[House Report 104-391]
[From the U.S. Government Publishing Office]



104th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 1st Session                                                    104-391
_______________________________________________________________________


 
             CRIMINAL LAW TECHNICAL AMENDMENTS ACT OF 1995

                                _______


  December 11, 1995.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

_______________________________________________________________________


   Mr. McCollum, from the Committee on the Judiciary, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 2538]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on the Judiciary, to whom was referred the 
bill (H.R. 2538) to make clerical and technical amendments to 
title 18, United States Code, and other provisions of law 
relating to crime and criminal justice, having considered the 
same, report favorably thereon without amendment and recommend 
that the bill do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     1
Background and Need for Legislation..............................     2
Hearings.........................................................     2
Committee Consideration..........................................     2
Committee Oversight Findings.....................................     2
Committee on Government Reform and Oversight.....................     3
New Budget Authority and Tax Expenditures........................     3
Congressional Budget Office Estimate.............................     3
Inflationary Impact Statement....................................     3
Section-by-Section Analysis and Discussion.......................     3
Agency Views.....................................................     4
Changes in Existing Law Made by the Bill, as Reported............     4

                          Purpose and Summary

    H.R. 2538, the ``Criminal Law Technical Amendments Act of 
1995,'' makes a number of technical amendments to the federal 
criminal law, principally in title 18 and title 21 of the 
United States Code. Over the past several years, the Office of 
Legislative Counsel of the House of Representatives and the 
Department of Justice have accumulated a list of technical 
errors in the federal criminal law. Many of these errors have 
occurred as a result of rapid change to federal criminal law in 
the last several years. H.R. 2538 is purely technical in 
nature. No substantive modifications to the criminal law are 
made by this bill.

                Background and Need for the Legislation

    H.R. 2538 is a purely technical bill. It makes a number of 
amendments to the federal criminal law. Most of the amendments 
are to sections of title 18 and title 21 of the United States 
Code. There are no substantive modifications to the criminal 
law made by this bill.
    The bill makes various amendments to the criminal law. For 
example, the bill corrects a number of misspelled words, and 
errors in punctuation and other items of grammar. The bill also 
corrects a number of cross-references to the wrong sections. 
Many of these resulted when several new laws were added to 
title 18 by the Violent Crime Control and Law Enforcement Act 
of 1994, Public Law 103-322. Additionally, the bill deletes 
cross-references in title 18 to federal agencies that no longer 
exist, such as the Reconstruction Finance Corporation, and 
deletes duplicate provisions found in more than one place in 
the criminal law. Finally, the bill deletes several specific 
statutory fine amounts that unintentionally remain in the 
printed United States Code, notwithstanding the fact that 
several years ago Congress deleted specific fine amounts from 
title 18 and enacted a uniform fine section applicable to all 
crimes.
    It is appropriate that Congress ensure that the written 
federal law, as read by both practitioners and the public, 
reflects the true intent of Congress. When this is so, the 
public's confidence in the Legislative Branch is strengthened 
and it becomes more likely that legal interpretations announced 
in federal courts will be consistent with the intent of 
Congress. H.R. 2538 promotes these important goals.

                                Hearings

    There were no hearings held on H.R. 2538.

                        Committee Consideration

    On October 31, 1995, the Committee met in open session and 
ordered reported the bill H.R. 2538 without amendment by voice 
vote, a quorum being present.

                      Committee Oversight Findings

    In compliance with clause 2(l)(3)(A) of rule XI of the 
Rules of the House of Representatives, the Committee reports 
that the findings and recommendations of the Committee, based 
on oversight activities under clause 2(b)(1) of rule X of the 
Rules of the House of Representatives, are incorporated in the 
descriptive portions of this report.

         Committee on Government Reform and Oversight Findings

    No findings or recommendations of the Committee on 
Government Reform and Oversight were received as referred to in 
clause 2(l)(3)(D) of rule XI of the Rules of the House of 
Representatives.

               New Budget Authority and Tax Expenditures

    Clause 2(l)(3)(B) of House rule XI is inapplicable because 
this legislation does not provide new budgetary authority or 
increased tax expenditures.

               Congressional Budget Office Cost Estimate

    In compliance with clause 2(l)(C)(3) of rule XI of the 
Rules of the House of Representatives, the Committee sets 
forth, with respect to the bill, H.R. 2538, the following 
estimate and comparison prepared by the Director of the 
Congressional Budget Office under section 403 of the 
Congressional Budget Act of 1974:

                                     U.S. Congress,
                               Congressional Budget Office,
                                  Washington, DC, November 7, 1995.
Hon. Henry J. Hyde,
Chairman, Committee on the Judiciary, House of Representatives, 
        Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
reviewed H.R. 2538, the Criminal Law Technical Amendments Act 
of 1995, as ordered reported by the House Committee on the 
Judiciary on October 31, 1995. This bill would make clerical 
and technical amendments to title 18 and other provisions of 
law relating to crime and criminal justice.
    Because this bill would not make any substantive changes to 
criminal law, CBO estimates that enacting H.R. 2538 would 
result in no additional cost to the federal government. 
Enacting H.R. 2538 would not affect direct spending or 
receipts. Therefore, pay-as-you-go procedures would not apply 
to the bill.
    H.R. 2538 would not affect state criminal law. Thus, 
enacting this bill would not affect the budgets of state or 
local governments.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Susanne S. 
Mehlman.
            Sincerely,
                                              James L. Blum
                                   (For June E. O'Neill, Director).

                     Inflationary Impact Statement

    Pursuant to clause 2(l)(4) of rule XI of the Rules of the 
House of Representatives, the Committee estimates that H.R. 
2538 will have no significant inflationary impact on prices and 
costs in the national economy.

                      Section-By-Section Analysis

    Section 1. Short Title.--This section states the short 
title of the bill as ``Criminal Law Technical Amendments Act of 
1995.''
    Sec. 2. General Technical Amendments.--This section 
contains numerous amendments to provisions in title 18 and 
other titles. These amendments correct a number of grammatical, 
punctuation, and capitalization errors; correct erroneous 
cross-references to sections in title 18; eliminate duplicate 
portions of text found in certain sections of the United States 
Code; and simplify confusing wording in certain sections of 
title 18.
    This section also makes an important amendment to a number 
of sections of title 18 that specify specific criminal fine 
amounts which are inconsistent with current federal law. In 
1987, Congress enacted the ``Criminal Fine Improvements Act of 
1987'' (Public Law 100-185) which, in part, overrode all of the 
lesser, specified, pre-existing fine amounts in the federal 
criminal law. Instead, Congress established a uniform fine 
provision (18 U.S.C. 3571) that applies to all crimes for which 
a fine is an authorized form of punishment. When Public law 
100-185 was enacted, however, many sections of title 18 were 
not amended to remove obsolete fine references. H.R. 2538 
eliminates these specific fine amounts in favor of the uniform 
fine provision of section 3571.
    Sec. 3. Repeal of Obsolete Provisions in Title 18.--This 
section repeals provisions of title 18 and title 21 that are no 
longer needed because they refer to federal agencies that no 
longer exist or duplicate provisions found elsewhere in the 
criminal law.
    Sec. 4. Technical Amendments Relating to Chapters 40 and 44 
of Title 18.--This section makes a number of spelling and 
punctuation errors in chapters 40 and 44 of title 18, 
concerning explosive materials and firearms, respectively. It 
also corrects erroneous cross-references and eliminates 
duplicate text found in those sections. Finally, it codifies 
several provisions passed into law but which for technical 
reasons are not contained in the official published version of 
the United States Code.
    Sec. 5. Additional Amendments Arising From Errors in Public 
Law 103-322.--Section 5 of the bill contains a number of 
amendments to the Violent Crime Control and Law Enforcement Act 
of 1994, enacted into law as Public Law 103-322. While these 
amendments are similar in nature to other amendments in H.R. 
2538, they are grouped in section 5 for ease of reference.
    Sec. 6. Additional Typographical And Similar Errors From 
Various Sources.--This section corrects a number of 
miscellaneous typographical, punctuation, and cross-references 
not corrected in other sections of H.R. 2538.

                              Agency Views

    The Committee has not received the formal written views of 
the Administration with respect to H.R. 2538. Administration 
officials have informed the Committee that the Administration 
supports passage of the bill.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3 of rule XIII of the Rules of the 
House of Representatives, changes in existing law made by the 
bill, as reported, are shown as follows (existing law proposed 
to be omitted is enclosed in black brackets, new matter is 
printed in italic, existing law in which no change is proposed 
is shown in roman):

                      TITLE 18, UNITED STATES CODE

          * * * * * * *

                             PART I--CRIMES

Chap.                                                               Sec.
     * * * * * * *
71. Obscenity...........................................     [1461] 1460
     * * * * * * *
[113B.] 113C. Torture...................................    [2340.] 2340
     * * * * * * *

                     CHAPTER 1--GENERAL PROVISIONS

          * * * * * * *

Sec. 13. Laws of States adopted for areas within Federal jurisdiction

  (a) * * *
  (b)(1) * * *
  (2)(A) In addition to any term of imprisonment provided for 
operating a motor vehicle under the influence of a drug or 
alcohol imposed under the law of a State, territory, 
possession, or district, the punishment for such an offense 
under this section shall include an additional term of 
imprisonment of not more than 1 year, or if serious bodily 
injury of a minor is caused, not more than 5 years, or if death 
of a minor is caused, not more than 10 years, and an additional 
fine [of not more than $1,000] under this title, or both, if--
          (i) a minor (other than the offender) was present in 
        the motor vehicle when the offense was committed; and
          (ii) the law of the State, territory, possession, or 
        district in which the offense occurred does not provide 
        an additional term of imprisonment under the 
        circumstances described in clause (i).
          * * * * * * *

                 CHAPTER 2--AIRCRAFT AND MOTOR VEHICLES

          * * * * * * *

Sec. 36. Drive-by shooting

  (a) Definition.--In this section, ``major drug offense'' 
means--
          (1) a continuing criminal enterprise punishable under 
        section [403(c)] 408(c) of the Controlled Substances 
        Act (21 U.S.C. 848(c));
          (2) a conspiracy to distribute controlled substances 
        punishable under section 406 of the Controlled 
        Substances Act (21 U.S.C. 846) section 1013 of the 
        Controlled Substances Import and Export [Control] Act 
        (21 U.S.C. 963); or
          * * * * * * *

Sec. 37. Violence at international airports

  (a) * * *
          * * * * * * *
  (c) Bar to Prosecution.--It is a bar to Federal prosecution 
under subsection (a) for conduct that occurred within the 
United States that the conduct involved was during or in 
relation to a labor dispute, and such conduct is prohibited as 
a felony under the law of the State in which it was committed. 
For purposes of this section, the term ``labor dispute'' has 
the meaning set forth in section 2(c) of the Norris-LaGuardia 
Act, as amended (29 U.S.C. 113(c)).
          * * * * * * *

                         CHAPTER 9--BANKRUPTCY

          * * * * * * *

Sec. 152. Concealment of assets; false oaths and claims; bribery

  A person who--
          (1) * * *
          * * * * * * *
shall be [fined not more than $5,000] fined under this title, 
imprisoned not more than 5 years, or both.

Sec. 153. Embezzlement against estate

  (a) Offense.--A person described in subsection (b) who 
knowingly and fraudulently 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 [fined not more than $5,000] fined under this title, 
imprisoned not more than 5 years, or both.
  (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. 154. Adverse interest and conduct of officers

  A person who, being a custodian, trustee, marshal, or other 
officer of the court--
          (1) * * *
          * * * * * * *
shall be [fined not more than $5,000] fined under this title 
and shall forfeit the person's office, which shall thereupon 
become vacant.
          * * * * * * *

    CHAPTER 15--CLAIMS AND SERVICES IN MATTERS AFFECTING GOVERNMENT

Sec.
[281.  Restrictions on retired military officers regarding certain 
          matters affecting the Government.]
     * * * * * * *

[Sec. 281. Restrictions on retired military officers regarding certain 
                    matters affecting the Government

  [(a)(1) A retired officer of the Armed Forces who, while not 
on active duty and within two years after release from active 
duty, directly or indirectly receives (or agrees to receive) 
any compensation for representation of any person in the sale 
of anything to the United States through the military 
department in which the officer is retired (in the case of an 
officer of the Army, Navy, Air Force, or Marine Corps) or 
through the Department of Transportation (in the case of an 
officer of the Coast Guard) shall be fined under this title or 
imprisoned not more than two years, or both.
  [(2) Any person convicted under paragraph (1) shall be 
incapable of holding any office of honor, trust, or profit 
under the United States.
  [(b) A retired officer of the Armed Forces who, while not on 
active duty and within two years after release from active 
duty, acts as agent or attorney for prosecuting or assisting in 
the prosecution of any claim against the United States--
          [(1) involving the military department in which the 
        officer is retired (in the case of an officer of the 
        Army, Navy, Air Force, or Marine Corps) or the 
        Department of Transportation (in the case of an officer 
        of the Coast Guard); or
          [(2) involving any subject matter with which the 
        officer was directly connected while in an active-duty 
        status;
shall be fined under this title or imprisoned not more than one 
year, or both.
  [(c) This section does not apply--
          [(1) to any person because of the person's membership 
        in the National Guard of the District of Columbia; or
          [(2) to any person specifically excepted by law.]
          * * * * * * *

 CHAPTER 18--CONGRESSIONAL, CABINET, AND SUPREME COURT ASSASSINATION, 
                        KIDNAPPING, AND ASSAULT

          * * * * * * *

Sec. 351. Congressional, Cabinet, and Supreme Court assassination, 
                    kidnapping, and assault; penalties

  (a) * * *
          * * * * * * *
  (e) Whoever assaults any person designated in subsection (a) 
of this section shall be fined under this title, or imprisoned 
not more than one year, or both; and if the assault [involved 
in the use of a] involved the use of a dangerous weapon, or 
personal injury results, shall be fined under this title, or 
imprisoned not more than ten years, or both.
          * * * * * * *

                 CHAPTER 25--COUNTERFEITING AND FORGERY

          * * * * * * *

Sec. 504. Printing and filming of United States and foreign obligations 
                    and securities

  Notwithstanding any other provision of this chapter, the 
following are permitted:
          (1) [the] The printing, publishing, or importation, 
        or the making or importation of the necessary plates 
        for such printing or publishing, of illustrations of--
                  (A) * * *
          * * * * * * *
          (3) [the] 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.
          * * * * * * *

Sec. 510. Forging endorsements on Treasury checks or bonds or 
                    securities of the United States

  (a) * * *
  (b) 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 [that in fact is 
stolen or bears a forged or falsely made endorsement or 
signature] shall be fined under this title or imprisoned not 
more than ten years, or both.
          * * * * * * *

Sec. 511. Altering or removing motor vehicle identification numbers

  (a) * * *
  (b)(1) * * *
  (2) The persons referred to in paragraph (1) of this 
subsection are--
          (A) * * *
          * * * * * * *
          (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.
          * * * * * * *

                   CHAPTER 26--CRIMINAL STREET GANGS

Sec.
521.  Criminal street gangs.
          * * * * * * *

             CHAPTER 29--ELECTIONS AND POLITICAL ACTIVITIES

          * * * * * * *

Sec. 597. Expenditures to influence voting

  Whoever makes or offers to make an expenditure to any person, 
either to vote or withhold his vote, or to vote for or against 
any candidate; and
  Whoever solicits, accepts, or receives any such expenditure 
in consideration of his vote or the withholding of his vote--
  Shall be fined under this title or imprisoned not more than 
one year, or both; and if the violation was willful, shall be 
[fined not more than $10,000] fined under this title or 
imprisoned not more than two years, or both.
          * * * * * * *

Sec. 610. 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, United States Code, to 
engage in, or not to engage in, any political activity, 
including, but not limited to, 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. Any person who violates this 
section shall be [fined not more than $5,000] fined under this 
title or imprisoned not more than three years, or both.
          * * * * * * *

                   CHAPTER 31--EMBEZZLEMENT AND THEFT

Sec.
641.  Public money, property or records.
     * * * * * * *
656.  Theft, embezzlement, or misapplication by bank officer or 
          employee.
     * * * * * * *

Sec. 656. Theft, embezzlement, or misapplication by bank officer or 
                    employee

  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,,] 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 willfully 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 fined not more than $1,000,000 or imprisoned not more 
than 30 years, or both; but if the amount embezzled, 
abstracted, purloined or misapplied does not exceed $100, he 
shall be fined under this title or imprisoned not more than one 
year, or both.
          * * * * * * *

Sec. 661. 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 be punished as follows:
  If the property taken is of a value exceeding $100, or is 
taken from the person of another, by a [fine of under] fine 
under this title, or imprisonment for not more than five years, 
or both; in all other cases, by a [fine of under] fine under 
this title or by imprisonment not more than one year, or both.
  If the property stolen consists of any evidence of debt, or 
other written instrument, the amount of money due thereon, or 
secured to be paid thereby and remaining unsatisfied, or which 
in any contingency might be collected thereon, or the value of 
the property the title to which is shown thereby, or the sum 
which might be recovered in the absence thereof, shall be the 
value of the property stolen.
          * * * * * * *

 H6  deg.Sec. 668. Theft of major artwork

  (a) Definitions.--In this section--
          (1) ``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.
          (2) ``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.[''.]
          * * * * * * *

                CHAPTER 33--EMBLEMS, INSIGNIA, AND NAMES

          * * * * * * *

Sec. 709. False advertising or misuse of names to indicate Federal 
                    agency

  Whoever, 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; or
          * * * * * * *
  [Whoever uses as a firm or business name the words 
``Reconstruction Finance Corporation'' or any combination or 
variation of these words--]
          * * * * * * *

                  CHAPTER 37--ESPIONAGE AND CENSORSHIP

          * * * * * * *

Sec. 798. Disclosure of classified information

  (a) * * *
          * * * * * * *
  (d)(1) * * *
          * * * * * * *
  (5) As used in this subsection, the term ``State'' means any 
State of the United States, the District of Columbia, the 
Commonwealth of Puerto Rico, [the Trust Territory of the 
Pacific Islands,] and any territory or possession of the United 
States.
          * * * * * * *

   CHAPTER 40--IMPORTATION, MANUFACTURE, DISTRIBUTION AND STORAGE OF 
                          EXPLOSIVE MATERIALS

          * * * * * * *

Sec. 844. Penalties

  (a) * * *
          * * * * * * *
  (f) 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, possessed, or used by, or leased to, the 
United States, any department or agency thereof, or any 
institution or organization receiving Federal financial 
assistance shall be imprisoned for not more than 20 years, 
fined the greater of the fine under this title or the cost of 
repairing or replacing any property that is damaged or 
destroyed,[,] or both; 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 [twenty years, or fined 
under this title] 40 years, fined the greater of the fine under 
this title or the cost of repairing or replacing any property 
that is damaged or destroyed, or both; 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.
          * * * * * * *
  (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 5 years but not more than 15 
years] be sentenced to imprisonment for not less than 5 nor 
more than 15 years. In the case of a second or subsequent 
conviction under this subsection, such person shall [be 
sentenced to imprisonment for 10 years but not more than 25 
years] be sentenced to imprisonment for not less than 10 nor 
more than 25 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 more 
than 20 years, fined the greater of the fine under this title 
or the cost of repairing or replacing any property that is 
damaged or destroyed,[,] or both; 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 40 years, fined the greater of the fine under this title 
or the cost of repairing or replacing any property that is 
damaged or destroyed,, or both; 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. No 
person shall be prosecuted, tried, or punished for any 
noncapital offense under this subsection unless the indictment 
is found or the information is instituted within 7 years after 
the date on which the offense was committed.
          * * * * * * *

                          CHAPTER 44--FIREARMS

          * * * * * * *

Sec. 922. Unlawful acts

  (a) * * *
          * * * * * * *
  (g) It shall be unlawful for any person--
          (1) * * *
          * * * * * * *
          (8) who is subject to a court order that--
                  (A) * * *
          * * * * * * *
                  (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[,];
          * * * * * * *
  (t)(1) * * *
  (2) If receipt of a firearm would not violate [section 
922(g)] 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.
          * * * * * * *
  (w)(1) * * *
          * * * * * * *
  (4) If a person charged with violating paragraph (1) asserts 
that paragraph (1) does not apply to such person because of 
paragraph (2) or (3), the Government shall have the burden of 
proof to show that such paragraph (1) applies to such person. 
The lack of a serial number as described in section 923(i) of 
[title 18, United States Code,] this title shall be a 
presumption that the large capacity ammunition feeding device 
is not subject to the prohibition of possession in paragraph 
(1).
          * * * * * * *

                               APPENDIX A

     * * * * * * *

                    Centerfire Rifles--Lever & Slide

Browning Model 81 BLR Lever-Action Rifle
     * * * * * * *
[Uberti 1866 Sporting Rifle]
Uberti 1866 Sporting Rifle
     * * * * * * *

                     Centerfire Rifles--Bolt Action

     * * * * * * *
[Sako Fiberclass Sporter]
Sako FiberClass Sporter
     * * * * * * *

                         Shotguns--Slide Actions

     * * * * * * *
[Remington 879 SPS Special Purpose Magnum]
Remington 870 SPS Special Purpose Magnum
     * * * * * * *

                          Shotguns--Over/Unders

     * * * * * * *
[E.A.A/Sabatti Falcon-Mon Over/Under]
E.A.A./Sabatti Falcon-Mon Over/Under
     * * * * * * *

Sec. 923. Licensing

  (a) * * *
          * * * * * * *
  (g)(1)(A) * * *
  (B) The Secretary 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
          * * * * * * *
  [(1)] (l) The Secretary of the Treasury 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. 924. Penalties

  (a)(1) * * *
          * * * * * * *
  [(5)] (6)(A)(i) A juvenile who violates section 922(x) shall 
be fined under this title, imprisoned not more than 1 year, or 
both, 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) * * *
          * * * * * * *
  [(i)] (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.
  [(j)] (k) A person who, with intent to engage in or to 
promote conduct that--
          (1) is 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.);
          (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, fined under this title, or both.
  [(k)] (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, fined 
under this title, or both.
  [(l)] (m) A person who steals any firearm from a licensed 
importer, licensed manufacturer, licensed dealer, or licensed 
collector shall be fined under this title, imprisoned not more 
than 10 years, or both.
  [(m)] (n) A person who, with the intent to engage in conduct 
that constitutes a violation of section 922(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.
  [(n)] (o) A person who conspires to commit an offense under 
subsection (c) shall be imprisoned for not more than 20 years, 
fined under this title, or both; 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.
          * * * * * * *

Sec. 930. Possession of firearms and dangerous weapons in Federal 
                    facilities

  (a) * * *
          * * * * * * *
  (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 fined under this 
title, imprisoned not more than 2 years, or both.
  (2) Paragraph (1) shall not apply to conduct which is 
described in paragraph (1) or (2) of subsection [(c)] (d).
          * * * * * * *
  (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.
  [(g)] (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 [(d)] (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 [(d)] (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 [(d)] 
(e), as the case may be.

                     CHAPTER 45--FOREIGN RELATIONS

          * * * * * * *

Sec. 970. Protection of property occupied by foreign governments

  (a) * * *
  (b) Whoever, willfully with intent to intimidate, coerce, 
threaten, or harass--
          (1) * * *
          * * * * * * *
shall be [fined not more than $500] fined under this title or 
imprisoned not more than six months, or both.
          * * * * * * *

                 CHAPTER 47--FRAUD AND FALSE STATEMENTS

Sec.
1001.  Statements or entries generally.
     * * * * * * *
1024.  Purchase or receipt of military, naval, or [veterans'] veteran's 
          facilities property.
     * * * * * * *

Sec. 1014. Loan and credit applications generally; renewals and 
                    discounts; crop insurance

  Whoever knowingly makes any false statement or report, or 
willfully overvalues any land, property or security, for the 
purpose of influencing in any way the action of the 
[Reconstruction Finance Corporation,] Farm Credit 
Administration, Federal Crop Insurance Corporation or a company 
the Corporation reinsures, [Farmers' Home Corporation,] the 
Secretary of Agriculture acting through the Farmers Home 
Administration, the Rural Development Administration, 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 [of the National 
Agricultural Credit Corporation,] a Federal land bank, a 
Federal land bank association, a Federal Reserve bank, a small 
business investment company, 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 Board, 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, or loan, or any change or extension of any of the 
same, by renewal, deferment of action or otherwise, or the 
acceptance, release, or substitution of security therefor, 
shall be fined not more than $1,000,000 or imprisoned not more 
than 30 years, or both.
          * * * * * * *

Sec. 1028. Fraud and related activity in connection with identification 
                    documents

  (a) Whoever, in a circumstance described in subsection (c) of 
this section--
          (1) * * *
          * * * * * * *
          (4) knowingly possesses an identification document 
        (other than one issued lawfully for the use of the 
        possessor) or a false identification document, with the 
        intent such document be used to defraud the United 
        States; [or]
          (5) knowingly produces, transfers, or possesses a 
        document-making implement with the intent such 
        document-making implement will be used in the 
        production of a false identification document or 
        another document-making implement which will be so 
        used; or
          * * * * * * *
  (b) The punishment for an offense under subsection (a) of 
this section is--
          (1) a [fine of under] fine under this title or 
        imprisonment for not more than five years, or both, if 
        the offense is--
                  (A) the production or transfer of an 
                identification document or false identification 
                document that is or appears to be--
                          (i) an identification document 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 or false 
                identification documents; or
                  (C) an offense under paragraph (5) of such 
                subsection;
          (2) a [fine of under] fine under this title or 
        imprisonment for not more than three years, or both, if 
        the offense is--
                  (A) any other production or transfer of an 
                identification document or false identification 
                document; or
                  (B) an offense under paragraph (3) of such 
                subsection; and
          (3) a [fine of under] fine under this title or 
        imprisonment for not more than one year, or both, in 
        any other case.

Sec. 1029. Fraud and related activity in connection with access devices

  (a) Whoever--
          (1) * * *
          * * * * * * *
          (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; [or]
          [(5)] (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; [or]
          [(6)] (8) knowingly and with intent to defraud uses, 
        produces, traffics in, has control or custody of, or 
        possesses--
                  (A) a scanning receiver; or
                  (B) hardware or software used for altering or 
                modifying telecommunications instruments to 
                obtain unauthorized access to 
                telecommunications services, or
          [(7)] (9) 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.
          * * * * * * *
  (c) The punishment for an offense under subsection (a) or 
(b)(1) of this section is--
          (1) a fine under this title or twice the value 
        obtained by the offense, whichever is greater, or 
        imprisonment for not more than ten years, or both, in 
        the case of an offense under subsection (a) (2), (3), 
        (5), (6), [or (7)] (7), (8), or (9) of this section 
        which does not occur after a conviction for another 
        offense under either such subsection, or an attempt to 
        commit an offense punishable under this paragraph;
          (2) a fine under this title or twice the value 
        obtained by the offense, whichever is greater, or 
        imprisonment for not more than fifteen years, or both, 
        in the case of an offense under subsection (a) (1), 
        (4), (5), [or (6)] (6), (7), or (8) of this section 
        which does not occur after a conviction for another 
        offense under either such subsection, or an attempt to 
        commit an offense punishable under this paragraph; and
          * * * * * * *

Sec. 1030. Fraud and related activity in connection with computers

  (a) Whoever--
          (1) * * *
          * * * * * * *
          (5)(A) * * *
          (B) through means of a computer used in interstate 
        commerce or communication, knowingly causes the 
        transmission of a program, information, code, or 
        command to a computer or computer system--
                  (i) * * *
                  (ii) if the transmission of the harmful 
                component of the program, information, code, or 
                command--
                          (I) occurred without the 
                        authorization of the persons or 
                        entities who own or are responsible for 
                        the computer system receiving the 
                        program, information, code, or command; 
                        and
                          (II)(aa) causes loss or damage to one 
                        or more other persons of a value 
                        aggregating $1,000 or more during any 
                        1-year period; or
                          (bb) modifies or impairs, or 
                        potentially modifies or impairs, the 
                        medical examination, medical diagnosis, 
                        medical treatment, or medical care of 
                        one or more individuals; or
          * * * * * * *
  (c) The punishment for an offense under subsection (a) or (b) 
of this section is--
          (1)(A) a fine under this title or imprisonment for 
        not more than ten years, or both, in the case of an 
        offense under subsection (a)(1) of this section which 
        does not occur after a conviction for another offense 
        under such subsection, 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 
        such subsection, or an attempt to commit an offense 
        punishable under this subparagraph; [and]
          * * * * * * *
  (g) Any person who suffers damage or loss by reason of a 
violation of [the] this section, other than a violation of 
subsection (a)(5)(B), may maintain a civil action against the 
violator to obtain compensatory damages and injunctive relief 
or other equitable relief. Damages for violations of any 
subsection other than subsection (a)(5)(A)(ii)(II)(bb) or 
(a)(5)(B)(ii)(II)(bb) 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.
  (h) The Attorney General and the Secretary of the Treasury 
shall report to the Congress annually, during the first 3 years 
following the date of the enactment of this subsection, 
concerning investigations and prosecutions under [section 
1030(a)(5) of title 18, United States Code] subsection (a)(5).
          * * * * * * *

                          CHAPTER 51--HOMICIDE

Sec.
1111.  Murder.
     * * * * * * *
1122.  Protection against the human immunodeficiency virus.
          * * * * * * *

Sec. 1114. Protection of officers and employees of the United States

  Whoever kills or attempts to kill any judge of the United 
States, any United States Attorney, any Assistant United States 
Attorney, or any United States marshal or deputy marshal or 
person employed to assist such marshal or deputy marshal, any 
officer or employee of the Federal Bureau of Investigation of 
the Department of Justice, any officer or employee of the 
Postal Service, any officer or employee of the Secret Service 
or of the Drug Enforcement Administration, any officer or 
member of the United States Capitol Police, any member of the 
Coast Guard, any employee of the Coast Guard assigned to 
perform investigative, inspection or law enforcement functions, 
any officer or employee of the Federal Railroad Administration 
assigned to perform investigative, inspection, or law 
enforcement functions, any officer or employee of any United 
States penal or correctional institution, any officer, employee 
or agent of the customs or of the internal revenue or any 
person assisting him in the execution of his duties, any 
immigration officer, any officer or employee of the Department 
of Agriculture or of the Department of the Interior designated 
by the Secretary of Agriculture or the Secretary of the 
Interior to enforce any Act of Congress for the protection, 
preservation, or restoration of game and other wild birds and 
animals, any employee of the Department of Agriculture 
designated by the Secretary of Agriculture to carry out any law 
or regulation, or to perform any function in connection with 
any Federal or State program or any program of Puerto Rico, 
Guam, the Virgin Islands or any other commonwealth, territory, 
or possession of the United States, or the District of 
Columbia, for the control or eradication or prevention of the 
introduction or dissemination of animal diseases, any officer 
or employee of the National Park Service, any civilian official 
or employee of the Army Corps of Engineers assigned to perform 
investigations, inspections, law or regulatory enforcement 
functions, or field-level real estate functions, any officer or 
employee of, or assigned to duty in, the field service of the 
Bureau of Land Management, or any officer or employee of the 
Indian field service of the United States, or any officer or 
employee of the National Aeronautics and Space Administration 
directed to guard and protect property of the United States 
under the administration and control of the National 
Aeronautics and Space Administration, any security officer of 
the Department of State or the Foreign Service, or any officer 
or employee of the Department of Education, the Department of 
Health and Human Services, the Consumer Product Safety 
Commission, Interstate Commerce Commission, the Department of 
Commerce, or of the Department of Labor or of the Department of 
the Interior or of the Department of Agriculture assigned to 
perform investigative, inspection, or law enforcement 
functions, or any officer or employee of the Federal 
Communications Commission performing investigative, inspection, 
or law enforcement functions, or any officer or employee of the 
Department of Veterans Affairs assigned to perform 
investigative or law enforcement functions, or any United 
States probation or pretrial services officer, or any United 
States magistrate, or any officer or employee of any department 
or agency within the Intelligence Community (as defined in 
section 3.4(F) of Executive Order 12333, December 8, 1981, or 
successor orders) not already covered under the terms of this 
section, any attorney, liquidator, examiner, claim agent, or 
other employee of the Federal Deposit Insurance Corporation, 
the Comptroller of the Currency, the Office of Thrift 
Supervision, the Federal Housing Finance Board, the Resolution 
Trust Corporation, the Board of Governors of the Federal 
Reserve System, any Federal Reserve bank, or the National 
Credit Union Administration, or any other officer or employee 
of the United States or any agency thereof designated for 
coverage under this section in regulations issued by the 
Attorney General engaged in or on account of the performance of 
his official duties, or any officer or employee of the United 
States or any agency thereof designated to collect or 
compromise a Federal claim in accordance with sections 3711 and 
3716-3718 of title 31 or other statutory authority shall be 
punished, in the case of murder, as provided under section 
1111, or, in the case of manslaughter, as provided under 
section [1112.] 1112, except that any such person who is found 
guilty of attempted murder shall be imprisoned for not more 
than twenty years.
          * * * * * * *

Sec. 1116. Murder or manslaughter of foreign officials, official 
                    guests, or internationally protected persons

  (a) Whoever kills or attempts to kill a foreign official, 
official guest, or internationally protected person shall be 
punished as provided under sections 1111, 1112, and 1113 of 
this title[, except that any such person who is found guilty of 
attempted murder shall be imprisoned for not more than twenty 
years.].
          * * * * * * *

Sec. 1120. Murder by escaped prisoners

  (a) Definition.--In this section, ``[Federal prison] Federal 
correctional institution'' and ``term of life imprisonment'' 
have the meanings stated in section 1118.
  (b) Offense and Penalty.--A person, having escaped from a 
[Federal prison] Federal correctional institution where the 
person was confined under a sentence for a term of life 
imprisonment, kills another shall be punished as provided in 
sections 1111 and 1112.
          * * * * * * *

[Sec. 1118.] Sec. 1122. Protection against the human immunodeficiency 
                    virus

  (a) In General.--Whoever, after testing positive for the 
Human Immunodeficiency Virus (HIV) and receiving actual notice 
of that fact, knowingly donates or sells, or knowingly attempts 
to donate or sell, blood, semen, tissues, organs, or other 
bodily fluids for use by another, except as determined 
necessary for medical research or testing, shall be fined or 
imprisoned in accordance with subsection (c).
  (b) Transmission Not Required.--Transmission of the Human 
Immunodeficiency Virus does not have to occur for a person to 
be convicted of a violation of this section.
  (c) Penalty.--Any person convicted of violating the 
provisions of subsection (a) shall be subject to a fine under 
this title of not less than $10,000 [nor more than $20,000], 
imprisoned for not less than 1 year nor more than 10 years, or 
both.

                          CHAPTER 53--INDIANS

Sec.
1151.  Indian country defined.
     * * * * * * *
1168.  Theft by officers or employees of gaming establishments on Indian 
          lands.
1169.  Reporting of child abuse.
          * * * * * * *

                     CHAPTER 65--MALICIOUS MISCHIEF

          * * * * * * *

Sec. 1361. Government property or contracts

  Whoever willfully 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:
  If the damage or attempted damage to such property exceeds 
the sum of $100, by a [fine of under] fine under this title or 
imprisonment for not more than ten years, or both; if the 
damage or attempted damage to such property does not exceed the 
sum of $100, by a [fine of under] fine under this title or by 
imprisonment for not more than one year, or both.
          * * * * * * *

                   CHAPTER 73--OBSTRUCTION OF JUSTICE

          * * * * * * *

Sec. 1508. Recording, listening to, or observing proceedings of grand 
                    or petit juries while deliberating or voting

  Whoever knowingly and willfully, by any means or device 
whatsoever--
          (a) records, or attempts to record, the proceedings 
        of any grand or petit jury in any court of the United 
        States while such jury is deliberating or voting; or
          (b) listens to or observes, or attempts to listen to 
        or observe, the proceedings of any grand or petit jury 
        of which he is not a member in any court of the United 
        States while such jury is deliberating or voting--
shall be fined under this title or imprisoned not more than one 
year, or both.
  Nothing in paragraph (a) of this section shall be construed 
to prohibit the taking of notes by a grand or petit juror in 
any court of the United States in connection with and solely 
for the purpose of assisting him in the performance of his 
duties as such juror.
          * * * * * * *

Sec. 1512. Tampering with a witness, victim, or an informant

  (a)(1) * * *
  (2) The punishment for an offense under this subsection is--
          (A) in the case of murder (as defined in section 
        1111), the death penalty or imprisonment for life, and 
        in the case of any other killing, the punishment 
        provided in section 1112; and
          * * * * * * *

Sec. 1515. Definitions for certain provisions; general provision

  (a) As used in sections 1512 and 1513 of this title and in 
this section--
          (1) the term ``official proceeding'' means--
                  (A) * * *
          * * * * * * *
                  (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; [or]
          * * * * * * *

Sec. 1516. Obstruction of Federal audit

  (a) * * *
  (b) For purposes of this section--
          (1) the term ``Federal auditor'' means any person 
        employed on a full- or part-time or contractual basis 
        to perform an audit or a quality assurance inspection 
        for or on behalf of the United States; or
          * * * * * * *

                     CHAPTER 85--PRISON-MADE GOODS

          * * * * * * *

Sec. 1761. Transportation or importation

  (a) Whoever knowingly transports in interstate commerce or 
from any foreign country into the United States any goods, 
wares, or merchandise manufactured, produced, or mined, wholly 
or in part by convicts or prisoners, except convicts or 
prisoners on parole, supervised release, or probation, or in 
any penal or reformatory institution, shall be [fined not more 
than $50,000] fined under this title or imprisoned not more 
than two years, or both.
          * * * * * * *

Sec. 1762. Marking packages

  (a) * * *
  (b) Whoever violates this section shall be [fined not more 
than $50,000] fined under this title, and any goods, wares, or 
merchandise transported in violation of this section or section 
1761 of this title shall be forfeited to the United States, and 
may be seized and condemned by like proceedings as those 
provided by law for the seizure and forfeiture of property 
imported into the United States contrary to law.

                          CHAPTER 87--PRISONS

          * * * * * * *

Sec. 1791. Providing or possessing contraband in prison

  (a) * * *
          * * * * * * *
  (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.
          * * * * * * *

                CHAPTER 89--PROFESSIONS AND OCCUPATIONS

          * * * * * * *

Sec. 1821. Transportation of dentures

  Whoever transports by mail or otherwise to or within the 
District of Columbia, the Canal Zone or any Possession of the 
United States or uses the mails or any instrumentality of 
interstate commerce for the purpose of sending or bringing into 
any State or Territory any set of artificial teeth or 
prosthetic dental appliance or other denture, constructed from 
any cast or impression made by any person other than, or 
without the authorization or prescription of, a person licensed 
to practice dentistry under the laws of the place into which 
such denture is sent or brought, where such laws prohibit:
          (1) * * *
          * * * * * * *
  Shall be [fined not more than $1,000] fined under this title 
or imprisoned not more than one year, or both.

                        CHAPTER 91--PUBLIC LANDS

          * * * * * * *

Sec. 1851. Coal depredations

  Whoever mines or removes coal of any character, whether 
anthracite, bituminous, or lignite, from beds or deposits in 
lands of, or reserved to the United States, with intent 
wrongfully to appropriate, sell, or dispose of the same, shall 
be [fined not more than $1,000] fined under this title or 
imprisoned not more than one year, or both.
  This section shall not interfere with any right or privilege 
conferred by existing laws of the United States.

Sec. 1852. Timber removed or transported

  Whoever cuts, or wantonly destroys any timber growing on the 
public lands of the United States; or
  Whoever removes any timber from said public lands, with 
intent to export or to dispose of the same; or
  Whoever, 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 from said lands, or lumber 
manufactured therefrom--
  Shall be [fined not more than $1,000] fined under this title 
or imprisoned not more than one year, or both.
  This section shall not prevent any miner or agriculturist 
from clearing his land in the ordinary working of his mining 
claim, or in the preparation of his farm for tillage, or from 
taking the timber necessary to support his 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. 1853. Trees cut or injured

  Whoever unlawfully cuts, or wantonly 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 [fined not more than $1,000] fined under this 
title or imprisoned not more than one year, or both.

Sec. 1854. Trees boxed for pitch or turpentine

  Whoever cuts, chips, chops, or boxes any tree upon any lands 
belonging to the United States, or upon any lands covered by or 
embraced in any unperfected settlement, application, filing, 
entry, selection, or location, made under any law of the United 
States, for the purpose of obtaining from such tree any pitch, 
turpentine, or other substance; or
  Whoever buys, trades for, or in any manner acquires any 
pitch, turpentine, or other substance, or any article or 
commodity made from any such pitch, turpentine, or other 
substance, with knowledge that the same has been so unlawfully 
obtained--
  Shall be [fined not more than $1,000] fined under this title 
or imprisoned not more than one year, or both.
          * * * * * * *

               CHAPTER 93--PUBLIC OFFICERS AND EMPLOYEES

Sec.
1901.  Collecting or disbursing officer trading in public property.
     * * * * * * *
1920.  False statement or fraud to obtain Federal [employee's] 
          employees' compensation.
     * * * * * * *

Sec. 1905. 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 Office of Federal Housing Enterprise Oversight, 
or agent of the Department of Justice as defined in the 
Antitrust Civil Process Act (15 U.S.C. 1311-1314), 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 [fined not more than $1,000] fined under this 
title, or imprisoned not more than one year, or both; and shall 
be removed from office or employment.
          * * * * * * *

Sec. 1916. Unauthorized employment and disposition of lapsed 
                    appropriations

  Whoever--
          (1) violates the provision of section 3103 of title 5 
        that an individual may be employed in the civil service 
        in an Executive department at the seat of Government 
        only for services actually rendered in connection with 
        and for the purposes of the appropriation from which he 
        is paid; or
          (2) violates the provision of section 5501 of title 5 
        that money accruing from lapsed salaries or from unused 
        appropriations for salaries shall be covered into the 
        Treasury of the United States;
shall be [fined not more than $1,000] fined under this title or 
imprisoned not more than one year.

Sec. 1917. Interference with civil service examinations

  Whoever, being a member or employee of the United States 
Office of Personnel Management or an individual in the public 
service, willfully and corruptly--
          (1) defeats, deceives, or obstructs an individual in 
        respect of his right of examination according to the 
        rules prescribed by the President under title 5 for the 
        administration of the competitive service and the 
        regulations prescribed by such Office under section 
        1302(a) of title 5;
          (2) falsely marks, grades, estimates, or reports on 
        the examination or proper standing of an individual 
        examined;
          (3) makes a false representation concerning the mark, 
        grade, estimate, or report on the examination or proper 
        standing of an individual examined, or concerning the 
        individual examined; or
          (4) furnishes to an individual any special or secret 
        information for the purpose of improving or injuring 
        the prospects or chances of an individual examined, or 
        to be examined, being appointed, employed, or promoted;
shall, for each offense, be [fined not less than $100 nor more 
than $1,000] fined under this title not less than $100 or 
imprisoned not less than ten days nor more than one year, or 
both.

Sec. 1918. Disloyalty and asserting the right to strike against the 
                    Government

  Whoever violates the provision of section 7311 of title 5 
that an individual may not accept or hold a position in the 
Government of the United States or the government of the 
District of Columbia if he--
          (1) * * *
          * * * * * * *
shall be [fined not more than $1,000] fined under this title or 
imprisoned not more than one year and a day, or both.
          * * * * * * *

Sec. 1920. False statement or fraud to obtain Federal employee's 
                    compensation

  Whoever knowingly and willfully falsifies, conceals, or 
covers up a material fact, or makes a false, fictitious, or 
fraudulent statement or representation, or makes or uses a 
false statement or report knowing the same to contain any 
false, fictitious, or fraudulent statement or entry in 
connection with the application for or receipt of compensation 
or other benefit or payment under subchapter I or III of 
chapter 81 of title 5, shall be guilty of perjury, and on 
conviction thereof shall be punished by a fine [of not more 
than $250,000] under this title, or by imprisonment for not 
more than 5 years, or both; but if the amount of the benefits 
falsely obtained does not exceed $1,000, such person shall be 
punished by a fine [of not more than $100,000] under this 
title, or by imprisonment for not more than 1 year, or both.
          * * * * * * *

                        CHAPTER 95--RACKETEERING

          * * * * * * *

Sec. 1956. Laundering of monetary instruments

  (a) * * *
          * * * * * * *
  (c) As used in this section--
          (1) * * *
          * * * * * * *
          (7) the term ``specified unlawful activity'' means--
                  (A) * * *
                  (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) kidnapping, robbery, or 
                        extortion; or
                          (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)] 1978);
          * * * * * * *

Sec. 1958. Use of interstate commerce facilities in the commission of 
                    murder-for-hire

  (a) Whoever travels in or causes another (including the 
intended victim) to travel in interstate or foreign commerce, 
or uses or causes another (including the intended victim) to 
use the mail or any facility in interstate or foreign commerce, 
with intent that a murder be committed in violation of the laws 
of any State or the United States as consideration for the 
receipt of, or as consideration for a promise or agreement to 
pay, anything of pecuniary value, or who conspires to do so [or 
who conspires to do so], shall be fined under this title or 
imprisoned for not more than ten years, or both; and if 
personal injury results, shall be fined under this title [and] 
or imprisoned for not more than twenty years, or both; and if 
death results, shall be punished by death or life imprisonment, 
or shall be fined not more than $250,000, or both.
          * * * * * * *

       CHAPTER 96--RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS

          * * * * * * *

Sec. 1961. Definitions

  As used in this chapter--
          (1) ``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 title 18, United States Code: Section 201 
        (relating to bribery), section 224 (relating to sports 
        bribery), sections 471, 472, and 473 (relating to 
        counterfeiting), section 659 (relating to theft from 
        interstate shipment) if the act indictable under 
        section 659 is felonious, section 664 (relating to 
        embezzlement from pension and welfare funds), sections 
        891-894 (relating to extortionate credit transactions), 
        section 1029 (relating to fraud and related activity in 
        connection with access devices), section 1084 (relating 
        to the transmission of gambling information), section 
        1341 (relating to mail fraud), section 1343 (relating 
        to wire fraud), section 1344 (relating to financial 
        institution fraud), sections 1461-1465 (relating to 
        obscene matter), section 1503 (relating to obstruction 
        of justice), section 1510 (relating to obstruction of 
        criminal investigations), section 1511 (relating to the 
        obstruction of State or local law enforcement), section 
        1512 (relating to tampering with a witness, victim, or 
        an informant), section 1513 (relating to retaliating 
        against a witness, victim, or an informant), section 
        1951 (relating to interference with commerce, robbery, 
        or extortion), section 1952 (relating to racketeering), 
        section 1953 (relating to interstate transportation of 
        wagering paraphernalia), section 1954 (relating to 
        unlawful welfare fund payments), section 1955 (relating 
        to the prohibition of illegal gambling businesses), 
        section 1956 (relating to the laundering of monetary 
        instruments), section 1957 (relating to engaging in 
        monetary transactions in property derived from 
        specified unlawful activity), section 1958 (relating to 
        use of interstate commerce facilities in the commission 
        of murder-for-hire), sections 2251, 2251A, 2252, and 
        [2258] 2260 (relating to sexual exploitation of 
        children), sections 2312 and 2313 (relating to 
        interstate transportation of stolen motor vehicles), 
        sections 2314 and 2315 (relating to interstate 
        transportation of stolen property), section 2321 
        (relating to trafficking in certain motor vehicles or 
        motor vehicle parts), sections 2341-2346 (relating to 
        trafficking in contraband cigarettes), sections 2421-24 
        (relating to white slave traffic), (C) any act which is 
        indictable under title 29, United States Code, 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 157 of [that] 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, or (E) any act which is 
        indictable under the Currency and Foreign Transactions 
        Reporting Act.
          * * * * * * *

                         CHAPTER 97--RAILROADS

          * * * * * * *

Sec. 1991. Entering train to commit crime

  Whoever, in any Territory or District, or within or upon any 
place within the exclusive jurisdiction of the United States, 
willfully and maliciously trespasses upon or enters upon any 
railroad train, railroad car, or railroad locomotive, with the 
intent to commit murder or robbery, shall be fined under this 
title or imprisoned not more than twenty years, or both.
  Whoever, within such jurisdiction, willfully and maliciously 
trespasses upon or enters upon any railroad train, railroad 
car, or railroad locomotive, with intent to commit any unlawful 
violence upon or against any passenger on said train, or car, 
or upon or against any engineer, conductor, fireman, brakeman, 
or any officer or employee connected with said locomotive, 
train, or car, or upon or against any express messenger or mail 
agent on said train or in any car thereof, or to commit any 
crime or offense against any person or property thereon, shall 
be [fined not more than $1,000] fined under this title or 
imprisoned not more than one year, or both.
  Upon the trial of any person charged with any offense set 
forth in this section, it shall not be necessary to set forth 
or prove the particular person against whom it was intended to 
commit the offense, or that it was intended to commit such 
offense against any particular person.
          * * * * * * *

                    CHAPTER 101--RECORDS AND REPORTS

          * * * * * * *

Sec. 2076. Clerk of United States District Court

  Whoever, being a clerk of a district court of the United 
States, willfully refuses or neglects to make or forward any 
report, certificate, statement, or document as required by law, 
shall be [fined not more than $1,000 or imprisoned not more 
than one year] fined under this title or imprisoned not more 
than one year, or both.

                           CHAPTER 102--RIOTS

          * * * * * * *

Sec. 2101. Riots

  (a)[(1)] Whoever travels in interstate or foreign commerce or 
uses any facility of interstate or foreign commerce, including, 
but not limited to, the mail, telegraph, telephone, radio, or 
television, with intent--
          [(A)] (1) to incite a riot; or
          [(B)] (2) to organize, promote, encourage, 
        participate in, or carry on a riot; or
          [(C)] (3) to commit any act of violence in 
        furtherance of a riot; or
          [(D)] (4) to aid or abet any person in inciting or 
        participating in or carrying on a riot or committing 
        any act of violence in furtherance of a riot;
and who either during the course of any such travel or use or 
thereafter performs or attempts to perform any other overt act 
for any purpose specified in subparagraph (A), (B), (C), or (D) 
of this paragraph--
  Shall be fined under this title, or imprisoned not more than 
five years, or both.
          * * * * * * *

                   CHAPTER 103--ROBBERY AND BURGLARY

          * * * * * * *

Sec. 2115. Post office

  Whoever forcibly breaks into or attempts to break into any 
post office, or any building used in whole or in part as a post 
office, with intent to commit in such post office, or building 
or part thereof, so used, any larceny or other depredation, 
shall be [fined not more than $1,000] fined under this title or 
imprisoned not more than five years, or both.

Sec. 2116. Railway or steamboat post office

  Whoever, by violence, enters a post-office car, or any part 
of any car, steamboat, or vessel, assigned to the use of the 
mail service, or willfully or maliciously assaults or 
interferes with any postal clerk in the discharge of his duties 
in connection with such car, steamboat, vessel, or apartment 
thereof, shall be [fined not more than $1,000] fined under this 
title or imprisoned not more than three years, or both.
          * * * * * * *

                         CHAPTER 105--SABOTAGE

Sec.
2151.  Definitions.
     * * * * * * *
2155.  Destruction of national-defense materials, national-defense 
          premises [or], or national-defense utilities.
2156.  Production of defective national-defense material, national-
          defense premises [or], or national-defense utilities.
     * * * * * * *

Sec. 2155. Destruction of national-defense materials, national-defense 
                    premises [or], or national-defense utilities

  (a) Whoever, with intent to injure, interfere with, or 
obstruct the national defense of the United States, willfully 
injures, destroys, contaminates or infects, or attempts to so 
injure, destroy, contaminate or infect any national-defense 
material, national-defense premises, or national-defense 
utilities, shall be fined under this title or imprisoned not 
more than ten years, or both.
          * * * * * * *

Sec. 2156. Production of defective national-defense material, national-
                    defense premises [or], or national-defense 
                    utilities

  (a) Whoever, with intent to injure, interfere with, or 
obstruct the national defense of the United States, willfully 
makes, constructs, or attempts to make or construct in a 
defective manner, any national-defense material, national-
defense premises or national-defense utilities, or any tool, 
implement, machine, utensil, or receptacle used or employed in 
making, producing, manufacturing, or repairing any such 
national-defense material, national-defense premises or 
national-defense utilities, shall be fined under this title or 
imprisoned not more than ten years, or both.
          * * * * * * *

                   CHAPTER 107--SEAMEN AND STOWAWAYS

          * * * * * * *

Sec. 2191. Cruelty to seamen

  Whoever, being the master or officer of a vessel of the 
United States, on the high seas, or on any other waters within 
the admiralty and maritime jurisdiction of the United States, 
flogs, beats, wounds, or without justifiable cause, imprisons 
any of the crew of such vessel, or withholds from them suitable 
food and nourishment, or inflicts upon them any corporal or 
other cruel and unusual punishment, shall be [fined not more 
than $1,000] fined under this title or imprisoned not more than 
five years, or both.

Sec. 2192. Incitation of seamen to revolt or mutiny

  Whoever, being of the crew of a vessel of the United States, 
on the high seas, or on any other waters within the admiralty 
and maritime jurisdiction of the United States, endeavors to 
make a revolt or mutiny on board such vessel, or combines, 
conspires, or confederates with any other person on board to 
make such revolt or mutiny, or solicits, incites, or stirs up 
any other of the crew to disobey or resist the lawful orders of 
the master or other officer of such vessel, or to refuse or 
neglect his proper duty on board thereof, or to betray his 
proper trust, or assembles with others in a tumultuous and 
mutinous manner, or makes a riot on board thereof, or 
unlawfully confines the master or other commanding officer 
thereof, shall be [fined not more than $1,000] fined under this 
title or imprisoned not more than five years, or both.
          * * * * * * *

Sec. 2194. Shanghaiing sailors

  Whoever, with intent that any person shall perform service or 
labor of any kind on board of any vessel engaged in trade and 
commerce among the several States or with foreign nations, or 
on board of any vessel of the United States engaged in 
navigating the high seas or any navigable water of the United 
States, procures or induces, or attempts to procure or induce, 
another, by force or threats or by representations which he 
knows or believes to be untrue, or while the person so procured 
or induced is intoxicated or under the influence of any drug, 
to go on board of any such vessel, or to sign or in anywise 
enter into any agreement to go on board of any such vessel to 
perform service or labor thereon; or
  Whoever knowingly detains on board of any such vessel any 
person so procured or induced to go on board, or to enter into 
any agreement to go on board, by any means herein defined--
  Shall be [fined not more than $1,000] fined under this title 
or imprisoned not more than one year, or both.
          * * * * * * *

Sec. 2199. Stowaways on vessels or aircraft

  Whoever, without the consent of the owner, charterer, master, 
or person in command of any vessel, or aircraft, with intent to 
obtain transportation, boards, enters or secretes himself 
aboard such vessel or aircraft and is thereon at the time of 
departure of said vessel or aircraft from a port, harbor, 
wharf, airport or other place within the jurisdiction of the 
United States; or
  Whoever, with like intent, having boarded, entered or 
secreted himself aboard a vessel or aircraft at any place 
within or without the jurisdiction of the United States, 
remains aboard after the vessel or aircraft has left such place 
and is thereon at any place within the jurisdiction of the 
United States; or
  Whoever, with intent to obtain a ride or transportation, 
boards or enters any aircraft owned or operated by the United 
States without the consent of the person in command or other 
duly authorized officer or agent--
  Shall be [fined not more than $1,000] fined under this title 
or imprisoned not more than one year, or both.
  The word ``aircraft'' as used in this section includes any 
contrivance for navigation or flight in the air.

                   CHAPTER 109--SEARCHES AND SEIZURES

          * * * * * * *

Sec. 2234. Authority exceeded in executing warrant

  Whoever, in executing a search warrant, willfully exceeds his 
authority or exercises it with unnecessary severity, shall be 
[fined not more than $1,000] fined under this title or 
imprisoned not more than one year.

Sec. 2235. Search warrant procured maliciously

  Whoever maliciously and without probable cause procures a 
search warrant to be issued and executed, shall be [fined not 
more than $1,000] fined under this title or imprisoned not more 
than one year.

Sec. 2236. Searches without warrant

  Whoever, being an officer, agent, or employee of the United 
States or any department or agency thereof, engaged in the 
enforcement of any law of the United States, searches any 
private dwelling used and occupied as such dwelling without a 
warrant directing such search, or maliciously and without 
reasonable cause searches any other building or property 
without a search warrant, shall be fined for a first offense 
not more than $1,000; and, for a subsequent offense, shall be 
[fined not more than $1,000] fined under this title or 
imprisoned not more than one year, or both.
    This section shall not apply to any person--
          (a) * * *
          * * * * * * *

      CHAPTER 110--SEXUAL EXPLOITATION AND OTHER ABUSE OF CHILDREN

Sec.
2251.  Sexual exploitation of children.
     * * * * * * *
2258.  Failure to report child abuse.
2259.  Mandatory restitution.
[2258.] 2260. Production of sexually explicit depictions of a minor for 
          importation into the United States.
     * * * * * * *

[Sec. 2258.] Sec. 2260. Production of sexually explicit depictions of a 
                    minor for importation into the United States

  (a) Use of Minor.--A person who, outside the United States, 
employs, uses, persuades, induces, entices, or coerces any 
minor to engage in, or who has a minor assist any other person 
to engage in, or who transports any minor with the intent that 
the minor engage in any sexually explicit conduct for the 
purpose of producing any visual depiction of such conduct, 
intending that the visual depiction will be imported into the 
United States or into waters within 12 miles of the coast of 
the United States, shall be punished as provided in subsection 
(c).
  (b) Use of Visual Depiction.--A person who, outside the 
United States, knowingly receives, transports, ships, 
distributes, sells, or possesses with intent to transport, 
ship, sell, or distribute any visual depiction of a minor 
engaging in sexually explicit conduct (if the production of the 
visual depiction involved the use of a minor engaging in 
sexually explicit conduct), intending that the visual depiction 
will be imported into the United States or into waters within a 
distance of 12 miles of the coast of the United States, shall 
be punished as provided in subsection (c).
  (c) Penalties.--A person who violates subsection (a) or (b), 
or conspires or attempts to do so--
          (1) shall be fined under this title, imprisoned not 
        more than 10 years, or both; and
          (2) if the person has a prior conviction under this 
        chapter or chapter 109A, shall be fined under this 
        title, imprisoned not more than 20 years, or both.

                    CHAPTER 110A--DOMESTIC VIOLENCE

[Sec. 2261. Interstate domestic violence.
[Sec. 2262. Interstate violation of protection order.
[Sec. 2263. Pretrial release of defendant.
[Sec. 2264. Restitution.
[Sec. 2265. Full faith and credit given to protection orders.
[Sec. 2266. Definitions.]
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.
     * * * * * * *

Sec. 2262. Interstate violation of protection order

  (a) Offenses.--
          (1) Crossing a state line.--A person who travels 
        across a State line or enters or leaves Indian country 
        with the intent to engage in conduct that--
                  (A)(i) * * *
                  (ii) would violate [subparagraph (A)] this 
                subparagraph if the conduct occurred in the 
                jurisdiction in which the order was issued; and
          * * * * * * *

                      CHAPTER 113--STOLEN PROPERTY

          * * * * * * *

Sec. 2311. Definitions

  As used in this chapter:
  ``Aircraft'' means any contrivance now known or hereafter 
invented, used, or designed for navigation of or for flight in 
the air;
  ``Cattle'' means one or more bulls, steers, oxen, cows, 
heifers, or calves, or the carcass or carcasses thereof;
  ``[livestock] 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.
          * * * * * * *

                   CHAPTER 113A--TELEMARKETING FRAUD

          * * * * * * *

Sec. 2327. Mandatory restitution

  (a) * * *
          * * * * * * *
  (c) Proof of Claim.--
          (1) Affidavit.--Within 60 days after conviction and, 
        in any event, not later than 10 days prior to 
        sentencing, the United States Attorney (or the United 
        States Attorney's [delegee] designee), after consulting 
        with the victim, shall prepare and file an affidavit 
        with the court listing the amounts subject to 
        restitution under this section. The affidavit shall be 
        signed by the United States Attorney (or the United 
        States Attorney's [delegee] designee) and the victim. 
        Should the victim object to any of the information 
        included in the affidavit, the United States Attorney 
        (or the United States Attorney's [delegee] designee) 
        shall advise the victim that the victim may file a 
        separate affidavit and shall provide the victim with an 
        affidavit form which may be used to do so.
          (2) Objection.--If, after the defendant has been 
        notified of the affidavit, no objection is raised by 
        the defendant, the amounts attested to in the affidavit 
        filed pursuant to paragraph (1) shall be entered in the 
        court's restitution order. If objection is raised, the 
        court may require the victim or the United States 
        Attorney (or the United States Attorney's [delegee] 
        designee) to submit further affidavits or other 
        supporting documents, demonstrating the victim's 
        losses.
          (3) Additional documentation and testimony.--If the 
        court concludes, after reviewing the supporting 
        documentation and considering the defendant's 
        objections, that there is a substantial reason for 
        doubting the authenticity or veracity of the records 
        submitted, the court may require additional 
        documentation or hear testimony on those questions. The 
        privacy of any records filed, or testimony heard, 
        pursuant to this section shall be maintained to the 
        greatest extent possible, and such records may be filed 
        or testimony heard in camera.
          (4) Final determination of losses.--If the victim's 
        losses are not ascertainable by the date that is 10 
        days prior to sentencing as provided in paragraph (1), 
        the United States Attorney (or the United States 
        Attorney's [delegee] designee) shall so inform the 
        court, and the court shall set a date for the final 
        determination of the victim's losses, not to exceed 90 
        days after sentencing. If the victim subsequently 
        discovers further losses, the victim shall have 60 days 
        after discovery of those losses in which to petition 
        the court for an amended restitution order. Such order 
        may be granted only upon a showing of good cause for 
        the failure to include such losses in the initial claim 
        for restitutionary relief.
          * * * * * * *

                        CHAPTER 113B--TERRORISM

          * * * * * * *

Sec. 2339A. Providing material support to terrorists

  (a) * * *
  (b) Offense.--A person who, within the United States, 
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 32, 
[36] 37, 351, 844 (f) or (i), 1114, 1116, 1203, 1361, 1363, 
1751, 2280, 2281, [2331] 2332, or [2339] 2332a of this title or 
section 46502 of title 49, or in preparation for or carrying 
out the concealment [of an escape] or an escape from the 
commission of any such violation, shall be fined under this 
title, imprisoned not more than 10 years, or both.

                      CHAPTER [113B] 113C--TORTURE

Sec.
2340.  Definitions.
2340A.  Torture.
2340B.  Exclusive remedies.
          * * * * * * *

  CHAPTER 117--TRANSPORTATION FOR ILLEGAL SEXUAL ACTIVITY AND RELATED 
                                 CRIMES

          * * * * * * *

Sec. 2423. Transportation of minors

  (a) * * *
  (b) Travel With Intent To Engage in Sexual Act With a 
Juvenile.--A person who travels in interstate commerce, or 
conspires to do so, or a United States citizen or an alien 
admitted for permanent residence in the United States who 
travels in foreign commerce, or conspires to do so, for the 
purpose of engaging in any sexual act (as defined in section 
[2245] 2246) with a person under 18 years of age that would be 
in violation of chapter 109A if the sexual act occurred in the 
special maritime and territorial jurisdiction of the United 
States shall be fined under this title, imprisoned not more 
than 10 years, or both.
          * * * * * * *

   CHAPTER 119--WIRE AND ELECTRONIC COMMUNICATIONS INTERCEPTION AND 
                  INTERCEPTION OF ORAL COMMUNICATIONS

          * * * * * * *

Sec. 2511. Interception and disclosure of wire, oral, or electronic 
                    communications prohibited

  (1) Except as otherwise specifically provided in this chapter 
any person who--
          (a) * * *
          * * * * * * *
          (e)(i) 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 2511(2)(A)(ii), 2511(b)-(c), 
        2511(e)] sections 2511(2)(a)(ii), 2511(2)(b)-(c), 
        2511(2)(e), 2516, and 2518 of this [subchapter] 
        chapter, (ii) knowing or having reason to know that the 
        information was obtained through the interception of 
        such a communication in connection with a criminal 
        investigation, (iii) having obtained or received the 
        information in connection with a criminal 
        investigation, and (iv) with intent to improperly 
        obstruct, impede, or interfere with a duly authorized 
        criminal investigation,
shall be punished as provided in subsection (4) or shall be 
subject to suit as provided in subsection (5).
          * * * * * * *

Sec. 2516. Authorization for interception of wire, oral, or electronic 
                    communications

  (1) 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 2518 of this chapter 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--
          (a) * * *
          * * * * * * *
          (l) the location of any fugitive from justice from an 
        offense described in this section; [or]
          * * * * * * *
          (n) any violation of section 5861 of the Internal 
        Revenue Code of 1986 (relating to firearms); [and] or
          * * * * * * *

      CHAPTER 121--STORED WIRE AND ELECTRONIC COMMUNICATIONS AND 
                      TRANSACTIONAL RECORDS ACCESS

          * * * * * * *

Sec. 2701. Unlawful access to stored communications

  (a) * * *
  (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--
                  (A) a [fine of under] fine under this title 
                or imprisonment for not more than one year, 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 two years, or both, for any 
                subsequent offense under this subparagraph; and
          (2) a [fine of under] fine under this title or 
        imprisonment for not more than six months, or both, in 
        any other case.
          * * * * * * *

Sec. 2703. Requirements for governmental access

  (a) * * *
          * * * * * * *
  (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 described in 
section [3126(2)(A)] 3127(2)(A) 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.
          * * * * * * *

    CHAPTER 123--PROHIBITION ON RELEASE AND USE OF CERTAIN PERSONAL 
              INFORMATION FROM STATE MOTOR VEHICLE RECORDS

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.
          * * * * * * *

Sec. 2721. Prohibition on release and use of certain personal 
                    information from State motor vehicle records

  (a) * * *
          * * * * * * *
  (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 
[title] 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.
          * * * * * * *

                      PART II--CRIMINAL PROCEDURE

          * * * * * * *

                   CHAPTER 203--ARREST AND COMMITMENT

          * * * * * * *

Sec. 3056. Powers, authorities, and duties of United States Secret 
                    Service

  (a) Under the direction of the Secretary of the Treasury, the 
United States Secret Service is authorized to protect the 
following persons:
          (1) * * *
          * * * * * * *
          (3) Former Presidents and their spouses for their 
        lifetimes, except that protection of a spouse shall 
        terminate in the event of remarriage unless the former 
        President did not serve as President prior to January 
        1, 1997, in which case, former Presidents and their 
        spouses for a period of not more than ten years from 
        the date a former President leaves office, except 
        that--
                  [(1)] (A) protection of a spouse shall 
                terminate in the event of remarriage or the 
                divorce from, or death of a former President; 
                and
                  [(2)] (B) should the death of a President 
                occur while in office or within one year after 
                leaving office, the spouse shall receive 
                protection for one year from the time of such 
                death:
Provided, That the Secretary of the Treasury shall have the 
authority to direct the Secret Service to provide temporary 
protection for any of these individuals at any time if the 
Secretary of the Treasury or designee determines that 
information or conditions warrant such protection.
          * * * * * * *

Sec. 3059A. Special rewards for information relating to certain 
                    financial institution offenses

  (a)(1) In special circumstances and in the Attorney General's 
sole discretion, the Attorney General may make payments to 
persons who furnish information unknown to the Government 
relating to a possible prosecution under [section 215 225,,] 
section 215, 225, 287, 656, 657, 1001, 1005, 1006, 1007, 1014, 
1032, 1341, 1343, 1344, or 1517 of this title affecting a 
depository institution insured by the Federal Deposit Insurance 
Corporation or any other agency or entity of the United States, 
or to a possible prosecution for conspiracy to commit such an 
offense.
          * * * * * * *

  CHAPTER 204--REWARDS FOR INFORMATION CONCERNING TERRORIST ACTS AND 
                               ESPIONAGE

          * * * * * * *

Sec. 3077. Definitions

  As used in this chapter, the term--
          (1) * * *
          * * * * * * *
          (8) ``act of espionage'' means an activity that is a 
        violation of--
                  (A) section 793, 794, or 798 of [title 18, 
                United States Code] this title; or
          * * * * * * *

         CHAPTER 206--PEN REGISTERS AND TRAP AND TRACE DEVICES

          * * * * * * *

Sec. 3125. Emergency pen register and trap and trace device 
                    installation

  (a) 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, any Assistant Attorney General, any 
acting Assistant Attorney General, or any Deputy Assistant 
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 
                bodily injury to any person; or
                  (B) conspiratorial activities characteristic 
                of organized crime,
        that requires the installation and use of a pen 
        register or a trap and trace device before an order 
        authorizing such installation and use can, with due 
        diligence, be obtained, and
          (2) there are grounds upon which an order could be 
        entered under this chapter to authorize such 
        installation and use;
may have installed and use a pen register or trap and trace 
device if, within forty-eight hours after the installation has 
occurred, or begins to occur, an order approving the 
installation or use is issued in accordance with section 3123 
of this title.['']
          * * * * * * *

    CHAPTER 207--RELEASE AND DETENTION PENDING JUDICIAL PROCEEDINGS

          * * * * * * *

Sec. 3146. Penalty for failure to appear

  (a) * * *
  (b) Punishment.--(1) The punishment for an offense under this 
section is--
          (A) if the person was released in connection with a 
        charge of, or while awaiting sentence, surrender for 
        service of sentence, or appeal or certiorari after 
        conviction for--
                  (i) * * *
          * * * * * * *
                  (iv) a misdemeanor, [a fined under this 
                title] a fine under this title or imprisonment 
                for not more than one year, or both; and
          * * * * * * *

                        CHAPTER 209--EXTRADITION

Sec.
3181.  Scope and limitation of chapter.
3182.  Fugitives from State or Territory to State, District, or 
          Territory.
3183.  Fugitives from State, Territory, or Possession into 
          extraterritorial jurisdiction of United States.
     * * * * * * *

Sec. 3182. Fugitives from State or Territory to State, District, or 
                    Territory

  Whenever the executive authority of any State or Territory 
demands any person as a fugitive from justice, of the executive 
authority of any State, District, or Territory to which such 
person has fled, and produces a copy of an indictment found or 
an affidavit made before a magistrate of any State or 
Territory, charging the person demanded with having committed 
treason, felony, or other crime, certified as authentic by the 
governor or chief magistrate of the State or Territory from 
whence the person so charged has fled, the executive authority 
of the State, District, or Territory to which such person has 
fled shall cause him to be arrested and secured, and notify the 
executive authority making such demand, or the agent of such 
authority appointed to receive the fugitive, and shall cause 
the fugitive to be delivered to such agent when he shall 
appear. If no such agent appears within thirty days from the 
time of the arrest, the prisoner may be discharged.
          * * * * * * *

                        CHAPTER 213--LIMITATIONS

          * * * * * * *

Sec. 3286. Extension of statute of limitation for certain terrorism 
                    offenses

  Notwithstanding section 3282, no person shall be prosecuted, 
tried, or punished for any offense involving a violation of 
section 32 (aircraft destruction), section [36] 37 (airport 
violence), section 112 (assaults upon diplomats), section 351 
(crimes against Congressmen or Cabinet officers), section 1116 
(crimes against diplomats), section 1203 (hostage taking), 
section 1361 (willful injury to government property), section 
1751 (crimes against the President), section 2280 (maritime 
violence), section 2281 (maritime platform violence), section 
[2331] 2332 (terrorist acts abroad against United States 
nationals), section [2339] 2332a (use of weapons of mass 
destruction), or section 2340A (torture) of this title or 
section 46502, 46504, 46505, or 46506 of title 49, unless the 
indictment is found or the information is instituted within 8 
years after the offense was committed.
          * * * * * * *

                  CHAPTER 223--WITNESSES AND EVIDENCE

Sec.
3481.  Competency of accused.
     * * * * * * *
3509.  Child [Victims'] victims' and child witnesses' rights.
     * * * * * * *

Sec. 3509. Child victims' and child witnesses' rights

  (a) * * *
          * * * * * * *
  (e) Closing the Courtroom.--When a child testifies the court 
may order the exclusion from the courtroom of all persons, 
including members of the press, who do not have a direct 
interest in the case. Such an order may be made if the court 
determines on the record that requiring the child to testify in 
open court would cause substantial psychological harm to the 
child or would result in the child's inability to effectively 
communicate. Such an order shall be narrowly tailored to serve 
the [government's] Government's specific compelling interest.
          * * * * * * *
  (h) Guardian Ad Litem.--
          (1) * * *
          * * * * * * *
          (3) Immunities.--A guardian ad litem shall be 
        presumed to be acting in good faith and shall be immune 
        from civil and criminal liability for complying with 
        the guardian's lawful duties described in [subpart] 
        paragraph (2).
          * * * * * * *

                         CHAPTER 227--SENTENCES

          * * * * * * *

                    SUBCHAPTER A--GENERAL PROVISIONS

          * * * * * * *

Sec. 3553. Imposition of a sentence

  (a) * * *
          * * * * * * *
  (f) Limitation on Applicability of Statutory Minimums in 
Certain Cases.--Notwithstanding any other provision of law, in 
the case of an offense under section 401, 404, or 406 of the 
Controlled Substances Act (21 U.S.C. 841, 844, 846) or [section 
1010 or 1013 of the Controlled Substances Import and Export Act 
(21 U.S.C. 961, 963)] section 1010 or 1013 of the Controlled 
Substances Import and Export Act (21 U.S.C. 960, 963), the 
court shall impose a sentence pursuant to guidelines 
promulgated by the United States Sentencing Commission under 
section 994 of title 28 without regard to any statutory minimum 
sentence, if the court finds at sentencing, after the 
Government has been afforded the opportunity to make a 
recommendation, that--
          (1) * * *
          * * * * * * *
          (4) the defendant was not an organizer, leader, 
        manager, or supervisor of others in the offense, as 
        determined under the sentencing guidelines and was not 
        engaged in a continuing criminal enterprise, as defined 
        in [21 U.S.C. 848] section 408 of the Controlled 
        Substances Act; and
          * * * * * * *

                        SUBCHAPTER B--PROBATION

          * * * * * * *

Sec. 3561. Sentence of probation

  (a) * * *
  (b) Domestic Violence Offenders.--A defendant who has been 
convicted for the first time of a domestic violence crime shall 
be sentenced to a term of probation if not sentenced to a term 
of imprisonment. The term ``domestic violence crime'' means a 
crime of violence for which the defendant may be prosecuted in 
a court of the United States in which the victim or intended 
victim is the spouse, former spouse, intimate partner, former 
intimate partner, child, or former child of the defendant, [or 
any relative defendant, child, or former child of the 
defendant,] or any other relative of the defendant.
          * * * * * * *

Sec. 3563. Conditions of probation

  (a) Mandatory Conditions.--The court shall provide, as an 
explicit condition of a sentence of probation--
          (1) for a felony, a misdemeanor, or an infraction, 
        that the defendant not commit another Federal, State, 
        or local crime during the term of probation;
          (2) for a felony, that the defendant also abide by at 
        least one condition set forth in subsection (b)(2), 
        (b)(3), or (b)(13), unless the court finds on the 
        record that extraordinary circumstances exist that 
        would make such a condition plainly unreasonable, in 
        which event the court shall impose one or more of the 
        other conditions set forth under subsection (b);
          (3) for a felony, a misdemeanor, or an infraction, 
        that the defendant not unlawfully possess a controled 
        substance; [and]
          (4) for a felony, a misdemeanor, or an infraction, 
        that the defendant refrain from any unlawful use of a 
        controlled substance and submit to one drug test within 
        15 days of release on probation and at least 2 periodic 
        drug tests thereafter (as determined by the court) for 
        use of a controlled substance, but the condition stated 
        in this paragraph may be ameliorated or suspended by 
        the court for any individual defendant if the 
        defendant's presentence report or other reliable 
        sentencing information indicates a low risk of future 
        substance abuse by the defendant[.]; and
          [(4)] (5) for a domestic violence crime as defined in 
        section 3561(b) by a defendant convicted of such an 
        offense for the first time that the defendant attend a 
        public, private, or private nonprofit offender 
        rehabilitation program that has been approved by the 
        court, in consultation with a State Coalition Against 
        Domestic Violence or other appropriate experts, if an 
        approved program is readily available within a 50-mile 
        radius of the legal residence of the defendant.
If the court has imposed and ordered execution of a fine and 
placed the defendant on probation, payment of the fine or 
adherence to the court-established installment schedule shall 
be a condition of the probation. The results of a drug test 
administered in accordance with paragraph (4) shall be subject 
to confirmation only if the results are positive, the defendant 
is subject to possible imprisonment for such failure, and 
either the defendant denies the accuracy of such test or there 
is some other reason to question the results of the test. A 
defendant who tests positive may be detained pending 
verification of a positive drug test result. A drug test 
confirmation shall be a urine drug test confirmed using gas 
chromatography/mass spectrometry techniques or such test as the 
Director of the Administrative Office of the United States 
Courts after consultation with the Secretary of Health and 
Human Services may determine to be of equivalent accuracy. The 
court shall consider whether the availability of appropriate 
substance abuse treatment programs, or an individual's current 
or past participation in such programs, warrants an exception 
in accordance with United States Sentencing Commission 
guidelines from the rule of section 3565(b), when considering 
any action against a defendant who fails a drug test 
administered in accordance with paragraph (4).
          * * * * * * *

                       SUBCHAPTER D--IMPRISONMENT

          * * * * * * *

Sec. 3582. Imposition of a sentence of imprisonment

  (a) * * *
          * * * * * * *
  (c) Modification of an Imposed Term of Imprisonment.--The 
court may not modify a term of imprisonment once it has been 
imposed except that--
          (1) in any case--
                  (A) the court, upon motion of the Director of 
                the Bureau of Prisons, may reduce the term of 
                imprisonment, after considering the factors set 
                forth in section 3553(a) to the extent that 
                they are applicable, if it finds that--
                          (i) extraordinary and compelling 
                        reasons warrant such a reduction; or
          * * * * * * *

                      CHAPTER 228--DEATH SENTENCE

          * * * * * * *

Sec. 3592. Mitigating and aggravating factors to be considered in 
                    determining whether a sentence of death is 
                    justified

  (a) * * *
          * * * * * * *
  (c) Aggravating Factors for Homicide.--In determining whether 
a sentence of death is justified for an offense described in 
section 3591(a)(2), the jury, or if there is no jury, the 
court, shall consider each of the following aggravating factors 
for which notice has been given and determine which, if any, 
exist:
          (1) * * *
          * * * * * * *
          (12) Conviction for serious federal drug offenses.--
        The defendant had previously been convicted of 
        violating title II or III of the [Controlled Substances 
        Act] Comprehensive Drug Abuse Prevention and Control 
        Act of 1970 for which a sentence of 5 or more years may 
        be imposed or had previously been convicted of engaging 
        in a continuing criminal enterprise.
          * * * * * * *

                    PART III--PRISONS AND PRISONERS

          * * * * * * *

                  CHAPTER 305--COMMITMENT AND TRANSFER

Sec.
4081.  Classification and treatment of prisoners.
4082.  Commitment to Attorney General; residential treatment [centers,] 
          centers; extension of limits of confinement; work furlough.
     * * * * * * *

               PART IV--CORRECTION OF YOUTHFUL OFFENDERS

          * * * * * * *

                   CHAPTER 403--JUVENILE DELINQUENCY

          * * * * * * *

Sec. 5032. Delinquency proceedings in district courts; transfer for 
                    criminal prosecution

  A juvenile alleged to have committed an act of juvenile 
delinquency, other than a violation of law committed within the 
special maritime and territorial jurisdiction of the United 
States for which the maximum authorized term of imprisonment 
does not exceed six months, shall not be proceeded against in 
any court of the United States unless the Attorney General, 
after investigation, certifies to the appropriate district 
court of the United States that (1) the juvenile court or other 
appropriate court of a State does not have jurisdiction or 
refuses to assume jurisdiction over said juvenile with respect 
to such alleged act of juvenile delinquency, (2) the State does 
not have available programs and services adequate for the needs 
of juveniles, or (3) the offense charged is a crime of violence 
that is a felony or an offense described in section 401 of the 
Controlled Substances Act (21 U.S.C. 841), or section 1002(a), 
1003, 1005, 1009, or 1010(b)(1), (2), or (3) of the Controlled 
Substances Import and Export Act (21 U.S.C. 952(a), 953, 955, 
959, 960(b)(1), (2), (3)), section 922(x) or section 924(b), 
(g), or (h) [or (x)] of this title, and that there is a 
substantial Federal interest in the case or the offense to 
warrant the exercise of Federal jurisdiction.
  If the Attorney General does not so certify, such juvenile 
shall be surrendered to the appropriate legal authorities of 
such State. For purposes of this section, the term ``State'' 
includes a State of the United States, the District of 
Columbia, and any commonwealth, territory, or possession of the 
United States.
  If an alleged juvenile delinquent is not surrendered to the 
authorities of a State pursuant to this section, any 
proceedings against him shall be in an appropriate district 
court of the United States. For such purposes, the court may be 
convened at any time and place within the district, in chambers 
or otherwise. The Attorney General shall proceed by information 
or as authorized under section 3401(g) of this title, and no 
criminal prosecution shall be instituted for the alleged act of 
juvenile delinquency except as provided below.
          * * * * * * *

Sec. 5037. Dispositional hearing

  (a) * * *
  (b) The term for which probation may be ordered for a 
juvenile found to be a juvenile delinquent may not extend--
          (1) in the case of a juvenile who is less than 
        eighteen years old, beyond the lesser of--
                  (A) the date when the juvenile becomes 
                twenty-one years old; or
                  (B) the maximum term that would be authorized 
                by section [3561(b)] 3561(c) if the juvenile 
                had been tried and convicted as an adult; or
          (2) in the case of a juvenile who is between eighteen 
        and twenty-one years old, beyond the lesser of--
                  (A) three years; or
                  (B) the maximum term that would be authorized 
                by section [3561(b)] 3561(c) if the juvenile 
                had been tried and convicted as an adult.
The provisions dealing with probation set forth in sections 
3563, 3564, and 3565 are applicable to an order placing a 
juvenile on probation.

Sec. 5038. Use of juvenile records

  (a) * * *
          * * * * * * *
  (d) Whenever a juvenile is found guilty of committing an act 
which if committed by an adult would be a felony that is a 
crime of violence or an offense described in [section 841, 
952(a), 955, or 959 of title 21] section 401 of the Controlled 
Substances Act or section 1001(a), 1005, or 1009 of the 
Controlled Substances Import and Export Act, such juvenile 
shall be fingerprinted and photographed. Except a juvenile 
described in subsection (f), fingerprints and photographs of a 
juvenile who is not prosecuted as an adult shall be made 
available only in accordance with the provisions of subsection 
(a) of this section. Fingerprints and photographs of a juvenile 
who is prosecuted as an adult shall be made available in the 
manner applicable to adult defendants.
  (e) Unless a juvenile who is taken into custody is prosecuted 
as an adult neither the name nor picture of any juvenile shall 
be made public in connection with a juvenile delinquency 
proceeding.
  (f) Whenever a juvenile has on two separate occasions been 
found guilty of committing an act which if committed by an 
adult would be a felony crime of violence or an offense 
described in [section 841, 952(a), 955, or 959 of title 21] 
section 401 of the Controlled Substances Act or section 
1001(a), 1005, or 1009 of the Controlled Substances Import and 
Export Act, or whenever a [juvenille] juvenile has been found 
guilty of committing an act after his 13th birthday which if 
committed by an adult would be an offense described in the 
second sentence of the fourth paragraph of section 5032 of this 
title, the court shall transmit to [the Federal Bureau of 
Investigation, Identification Division,] the Federal Bureau of 
Investigation the information concerning the adjudications, 
including name, date of adjudication, court, offenses, and 
sentence, along with the notation that the matters were 
juvenile adjudications.
          * * * * * * *
                              ----------                              


         VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF 1994

          * * * * * * *

                    TITLE IV--VIOLENCE AGAINST WOMEN

          * * * * * * *

          Subtitle E--Violence Against Women Act Improvements

          * * * * * * *

SEC. 40503. PAYMENT OF COST OF TESTING FOR SEXUALLY TRANSMITTED 
                    DISEASES.

  (a) * * *
  (b) Limited Testing of Defendants.--
          (1) * * *
          * * * * * * *
          (3) Follow-up testing.--The court may order follow-up 
        tests and counseling under [paragraph (b)(1)] paragraph 
        (1) if the initial test was negative. Such follow-up 
        tests and counseling shall be performed at the request 
        of the victim on dates that occur six months and twelve 
        months following the initial test.
          * * * * * * *

                        TITLE VI--DEATH PENALTY

          * * * * * * *

SEC. 60003. SPECIFIC OFFENSES FOR WHICH DEATH PENALTY IS AUTHORIZED.

  (a) Conforming Changes in Title 18.--Title 18, United States 
Code, is amended as follows:
          (1) * * *
          (2) Espionage.--Section 794(a) of title 18, United 
        States Code, is amended by striking the period at the 
        end of the [section] subsection and inserting ``, 
        except that the sentence of death shall not be imposed 
        unless the jury or, if there is no jury, the court, 
        further finds that the offense resulted in the 
        identification by a foreign power (as defined in 
        section 101(a) of the Foreign Intelligence Surveillance 
        Act of 1978) of an individual acting as an agent of the 
        United States and consequently in the death of that 
        individual, or directly concerned nuclear weaponry, 
        military spacecraft or satellites, early warning 
        systems, or other means of defense or retaliation 
        against large-scale attack; war plans; communications 
        intelligence or cryptographic information; or any other 
        major weapons system or major element of defense 
        strategy.''.
          * * * * * * *
          (13) Genocide.--Section 1091(b)(1) of title 18, 
        United States Code, is amended by striking ``a fine of 
        not more than [$1,000,000 or] $1,000,000 and 
        imprisonment for life,'' and inserting ``, where death 
        results, by death or imprisonment for life and a fine 
        of not more than $1,000,000, or both;''.
          * * * * * * *

  TITLE VIII--APPLICABILITY OF MANDATORY MINIMUM PENALTIES IN CERTAIN 
                                 CASES

SEC. 80001. LIMITATION ON APPLICABILITY OF MANDATORY MINIMUM PENALTIES 
                    IN CERTAIN CASES.

  (a) In General.--Section 3553 of title 18, United States 
Code, is amended by adding at the end the following new 
subsection:
  ``(f) Limitation on Applicability of Statutory Minimums in 
Certain Cases.--Notwithstanding any other provision of law, in 
the case of an offense under section 401, 404, or 406 of the 
Controlled Substances Act (21 U.S.C. 841, 844, 846) or section 
1010 or 1013 of the Controlled Substances Import and Export Act 
(21 U.S.C. 961, 963), the court shall impose a sentence 
pursuant to guidelines promulgated by the United States 
Sentencing Commission under section 994 of title 28 without 
regard to any statutory minimum sentence, if the court finds at 
sentencing, after the Government has been afforded the 
opportunity to make a recommendation, that--
          ``(1) * * *
          * * * * * * *
          ``(5) not later than the time of the sentencing 
        hearing, the defendant has truthfully provided to the 
        Government all information and evidence the defendant 
        has concerning the offense or offenses that were part 
        of the same course of conduct or of a common scheme or 
        plan, but the fact that the defendant has no relevant 
        or useful other information to provide or that the 
        Government is already aware of the information shall 
        not preclude a determination by the court that the 
        defendant has complied with this requirement.''.
          * * * * * * *

                           TITLE XI--FIREARMS

                      Subtitle A--Assault Weapons

          * * * * * * *

SEC. 110102. RESTRICTION ON MANUFACTURE, TRANSFER, AND POSSESSION OF 
                    CERTAIN SEMIAUTOMATIC ASSAULT WEAPONS.

  (a) * * *
          * * * * * * *
  (c) Penalties.--
          (1) * * *
          (2) Use or possession during crime of violence or 
        drug trafficking crime.--Section 924(c)(1) of such 
        title is amended in the first sentence by inserting ``, 
        or semiautomatic assault weapon,'' after ``short-
        barreled [shotgun,] shotgun''.
          * * * * * * *

                    Subtitle B--Youth Handgun Safety

SEC. 110201. PROHIBITION OF THE POSSESSION OF A HANDGUN OR AMMUNITION 
                    BY, OR THE PRIVATE TRANSFER OF A HANDGUN OR 
                    AMMUNITION TO, A JUVENILE.

  (a) Offense.--Section 922 of title 18, United States Code, as 
amended by section 110103(a), is amended by [adding at the end] 
inserting after subsection (w) the following new subsection:
  ``(x)(1) * * *
          * * * * * * *

                    Subtitle E--Gun Crime Penalties

          * * * * * * *

SEC. 110504. THEFT OF FIREARMS AND EXPLOSIVES.

  (a) Firearms.--Section 924 of title 18, United States Code, 
as amended by section [110203(a)] 110503, is amended by adding 
at the end the following new subsection:
  ``(k) 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, fined 
under this title, or both.''.
          * * * * * * *

SEC. 110507. INCREASED PENALTY FOR KNOWINGLY MAKING FALSE, MATERIAL 
                    STATEMENT IN CONNECTION WITH THE ACQUISITION OF A 
                    FIREARM FROM A LICENSED DEALER.

  Section [924(a)] 924 of title 18, United States Code, is 
amended--
          (1) in subsection (a)(1)(B) by striking ``(a)(6),''; 
        and
          (2) in subsection (a)(2) by inserting ``(a)(6),'' 
        after ``[subsections] subsection''.
          * * * * * * *

                          TITLE XII--TERRORISM

          * * * * * * *

SEC. 120005. PROVIDING MATERIAL SUPPORT TO TERRORISTS.

  (a) Offense.--Chapter 113A of title 18, United States Code, 
is amended by adding at the end the following new section:

``Sec. 2339A. Providing material support to terrorists

  ``(a) Definition.--In this section, `material support or 
resources' means currency or other financial securities, 
financial services, lodging, training, safehouses, false 
documentation or identification, communications equipment, 
facilities, weapons, lethal substances, explosives, personnel, 
transportation, and other physical assets, but does not include 
humanitarian assistance to persons not directly involved in 
such violations.
          * * * * * * *
  (b) Technical Amendment.--The chapter analysis for chapter 
113A of title 18, United States Code, is amended by adding at 
the end the following new item:

``2339A. Providing material support to terrorists.''.
          * * * * * * *

                      TITLE XVI--CHILD PORNOGRAPHY

SEC. 160001. PENALTIES FOR INTERNATIONAL TRAFFICKING IN CHILD 
                    PORNOGRAPHY.

  (a) * * *
          * * * * * * *
  (f) RICO Amendment.--Section [1961(l)] 1961(1) of title 18, 
United States Code, is amended by striking ``2251-2252'' and 
inserting ``2251, 2251A, 2252, and 2258''.
  (g) Transportation of Minors.--Section 2423 of title 18, 
United States Code, is amended--
          (1) by striking ``[(a) Whoever] Whoever'' and 
        inserting ``(a) Transportation With Intent To Engage in 
        Criminal Sexual Activity.--A person who''; and
          * * * * * * *

                  TITLE XVII--CRIMES AGAINST CHILDREN

   Subtitle A--Jacob Wetterling Crimes Against Children and Sexually 
                   Violent Offender Registration Act

          * * * * * * *

                 Subtitle B--Assaults Against Children

SEC. 170201. ASSAULTS AGAINST CHILDREN.

  (a) * * *
          * * * * * * *
  (c) Technical and Stylistic Changes to Section 113.--Section 
113 of title 18, United States Code, is amended--
          [(1) in paragraph (b), by striking ``of not more than 
        $3,000'' and inserting ``under this title'';
          [(2) in paragraph (c), by striking ``of not more than 
        $1,000'' and inserting ``under this title'';
          [(3) in paragraph (d), by striking ``of not more than 
        $500'' and inserting ``under this title'';]
          * * * * * * *

               TITLE XXI--STATE AND LOCAL LAW ENFORCEMENT

          * * * * * * *

                 Subtitle F--Other State and Local Aid

          * * * * * * *

SEC. 210603. AVAILABILITY OF VIOLENT CRIME REDUCTION TRUST FUND TO FUND 
                    ACTIVITIES AUTHORIZED BY THE BRADY HANDGUN VIOLENCE 
                    PREVENTION ACT AND THE NATIONAL CHILD PROTECTION 
                    ACT OF 1993.

  (a) * * *
  (b) Technical Amendment.--Sections 103(k) and 106(b) of the 
Brady Handgun Violence Prevention Act (18 U.S.C. 922 note) are 
each amended by striking ``, which may be appropriated from the 
Violent Crime Reduction Trust [Fund,] Fund established by 
section 1115 of title 31, United States Code,''.
          * * * * * * *

                     TITLE XXIII--VICTIMS OF CRIME

                      Subtitle A--Victims of Crime

          * * * * * * *

                    Subtitle B--Crime Victims' Fund

          * * * * * * *

SEC. 230207. CHANGE OF DUE DATE FOR REQUIRED REPORT.

  Section 1407(g) of the Victims of Crime Act of 1984 (42 
U.S.C. 10604(g)) is amended by striking ``and on December 31 
every [two] 2 years thereafter'', and inserting ``and on June 
30 every two years thereafter''.
          * * * * * * *

                TITLE XXIV--PROTECTIONS FOR THE ELDERLY

          * * * * * * *

SEC. 240002. CRIMES AGAINST THE ELDERLY.

  (a) * * *
          * * * * * * *
  (c) Definitions.--In this section--
          (1) ``crime of violence'' means an offense under 
        section 113, 114, 1111, 1112, 1113, 1117, 2241, 2242, 
        or 2244 of title 18, United States Code.
          (2) ``elderly victim'' means a victim who is 65 years 
        of age or older at the time of an offense.

           TITLE XXV--SENIOR CITIZENS AGAINST MARKETING SCAMS

          * * * * * * *

SEC. 250008. INFORMATION NETWORK.

  (a) Hotline.--The Attorney General shall, subject to the 
availability of appropriations, establish a national toll-free 
hotline for the purpose of--
          (1) providing general information on telemarketing 
        fraud to interested persons; and
          (2) gathering information related to possible 
        violations of [this Act] provisions of law amended by 
        this title.
          * * * * * * *

                  TITLE XXVIII--SENTENCING PROVISIONS

          * * * * * * *

SEC. 280005. FULL-TIME VICE CHAIRS OF THE UNITED STATES SENTENCING 
                    COMMISSION.

  (a) Establishment of Positions.--[Section 991 (a)] Section 
991(a) of title 28, United States Code, is amended--
          (1) * * *
          * * * * * * *

                       TITLE XXIX--COMPUTER CRIME

SEC. 290001. COMPUTER ABUSE AMENDMENTS ACT OF 1994.

  (a) Short Title.--This [subtitle] section may be cited as the 
``Computer Abuse Amendments Act of 1994''.
          * * * * * * *

                       TITLE XXXII--MISCELLANEOUS

                   Subtitle A--Increases in Penalties

SEC. 320101. INCREASED PENALTIES FOR ASSAULT.

  (a) * * *
  (b) Foreign Officials, Official Guests, and Internationally 
Protected Persons.--Section 112(a) of title 18, United States 
Code, is amended--
          [(1) by striking ``not more than $5,000'' and 
        inserting ``under this title'';]
          (2) by inserting ``, or inflicts bodily injury,'' 
        after ``weapon''; and
          (3) by striking ``not more than $10,000'' and 
        inserting ``under this title''.
  (c) Maritime and Territorial Jurisdiction.--Section 113 of 
title 18, United States Code, is amended--
          (1) in subsection (c)--
                  [(A) by striking ``of not more than $1,000'' 
                and inserting ``under this title''; and]
                  (B) by striking ``five'' and inserting 
                ``ten''; and
          (2) in subsection (e)--
                  [(A) by striking ``of not more than $300'' 
                and inserting ``under this title''; and]
                  (B) by striking ``three'' and inserting 
                ``six''.
  (d) Congress, Cabinet, or Supreme Court.--Section 351(e) of 
title 18, United States Code, is amended--
          (1) by striking ``not more than $5,000,'' and 
        inserting ``under this title,'';
          (2) by inserting ``the assault involved in the use of 
        a dangerous weapon, or'' after ``if'';
          [(3) by striking ``not more than $10,000'' and 
        inserting ``under this title''; and]
          (4) by striking ``for''.
  (e) President and President's Staff.--Section 1751(e) of 
title 18, United States Code, is amended--
          [(1) by striking ``not more than $10,000,'' both 
        places it appears and inserting ``under this title,'';
          [(2) by striking ``not more than $5,000,'' and 
        inserting ``under this title,''; and]
          * * * * * * *

SEC. 320102. INCREASED PENALTIES FOR MANSLAUGHTER.

  Section 1112 of title 18, United States Code, is amended--
          (1) * * *
          [(2) by striking ``not more than $1,000'' and 
        inserting ``under this title''; and]
          * * * * * * *

SEC. 320103. INCREASED PENALTIES FOR CIVIL RIGHTS VIOLATIONS.

  (a) Conspiracy Against Rights.--Section 241 of title 18, 
United States Code, is amended--
          [(1) by striking ``not more than $10,000'' and 
        inserting ``under this title'';]
          * * * * * * *
  (b) Deprivation of Rights.--Section 242 of title 18, United 
States Code, is amended--
          [(1) by striking ``not more than $1,000'' and 
        inserting ``under this title'';]
          * * * * * * *
  (c) Federally Protected Activities.--Section 245(b) of title 
18, United States Code, is amended in the matter following 
paragraph (5)--
          [(1) by striking ``not more than $1,000'' and 
        inserting ``under this title'';]
          (2) by inserting ``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'' after ``bodily injury 
        results[;]'';
          [(3) by striking ``not more than $10,000'' and 
        inserting ``under this title'';]
          * * * * * * *
  (e) [Fair Housing] 1968 Civil Rights Act.--Section 901 of the 
[Fair Housing Act] Civil Rights Act of 1968 (42 U.S.C. 3631) is 
amended--
          (1) * * *
          * * * * * * *

SEC. 320104. PENALTIES FOR TRAFFICKING IN COUNTERFEIT GOODS AND 
                    SERVICES.

  (a) * * *
  (b) Laundering Monetary Instruments.--Section 1956(c)(7)(D) 
of title 18, United States Code, is amended by striking ``or 
section 2319 (relating to copyright infringement)[,]'' and 
inserting ``section 2319 (relating to copyright infringement), 
or section 2320 (relating to trafficking in counterfeit goods 
and services),''.
          * * * * * * *

SEC. 320109. MILITARY MEDALS AND DECORATIONS.

  Section 704 of title 18, United States Code, is amended--
          (1) by striking ``Whoever'' and inserting ``(a) In 
        General.--Whoever'';
          * * * * * * *

               Subtitle F--White Collar Crime Amendments

          * * * * * * *

SEC. 320602. RECEIVING THE PROCEEDS OF A POSTAL ROBBERY.

  Section 2114 of title 18, United States Code, is amended--
          (1) by striking ``[whoever] Whoever'' and inserting:
  ``(a) Assault.--A person who''; and
          * * * * * * *

                      Subtitle I--Other Provisions

          * * * * * * *

 H4  deg.SEC. 320911. MISUSE OF INITIALS ``DEA''.

  (a) Amendment.--Section 709 of title 18, United States Code, 
is amended--
          (1) in the [thirteenth] 14th unnumbered paragraph by 
        striking ``words--'' and inserting ``words; or''; and
          (2) by inserting after the [thirteenth] 14th 
        unnumbered paragraph the following new paragraph:
  ``A person who, 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;''.
          * * * * * * *

SEC. 320927. EXEMPTION FROM BRADY BACKGROUND CHECK REQUIREMENT OF 
                    RETURN OF HANDGUN TO OWNER.

  Section 922(s)(1) of title 18, United States Code, is amended 
in the first sentence by inserting ``(other than the return of 
a handgun to the person from whom it was received)'' after 
``handgun'' the first place it appears.
          * * * * * * *

                  TITLE XXXIII--TECHNICAL CORRECTIONS

          * * * * * * *

SEC. 330002. GENERAL TITLE 18 CORRECTIONS.

  (a) * * *
          * * * * * * *
  (d) Section 1014.--Section 1014 of title 18, United States 
Code, is amended by striking [the comma] each comma that 
follows a comma.
          * * * * * * *
  [(h) Amendment to Section 924(a)(1)(B).--Section 924(a)(1)(B) 
of title 18, United States Code, is amended by striking ``(q)'' 
and inserting ``(r)''.]
          * * * * * * *

SEC. 330004. REPEAL OF OBSOLETE PROVISIONS IN TITLE 18.

  Title 18, United States Code, is amended--
          (1) * * *
          * * * * * * *
          (3) in section 709 by striking the seventh and 
        [thirteenth] 14th paragraphs;
          * * * * * * *
          (18) in sections 542, 544, and 545 by striking 
        ``[the] Philippine Islands,''; and
          * * * * * * *

SEC. 330010. CORRECTION OF ERRORS FOUND DURING CODIFICATION.

  Title 18, United States Code, is amended--
          (1) * * *
          * * * * * * *
          (17) in section 3059A(e)[(2)(iii)](2)(A)(iii) by 
        striking ``backpay'' and inserting ``back pay''; and
          * * * * * * *

SEC. 330011. PROBLEMS RELATED TO EXECUTION OF PRIOR AMENDMENTS.

  (a) * * *
          * * * * * * *
  (d) Placement of New Section.--Section 404(a) of Public Law 
101-630 is amended, effective on the date such section took 
effect, by striking ``adding at the end thereof'' [each place] 
the first place it appears and inserting ``inserting after 
section [1169] 1168''.
          * * * * * * *

SEC. 330022. MARGIN ERROR.

  Section 2512(2) of title 18, United States Code, is amended 
by realigning the matter that begins with ``to send through'' 
and ends with ``electronic communications.'' so that it is 
flush to the left margin.
          * * * * * * *
                              ----------                              


                       CONTROLLED SUBSTANCES ACT

          * * * * * * * deg.


            TITLE II--CONTROL AND ENFORCEMENT deg.


       Part A--Short Title; Findings and Declaration; Definitions

                              definitions

  Sec. 102. As used in this title:
  (1) * * *
          * * * * * * *
  [(43)] (44) The term ``felony drug offense'' means an offense 
that is punishable by imprisonment for more than one year under 
any law of the United States or of a State or foreign country 
that prohibits or restricts conduct relating to narcotic drugs, 
marihuana, or depressant or stimulant substances.
          * * * * * * * deg.


                     Part D--Offenses and Penalties

          * * * * * * *

                     Continuing Criminal Enterprise

  Sec. 408. (a)  * * *
          * * * * * * *

          [Hearing Required With Respect to the Death Penalty

  [(g) A person shall be subjected to the penalty of death for 
any offense under this section only if a hearing is held in 
accordance with this section.

            [Notice by the Government in Death Penalty Cases

  [(h)(1) Whenever the Government intends to seek the death 
penalty for an offense under this section for which one of the 
sentences provided is death, the attorney for the Government, a 
reasonable time before trial or acceptance by the court of a 
plea of guilty, shall sign and file with the court, and serve 
upon the defendant, a notice--
          [(A) that the Government in the event of conviction 
        will seek the sentence of death; and
          [(B) setting forth the aggravating factors enumerated 
        in subsection (n) and any other aggravating factors 
        which the Government will seek to prove as the basis 
        for the death penalty.
  [(2) The court may permit the attorney for the Government to 
amend this notice for good cause shown.

                     [Hearing Before Court or Jury

  [(i)(1) When the attorney for the Government has filed a 
notice as required under subsection (h) and the defendant is 
found guilty of or pleads guilty to an offense under subsection 
(e), the judge who presided at the trial or before whom the 
guilty plea was entered, or any other judge if the judge who 
presided at the trial or before whom the guilty plea was 
entered is unavailable, shall conduct a separate sentencing 
hearing to determine the punishment to be imposed. The hearing 
shall be conducted--
          [(A) before the jury which determined the defendant's 
        guilt;
          [(B) before a jury impaneled for the purpose of the 
        hearing if--
                  [(i) the defendant was convicted upon a plea 
                of guilty;
                  [(ii) the defendant was convicted after a 
                trial before the court sitting without a jury;
                  [(iii) the jury which determined the 
                defendant's guilt has been discharged for good 
                cause; or
                  [(iv) after initial imposition of a sentence 
                under this section, redetermination of the 
                sentence under this section is necessary; or
          [(C) before the court alone, upon the motion of the 
        defendant and with the approval of the Government.
  [(2) A jury impaneled under paragraph (1)(B) shall consist of 
12 members, unless, at any time before the conclusion of the 
hearing, the parties stipulate with the approval of the court 
that it shall consist of any number less than 12.

              [Proof of Aggravating and Mitigating Factors

  [(j) Notwithstanding rule 32(c) of the Federal Rules of 
Criminal Procedure, when a defendant is found guilty of or 
pleads guilty to an offense under subsection (e), no 
presentence report shall be prepared. In the sentencing 
hearing, information may be presented as to matters relating to 
any of the aggravating or mitigating factors set forth in 
subsections (m) and (n), or any other mitigating factor or any 
other aggravating factor for which notice has been provided 
under subsection (h)(1)(B). Where information is presented 
relating to any of the aggravating factors set forth in 
subsection (n), information may be presented relating to any 
other aggravating factor for which notice has been provided 
under subsection (h)(1)(B). Information presented may include 
the trial transcript and exhibits if the hearing is held before 
a jury or judge not present during the trial, or at the trial 
judge's discretion. Any other information relevant to such 
mitigating or aggravating factors may be presented by either 
the Government or the defendant, regardless of its 
admissibility under the rules governing admission of evidence 
at criminal trials, except that information may be excluded if 
its probative value is substantially outweighed by the danger 
of unfair prejudice, confusion of the issues, or misleading the 
jury. The Government and the defendant shall be permitted to 
rebut any information received at the hearing and shall be 
given fair opportunity to present argument as to the adequacy 
of the information to establish the existence of any of the 
aggravating or mitigating factors and as to appropriateness in 
that case of imposing a sentence of death. The Government shall 
open the argument. The defendant shall be permitted to reply. 
The Government shall then be permitted to reply in rebuttal. 
The burden of establishing the existence of any aggravating 
factor is on the Government, and is not satisfied unless 
established beyond a reasonable doubt. The burden of 
establishing the existence of any mitigating factor is on the 
defendant, and is not satisfied unless established by a 
preponderance of the evidence.

                          [Return of Findings

  [(k) The jury, or if there is no jury, the court, shall 
consider all the information received during the hearing. It 
shall return special findings identifying any aggravating 
factors set forth in subsection (n), found to exist. If one of 
the aggravating factors set forth in subsection (n)(1) and 
another of the aggravating factors set forth in paragraphs (2) 
through (12) of subsection (n) is found to exist, a special 
finding identifying any other aggravating factor for which 
notice has been provided under subsection (h)(1)(B), may be 
returned. A finding with respect to a mitigating factor may be 
made by one or more of the members of the jury, and any member 
of the jury who finds the existence of a mitigating factor may 
consider such a factor established for purposes of this 
subsection, regardless of the number of jurors who concur that 
the factor has been established. A finding with respect to any 
aggravating factor must be unanimous. If an aggravating factor 
set forth in subsection (n)(1) is not found to exist or an 
aggravating factor set forth in subsection (n)(1) is found to 
exist but no other aggravating factor set forth in subsection 
(n) is found to exist, the court shall impose a sentence, other 
than death, authorized by law. If an aggravating factor set 
forth in subsection (n)(1) and one or more of the other 
aggravating factors set forth in subsection (n) are found to 
exist, the jury, or if there is no jury, the court, shall then 
consider whether the aggravating factors found to exist 
sufficiently outweigh any mitigating factor or factors found to 
exist, or in the absence of mitigating factors, whether 
aggravating factors are themselves sufficient to justify a 
sentence of death. Based upon this consideration, the jury by 
unanimous vote, or if there is no jury, the court, shall 
recommend that a sentence of death shall be imposed rather than 
a sentence of life imprisonment without possibility of release 
or some other lesser sentence. The jury or the court, 
regardless of its findings with respect to aggravating and 
mitigating factors, is never required to impose a death 
sentence and the jury shall be so instructed.

                        [Imposition of Sentence

  [(l) Upon the recommendation that the sentence of death be 
imposed, the court shall sentence the defendant to death. 
Otherwise the court shall impose a sentence, other than death, 
authorized by law. A sentence of death shall not be carried out 
upon a person who is under 18 years of age at the time the 
crime was committed. A sentence of death shall not be carried 
out upon a person who is mentally retarded. A sentence of death 
shall not be carried out upon a person who, as a result of 
mental disability--
          [(1) cannot understand the nature of the pending 
        proceedings, what such person was tried for, the reason 
        for the punishment, or the nature of the punishment; or
          [(2) lacks the capacity to recognize or understand 
        facts which would make the punishment unjust or 
        unlawful, or lacks the ability to convey such 
        information to counsel or to the court.

                          [Mitigating Factors

  [(m) In determining whether a sentence of death is to be 
imposed on a defendant, the finder of fact shall consider 
mitigating factors, including the following:
          [(1) The defendant's capacity to appreciate the 
        wrongfulness of the defendant's conduct or to conform 
        conduct to the requirements of law was significantly 
        impaired, regardless of whether the capacity was so 
        impaired as to constitute a defense to the charge.
          [(2) The defendant was under unusual and substantial 
        duress, regardless of whether the duress was of such a 
        degree as to constitute a defense to the charge.
          [(3) The defendant is punishable as a principal (as 
        defined in section 2 of title 18 of the United States 
        Code) in the offense, which was committed by another, 
        but the defendant's participation was relatively minor, 
        regardless of whether the participation was so minor as 
        to constitute a defense to the charge.
          [(4) The defendant could not reasonably have foreseen 
        that the defendant's conduct in the course of the 
        commission of murder, or other offense resulting in 
        death for which the defendant was convicted, would 
        cause, or would create a grave risk of causing, death 
        to any person.
          [(5) The defendant was youthful, although not under 
        the age of 18.
          [(6) The defendant did not have a significant prior 
        criminal record.
          [(7) The defendant committed the offense under severe 
        mental or emotional disturbance.
          [(8) Another defendant or defendants, equally 
        culpable in the crime, will not be punished by death.
          [(9) The victim consented to the criminal conduct 
        that resulted in the victim's death.
          [(10) That other factors in the defendant's 
        background or character mitigate against imposition of 
        the death sentence.

                   [Aggravating Factors for Homicide

  [(n) If the defendant is found guilty of or pleads guilty to 
an offense under subsection (e), the following aggravating 
factors are the only aggravating factors that shall be 
considered, unless notice of additional aggravating factors is 
provided under subsection (h)(1)(B):
          [(1) The defendant--
                  [(A) intentionally killed the victim;
                  [(B) intentionally inflicted serious bodily 
                injury which resulted in the death of the 
                victim;
                  [(C) intentionally engaged in conduct 
                intending that the victim be killed or that 
                lethal force be employed against the victim, 
                which resulted in the death of the victim;
                  [(D) intentionally engaged in conduct which--
                          [(i) the defendant knew would create 
                        a grave risk of death to a person, 
                        other than one of the participants in 
                        the offense; and
                          [(ii) resulted in the death of the 
                        victim.
          [(2) The defendant has been convicted of another 
        Federal offense, or a State offense resulting in the 
        death of a person, for which a sentence of life 
        imprisonment or a sentence of death was authorized by 
        statute.
          [(3) The defendant has previously been convicted of 
        two or more State or Federal offenses punishable by a 
        term of imprisonment of more than one year, committed 
        on a different occasions, involving the infliction of, 
        or attempted infliction of, serious bodily injury upon 
        another person.
          [(4) The defendant has previously been convicted of 
        two or more State or Federal offenses punishable by a 
        term of imprisonment of more than one year, committed 
        on different occasions, involving the distribution of a 
        controlled substance.
          [(5) In the commission of the offense or in escaping 
        apprehension for a violation of subsection (e), the 
        defendant knowingly created a grave risk of death to 
        one or more persons in addition to the victims of the 
        offense.
          [(6) The defendant procured the commission of the 
        offense by payment, or promise of payment, of anything 
        of pecuniary value.
          [(7) The defendant committed the offense as 
        consideration for the receipt, or in the expectation of 
        the receipt, of anything of pecuniary value.
          [(8) The defendant committed the offense after 
        substantial planning and premeditation.
          [(9) The victim was particularly vulnerable due to 
        old age, youth, or infirmity.
          [(10) The defendant had previously been convicted of 
        violating this title or title III for which a sentence 
        of five or more years may be imposed or had previously 
        been convicted of engaging in a continuing criminal 
        enterprise.
          [(11) The violation of this title in relation to 
        which the conduct described in subsection (e) occurred 
        was a violation of section 418.
          [(12) The defendant committed the offense in an 
        especially heinous, cruel, or depraved manner in that 
        it involved torture or serious physical abuse to the 
        victim.

       [Right of the Defendant to Justice Without Discrimination

  [(o)(1) In any hearing held before a jury under this section, 
the court shall instruct the jury that in its consideration of 
whether the sentence of death is justified it shall not 
consider the race, color, religious beliefs, national origin, 
or sex of the defendant or the victim, and that the jury is not 
to recommend a sentence of death unless it has concluded that 
it would recommend a sentence of death for the crime in 
question no matter what the race, color, religious beliefs, 
national origin, or sex of the defendant, or the victim, may 
be. The jury shall return to the court a certificate signed by 
each juror that consideration of the race, color, religious 
beliefs, national origin, or sex of the defendant or the victim 
was not involved in reaching his or her individual decision, 
and that the individual juror would have made the same 
recommendation regarding a sentence for the crime in question 
no matter what the race, color, religious beliefs, national 
origin, or sex of the defendant, or the victim, may be.
  [(2) Not later than one year from the date of enactment of 
the Anti-Drug Abuse Amendments Act of 1988, the Comptroller 
General shall conduct a study of the various procedures used by 
the several States for determining whether or not to impose the 
death penalty in particular cases, and shall report to the 
Congress on whether or not any or all of the various procedures 
create a significant risk that the race of a defendant, or the 
race of a victim against whom a crime was committed, influence 
the likelihood that defendants in those States will be 
sentenced to death. In conducting the study required by this 
paragraph, the General Accounting Office shall--
          [(A) use ordinary methods of statistical analysis, 
        including methods comparable to those ruled admissiable 
        by the courts in race discrimination cases under title 
        VII of the Civil Rights Act of 1964;
          [(B) study only crimes occurring after January 1, 
        1976; and
          [(C) determine what, if any, other factors, including 
        any relation between any aggravating or mitigating 
        factors and the race of the victim or the defendant, 
        may account for any evidence that the race of the 
        defendant, or the race of the victim, influences the 
        likelihood that defendants will be sentenced to death. 
        In addition, the General Accounting Office shall 
        examine separately and include in the report, death 
        penalty cases involving crimes similar to those covered 
        under this section.

 [Sentencing in Capital Cases in Which Death Penalty is not Sought or 
                                Imposed

  [(p) If a person is convicted for an offense under subsection 
(e) and the court does not impose the penalty of death, the 
court may impose a sentence of life imprisonment without the 
possibility of parole.]

   Appeal in Capital Cases; Counsel for Financially Unable Defendants

  (q)[(1) In any case in which the sentence of death is imposed 
under this section, the sentence of death shall be subject to 
review by the court of appeals upon appeal by the defendant. 
Notice of appeal must be filed within the time prescribed for 
appeal of judgment in section 2107 of title 28, United States 
Code. An appeal under this section may be consolidated with an 
appeal of the judgment of conviction. Such review shall have 
priority over all other cases.
  [(2) On review of the sentence, the court of appeals shall 
consider the record, the evidence submitted during the trial, 
the information submitted during the sentencing hearing, the 
procedures employed in the sentencing hearing, and the special 
findings returned under this section.
  [(3) The court shall affirm the sentence if it determines 
that--
          [(A) the sentence of death was not imposed under the 
        influence of passion, prejudice, or any other arbitrary 
        factor; and
          [(B) the information supports the special finding of 
        the existence of every aggravating factor upon which 
        the sentence was based, together with, or the failure 
        to find, any mitigating factors as set forth or allowed 
        in this section.
[In all other cases the court shall remand the case for 
reconsideration under this section. The court of appeals shall 
state in writing the reasons for its disposition of the review 
of the sentence.]
  (4)(A) Notwithstanding any other provision of law to the 
contrary, in every criminal action in which a defendant is 
charged with a crime which may be punishable by death, a 
defendant who is or becomes financially unable to obtain 
adequate representation or investigative, expert, or other 
reasonably necessary services at any time either--
          (i) before judgment; or
          * * * * * * *

  [Refusal to Participate by State and Federal Correctional Employees

  [(r) No employee of any State department of corrections or 
the Federal Bureau of Prisons and no employee providing 
services to that department or bureau under contract shall be 
required, as a condition of that employment, or contractual 
obligation to be in attendance at or to participate in any 
execution carried out under this section if such participation 
is contrary to the moral or religious convictions of the 
employee. For purposes of this subsection, the term 
``participation in executions'' includes personal preparation 
of the condemned individual and the apparatus used for 
execution and supervision of the activities of other personnel 
in carrying out such activities.]
          * * * * * * *
                              ----------                              


                        ACT OF NOVEMBER 30, 1993

    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.

          * * * * * * *

                     TITLE I--BRADY HANDGUN CONTROL

SEC. 101. SHORT TITLE.

  This title may be cited as the ``Brady Handgun Violence 
Prevention Act''.
          * * * * * * *

SEC. 103. NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM.

  (a) * * *
          * * * * * * *
  (e) Administrative Provisions.--
          (1) Authority to obtain official information.--
        Notwithstanding any other law, the Attorney General may 
        secure directly from any department or agency of the 
        United States such information on persons for whom 
        receipt of a firearm would violate subsection (g) or 
        (n) of section 922 of title 18, United States Code, or 
        State law, as is necessary to enable the system to 
        operate in accordance with this section. On request of 
        the Attorney General, the head of such department or 
        agency shall furnish such information to the system.
          * * * * * * *
  (g) Correction of Erroneous System Information.--If the 
system established under this section informs an individual 
contacting the system that receipt of a firearm by a 
prospective transferee would violate subsection (g) or (n) of 
section 922 of title 18, United States Code, or State law, the 
prospective transferee may request the Attorney General to 
provide the prospective transferee with the reasons therefor. 
Upon receipt of such a request, the Attorney General shall 
immediately comply with the request. The prospective transferee 
may submit to the Attorney General information to correct, 
clarify, or supplement records of the system with respect to 
the prospective transferee. After receipt of such information, 
the Attorney General shall immediately consider the 
information, investigate the matter further, and correct all 
erroneous Federal records relating to the prospective 
transferee and give notice of the error to any Federal 
department or agency or any State that was the source of such 
erroneous records.
          * * * * * * *
  (i) Prohibition Relating To Establishment of Registration 
Systems With Respect to Firearms.--No department, agency, 
officer, or employee of the United States may--
          (1) * * *
          (2) use the system established under this section to 
        establish any system for the registration of firearms, 
        firearm owners, or firearm transactions or 
        dispositions, except with respect to persons, 
        prohibited by section 922 (g) or (n) of title 18, 
        United States Code, or State law, from receiving a 
        firearm.
          * * * * * * *

     TITLE II--MULTIPLE FIREARM PURCHASES TO STATE AND LOCAL POLICE

SEC. 201. REPORTING REQUIREMENT.

  Section 923(g)(3) of title 18, United States Code, is 
amended--
          (1) in the second sentence by inserting after 
        ``[thereon,] thereon'' the following: ``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,'';
          * * * * * * *
                              ----------                              


              SECTION 540A OF TITLE 28, UNITED STATES CODE

Sec. 540A. Investigation of violent crimes against travelers

  (a) * * *
          * * * * * * *
  (c) Definitions.--In this section--
          (1) ``felony crime of violence'' means an offense 
        punishable by more than one year in prison that has as 
        an element the use, attempted use, or threatened use of 
        physical force against the person of another.
          (2) ``State'' means a State, the District of 
        Columbia, and any commonwealth, territory, or 
        possession of the United States.
          (3) ``traveler'' means a victim of a crime of 
        violence who is not a resident of the State in which 
        the crime of violence occurred.
                              ----------                              


              SECTION 901 OF THE CIVIL RIGHTS ACT OF 1968

            prevention of intimidation in fair housing cases

    Sec. 901. Whoever, whether or not acting under color of 
law, by force or threat of force willfully injures, intimidates 
or interferes with or attempts to injure, intimidate or 
interfere with--
          (a) * * *
          * * * * * * *
shall be fined [under this title] under title 18, United States 
Code, or imprisoned not more than one year, or both; and if 
bodily injury results from the acts committed in violation of 
this section or if such acts include the use, attempted use, or 
threatened use of a dangerous weapon, explosives, or fire shall 
be fined [under this title] under title 18, United States Code, 
or imprisoned not more than ten years, or both; and if death 
results from the acts committed in violation of this section or 
if such acts include kidnapping or an attempt to kidnap, 
aggravated sexual abuse or an attempt to commit aggravated 
sexual abuse, or an attempt to kill, shall be fined [under this 
title] under title 18, United States Code, or imprisoned for 
any term of years or for life, or both.
                              ----------                              


 SECTION 223 OF THE JUVENILE JUSTICE AND DELINQUENCY PREVENTION ACT OF 
                                  1974

                              state plans

    Sec. 223. (a) In order to receive formula grants under this 
part, a State shall submit a plan for carrying out its purposes 
applicable to a 3-year period. Such plan shall be amended 
annually to include new programs and challenge activities 
subsequent to State participation in part E. The State shall 
submit annual performance reports to the Administrator which 
shall describe progress in implementing programs contained in 
the original plan, and shall describe the status of compliance 
with State plan requirements. In accordance with regulations 
which the Administrator shall prescribe, such plan shall--
          (1) * * *
          * * * * * * *
          (12)(A) provide within three years after submission 
        of the initial plan that juveniles who are charged with 
        or who have committed offenses that would not be 
        criminal if committed by an adult or offenses (other 
        than an offense that constitutes a violation of a valid 
        court order or a violation of section 922(x) of title 
        18, United States Code, or a similar State [law).] 
        law), or alien juveniles in custody, or such 
        nonoffenders as dependent or neglected children, shall 
        not be placed in secure detention facilities or secure 
        correctional facilities; and
          * * * * * * *
                              ----------                              


    SECTION 961 OF THE FINANCIAL INSTITUTIONS REFORM, RECOVERY, AND 
                        ENFORCEMENT ACT OF 1989

SEC. 961. INCREASED CRIMINAL PENALTIES FOR CERTAIN FINANCIAL 
                    INSTITUTION OFFENSES.

  (a) * * *
          * * * * * * *
  (h) Loan and Credit Applications Generally; Renewals and 
Discounts; Crop Insurance.--Section 1014 of title 18, United 
States Code, is amended--
          (1) by striking ``a Federal Home Loan Bank, the 
        Federal Home Loan Bank Board, the Home Owners' Loan 
        Corporation, a Federal [Saving and Loan] Savings and 
        Loan Association'';
          * * * * * * *