[House Report 107-126]
[From the U.S. Government Publishing Office]
107th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 107-126
======================================================================
CRIMINAL LAW TECHNICAL AMENDMENTS ACT OF 2001
_______
July 10, 2001.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Sensenbrenner, from the Committee on the Judiciary, submitted the
following
R E P O R T
[To accompany H.R. 2137]
[Including cost estimate of the Congressional Budget Office]
The Committee on the Judiciary, to whom was referred the
bill (H.R. 2137) to make clerical and other technical
amendments to title 18, United States Code, and other laws
relating to crime and criminal procedure, having considered the
same, reports favorably thereon without amendment and
recommends that the bill do pass.
CONTENTS
Page
Purpose and Summary.............................................. 1
Background and Need for the Legislation.......................... 2
Hearings......................................................... 2
Committee Consideration.......................................... 2
Vote of the Committee............................................ 2
Committee Oversight Findings..................................... 2
Performance Goals and Objectives................................. 2
New Budget Authority and Tax Expenditures........................ 2
Congressional Budget Office Cost Estimate........................ 2
Constitutional Authority Statement............................... 3
Section-by-Section Analysis and Discussion....................... 3
Changes in Existing Law Made by the Bill, as Reported............ 4
Markup Transcript................................................ 36
Purpose and Summary
H.R. 2137, introduced by Chairman F. James Sensenbrenner,
Jr., makes over 60 clerical and technical corrections to title
18, United States Code, and other criminal laws. This
bipartisan legislation resulted from extensive consultation
between the majority and minority and the Office of Legislative
Counsel and the Office of Law Revision Counsel. This
legislation is cosponsored by Representative John Conyers, Jr.,
Ranking Minority Member, Committee on the Judiciary;
Representative Lamar Smith, Chairman, Subcommittee on Crime;
and Representative Robert C. Scott, Ranking Minority Member,
Subcommittee on Crime.
Background and Need for the Legislation
The last half of the 20th century saw an explosion of
Federal criminal statutes. According to a study conducted by
the Task Force on Federalization of Criminal Law of the
Criminal Law Section of the American Bar Association, ``[m]ore
than 40% of the Federal criminal provisions enacted since the
Civil War have been enacted since 1970.'' This explosion of
lawmaking has resulted in numerous technical mistakes which
litter the criminal code. This legislation corrects those
mistakes. H.R. 2137 will make it easier to utilize the various
criminal statutes that are improved by these amendments.
Hearings
Because of the noncontroversial nature of this legislation,
the Committee did not hold any hearings on H.R. 2137.
Committee Consideration
On June 26, 2001, the Committee met in open session and
ordered favorably reported the bill H.R. 2137, by voice vote, a
quorum being present.
Votes of the Committee
The Committee took no rollcall votes on H.R. 2137.
Committee Oversight Findings
In compliance with clause 3(c)(1) of rule XIII 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.
Performance Goals and Objectives
H.R. 2137 does not authorize funding. Therefore, clause
3(c) of rule XIII of the Rules of the House of Representatives
is inapplicable.
New Budget Authority and Tax Expenditures
Clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives is inapplicable because this legislation does
not provide new budgetary authority or increased tax
expenditures.
Congressional Budget Office Cost Estimate
In compliance with clause 3(c)(3) of rule XIII of the Rules
of the House of Representatives, the Committee sets forth, with
respect to the bill, H.R. 2137, the following estimate and
comparison prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act of
1974:
U.S. Congress,
Congressional Budget Office,
Washington, DC, July 3, 2001.
Hon. F. James Sensenbrenner, Jr., Chairman,
Committee on the Judiciary,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 2137, the Criminal
Law Technical Amendments Act of 2001.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contacts are Lanette J.
Walker and Melissa Zimmerman, who can be reached at 226-2860.
Sincerely,
Dan L. Crippen, Director.
Enclosure
cc:
Honorable John Conyers Jr.
Ranking Member
H.R. 2137--Criminal Law Technical Amendments Act of 2001
H.R. 2137 would make several technical amendments to
numerous sections of title 18 of the United States Code, and to
other Federal criminal laws including spelling corrections,
punctuation changes, syntax revisions, and removing duplicate
and erroneous references. CBO estimates that implementing H.R.
2137 would have no impact on the Federal budget because all of
the bill's provisions are technical in nature.
The bill would not affect direct spending or receipts;
therefore, pay-as-you-go procedures would not apply. H.R. 2137
contains no intergovernmental or private-sector mandates as
defined in the Unfunded Mandates Reform Act and would impose no
costs on state, local, or tribal governments.
The CBO staff contacts for this estimate are Lanette J.
Walker and Melissa Zimmerman, who can be reached at 226-2860.
This estimate was approved by Peter H. Fontaine, Deputy
Assistant Director for Budget Analysis.
Constitutional Authority Statement
Pursuant to clause 3(d)(1) of rule XIII of the Rules of the
House of Representatives, the Committee finds the authority for
this legislation in article I, section 8, of the Constitution.
Section-by-Section Analysis and Discussion
Section 1. Short Title.
This section provides that the short title of the act shall
be the ``Criminal Law Technical Amendments Act of 2001.''
Section 2. Technical Amendments Relating to Criminal Law and Procedure.
This section makes over 60 separate technical changes to
various criminal statutes by correcting missing and incorrect
words, margins, punctuation, redundancies, outmoded fine
amounts, cross references, and other technical and clerical
errors.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, existing law in which no change
is proposed is shown in roman):
TITLE 18, UNITED STATES CODE
* * * * * * *
PART I--CRIMES
Chap. Sec.
1. General provisions............................... 1
* * * * * * *
123. Prohibition on release and use of certain
personal information from State motor vehicle
[2271] 2721...........................................
* * * * * * *
CHAPTER 7--ASSAULT
* * * * * * *
Sec. 115. Influencing, impeding, or retaliating against a Federal
official by threatening or injuring a family member
(a) * * *
* * * * * * *
(b)(1) * * *
(2) A kidnapping, attempted kidnapping, or conspiracy to
kidnap in violation of this section shall be punished as
provided in section 1201 of this title for the kidnapping [,
attempted kidnapping, or conspiracy to kidnap of a person] or
attempted kidnapping of, or a conspiracy to kidnap, a person
described in section 1201(a)(5) of this title.
* * * * * * *
CHAPTER 11--BRIBERY, GRAFT, AND CONFLICTS OF INTEREST
* * * * * * *
Sec. 205. Activities of officers and employees in claims against and
other matters affecting the Government
(a) * * *
* * * * * * *
(d)(1) Nothing in subsection (a) or (b) prevents an officer
or employee, if not inconsistent with the faithful performance
of that officer's or employee's duties, from acting without
compensation as agent or attorney for, or otherwise
representing--
(A) any person who is the subject of disciplinary,
loyalty, or other personnel administration proceedings
in connection with those proceedings; or
(B) except as provided in paragraph (2), any
cooperative, voluntary, professional, recreational, or
similar organization or group not established or
operated for profit, if a majority of the
organization's or [groups's] group's members are
current officers or employees of the United States or
of the District of Columbia, or their spouses or
dependent children.
* * * * * * *
CHAPTER 19--CONSPIRACY
* * * * * * *
Sec. 372. Conspiracy to impede or injure officer
If two or more persons in any State, Territory, Possession,
or District conspire to prevent, by force, intimidation, or
threat, any person from accepting or holding any office, trust,
or place of confidence under the United States, or from
discharging any duties thereof, or to induce by like means any
officer of the United States to leave the place, where his
duties as an officer are required to be performed, or to injure
him in his person or property on account of his lawful
discharge of the duties of his office, or while engaged in the
lawful discharge thereof, or to injure his property so as to
molest, interrupt, hinder, or impede him in the discharge of
his official duties, each of such persons shall be fined [not
more than $5,000] under this title or imprisoned not more than
six years, or both.
* * * * * * *
CHAPTER 25--COUNTERFEITING AND FORGERY
* * * * * * *
Sec. 492. Forfeiture of counterfeit paraphernalia
All counterfeits of any coins or obligations or other
securities of the United States or of any foreign government,
or any articles, devices, and other things made, possessed, or
used in violation of this chapter or of sections 331-333, 335,
336, 642 or 1720, of this title, or any material or apparatus
used or fitted or intended to be used, in the making of such
counterfeits, articles, devices or things, found in the
possession of any person without authority from the Secretary
of the Treasury or other proper officer, shall be forfeited to
the United States.
Whoever, having the custody or control of any such
counterfeits, material, apparatus, articles, devices, or other
things, fails or refuses to surrender possession thereof upon
request by any authorized agent of the Treasury Department, or
other proper officer, shall be fined [not more than $100] under
this title or imprisoned not more than one year, or both.
Whenever, except as hereinafter in this section provided,
any person interested in any article, device, or other thing,
or material or apparatus seized under this section files with
the Secretary of the Treasury, before the disposition thereof,
a petition for the remission or mitigation of such forfeiture,
the Secretary of the Treasury, if he finds that such forfeiture
was incurred without willful negligence or without any
intention on the part of the petitioner to violate the law, or
finds the existence of such mitigating circumstances as to
justify the remission or the mitigation of such forfeiture, may
remit or mitigate the same upon such terms and conditions as he
deems reasonable and just.
If the seizure involves offenses other than offenses
against the coinage, currency, obligations or securities of the
United States or any foreign government, the petition for the
remission or mitigation of forfeiture shall be referred to the
Attorney General, who may remit or mitigate the forfeiture upon
such terms as he deems reasonable and just.
* * * * * * *
Sec. 510. Forging endorsements on Treasury checks or bonds or
securities of the United States
(a) * * *
* * * * * * *
(c) If the face value of the Treasury check or bond or
security of the United States or the aggregate face value, if
more than one Treasury check or bond or security of the United
States, does not exceed $500, in any of the above-mentioned
offenses, the penalty shall be a fine [of] under this title or
imprisonment for not more than one year, or both.
* * * * * * *
CHAPTER 26--CRIMINAL STREET GANGS
* * * * * * *
Sec. 521. Criminal street gangs
(a) Definitions.--
``conviction'' includes a finding, under State or
Federal law, that a person has committed an act of
juvenile delinquency involving a violent or controlled
substances felony.
* * * * * * *
``State'' means a State of the United States, the
District of Columbia, and any commonwealth, territory,
or possession of the United States.
* * * * * * *
CHAPTER 31--EMBEZZLEMENT AND THEFT
* * * * * * *
Sec. 665. Theft or embezzlement from employment and training funds;
improper inducement; obstruction of investigations
(a) * * *
* * * * * * *
(c) Whoever willfully obstructs or impedes or willfully
endeavors to obstruct or impede, an investigation or inquiry
under the Job Training Partnership Act or title I of the
Workforce Investment Act of 1998, or the regulations
thereunder, shall be punished by [a fine of not more than
$5,000] a fine under this title, or by imprisonment for not
more than 1 year, or by both such fine and imprisonment.
* * * * * * *
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
* * * * * * *
[A person who] Whoever, except with the written permission
of the Administrator of the Drug Enforcement Administration,
knowingly uses the words ``Drug Enforcement Administration'' or
the initials ``DEA'' or any colorable imitation of such words
or initials, in connection with any advertisement, circular,
book, pamphlet, software or other publication, play, motion
picture, broadcast, telecast, or other production, in a manner
reasonably calculated to convey the impression that such
advertisement, circular, book, pamphlet, software or other
publication, play, motion picture, broadcast, telecast, or
other production is approved, endorsed, or authorized by the
Drug Enforcement Administration; or
* * * * * * *
CHAPTER 35--ESCAPE AND RESCUE
* * * * * * *
Sec. 752. Instigating or assisting escape
(a) Whoever rescues or attempts to rescue or instigates,
aids or assists the escape, or attempt to escape, of any person
arrested upon a warrant or other process issued under any law
of the United States, or committed to the custody of the
Attorney General or to any institution or facility by his
direction, shall, if the custody or confinement is by virtue of
an arrest on a charge of felony, or conviction of any offense,
be fined [not more than $5,000] under this title or imprisoned
not more than five years, or both; or, if the custody or
confinement is for extradition, or for exclusion or expulsion
proceedings under the immigration laws, or by virtue of an
arrest or charge of or for a misdemeanor, and prior to
conviction, be fined under this title or imprisoned not more
than one year, or both.
* * * * * * *
CHAPTER 44--FIREARMS
* * * * * * *
Sec. 924. Penalties
(a) * * *
* * * * * * *
(e)(1) In the case of a person who violates section 922(g)
of this title and has three previous convictions by any court
referred to in section 922(g)(1) of this title for a violent
felony or a serious drug offense, or both, committed on
occasions different from one another, such person shall be
fined [not more than $25,000] under this title and imprisoned
not less than fifteen years, and, notwithstanding any other
provision of law, the court shall not suspend the sentence of,
or grant a probationary sentence to, such person with respect
to the conviction under section 922(g).
* * * * * * *
Sec. 929. Use of restricted ammunition
(a) * * *
* * * * * * *
(b) Notwithstanding any other provision of law, the court
shall not suspend the sentence of any person convicted of a
violation of this section, nor place the person on probation,
nor shall the terms of imprisonment run concurrently with any
other terms of imprisonment, including that imposed for the
crime in which the armor piercing ammunition was used or
possessed. [No person sentenced under this section shall be
eligible for parole during the term of imprisonment imposed
herein.]
* * * * * * *
CHAPTER 46--FORFEITURE
* * * * * * *
Sec. 981. Civil forfeiture
(a) * * *
* * * * * * *
(d) For purposes of this section, the provisions of the
customs laws relating to the seizure, summary and judicial
forfeiture, condemnation of property for violation of the
customs laws, the disposition of such property or the [proceeds
from the sale of this section] proceeds from the sale of such
property under this section, the remission or mitigation of
such forfeitures, and the compromise of claims (19 U.S.C. 1602
et seq.), insofar as they are applicable and not inconsistent
with the provisions of this section, shall apply to seizures
and forfeitures incurred, or alleged to have been incurred,
under this section, except that such duties as are imposed upon
the customs officer or any other person with respect to the
seizure and forfeiture of property under the customs laws shall
be performed with respect to seizures and forfeitures of
property under this section by such officers, agents, or other
persons as may be authorized or designated for that purpose by
the Attorney General, the Secretary of the Treasury, or the
Postal Service, as the case may be. The Attorney General shall
have sole responsibility for disposing of petitions for
remission or mitigation with respect to property involved in a
judicial forfeiture proceeding.
* * * * * * *
Sec. 982. Criminal forfeiture
(a)(1) * * *
* * * * * * *
(8) The [Court] court, in sentencing a defendant convicted
of an offense under section 1028, 1029, 1341, 1342, 1343, or
1344, or of a conspiracy to commit such an offense, if the
offense involves telemarketing (as that term is defined in
section 2325), shall order that the defendant forfeit to the
United States any real or personal property--
(A) * * *
* * * * * * *
CHAPTER 47--FRAUD AND FALSE STATEMENTS
* * * * * * *
Sec. 1029. Fraud and related activity in connection with access devices
(a) * * *
* * * * * * *
(c) Penalties.--
(1) Generally.--The punishment for an offense under
subsection (a) of this section is--
(A) in the case of an offense that does not
occur after a conviction for another offense
under this section--
(i) if the offense is under
paragraph (1), (2), (3), (6), (7), or
(10) of subsection (a), a fine under
this title or imprisonment for not more
than 10 years, or both; and
(ii) if the offense is under
paragraph (4), (5), (8), or (9)[,] of
subsection (a), a fine under this title
or imprisonment for not more than 15
years, or both;
* * * * * * *
(e) As used in this section--
(1) * * *
* * * * * * *
(8) the term ``scanning receiver'' means a device
or apparatus that can be used to intercept a wire or
electronic communication in violation of chapter 119 or
to intercept an electronic serial number, mobile
identification number, or other identifier of any
telecommunications service, equipment, or instrument;
* * * * * * *
Sec. 1030. Fraud and related activity in connection with computers
(a) * * *
* * * * * * *
(c) The punishment for an offense under subsection (a) or
(b) of this section is--
(1) * * *
* * * * * * *
(2)(A) a fine under this title or imprisonment for
not more than one year, or both, in the case of an
offense under subsection (a)(2), (a)(3), (a)(5)(C), or
(a)(6) of this section which does not occur after a
conviction for another offense under this section, or
an attempt to commit an offense punishable under this
subparagraph; [and]
(B) a fine under this title or imprisonment for not
more than 5 years, or both, in the case of an offense
under subsection (a)(2), if--
(i) the offense was committed for purposes
of commercial advantage or private financial
gain;
(ii) the offense was committed in
furtherance of any criminal or tortious act in
violation of the
Constitution or laws of the United States or of
any State; or
(iii) the value of the information obtained
exceeds $5,000; and
(C) a fine under this title or imprisonment for not
more than ten years, or both, in the case of an offense
under subsection (a)(2), (a)(3) or (a)(6) of this
section which occurs after a conviction for another
offense under such subsection, or an attempt to commit
an offense punishable under this subparagraph; and
(3)(A) * * *
(B) a fine under this title or imprisonment for not
more than ten years, or both, in the case of an offense
under subsection (a)(4), (a)(5)(A), (a)(5)(B),
(a)(5)(C), or (a)(7) of this section which occurs after
a conviction for another offense under this section, or
an attempt to commit an offense punishable under this
subparagraph[; and].
* * * * * * *
(e) As used in this section--
(1) * * *
* * * * * * *
(4) the term ``financial institution'' means--
(A) * * *
* * * * * * *
(I) an organization operating under section
25 or section 25(a) of the Federal Reserve
Act[.];
* * * * * * *
(7) the term ``department of the United States''
means the legislative or judicial branch of the
Government or one of the executive departments
enumerated in section 101 of title 5; [and]
* * * * * * *
Sec. 1032. Concealment of assets from conservator, receiver, or
liquidating agent of financial institution
Whoever--
(1) knowingly conceals or endeavors to conceal an
asset or property from the Federal Deposit Insurance
Corporation, acting as conservator or receiver or in
the Corporation's corporate capacity with respect to
any asset acquired or liability assumed by the
Corporation under section 11, 12, or 13[,] of the
Federal Deposit Insurance Act, the Resolution Trust
Corporation, any conservator appointed by the
Comptroller of the Currency or the Director of the
Office of Thrift Supervision, or the National Credit
Union Administration Board, acting as conservator or
liquidating agent;
* * * * * * *
CHAPTER 50A--GENOCIDE
* * * * * * *
Sec. 1091. Genocide
(a) * * *
* * * * * * *
(b) Punishment for Basic Offense.--The punishment for an
offense under subsection (a) is--
(1) in the case of an offense under subsection
(a)(1)[,] a fine of not more than $1,000,000 and
imprisonment for life; and
* * * * * * *
CHAPTER 63--MAIL FRAUD
* * * * * * *
Sec. 1345. Injunctions against fraud
(a)(1) If a person is--
(A) violating or about to violate this chapter or
section 287, 371 (insofar as such violation involves a
conspiracy to defraud the United States or any agency
thereof), or 1001 of this title;
(B) committing or about to commit a banking law
violation (as defined in section 3322(d) of this
title)[,]; or
(C) committing or about to commit a Federal health
care offense[.];
the Attorney General may commence a civil action in any Federal
court to enjoin such violation.
* * * * * * *
CHAPTER 69--NATIONALITY AND CITIZENSHIP
* * * * * * *
Sec. 1425. Procurement of citizenship or naturalization unlawfully
(a) Whoever knowingly procures or attempts to procure,
contrary to law, the naturalization of any person, or
documentary or other evidence of naturalization or of
citizenship; or
(b) Whoever, whether for himself or another person not
entitled thereto, knowingly issues, procures or obtains or
applies for or otherwise attempts to procure or obtain
naturalization, or citizenship, or a declaration of intention
to become a citizen, or a certificate of arrival or any
certificate or evidence of nationalization or citizenship,
documentary or otherwise, or duplicates or copies of any of the
foregoing--
Shall be fined under this title or imprisoned not more than
25 years (if the offense was committed to facilitate an act of
international terrorism (as defined in section 2331 of this
title)), 20 years (if the offense was committed to facilitate a
drug trafficking crime (as defined in section 929(a) of this
title)), 10 years (in the case of the first or second such
offense, if the offense was not committed [to facility] to
facilitate such an act of international terrorism or a drug
trafficking crime), or 15 years (in the case of any other
offense), or both.
Sec. 1426. Reproduction of naturalization or citizenship papers
(a) * * *
* * * * * * *
(h) Whoever, without lawful authority, prints, photographs,
makes or executes any print or impression in the likeness of a
certificate of arrival, declaration of intention to become a
citizen, or certificate of naturalization or citizenship, or
any part thereof--
Shall be fined under this title or imprisoned not more than
25 years (if the offense was committed to facilitate an act of
international terrorism (as defined in section 2331 of this
title)), 20 years (if the offense was committed to facilitate a
drug trafficking crime (as defined in section 929(a) of this
title)), 10 years (in the case of the first or second such
offense, if the offense was not committed [to facility] to
facilitate such an act of international terrorism or a drug
trafficking crime), or 15 years (in the case of any other
offense), or both.
Sec. 1427. Sale of naturalization or citizenship papers
Whoever unlawfully sells or disposes of a declaration of
intention to become a citizen, certificate of naturalization,
certificate of citizenship or copies or duplicates or other
documentary evidence of naturalization or citizenship, shall be
fined under this title or imprisoned not more than 25 years (if
the offense was committed to facilitate an act of international
terrorism (as defined in section 2331 of this title)), 20 years
(if the offense was committed to facilitate a drug trafficking
crime (as defined in section 929(a) of this title)), 10 years
(in the case of the first or second such offense, if the
offense was not committed [to facility] to facilitate such an
act of international terrorism or a drug trafficking crime), or
15 years (in the case of any other offense) or both.
* * * * * * *
CHAPTER 73--OBSTRUCTION OF JUSTICE
* * * * * * *
Sec. 1513. Retaliating against a witness, victim, or an informant
(a) * * *
* * * * * * *
[(d) There is extraterritorial Federal jurisdiction over an
offense under this section.]
(c) If the retaliation occurred because of attendance at or
testimony in a criminal case, the maximum term of imprisonment
which may be imposed for the offense under this section shall
be the higher of that otherwise provided by law or the maximum
term that could have been imposed for any offense charged in
such case.
(d) There is extraterritorial Federal jurisdiction over an
offense under this section.
* * * * * * *
CHAPTER 75--PASSPORTS AND VISAS
* * * * * * *
Sec. 1541. Issuance without authority
Whoever, acting or claiming to act in any office or
capacity under the United States, or a State, without lawful
authority grants, issues, or verifies any passport or other
instrument in the nature of a passport to or for any person
whomsoever; or
Whoever, being a consular officer authorized to grant,
issue, or verify passports, knowingly and willfully grants,
issues, or verifies any such passport to or for any person not
owing allegiance, to the United States, whether a citizen or
not--
Shall be fined under this title, imprisoned not more than
25 years (if the offense was committed to facilitate an act of
international terrorism (as defined in section 2331 of this
title)), 20 years (if the offense was committed to facilitate a
drug trafficking crime (as defined in section 929(a) of this
title)), 10 years (in the case of the first or second such
offense, if the offense was not committed [to facility] to
facilitate such an act of international terrorism or a drug
trafficking crime), or 15 years (in the case of any other
offense), or both.
For purposes of this section, the term ``State'' means a
State of the United States, the District of Columbia, and any
commonwealth, territory, or possession of the United States.
Sec. 1542. False statement in application and use of passport
Whoever willfully and knowingly makes any false statement
in an application for passport with intent to induce or secure
the issuance of a passport under the authority of the United
States, either for his own use or the use of another, contrary
to the laws regulating the issuance of passports or the rules
prescribed pursuant to such laws; or
Whoever willfully and knowingly uses or attempts to use, or
furnishes to another for use any passport the issue of which
was secured in any way by reason of any false statement--
Shall be fined under this title, imprisoned not more than
25 years (if the offense was committed to facilitate an act of
international terrorism (as defined in section 2331 of this
title)), 20 years (if the offense was committed to facilitate a
drug trafficking crime (as defined in section 929(a) of this
title)), 10 years (in the case of the first or second such
offense, if the offense was not committed [to facility] to
facilitate such an act of international terrorism or a drug
trafficking crime), or 15 years (in the case of any other
offense), or both.
Sec. 1543. Forgery or false use of passport
Whoever falsely makes, forges, counterfeits, mutilates, or
alters any passport or instrument purporting to be a passport,
with intent that the same may be used; or
Whoever willfully and knowingly uses, or attempts to use,
or furnishes to another for use any such false, forged,
counterfeited, mutilated, or altered passport or instrument
purporting to be a passport, or any passport validly issued
which has become void by theoccurrence of any condition therein
prescribed invalidating the same--
Shall be fined under this title, imprisoned not more than
25 years (if the offense was committed to facilitate an act of
international terrorism (as defined in section 2331 of this
title)), 20 years (if the offense was committed to facilitate a
drug trafficking crime (as defined in section 929(a) of this
title)), 10 years (in the case of the first or second such
offense, if the offense was not committed [to facility] to
facilitate such an act of international terrorism or a drug
trafficking crime), or 15 years (in the case of any other
offense), or both.
Sec. 1544. Misuse of passport
Whoever willfully and knowingly uses, or attempts to use,
any passport issued or designed for the use of another; or
Whoever willfully and knowingly uses or attempts to use any
passport in violation of the conditions or restrictions therein
contained, or of the rules prescribed pursuant to the laws
regulating the issuance of passports; or
Whoever willfully and knowingly furnishes, disposes of, or
delivers a passport to any person, for use by another than the
person for whose use it was originally issued and designed--
Shall be fined under this title, imprisoned not more than
25 years (if the offense was committed to facilitate an act of
international terrorism (as defined in section 2331 of this
title)), 20 years (if the offense was committed to facilitate a
drug trafficking crime (as defined in section 929(a) of this
title)), 10 years (in the case of the first or second such
offense, if the offense was not committed [to facility] to
facilitate such an act of international terrorism or a drug
trafficking crime), or 15 years (in the case of any other
offense), or both.
* * * * * * *
Sec. 1546. Fraud and misuse of visas, permits, and other documents
(a) Whoever knowingly forges, counterfeits, alters, or
falsely makes any immigrant or nonimmigrant visa, permit,
border crossing card, alien registration receipt card, or other
document prescribed by statute or regulation for entry into or
as evidence of authorized stay or employment in the United
States, or utters, uses, attempts to use, possesses, obtains,
accepts, or receives any such visa, permit, border crossing
card, alien registration receipt card, or other document
prescribed by statute or regulation for entry into or as
evidence of authorized stay or employment in the United States,
knowing it to be forged, counterfeited, altered, or falsely
made, or to have been procured by means of any false claim or
statement, or to have been otherwise procured by fraud or
unlawfully obtained; or
Whoever, except under direction of the Attorney General or
the Commissioner of the Immigration and Naturalization Service,
or other proper officer, knowingly possesses any blank permit,
or engraves, sells, brings into the United States, or has in
his control or possession any plate in the likeness of a plate
designed for the printing of permits, or makes any print,
photograph, or impression in the likeness of any immigrant or
nonimmigrant visa, permit or other document required for entry
into the United States, or has in his possession a distinctive
paper which has been adopted by the Attorney General or the
Commissioner of the Immigration and Naturalization Service for
the printing of such visas, permits, or documents; or
Whoever, when applying for an immigrant or nonimmigrant
visa, permit, or other document required for entry into the
United States, or for admission to the United States personates
another, or falsely appears in the name of a deceased
individual, or evades or attempts to evade the immigration laws
by appearing under an assumed or fictitious name without
disclosing his true identity, or sells or otherwise disposes
of, or offers to sell or otherwise dispose of, or utters, such
visa, permit, or other document, to any person not authorized
by law to receive such document; or
Whoever knowingly makes under oath, or as permitted under
penalty of perjury under section 1746 of title 28, United
States Code, knowingly subscribes as true, any false statement
with respect to a material fact in any application, affidavit,
or other document required by the immigration laws or
regulations prescribed thereunder, or knowingly presents any
such application, affidavit, or other document which contains
any such false statement or which fails to contain any
reasonable basis in law or fact--
Shall be fined under this title or imprisoned not more than
25 years (if the offense was committed to facilitate an act of
international terrorism (as defined in section 2331 of this
title)), 20 years (if the offense was committed to facilitate a
drug trafficking crime (as defined in section 929(a) of this
title)), 10 years (in the case of the first or second such
offense, if the offense was not committed [to facility] to
facilitate such an act of international terrorism or a drug
trafficking crime), or 15 years (in the case of any other
offense), or both.
* * * * * * *
CHAPTER 83--POSTAL SERVICE
* * * * * * *
Sec. 1716. Injurious articles as nonmailable
(a) * * *
* * * * * * *
(j)(1) Whoever knowingly deposits for mailing or delivery,
or knowingly causes to be delivered by mail, according to the
direction thereon, or at any place at which it is directed to
be delivered by the person to whom it is addressed, anything
declared nonmailable by this section, unless in accordance with
the rules and regulations authorized to be prescribed by the
Postal Service, shall be fined under this title or imprisoned
not more than one year, or both.
(2) Whoever knowingly deposits for mailing or delivery, or
knowingly causes to be delivered by mail, according to the
direction thereon or at any place to which it is directed to be
delivered by the person to whom it is addressed, anything
declared nonmailable by this section, whether or not
transmitted in accordance with the rules and regulations
authorized to be prescribed by the Postal Service, with intent
to kill or injure another, or injure the mails or other
property, shall be fined [not more than $10,000] under this
title or imprisoned not more than twenty years, or both.
(3) Whoever is convicted of any crime prohibited by this
section, which has resulted in the death of any person, shall
be subject also to the death penalty or to imprisonment for
life.
[(j)] (k) For purposes of this section, the term ``State''
includes a State of the United States, the District of
Columbia, and any commonwealth, territory, or possession of the
United States.
* * * * * * *
CHAPTER 90--PROTECTION OF TRADE SECRETS
* * * * * * *
Sec.
1831. Economic espionage.
* * * * * * *
1837. [Conduct] Applicability to conduct outside the United States.
* * * * * * *
Sec. 1836. Civil proceedings to enjoin violations
(a) The Attorney General may, in a civil action, obtain
appropriate injunctive relief against any violation of [this
section] this chapter.
(b) The district courts of the United States shall have
exclusive original jurisdiction of civil actions under [this
subsection] this section.
* * * * * * *
CHAPTER 93--PUBLIC OFFICERS AND EMPLOYEES
* * * * * * *
Sec. 1920. False statement or fraud to obtain Federal [employee's]
employees' compensation
(a) * * *
* * * * * * *
Sec. 1924. Unauthorized removal and retention of classified documents
or material
(a) Whoever, being an officer, employee, contractor, or
consultant of the United States, and, by virtue of his office,
employment, position, or contract, becomes possessed of
documents or materials containing classified information of the
United States, knowingly removes such documents or materials
without authority and with the intent to retain such documents
or materials at an unauthorized location shall be fined [not
more than $1,000,] under this title or imprisoned for not more
than one 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) any act or activity constituting an
offense listed in section 1961(1) of this title
except an act which is indictable under
subchapter II of chapter 53 of title 31;
(B) with respect to a financial transaction
occurring in whole or in part in the United
States, an offense against a foreign nation
involving--
(i) the manufacture, importation,
sale, or distribution of a controlled
substance (as such term is defined for
the purposes of the Controlled
Substances Act);
(ii) murder, kidnapping, robbery,
extortion, or destruction of property
by means of explosive or fire;
(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);
(C) any act or acts constituting a
continuing criminal enterprise, as that term is
defined in section 408 of the Controlled
Substances Act (21 U.S.C. 848);
(D) an offense under section 32 (relating
to the destruction of aircraft), section 37
(relating to violence at international
airports), section 115 (relating to
influencing, impeding, or retaliating against a
Federal official by threatening or injuring a
family member), section 152 (relating to
concealment of assets; false oaths and claims;
bribery), section 215 (relating to commissions
or gifts for procuring loans), section 351
(relating to congressional or Cabinet officer
assassination), any of sections 500 through 503
(relating to certain counterfeiting offenses),
section 513 (relating to securities of States
and private entities), section 542 (relating to
entry of goods by means of false statements),
section 545 (relating to smuggling goods into
the United States), section 549 (relating to
removing goods from Customs custody), section
641 (relating to public money, property, or
records), section 656 (relating to theft,
embezzlement, or misapplication by bank officer
or employee), section 657 (relating to lending,
credit, and insurance institutions), section
658 (relating to property mortgaged or pledged
to farm credit agencies), section 666 (relating
to theft or bribery concerning programs
receiving Federal funds), section 793, 794, or
798 (relating to espionage), section 831
(relating to prohibited transactions involving
nuclear materials), section 844 (f) or (i)
(relating to destruction by explosives or fire
of Government property or property affecting
interstate or foreign commerce), section 875
(relating to interstate communications),
section 956 (relating to conspiracy to kill,
kidnap, maim, or injure certain property in a
foreign country), section 1005 (relating to
fraudulent bank entries), 1006 (relating to
fraudulent Federal credit institution entries),
1007 (relating to Federal Deposit Insurance
transactions), 1014 (relating to fraudulent
loan or credit applications), 1032 (relating to
concealment of assets from conservator,
receiver, or liquidating agent of financial
institution), section 1111 (relating to
murder), section 1114 (relating to murder of
United States law enforcement officials),
section 1116 (relating to murder of foreign
officials, official guests, or internationally
protected persons), section 1201 (relating to
kidnapping), section 1203 (relating to hostage
taking), section 1361 (relating to willful
injury of Government property), section 1363
(relating to destruction of property within the
special maritime and territorial jurisdiction),
section 1708 (theft from the mail), section
1751 (relating to Presidential assassination),
section 2113 or 2114 (relating to bank and
postal robbery and theft), section 2280
(relating to violence against maritime
navigation), section 2281 (relating to violence
against maritime fixed platforms), or section
2319 (relating to copyright infringement),
section 2320 (relating to trafficking in
counterfeit goods and services),[,] section
2332 (relating to terrorist acts abroad against
United States nationals), section 2332a
(relating to use of weapons of mass
destruction), section 2332b (relating to
international terrorist acts transcending
national boundaries), or section 2339A
(relating to providing material support to
terrorists) of this title, section 46502 of
title 49, United States Code,[,] a felony
violation of the Chemical Diversion and
Trafficking Act of 1988 (relating to precursor
and essential chemicals), section 590 of the
Tariff Act of 1930 (19 U.S.C. 1590) (relating
to aviation smuggling), section 422 of the
Controlled Substances Act (relating to
transportation of drug paraphernalia), section
38(c) (relating to criminal violations) of the
Arms Export Control Act, section 11 (relating
to violations) of the Export Administration Act
of 1979, section 206 (relating to penalties) of
the International Emergency Economic Powers
Act, section 16 (relating to offenses and
punishment) of the Trading with the Enemy Act,
any felony violation of section 15 of the Food
Stamp Act of 1977 (relating to food stamp
fraud) involving a quantity of coupons having a
value of not less than $5,000, any violation of
section 543(a)(1) of the Housing Act of 1949
(relating to equity skimming), or any felony
violation of the Foreign Corrupt Practices Act;
[or]
environmental crimes
(E) a felony violation of the Federal Water
Pollution Control Act (33 U.S.C. 1251 et seq.),
the Ocean Dumping Act (33 U.S.C. 1401 et seq.),
the Act to Prevent Pollution from Ships (33
U.S.C. 1901 et seq.), the Safe Drinking Water
Act (42 U.S.C. 300f et seq.), or the Resources
Conservation and Recovery Act (42 U.S.C. 6901
et seq.)[.]; or
(F) [Any] any act or activity constituting
an offense involving a Federal health care
offense.
* * * * * * *
CHAPTER 97--RAILROADS
* * * * * * *
Sec. 1992. Wrecking trains
(a) * * *
* * * * * * *
(b) Whoever is convicted of a violation of subsection (a)
that has resulted in the death of any person, shall be subject
also to the death penalty or to imprisonment for life.
Whoever is convicted of any such violation involving a
train that, at the time the violation occurred, carried high-
level radioactive waste (as that term is defined in section
2(12) of the Nuclear Waste Policy Act of 1982 (42 U.S.C.
10101(12))) or spent nuclear fuel (as that term is defined in
section 2(23) of the Nuclear Waste Policy Act of 1982 (42
U.S.C. 10101(23))), shall be fined under this title and
imprisoned for any term [or] of years not less than 30, or for
life.
* * * * * * *
CHAPTER 101--RECORDS AND REPORTS
* * * * * * *
Sec. 2075. Officer failing to make returns or reports
Every officer who neglects or refuses to make any return or
report which he is required to make at stated times by any Act
of Congress or regulation of the Department of the Treasury,
other than his accounts, within the time prescribed by such Act
or regulation, shall be fined [not more than $1,000] under this
title.
* * * * * * *
CHAPTER 103--ROBBERY AND BURGLARY
* * * * * * *
Sec. 2113. Bank robbery and incidental crimes
(a) * * *
* * * * * * *
(b) Whoever takes and carries away, with intent to steal or
purloin, any property or money or any other thing of value
exceeding $1,000 belonging to, or in the care, custody,
control, management, or possession of any bank, credit union,
or any savings and loan association, shall be fined under this
title or imprisoned not more than ten years, or both; or
Whoever takes and carries away, with intent to steal or
purloin, any property or money or any other thing of value not
exceeding $1,000 belonging to, or in the care, custody,
control, management, or possession of any bank, credit union,
or any savings and loan association, shall be fined [not more
than $1,000] under this title or imprisoned not more than one
year, or both.
* * * * * * *
CHAPTER 109--SEARCHES AND SEIZURES
* * * * * * *
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 under this title for a
first offense [not more than $1,000]; and, for a subsequent
offense, shall be fined under this title or imprisoned not more
than one year, or both.
This section shall not apply to any person--
(a) serving a warrant of arrest; or
(b) arresting or attempting to arrest a
person committing or attempting to commit an
offense in his presence, or who has committed
or is suspected on reasonable grounds of having
committed a felony; or
(c) making a search at the request or
invitation or with the consent of the occupant
of the premises.
* * * * * * *
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'' 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[.];
``Money'' means the legal tender of the United States or of
any foreign country, or any counterfeit thereof;
``Motor vehicle'' includes an automobile, automobile truck,
automobile wagon, motorcycle, or any other self-propelled
vehicle designed for running on land but not on rails;
``Securities'' includes any note, stock certificate, bond,
debenture, check, draft, warrant, traveler's check, letter of
credit, warehouse receipt, negotiable bill of lading, evidence
of indebtedness, certificate of interest or participation in
any profit-sharing agreement, collateral-trust certificate,
preorganization certificate or subscription, transferable
share, investment contract, voting-trust certificate; valid or
blank motor vehicle title; certificate of interest in property,
tangible or intangible; instrument or document or writing
evidencing ownership of goods, wares, and merchandise, or
transferring or assigning any right, title, or interest in or
to goods, wares, and merchandise; or, in general, any
instrument commonly known as a ``security'', or any certificate
of interest or participation in, temporary or interim
certificate for, receipt for, warrant, or right to subscribe to
or purchase any of the foregoing, or any forged, counterfeited,
or spurious representation of any of the foregoing;
``Tax stamp'' includes any tax stamp, tax token, tax meter
imprint, or any other form of evidence of an obligation running
to a State, or evidence of the discharge thereof;
``Value'' means the face, par, or market value, whichever
is the greatest, and the aggregate value of all goods, wares,
and merchandise, securities, and money referred to in a single
indictment shall constitute the value thereof.
* * * * * * *
CHAPTER 113B--TERRORISM
* * * * * * *
Sec. 2332b. Acts of terrorism transcending national boundaries
(a) * * *
* * * * * * *
(g) Definitions.--As used in this section--
(1) * * *
* * * * * * *
(5) the term ``Federal crime of terrorism'' means
an offense that--
(A) is calculated to influence or affect
the conduct of government by intimidation or
coercion, or to retaliate against government
conduct; and
(B) is a violation of--
(i) section 32 (relating to
destruction of aircraft or aircraft
facilities), 37 (relating to violence
at international airports), 81
(relating to arson within special
maritime and territorial jurisdiction),
175 (relating to biological weapons),
351 (relating to congressional,
cabinet, and Supreme Court
assassination, kidnapping, and
assault), 831 (relating to nuclear
materials), 842 (m) or (n) (relating to
plastic explosives), 844(e) (relating
to certain bombings), 844 (f) or (i)
(relating to arson and bombing of
certain property), 930(c) (relating to
certain killings in Federal
facilities), 956 (relating to
conspiracy to injure property of a
foreign government), 1114 (relating to
protection of officers and employees of
the United States), 1116 (relating to
murder or manslaughter of foreign
officials, official guests, or
internationally protected persons),
1203 (relating to hostage taking), 1361
(relating to injury of Government
property or contracts), 1362 (relating
to destruction of communication lines,
stations, or systems), 1363 (relating
to injury to buildings or property
within special maritime and territorial
jurisdiction of the United States),
1366 (relating to destruction of an
energy facility), 1751 (relating to
Presidential and Presidential staff
assassination, kidnapping, and
assault), 1992 (relating to wrecking
trains), 2152 (relating to injury of
fortifications, harbor defenses, or
defensive sea areas), 2155 (relating to
destruction of national defense
materials, premises, or utilities),
2156 (relating to production of
defective national defense materials,
premises, or utilities), 2280 (relating
to violence against maritime
navigation), 2281 (relating to violence
against maritime fixed platforms), 2332
(relating to certain homicides and
other violence against United States
nationals occurring outside of the
United States), 2332a (relating to use
of weapons of mass destruction), 2332b
(relating to acts of terrorism
transcending national boundaries),
[2332c,] 2339A (relating to providing
material support to terrorists), 2339B
(relating to providing material support
to terrorist organizations), or 2340A
(relating to torture);
* * * * * * *
Sec. 2332d. Financial transactions
(a) Offense.--Except as provided in regulations issued by
the Secretary of the Treasury, in consultation with the
Secretary of State, whoever, being a United States person,
knowing or having reasonable cause to know that a country is
designated under section 6(j) of the Export Administration Act
of 1979 (50 U.S.C. App. 2405) as a country supporting
international terrorism, engages in a financial transaction
with the government of that country, shall be fined under this
title, imprisoned for not more than 10 years, or both.
* * * * * * *
Sec. 2339A. Providing material support to terrorists
(a) Offense.--Whoever, 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,
37, 81, 175, 351, 831, 842 (m) or (n), 844 (f) or (i), 903(c),
956, 1114, 1116, 1203, 1361, 1362, 1363, 1366, 1751, 1992,
2155, 2156, 2280, 2281, 2332, 2332a, 2332b, [2332c,] or 2340A
of this title or section 46502 of title 49, or in preparation
for, or in carrying out, the concealment [or] of an escape from
the commission of any such violation, 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. 2510. Definitions
As used in this chapter--
(1) * * *
* * * * * * *
(10) ``communication common carrier'' [shall have
the same meaning which is given the term ``common
carrier'' by section 153(h) of title 47 of the United
States Code;] has the meaning given that term in
section 3 of the Communications Act of 1934;
* * * * * * *
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) * * *
* * * * * * *
(o) any violation of section 5861 of the Internal
Revenue Code of 1986 (relating to firearms); or
[(p) a felony violation of section 1028 (relating
to production of false identification documents),
section 1542 (relating to false statements in passport
applications), section 1546 (relating to fraud and
misuse of visas, permits, and other documents) of this
title or a violation of section 274, 277, or 278 of the
Immigration and Nationality Act (relating to the
smuggling of aliens); or]
(p) any conspiracy to commit any offense described
in any subparagraph of this paragraph.
* * * * * * *
PART II--CRIMINAL PROCEDURE
* * * * * * *
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 non-capital offense
involving a violation of section 32 (aircraft destruction),
section 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 2332 (terrorist acts
abroad against United States nationals), section 2332a (use of
weapons of mass destruction), section 2332b (acts of terrorism
transcending national boundaries), 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.
* * * * * * *
[3503. Depositions to preserve testimony.]
* * * * * * *
[Sec. 3503. Depositions to preserve testimony
[(a) Whenever due to exceptional circumstances it is in the
interest of justice that the testimony of a prospective witness
of a party be taken and preserved, the court at any time after
the filing of an indictment or information may upon motion of
such party and notice to the parties order that the testimony
of such witness be taken by deposition and that any designated
book, paper, document, record, recording, or other material not
privileged be produced at the same time and place. If a witness
is committed for failure to give bail to appear to testify at a
trial or hearing, the court on written motion of the witness
and upon notice to the parties may direct that his deposition
be taken. After the deposition has been subscribed the court
may discharge the witness. A motion by the Government to obtain
an order under this section shall contain certification by the
Attorney General or his designee that the legal proceeding is
against a person who is believed to have participated in an
organized criminal activity.
[(b) The party at whose instance a deposition is to be
taken shall give to every party reasonable written notice of
the time and place for taking the deposition. The notice shall
state the name and address of each person to be examined. On
motion of a party upon whom the notice is served, the court for
cause shown may extend or shorten the time or change the place
for taking the deposition. The officer having custody of a
defendant shall be notified of the time and place set for the
examination, and shall produce him at the examination and keep
him in the presence of the witness during the examination. A
defendant not in custody shall have the right to be present at
the examination, but his failure, absent good cause shown, to
appear after notice and tender of expenses shall constitute a
waiver of that right and of any objection to the taking and use
of the deposition based upon that right.
[(c) If a defendant is without counsel, the court shall
advise him of his rights and assign counsel to represent him
unless the defendant elects to proceed without counsel or is
able to obtain counsel of his own choice. Whenever a deposition
is taken at the instance of the Government, or whenever a
deposition is taken at the instance of a defendant who appears
to be unable to bear the expense of the taking of the
deposition, the court may direct that the expenses of travel
and subsistence of the defendant and his attorney for
attendance at the examination shall be paid by the Government.
In such event the marshal shall make payment accordingly.
[(d) A deposition shall be taken and filed in the manner
provided in civil actions, provided that (1) in no event shall
a deposition be taken of a party defendant without his consent,
and (2) the scope of examination and cross-examination shall be
such as would be allowed in the trial itself. On request or
waiver by the defendant the court may direct that a deposition
be taken on written interrogatories in the manner provided in
civil actions. Such request shall constitute a waiver of any
objection to the taking and use of the deposition based upon
its being so taken.
[(e) The Government shall make available to the defendant
for his examination and use at the taking of the deposition any
statement of the witness being deposed which is in the
possession of the Government and which the Government would be
required to make available to the defendant if the witness were
testifying at the trial.
[(f) At the trial or upon any hearing, a part or all of a
deposition, so far as otherwise admissible under the rules of
evidence, may be used if it appears: That the witness is dead;
or that the witness is out of the United States, unless it
appears that the absence of the witness was procured by the
party offering the deposition; or that the witness is unable to
attend or testify because of sickness or infirmity; or that the
witness refuses in the trial or hearing to testify concerning
the subject of the deposition or part offered; or that the
party offering the deposition has been unable to procure the
attendance of the witness by subpena. Any deposition may also
be used by any party for the purpose of contradicting or
impeaching the testimony of the deponent as a witness. If only
a part of a deposition is offered in evidence by a party, an
adverse party may require him to offer all of it which is
relevant to the part offered and any party may offer other
parts.
[(g) Objections to receiving in evidence a deposition or
part thereof may be made as provided in civil actions.]
* * * * * * *
CHAPTER 227--SENTENCES
* * * * * * *
SUBCHAPTER A--GENERAL PROVISIONS
* * * * * * *
Sec. 3553. Imposition of a sentence
(a) * * *
* * * * * * *
(e) Limited Authority To Impose a Sentence Below a
Statutory Minimum.--Upon motion of the Government, the court
shall have the authority to impose a sentence below a level
established by statute as a minimum sentence so as to reflect a
defendant's substantial assistance in the investigation or
prosecution of another person who has committed an offense.
Such sentence shall be imposed in accordance with the
guidelines and policy statements issued by the Sentencing
Commission pursuant to section 994 of title 28, United States
Code.
* * * * * * *
SUBCHAPTER B--PROBATION
* * * * * * *
Sec. 3563. Conditions of probation
(a) Mandatory Conditions.--The court shall provide, as an
explicit condition of a sentence of probation--
(1) * * *
(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)] or (b)(12), 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);
* * * * * * *
SUBCHAPTER D--IMPRISONMENT
* * * * * * *
Sec. 3583. Inclusion of a term of supervised release after imprisonment
(a) * * *
* * * * * * *
(d) Conditions of Supervised Release.--The court shall
order, as an explicit condition of supervised release, that the
defendant not commit another Federal, State, or local crime
during the term of supervision and that the defendant not
unlawfully possess a controlled substance. The court shall
order as an explicit condition of supervised release for a
defendant convicted for the first time of a domestic violence
crime as defined in section 3561(b) 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. The court shall order, as an explicit condition of
supervised release for a person described in section
4042(c)(4), that the person report the address where the person
will reside and any subsequent change of residence to the
probation officer responsible for supervision, and that the
person register in any State where the person resides, is
employed, carries on a vocation, or is a student (as such terms
are defined under section 170101(a)(3) of the Violent Crime
Control and Law Enforcement Act of 1994). The court shall
order, as an explicit condition of supervised release, that the
defendant cooperate in the collection of a DNA sample from the
defendant, if the collection of such a sample is authorized
pursuant to section 3 of the DNA Analysis Backlog Elimination
Act of 2000. The court shall also order, as an explicit
condition of supervised release, that the defendant refrain
from any unlawful use of a controlled substance and submit to a
drug test within 15 days of release on supervised release and
at least 2 periodic drug tests thereafter (as determined by the
court) for use of a controlled substance. The condition stated
in the preceding sentence may be ameliorated or suspended by
the court as provided in section 3563(a)(4). The results of a
drug test administered in accordance with the preceding
subsection 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 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 3583(g) when considering any action against a defendant
who fails a drug test. The court may order, as a further
condition of supervised release, to the extent that such
condition--
(1) * * *
* * * * * * *
any condition set forth as a discretionary condition of
probation in [section 3563(b)(1) through (b)(10) and (b)(12)
through (b)(20)] paragraphs (1) through (9) and (11) through
(19) of section 3563(b), and any other condition it considers
to be appropriate. If an alien defendant is subject to
deportation, the court may provide, as a condition of
supervised release, that he be deported and remain outside the
United States, and may order that he be delivered to a duly
authorized immigration official for such deportation.
* * * * * * *
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) Death during commission of another crime.--The
death, or injury resulting in death, occurred during
the commission or attempted commission of, or during
the immediate flight from the commission of, an offense
under section 32 (destruction of aircraft or aircraft
facilities), section 33 (destruction of motor vehicles
or motor vehicle facilities), [section 36] section 37
(violence at international airports), section 351
(violence against Members of Congress, Cabinet
officers, or Supreme Court Justices), an offense under
section 751 (prisoners in custody of institution or
officer), section 794 (gathering or delivering defense
information to aid foreign government), section 844(d)
(transportation of explosives in interstate commerce
for certain purposes), section 844(f) (destruction of
Government property by explosives), section 1118
(prisoners serving life term), section 1201
(kidnapping), section 844(i) (destruction of property
affecting interstate commerce by explosives), section
1116 (killing or attempted killing of diplomats),
section 1203 (hostage taking), section 1992 (wrecking
trains), section 2280 (maritime violence), section 2281
(maritime platform violence), section 2332 (terrorist
acts abroad against United States nationals), section
2332a (use of weapons of mass destruction), or section
2381 (treason) of this title, or section 46502 of title
49, United States Code (aircraft piracy).
* * * * * * *
Sec. 3593. Special hearing to determine whether a sentence of death is
justified
(a) * * *
* * * * * * *
(c) Proof of Mitigating and Aggravating Factors.--
Notwithstanding rule 32[(c)] of the Federal Rules of Criminal
Procedure, when a defendant is found guilty or pleads guilty to
an offense under section 3591, no presentence report shall be
prepared. At the sentencing hearing, information may be
presented as to any matter relevant to the sentence, including
any mitigating or aggravating factor permitted or required to
be considered under section 3592. 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. The defendant may present any
information relevant to a mitigating factor. The government may
present any information relevant to an aggravating factor for
which notice has been provided under subsection (a).
Information is admissible 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 outweighed by the danger of creating unfair prejudice,
confusing the issues, or misleading the jury. For the purposes
of the preceding sentence, the fact that a victim, as defined
in section 3510, attended or observed the trial shall not be
construed to pose a danger of creating unfair prejudice,
confusing 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 aggravating or mitigating
factor, and as to the appropriateness in the 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 the existence of such a
factor is established beyond a reasonable doubt. The burden of
establishing the existence of any mitigating factor is on the
defendant, and is not satisfied unless the existence of such a
factor is established by a preponderance of the information.
* * * * * * *
CHAPTER 229--POSTSENTENCE ADMINISTRATION
* * * * * * *
SUBCHAPTER B--FINES
* * * * * * *
Sec. 3612. Collection of unpaid fine or restitution
(a) * * *
* * * * * * *
(f) Interest on Fines and Restitution.--
(1) * * *
(2) Computation.--Interest on a fine shall be
computed--
(A) daily (from the first day on which the
defendant is liable for interest under
paragraph (1)); and
(B) at a rate equal to the weekly average
1-year constant maturity Treasury yield, as
published by the Board of Governors of the
Federal Reserve System, for the calendar week
preceding[.] the first day on which the
defendant is liable for interest under
paragraph (1).
* * * * * * *
CHAPTER 232--MISCELLANEOUS SENTENCING PROVISIONS
* * * * * * *
Sec. 3664. Procedure for issuance and enforcement of order of
restitution
(a) * * *
* * * * * * *
(o) A sentence that imposes an order of restitution is a
final judgment notwithstanding the fact that--
(1) such a sentence can subsequently be--
(A) corrected under Rule 35 of the Federal
Rules of Criminal Procedure and section 3742 of
chapter 235 of this title;
(B) appealed and modified under section
3742;
(C) amended under [section 3664(d)(3)]
subsection (d)(5); or
* * * * * * *
PART III--PRISONS AND PRISONERS
* * * * * * *
CHAPTER 306--TRANSFER TO OR FROM FOREIGN COUNTRIES
* * * * * * *
Sec. 4104. Transfer of offenders on probation
(a) * * *
* * * * * * *
(d) The probation may be revoked in accordance with
[section 3653 of this title and rule 32(f) of] section 3565 of
this title and the applicable provisions of the Federal Rules
of Criminal Procedure. A violation of the conditions of
probation shall constitute grounds for revocation. If probation
is revoked the suspended sentence imposed by the sentencing
court shall be executed.
* * * * * * *
----------
SECTION 60003(a)(13) OF VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT
OF 1994
(Public Law 103-322)
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) * * *
* * * * * * *
(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 imprisonment] $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;''.
* * * * * * *
----------
SECTION 726 THE ANTITERRORISM AND EFFECTIVE DEATH PENALTY ACT OF 1996
SEC. 726. ADDITION OF TERRORISM OFFENSES TO THE MONEY LAUNDERING
STATUTE.
Section 1956(c)(7) of title 18, United States Code, is
amended--
(1) * * *
(2) in subparagraph (D)--
(A) * * *
* * * * * * *
(C) by inserting after ``[section] 798
(relating to espionage),'' the following:
``section 831 (relating to prohibited
transactions involving nuclear materials),
section 844 (f) or (i) (relating to destruction
by explosives or fire of Government property or
property affecting interstate or foreign
commerce),'';
* * * * * * *
(E) by inserting after ``[section] 1032
(relating to concealment of assets from
conservator, receiver, or liquidating agent of
financial institution),'' the following:
``section 1111 (relating to murder), section
1114 (relating to murder of United States law
enforcement officials), section 1116 (relating
to murder of foreign officials, official
guests, or internationally protected
persons),'';
* * * * * * *
(G) by inserting after ``section 1708
([relating to] theft from the mail),'' the
following: ``section 1751 (relating to
Presidential assassination),'';
* * * * * * *
----------
ECONOMIC ESPIONAGE ACT OF 1996
TITLE VI--TECHNICAL AND MINOR AMENDMENTS
SEC. 601. GENERAL TECHNICAL AMENDMENTS.
(a) * * *
(b) Cross Reference Corrections and Corrections of
Typographical Errors.--
[(1) Section 3286 of title 18, United States Code,
is
amended--
[(A) by striking ``2331'' and inserting
``2332'';
[(B) by striking ``2339'' and inserting
``2332a''; and
[(C) by striking ``36'' and inserting
``37''.
[(2) Section 2339A(b) of title 18, United States
Code, is amended--
[(A) by striking ``2331'' and inserting
``2332'';
[(B) by striking ``2339'' and inserting
``2332a'';
[(C) by striking ``36'' and inserting
``37''; and
[(D) by striking ``of an escape'' and
inserting ``or an escape''.]
(3) Section 1961(1)(D) of title 18, United States
Code, is amended by striking ``that title'' and
inserting ``this title''.
[(4) Section 2423(b) of title 18, United States
Code, is amended by striking ``2245'' and inserting
``2246''.]
(c) Simplification and Clarification of Wording.--
(1) * * *
* * * * * * *
(3) Section [247(d)] 247(e) of title 18, United
States Code, is amended by striking ``notification''
and inserting ``certification''.
(d) Correction of Paragraph Connectors.--Section 2516(1) of
title 18, United States Code, is amended--
(1) * * *
[(2) in paragraph (n), by striking ``and'' where it
appears after the semicolon and inserting ``or''.]
* * * * * * *
(f) Corrections of Punctuation and Other Erroneous Form.--
(1) * * *
[(2) Section 1114 of title 18, United States Code,
is amended by striking ``1112.'' and inserting
``1112,''.]
* * * * * * *
(j) Redesignation of Duplicate Chapter Number and
Conforming Clerical Amendment.--
[(1) Redesignation.--The chapter 113B added to
title 18, United States Code, by Public Law 103-236 is
redesignated chapter 113C.]
(2) Conforming clerical amendment.--The table of
chapters at the beginning of part I of title 18, United
States Code, is amended in the item relating to the
chapter redesignated by paragraph (1)--
[(A) by striking ``113B'' and inserting
``113C''; and]
* * * * * * *
(k) Redesignation of Duplicate Paragraph Numbers and
Correction of Placement of Paragraphs in Section 3563.--
[(1) Redesignation.--Section 3563(a) of title 18,
United States Code, is amended by redesignating the
second paragraph (4) as paragraph (5).
[(2) Conforming connector change.--Section 3563(a)
of title 18, United States Code, is amended--
[(A) by striking ``and'' at the end of
paragraph
(3); and
[(B) by striking the period at the end of
paragraph (4) and inserting ``; and''.]
* * * * * * *
SEC. 602. REPEAL OF OBSOLETE PROVISIONS IN TITLE 18.
(a) * * *
* * * * * * *
[(d) Section 281 Repeal.--Section 281 of title 18, United
States Code, is repealed and the table of sections at the
beginning of chapter 15 of such title is amended by striking
the item relating to such section.]
* * * * * * *
SEC. 604. ADDITIONAL AMENDMENTS ARISING FROM ERRORS IN
PUBLIC LAW 103-322.
(a) * * *
(b) Unit Reference Corrections, Removal of Duplicate
Amendments, and Other Similar Corrections.--
(1) * * *
* * * * * * *
[(4) Section 102 of the Controlled Substances Act
(21 U.S.C. 802) is amended by redesignating the second
paragraph (43) as paragraph (44).]
* * * * * * *
SEC. 605. ADDITIONAL TYPOGRAPHICAL AND SIMILAR ERRORS FROM VARIOUS
SOURCES.
(a) * * *
* * * * * * *
[(r) Correction of Word Usage.--Section 247(d) of title 18,
United States Code, is amended by striking ``notification'' and
inserting ``certification''.]
* * * * * * *
SEC. 607. APPLICATION OF VARIOUS OFFENSES TO POSSESSIONS AND
TERRITORIES.
(a) * * *
* * * * * * *
(g) Section 1716 of title 18, United States Code, is
amended--
(1) * * *
(2) in subsection (g)(3) by striking ``the
municipal government of the District of Columbia or of
the government of any State or [territory] Territory,
or any county, city, or other political subdivision of
a State'' and inserting ``any State, or any political
subdivision of a State''; and
* * * * * * *
(j) Section 102 of the Controlled Substances Act (21 U.S.C.
802) is amended--
(1) * * *
[(2) by redesignating paragraph (43), as added by
section 90105(d) of the Violent Crime Control and Law
Enforcement Act of 1994, as paragraph (44).]
* * * * * * *
----------
CONTROLLED SUBSTANCES ACT
* * * * * * *
TITLE II--CONTROL AND ENFORCEMENT
* * * * * * *
Part D--Offenses and Penalties
prohibited acts a--penalties
Sec. 401. (a) * * *
* * * * * * *
(d)(1) Any person who assembles, maintains, places, or
causes to be placed a boobytrap on Federal property where a
controlled substance is being manufactured, distributed, or
dispensed shall be sentenced to a term of imprisonment for not
more than 10 years [and shall be fined not more than $10,000]
or fined under title 18, United States Code, or both.
(2) If any person commits such a violation after 1 or more
prior convictions for an offense punishable under this
subsection, such person shall be sentenced to a term of
imprisonment of not more than 20 years [and shall be fined not
more than $20,000] or fined under title 18, United States Code,
or both.
* * * * * * *
Prohibited Acts B--Penalties
Sec. 402. (a) * * *
* * * * * * *
(c)(1) * * *
(2)(A) If a violation of this section is prosecuted by an
information or indictment which alleges that the violation was
committed knowingly and the trier of fact specifically finds
that the violation was so committed, such person shall, except
as otherwise provided in subparagraph (B) of this paragraph, be
sentenced to imprisonment of not more than one year or a fine
[of not more than $25,000] under title 18, United States Code,
or both.
(B) If a violation referred to in subparagraph (A) was
committed after one or more prior convictions of the offender
for an offense punishable under this paragraph (2), or for a
crime under any other provision of this title or title III or
other law of the United States relating to narcotic drugs,
marihuana, or depressant or stimulant substances, have become
final, such person shall be sentenced to a term of imprisonment
of not more than 2 years, a fine [of $50,000] under title 18,
United States Code, or both.
(C) In addition to the penalties set forth elsewhere in
this title or title III, any business that violates paragraph
(11) of subsection (a) shall, with respect to the first such
violation, be subject to a civil penalty of not more than
$250,000, but shall not be subject to criminal penalties under
this section, and shall, for any succeeding violation, be
subject to a civil fine of not more than $250,000 or double the
last previously imposed penalty, whichever is greater.
* * * * * * *
Prohibited Acts C--Penalties
Sec. 403. (a) * * *
* * * * * * *
(d)(1) Except as provided in paragraph (2), any person who
violates this section shall be sentenced to a term of
imprisonment of not more than 4 years, a fine [of not more than
$30,000] under title 18, United States Code, or both; except
that if any person commits such a violation after one or more
prior convictions of him for violation of this section, or for
a felony under any other provision of this title or title III
or other law of the United States relating to narcotic drugs,
marihuana, or depressant or stimulant substances, have become
final, such person shall be sentenced to a term of imprisonment
of not more than 8 years, a fine [of not more than $60,000]
under title 18, United States Code, or both.
(2) Any person who, with the intent to manufacture or to
facilitate the manufacture of methamphetamine, violates
paragraph (6) or (7) of subsection (a), shall be sentenced to a
term of imprisonment of not more than 10 years, a fine [of not
more than $30,000] under title 18, United States Code, or both;
except that if any person commits such a violation after one or
more prior convictions of that person--
(A) for a violation of paragraph (6) or (7) of
subsection (a);
(B) for a felony under any other provision of this
subchapter or subchapter II of this chapter; or
(C) under any other law of the United States or any
State relating to controlled substances or listed
chemicals,
has become final, such person shall be sentenced to a term of
imprisonment of not more than 20 years, a fine [of not more
than $60,000] under title 18, United States Code, or both.
* * * * * * *
Part E--Administrative and Enforcement Provisions
* * * * * * *
forfeitures
Sec. 511. (a) The following shall be subject to forfeiture
to the United States and no property right shall exist in them:
(1) * * *
* * * * * * *
(10) Any drug paraphernalia (as defined in section
[1822 of the Mail Order Drug Paraphernalia Control Act]
422).
* * * * * * *
----------
SECTION 583 OF THE FOREIGN OPERATIONS, EXPORT FINANCING, AND RELATED
PROGRAMS APPROPRIATIONS ACT, 1998
War Crimes Prosecution
Sec. 583. [Section 2401] Section 2441 of title 18, United
States Code (Public Law 104-192; the War Crimes Act of 1996) is
amended as follows--
(1) * * *
* * * * * * *
----------
SECTION 115 OF THE DEPARTMENTS OF COMMERCE, JUSTICE, AND STATE, THE
JUDICIARY, AND RELATED AGENCIES APPROPRIATIONS ACT, 1998
(Public Law 105-119)
Sec. 115. (a) Standards for Sex Offender Registration
Programs.--
(1) * * *
* * * * * * *
(8) Federal offenders and military personnel.--(A)
* * *
(B)(i) Section 3563(a) of title 18, United States
Code, is amended by striking the matter at the end of
paragraph (7) beginning with ``The results of a drug
test'' and all that follows through the end of such
[paragraph] subsection and inserting that matter [at
the end of] following section 3563.
(ii) The matter inserted by [subparagraph (A)]
clause (i) at the end of section 3563 is amended--
(I) * * *
* * * * * * *
Markup Transcript
BUSINESS MEETING
TUESDAY, JUNE 26, 2001
House of Representatives,
Committee on the Judiciary,
Washington, DC.
The Committee met, pursuant to notice, at 10:35 a.m., in
Room 2141, Rayburn House Office Building, Hon. F. James
Sensenbrenner, Jr. [Chairman of the Committee] presiding.
Chairman Sensenbrenner. The Committee will be in order. A
working quorum is present.
Pursuant to notice, I now call up the bill, H.R. 2137, a
bill to make clerical and other technical amendments to title
18, United States Code, and other laws relating to crime and
criminal procedure for purposes of markup and move its
favorable recommendation to the House.
[The bill, H.R. 2137, follows:]
Chairman Sensenbrenner. Without objection, the bill will be
considered as read and open for amendment at any point.
The Chair recognizes himself for 5 minutes.
The last half of the 20th century saw an explosion of
Federal criminal statutes. According to a study conducted by
the Task Force on Federalization of Criminal Law of the
Criminal Law Section of the American Bar Association, more than
40 percent of the Federal criminal provisions enacted since the
Civil War have been enacted since 1970. This explosion of
lawmaking has resulted in numerous technical mistakes which
litter the criminal code.
This bill makes over 60 separate clerical and technical
changes to various criminal statutes by correcting missing and
incorrect words, margins, punctuations, redundancies, outmoded
fine amounts, and cross-references. These and other changes
will make it easier to apply these important statutes.
This bill is bipartisan legislation, which resulted from
extensive consultation between the majority and minority, and
suggestions from the offices of legislative counsel and law
revision counsel. I would like to thank all involved in the
process of reviewing the minutiae of the code to put this
legislation together.
Let me also say that yesterday majority staff handling this
issue received an informal memorandum from the Justice
Department, asking that additional technical corrections be
included in the bill. Because we have not had enough time to
review these suggestions, we will not be including them as an
amendment here today.
However, I would like to continue to work with Mr. Conyers,
Mr. Scott, and Mr. Smith of Texas on these with the intention
of including these suggestions in the bill which are truly
clerical and technical.
I will now yield to the gentleman from Michigan for
whatever comments he wishes to make.
Mr. Conyers. Thank you, Mr. Chairman.
I ask unanimous consent to enter the statement of our
colleague from Virginia, Mr. Bobby Scott, on this matter.
Chairman Sensenbrenner. Without objection.
Mr. Conyers. Thank you.
Chairman Sensenbrenner. Without objection, all Members may
insert opening statements in the record at this point.
Are there amendments?
Hearing none, the question occurs on the motion to report
the bill, H.R. 2137, favorably as amended.
Do we have a----
A reporting quorum is not present. Without objection, the
previous question is ordered and further proceedings on this
bill will be postponed.
And would the staff please serve subpoenas on the missing
Members? [Laughter.]
[Intervening Business.]
A reporting quorum is present. The Committee now returns to
the pending unfinished business upon which the previous
question was ordered on H.R. 2137.
The question is on the motion to report favorably the bill
H.R. 2137.
Those in favor will say aye.
Those opposed will say no.
The ayes appear to have it. The ayes have it.
Without objection, the Chair is authorized to move to go to
conference pursuant to House rules.
Without objection, the staff is directed to make any
technical and conforming changes.
All Members will be given 2 days, under House rules, in
which to submit additional dissenting, supplemental, or
minority views.
This concludes the purpose for which this markup has been
called, and the Committee stands adjourned.
[Whereupon, at 10:40 p.m., the Committee was adjourned.]
-