection (c) and punitive damages in
appropriate cases; and
``(3) a reasonable attorney's fee and other litigation costs
reasonably incurred.
``(c) Computation of Damages.--(1) In an action under this section,
if the conduct in violation of this chapter is the private viewing of a
private satellite video communication that is not scrambled or
encrypted or if the communication is a radio communication that is
transmitted on frequencies allocated under subpart D of part 74 of the
rules of the Federal Communications Commission that is not scrambled or
encrypted and the conduct is not for a tortious or illegal purpose or
for purposes of direct or indirect commercial advantage or private
commercial gain, then the court shall assess damages as follows:
``(A) If the person who engaged in that conduct has not
previously been enjoined under section 1492, and has not been
found liable in a prior civil action under this section, the
court shall assess the greater of the sum of actual damages
suffered by the plaintiff, or statutory damages of not less
than $50 and not more than $500.
``(B) If, on one prior occasion, the person who engaged in
that conduct has been enjoined under section 2511(5) or has
been found liable in a civil action under this section, the
court shall assess the greater of the sum of actual damages
suffered by the plaintiff, or statutory damages of not less
than $100 and not more than $1000.
``(2) In any other action under this section, the court may assess as
damages whichever is the greater of--
``(A) the sum of the actual damages suffered by the plaintiff
and any profits made by the violator as a result of the
violation; or
``(B) statutory damages of whichever is the greater of $100 a
day for each day of violation or $10,000.
``(d) Defense.--A good faith reliance on--
``(1) a court warrant or order, a grand jury subpoena, a
legislative authorization, or a statutory authorization;
``(2) a request of an investigative or law enforcement
officer under section 3119C(7) of this title; or
``(3) a good faith determination that section 1492(3) or
2511(2)(i) of this title permitted the conduct complained of;
is a complete defense against any civil or criminal action brought
under this chapter or any other law.
``(e) Limitation.--A civil action under this section may not be
commenced later than two years after the date upon which the claimant
first has a reasonable opportunity to discover the violation.
``(f) Administrative Discipline.--If a court or appropriate
department or agency determines that the United States or any of its
departments or agencies has violated any provision of this chapter, and
the court or appropriate department or agency finds that the
circumstances surrounding the violation raise serious questions about
whether or not an officer or employee of the United States acted
willfully or intentionally with respect to the violation, the
department or agency shall, upon receipt of a true and correct copy of
the decision and findings of the court or appropriate department or
agency promptly initiate a proceeding to determine whether disciplinary
action against the officer or employee is warranted. If the head of the
department or agency involved determines that disciplinary action is
not warranted, he or she shall notify the Inspector General with
jurisdiction over the department or agency concerned and shall provide
the Inspector General with the reasons for such determination.
``(g) Improper Disclosure Is Violation.--Any willful disclosure or
use by an investigative or law enforcement officer or governmental
entity of information beyond the extent permitted by section 2517 is a
violation of this chapter for purposes of subsection (a).
``Sec. 3119F. Injunction against illegal interception
``Whenever it shall appear that any person is engaged or is about to
engage in any act which constitutes or will constitute a felony
violation of this chapter, the Attorney General may initiate a civil
action in a district court of the United States to enjoin such
violation. The court shall proceed as soon as practicable to the
hearing and determination of such an action, and may, at any time
before final determination, enter such a restraining order or
prohibition, or take such other action, as is warranted to prevent a
continuing and substantial injury to the United States or to any person
or class of persons for whose protection the action is brought. A
proceeding under this section is governed by the Federal Rules of Civil
Procedure, except that, if an indictment has been returned against the
respondent, discovery is governed by the Federal Rules of Criminal
Procedure.
``Sec. 3119G. Enforcement of the Communications Assistance for Law
Enforcement Act
``(a) Enforcement by Court Issuing Surveillance Order.--If a court
authorizing an interception under this chapter, a State statute, or the
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.)
or authorizing use of a pen register or a trap and trace device under
chapter 206 or a State statute finds that a telecommunications carrier
has failed to comply with the requirements of the Communications
Assistance for Law Enforcement Act, the court may, in accordance with
section 108 of such Act, direct that the carrier comply forthwith and
may direct that a provider of support services to the carrier or the
manufacturer of the carrier's transmission or switching equipment
furnish forthwith modifications necessary for the carrier to comply.
``(b) Enforcement Upon Application by Attorney General.--The Attorney
General may, in a civil action in the appropriate United States
district court, obtain an order, in accordance with section 108 of the
Communications Assistance for Law Enforcement Act, directing that a
telecommunications carrier, a manufacturer of telecommunications
transmission or switching equipment, or a provider of
telecommunications support services comply with such Act.
``(c) Civil Penalty.--
``(1) In general.--A court issuing an order under this
section against a telecommunications carrier, a manufacturer of
telecommunications transmission or switching equipment, or a
provider of telecommunications support services may impose a
civil penalty of up to $10,000 per day for each day in
violation after the issuance of the order or after such future
date as the court may specify.
``(2) Considerations.--In determining whether to impose a
civil penalty and in determining its amount, the court shall
take into account--
``(A) the nature, circumstances, and extent of the
violation;
``(B) the violator's ability to pay, the violator's
good faith efforts to comply in a timely manner, any
effect on the violator's ability to continue to do
business, the degree of culpability, and the length of
any delay in undertaking efforts to comply; and
``(C) such other matters as justice may require.
``(d) Definitions.--As used in this section, the terms defined in
section 102 of the Communications Assistance for Law Enforcement Act
have the meanings provided, respectively, in such section.
``Sec. 3119H. Definitions
``Unless otherwise provided, a term defined for the purposes of
subchapter B of chapter 37 shall have the same meaning for the purposes
of this chapter.
``CHAPTER 206B--PROCEDURAL AND RELATED PROVISIONS PERTAINING TO STORED
COMMUNICATIONS
``Sec.
``3120. Voluntary disclosure of customer communications or records.
``3120A. Required disclosure of customer communications or records.
``3120B. Backup preservation.
``3120C. Delayed notice.
``3120D. Cost reimbursement.
``3120E. Civil action.
``3120F. Exclusivity of remedies.
``3120G. Counterintelligence access to telephone toll and transactional
records.
``3120H. Wrongful disclosure of video tape rental or sale records.
``3120I. Definitions for chapter.
``3120J. Civil actions against the United States.
``Sec. 3120. Voluntary disclosure of customer communications or records
``(a) Prohibitions.--Except as provided in subsection (b)--
``(1) a person or entity providing an electronic
communication service to the public shall not knowingly divulge
to any person or entity the contents of a communication while
in electronic storage by that service; and
``(2) a person or entity providing remote computing service
to the public shall not knowingly divulge to any person or
entity the contents of any communication which is carried or
maintained on that service--
``(A) on behalf of, and received by means of
electronic transmission from (or created by means of
computer processing of communications received by means
of electronic transmission from), a subscriber or
customer of such service;
``(B) solely for the purpose of providing storage or
computer processing services to such subscriber or
customer, if the provider is not authorized to access
the contents of any such communications for purposes of
providing any services other than storage or computer
processing; and
``(3) a provider of remote computing service or electronic
communication service to the public shall not knowingly divulge
a record or other information pertaining to a subscriber to or
customer of such service (not including the contents of
communications covered by paragraph (1) or (2)) to any
governmental entity.
``(b) Exceptions for Disclosure of Communications.--A provider
described in subsection (a) may divulge the contents of a
communication--
``(1) to an addressee or intended recipient of such
communication or an agent of such addressee or intended
recipient;
``(2) as otherwise authorized in section 3119B, 1492, or 1523
of this title;
``(3) with the lawful consent of the originator or an
addressee or intended recipient of such communication, or the
subscriber in the case of remote computing service;
``(4) to a person employed or authorized or whose facilities
are used to forward such communication to its destination;
``(5) as may be necessarily incident to the rendition of the
service or to the protection of the rights or property of the
provider of that service;
``(6) to the National Center for Missing and Exploited
Children, in connection with a report submitted thereto under
section 227 of the Victims of Child Abuse Act of 1990 (42
U.S.C. 13032);
``(7) to a law enforcement agency if the contents--
``(A) were inadvertently obtained by the service
provider; and
``(B) appear to pertain to the commission of a crime;
and
``(8) to a Federal, State, or local governmental entity, if
the provider, in good faith, believes that an emergency
involving danger of death or serious physical injury to any
person requires disclosure without delay of communications
relating to the emergency.
``(c) Exceptions for Disclosure of Customer Records.--A provider
described in subsection (a) may divulge a record or other information
pertaining to a subscriber to or customer of such service (not
including the contents of communications covered by subsection (a)(1)
or (a)(2))--
``(1) as otherwise authorized in section 3120A;
``(2) with the lawful consent of the customer or subscriber;
``(3) as may be necessarily incident to the rendition of the
service or to the protection of the rights or property of the
provider of that service;
``(4) to a governmental entity, if the provider reasonably
believes that an emergency involving immediate danger of death
or serious physical injury to any person justifies disclosure
of the information;
``(5) to the National Center for Missing and Exploited
Children, in connection with a report submitted thereto under
section 227 of the Victims of Child Abuse Act of 1990 (42
U.S.C. 13032); or
``(6) to any person other than a governmental entity.
``Sec. 3120A. Required disclosure of customer communications or records
``(a) Contents of Wire or Electronic Communications in Electronic
Storage.--A governmental entity may require the disclosure by a
provider of electronic communication service of the contents of a wire
or electronic communication, that is in electronic storage in an
electronic communications system for one hundred and eighty days or
less, only pursuant to a warrant issued using the procedures described
in the Federal Rules of Criminal Procedure by a court with jurisdiction
over the offense under investigation or equivalent State warrant. A
governmental entity may require the disclosure by a provider of
electronic communications services of the contents of a wire or
electronic communication that has been in electronic storage in an
electronic communications system for more than one hundred and eighty
days by the means available under subsection (b) of this section.
``(b) Contents of Wire or Electronic Communications in a Remote
Computing Service.--(1) A governmental entity may require a provider of
remote computing service to disclose the contents of any wire or
electronic communication to which this paragraph is made applicable by
paragraph (2) of this subsection--
``(A) without required notice to the subscriber or customer,
if the governmental entity obtains a warrant issued using the
procedures described in the Federal Rules of Criminal Procedure
by a court with jurisdiction over the offense under
investigation or equivalent State warrant; or
``(B) with prior notice from the governmental entity to the
subscriber or customer if the governmental entity--
``(i) uses an administrative subpoena authorized by a
Federal or State statute or a Federal or State grand
jury or trial subpoena; or
``(ii) obtains a court order for such disclosure
under subsection (d) of this section;
except that delayed notice may be given pursuant to section
3120C of this title.
``(2) Paragraph (1) is applicable with respect to any wire or
electronic communication that is held or maintained on that service--
``(A) on behalf of, and received by means of electronic
transmission from (or created by means of computer processing
of communications received by means of electronic transmission
from), a subscriber or customer of such remote computing
service; and
``(B) solely for the purpose of providing storage or computer
processing services to such subscriber or customer, if the
provider is not authorized to access the contents of any such
communications for purposes of providing any services other
than storage or computer processing.
``(c) Records Concerning Electronic Communication Service or Remote
Computing Service.--(1) governmental entity may require a provider of
electronic communication service or remote computing service to
disclose a record or other information pertaining to a subscriber to or
customer of such service (not including the contents of communications)
only when the governmental entity--
``(A) obtains a warrant issued using the procedures described
in the Federal Rules of Criminal Procedure by a court with
jurisdiction over the offense under investigation or equivalent
State warrant;
``(B) obtains a court order for such disclosure under
subsection (d) of this section;
``(C) has the consent of the subscriber or customer to such
disclosure;
``(D) submits a formal written request relevant to a law
enforcement investigation concerning telemarketing fraud for
the name, address, and place of business of a subscriber or
customer of such provider, which subscriber or customer is
engaged in telemarketing (as such term is defined in section
2325 of this title); or
``(E) seeks information under paragraph (2).
``(2) A provider of electronic communication service or remote
computing service shall disclose to a governmental entity the--
``(A) name;
``(B) address;
``(C) local and long distance telephone connection records,
or records of session times and durations;
``(D) length of service (including start date) and types of
service utilized;
``(E) telephone or instrument number or other subscriber
number or identity, including any temporarily assigned network
address; and
``(F) means and source of payment for such service (including
any credit card or bank account number),
of a subscriber to or customer of such service when the governmental
entity uses an administrative subpoena authorized by a Federal or State
statute or a Federal or State grand jury or trial subpoena or any means
available under paragraph (1).
``(3) A governmental entity receiving records or information under
this subsection is not required to provide notice to a subscriber or
customer.
``(d) Requirements for Court Order.--A court order for disclosure
under subsection (b) or (c) may be issued by any court that is a court
of competent jurisdiction and shall issue only if the governmental
entity offers specific and articulable facts showing that there are
reasonable grounds to believe that the contents of a wire or electronic
communication, or the records or other information sought, are relevant
and material to an ongoing criminal investigation. In the case of a
State governmental authority, such a court order shall not issue if
prohibited by the law of such State. A court issuing an order pursuant
to this section, on a motion made promptly by the service provider, may
quash or modify such order, if the information or records requested are
unusually voluminous in nature or compliance with such order otherwise
would cause an undue burden on such provider.
``(e) No Cause of Action Against a Provider Disclosing Information
Under This Chapter.--No cause of action shall lie in any court against
any provider of wire or electronic communication service, its officers,
employees, agents, or other specified persons for providing
information, facilities, or assistance in accordance with the terms of
a court order, warrant, subpoena, statutory authorization, or
certification under this chapter.
``(f) Requirement To Preserve Evidence.--
``(1) In general.--A provider of wire or electronic
communication services or a remote computing service, upon the
request of a governmental entity, shall take all necessary
steps to preserve records and other evidence in its possession
pending the issuance of a court order or other process.
``(2) Period of retention.--Records referred to in paragraph
(1) shall be retained for a period of 90 days, which shall be
extended for an additional 90-day period upon a renewed request
by the governmental entity.
``(g) Presence of Officer Not Required.--Notwithstanding section 3105
of this title, the presence of an officer shall not be required for
service or execution of a search warrant issued in accordance with this
chapter requiring disclosure by a provider of electronic communications
service or remote computing service of the contents of communications
or records or other information pertaining to a subscriber to or
customer of such service.
``Sec. 3120B. Backup preservation
``(a) Backup Preservation.--(1) A governmental entity acting under
section 3120A(b)(2) may include in its subpoena or court order a
requirement that the service provider to whom the request is directed
create a backup copy of the contents of the electronic communications
sought in order to preserve those communications. Without notifying the
subscriber or customer of such subpoena or court order, such service
provider shall create such backup copy as soon as practicable
consistent with its regular business practices and shall confirm to the
governmental entity that such backup copy has been made. Such backup
copy shall be created within two business days after receipt by the
service provider of the subpoena or court order.
``(2) Notice to the subscriber or customer shall be made by the
governmental entity within three days after receipt of such
confirmation, unless such notice is delayed pursuant to section
3120C(a).
``(3) The service provider shall not destroy such backup copy until
the later of--
``(A) the delivery of the information; or
``(B) the resolution of any proceedings (including appeals of
any proceeding) concerning the government's subpoena or court
order.
``(4) The service provider shall release such backup copy to the
requesting governmental entity no sooner than fourteen days after the
governmental entity's notice to the subscriber or customer if such
service provider--
``(A) has not received notice from the subscriber or customer
that the subscriber or customer has challenged the governmental
entity's request; and
``(B) has not initiated proceedings to challenge the request
of the governmental entity.
``(5) A governmental entity may seek to require the creation of a
backup copy under subsection (a)(1) of this section if in its sole
discretion such entity determines that there is reason to believe that
notification under section 1524B of this title of the existence of the
subpoena or court order may result in destruction of or tampering with
evidence. This determination is not subject to challenge by the
subscriber or customer or service provider.
``(b) Customer Challenges.--(1) Within 14 days after notice by the
governmental entity to the subscriber or customer under subsection
(a)(2) of this section, such subscriber or customer may file a motion
to quash such subpoena or vacate such court order, with copies served
upon the governmental entity and with written notice of such challenge
to the service provider. A motion to vacate a court order shall be
filed in the court which issued such order. A motion to quash a
subpoena shall be filed in the appropriate United States district court
or State court. Such motion or application shall contain an affidavit
or sworn statement--
``(A) stating that the applicant is a customer or subscriber
to the service from which the contents of electronic
communications maintained for him have been sought; and
``(B) stating the applicant's reasons for believing that the
records sought are not relevant to a legitimate law enforcement
inquiry or that there has not been substantial compliance with
the provisions of this chapter in some other respect.
``(2) Service shall be made under this section upon a governmental
entity by delivering or mailing by registered or certified mail a copy
of the papers to the person, office, or department specified in the
notice which the customer has received pursuant to this chapter. For
the purposes of this section, the term `delivery' has the meaning given
that term in the Federal Rules of Civil Procedure.
``(3) If the court finds that the customer has complied with
paragraphs (1) and (2) of this subsection, the court shall order the
governmental entity to file a sworn response, which may be filed in
camera if the governmental entity includes in its response the reasons
which make in camera review appropriate. If the court is unable to
determine the motion or application on the basis of the parties'
initial allegations and response, the court may conduct such additional
proceedings as it deems appropriate. All such proceedings shall be
completed and the motion or application decided as soon as practicable
after the filing of the governmental entity's response.
``(4) If the court finds that the applicant is not the subscriber or
customer for whom the communications sought by the governmental entity
are maintained, or that there is a reason to believe that the law
enforcement inquiry is legitimate and that the communications sought
are relevant to that inquiry, it shall deny the motion or application
and order such process enforced. If the court finds that the applicant
is the subscriber or customer for whom the communications sought by the
governmental entity are maintained, and that there is not a reason to
believe that the communications sought are relevant to a legitimate law
enforcement inquiry, or that there has not been substantial compliance
with the provisions of this chapter, it shall order the process
quashed.
``(5) A court order denying a motion or application under this
section shall not be deemed a final order and no interlocutory appeal
may be taken therefrom by the customer.
``Sec. 3120C. Delayed notice
``(a) Delay of Notification.--(1) A governmental entity acting under
section 3120A(b) of this title may--
``(A) where a court order is sought, include in the
application a request, which the court shall grant, for an
order delaying the notification required under section 3120A(b)
of this title for a period not to exceed ninety days, if the
court determines that there is reason to believe that
notification of the existence of the court order may have an
adverse result described in paragraph (2) of this subsection;
or
``(B) where an administrative subpoena authorized by a
Federal or State statute or a Federal or State grand jury
subpoena is obtained, delay the notification required under
section 3120A(b) of this title for a period not to exceed
ninety days upon the execution of a written certification of a
supervisory official that there is reason to believe that
notification of the existence of the subpoena may have an
adverse result described in paragraph (2) of this subsection.
``(2) An adverse result for the purposes of paragraph (1) of this
subsection is--
``(A) endangering the life or physical safety of an
individual;
``(B) flight from prosecution;
``(C) destruction of or tampering with evidence;
``(D) intimidation of potential witnesses; or
``(E) otherwise seriously jeopardizing an investigation or
unduly delaying a trial.
``(3) The governmental entity shall maintain a true copy of
certification under paragraph (1)(B).
``(4) Extensions of the delay of notification provided in section
3120A of up to ninety days each may be granted by the court upon
application, or by certification by a governmental entity, but only in
accordance with subsection (b) of this section.
``(5) Upon expiration of the period of delay of notification under
paragraph (1) or (4) of this subsection, the governmental entity shall
serve upon, or deliver by registered or first-class mail to, the
customer or subscriber a copy of the process or request together with
notice that--
``(A) states with reasonable specificity the nature of the
law enforcement inquiry; and
``(B) informs such customer or subscriber--
``(i) that information maintained for such customer
or subscriber by the service provider named in such
process or request was supplied to or requested by that
governmental authority and the date on which the
supplying or request took place;
``(ii) that notification of such customer or
subscriber was delayed;
``(iii) what governmental entity or court made the
certification or determination pursuant to which that
delay was made; and
``(iv) which provision of this chapter allowed such
delay.
``(6) As used in this subsection, the term `supervisory official'
means the investigative agent in charge or assistant investigative
agent in charge or an equivalent of an investigating agency's
headquarters or regional office, or the chief prosecuting attorney or
the first assistant prosecuting attorney or an equivalent of a
prosecuting attorney's headquarters or regional office.
``(b) Preclusion of Notice to Subject of Governmental Access.--A
governmental entity acting under section 3120A, when it is not required
to notify the subscriber or customer under section 3120A(b)(1), or to
the extent that it may delay such notice pursuant to subsection (a) of
this section, may apply to a court for an order commanding a provider
of electronic communications service or remote computing service to
whom a warrant, subpoena, or court order is directed, for such period
as the court deems appropriate, not to notify any other person of the
existence of the warrant, subpoena, or court order. The court shall
enter such an order if it determines that there is reason to believe
that notification of the existence of the warrant, subpoena, or court
order will result in--
``(1) endangering the life or physical safety of an
individual;
``(2) flight from prosecution;
``(3) destruction of or tampering with evidence;
``(4) intimidation of potential witnesses; or
``(5) otherwise seriously jeopardizing an investigation or
unduly delaying a trial.
``Sec. 3120D. Cost reimbursement
``(a) Payment.--Except as otherwise provided in subsection (c), a
governmental entity obtaining the contents of communications, records,
or other information under section 3120, 3120A, or 3120B shall pay to
the person or entity assembling or providing such information a fee for
reimbursement for such costs as are reasonably necessary and which have
been directly incurred in searching for, assembling, reproducing, or
otherwise providing such information. Such reimbursable costs shall
include any costs due to necessary disruption of normal operations of
any electronic communication service or remote computing service in
which such information may be stored.
``(b) Amount.--The amount of the fee provided by subsection (a) shall
be as mutually agreed by the governmental entity and the person or
entity providing the information, or, in the absence of agreement,
shall be as determined by the court which issued the order for
production of such information (or the court before which a criminal
prosecution relating to such information would be brought, if no court
order was issued for production of the information).
``(c) Exception.--The requirement of subsection (a) of this section
does not apply with respect to records or other information maintained
by a communications common carrier that relate to telephone toll
records and telephone listings obtained under section 2703 of this
title. The court may, however, order a payment as described in
subsection (a) if the court determines the information required is
unusually voluminous in nature or otherwise caused an undue burden on
the provider.
``Sec. 3120E. Civil action
``(a) Cause of Action.--Except as provided in section 3120A(e), any
provider of electronic communication service, subscriber, or other
person aggrieved by any violation of this chapter in which the conduct
constituting the violation is engaged in with a knowing or intentional
state of mind may, in a civil action, recover from the person or
entity, other than the United States, which engaged in that violation
such relief as may be appropriate.
``(b) Relief.--In a civil action under this section, appropriate
relief includes--
``(1) such preliminary and other equitable or declaratory
relief as may be appropriate;
``(2) damages under subsection (c); and
``(3) a reasonable attorney's fee and other litigation costs
reasonably incurred.
``(c) Damages.--The court may assess as damages in a civil action
under this section the sum of the actual damages suffered by the
plaintiff and any profits made by the violator as a result of the
violation, but in no case shall a person entitled to recover receive
less than the sum of $1,000. If the violation is willful or
intentional, the court may assess punitive damages. In the case of a
successful action to enforce liability under this section, the court
may assess the costs of the action, together with reasonable attorney
fees determined by the court.
``(d) Administrative Discipline.--If a court or appropriate
department or agency determines that the United States or any of its
departments or agencies has violated any provision of this chapter, and
the court or appropriate department or agency finds that the
circumstances surrounding the violation raise serious questions about
whether or not an officer or employee of the United States acted
willfully or intentionally with respect to the violation, the
department or agency shall, upon receipt of a true and correct copy of
the decision and findings of the court or appropriate department or
agency promptly initiate a proceeding to determine whether disciplinary
action against the officer or employee is warranted. If the head of the
department or agency involved determines that disciplinary action is
not warranted, he or she shall notify the Inspector General with
jurisdiction over the department or agency concerned and shall provide
the Inspector General with the reasons for such determination.
``(e) Defense.--A good faith reliance on--
``(1) a court warrant or order, a grand jury subpoena, a
legislative authorization, or a statutory authorization
(including a request of a governmental entity under section
3120A(f) of this title);
``(2) a request of an investigative or law enforcement
officer under section 3119C(7) of this title; or
``(3) a good faith determination that section 1492(3) of this
title permitted the conduct complained of;
is a complete defense to any civil or criminal action brought under
this chapter or any other law.
``(f) Limitation.--A civil action under this section may not be
commenced later than two years after the date upon which the claimant
first discovered or had a reasonable opportunity to discover the
violation.
``(g) Improper Disclosure.--Any willful disclosure of a `record', as
that term is defined in section 552a(a) of title 5, obtained by an
investigative or law enforcement officer, or a governmental entity,
pursuant to section 3120A of this title, or from a device installed
pursuant to section 3123 or 3125 of this title, that is not a
disclosure made in the proper performance of the official functions of
the officer or governmental entity making the disclosure, is a
violation of this chapter. This provision shall not apply to
information previously lawfully disclosed (prior to the commencement of
any civil or administrative proceeding under this chapter) to the
public by a Federal, State, or local governmental entity or by the
plaintiff in a civil action under this chapter.
``Sec. 3120F. Exclusivity of remedies
``The remedies and sanctions described in this chapter are the only
judicial remedies and sanctions for nonconstitutional violations of
this chapter.
``Sec. 3120G. Counterintelligence access to telephone toll and
transactional records
``(a) Duty To Provide.--A wire or electronic communication service
provider shall comply with a request for subscriber information and
toll billing records information, or electronic communication
transactional records in its custody or possession made by the Director
of the Federal Bureau of Investigation under subsection (b) of this
section.
``(b) Required Certification.--The Director of the Federal Bureau of
Investigation, or his designee in a position not lower than Deputy
Assistant Director at Bureau headquarters or a Special Agent in Charge
in a Bureau field office designated by the Director, may--
``(1) request the name, address, length of service, and local
and long distance toll billing records of a person or entity if
the Director (or his designee) certifies in writing to the wire
or electronic communication service provider to which the
request is made that the name, address, length of service, and
toll billing records sought are relevant to an authorized
investigation to protect against international terrorism or
clandestine intelligence activities, provided that such an
investigation of a United States person is not conducted solely
on the basis of activities protected by the first amendment to
the Constitution of the United States; and
``(2) request the name, address, and length of service of a
person or entity if the Director (or his designee) certifies in
writing to the wire or electronic communication service
provider to which the request is made that the information
sought is relevant to an authorized investigation to protect
against international terrorism or clandestine intelligence
activities, provided that such an investigation of a United
States person is not conducted solely upon the basis of
activities protected by the first amendment to the Constitution
of the United States.
``(c) Prohibition of Certain Disclosure.--No wire or electronic
communication service provider, or officer, employee, or agent thereof,
shall disclose to any person that the Federal Bureau of Investigation
has sought or obtained access to information or records under this
section.
``(d) Dissemination by Bureau.--The Federal Bureau of Investigation
may disseminate information and records obtained under this section
only as provided in guidelines approved by the Attorney General for
foreign intelligence collection and foreign counterintelligence
investigations conducted by the Federal Bureau of Investigation, and,
with respect to dissemination to an agency of the United States, only
if such information is clearly relevant to the authorized
responsibilities of such agency.
``(e) Requirement That Certain Congressional Bodies Be Informed.--On
a semiannual basis the Director of the Federal Bureau of Investigation
shall fully inform the Permanent Select Committee on Intelligence of
the House of Representatives and the Select Committee on Intelligence
of the Senate, and the Committee on the Judiciary of the House of
Representatives and the Committee on the Judiciary of the Senate,
concerning all requests made under subsection (b) of this section.
``Sec. 3120H. Wrongful disclosure of video tape rental or sale records
``(a) Definitions.--For purposes of this section--
``(1) the term `consumer' means any renter, purchaser, or
subscriber of goods or services from a video tape service
provider;
``(2) the term `ordinary course of business' means only debt
collection activities, order fulfillment, request processing,
and the transfer of ownership;
``(3) the term `personally identifiable information' includes
information which identifies a person as having requested or
obtained specific video materials or services from a video tape
service provider; and
``(4) the term `video tape service provider' means any
person, engaged in the business, in or affecting interstate or
foreign commerce, of rental, sale, or delivery of prerecorded
video cassette tapes or similar audio visual materials, or any
person or other entity to whom a disclosure is made under
subparagraph (D) or (E) of subsection (b)(2), but only with
respect to the information contained in the disclosure.
``(b) Video Tape Rental and Sale Records.--(1) A video tape service
provider who knowingly discloses, to any person, personally
identifiable information concerning any consumer of such provider shall
be liable to the aggrieved person for the relief provided in subsection
(d).
``(2) A video tape service provider may disclose personally
identifiable information concerning any consumer--
``(A) to the consumer;
``(B) to any person with the informed, written consent of the
consumer given at the time the disclosure is sought;
``(C) to a law enforcement agency pursuant to a warrant
issued under the Federal Rules of Criminal Procedure, an
equivalent State warrant, a grand jury subpoena, or a court
order;
``(D) to any person if the disclosure is solely of the names
and addresses of consumers and if--
``(i) the video tape service provider has provided
the consumer with the opportunity, in a clear and
conspicuous manner, to prohibit such disclosure; and
``(ii) the disclosure does not identify the title,
description, or subject matter of any video tapes or
other audio visual material; however, the subject
matter of such materials may be disclosed if the
disclosure is for the exclusive use of marketing goods
and services directly to the consumer;
``(E) to any person if the disclosure is incident to the
ordinary course of business of the video tape service provider;
or
``(F) pursuant to a court order, in a civil proceeding upon a
showing of compelling need for the information that cannot be
accommodated by any other means, if--
``(i) the consumer is given reasonable notice, by the
person seeking the disclosure, of the court proceeding
relevant to the issuance of the court order; and
``(ii) the consumer is afforded the opportunity to
appear and contest the claim of the person seeking the
disclosure.
If an order is granted pursuant to subparagraph (C) or (F), the court
shall impose appropriate safeguards against unauthorized disclosure.
``(3) Court orders authorizing disclosure under subparagraph (C)
shall issue only with prior notice to the consumer and only if the law
enforcement agency shows that there is probable cause to believe that
the records or other information sought are relevant to a legitimate
law enforcement inquiry. In the case of a State government authority,
such a court order shall not issue if prohibited by the law of such
State. A court issuing an order pursuant to this section, on a motion
made promptly by the video tape service provider, may quash or modify
such order if the information or records requested are unreasonably
voluminous in nature or if compliance with such order otherwise would
cause an unreasonable burden on such provider.
``(c) Civil Action.--(1) Any person aggrieved by any act of a person
in violation of this section may bring a civil action in a United
States district court.
``(2) The court may award--
``(A) actual damages but not less than liquidated damages in
an amount of $2,500;
``(B) punitive damages;
``(C) reasonable attorneys' fees and other litigation costs
reasonably incurred; and
``(D) such other preliminary and equitable relief as the
court determines to be appropriate.
``(3) No action may be brought under this subsection unless such
action is begun within 2 years from the date of the act complained of
or the date of discovery.
``(4) No liability shall result from lawful disclosure permitted by
this section.
``(d) Personally Identifiable Information.--Personally identifiable
information obtained in any manner other than as provided in this
section shall not be received in evidence in any trial, hearing,
arbitration, or other proceeding in or before any court, grand jury,
department, officer, agency, regulatory body, legislative committee, or
other authority of the United States, a State, or a political
subdivision of a State.
``(e) Destruction of Old Records.--A person subject to this section
shall destroy personally identifiable information as soon as
practicable, but no later than one year from the date the information
is no longer necessary for the purpose for which it was collected and
there are no pending requests or orders for access to such information
under subsection (b)(2) or (c)(2) or pursuant to a court order.
``(f) Preemption.--The provisions of this section preempt only the
provisions of State or local law that require disclosure prohibited by
this section.
``Sec. 3120I. Definitions for chapter
``As used in this chapter--
``(1) unless otherwise provided, a term defined in section
1491 has the same meaning given that term in that section;
``(2) the term `remote computing service' means the provision
to the public of computer storage or processing services by
means of an electronic communications system; and
``(3) the term `court of competent jurisdiction' has the
meaning assigned by section 3127, and includes any Federal
court within that definition, without geographic limitation.
``Sec. 3120J. Civil actions against the United States
``(a) In General.--Any person who is aggrieved by any willful
violation of subchapter B or C of chapter 37 or of sections 106(a),
305(a), or 405(a) of the Foreign Intelligence Surveillance Act of 1978
(50 U.S.C. 1801 et seq.) may commence an action in United States
District Court against the United States to recover money damages. In
any such action, if a person who is aggrieved successfully establishes
such a violation of subchapter B or C of chapter 37 or of the above
specified provisions of title 50, the Court may assess as damages--
``(1) actual damages, but not less than $10,000, whichever
amount is greater; and
``(2) litigation costs, reasonably incurred.
``(b) Procedures.--(1) Any action against the United States under
this section may be commenced only after a claim is presented to the
appropriate department or agency under the procedures of the Federal
Tort Claims Act, as set forth in title 28.
``(2) Any action against the United States under this section shall
be forever barred unless it is presented in writing to the appropriate
Federal agency within 2 years after such claim accrues or unless action
is begun within 6 months after the date of mailing, by certified or
registered mail, of notice of final denial of the claim by the agency
to which it was presented. The claim shall accrue on the date upon
which the claimant first has a reasonable opportunity to discover the
violation.
``(3) Any action under this section shall be tried to the court
without a jury.
``(4) Notwithstanding any other provision of law, the procedures set
forth in section 106(f), 305(g), or 405(f) of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) shall be the
exclusive means by which materials governed by those sections may be
reviewed.
``(5) An amount equal to any award against the United States under
this section shall be reimbursed by the department or agency concerned
to the fund described in section 1304 of title 31, out of any
appropriation, fund, or other account (excluding any part of such
appropriation, fund, or account that is available for the enforcement
of any Federal law) that is available for the operating expenses of the
department or agency concerned.
``(c) Administrative Discipline.--If a court or appropriate
department or agency determines that the United States or any of its
departments or agencies has violated any provision of this chapter, and
the court or appropriate department or agency finds that the
circumstances surrounding the violation raise serious questions about
whether or not an officer or employee of the United States acted
willfully or intentionally with respect to the violation, the
department or agency shall, upon receipt of a true and correct copy of
the decision and findings of the court or appropriate department or
agency promptly initiate a proceeding to determine whether disciplinary
action against the officer or employee is warranted. If the head of the
department or agency involved determines that disciplinary action is
not warranted, he or she shall notify the Inspector General with
jurisdiction over the department or agency concerned and shall provide
the Inspector General with the reasons for such determination.
``(d) Exclusive Remedy.--Any action against the United States under
this subsection shall be the exclusive remedy against the United States
for any claims within the purview of this section.
``(e) Stay of Proceedings.--(1) Upon the motion of the United States,
the court shall stay any action commenced under this section if the
court determines that civil discovery will adversely affect the ability
of the Government to conduct a related investigation or the prosecution
of a related criminal case. Such a stay shall toll the limitations
periods of paragraph (2) of subsection (b).
``(2) In this subsection, the terms `related criminal case' and
`related investigation' mean an actual prosecution or investigation in
progress at the time at which the request for the stay or any
subsequent motion to lift the stay is made. In determining whether an
investigation or a criminal case is related to an action commenced
under this section, the court shall consider the degree of similarity
between the parties, witnesses, facts, and circumstances involved in
the 2 proceedings, without requiring that any one or more factors be
identical.
``(3) In requesting a stay under paragraph (1), the Government may,
in appropriate cases, submit evidence ex parte in order to avoid
disclosing any matter that may adversely affect a related investigation
or a related criminal case. If the Government makes such an ex parte
submission, the plaintiff shall be given an opportunity to make a
submission to the court, not ex parte, and the court may, in its
discretion, request further information from either party.
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