[Congressional Record Volume 142, Number 137 (Saturday, September 28, 1996)]
[House]
[Pages H12137-H12145]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
ECONOMIC ESPIONAGE ACT OF 1996
Mr. McCOLLUM. Mr. Speaker, I ask unanimous consent to take from the
Speaker's table the bill (H.R. 3723) to amend title 18, United States
Code, to protect proprietary economic information, and for other
purposes, with a Senate amendment thereto, and concur in the Senate
amendment with an amendment.
The Clerk read the title of the bill.
The Clerk read the House amendment to the Senate amendment, as
follows:
House amendment to Senate amendment:
In lieu of the matter proposed to be inserted by the Senate
amendment to the text of the bill, insert the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Economic Espionage Act of
1996''.
TITLE I--PROTECTION OF TRADE SECRETS
SEC. 101. PROTECTION OF TRADE SECRETS.
(a) In General.--Title 18, United States Code, is amended
by inserting after chapter 89 the following:
``CHAPTER 90--PROTECTION OF TRADE SECRETS
``Sec.
``1831. Economic espionage.
``1832. Theft of trade secrets.
``1833. Exceptions to prohibitions.
``1834. Criminal forfeiture.
``1835. Orders to preserve confidentiality.
``1836. Civil proceedings to enjoin violations.
``1837. Conduct outside the United States.
``1838. Construction with other laws.
``1839. Definitions.
``Sec. 1831. 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;
``(3) receives, buys, or possesses a trade secret, knowing
the same to have been stolen or appropriated, obtained, or
converted without authorization;
``(4) attempts to commit any offense described in any of
paragraphs (1) through (3); or
``(5) conspires with one or more other persons to commit
any offense described in any of paragraphs (1) through (4),
and one or more of such persons do any act to effect the
object of the conspiracy,
shall, except as provided in subsection (b), be fined not
more than $500,000 or imprisoned not more than 15 years, or
both.
``(b) Organizations.--Any organization that commits any
offense described in subsection (a) shall be fined not more
than $10,000,000.
``Sec. 1832. Theft of trade secrets
``(a) 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;
``(3) receives, buys, or possesses such information,
knowing the same to have been stolen or appropriated,
obtained, or converted without authorization;
``(4) attempts to commit any offense described in
paragraphs (1) through (3); or
``(5) conspires with one or more other persons to commit
any offense described in paragraphs (1) through (3), and one
or more of such persons do any act to effect the object of
the conspiracy,
shall, except as provided in subsection (b), be fined under
this title or imprisoned not more than 10 years, or both.
``(b) Any organization that commits any offense described
in subsection (a) shall be fined not more than $5,000,000.
``Sec. 1833. Exceptions to prohibitions
``This chapter 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. 1834. Criminal forfeiture
``(a) The court, in imposing sentence on a person for a
violation of this chapter, shall order, in addition to any
other sentence imposed, that the person forfeit to the United
States--
``(1) any property constituting, or derived from, any
proceeds the person obtained, directly or indirectly, as the
result of such violation; and
``(2) any of the person's property used, or intended to be
used, in any manner or part, to commit or facilitate the
commission of such violation, if the court in its discretion
so determines, taking into consideration the nature, scope,
and proportionality of the use of the property in the
offense.
``(b) Property subject to forfeiture under this section,
any seizure and disposition thereof, and any administrative
or judicial proceeding in relation thereto, shall be governed
by section 413 of the Comprehensive Drug Abuse Prevention and
Control Act of 1970 (21 U.S.C. 853), except for subsections
(d) and (j) of such section, which shall not apply to
forfeitures under this section.
``Sec. 1835. Orders to preserve confidentiality
``In any prosecution or other proceeding under this
chapter, 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. 1836. Civil proceedings to enjoin violations
``(a) The Attorney General may, in a civil action, obtain
appropriate injunctive relief against any violation of this
section.
``(b) The district courts of the United States shall have
exclusive original jurisdiction of civil actions under this
subsection.
``Sec. 1837. Applicability to conduct outside the United
States
This chapter 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. 1838. Construction with other laws
``This chapter shall not be construed to preempt or
displace any other remedies, whether civil or criminal,
provided by United States Federal, State, commonwealth,
possession, or territory 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. 1839. Definitions
``As used in this chapter--
``(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--
[[Page H12138]]
``(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.''.
(b) Clerical Amendment.--The table of chapters at the
beginning part I of title 18, United States Code, is amended
by inserting after the item relating to chapter 89 the
following:
(c) Reports.--Not later than 2 years and 4 years after the
date of the enactment of this Act, the Attorney General shall
report to Congress on the amounts received and distributed
from fines for offenses under this chapter deposited in the
Crime Victims Fund established by section 1402 of the Victims
of Crime Act of 1984 (42 U.S.C. 10601).
``90. Protection of trade secrets..............................1831....
SEC. 102. WIRE AND ELECTRONIC COMMUNICATIONS INTERCEPTION AND
INTERCEPTION OF ORAL COMMUNICATIONS.
Section 2516(1)(c) of title 18, United States Code, is
amended by inserting ``chapter 90 (relating to protection of
trade secrets),'' after ``chapter 37 (relating to
espionage),''.
TITLE II--NATIONAL INFORMATION INFRASTRUCTURE PROTECTION ACT OF 1996.
SEC. 201. COMPUTER CRIME.
Section 1030 of title 18, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``knowingly accesses'' and inserting
``having knowingly accessed'';
(ii) by striking ``exceeds'' and inserting ``exceeding'';
(iii) by striking ``obtains information'' and inserting
``having obtained information'';
(iv) by striking ``the intent or'';
(v) by striking ``is to be used'' and inserting ``could be
used''; and
(vi) by inserting before the semicolon at the end the
following: ``willfully communicates, delivers, transmits, or
causes to be communicated, delivered, or transmitted, or
attempts to communicate, deliver, transmit or cause to be
communicated, delivered, or transmitted the same to any
person not entitled to receive it, or willfully retains the
same and fails to deliver it to the officer or employee of
the United States entitled to receive it'';
(B) in paragraph (2)--
(i) by striking ``obtains information'' and inserting
``obtains--
``(A) information''; and
(ii) by adding at the end the following new subparagraphs:
``(B) information from any department or agency of the
United States; or
``(C) information from any protected computer if the
conduct involved an interstate or foreign communication;'';
(C) in paragraph (3)--
(i) by inserting ``nonpublic'' before ``computer of a
department or agency'';
(ii) by striking ``adversely''; and
(iii) by striking ``the use of the Government's operation
of such computer'' and inserting ``that use by or for the
Government of the United States'';
(D) in paragraph (4)--
(i) by striking ``Federal interest'' and inserting
``protected''; and
(ii) by inserting before the semicolon the following: ``and
the value of such use is not more than $5,000 in any 1-year
period'';
(E) by striking paragraph (5) and inserting the following:
``(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
(F) by inserting after paragraph (6) the following new
paragraph:
``(7) with intent to extort from any person, firm,
association, educational institution, financial institution,
government entity, or other legal entity, any money or other
thing of value, transmits in interstate or foreign commerce
any communication containing any threat to cause damage to a
protected computer;'';
(2) in subsection (c)--
(A) in paragraph (1), by striking ``such subsection'' each
place that term appears and inserting ``this section'';
(B) in paragraph (2)--
(i) in subparagraph (A)--
(I) by inserting ``, (a)(5)(C),'' after ``(a)(3)''; and
(II) by striking ``such subsection'' and inserting ``this
section'';
(ii) by redesignating subparagraph (B) as subparagraph (C);
(iii) by inserting immediately after subparagraph (A) the
following:
``(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), 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
(iv) in subparagraph (C) (as redesignated)--
(I) by striking ``such subsection'' and inserting ``this
section''; and
(II) by adding ``and'' at the end;
(C) in paragraph (3)--
(i) in subparagraph (A)--
(I) by striking ``(a)(4) or (a)(5)(A)'' and inserting
``(a)(4), (a)(5)(A), (a)(5)(B), or (a)(7)''; and
(II) by striking ``such subsection'' and inserting ``this
section''; and
(ii) in subparagraph (B)--
(I) by striking ``(a)(4) or (a)(5)'' and inserting
``(a)(4), (a)(5)(A), (a)(5)(B), (a)(5)(C), or (a)(7)''; and
(II) by striking ``such subsection'' and inserting ``this
section''; and
(D) by striking paragraph (4);
(3) in subsection (d), by inserting ``subsections
(a)(2)(A), (a)(2)(B), (a)(3), (a)(4), (a)(5), and (a)(6) of''
before ``this section.'';
(4) in subsection (e)--
(A) in paragraph (2)--
(i) by striking ``Federal interest'' and inserting
``protected'';
(ii) in subparagraph (A), by striking ``the use of the
financial institution's operation or the Government's
operation of such computer'' and inserting ``that use by or
for the financial institution or the Government''; and
(iii) by striking subparagraph (B) and inserting the
following:
``(B) which is used in interstate or foreign commerce or
communication;'';
(B) in paragraph (6), by striking ``and'' at the end;
(C) in paragraph (7), by striking the period at the end and
inserting ``; and''; and
(D) by adding at the end the following new paragraphs:
``(8) the term `damage' means any impairment to the
integrity or availability of data, a program, a system, or
information, that--
``(A) causes loss aggregating at least $5,000 in value
during any 1-year period to one or more individuals;
``(B) modifies or impairs, or potentially modifies or
impairs, the medical examination, diagnosis, treatment, or
care of one or more individuals;
``(C) causes physical injury to any person; or
``(D) threatens public health or safety; and
``(9) the term `government entity' includes the Government
of the United States, any State or political subdivision of
the United States, any foreign country, and any state,
province, municipality, or other political subdivision of a
foreign country.''; and
(5) in subsection (g)--
(A) by striking ``, other than a violation of subsection
(a)(5)(B),''; and
(B) by striking ``of any subsection other than subsection
(a)(5)(A)(ii)(II)(bb) or (a)(5)(B)(ii)(II)(bb)'' and
inserting ``involving damage as defined in subsection
(e)(8)(A)''.
TITLE III--TRANSFER OF PERSONS FOUND NOT GUILTY BY REASON OF INSANITY
SEC. 301. TRANSFER OF PERSONS FOUND NOT GUILTY BY REASON OF
INSANITY.
(a) Amendment of Section 4243 of Title 18.--Section 4243 of
title 18, United States Code, is amended by adding at the end
the following new subsection:
``(i) Certain Persons Found Not Guilty by Reason of
Insanity in the District of Columbia.--
``(1) Transfer to custody of the attorney general.--
Notwithstanding section 301(h) of title 24 of the District of
Columbia Code, and notwithstanding subsection 4247(j) of this
title, all persons who have been committed to a hospital for
the mentally ill pursuant to section 301(d)(1) of title 24 of
the District of Columbia Code, and for whom the United States
has continuing financial responsibility, may be transferred
to the custody of the Attorney General, who shall hospitalize
the person for treatment in a suitable facility.
``(2) Application.--
``(A) In general.--The Attorney General may establish
custody over such persons by filing an application in the
United States District Court for the District of Columbia,
demonstrating that the person to be transferred is a person
described in this subsection.
``(B) Notice.--The Attorney General shall, by any means
reasonably designed to do so, provide written notice of the
proposed transfer of custody to such person or such person's
guardian, legal representative, or other lawful agent. The
person to be transferred shall be afforded an opportunity,
not to exceed 15 days, to respond to the proposed transfer of
custody, and may, at the court's discretion, be afforded a
hearing on the proposed transfer of custody. Such hearing, if
granted, shall be limited to a determination of whether the
constitutional rights of such person would be violated by the
proposed transfer of custody.
``(C) Order.--Upon application of the Attorney General, the
court shall order the person transferred to the custody of
the Attorney General, unless, pursuant to a hearing under
this paragraph, the court finds that the proposed transfer
would violate a right of such person under the United States
Constitution.
``(D) Effect.--Nothing in this paragraph shall be construed
to--
[[Page H12139]]
``(i) create in any person a liberty interest in being
granted a hearing or notice on any matter;
``(ii) create in favor of any person a cause of action
against the United States or any officer or employee of the
United States; or
``(iii) limit in any manner or degree the ability of the
Attorney General to move, transfer, or otherwise manage any
person committed to the custody of the Attorney General.
``(3) Construction with other sections.--Subsections (f)
and (g) and section 4247 shall apply to any person
transferred to the custody of the Attorney General pursuant
to this subsection.''.
(b) Transfer of Records.--Notwithstanding any provision of
the District of Columbia Code or any other provision of law,
the District of Columbia and St. Elizabeth's Hospital--
(1) not later than 30 days after the date of enactment of
this Act, shall provide to the Attorney General copies of all
records in the custody or control of the District or the
Hospital on such date of enactment pertaining to persons
described in section 4243(i) of title 18, United States Code
(as added by subsection (a));
(2) not later than 30 days after the creation of any
records by employees, agents, or contractors of the District
of Columbia or of St. Elizabeth's Hospital pertaining to
persons described in section 4243(i) of title 18, United
States Code, provide to the Attorney General copies of all
such records created after the date of enactment of this Act;
(3) shall not prevent or impede any employee, agent, or
contractor of the District of Columbia or of St. Elizabeth's
Hospital who has obtained knowledge of the persons described
in section 4243(i) of title 18, United States Code, in the
employee's professional capacity from providing that
knowledge to the Attorney General, nor shall civil or
criminal liability attach to such employees, agents, or
contractors who provide such knowledge; and
(4) shall not prevent or impede interviews of persons
described in section 4243(i) of title 18, United States Code,
by representatives of the Attorney General, if such persons
voluntarily consent to such interviews.
(c) Clarification of Effect on Certain Testimonial
Privileges.--The amendments made by this section shall not be
construed to affect in any manner any doctor-patient or
psychotherapist-patient testimonial privilege that may be
otherwise applicable to persons found not guilty by reason of
insanity and affected by this section.
(d) Severability.--If any provision of this section, an
amendment made by this section, or the application of such
provision or amendment to any person or circumstance is held
to be unconstitutional, the remainder of this section and the
amendments made by this section shall not be affected
thereby.
TITLE IV--ESTABLISHMENT OF BOYS AND GIRLS CLUBS.
SEC. 401. ESTABLISHING BOYS AND GIRLS CLUBS.
(a) Findings and Purpose.--
(1) Findings.--The Congress finds that--
(A) the Boys and Girls Clubs of America, chartered by an
Act of Congress on December 10, 1991, during its 90-year
history as a national organization, has proven itself as a
positive force in the communities it serves;
(B) there are 1,810 Boys and Girls Clubs facilities
throughout the United States, Puerto Rico, and the United
States Virgin Islands, serving 2,420,000 youths nationwide;
(C) 71 percent of the young people who benefit from Boys
and Girls Clubs programs live in our inner cities and urban
areas;
(D) Boys and Girls Clubs are locally run and have been
exceptionally successful in balancing public funds with
private sector donations and maximizing community
involvement;
(E) Boys and Girls Clubs are located in 289 public housing
sites across the Nation;
(F) public housing projects in which there is an active
Boys and Girls Club have experienced a 25 percent reduction
in the presence of crack cocaine, a 22 percent reduction in
overall drug activity, and a 13 percent reduction in juvenile
crime;
(G) these results have been achieved in the face of
national trends in which overall drug use by youth has
increased 105 percent since 1992 and 10.9 percent of the
Nation's young people use drugs on a monthly basis; and
(H) many public housing projects and other distressed areas
are still underserved by Boys and Girls Clubs.
(2) Purpose.--It is the purpose of this section to provide
adequate resources in the form of seed money for the Boys and
Girls Clubs of America to establish 1,000 additional local
Boys and Girls Clubs in public housing projects and other
distressed areas by 2001.
(b) Definitions.--For purposes of this section--
(1) the terms ``public housing'' and ``project'' have the
same meanings as in section 3(b) of the United States Housing
Act of 1937; and
(2) the term ``distressed area'' means an urban, suburban,
or rural area with a high percentage of high risk youth as
defined in section 509A of the Public Health Service Act (42
U.S.C. 290aa-8(f)).
(c) Establishment.--
(1) In general.--For each of the fiscal years 1997, 1998,
1999, 2000, and 2001, the Director of the Bureau of Justice
Assistance of the Department of Justice shall provide a grant
to the Boys and Girls Clubs of America for the purpose of
establishing Boys and Girls Clubs in public housing projects
and other distressed areas.
(2) Contracting authority.--Where appropriate, the
Secretary of Housing and Urban Development, in consultation
with the Attorney General, shall enter into contracts with
the Boys and Girls Clubs of America to establish clubs
pursuant to the grants under paragraph (1).
(d) Report.--Not later than May 1 of each fiscal year for
which amounts are made available to carry out this Act, the
Attorney General shall submit to the Committees on the
Judiciary of the Senate and the House of Representatives a
report that details the progress made under this Act in
establishing Boys and Girls Clubs in public housing projects
and other distressed areas, and the effectiveness of the
programs in reducing drug abuse and juvenile crime.
(e) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to
carry out this section--
(A) $20,000,000 for fiscal year 1997;
(B) $20,000,000 for fiscal year 1998;
(C) $20,000,000 for fiscal year 1999;
(D) $20,000,000 for fiscal year 2000; and
(E) $20,000,000 for fiscal year 2001.
(2) Violent crime reduction trust fund.--The sums
authorized to be appropriated by this subsection may be made
from the Violent Crime Reduction Trust Fund.
TITLE V--USE OF CERTAIN TECHNOLOGY TO FACILITATE CRIMINAL CONDUCT
SEC. 501. USE OF CERTAIN TECHNOLOGY TO FACILITATE CRIMINAL
CONDUCT.
(a) Information.--The Administrative Office of the United
States courts shall establish policies and procedures for the
inclusion in all presentence reports of information that
specifically identifies and describes any use of encryption
or scrambling technology that would be relevant to an
enhancement under section 3C1.1 (dealing with Obstructing or
Impeding the Administration of Justice) of the Sentencing
Guidelines or to offense conduct under the Sentencing
Guidelines.
(b) Compiling and Report.--The United States Sentencing
Commission shall--
(1) compile and analyze any information contained in
documentation described in subsection (a) relating to the use
of encryption or scrambling technology to facilitate or
conceal criminal conduct; and
(2) based on the information compiled and analyzed under
paragraph (1), annually report to the Congress on the nature
and extent of the use of encryption or scrambling technology
to facilitate or conceal criminal conduct.
TITLE VI--TECHNICAL AND MINOR AMENDMENTS
SEC. 601. GENERAL TECHNICAL AMENDMENTS.
(a) Further Corrections to Misleading Fine Amounts and
Related Typographical Errors.--
(1) Sections 152, 153, 154, and 610 of title 18, United
States Code, are each amended by striking ``fined not more
than $5,000'' and inserting ``fined under this title''.
(2) Section 970(b) of title 18, United States Code, is
amended by striking ``fined not more than $500'' and
inserting ``fined under this title''.
(3) Sections 661, 1028(b), 1361, and 2701(b) of title 18,
United States Code, are each amended by striking ``fine of
under'' each place it appears and inserting ``fine under''.
(4) Section 3146(b)(1)(A)(iv) of title 18, United States
Code, is amended by striking ``a fined under this title'' and
inserting ``a fine under this title''.
(5) The section 1118 of title 18, United States Code, that
was enacted by Public Law 103-333--
(A) is redesignated as section 1122; and
(B) is amended in subsection (c) by--
(i) inserting ``under this title'' after ``fine''; and
(ii) striking ``nor more than $20,000''.
(6) The table of sections at the beginning of chapter 51 of
title 18, United States Code, is amended by adding at the end
the following new item:
``1122. Protection against the human immunodeficiency virus.''.
(7) Sections 1761(a) and 1762(b) of title 18, United States
Code, are each amended by striking ``fined not more than
$50,000'' and inserting ``fined under this title''.
(8) Sections 1821, 1851, 1852, 1853, 1854, 1905, 1916,
1918, 1991, 2115, 2116, 2191, 2192, 2194, 2199, 2234, 2235,
and 2236 of title 18, United States Code, are each amended by
striking ``fined not more than $1,000'' each place it appears
and inserting ``fined under this title''.
(9) Section 1917 of title 18, United States Code, is
amended by striking ``fined not less than $100 nor more than
$1,000'' and inserting ``fined under this title not less than
$100''.
(10) Section 1920 of title 18, United States Code, is
amended--
(A) by striking ``of not more than $250,000'' and inserting
``under this title''; and
(B) by striking ``of not more than $100,000'' and inserting
``under this title''.
(11) Section 2076 of title 18, United States Code, is
amended by striking ``fined not more than $1,000 or
imprisoned not more than one year'' and inserting ``fined
under this title or imprisoned not more than one year, or
both''.
(12) Section 597 of title 18, United States Code, is
amended by striking ``fined not more than $10,000'' and
inserting ``fined under this title''.
(b) Cross Reference Corrections and Corrections of
Typographical Errors.--
(1) Section 3286 of title 18, United States Code, is
amended--
(A) by striking ``2331'' and inserting ``2332'';
[[Page H12140]]
(B) by striking ``2339'' and inserting ``2332a''; and
(C) by striking ``36'' and inserting ``37''.
(2) Section 2339A(b) of title 18, United States Code, is
amended--
(A) by striking ``2331'' and inserting ``2332'';
(B) by striking ``2339'' and inserting ``2332a'';
(C) by striking ``36'' and inserting ``37''; and
(D) by striking ``of an escape'' and inserting ``or an
escape''.
(3) Section 1961(1)(D) of title 18, United States Code, is
amended by striking ``that title'' and inserting ``this
title''.
(4) Section 2423(b) of title 18, United States Code, is
amended by striking ``2245'' and inserting ``2246''.
(5) Section 3553(f) of title 18, United States Code, is
amended by striking ``section 1010 or 1013 of the Controlled
Substances Import and Export Act (21 U.S.C. 961, 963)'' and
inserting ``section 1010 or 1013 of the Controlled Substances
Import and Export Act (21 U.S.C. 960, 963)''.
(6) Section 3553(f)(4) of title 18, United States Code, is
amended by striking ``21 U.S.C. 848'' and inserting ``section
408 of the Controlled Substances Act''.
(7) Section 3592(c)(1) of title 18, United States Code, is
amended by striking ``2339'' and inserting ``2332a''.
(c) Simplification and Clarification of Wording.--
(1) The third undesignated paragraph of section 5032 of
title 18, United States Code, is amended by inserting ``or as
authorized under section 3401(g) of this title'' after
``shall proceed by information''.
(2) Section 1120 of title 18, United States Code, is
amended by striking ``Federal prison'' each place it appears
and inserting ``Federal correctional institution''.
(3) Section 247(d) of title 18, United States Code, is
amended by striking ``notification'' and inserting
``certification''.
(d) Correction of Paragraph Connectors.--Section 2516(1) of
title 18, United States Code, is amended--
(1) in paragraph (l), by striking ``or'' after the
semicolon; and
(2) in paragraph (n), by striking ``and'' where it appears
after the semicolon and inserting ``or''.
(e) Correction Capitalization of Items in List.--Section
504 of title 18, United States Code, is amended--
(1) in paragraph (1), by striking ``the'' the first place
it appears and inserting ``The''; and
(2) in paragraph (3), by striking ``the'' the first place
it appears and inserting ``The''.
(f) Corrections of Punctuation and Other Erroneous Form.--
(1) Section 656 of title 18, United States Code, is amended
in the first paragraph by striking ``Act,,'' and inserting
``Act,''.
(2) Section 1114 of title 18, United States Code, is
amended by striking ``1112.'' and inserting ``1112,''.
(3) Section 504(3) of title 18, United States Code, is
amended by striking ``importation, of'' and inserting
``importation of''.
(4) Section 3059A(a)(1) of title 18, United States Code, is
amended by striking ``section 215 225,,'' and inserting
``section 215, 225,''.
(5) Section 3125(a) of title 18, United States Code, is
amended by striking the close quotation mark at the end.
(6) Section 1956(c)(7)(B)(iii) of title 18, United States
Code, is amended by striking ``1978)'' and inserting
``1978''.
(7) The item relating to section 656 in the table of
sections at the beginning of chapter 31 of title 18, United
States Code, is amended by inserting a comma after
``embezzlement''.
(8) The item relating to section 1024 in the table of
sections at the beginning of chapter 47 of title 18, United
States Code, is amended by striking ``veterans''' and
inserting ``veteran's''.
(9) Section 3182 (including the heading of such section)
and the item relating to such section in the table of
sections at the beginning of chapter 209, of title 18, United
States Code, are each amended by inserting a comma after
``District'' each place it appears.
(10) The item relating to section 3183 in the table of
sections at the beginning of chapter 209 of title 18, United
States Code, is amended by inserting a comma after
``Territory''.
(11) The items relating to section 2155 and 2156 in the
table of sections at the beginning of chapter 105 of title
18, United States Code, are each amended by striking ``or''
and inserting ``, or''.
(12) The headings for sections 2155 and 2156 of title 18,
United States Code, are each amended by striking ``or'' and
inserting ``, or''.
(13) Section 1508 of title 18, United States Code, is
amended by realigning the matter beginning ``shall be fined''
and ending ``one year, or both.'' so that it is flush to the
left margin.
(14) The item relating to section 4082 in the table of
sections at the beginning of chapter 305 of title 18, United
States Code, is amended by striking ``centers,'' and
inserting ``centers;''.
(15) Section 2101(a) of title 18, United States Code, is
amended by striking ``(1)'' and by redesignating
subparagraphs (A) through (D) as paragraphs (1) through (4),
respectively.
(16) Section 5038 of title 18, United States Code, is
amended by striking ``section 841, 952(a), 955, or 959 of
title 21'' each place it appears and inserting ``section 401
of the Controlled Substances Act or section 1001(a), 1005, or
1009 of the Controlled Substances Import and Export Act''.
(g) Corrections of Problems Arising From Uncoordinated
Amendments.--
(1) Section 5032.--The first undesignated paragraph of
section 5032 of title 18, United States Code, is amended--
(A) by inserting ``section 922(x)'' before ``or section
924(b)''; and
(B) by striking ``or (x)''.
(2) Striking material unsuccessfully attempted to be
stricken from section 1116 by public law 103-322.--Subsection
(a) of section 1116 of title 18, United States Code, is
amended by striking ``, except'' and all that follows through
the end of such subsection and inserting a period.
(3) Elimination of duplicate amendment in section 1958.--
Section 1958(a) of title 18, United States Code, is amended
by striking ``or who conspires to do so'' where it appears
following ``or who conspires to do so'' and inserting a
comma.
(h) Insertion of Missing End Quote.--Section 80001(a) of
the Violent Crime Control and Law Enforcement Act of 1994 is
amended by inserting a close quotation mark followed by a
period at the end.
(i) Redesignation of Duplicate Section Numbers and
Conforming Clerical Amendments.--
(1) Redesignation.--That section 2258 added to title 18,
United States Code, by section 160001(a) of the Violent Crime
Control and Law Enforcement Act of 1994 is redesignated as
section 2260.
(2) Conforming clerical amendment.--The item in the table
of sections at the beginning of chapter 110 of title 18,
United States Code, relating to the section redesignated by
paragraph (1) is amended by striking ``2258'' and inserting
``2260''.
(3) Conforming amendment to cross-reference.--Section
1961(1)(B) of title 18, United States Code, is amended by
striking ``2258'' and inserting ``2260''.
(j) Redesignation of Duplicate Chapter Number and
Conforming Clerical Amendment.--
(1) Redesignation.--The chapter 113B added to title 18,
United States Code, by Public Law 103-236 is redesignated
chapter 113C.
(2) Conforming clerical amendment.--The table of chapters
at the beginning of part I of title 18, United States Code is
amended in the item relating to the chapter redesignated by
paragraph (1)--
(A) by striking ``113B'' and inserting ``113C''; and
(B) by striking ``2340.'' and inserting ``2340''.
(k) Redesignation of Duplicate Paragraph Numbers and
Correction of Placement of Paragraphs in Section 3563.--
(1) Redesignation.--Section 3563(a) of title 18, United
States Code, is amended by redesignating the second paragraph
(4) as paragraph (5).
(2) Conforming connector change.--Section 3563(a) of title
18, United States Code, is amended--
(A) by striking ``and'' at the end of paragraph (3); and
(B) by striking the period at the end of paragraph (4) and
inserting ``; and''.
(3) Placement correction.--Section 3563(a) of title 18,
United States Code, is amended so that paragraph (4) and the
paragraph redesignated as paragraph (5) by this subsection
are transferred to appear in numerical order immediately
following paragraph (3) of such section 3563(a).
(l) Redesignation of Duplicate Paragraph Numbers in Section
1029 and Conforming Amendments Related Thereto.--Section 1029
of title 18, United States Code, is amended--
(1) in subsection (a)--
(A) by redesignating those paragraphs (5) and (6) which
were added by Public Law 103-414 as paragraphs (7) and (8),
respectively;
(B) by redesignating paragraph (7) as paragraph (9);
(C) by striking ``or'' at the end of paragraph (6) and at
the end of paragraph (7) as so redesignated by this
subsection; and
(D) by inserting ``or'' at the end of paragraph (8) as so
redesignated by this subsection;
(2) in subsection (e), by redesignating the second
paragraph (7) as paragraph (8); and
(3) in subsection (c)--
(A) in paragraph (1), by striking ``or (7)'' and inserting
``(7), (8), or (9)''; and
(B) in paragraph (2), by striking ``or (6)'' and inserting
``(6), (7), or (8)''.
(m) Insertion of Missing Subsection Heading.--Section
1791(c) of title 18, United States Code, is amended by
inserting after ``(c)'' the following subsection heading:
``Consecutive Punishment Required in Certain Cases.--''.
(n) Correction of Misspelling.--Section 2327(c) of title
18, United States Code, is amended by striking ``delegee''
each place it appears and inserting ``designee''.
(o) Correction of Spelling and Agency Reference.--Section
5038(f) of title 18, United States Code, is amended--
(1) by striking ``juvenille'' and inserting ``juvenile'',
and
(2) by striking ``the Federal Bureau of Investigation,
Identification Division,'' and inserting ``the Federal Bureau
of Investigation''.
(p) Correcting Misplaced Word.--Section 1028(a) of title
18, United States Code, is amended by striking ``or'' at the
end of paragraph (4) and inserting ``or'' at the end of
paragraph (5).
(q) Stylistic Correction.--Section 37(c) of title 18,
United States Code, is amended by inserting after ``(c)'' the
following subsection heading: ``Bar to Prosecution.--''.
[[Page H12141]]
(r) Mandatory Victim Restitution Act Amendments.--
(1) Order of restitution.--Section 3663 (a)(1)(A) of title
18, United States Code, is amended by adding at the end the
following: ``The court may also order, if agreed to by the
parties in a plea agreement, restitution to persons other
than the victim of the offense.''.
(2) Forfeiture.--Section 3663(c)(4) of title 18, United
States Code, is amended by inserting ``or chapter 96'' after
``under chapter 46''.
(3) Animal enterprise terrorism.--Section 43(c) of title
18, United States Code, is amended by inserting after
``3663'' the following: ``or 3663A''.
(4) Special assessment.--Section 3013(a)(2) of title 18,
United States Code, is amended by striking ``not less than''
each place that term appears.
(s) Clarifications to Antiterrorism and Effective Death
Penalty Act of 1996.
(1) Jurisdiction.--Section 2332b(b)(1)(A) of title 18,
United States Code, is amended by--
(A) striking ``any of the offenders uses''; and
(B) inserting ``is used'' after ``foreign commerce''.
(2) Providing material support.--Section 2339A(a) of title
18, United States Code, is amended by inserting ``or an
escape'' after ``concealment''.
(3) Technical amendments.--Sections 2339A(a) and
2332b(g)(5)(B) of title 18, United States Code, are each
amended by inserting at the appropriate place in each
section's enumeration of title 18 sections the following:
``930(c),'', ``1992,'', and ``2332c,''.
SEC. 602. REPEAL OF OBSOLETE PROVISIONS IN TITLE 18
(a) Section 709 Amendment.--Section 709 of title 18, United
States Code, is amended by striking ``Whoever uses as a firm
or business name the words `Reconstruction Finance
Corporation' or any combination or variation of these words--
''.
(b) Section 1014 Amendment.--Section 1014 of title 18,
United States Code, is amended--
(1) by striking ``Reconstruction Finance Corporation,'';
(2) by striking ``Farmers' Home Corporation,''; and
(3) by striking ``of the National Agricultural Credit
Corporation,''.
(c) Section 798 Amendment.--Section 798(d)(5) of title 18,
United States Code, is amended by striking ``the Trust
Territory of the Pacific Islands,''.
(d) Section 281 Repeal.--Section 281 of title 18, United
States Code, is repealed and the table of sections at the
beginning of chapter 15 of such title is amended by striking
the item relating to such section.
(e) Section 510 Amendment.--Section 510(b) of title 18,
United States Code, is amended by striking ``that in fact''
and all that follows through ``signature''.
SEC. 603. TECHNICAL AMENDMENTS RELATING TO CHAPTERS 40 AND 44
OF TITLE 18.
(a) Elimination of Double Commas in Section 844.--Section
844 of title 18, United States Code, is amended in subsection
(i) by striking ``,,'' each place it appears and inserting a
comma.
(b) Replacement of Comma With Semicolon in Section 922.--
Section 922(g)(8)(C)(ii) of title 18, United States Code, is
amended by striking the comma at the end and inserting a
semicolon.
(c) Clarification of Amendment to Section 922.--
(1) Amendment.--Section 320927 of the Violent Crime Control
and Law Enforcement Act of 1994 (P.L. 103-322) is amended by
inserting ``the first place it appears'' before the period.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect as if the amendment had been included in
section 320927 of the Act referred to in paragraph (1) on the
date of the enactment of such Act.
(d) Stylistic Correction to Section 922.--Section 922(t)(2)
of title 18, United States Code, is amended by striking
``section 922(g)'' and inserting ``subsection (g)''.
(e) Elimination of Unnecessary Words.--Section 922(w)(4) of
title 18, United States Code, is amended by striking ``title
18, United States Code,'' and inserting ``this title''.
(f) Clarification of Placement of Provision.--
(1) Amendment.--Section 110201(a) of the Violent Crime
Control and Law Enforcement Act of 1994 (P.L. 103-322) is
amended by striking ``adding at the end'' and inserting
``inserting after subsection (w)''.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect as if the amendment had been included in
section 110201 of the Act referred to in paragraph (1) on the
date of the enactment of such Act.
(g) Correction of Typographical Errors in List of Certain
Weapons.--Appendix A to section 922 of title 18, United
States Code, is amended--
(1) in the category designated
``Centerfire Rifles--Lever & Slide'',
by striking
``Uberti 1866 Sporting Rilfe''
and inserting the following:
``Uberti 1866 Sporting Rifle'';
(2) in the category designated
``Centerfire Rifles--Bolt Action'',
by striking
``Sako Fiberclass Sporter''
and inserting the following:
``Sako FiberClass Sporter'';
(3) in the category designated
``Shotguns--Slide Actions'',
by striking
``Remington 879 SPS Special Purpose Magnum''
and inserting the following:
``Remington 870 SPS Special Purpose Magnum''; and
(4) in the category designated
``Shotguns--Over/Unders'',
by striking
``E.A.A/Sabatti Falcon-Mon Over/Under''
and inserting the following:
``E.A.A./Sabatti Falcon-Mon Over/Under''.
(h) Insertion of Missing Commas.--Section 103 of the Brady
Handgun Violence Prevention Act (18 U.S.C. 922 note; Public
Law 103-159) is amended in each of subsections (e)(1), (g),
and (i)(2) by inserting a comma after ``United States Code''.
(i) Correction of Unexecutable Amendments Relating to the
Violent Crime Reduction Trust Fund.--
(1) Correction.--Section 210603(b) of the Violent Crime
Control and Law Enforcement Act of 1994 is amended by
striking ``Fund,'' and inserting ``Fund established by
section 1115 of title 31, United States Code,''.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect as if the amendment had been included in
section 210603(b) of the Act referred to in paragraph (1) on
the date of the enactment of such Act.
(j) Correction of Unexecutable Amendment to Section 923.--
(1) Correction.--Section 201(1) of the Act, entitled ``An
Act to provide for a waiting period before the purchase of a
handgun, and for the establishment of a national instant
criminal background check system to be contacted by firearms
dealers before the transfer of any firearm.'' (Public Law
103-159), is amended by striking ``thereon,'' and inserting
``thereon''.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect as if the amendment had been included in
the Act referred to in paragraph (1) on the date of the
enactment of such Act.
(k) Correction of Punctuation and Indentation in Section
923.--Section 923(g)(1)(B)(ii) of title 18, United States
Code, is amended--
(1) by striking the period and inserting ``; or''; and
(2) by moving such clause 4 ems to the left.
(l) Redesignation of Subsection and Correction of
Indentation in Section 923.--Section 923 of title 18, United
States Code, is amended--
(1) by redesignating the last subsection as subsection (l);
and
(2) by moving such subsection 2 ems to the left.
(m) Correction of Typographical Error in Amendatory
Provision.--
(1) Correction.--Section 110507 of the Violent Crime
Control and Law Enforcement Act of 1994 (Public Law 103-322)
is amended--
(A) by striking ``924(a)'' and inserting ``924''; and
(B) in paragraph (2), by striking ``subsections'' and
inserting ``subsection''.
(2) Effective date.--The amendments made by paragraph (1)
shall take effect as if the amendments had been included in
section 110507 of the Act referred to in paragraph (1) on the
date of the enactment of such Act.
(n) Elimination of Duplicate Amendment.--Subsection (h) of
section 330002 of the Violent Crime Control and Law
Enforcement Act of 1994 is repealed and shall be considered
never to have been enacted.
(o) Redesignation of Paragraph in Section 924.--Section
924(a) of title 18, United States Code, is amended by
redesignating the 2nd paragraph (5) as paragraph (6).
(p) Elimination of Comma Erroneously Included in Amendment
to Section 924.--
(1) Amendment.--Section 110102(c)(2) of the Violent Crime
Control and Law Enforcement Act of 1994 (Public Law 103-322)
is amended by striking ``shotgun,'' and inserting
``shotgun''.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect as if the amendment had been included in
section 110102(c)(2) of the Act referred to in paragraph (1)
on the date of the enactment of such Act.
(q) Insertion of Close Parenthesis in Section 924.--Section
924(j)(3) of title 18, United States Code, is amended by
inserting a close parenthesis before the comma.
(r) Redesignation of Subsections in Section 924.--Section
924 of title 18, United States Code, is amended by
redesignating the 2nd subsection (i), and subsections (j),
(k), (l), (m), and (n) as subsections (j), (k), (l), (m),
(n), and (o), respectively.
(s) Correction of Erroneous Cross Reference in Amendatory
Provision.--Section 110504(a) of the Violent Crime Control
and Law Enforcement Act of 1994 (Public Law 103-322) is
amended by striking ``110203(a)'' and inserting ``110503''.
(t) Correction of Cross Reference in Section 930.--Section
930(e)(2) of title 18, United States Code, is amended by
striking ``(c)'' and inserting ``(d)''.
(u) Correction of Cross References in Section 930.--The
last subsection of section 930 of title 18, United States
Code, is amended--
(1) by striking ``(g)'' and inserting ``(h)''; and
(2) by striking ``(d)'' each place such term appears and
inserting ``(e)''.
SEC. 604. ADDITIONAL AMENDMENTS ARISING FROM ERRORS IN PUBLIC
LAW 103-322.
(a) Stylistic Corrections Relating to Tables of Sections.--
[[Page H12142]]
(1) The table of sections at the beginning of chapter 110A
of title 18, United States Code, is amended to read as
follows:
``Sec.
``2261. Interstate domestic violence.
``2262. Interstate violation of protection order.
``2263. Pretrial release of defendant.
``2264. Restitution.
``2265. Full faith and credit given to protection orders.
``2266. Definitions.''.
(2) Chapter 26 of title 18, United States Code, is amended
by inserting after the heading for such chapter the following
table of sections:
``Sec.
``521. Criminal street gangs.''.
(3) Chapter 123 of title 18, United States Code, is amended
by inserting after the heading for such chapter the following
table of sections:
``Sec.
``2721. Prohibition on release and use of certain personal information
from State motor vehicle records.
``2722. Additional unlawful acts.
``2723. Penalties.
``2724. Civil action.
``2725. Definitions.''.
(4) The item relating to section 3509 in the table of
sections at the beginning of chapter 223 of title 18, United
States Code, is amended by striking ``Victims''' and
inserting ``victims'''.
(b) Unit Reference Corrections, Removal of Duplicate
Amendments, and Other Similar Corrections.--
(1) Section 40503(b)(3) of Public Law 103-322 is amended by
striking ``paragraph (b)(1)'' and inserting ``paragraph
(1)''.
(2) Section 60003(a)(2) of Public Law 103-322 is amended by
striking ``at the end of the section'' and inserting ``at the
end of the subsection''.
(3) Section 3582(c)(1)(A)(i) of title 18, United States
Code, is amended by adding ``or'' at the end.
(4) Section 102 of the Controlled Substances Act (21 U.S.C.
802) is amended by redesignating the second paragraph (43) as
paragraph (44).
(5) Subsections (a) and (b) of section 120005 of Public Law
103-322 are each amended by inserting ``at the end'' after
``adding''.
(6) Section 160001(f) of Public Law 103-322 is amended by
striking ``1961(l)'' and inserting ``1961(1)''.
(7) Section 170201(c) of Public Law 103-322 is amended by
striking paragraphs (1), (2), and (3).
(8) Subparagraph (D) of section 511(b)(2) of title 18,
United States Code, is amended by adjusting its margin to be
the same as the margin of subparagraph (C) and adjusting the
margins of its clauses so they are indented 2-ems further
than the margin of the subparagraph.
(9) Section 230207 of Public Law 103-322 is amended by
striking ``two'' and inserting ``2'' the first place it
appears.
(10) The first of the two undesignated paragraphs of
section 240002(c) of Public Law 103-322 is designated as
paragraph (1) and the second as paragraph (2).
(11) Section 280005(a) of Public Law 103-322 is amended by
striking ``Section 991 (a)'' and inserting ``Section
991(a)''.
(12) Section 320101 of Public Law 103-322 is amended--
(A) in subsection (b), by striking paragraph (1);
(B) in subsection (c), by striking paragraphs (1)(A) and
(2)(A);
(C) in subsection (d), by striking paragraph (3); and
(D) in subsection (e), by striking paragraphs (1) and (2).
(13) Section 320102 of Public Law 103-322 is amended by
striking paragraph (2).
(14) Section 320103 of Public Law 103-322 is amended--
(A) in subsection (a), by striking paragraph (1);
(B) in subsection (b), by striking paragraph (1); and
(C) in subsection (c), by striking paragraphs (1) and (3).
(15) Section 320103(e) of Public Law 103-322 is amended--
(A) in the subsection catchline, by striking ``Fair
Housing'' and inserting ``1968 Civil Rights''; and
(B) by striking ``of the Fair Housing Act'' and inserting
``of the Civil Rights Act of 1968''.
(16) Section 320109(1) of Public Law 103-322 is amended by
inserting an open quotation mark before ``(a) In General''.
(17) Section 320602(1) of Public Law 103-322 is amended by
striking ``whoever'' and inserting ``Whoever''.
(18) Section 668(a) of title 18, United States Code, is
amended--
(A) by designating the first undesignated paragraph that
begins with a quotation mark as paragraph (1);
(B) by designating the second undesignated paragraph that
begins with a quotation mark as paragraph (2); and
(C) by striking the close quotation mark and the period at
the end of the subsection.
(19) Section 320911(a) of Public Law 103-322 is amended in
each of paragraphs (1) and (2), by striking ``thirteenth''
and inserting ``14th''.
(20) Section 2311 of title 18, United States Code, is
amended by striking ``livestock'' where it appears in
quotation marks and inserting ``Livestock''.
(21) Section 540A(c) of title 28, United States Code, is
amended--
(A) by designating the first undesignated paragraph as
paragraph (1);
(B) by designating the second undesignated paragraph as
paragraph (2); and
(C) by designating the third undesignated paragraph as
paragraph (3).
(22) Section 330002(d) of Public Law 103-322 is amended by
striking ``the comma'' and inserting ``each comma''.
(23) Section 330004(18) of Public Law 103-322 is amended by
striking ``the Philippine'' and inserting ``Philippine''.
(24) Section 330010(17) of Public Law 103-322 is amended by
striking ``(2)(iii)'' and inserting ``(2)(A)(iii)''.
(25) Section 330011(d) of Public Law 103-322 is amended--
(A) by striking ``each place'' and inserting ``the first
place''; and
(B) by striking ``1169'' and inserting ``1168''.
(26) The item in the table of sections at the beginning of
chapter 53 of title 18, United States Code, that relates to
section 1169 is transferred to appear after the item relating
to section 1168.
(27) Section 901 of the Civil Rights Act of 1968 is amended
by striking ``under this title'' each place it appears and
inserting ``under title 18, United States Code,''.
(28) Section 223(a)(12)(A) of the Juvenile Justice and
Delinquency Prevention Act of 1974 (42 U.S.C. 5633(a)(12)(A))
is amended by striking ``law).'' and inserting ``law)''.
(29) Section 250008(a)(2) of Public Law 103-322 is amended
by striking ``this Act'' and inserting ``provisions of law
amended by this title''.
(30) Section 36(a) of title 18, United States Code, is
amended--
(A) in paragraph (1), by striking ``403(c)'' and inserting
``408(c)''; and
(B) in paragraph (2), by striking ``Export Control'' and
inserting ``Export''.
(31) Section 1512(a)(2)(A) of title 18, United States Code,
is amended by adding ``and'' at the end.
(32) Section 13(b)(2)(A) of title 18, United States Code,
is amended by striking ``of not more than $1,000'' and
inserting ``under this title''.
(33) Section 160001(g)(1) of Public Law 103-322 is amended
by striking ``(a) Whoever'' and inserting ``Whoever''.
(34) Section 290001(a) of Public Law 103-322 is amended by
striking ``subtitle'' and inserting ``section''.
(35) Section 3592(c)(12) of title 18, United States Code,
is amended by striking ``Controlled Substances Act'' and
inserting ``Comprehensive Drug Abuse Prevention and Control
Act of 1970''.
(36) Section 1030 of title 18, United States Code, is
amended--
(A) by inserting ``or'' at the end of subsection
(a)(5)(B)(ii)(II)(bb);
(B) by striking ``and'' after the semicolon in subsection
(c)(1)(B);
(C) in subsection (g), by striking ``the section'' and
inserting ``this section''; and
(D) in subsection (h), by striking ``section 1030(a)(5) of
title 18, United States Code'' and inserting ``subsection
(a)(5)''.
(37) Section 320103(c) of Public Law 103-322 is amended by
striking the semicolon at the end of paragraph (2) and
inserting a close quotation mark followed by a semicolon.
(38) Section 320104(b) of Public Law 103-322 is amended by
striking the comma that follows ``2319 (relating to copyright
infringement)'' the first place it appears.
(39) Section 1515(a)(1)(D) of title 18, United States Code,
is amended by striking ``; or'' and inserting a semicolon.
(40) Section 5037(b) of title 18, United States Code, is
amended in each of paragraphs (1)(B) and (2)(B), by striking
``3561(b)'' and inserting ``3561(c)''.
(41) Section 330004(3) of Public Law 103-322 is amended by
striking ``thirteenth'' and inserting ``14th''.
(42) Section 2511(1)(e)(i) of title 18, United States Code,
is amended--
(A) by striking ``sections 2511(2)(A)(ii), 2511(b)-(c),
2511(e)'' and inserting ``sections 2511(2)(a)(ii),
2511(2)(b)-(c), 2511(2)(e)''; and
(B) by striking ``subchapter'' and inserting ``chapter''.
(43) Section 1516(b) of title 18, United States Code, is
amended by inserting ``and'' at the end of paragraph (1).
(44) The item relating to section 1920 in the table of
sections at the beginning of chapter 93 of title 18, United
States Code, is amended by striking ``employee's'' and
inserting ``employees'''.
(45) Section 330022 of Public Law 103-322 is amended by
inserting a period after ``communications'' and before the
close quotation mark.
(46) Section 2721(c) of title 18, United States Code, is
amended by striking ``covered by this title'' and inserting
``covered by this chapter''.
(c) Elimination of Extra Words.--
(1) Section 3561(b) of title 18, United States Code, is
amended by striking ``or any relative defendant, child, or
former child of the defendant,''.
(2) Section 351(e) of title 18, United States Code, is
amended by striking ``involved in the use of a'' and
inserting ``involved the use of a''.
(d) Effective Date.--The amendments made by this section
shall take effect on the date of enactment of Public Law 103-
322.
[[Page H12143]]
SEC. 605. ADDITIONAL TYPOGRAPHICAL AND SIMILAR ERRORS FROM
VARIOUS SOURCES.
(a) Misused Connector.--Section 1958(a) of title 18, United
States Code, is amended by striking ``this title and
imprisoned'' and inserting ``this title or imprisoned''.
(b) Spelling Error.--Effective on the date of its
enactment, section 961(h)(1) of the Financial Institutions
Reform, Recovery, and Enforcement Act of 1989 is amended by
striking ``Saving and Loan'' and inserting ``Savings and
Loan''.
(c) Wrong Section Designation.--The table of chapters for
part I of title 18, United States Code, is amended in the
item relating to chapter 71 by striking ``1461'' and
inserting ``1460''.
(d) Internal Cross Reference.--Section 2262(a)(1)(A)(ii) of
title 18, United States Code, is amended by striking
``subparagraph (A)'' and inserting ``this subparagraph''.
(e) Missing Comma.--Section 1361 of title 18, United States
Code, is amended by inserting a comma after ``attempts to
commit any of the foregoing offenses''.
(f) Cross Reference Error From Public Law 103-414.--The
first sentence of section 2703(d) of title 18, United States
Code, by striking ``3126(2)(A)'' and inserting
``3127(2)(A)''.
(g) Internal Reference Error in Public Law 103-359.--
Section 3077(8)(A) of title 18, United States Code, is
amended by striking ``title 18, United States Code'' and
inserting ``this title''.
(h) Spelling and Internal Reference Error in Section
3509.--Section 3509 of title 18, United States Code, is
amended--
(1) in subsection (e), by striking ``government's'' and
inserting ``Government's''; and
(2) in subsection (h)(3), by striking ``subpart'' and
inserting ``paragraph''.
(i) Error in Subdivision From Public Law 103-329.--Section
3056(a)(3) of title 18, United States Code, is amended by
redesignating subparagraphs (1) and (2) as subparagraphs (A)
and (B), respectively and moving the margins of such
subparagraphs 2 ems to the right.
(j) Table of Contents Correction.--The table of contents at
the beginning of the Antiterrorism and Effective Death
Penalty Act of 1996 is amended by inserting ``title i--habeas
corpus reform'' before the item relating to section 101.
(k) Correcting Error in Amendatory Instructions.--Section
107(b) of the Antiterrorism and Effective Death Penalty Act
of 1996 is amended by striking ``IV'' and inserting ``VI''.
(l) Correcting Error in Description of Provision Amended.--
With respect to subparagraph (F) only of paragraph (1) of
section 205(a) of the Antiterrorism and Effective Death
Penalty Act of 1996, the reference at the beginning of such
paragraph to ``subsection (a)(1)'' shall be deemed a
reference to ``subsection (a)''.
(m) Addition of Missing Reference.--Section 725(2) of the
Antiterrorism and Effective Death Penalty Act of 1996 is
amended by inserting ``(2)'' after ``subsection (b)''.
(n) Conforming Amendment to Table of Sections.--The table
of sections at the beginning of chapter 203 of title 18,
United States Code, is amended by inserting after the item
relating to section 3059A the following new item:
``3059B. General reward authority.''.
(o) Insertion of Missing Punctuation.--Section 6005(b)(3)
of title 18, United States Code, is amended by adding a
period at the end.
(p) Correction of Erroneous Section Number.--
(1) Section 2401 of title 18, United States Code, is
redesignated as section 2441.
(2) The item relating to section 2401 in the table of
sections at the beginning of chapter 118 of title 18, United
States Code, is amended by striking ``2401'' and inserting
``2441''.
(3) The table of chapters for part I of title 18, United
States Code, is amended in the item relating to chapter 118,
by striking ``2401'' and inserting ``2441''.
(q) Duplicate section number.--That section 2332d of title
18, United States Code, that relates to requests for military
assistance to enforce prohibition in certain emergencies is
redesignated as section 2332e and moved to follow the section
2332d that relates to financial transactions, and the item
relating to the section redesignated by this subsection is
amended by striking ``2332d` and inserting ``2332e'' and
moved to follow the item relating to the section 2332d that
relates to financial transactions.
(r) Correction of Word Usage.--Section 247(d) of title 18,
United States Code, is amended by striking ``notification''
and inserting ``certification''.
SEC. 606. ADJUSTING AND MAKING UNIFORM THE DOLLAR AMOUNTS
USED IN TITLE 18 TO DISTINGUISH BETWEEN GRADES
OF OFFENSES.
(a) Sections 215, 288, 641, 643, 644, 645, 646, 647, 648,
649, 650, 651, 652, 653, 654, 655, 656, 657, 658, 659, 661,
662, 665, 872, 1003, 1025, 1163, 1361, 1707, 1711, and 2113
of title 18, United States Code, are amended by striking
``$100'' each place it appears and inserting ``$1,000''.
(b) Section 510 of title 18, United States Code, is amended
by striking ``$500'' and inserting ``$1,000''.
SEC. 607. APPLICATION OF VARIOUS OFFENSES TO POSSESSIONS AND
TERRITORIES.
(a) Sections 241 and 242 of title 18, United States Code,
are each amended by striking ``any State, Territory, or
District'' and inserting ``any State, Territory,
Commonwealth, Possession, or District''.
(b) Sections 793(h)(1) and 794(d)(1) of title 18, United
States Code, are each amended by adding at the end the
following: ``For the purposes of this subsection, the term
`State' includes a State of the United States, the District
of Columbia, and any commonwealth, territory, or possession
of the United States.''.
(c) Section 925(a)(5) of title 18, United States Code, is
amended by striking ``For the purpose of paragraphs (3) and
(4)'' and inserting ``For the purpose of paragraph (3)''.
(d) Sections 1014 and 2113(g) of title 18, United States
Code, are each amended by adding at the end the following:
``The term `State-chartered credit union' includes a credit
union chartered under the laws of a State of the United
States, the District of Columbia, or any commonwealth,
territory, or possession of the United States.''.
(e) Section 1073 of title 18, United States Code, is
amended by adding at the end of the first paragraph the
following: ``For the purposes of clause (3) of this
paragraph, the term `State' includes a State of the United
States, the District of Columbia, and any commonwealth,
territory, or possession of the United States.''.
(f) Section 1715 of title 18, United States Code, is
amended by striking ``State, Territory, or District'' each
place those words appear and inserting ``State, Territory,
Commonwealth, Possession, or District''.
(g) Section 1716 of title 18, United States Code, is
amended--
(1) in subsection (g)(2) by striking ``State, Territory, or
the District of Columbia'' and inserting ``State'';
(2) in subsection (g)(3) by striking ``the municipal
government of the District of Columbia or of the government
of any State or territory, or any county, city, or other
political subdivision of a State'' and inserting ``any State,
or any political subdivision of a State''; and
(3) by adding at the end the following:
``(j) For purposes of this section, the term `State'
includes a State of the United States, the District of
Columbia, and any commonwealth, territory, or possession of
the United States.''.
(h) Section 1761 of title 18, United States Code, is
amended by adding at the end the following new subsection:
``(d) For the purposes of this section, the term `State'
means a State of the United States and any commonwealth,
territory, or possession of the United States.''.
(i) Section 3156(a) of title 18, United States Code, is
amended--
(1) by striking ``and'' at the end of paragraph (3);
(2) by striking the period and inserting ``; and'' at the
end of paragraph (4); and
(3) by adding at the end the following new paragraph:
``(5) the term `State' includes a State of the United
States, the District of Columbia, and any commonwealth,
territory, or possession of the United States.''.
(j) Section 102 of the Controlled Substances Act (21 U.S.C.
802) is amended--
(1) by amending paragraph (26) to read as follows:
``(26) The term `State' means a State of the United States,
the District of Columbia, and any commonwealth, territory, or
possession of the United States.''; and
(2) by redesignating paragraph (43), as added by section
90105(d) of the Violent Crime Control and Law Enforcement Act
of 1994, as paragraph (44).
(k) Section 1121 of title 18, United States Code, is
amended by adding at the end the following new subsection:
``(c) For the purposes of this section, the term `State'
means a State of the United States, the District of Columbia,
and any commonwealth, territory, or possession of the United
States.''.
(l) Section 228(d)(2) of title 18, United States Code, is
amended by inserting ``commonwealth,'' before ``possession or
territory of the United States''.
(m) Section 1546(c) of title 18, United States Code, is
amended by adding at the end the following: ``For purposes of
this section, the term `State' means a State of the United
States, the District of Columbia, and any commonwealth,
territory, or possession of the United States.''.
(n) Section 1541 of title 18, United States Code, is
amended--
(1) in the first undesignated paragraph, by striking ``or
possession''; and
(2) by adding at the end the following new paragraph:
``For purposes of this section, the term `State' means a
State of the United States, the District of Columbia, and any
commonwealth, territory, or possession of the United
States.''.
(o) Section 37(c) of title 18, United States Code, is
amended in the final sentence by inserting before the period
the following: ``, and the term `State' means a State of the
United States, the District of Columbia, and any
commonwealth, territory, or possession of the United
States''.
(p) Section 2281(c) of title 18, United States Code, is
amended in the final sentence by inserting before the period
the following: ``, and the term `State' means a State of the
United States, the District of Columbia, and any
commonwealth, territory, or possession of the United
States''.
(q) Section 521(a) of title 18, United States Code, is
amended by adding at the end the following: `` `State' means
a State of the United States, the District of Columbia, and
any commonwealth, territory, or possession of the United
States.''.
Mr. McCOLLUM (during the reading). Mr. Speaker, I ask unanimous
consent
[[Page H12144]]
that the amendment be considered as read and printed in the Record.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Florida?
There was no objection.
The SPEAKER pro tempore. Is there objection to the original request
of the gentleman from Florida?
Ms. LOFGREN. Mr. Speaker, reserving the right to object, and I will
not object, I would ask the gentleman from Florida [Mr. McCOLLUM], and
other committee members to explain.
Mr. McCOLLUM. Mr. Speaker, will the gentlewoman yield?
Ms. LOFGREN. I yield to the gentleman from Florida.
Mr. McCOLLUM. Mr. Speaker, this amendment to H.R. 3723 is based in
large part on draft legislation forwarded to the Subcommittee on Crime
from the Department of Justice and the Federal Bureau of Investigation,
and much of it has previously passed the House by a vote of 399-3 on
September 17. The bill passed by other body by unanimous consent with
an amendment. The amendment I offer today reconciles the differences
between these versions of this bill and is the result of negotiations
with the majority and minority of both bodies.
This amendment retains much of the original provisions of H.R. 3723,
but it differs from that bill in some significant ways. The amendment
will create two new crimes, instead of the one created by the House-
passed version of the bill, and will increase the proof of state of
mind required to prove a violation of both offenses from that of the
original House bill. The crime of ``economic espionage'' will require
proof of intent or knowledge by the offender that the offense will
benefit a foreign government, foreign instrumentality, or foreign agent
through economic espionage.
The provision will extend the protections of this law to private
computers used in interstate commerce and will also close loopholes in
existing law that, in some cases, would have prevented the Government
from prosecuting persons who sabotage Government computers.
Finally, the amendment includes the provisions of H.R. 2538, the
``Criminal Law Technical Amendments Act of 1995,'' which passed by the
House under suspension of the rules on December 12, 1995. Included
along with these purely technical amendments from H.R. 2538 are
additional technical corrections to the Anti-terrorism law passed by
the Congress earlier this session and two minor substantive provisions
(S. 1331 and S. 1332) that passed unanimously in the other body.
Mr. Speaker, this amendment represents the bipartisan efforts of
Members of the House and the other body. I am pleased to offer it
today.
Mr. Speaker this amendment to H.R. 3723 is based in large part on
draft legislation forwarded to the Subcommittee on Crime from the
Department of Justice and the Federal Bureau of Investigation, and much
of it has previously passed the House by a vote of 399-3 on September
17. The bill passed the other body by unanimous consent with an
amendment. The amendment I offer today reconciles the differences
between these versions of this bill and is the result of negotiations
with the majority and minority of both bodies.
This amendment retains much of the original provisions of H.R. 3723,
but it differs from that bill in some significant ways. The amendment
will create two new crimes, instead of the one created by the House-
passed version of the bill, and will increase the proof of state of
mind required to prove a violation of both offenses from that of the
original House bill. The crime of ``economic espionage'' will require
proof of intent or knowledge by the offender that the offense will
benefit a foreign government, foreign instrumentality, or foreign agent
through economic espionage. The crime of ``theft of trade secrets''
will require proof of the offender's intention to convert a trade
secret for the economic benefit of a person other than the owner and
also the intent or knowledge by the offender that the offense will
injure the owner of the trade secret.
Also, the punishments for these crimes have been slightly altered
from those set forth in H.R. 3723, so as to bring them more in line
with existing theft and espionage statutes. Finally, the provisions
dealing with the extra-territorial reach of the statute has been
amended to make it clear that the statute does not apply to a foreign
corporation in which an American may happen to hold an ownership
interest, unless such corporation commits an act in furtherance of one
of these two offenses inside the United States.
Mr. Speaker, this amendment also includes the provisions of S. 982,
the ``National Information Infrastructure Act of 1996,'' which passed
unanimously in the other body on September 18 and which is identical to
H.R. 4095, introduced by the gentleman from Virginia [Mr. Goodlatte].
Both of these bills are based on draft legislation requested by the
Justice Department. This provision amends the existing statute dealing
with acts of fraud committed by computer and acts of sabotage to
government computers. The provision will extend the protections of this
law to private computers used in interstate commerce and will also
close loopholes in existing law that, in some cases, would have
prevented the government from prosecuting persons who sabotage
government computers.
Finally, the amendment includes the provisions of H.R. 2538, the
``Criminal Law Technical Amendments Act of 1995,'' which passed by the
House under suspension of the rules on December 12, 1995. Included
along with these purely technical amendments from H.R. 2538 are
additional technical corrections to the Anti-terrorism law passed by
the Congress earlier this session and two minor substantive provisions
(S. 1331 and S. 1332) that passed unanimously in the other body. Those
provisions would amend certain sections of title 18 to ensure that all
title 18 laws will apply to U.S. commonwealths and territories, and
would adjust the dollar amounts specified in certain title 18 crimes,
and which distinguish between grades of offenses, so that all title 18
crimes are uniform in this respect.
Mr. Speaker, I wish to make clear my view as the Member who
introduced H.R. 3723 as to two questions that have been raised by the
State Department. The principal purpose of new section 1831 of title 18
is to prevent and punish acts of economic espionage involving foreign
government, foreign instrumentalities, or foreign agents. The term
``foreign instrumentality'' is defined in the legislation to mean a
foreign corporation or company only when a foreign government
substantially owns, controls, sponsors, commands, manages, or dominates
that corporation or company. Thus, when this is not the case, a foreign
corporation or company should not be prosecuted under the section
dealing with economic espionage, new section 1831, but rather under the
section dealing with theft of trade secrets, new section 1832.
Mr. Speaker, I also want to make it clear that to make out a case
under either of these two new sections, the government must show that
the accused knew or should have known that his conduct with respect to
the trade secret was done without the authorization of the owner of the
trade secret. Thus, this act should not give rise to a prosecution for
legitimate economic data collection or reporting by personnel of
foreign governments or international financial institutions, such as
the World Bank, where the person collecting or reporting the
information does not know (or should not be charged with knowing) that
their actions in collecting or reporting the information was without
the authorization of the owner.
Mr. Speaker, this amendment represents the bipartisan efforts of
Members of both the House and the other body. I am pleased to offer it
today.
Mr. Speaker, this amendment represents the bipartisan efforts of
Members of both the House and the other body, and I pleased to offer it
today. And I would say to the gentlewoman that I believe that all of
these are excellent provisions.
What we are dealing with today is the Economic Espionage Act, that is
the underlying bill that passed the House, and what we need to be
reminded of as we pass this tonight is that we have a fundamental
problem with the espionage of our economic secrets in this country.
There has been a longstanding need to address this in the criminal laws
of our Nation, and I believe that we finally have reached an accord
with the other body, and if we pass this tonight we will accomplish it.
Mr. Speaker, I thank the gentlewoman for yielding to me and
understand that she will yield to the gentleman from Virginia [Mr.
Goodlatte], to explain perhaps the computer part of this a little more.
Ms. LOFGREN. Mr. Speaker, further reserving the right to object, I
yield to the gentleman from Virginia [Mr. Goodlatte] to discuss further
the computer issue.
Mr. GOODLATTE. Mr. Speaker, I thank the gentlewoman for yielding, and
I thank the gentleman from Florida [Mr. McCollum], the chairman of the
Subcommittee on Crime, for including the legislation which I
introduced, H.R. 4095, in this unanimous-consent request.
With the benefits created by the explosion of computer networks comes
a
[[Page H12145]]
very serious concern: Network computers also provide new opportunities
for criminal activity.
The computer emergency response team, known as CERT, based on the
Carnegie Mellon University in Pittsburgh, reports that the number of
reported intrusions into U.S.-based computer systems rose from 773 in
1992 to more than 2,300 in 1994. Once into a computer system, hackers
have the ability to steal, modify, or destroy sensitive data, thus the
potential cost to users, including businesses, are staggering.
That is why the Justice Department and the FBI support this important
legislation. It will help stem the on-line crime epidemic and increase
protection for both government and private computers. The bill would
allow Federal prosecution for those who misuses computers to obtain
government information and, where appropriate, information held by the
private sector.
The bill would also penalize any person who uses a computer to cause
the transmission of a computer virus or other harmful computer program
to government and financial institution computers not used in
interstate communications, such as intrastate local area networks used
by government agencies.
The NIA Protection Act would provide much needed protection for our
Nation's important information infrastructure and help maintain the
privacy of electronic information.
Ms. LOFGREN. Mr. Speaker, further reserving the right to object, I
would like to say how pleased I am that we are able to enact this
measure into law this night and have it become law and for the
President to sign it.
American companies have faced the fact, unfortunately, that our laws
were written so long ago that they do not deal with the protection of
ideas in the way that they should, and we know in this information
society it is the great power of our information and ideas that will
keep us on the cutting edge of the economies of the world.
So I fully support this bill as well as the other Senate amendments.
Mr. Speaker, I withdraw my reservation of objection.
The SPEAKER pro tempore. Is there objection to the original request
of the gentleman from Florida?
There was no objection.
A motion to reconsider was laid on the table.
____________________