    [House Report 114-889]
    [From the U.S. Government Publishing Office]

    114th Congress     }                                  {        Report
                            HOUSE OF REPRESENTATIVES
     2d Session        }                                  {        114-889

    ======================================================================

                     CRIMINAL CODE IMPROVEMENT ACT OF 2015

                                    _______

     December 23, 2016.--Committed to the Committee of the Whole House on
                the State of the Union and ordered to be printed

                                    _______

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

                                  R E P O R T

                            [To accompany H.R. 4002]

          [Including cost estimate of the Congressional Budget Office]

        The Committee on the Judiciary, to whom was referred the
    bill (H.R. 4002) to amend title 18, United States Code, to make
    various improvements in Federal criminal law, and for other
    purposes, having considered the same, reports favorably thereon
    without amendment and recommends that the bill do pass.

                                    CONTENTS

                                                                       Page

    Purpose and Summary..............................................     1
    Background and Need for the Legislation..........................     2
    Hearings.........................................................    22
    Committee Consideration..........................................    22
    Committee Votes..................................................    22
    Committee Oversight Findings.....................................    22
    New Budget Authority and Tax Expenditures........................    22
    Congressional Budget Office Cost Estimate........................    22
    Duplication of Federal Programs..................................    24
    Disclosure of Directed Rule Makings..............................    24
    Performance Goals and Objectives.................................    24
    Advisory on Earmarks.............................................    24
    Section-by-Section Analysis......................................    24
    Changes in Existing Law Made by the Bill, as Reported............    25

                              Purpose and Summary

        H.R. 4002, the ``Criminal Code Improvement Act of 2015,''
    amends chapter 1 of title 18, U.S. Code (the Federal Criminal
    Code), in three significant ways. First, it reorganizes the
    general provisions that appear at the beginning of chapter 1,
    leaving the vast majority of them intact. Second, it provides a
    default mens rea standard that applies for all crimes
    prosecuted in Federal courts, unless another mens rea standard
    has been provided by law, including statutory and well-
    established case law. Third, it creates uniform definitions for
    several terms that are used frequently throughout title 18.

                    Background and Need for the Legislation

        In early 2015, Chairman Goodlatte and Ranking Members
    Conyers created a Criminal Justice Reform Initiative at the
    Judiciary Committee, to address the significant Congressional
    interest in criminal justice reform from Members who do and do
    not serve on the Judiciary Committee. The purpose of the
    Initiative is to develop bipartisan legislation to address
    several facets of the Federal criminal justice system,
    including over-criminalization, sentencing reform, prison and
    reentry reform, protecting citizens through improved criminal
    procedures and policing strategies, and civil asset forfeiture
    reform. In addressing these issues, the Committee will rely on
    the work of the Over-Criminalization Task Force, which held
    nine hearings on a variety of criminal justice topics during
    the 113th Congress, as well as the information provided to the
    Committee by interested Members during the Committee's public
    listening session in June 2015.
        As part of the Initiative, and following up on the Task
    Force's work, the Committee has reported several bills dealing
    with over-criminalization. H.R. 4002, the ``Criminal Code
    Improvement Act of 2015,'' is a bill that makes several changes
    to title 18, U.S. Code (the Federal criminal code). The most
    high-profile change is the establishment of a default mens rea
    standard, which applies for all crimes prosecuted in Federal
    courts, unless another mens rea standard has been provided by
    law, including statutorily or via well-established case law.
        During the pendency of the Task Force, a common criticism
    leveled against the expansion of the Federal criminal code was
    that along with it has come an erosion of the mens rea
    requirement. Mens rea (``guilty mind'') is the state of mind
    the government, to secure a conviction, must prove that a
    defendant had when committing a crime. ``Mens rea elements,
    such as specific intent, willful intent, and the knowledge of
    specific facts constituting the offense, are a part of nearly
    all common-law crimes.''\1\ Common law required the convergence
    of harmful conduct (the actus reus) with a culpable mental
    state (mens rea) in order to find an individual guilty of a
    crime.
    ---------------------------------------------------------------------------
        \1\William R. Maurer & David Malmstrom, The Explosion of the
    Criminal Law and Its Cost to Individuals, Economic Opportunity, and
    Society, The Federalist Society (2010), available at http://www.fed-
    soc.org/doclib/20100125_CriminalLawCosts.pdf; see also John S. Baker,
    Jr., Legal Memorandum: Revisiting the Explosive Growth of Federal
    Crimes, The Heritage Foundation, No. 26 (Jun. 16, 2008), at 6.
    ---------------------------------------------------------------------------
        Historically, most common law crimes prohibited conduct
    that was malum in se, meaning an inherently immoral act such as
    murder, arson, or rape. There were a smaller number of malum
    prohibitum offenses, where authorities and legislators had
    decided the conduct, though not inherently immoral, was
    nevertheless problematic and should be penalized. Today,
    however, with an ever-increasing labyrinth of Federal
    regulations, a far greater number of new Federal crimes address
    conduct that is malum prohibitum--i.e., it is a crime merely
    because Congress has chosen to prohibit it via statute.
        Many Federal statutes also apply criminal penalties to
    violations of Federal regulations promulgated pursuant to the
    statute. Criminal penalties may therefore apply to infractions
    as minor as misfiled or unfiled paperwork, fishing without a
    permit, shipping items safely but in a manner inconsistent with
    Federal regulations, or other purely regulatory violations.
    Aside from the issues raised with exposing an individual to
    incarceration for a regulatory offense, many such provisions
    have departed from the traditional notion of mens rea by either
    requiring no mental state or much lower mental states to be
    proven.
        This erosion of mens rea calls into question the propriety
    of criminal prosecutions, particularly those that carry felony-
    level penalties, for conduct that lacks the traditional notions
    of criminal intent and is not inherently immoral. Charging
    someone with a crime when he was not aware that his conduct was
    illegal erodes public support and respect for the rule of law
    and promotes contempt for the legal system, as well as a lack
    of respect for authority.
        In April 2010, the Heritage Foundation and the National
    Association of Criminal Defense Lawyers published a report
    entitled Without Intent: How Congress is Eroding the Criminal
    Intent Requirement in Federal Law.\2\ This report presents the
    results of a study of legislation containing criminal offenses
    introduced in the 109th Congress.
    ---------------------------------------------------------------------------
        \2\Brian W. Walsh & Tiffany M. Joslyn, Without Intent: How Congress
    is Eroding the Criminal Intent Requirement in Federal Law, available at
    http://report.heritage.org/sr0077.
    ---------------------------------------------------------------------------
        The study examined whether Congress included meaningful
    mens rea requirements in the scores of non-violent and non-drug
    criminal offenses that Congress considered. The authors and
    their researchers analyzed the non-violent criminal offenses in
    203 bills (128 from the House and 75 from the Senate)
    introduced during the course of the 109th Congress. Because
    many of the bills included more than one criminal offense
    meeting the study's criteria, the number of criminal offenses
    included in the study (446) is greater than the number of
    bills. Each offense's mens rea requirement was analyzed and
    graded as Strong, Moderate, Weak, or None.
        The study found that over 57 percent of the offenses
    considered by the 109th Congress contained mens rea
    requirements classified as ``weak'' or ``none,'' putting the
    innocent at risk of criminal punishment. This study also found
    consistently poor legislative drafting and broad delegation of
    Congress's authority to make criminal laws to unelected
    officials in administrative agencies--that is, criminalization
    by regulation. Of the 203 bills studied, 13 (6.4 percent) were
    enacted into law, an enactment rate that is 45 percent higher
    than the rate for all bills introduced in the 109th Congress.
        The study identified three main causes of Congress's
    failure to include meaningful mens rea requirements in criminal
    offenses. First, there is the fragmented and disjointed process
    for creating and modifying criminal offenses. Despite the House
    and Senate Judiciary Committees' expertise and subject-matter
    jurisdiction, over half (52 percent) of the offenses noted in
    the study were not referred to either committee for oversight.
        Second is the number of proposed criminal offenses.
    Crafting offenses that properly channel the Federal
    Government's power to impose criminal punishment demands
    substantial debate and deliberation. However, in the 109th
    Congress, so many bills (203) were proposed containing so many
    non-violent offenses (446) that it is unreasonable to expect
    any substantial proportion of these offenses could have
    received adequate legislative oversight and scrutiny. According
    to the study, these numbers would rise even higher if they
    included the enormous number of bills containing criminal
    offenses that concern firearms, possession or trafficking of
    drugs or pornography, immigration violations, and intentional
    violence. In 2014, the Congressional Research Service reported
    that Congress enacted 403 new criminal offenses from 2008-2013,
    which brings the total number of statutory criminal offenses to
    nearly 5,000.\3\
    ---------------------------------------------------------------------------
        \3\The CRS memo is attached as Appendix A.
    ---------------------------------------------------------------------------
        Third, Congress's choice to delegate its criminal lawmaking
    authority to executive agencies has grown more common. This
    study identified at least 63 offenses that, if enacted, would
    hand over this authority to unelected agency officials. That
    constitutes 14 percent of the offenses included in the study.
    The study's totals and percentages do not account for the many
    additional criminal offenses that Federal agencies would be
    authorized to create in this manner.
        One encouraging finding of the study is that oversight by
    the House Judiciary Committee does improve the quality of mens
    rea requirements. ``Oversight'' refers to the committee marking
    up a bill or reporting it out of committee for consideration by
    the full House of Representatives. Based upon this analysis,
    and upon the specific criminal law jurisdiction and expertise
    of the House and Senate Judiciary Committees, automatic
    sequential referral of all bills adding or modifying criminal
    offenses to these two committees is likely to improve mens rea
    requirements.
        H.R. 4002 was produced by the Judiciary Committee, in part,
    in response to this important work. It makes a number of
    important changes to title 18 of the U.S. Code. This includes
    both substantive changes (such as clarifying the application of
    a default mens rea standard of ``knowingly,'' which will apply
    in cases where Federal criminal law, including longstanding
    statutory law and established case-law, does not provide a
    state of mind requirement for the particular offense) and
    ``housekeeping'' changes (such as the imposition of a single
    definition of the term ``State,'' and the elimination of
    additional, repetitive definitions).
        H.R. 4002 also provides that, in situations where a
    reasonable person in the same or similar circumstances would
    not know, or would not have reason to believe, that his conduct
    was unlawful, the Government must prove that the defendant
    knew, or had reason to believe, the conduct was unlawful. This
    provision will address the problem of inadequate criminal
    intent requirements in crimes created by agency regulation--or
    malum prohibitum crimes.
        H.R. 4002 is a very carefully crafted bill, which is
    intended to apply in narrow circumstances. Its intent is not to
    supersede existing intent requirements in Federal criminal
    statutes. Its intent is not to require Federal courts to apply
    a ``knowingly'' standard in areas where the caselaw is settled.
    Its intent is not to impose a ``knowingly'' requirement for
    every element of every statute. Rather, its intent is to impose
    a ``knowingly'' mens rea requirement in Federal statutes that
    do not currently contain such a provision, to protect American
    citizens who did not know or have reason to know that they were
    violating Federal law, and to curb strict liability
    criminalization.

                                   APPENDIX A
    [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

                                   __________

                                    Hearings

        The Committee on the Judiciary held no hearings on H.R.
    4002. However, from June 2013 to August 2014, the Committee's
    Over-Criminalization Task Force held multiple hearings on
    criminal justice issues, including a hearing on the need for
    meaningful intent requirements in Federal criminal law on July
    19, 2013.

                            Committee Consideration

        On November 18, 2015, the Committee met in open session and
    ordered the bill H.R. 4002 favorably reported, without
    amendment, by voice vote, a quorum being present.

                                Committee Votes

        In compliance with clause 3(b) of rule XIII of the Rules of
    the House of Representatives, the Committee advises that there
    were no recorded votes during the Committee's consideration of
    H.R. 4002.

                          Committee Oversight Findings

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

                   New Budget Authority and Tax Expenditures

        Clause 3(c)(2) of rule XIII of the Rules of the House of
    Representatives is inapplicable because this legislation does
    not provide new budgetary authority or increased tax
    expenditures.

                   Congressional Budget Office Cost Estimate

        In compliance with clause 3(c)(3) of rule XIII of the Rules
    of the House of Representatives, the Committee sets forth, with
    respect to the bill, H.R. 4002, the following estimate and
    comparison prepared by the Director of the Congressional Budget
    Office under section 402 of the Congressional Budget Act of
    1974:

                                         U.S. Congress,
                                   Congressional Budget Office,
                                         Washington, DC, June 22, 2016.
    Hon. Bob Goodlatte, Chairman,
    Committee on the Judiciary,
    House of Representatives, Washington, DC.
        Dear Mr. Chairman: The Congressional Budget Office has
    prepared the enclosed cost estimate for H.R. 4002, the
    ``Criminal Code Improvement Act of 2015.''
        If you wish further details on this estimate, we will be
    pleased to provide them. The CBO staff contact is Mark
    Grabowicz, who can be reached at 226-2860.
                Sincerely,
                                                    Keith Hall,
                                                      Director.

    Enclosure

    cc:
            Honorable John Conyers, Jr.
            Ranking Member

               H.R. 4002--Criminal Code Improvement Act of 2015.

          As ordered reported by the House Committee on the Judiciary
                             on November 18, 2015.

        CBO estimates that implementing H.R. 4002 would cost about
    $1 million in fiscal year 2017 and less than $500,000 annually
    thereafter; such spending would be subject to the availability
    of appropriated funds. Enacting the bill also could affect
    direct spending and revenues; therefore, pay-as-you-go
    procedures apply. However, CBO estimates that any such effects
    would be insignificant in each year. CBO estimates that
    enacting H.R. 4002 would not increase net direct spending or
    on-budget deficits in any of the four consecutive 10-year
    periods beginning in 2027.
        H.R. 4002 would require the Department of Justice (DOJ) to
    develop and maintain an inventory of all Federal criminal
    offenses and to make that information available to the public.
    Based on information from DOJ and the costs of similar
    activities, CBO estimates that implementing H.R. 4002 would
    cost about $1 million in fiscal year 2017 and less than
    $500,000 annually thereafter.
        H.R. 4002 also would establish a default requirement
    regarding state of mind, for Federal criminal offenses that do
    not already include such a requirement; prosecutors would need
    to demonstrate that those offenses were committed knowingly.
    Currently, successful prosecution of some Federal crimes
    requires proof of the defendant's criminal intent when the
    crime occurred. Other Federal crimes do not require such proof;
    the legislation would affect prosecution of those crimes.
    Additionally, for conduct that a reasonable person would not
    know or have been expected to know was unlawful, the
    legislation would require proof that the defendant knew, or had
    reason to believe, the activity in question was unlawful in
    order to secure a conviction.
        Because H.R. 4002 would affect the prosecution of offenders
    subject to criminal fines, the bill could change the amount of
    fines collected by the government. Criminal fines are recorded
    as revenues, deposited in the Crime Victims Fund, and later
    spent without further appropriation action. CBO expects that
    any changes in revenues and subsequent direct spending would
    not be significant because the legislation probably would
    affect only a small number of cases.
        H.R. 4002 contains no intergovernmental or private-sector
    mandates as defined in the Unfunded Mandates Reform Act and
    would not affect the budgets of State, local, or tribal
    governments.
        The CBO staff contacts for this estimate are Mark Grabowicz
    and Marin Burnett. The estimate was approved by H. Samuel
    Papenfuss, Deputy Assistant Director for Budget Analysis.

                        Duplication of Federal Programs

        No provision of H.R. 4002 establishes or reauthorizes a
    program of the Federal Government known to be duplicative of
    another Federal program, a program that was included in any
    report from the Government Accountability Office to Congress
    pursuant to section 21 of Public Law 111-139, or a program
    related to a program identified in the most recent Catalog of
    Federal Domestic Assistance.

                      Disclosure of Directed Rule Makings

        The Committee estimates that H.R. 4002 specifically directs
    to be completed no specific rule makings within the meaning of
    5 U.S.C. Sec. 551.

                        Performance Goals and Objectives

        The Committee states that pursuant to clause 3(c)(4) of
    rule XIII of the Rules of the House of Representatives, H.R.
    4002, the Criminal Code Improvement Act of 2015, amends chapter
    1 of title 18, U.S. Code, by reorganizing the general
    provisions that appear at the beginning of chapter 1; providing
    a default mens rea standard that applies for all crimes
    prosecuted in Federal courts, unless another mens rea standard
    has been provided by law, including statutory and well-
    established case law; and creating uniform definitions for
    several terms that are used frequently throughout title 18.

                              Advisory on Earmarks

        In accordance with clause 9 of rule XXI of the Rules of the
    House of Representatives, H.R. 4002 does not contain any
    congressional earmarks, limited tax benefits, or limited tariff
    benefits as defined in clause 9(e), 9(f), or 9(g) of Rule XXI.

                          Section-by-Section Analysis

        The following discussion describes the bill as reported by
    the Committee.
        Section 1. Short Title. This section cites the short title
    of the bill as the ``Criminal Code Improvement Act of 2015.''
        Section 2. Revision of General Provisions for Title 18,
    United States Code. This section amends chapter 1 of title 18,
    United States Code, in three significant ways:

             LFirst, it reorganizes the general provisions
            that appear at the beginning of chapter 1, leaving the
            vast majority of them intact.

             LSecond, it creates a default mens rea
            standard of ``knowingly,'' which applies for all crimes
            prosecuted in Federal courts, unless another mens rea
            standard is articulated.

             LThird, it creates uniform definitions for
            several terms that are used frequently throughout title
            18, including ``State'' and ``serious bodily injury.''
            Those definitions will apply across title 18, unless
            otherwise provided.

        Section 3. Conforming Amendments to Eliminate Repetition in
    the Definition of ``State''. This section eliminates the
    definition of ``State'' in no fewer than 91 places in title 18,
    since section 2 establishes a universal definition for all of
    title 18.
        Section 4. Conforming Amendments to Eliminate Repetitious
    Definitions of ``Serious Bodily Injury''. This section
    eliminates the definition of ``serious bodily injury'' in no
    fewer than 20 places in title 18, since section 2 establishes a
    universal definition for all of title 18. In certain cases,
    however, it leaves definitions intact. For example, 18 U.S.C.
    Sec. 2246 (containing the definitions for the sexual abuse
    chapter) includes ``unconsciousness'' in the definition. That
    definition remains intact.
        Section 5. Elimination of Outmoded References to the Canal
    Zone. This section eliminates three references to the Panama
    Canal Zone. The Panama Canal Zone was abolished on October 1,
    1979, and the canal itself was turned over to the Republic of
    Panama on December 31, 1999.
        Section 6. Inventory and Index of Federal Criminal
    Offenses. This section requires that the Department of Justice
    develop, maintain, and keep up to date a current inventory and
    current subject matter index of all Federal criminal offenses,
    including violations of agency rules or regulations that by
    Federal statute constitute or define Federal criminal offenses.
    This section requires that the Attorney General develop this
    index within 1 year, and make it available to the public on the
    Internet and by any other means the Attorney General deems
    appropriate.

             Changes in Existing Law Made by the Bill, as Reported

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

                          TITLE 18, UNITED STATES CODE

    PART I--CRIMES

               *       *       *       *       *       *       *

                         [CHAPTER 1--GENERAL PROVISIONS

    [Sec. 2. Principals

      [(a) Whoever commits an offense against the United States or
    aids, abets, counsels, commands, induces or procures its
    commission, is punishable as a principal.
      [(b) Whoever willfully causes an act to be done which if
    directly performed by him or another would be an offense
    against the United States, is punishable as a principal.

    [Sec. 3. Accessory after the fact

      [Whoever, knowing that an offense against the United States
    has been committed, receives, relieves, comforts or assists the
    offender in order to hinder or prevent his apprehension, trial
    or punishment, is an accessory after the fact.
      [Except as otherwise expressly provided by any Act of
    Congress, an accessory after the fact shall be imprisoned not
    more than one-half the maximum term of imprisonment or
    (notwithstanding section 3571) fined not more than one-half the
    maximum fine prescribed for the punishment of the principal, or
    both; or if the principal is punishable by life imprisonment or
    death, the accessory shall be imprisoned not more than 15
    years.

    [Sec. 4. Misprision of felony

      [Whoever, having knowledge of the actual commission of a
    felony cognizable by a court of the United States, conceals and
    does not as soon as possible make known the same to some judge
    or other person in civil or military authority under the United
    States, shall be fined under this title or imprisoned not more
    than three years, or both.

    [Sec. 5. United States defined

      [The term ``United States'', as used in this title in a
    territorial sense, includes all places and waters, continental
    or insular, subject to the jurisdiction of the United States,
    except the Canal Zone.

    [Sec. 6. Department and agency defined

      [As used in this title:
      [The term ``department'' means one of the executive
    departments enumerated in section 1 of Title 5, unless the
    context shows that such term was intended to describe the
    executive, legislative, or judicial branches of the government.
      [The term ``agency'' includes any department, independent
    establishment, commission, administration, authority, board or
    bureau of the United States or any corporation in which the
    United States has a proprietary interest, unless the context
    shows that such term was intended to be used in a more limited
    sense.

    [Sec. 7. Special maritime and territorial jurisdiction of the United
                        States defined

      [The term ``special maritime and territorial jurisdiction of
    the United States'', as used in this title, includes:
              [(1) The high seas, any other waters within the
            admiralty and maritime jurisdiction of the United
            States and out of the jurisdiction of any particular
            State, and any vessel belonging in whole or in part to
            the United States or any citizen thereof, or to any
            corporation created by or under the laws of the United
            States, or of any State, Territory, District, or
            possession thereof, when such vessel is within the
            admiralty and maritime jurisdiction of the United
            States and out of the jurisdiction of any particular
            State.
              [(2) Any vessel registered, licensed, or enrolled
            under the laws of the United States, and being on a
            voyage upon the waters of any of the Great Lakes, or
            any of the waters connecting them, or upon the Saint
            Lawrence River where the same constitutes the
            International Boundary Line.
              [(3) Any lands reserved or acquired for the use of
            the United States, and under the exclusive or
            concurrent jurisdiction thereof, or any place purchased
            or otherwise acquired by the United States by consent
            of the legislature of the State in which the same shall
            be, for the erection of a fort, magazine, arsenal,
            dockyard, or other needful building.
              [(4) Any island, rock, or key containing deposits of
            guano, which may, at the discretion of the President,
            be considered as appertaining to the United States.
              [(5) Any aircraft belonging in whole or in part to
            the United States, or any citizen thereof, or to any
            corporation created by or under the laws of the United
            States, or any State, Territory, district, or
            possession thereof, while such aircraft is in flight
            over the high seas, or over any other waters within the
            admiralty and maritime jurisdiction of the United
            States and out of the jurisdiction of any particular
            State.
              [(6) Any vehicle used or designed for flight or
            navigation in space and on the registry of the United
            States pursuant to the Treaty on Principles Governing
            the Activities of States in the Exploration and Use of
            Outer Space, Including the Moon and Other Celestial
            Bodies and the Convention on Registration of Objects
            Launched into Outer Space, while that vehicle is in
            flight, which is from the moment when all external
            doors are closed on Earth following embarkation until
            the moment when one such door is opened on Earth for
            disembarkation or in the case of a forced landing,
            until the competent authorities take over the
            responsibility for the vehicle and for persons and
            property aboard.
              [(7) Any place outside the jurisdiction of any nation
            with respect to an offense by or against a national of
            the United States.
              [(8) To the extent permitted by international law,
            any foreign vessel during a voyage having a scheduled
            departure from or arrival in the United States with
            respect to an offense committed by or against a
            national of the United States.
              [(9) With respect to offenses committed by or against
            a national of the United States as that term is used in
            section 101 of the Immigration and Nationality Act--
                      [(A) the premises of United States
                    diplomatic, consular, military or other United
                    States Government missions or entities in
                    foreign States, including the buildings, parts
                    of buildings, and land appurtenant or ancillary
                    thereto or used for purposes of those missions
                    or entities, irrespective of ownership; and
                      [(B) residences in foreign States and the
                    land appurtenant or ancillary thereto,
                    irrespective of ownership, used for purposes of
                    those missions or entities or used by United
                    States personnel assigned to those missions or
                    entities.
            Nothing in this paragraph shall be deemed to supersede
            any treaty or international agreement with which this
            paragraph conflicts.
            This paragraph does not apply with respect to an
            offense committed by a person described in section
            3261(a) of this title.

    [Sec. 8. Obligation or other security of the United States defined

      [The term ``obligation or other security of the United
    States'' includes all bonds, certificates of indebtedness,
    national bank currency, Federal Reserve notes, Federal Reserve
    bank notes, coupons, United States notes, Treasury notes, gold
    certificates, silver certificates, fractional notes,
    certificates of deposit, bills, checks, or drafts for money,
    drawn by or upon authorized officers of the United States,
    stamps and other representatives of value, of whatever
    denomination, issued under any Act of Congress, and canceled
    United States stamps.

    [Sec. 9. Vessel of the United States defined

      [The term ``vessel of the United States'', as used in this
    title, means a vessel belonging in whole or in part to the
    United States, or any citizen thereof, or any corporation
    created by or under the laws of the United States, or of any
    State, Territory, District, or possession thereof.

    [Sec. 10. Interstate commerce and foreign commerce defined

      [The term ``interstate commerce'', as used in this title,
    includes commerce between one State, Territory, Possession, or
    the District of Columbia and another State, Territory,
    Possession, or the District of Columbia.
      [The term ``foreign commerce'', as used in this title,
    includes commerce with a foreign country.

    [Sec. 11. Foreign government defined

      [The term ``foreign government'', as used in this title
    except in sections 112, 878, 970, 1116, and 1201, includes any
    government, faction, or body of insurgents within a country
    with which the United States is at peace, irrespective of
    recognition by the United States.

    [Sec. 12. United States Postal Service defined

      [As used in this title, the term ``Postal Service'' means the
    United States Postal Service established under title 39, and
    every officer and employee of that Service, whether or not such
    officer or employee has taken the oath of office.

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

      [(a) Whoever within or upon any of the places now existing or
    hereafter reserved or acquired as provided in section 7 of this
    title, or on, above, or below any portion of the territorial
    sea of the United States not within the jurisdiction of any
    State, Commonwealth, territory, possession, or district is
    guilty of any act or omission which, although not made
    punishable by any enactment of Congress, would be punishable if
    committed or omitted within the jurisdiction of the State,
    Territory, Possession, or District in which such place is
    situated, by the laws thereof in force at the time of such act
    or omission, shall be guilty of a like offense and subject to a
    like punishment.
      [(b)(1) Subject to paragraph (2) and for purposes of
    subsection (a) of this section, that which may or shall be
    imposed through judicial or administrative action under the law
    of a State, territory, possession, or district, for a
    conviction for operating a motor vehicle under the influence of
    a drug or alcohol, shall be considered to be a punishment
    provided by that law. Any limitation on the right or privilege
    to operate a motor vehicle imposed under this subsection shall
    apply only to the special maritime and territorial jurisdiction
    of the United States.
      [(2)(A) In addition to any term of imprisonment provided for
    operating a motor vehicle under the influence of a drug or
    alcohol imposed under the law of a State, territory,
    possession, or district, the punishment for such an offense
    under this section shall include an additional term of
    imprisonment of not more than 1 year, or if serious bodily
    injury of a minor is caused, not more than 5 years, or if death
    of a minor is caused, not more than 10 years, and an additional
    fine under this title, or both, if--
              [(i) a minor (other than the offender) was present in
            the motor vehicle when the offense was committed; and
              [(ii) the law of the State, territory, possession, or
            district in which the offense occurred does not provide
            an additional term of imprisonment under the
            circumstances described in clause (i).
      [(B) For the purposes of subparagraph (A), the term ``minor''
    means a person less than 18 years of age.
      [(c) Whenever any waters of the territorial sea of the United
    States lie outside the territory of any State, Commonwealth,
    territory, possession, or district, such waters (including the
    airspace above and the seabed and subsoil below, and artificial
    islands and fixed structures erected thereon) shall be deemed,
    for purposes of subsection (a), to lie within the area of the
    State, Commonwealth, territory, possession, or district that it
    would lie within if the boundaries of such State, Commonwealth,
    territory, possession, or district were extended seaward to the
    outer limit of the territorial sea of the United States.

    [Sec. 15. Obligation or other security of foreign government defined

      [The term ``obligation or other security of any foreign
    government'' includes, but is not limited to, uncanceled
    stamps, whether or not demonetized.

    [Sec. 16. Crime of violence defined

      [The term ``crime of violence'' means--
              [(a) an offense that has as an element the use,
            attempted use, or threatened use of physical force
            against the person or property of another, or
              [(b) any other offense that is a felony and that, by
            its nature, involves a substantial risk that physical
            force against the person or property of another may be
            used in the course of committing the offense.

    [Sec. 17. Insanity defense

      [(a) Affirmative Defense.--It is an affirmative defense to a
    prosecution under any Federal statute that, at the time of the
    commission of the acts constituting the offense, the defendant,
    as a result of a severe mental disease or defect, was unable to
    appreciate the nature and quality or the wrongfulness of his
    acts. Mental disease or defect does not otherwise constitute a
    defense.
      [(b) Burden of Proof.--The defendant has the burden of
    proving the defense of insanity by clear and convincing
    evidence.

    [Sec. 18. Organization defined

      [As used in this title, the term ``organization'' means a
    person other than an individual.

    [Sec. 19. Petty offense defined

      [As used in this title, the term ``petty offense'' means a
    Class B misdemeanor, a Class C misdemeanor, or an infraction,
    for which the maximum fine is no greater than the amount set
    forth for such an offense in section 3571(b)(6) or (7) in the
    case of an individual or section 3571(c)(6) or (7) in the case
    of an organization.

    [Sec. 20. Financial institution defined

      [As used in this title, the term ``financial institution''
    means--
              [(1) an insured depository institution (as defined in
            section 3(c)(2) of the Federal Deposit Insurance Act);
              [(2) a credit union with accounts insured by the
            National Credit Union Share Insurance Fund;
              [(3) a Federal home loan bank or a member, as defined
            in section 2 of the Federal Home Loan Bank Act (12
            U.S.C. 1422), of the Federal home loan bank system;
              [(4) a System institution of the Farm Credit System,
            as defined in section 5.35(3) of the Farm Credit Act of
            1971;
              [(5) a small business investment company, as defined
            in section 103 of the Small Business Investment Act of
            1958 (15 U.S.C. 662);
              [(6) a depository institution holding company (as
            defined in section 3(w)(1) of the Federal Deposit
            Insurance Act;
              [(7) a Federal Reserve bank or a member bank of the
            Federal Reserve System;
              [(8) an organization operating under section 25 or
            section 25(a) of the Federal Reserve Act;
              [(9) a branch or agency of a foreign bank (as such
            terms are defined in paragraphs (1) and (3) of section
            1(b) of the International Banking Act of 1978); or
              [(10) a mortgage lending business (as defined in
            section 27 of this title) or any person or entity that
            makes in whole or in part a federally related mortgage
            loan as defined in section 3 of the Real Estate
            Settlement Procedures Act of 1974.

    [Sec. 21. Stolen or counterfeit nature of property for certain crimes
                        defined

      [(a) Wherever in this title it is an element of an offense
    that--
              [(1) any property was embezzled, robbed, stolen,
            converted, taken, altered, counterfeited, falsely made,
            forged, or obliterated; and
              [(2) the defendant knew that the property was of such
            character;
    such element may be established by proof that the defendant,
    after or as a result of an official representation as to the
    nature of the property, believed the property to be embezzled,
    robbed, stolen, converted, taken, altered, counterfeited,
    falsely made, forged, or obliterated.
      [(b) For purposes of this section, the term ``official
    representation'' means any representation made by a Federal law
    enforcement officer (as defined in section 115) or by another
    person at the direction or with the approval of such an
    officer.

    [Sec. 23. Court of the United States defined

      [As used in this title, except where otherwise expressly
    provided the term ``court of the United States'' includes the
    District Court of Guam, the District Court for the Northern
    Mariana Islands, and the District Court of the Virgin Islands.

    [Sec. 24. Definitions relating to Federal health care offense

      [(a) As used in this title, the term ``Federal health care
    offense'' means a violation of, or a criminal conspiracy to
    violate--
              [(1) section 669, 1035, 1347, or 1518 of this title
            or section 1128B of the Social Security Act (42 U.S.C.
            1320a-7b); or
              [(2) section 287, 371, 664, 666, 1001, 1027, 1341,
            1343, 1349, or 1954 of this title section 301 of the
            Federal Food, Drug, and Cosmetic Act (21 U.S.C. 331),
            or section 501 of the Employee Retirement Income
            Security Act of 1974 (29 U.S.C. 1131), or section 411,
            518, or 511 of the Employee Retirement Income Security
            Act of 1974,, if the violation or conspiracy relates to
            a health care benefit program.
      [(b) As used in this title, the term ``health care benefit
    program'' means any public or private plan or contract,
    affecting commerce, under which any medical benefit, item, or
    service is provided to any individual, and includes any
    individual or entity who is providing a medical benefit, item,
    or service for which payment may be made under the plan or
    contract.

    [Sec. 25. Use of minors in crimes of violence

      [(a) Definitions.--In this section, the following definitions
    shall apply:
              [(1) Crime of violence.--The term ``crime of
            violence'' has the meaning set forth in section 16.
              [(2) Minor.--The term ``minor'' means a person who
            has not reached 18 years of age.
              [(3) Uses.--The term ``uses'' means employs, hires,
            persuades, induces, entices, or coerces.
      [(b) Penalties.--Any person who is 18 years of age or older,
    who intentionally uses a minor to commit a crime of violence
    for which such person may be prosecuted in a court of the
    United States, or to assist in avoiding detection or
    apprehension for such an offense, shall--
              [(1) for the first conviction, be subject to twice
            the maximum term of imprisonment and twice the maximum
            fine that would otherwise be authorized for the
            offense; and
              [(2) for each subsequent conviction, be subject to 3
            times the maximum term of imprisonment and 3 times the
            maximum fine that would otherwise be authorized for the
            offense.

    [Sec. 26. Definition of seaport

      [As used in this title, the term ``seaport'' means all piers,
    wharves, docks, and similar structures, adjacent to any waters
    subject to the jurisdiction of the United States, to which a
    vessel may be secured, including areas of land, water, or land
    and water under and in immediate proximity to such structures,
    buildings on or contiguous to such structures, and the
    equipment and materials on such structures or in such
    buildings.

    [Sec. 27. Mortgage lending business defined

      [In this title, the term ``mortgage lending business'' means
    an organization which finances or refinances any debt secured
    by an interest in real estate, including private mortgage
    companies and any subsidiaries of such organizations, and whose
    activities affect interstate or foreign commerce.]

                         CHAPTER 1--GENERAL PROVISIONS

    Subchapter
           Definitions.....................................................1
           Principal and derivative criminal responsibility................5
           Criminal states of mind........................................11
          Defenses........................................................15
           Derivation of offenses from relevant State offences in special E.
            jurisdiction..................................................20
          Other General Provisions........................................21

                           SUBCHAPTER A--DEFINITIONS

    Sec.
    1. Definitions for title.

    Sec. 1. Definitions for title

      In this title, the following definitions apply unless
    otherwise provided:
              (1) The term ``United States'' when used in a
            territorial sense, includes all places and waters,
            continental or insular, subject to the jurisdiction of
            the United States.
              (2) The term ``department'' means one of the
            executive departments enumerated in section 1 of title
            5, unless the context shows that such term was intended
            to describe the executive, legislative, or judicial
            branches of the Government.
              (3) The term ``agency'' includes any department,
            independent establishment, commission, administration,
            authority, board, or bureau of the United States or any
            corporation in which the United States has a
            proprietary interest, unless the context shows that
            such term was intended to be used in a more limited
            sense.
              (4) The term ``State'' means a State of the United
            States, the District of Columbia, or any commonwealth,
            territory, or possession of the United States.
              (5) The term ``special maritime and territorial
            jurisdiction of the United States'' is as follows:
                      (A) The high seas, any other waters within
                    the admiralty and maritime jurisdiction of the
                    United States and out of the jurisdiction of
                    any particular State, and any vessel belonging
                    in whole or in part to the United States or any
                    citizen thereof, or to any corporation created
                    by or under the laws of the United States, or
                    of any State, when such vessel is within the
                    admiralty and maritime jurisdiction of the
                    United States and out of the jurisdiction of
                    any particular State.
                      (B) Any vessel registered, licensed, or
                    enrolled under the laws of the United States,
                    and being on a voyage upon the waters of any of
                    the Great Lakes, or any of the waters
                    connecting them, or upon the Saint Lawrence
                    River where the same constitutes the
                    International Boundary Line.
                      (C) Any lands reserved or acquired for the
                    use of the United States, and under the
                    exclusive or concurrent jurisdiction thereof,
                    or any place purchased or otherwise acquired by
                    the United States by consent of the legislature
                    of the State in which the same shall be, for
                    the erection of a fort, magazine, arsenal,
                    dockyard, or other needful building.
                      (D) Any island, rock, or key containing
                    deposits of guano, which may, at the discretion
                    of the President, be considered as appertaining
                    to the United States.
                      (E) Any aircraft belonging in whole or in
                    part to the United States, or any citizen
                    thereof, or to any corporation created by or
                    under the laws of the United States, or any
                    State, while such aircraft is in flight over
                    the high seas, or over any other waters within
                    the admiralty and maritime jurisdiction of the
                    United States and out of the jurisdiction of
                    any particular State.
                      (F) Any vehicle used or designed for flight
                    or navigation in space and on the registry of
                    the United States pursuant to the Treaty on
                    Principles Governing the Activities of States
                    in the Exploration and Use of Outer Space,
                    Including the Moon and Other Celestial Bodies
                    and the Convention on Registration of Objects
                    Launched into Outer Space, while that vehicle
                    is in flight, which is from the moment when all
                    external doors are closed on Earth following
                    embarkation until the moment when one such door
                    is opened on Earth for disembarkation or in the
                    case of a forced landing, until the competent
                    authorities take over the responsibility for
                    the vehicle and for persons and property
                    aboard.
                      (G) Any place outside the jurisdiction of any
                    nation with respect to an offense by or against
                    a national of the United States.
                      (H) To the extent permitted by international
                    law, any foreign vessel during a voyage having
                    a scheduled departure from or arrival in the
                    United States with respect to an offense
                    committed by or against a national of the
                    United States.
                      (I) With respect to offenses committed by or
                    against a national of the United States as that
                    term is used in section 101 of the Immigration
                    and Nationality Act--
                              (i) the premises of United States
                            diplomatic, consular, military, or
                            other United States Government missions
                            or entities in foreign states,
                            including the buildings, parts of
                            buildings, and land appurtenant or
                            ancillary thereto or used for purposes
                            of those missions or entities,
                            irrespective of ownership; and
                              (ii) residences in foreign states and
                            the land appurtenant or ancillary
                            thereto, irrespective of ownership,
                            used for purposes of those missions or
                            entities or used by United States
                            personnel assigned to those missions or
                            entities.
                      (J) Nothing in subparagraph (I) supersedes
                    any treaty or international agreement with
                    which this clause conflicts. Subparagraph (I)
                    does not apply with respect to an offense
                    committed by a person described in section
                    3261(a).
              (6) The term ``vessel of the United States'' means a
            vessel belonging in whole or in part to the United
            States, or any citizen thereof, or any corporation
            created by or under the laws of the United States, or
            of any State.
              (7) The term ``obligation or other security of the
            United States'' includes all bonds, certificates of
            indebtedness, national bank currency, Federal Reserve
            notes, Federal Reserve bank notes, coupons, United
            States notes, Treasury notes, gold certificates, silver
            certificates, fractional notes, certificates of
            deposit, bills, checks, or drafts for money, drawn by
            or upon authorized officers of the United States,
            stamps and other representatives of value, of whatever
            denomination, issued under any Act of Congress, and
            canceled United States stamps.
              (8) The term ``foreign government'' except in
            sections 112, 878, 970, 1116, and 1201, includes any
            government, faction, or body of insurgents within a
            country with which the United States is at peace,
            irrespective of recognition by the United States.
              (9) The term ``obligation or other security of any
            foreign government'' includes uncanceled stamps,
            whether or not demonetized.
              (10) The term ``interstate commerce'' means commerce
            between or among more than one State.
              (11) The term ``foreign commerce'' means commerce
            with a foreign country.
              (12) The term ``Postal Service'' means the United
            States Postal Service established under title 39, and
            every officer and employee of that Service, whether or
            not such officer or employee has taken the oath of
            office.
              (13) The term ``crime of violence'' means--
                      (A) an offense that has as an element the
                    use, attempted use, or threatened use of
                    physical force against the person or property
                    of another; or
                      (B) any other offense that is a felony and
                    that, by its nature, involves a substantial
                    risk that physical force against the person or
                    property of another may be used in the course
                    of committing the offense.
              (14) The term ``organization'' means a person other
            than an individual.
              (15) The term ``petty offense'' means a Class B
            misdemeanor, a Class C misdemeanor, or an infraction,
            for which the maximum fine is no greater than the
            amount set forth for such an offense in section
            3571(b)(6) or (7) in the case of an individual or
            section 3571(c)(6) or (7) in the case of an
            organization.
              (16) The term ``financial institution'' means--
                      (A) an insured depository institution (as
                    defined in section 3(c)(2) of the Federal
                    Deposit Insurance Act);
                      (B) a credit union with accounts insured by
                    the National Credit Union Share Insurance Fund;
                      (C) a Federal home loan bank or a member, as
                    defined in section 2 of the Federal Home Loan
                    Bank Act, of the Federal home loan bank system;
                      (D) a System institution of the Farm Credit
                    System, as defined in section 5.35(3) of the
                    Farm Credit Act of 1971;
                      (E) a small business investment company, as
                    defined in section 103 of the Small Business
                    Investment Act of 1958;
                      (F) a depository institution holding company
                    (as defined in section 3(w)(1) of the Federal
                    Deposit Insurance Act;
                      (G) a Federal Reserve bank or a member bank
                    of the Federal Reserve System;
                      (H) an organization operating under section
                    25 or section 25A of the Federal Reserve Act;
                      (I) a branch or agency of a foreign bank (as
                    such terms are defined respectively in section
                    1(b) of the International Banking Act of 1978);
                    or
                      (J) a mortgage lending business or any person
                    or entity that makes in whole or in part a
                    federally related mortgage loan as defined in
                    section 3 of the Real Estate Settlement
                    Procedures Act of 1974.
              (17) The term ``mortgage lending business'' means an
            organization which finances or refinances any debt
            secured by an interest in real estate, including
            private mortgage companies and any subsidiaries of such
            organizations, and whose activities affect interstate
            or foreign commerce.
              (18) The term ``court of the United States'' includes
            the District Court of Guam, the District Court for the
            Northern Mariana Islands, and the District Court of the
            Virgin Islands.
              (19) The term ``Federal health care offense'' means a
            violation of, or a criminal conspiracy to violate--
                      (A) section 669, 1035, 1347, or 1518 of this
                    title or section 1128B of the Social Security
                    Act; or
                      (B) section 287, 371, 664, 666, 1001, 1027,
                    1341, 1343, 1349, or 1954 of this title,
                    section 301 of the Federal Food, Drug, and
                    Cosmetic Act, section 501 of the Employee
                    Retirement Income Security Act of 1974, or
                    section 411, 518, or 511 of the Employee
                    Retirement Income Security Act of 1974, if the
                    violation or conspiracy relates to a health
                    care benefit program.
              (20) The term ``health care benefit program'' means
            any public or private plan or contract, affecting
            interstate commerce or foreign commerce, under which
            any medical benefit, item, or service is provided to
            any individual, and includes any individual or entity
            who is providing a medical benefit, item, or service
            for which payment may be made under the plan or
            contract.
              (21) The term ``seaport'' means all piers, wharves,
            docks, and similar structures, adjacent to any waters
            subject to the jurisdiction of the United States, to
            which a vessel may be secured, including areas of land,
            water, or land and water under and in immediate
            proximity to such structures, buildings on or
            contiguous to such structures, and the equipment and
            materials on such structures or in such buildings.
              (22) The term ``serious bodily injury'' means bodily
            injury which involves--
                      (A) a substantial risk of death;
                      (B) extreme physical pain;
                      (C) protracted and obvious disfigurement; or
                      (D) protracted loss or impairment of the
                    function of a bodily member, organ, or mental
                    faculty.
              (23) The term ``bodily injury'' means--
                      (A) a cut, abrasion, bruise, burn, or
                    disfigurement;
                      (B) physical pain;
                      (C) illness;
                      (D) impairment of the function of a bodily
                    member, organ, or mental faculty; or
                      (E) any other injury to the body, no matter
                    how temporary.

         SUBCHAPTER B--PRINCIPAL AND DERIVATIVE CRIMINAL RESPONSIBILITY

    Sec.
    5. Principals.
    6. Accessory after the fact.
    7. Misprision of felony.
    8. Use of minors in crimes of violence.

    Sec. 5. Principals

      (a) Whoever commits an offense against the United States or
    aids, abets, counsels, commands, induces, or procures its
    commission, is punishable as a principal.
      (b) Whoever willfully causes an act to be done which if
    directly performed by him or another would be an offense
    against the United States, is punishable as a principal.

    Sec. 6. Accessory after the fact

      (a) Whoever, knowing that an offense against the United
    States has been committed, receives, relieves, comforts, or
    assists the offender in order to hinder or prevent his
    apprehension, trial, or punishment, is an accessory after the
    fact.
      (b) Except as otherwise expressly provided by any Act of
    Congress, an accessory after the fact shall be imprisoned not
    more than one-half the maximum term of imprisonment or
    (notwithstanding section 3571) fined not more than one-half the
    maximum fine prescribed for the punishment of the principal, or
    both; or if the principal is punishable by life imprisonment or
    death, the accessory shall be imprisoned not more than 15
    years.

    Sec. 7. Misprision of felony

      Whoever, having knowledge of the actual commission of a
    felony cognizable by a court of the United States, conceals and
    does not as soon as possible make known the same to some judge
    or other person in civil or military authority under the United
    States, shall be fined under this title or imprisoned not more
    than three years, or both.

    Sec. 8. Use of minors in crimes of violence

      (a) Definitions.--In this section--
              (1) the term ``minor'' means a person who has not
            reached 18 years of age; and
              (2) the term ``uses'' means employs, hires,
            persuades, induces, entices, or coerces.
      (b) Penalties.--Any person who is 18 years of age or older,
    who intentionally uses a minor to commit a crime of violence
    for which such person may be prosecuted in a court of the
    United States, or to assist in avoiding detection or
    apprehension for such an offense, shall--
              (1) for the first conviction, be subject to twice the
            maximum term of imprisonment and twice the maximum fine
            that would otherwise be authorized for the offense; and
              (2) for each subsequent conviction, be subject to 3
            times the maximum term of imprisonment and 3 times the
            maximum fine that would otherwise be authorized for the
            offense.

                     SUBCHAPTER C--CRIMINAL STATES OF MIND

    Sec.
    11. Default state of mind proof requirement in Federal criminal cases.
    12. Stolen or counterfeit nature of property for certain crimes defined.

    Sec. 11. Default state of mind proof requirement in Federal criminal
                        cases

      If no state of mind is required by law for a Federal criminal
    offense--
              (1) the state of mind the Government must prove is
            knowing; and
              (2) if the offense consists of conduct that a
            reasonable person in the same or similar circumstances
            would not know, or would not have reason to believe,
            was unlawful, the Government must prove that the
            defendant knew, or had reason to believe, the conduct
            was unlawful.

    Sec. 12. Stolen or counterfeit nature of property for certain crimes
                        defined

      (a) Wherever in this title it is an element of an offense
    that--
              (1) any property was embezzled, robbed, stolen,
            converted, taken, altered, counterfeited, falsely made,
            forged, or obliterated; and
              (2) the defendant knew that the property was of such
            character;
    such element may be established by proof that the defendant,
    after or as a result of an official representation as to the
    nature of the property, believed the property to be embezzled,
    robbed, stolen, converted, taken, altered, counterfeited,
    falsely made, forged, or obliterated.
      (b) In this section, the term ``official representation''
    means any representation made by a Federal law enforcement
    officer (as defined in section 115) or by another person at the
    direction or with the approval of such an officer.

                         SUBCHAPTER D--INSANITY DEFENSE

    15. Insanity defenses

    Sec. 15. Insanity defense

      (a) In General.--It is an affirmative defense to a
    prosecution under any Federal statute that, at the time of the
    commission of the acts constituting the offense, the defendant,
    as a result of a severe mental disease or defect, was unable to
    appreciate the nature and quality or the wrongfulness of his
    acts. Mental disease or defect does not otherwise constitute a
    defense.
      (b) Burden of Proof for Insanity Defense.--The defendant has
    the burden of proving the defense of insanity by clear and
    convincing evidence.

     SUBCHAPTER E--DERIVATION OF OFFENSES FROM RELEVANT STATE OFFENSES IN
                              SPECIAL JURISDICTION

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

    Sec. 20. Laws of States adopted for areas within Federal jurisdiction

      (a) Whoever within the special maritime and territorial
    jurisdiction of the United States or on, above, or below any
    portion of the territorial sea of the United States not within
    the jurisdiction of any State is guilty of any act or omission
    which, although not made punishable by any enactment of
    Congress, would be punishable if committed or omitted within
    the jurisdiction of the State in which such place is situated,
    by the laws thereof in force at the time of such act or
    omission, shall be guilty of a like offense and subject to a
    like punishment.
      (b)(1) Subject to paragraph (2) and for purposes of
    subsection (a) of this section, that which may or shall be
    imposed through judicial or administrative action under the law
    of a State for a conviction for operating a motor vehicle under
    the influence of a drug or alcohol, shall be considered to be a
    punishment provided by that law. Any limitation on the right or
    privilege to operate a motor vehicle imposed under this
    subsection shall apply only to the special maritime and
    territorial jurisdiction of the United States.
      (2)(A) In addition to any term of imprisonment provided for
    operating a motor vehicle under the influence of a drug or
    alcohol imposed under the law of a State, the punishment for
    such an offense under this section shall include an additional
    term of imprisonment of not more than 1 year, or if serious
    bodily injury of a minor is caused, not more than 5 years, or
    if death of a minor is caused, not more than 10 years, and an
    additional fine under this title, or both, if--
              (i) a minor (other than the offender) was present in
            the motor vehicle when the offense was committed; and
              (ii) the law of the State in which the offense
            occurred does not provide an additional term of
            imprisonment under the circumstances described in
            clause (i).
      (B) For the purposes of subparagraph (A), the term ``minor''
    means a person less than 18 years of age.
      (c) Whenever any waters of the territorial sea of the United
    States lie outside the territory of any State, such waters
    (including the airspace above and the seabed and subsoil below,
    and artificial islands and fixed structures erected thereon)
    shall be deemed, for purposes of subsection (a), to lie within
    the area of the State that it would lie within if the
    boundaries of such State, Commonwealth, territory, possession,
    or district were extended seaward to the outer limit of the
    territorial sea of the United States.

                     SUBCHAPTER F--OTHER GENERAL PROVISIONS

    Sec.
    21. Non-preemption.
    22. Extraterritorial jurisdiction over derivative offenses.

    Sec. 21. Non-preemption

      The existence of a Federal criminal offense does not preclude
    the application of a State or local law to the conduct
    proscribed by the offense, unless the law specifically so
    provides or the State or local law requires conduct
    constituting the Federal criminal offense.

    Sec. 22. Extraterritorial jurisdiction over derivative offenses

      If extraterritorial jurisdiction exists for an offense
    defined by a provision of law, then extraterritorial
    jurisdiction also exists for any offense arising under
    subchapter B as a result of conduct with respect the offense so
    defined.

               *       *       *       *       *       *       *

                     CHAPTER 2--AIRCRAFT AND MOTOR VEHICLES

    Sec. 31. Definitions

      (a) Definitions.--In this chapter, the following definitions
    apply:
              (1) Aircraft.--The term ``aircraft'' means a civil,
            military, or public contrivance invented, used, or
            designed to navigate, fly, or travel in the air.
              (2) Aviation quality.--The term ``aviation quality'',
            with respect to a part of an aircraft or space vehicle,
            means the quality of having been manufactured,
            constructed, produced, maintained, repaired,
            overhauled, rebuilt, reconditioned, or restored in
            conformity with applicable standards specified by law
            (including applicable regulations).
              (3) Destructive substance.--The term ``destructive
            substance'' means an explosive substance, flammable
            material, infernal machine, or other chemical,
            mechanical, or radioactive device or matter of a
            combustible, contaminative, corrosive, or explosive
            nature.
              (4) In flight.--The term ``in flight'' means--
                      (A) any time from the moment at which all the
                    external doors of an aircraft are closed
                    following embarkation until the moment when any
                    such door is opened for disembarkation; and
                      (B) in the case of a forced landing, until
                    competent authorities take over the
                    responsibility for the aircraft and the persons
                    and property on board.
              (5) In service.--The term ``in service'' means--
                      (A) any time from the beginning of preflight
                    preparation of an aircraft by ground personnel
                    or by the crew for a specific flight until 24
                    hours after any landing; and
                      (B) in any event includes the entire period
                    during which the aircraft is in flight.
              (6) Motor vehicle.--The term ``motor vehicle'' means
            every description of carriage or other contrivance
            propelled or drawn by mechanical power and used for
            commercial purposes on the highways in the
            transportation of passengers, passengers and property,
            or property or cargo.
              (7) Part.--The term ``part'' means a frame, assembly,
            component, appliance, engine, propeller, material,
            part, spare part, piece, section, or related integral
            or auxiliary equipment.
              (8) Space vehicle.--The term ``space vehicle'' means
            a man-made device, either manned or unmanned, designed
            for operation beyond the Earth's atmosphere.
              [(9) State.--The term ``State'' means a State of the
            United States, the District of Columbia, and any
            commonwealth, territory, or possession of the United
            States.]
              (10) Used for commercial purposes.--The term ``used
            for commercial purposes'' means the carriage of persons
            or property for any fare, fee, rate, charge or other
            consideration, or directly or indirectly in connection
            with any business, or other undertaking intended for
            profit.
      (b) Terms Defined in Other Law.--In this chapter, the terms
    ``aircraft engine'', ``air navigation facility'',
    ``appliance'', ``civil aircraft'', ``foreign air commerce'',
    ``interstate air commerce'', ``landing area'', ``overseas air
    commerce'', ``propeller'', ``spare part'', and ``special
    aircraft jurisdiction of the United States'' have the meanings
    given those terms in sections 40102(a) and 46501 of title 49.

               *       *       *       *       *       *       *

    Sec. 37. Violence at international airports

      (a) Offense.--A person who unlawfully and intentionally,
    using any device, substance, or weapon--
              (1) performs an act of violence against a person at
            an airport serving international civil aviation that
            causes or is likely to cause serious bodily injury [(as
            defined in section 1365 of this title)] or death; or
              (2) destroys or seriously damages the facilities of
            an airport serving international civil aviation or a
            civil aircraft not in service located thereon or
            disrupts the services of the airport,
    if such an act endangers or is likely to endanger safety at
    that airport, or attempts or conspires to do such an act, shall
    be fined under this title, imprisoned not more than 20 years,
    or both; and if the death of any person results from conduct
    prohibited by this subsection, shall be punished by death or
    imprisoned for any term of years or for life.
      (b) Jurisdiction.--There is jurisdiction over the prohibited
    activity in subsection (a) if--
              (1) the prohibited activity takes place in the United
            States; or
              (2) the prohibited activity takes place outside the
            United States and (A)the offender is later found in the
            United States; or (B) an offender or a victim is a
            national of the United States (as defined in section
            101(a)(22) of the Immigration and Nationality Act (8
            U.S.C. 1101(a)(22))).
      (c) Bar to prosecution.--It is a bar to Federal prosecution
    under subsection (a) for conduct that occurred within the
    United States that the conduct involved was during or in
    relation to a labor dispute, and such conduct is prohibited as
    a felony under the law of the State in which it was committed.
    For purposes of this section, the term ``labor dispute'' has
    the meaning set forth in section 2(c) of the Norris-LaGuardia
    Act, as amended (29 U.S.C. 113(c))[, and the term ``State''
    means a State of the United States, the District of Columbia,
    and any commonwealth, territory, or possession of the United
    States.].

    Sec. 38. Fraud involving aircraft or space vehicle parts in interstate
                        or foreign commerce

      (a) Offenses.--Whoever, in or affecting interstate or foreign
    commerce, knowingly and with the intent to defraud--
              (1)(A) falsifies or conceals a material fact
            concerning any aircraft or space vehicle part;
              (B) makes any materially fraudulent representation
            concerning any aircraft or space vehicle part; or
              (C) makes or uses any materially false writing,
            entry, certification, document, record, data plate,
            label, or electronic communication concerning any
            aircraft or space vehicle part;
              (2) exports from or imports or introduces into the
            United States, sells, trades, installs on or in any
            aircraft or space vehicle any aircraft or space vehicle
            part using or by means of a fraudulent representation,
            document, record, certification, depiction, data plate,
            label, or electronic communication; or
              (3) attempts or conspires to commit an offense
            described in paragraph (1) or (2),
    shall be punished as provided in subsection (b).
      (b) Penalties.--The punishment for an offense under
    subsection (a) is as follows:
              (1) Aviation quality.--If the offense relates to the
            aviation quality of a part and the part is installed in
            an aircraft or space vehicle, a fine of not more than
            $500,000, imprisonment for not more than 15 years, or
            both.
              (2) Failure to operate as represented.--If, by reason
            of the failure of the part to operate as represented,
            the part to which the offense is related is the
            proximate cause of a malfunction or failure that
            results in serious bodily injury [(as defined in
            section 1365)], a fine of not more than $1,000,000,
            imprisonment for not more than 20 years, or both.
              (3) Failure resulting in death.--If, by reason of the
            failure of the part to operate as represented, the part
            to which the offense is related is the proximate cause
            of a malfunction or failure that results in the death
            of any person, a fine of not more than $1,000,000,
            imprisonment for any term of years or life, or both.
              (4) Other circumstances.--In the case of an offense
            under subsection (a) not described in paragraph (1),
            (2), or (3) of this subsection, a fine under this
            title, imprisonment for not more than 10 years, or
            both.
              (5) Organizations.--If the offense is committed by an
            organization, a fine of not more than--
                      (A) $10,000,000 in the case of an offense
                    described in paragraph (1) or (4); and
                      (B) $20,000,000 in the case of an offense
                    described in paragraph (2) or (3).
      (c) Civil Remedies.--
              (1) In general.--The district courts of the United
            States shall have jurisdiction to prevent and restrain
            violations of this section by issuing appropriate
            orders, including--
                      (A) ordering a person (convicted of an
                    offense under this section) to divest any
                    interest, direct or indirect, in any enterprise
                    used to commit or facilitate the commission of
                    the offense, or to destroy, or to mutilate and
                    sell as scrap, aircraft material or part
                    inventories or stocks;
                      (B) imposing reasonable restrictions on the
                    future activities or investments of any such
                    person, including prohibiting engagement in the
                    same type of endeavor as used to commit the
                    offense; and
                      (C) ordering the dissolution or
                    reorganization of any enterprise knowingly used
                    to commit or facilitate the commission of an
                    offense under this section making due
                    provisions for the rights and interests of
                    innocent persons.
              (2) Restraining orders and prohibition.--Pending
            final determination of a proceeding brought under this
            section, the court may enter such restraining orders or
            prohibitions, or take such other actions (including the
            acceptance of satisfactory performance bonds) as the
            court deems proper.
              (3) Estoppel.--A final judgment rendered in favor of
            the United States in any criminal proceeding brought
            under this section shall stop the defendant from
            denying the essential allegations of the criminal
            offense in any subsequent civil proceeding brought by
            the United States.
      (d) Criminal Forfeiture.--
              (1) In general.--The court, in imposing sentence on
            any person convicted of an offense under this section,
            shall order, in addition to any other sentence and
            irrespective of any provision of State law, that the
            person forfeit to the United States--
                      (A) any property constituting, or derived
                    from, any proceeds that the person obtained,
                    directly or indirectly, as a result of the
                    offense; and
                      (B) any property used, or intended to be used
                    in any manner, to commit or facilitate the
                    commission of the offense, if the court in its
                    discretion so determines, taking into
                    consideration the nature, scope, and
                    proportionality of the use of the property on
                    the offense.
              (2) Application of other law.--The forfeiture of
            property under this section, including any seizure and
            disposition of the property, and any proceedings
            relating to the property, shall be governed by section
            413 of the Comprehensive Drug Abuse and Prevention Act
            of 1970 (21 U.S.C. 853) (not including subsection (d)
            of that section).
      (e) Construction With Other Law.--This section does not
    preempt or displace any other remedy, civil or criminal,
    provided by Federal or State law for the fraudulent
    importation, sale, trade, installation, or introduction into
    commerce of an aircraft or space vehicle part.
      (f) Territorial Scope.--This section also applies to conduct
    occurring outside the United States if--
              (1) the offender is a natural person who is a citizen
            or permanent resident alien of the United States, or an
            organization organized under the laws of the United
            States or political subdivision thereof;
              (2) the aircraft or spacecraft part as to which the
            violation relates was installed in an aircraft or space
            vehicle owned or operated at the time of the offense by
            a citizen or permanent resident alien of the United
            States, or by an organization thereof; or
              (3) an act in furtherance of the offense was
            committed in the United States.

               *       *       *       *       *       *       *

    CHAPTER 3--ANIMALS, BIRDS, FISH, AND PLANTS

               *       *       *       *       *       *       *

    Sec. 48. Animal crush videos

      (a) Definition.--In this section the term ``animal crush
    video'' means any photograph, motion-picture film, video or
    digital recording, or electronic image that--
              [(1) depicts actual conduct in which 1 or more living
            non- human mammals, birds, reptiles, or amphibians is
            intentionally crushed, burned, drowned, suffocated,
            impaled, or otherwise subjected to serious bodily
            injury [(as defined in section 1365 and including] or
            conduct that, if committed against a person and in the
            special maritime and territorial jurisdiction of the
            United States, would violate section 2241 or 2242[)];
            and]
              (2) is obscene.
      (b) Prohibitions.--
              (1) Creation of animal crush videos.--It shall be
            unlawful for any person to knowingly create an animal
            crush video, if--
                      (A) the person intends or has reason to know
                    that the animal crush video will be distributed
                    in, or using a means or facility of, interstate
                    or foreign commerce; or
                      (B) the animal crush video is distributed in,
                    or using a means or facility of, interstate or
                    foreign commerce.
              (2) Distribution of animal crush videos.--It shall be
            unlawful for any person to knowingly sell, market,
            advertise, exchange, or distribute an animal crush
            video in, or using a means or facility of, interstate
            or foreign commerce.
      (c) Extraterritorial Application.--Subsection (b) shall apply
    to the knowing sale, marketing, advertising, exchange,
    distribution, or creation of an animal crush video outside of
    the United States, if--
              (1) the person engaging in such conduct intends or
            has reason to know that the animal crush video will be
            transported into the United States or its territories
            or possessions; or
              (2) the animal crush video is transported into the
            United States or its territories or possessions.
      (d) Penalty.--Any person who violates subsection (b) shall be
    fined under this title, imprisoned for not more than 7 years,
    or both.
      (e) Exceptions.--
              (1) In general.--This section shall not apply with
            regard to any visual depiction of--
                      (A) customary and normal veterinary or
                    agricultural husbandry practices;
                      (B) the slaughter of animals for food; or
                      (C) hunting, trapping, or fishing.
              (2) Good-faith distribution.--This section shall not
            apply to the good-faith distribution of an animal crush
            video to--
                      (A) a law enforcement agency; or
                      (B) a third party for the sole purpose of
                    analysis to determine if referral to a law
                    enforcement agency is appropriate.
      (f) No Preemption.--Nothing in this section shall be
    construed to preempt the law of any State or local subdivision
    thereof to protect animals.

               *       *       *       *       *       *       *

    CHAPTER 7--ASSAULT

               *       *       *       *       *       *       *

    Sec. 113. Assaults within maritime and territorial jurisdiction

      (a) Whoever, within the special maritime and territorial
    jurisdiction of the United States, is guilty of an assault
    shall be punished as follows:
              (1) Assault with intent to commit murder or a
            violation of section 2241 or 2242, by a fine under this
            title, imprisonment for not more than 20 years, or
            both.
              (2) Assault with intent to commit any felony, except
            murder or a violation of section 2241 or 2242, by fine
            under this title or imprisonment for not more than ten
            years, or both.
              (3) Assault with a dangerous weapon, with intent to
            do bodily harm, by fine under this title or
            imprisonment for not more than ten years, or both.
              (4) Assault by striking, beating, or wounding, by
            fine under this title or imprisonment for not more than
            1 year, or both.
              (5) Simple assault, by fine under this title or
            imprisonment for not more than six months, or both, or
            if the victim of the assault is an individual who has
            not attained the age of 16 years, by fine under this
            title or imprisonment for not more than 1 year, or
            both.
              (6) Assault resulting in serious bodily injury, by a
            fine under this title or imprisonment for not more than
            ten years, or both.
              (7) Assault resulting in substantial bodily injury to
            a spouse or intimate partner, a dating partner, or an
            individual who has not attained the age of 16 years, by
            a fine under this title or imprisonment for not more
            than 5 years, or both.
              (8) Assault of a spouse, intimate partner, or dating
            partner by strangling, suffocating, or attempting to
            strangle or suffocate, by a fine under this title,
            imprisonment for not more than 10 years, or both.
      (b) Definitions.--In this section--
              (1) the term ``substantial bodily injury'' means
            bodily injury which involves--
                      (A) a temporary but substantial
                    disfigurement; or
                      (B) a temporary but substantial loss or
                    impairment of the function of any bodily
                    member, organ, or mental faculty;
              [(2) the term ``serious bodily injury'' has the
            meaning given that term in section 1365 of this title;]
              (3) the terms ``dating partner'' and ``spouse or
            intimate partner'' have the meanings given those terms
            in section 2266;
              (4) the term ``strangling'' means intentionally,
            knowingly, or recklessly impeding the normal breathing
            or circulation of the blood of a person by applying
            pressure to the throat or neck, regardless of whether
            that conduct results in any visible injury or whether
            there is any intent to kill or protractedly injure the
            victim; and
              (5) the term ``suffocating'' means intentionally,
            knowingly, or recklessly impeding the normal breathing
            of a person by covering the mouth of the person, the
            nose of the person, or both, regardless of whether that
            conduct results in any visible injury or whether there
            is any intent to kill or protractedly injure the
            victim.

               *       *       *       *       *       *       *

    Sec. 115. Influencing, impeding, or retaliating against a Federal
                        official by threatening or injuring a family member

      (a)(1) Whoever--
              (A) assaults, kidnaps, or murders, or attempts or
            conspires to kidnap or murder, or threatens to assault,
            kidnap or murder a member of the immediate family of a
            United States official, a United States judge, a
            Federal law enforcement officer, or an official whose
            killing would be a crime under section 1114 of this
            title; or
              (B) threatens to assault, kidnap, or murder, a United
            States official, a United States judge, a Federal law
            enforcement officer, or an official whose killing would
            be a crime under such section,
    with intent to impede, intimidate, or interfere with such
    official, judge, or law enforcement officer while engaged in
    the performance of official duties, or with intent to retaliate
    against such official, judge, or law enforcement officer on
    account of the performance of official duties, shall be
    punished as provided in subsection (b).
      (2) Whoever assaults, kidnaps, or murders, or attempts or
    conspires to kidnap or murder, or threatens to assault, kidnap,
    or murder, any person who formerly served as a person
    designated in paragraph (1), or a member of the immediate
    family of any person who formerly served as a person designated
    in paragraph (1), with intent to retaliate against such person
    on account of the performance of official duties during the
    term of service of such person, shall be punished as provided
    in subsection (b).
      (b)(1) The punishment for an assault in violation of this
    section is--
              (A) a fine under this title; and
              (B)(i) if the assault consists of a simple assault, a
            term of imprisonment for not more than 1 year;
              (ii) if the assault involved physical contact with
            the victim of that assault or the intent to commit
            another felony, a term of imprisonment for not more
            than 10 years;
              (iii) if the assault resulted in bodily injury, a
            term of imprisonment for not more than 20 years; or
              (iv) if the assault resulted in serious bodily injury
            [(as that term is defined in section 1365 of this
            title, and including] or any conduct that, if the
            conduct occurred in the special maritime and
            territorial jurisdiction of the United States, would
            violate section 2241 or 2242 of this title[)], or a
            dangerous weapon was used during and in relation to the
            offense, a term of imprisonment for not more than 30
            years.
      (2) A kidnapping, attempted kidnapping, or conspiracy to
    kidnap in violation of this section shall be punished as
    provided in section 1201 of this title for the kidnapping or
    attempted kidnapping of, or a conspiracy to kidnap, a person
    described in section 1201(a)(5) of this title.
      (3) A murder, attempted murder, or conspiracy to murder in
    violation of this section shall be punished as provided in
    sections 1111 and 1113 of this title.
      (4) A threat made in violation of this section shall be
    punished by a fine under this title or imprisonment for a term
    of not more than 10 years, or both, except that imprisonment
    for a threatened assault shall not exceed 6 years.
      (c) As used in this section, the term--
              (1) ``Federal law enforcement officer'' means any
            officer, agent, or employee of the United States
            authorized by law or by a Government agency to engage
            in or supervise the prevention, detection,
            investigation, or prosecution of any violation of
            Federal criminal law;
              (2) ``immediate family member'' of an individual
            means--
                      (A) his spouse, parent, brother or sister,
                    child or person to whom he stands in loco
                    parentis; or
                      (B) any other person living in his household
                    and related to him by blood or marriage;
              (3) ``United States judge'' means any judicial
            officer of the United States, and includes a justice of
            the Supreme Court and a United States magistrate judge;
            and
              (4) ``United States official'' means the President,
            President-elect, Vice President, Vice President-elect,
            a Member of Congress, a member-elect of Congress, a
            member of the executive branch who is the head of a
            department listed in 5 U.S.C. 101, or the Director of
            the Central Intelligence Agency.
      (d) This section shall not interfere with the investigative
    authority of the United States Secret Service, as provided
    under sections 3056, 871, and 879 of this title.

               *       *       *       *       *       *       *

    CHAPTER 11--BRIBERY, GRAFT, AND CONFLICTS OF INTEREST

               *       *       *       *       *       *       *

    Sec. 207. Restrictions on former officers, employees, and elected
                        officials of the executive and legislative branches

      (a) Restrictions on All Officers and Employees of the
    Executive Branch and Certain Other Agencies.--
              (1) Permanent restrictions on representation on
            particular matters.--Any person who is an officer or
            employee (including any special Government employee) of
            the executive branch of the United States (including
            any independent agency of the United States), or of the
            District of Columbia, and who, after the termination of
            his or her service or employment with the United States
            or the District of Columbia, knowingly makes, with the
            intent to influence, any communication to or appearance
            before any officer or employee of any department,
            agency, court, or court-martial of the United States or
            the District of Columbia, on behalf of any other person
            (except the United States or the District of Columbia)
            in connection with a particular matter--
                      (A) in which the United States or the
                    District of Columbia is a party or has a direct
                    and substantial interest,
                      (B) in which the person participated
                    personally and substantially as such officer or
                    employee, and
                      (C) which involved a specific party or
                    specific parties at the time of such
                    participation,
            shall be punished as provided in section 216 of this
            title.
              (2) Two-year restrictions concerning particular
            matters under official responsibility.--Any person
            subject to the restrictions contained in paragraph (1)
            who, within 2 years after the termination of his or her
            service or employment with the United States or the
            District of Columbia, knowingly makes, with the intent
            to influence, any communication to or appearance before
            any officer or employee of any department, agency,
            court, or court-martial of the United States or the
            District of Columbia, on behalf of any other person
            (except the United States or the District of Columbia),
            in connection with a particular matter--
                      (A) in which the United States or the
                    District of Columbia is a party or has a direct
                    and substantial interest,
                      (B) which such person knows or reasonably
                    should know was actually pending under his or
                    her official responsibility as such officer or
                    employee within a period of 1 year before the
                    termination of his or her service or employment
                    with the United States or the District of
                    Columbia, and
                      (C) which involved a specific party or
                    specific parties at the time it was so pending,
            shall be punished as provided in section 216 of this
            title.
              (3) Clarification of restrictions.--The restrictions
            contained in paragraphs (1) and (2) shall apply--
                      (A) in the case of an officer or employee of
                    the executive branch of the United States
                    (including any independent agency), only with
                    respect to communications to or appearances
                    before any officer or employee of any
                    department, agency, court, or court-martial of
                    the United States on behalf of any other person
                    (except the United States), and only with
                    respect to a matter in which the United States
                    is a party or has a direct and substantial
                    interest; and
                      (B) in the case of an officer or employee of
                    the District of Columbia, only with respect to
                    communications to or appearances before any
                    officer or employee of any department, agency,
                    or court of the District of Columbia on behalf
                    of any other person (except the District of
                    Columbia), and only with respect to a matter in
                    which the District of Columbia is a party or
                    has a direct and substantial interest.
      (b) One-Year Restrictions on Aiding or Advising.--
              (1) In general.--Any person who is a former officer
            or employee of the executive branch of the United
            States (including any independent agency) and is
            subject to the restrictions contained in subsection
            (a)(1), or any person who is a former officer or
            employee of the legislative branch or a former Member
            of Congress, who personally and substantially
            participated in any ongoing trade or treaty negotiation
            on behalf of the United States within the 1-year period
            preceding the date on which his or her service or
            employment with the United States terminated, and who
            had access to information concerning such trade or
            treaty negotiation which is exempt from disclosure
            under section 552 of title 5, which is so designated by
            the appropriate department or agency, and which the
            person knew or should have known was so designated,
            shall not, on the basis of that information, knowingly
            represent, aid, or advise any other person (except the
            United States) concerning such ongoing trade or treaty
            negotiation for a period of 1 year after his or her
            service or employment with the United States
            terminates. Any person who violates this subsection
            shall be punished as provided in section 216 of this
            title.
              (2) Definition.--For purposes of this paragraph--
                      (A) the term ``trade negotiation'' means
                    negotiations which the President determines to
                    undertake to enter into a trade agreement
                    pursuant to section 1102 of the Omnibus Trade
                    and Competitiveness Act of 1988, and does not
                    include any action taken before that
                    determination is made; and
                      (B) the term ``treaty'' means an
                    international agreement made by the President
                    that requires the advice and consent of the
                    Senate.
      (c) One-Year Restrictions on Certain Senior Personnel of the
    Executive Branch and Independent Agencies.--
              (1) Restrictions.--In addition to the restrictions
            set forth in subsections (a) and (b), any person who is
            an officer or employee (including any special
            Government employee) of the executive branch of the
            United States (including an independent agency), who is
            referred to in paragraph (2), and who, within 1 year
            after the termination of his or her service or
            employment as such officer or employee, knowingly
            makes, with the intent to influence, any communication
            to or appearance before any officer or employee of the
            department or agency in which such person served within
            1 year before such termination, on behalf of any other
            person (except the United States), in connection with
            any matter on which such person seeks official action
            by any officer or employee of such department or
            agency, shall be punished as provided in section 216 of
            this title.
              (2) Persons to whom restrictions apply.--(A)
            Paragraph (1) shall apply to a person (other than a
            person subject to the restrictions of subsection (d))--
                      (i) employed at a rate of pay specified in or
                    fixed according to subchapter II of chapter 53
                    of title 5,
                      (ii) employed in a position which is not
                    referred to in clause (i) and for which that
                    person is paid at a rate of basic pay which is
                    equal to or greater than 86.5 percent of the
                    rate of basic pay for level II of the Executive
                    Schedule, or, for a period of 2 years following
                    the enactment of the National Defense
                    Authorization Act for Fiscal Year 2004, a
                    person who, on the day prior to the enactment
                    of that Act, was employed in a position which
                    is not referred to in clause (i) and for which
                    the rate of basic pay, exclusive of any
                    locality-based pay adjustment under section
                    5304 or section 5304a of title 5, was equal to
                    or greater than the rate of basic pay payable
                    for level 5 of the Senior Executive Service on
                    the day prior to the enactment of that Act,
                      (iii) appointed by the President to a
                    position under section 105(a)(2)(B) of title 3
                    or by the Vice President to a position under
                    section 106(a)(1)(B) of title 3,
                      (iv) employed in a position which is held by
                    an active duty commissioned officer of the
                    uniformed services who is serving in a grade or
                    rank for which the pay grade (as specified in
                    section 201 of title 37) is pay grade O-7 or
                    above; OR
                      (v) assigned from a private sector
                    organization to an agency under chapter 37 of
                    title 5.
              (B) Paragraph (1) shall not apply to a special
            Government employee who serves less than 60 days in the
            1-year period before his or her service or employment
            as such employee terminates.
              (C) At the request of a department or agency, the
            Director of the Office of Government Ethics may waive
            the restrictions contained in paragraph (1) with
            respect to any position, or category of positions,
            referred to in clause (ii) or (iv) of subparagraph (A),
            in such department or agency if the Director determines
            that--
                      (i) the imposition of the restrictions with
                    respect to such position or positions would
                    create an undue hardship on the department or
                    agency in obtaining qualified personnel to fill
                    such position or positions, and
                      (ii) granting the waiver would not create the
                    potential for use of undue influence or unfair
                    advantage.
              (3) Members of the independent payment advisory
            board.--
                      (A) In general.--Paragraph (1) shall apply to
                    a member of the Independent Payment Advisory
                    Board under section 1899A.
                      (B) Agencies and congress.--For purposes of
                    paragraph (1), the agency in which the
                    individual described in subparagraph (A) served
                    shall be considered to be the Independent
                    Payment Advisory Board, the Department of
                    Health and Human Services, and the relevant
                    committees of jurisdiction of Congress,
                    including the Committee on Ways and Means and
                    the Committee on Energy and Commerce of the
                    House of Representatives and the Committee on
                    Finance of the Senate.
      (d) Restrictions on Very Senior Personnel of the Executive
    Branch and Independent Agencies.--
              (1) Restrictions In addition to the restrictions set
            forth in subsections (a) and (b), any person who--
                      (A) serves in the position of Vice President
                    of the United States,
                      (B) is employed in a position in the
                    executive branch of the United States
                    (including any independent agency) at a rate of
                    pay payable for level I of the Executive
                    Schedule or employed in a position in the
                    Executive Office of the President at a rate of
                    pay payable for level II of the Executive
                    Schedule, or
                      (C) is appointed by the President to a
                    position under section 105(a)(2)(A) of title 3
                    or by the Vice President to a position under
                    section 106(a)(1)(A) of title 3,
            and who, within 2 years after the termination of that
            person's service in that position, knowingly makes,
            with the intent to influence, any communication to or
            appearance before any person described in paragraph
            (2), on behalf of any other person (except the United
            States), in connection with any matter on which such
            person seeks official action by any officer or employee
            of the executive branch of the United States, shall be
            punished as provided in section 216 of this title.
              (2) Persons who may not be contacted.--The persons
            referred to in paragraph (1) with respect to
            appearances or communications by a person in a position
            described in subparagraph (A), (B), or (C) of paragraph
            (1) are--
                      (A) any officer or employee of any department
                    or agency in which such person served in such
                    position within a period of 1 year before such
                    person's service or employment with the United
                    States Government terminated, and
                      (B) any person appointed to a position in the
                    executive branch which is listed in section
                    5312, 5313, 5314, 5315, or 5316 of title 5.
      (e) Restrictions on Members of Congress and Officers and
    Employees of the Legislative Branch.--
              (1) Members of congress and elected officers of the
            house.--
                      (A) Senators.--Any person who is a Senator
                    and who, within 2 years after that person
                    leaves office, knowingly makes, with the intent
                    to influence, any communication to or
                    appearance before any Member, officer, or
                    employee of either House of Congress or any
                    employee of any other legislative office of the
                    Congress, on behalf of any other person (except
                    the United States) in connection with any
                    matter on which such former Senator seeks
                    action by a Member, officer, or employee of
                    either House of Congress, in his or her
                    official capacity, shall be punished as
                    provided in section 216 of this title.
                      (B) Members and officers of the house of
                    representatives.--(i) Any person who is a
                    Member of the House of Representatives or an
                    elected officer of the House of Representatives
                    and who, within 1 year after that person leaves
                    office, knowingly makes, with the intent to
                    influence, any communication to or appearance
                    before any of the persons described in clause
                    (ii) or (iii), on behalf of any other person
                    (except the United States) in connection with
                    any matter on which such former Member of
                    Congress or elected officer seeks action by a
                    Member, officer, or employee of either House of
                    Congress, in his or her official capacity,
                    shall be punished as provided in section 216 of
                    this title.
                      (ii) The persons referred to in clause (i)
                    with respect to appearances or communications
                    by a former Member of the House of
                    Representatives are any Member, officer, or
                    employee of either House of Congress and any
                    employee of any other legislative office of the
                    Congress.
                      (iii) The persons referred to in clause (i)
                    with respect to appearances or communications
                    by a former elected officer are any Member,
                    officer, or employee of the House of
                    Representatives.
              (2) Officers and staff of the Senate.--Any person who
            is an elected officer of the Senate, or an employee of
            the Senate to whom paragraph (7)(A) applies, and who,
            within 1 year after that person leaves office or
            employment, knowingly makes, with the intent to
            influence, any communication to or appearance before
            any Senator or any officer or employee of the Senate,
            on behalf of any other person (except the United
            States) in connection with any matter on which such
            former elected officer or former employee seeks action
            by a Senator or an officer or employee of the Senate,
            in his or her official capacity, shall be punished as
            provided in section 216 of this title.
              (3) Personal staff.--(A) Any person who is an
            employee of a Member of the House of Representatives to
            whom paragraph (7)(A) applies and who, within 1 year
            after the termination of that employment, knowingly
            makes, with the intent to influence, any communication
            to or appearance before any of the persons described in
            subparagraph (B), on behalf of any other person (except
            the United States) in connection with any matter on
            which such former employee seeks action by a Member,
            officer, or employee of either House of Congress, in
            his or her official capacity, shall be punished as
            provided in section 216 of this title.
              (B) The persons referred to in subparagraph (A) with
            respect to appearances or communications by a person
            who is a former employee are the following:
                      (i) the Member of the House of
                    Representatives for whom that person was an
                    employee; and
                      (ii) any employee of that Member of the House
                    of Representatives.
              (4) Committee staff.--Any person who is an employee
            of a committee of the House of Representatives, or an
            employee of a joint committee of the Congress whose pay
            is disbursed by the Clerk of the House of
            Representatives, to whom paragraph (7)(A) applies and
            who, within 1 year after the termination of that
            person's employment on such committee or joint
            committee (as the case may be), knowingly makes, with
            the intent to influence, any communication to or
            appearance before any person who is a Member or an
            employee of that committee or joint committee (as the
            case may be) or who was a Member of the committee or
            joint committee (as the case may be) in the year
            immediately prior to the termination of such person's
            employment by the committee or joint committee (as the
            case may be), on behalf of any other person (except the
            United States) in connection with any matter on which
            such former employee seeks action by a Member, officer,
            or employee of either House of Congress, in his or her
            official capacity, shall be punished as provided in
            section 216 of this title.
              (5) Leadership staff.--(A) Any person who is an
            employee on the leadership staff of the House of
            Representatives to whom paragraph (7)(A) applies and
            who, within 1 year after the termination of that
            person's employment on such staff, knowingly makes,
            with the intent to influence, any communication to or
            appearance before any of the persons described in
            subparagraph (B), on behalf of any other person (except
            the United States) in connection with any matter on
            which such former employee seeks action by a Member,
            officer, or employee of either House of Congress, in
            his or her official capacity, shall be punished as
            provided in section 216 of this title.
              (B) The persons referred to in subparagraph (A) with
            respect to appearances or communications by a former
            employee are any Member of the leadership of the House
            of Representatives and any employee on the leadership
            staff of the House of Representatives.
              (6) Other legislative offices.--(A) Any person who is
            an employee of any other legislative office of the
            Congress to whom paragraph (7)(B) applies and who,
            within 1 year after the termination of that person's
            employment in such office, knowingly makes, with the
            intent to influence, any communication to or appearance
            before any of the persons described in subparagraph
            (B), on behalf of any other person (except the United
            States) in connection with any matter on which such
            former employee seeks action by any officer or employee
            of such office, in his or her official capacity, shall
            be punished as provided in section 216 of this title.
              (B) The persons referred to in subparagraph (A) with
            respect to appearances or communications by a former
            employee are the employees and officers of the former
            legislative office of the Congress of the former
            employee.
              (7) Limitation on restrictions.--(A) The restrictions
            contained in paragraphs (2), (3), (4), and (5) apply
            only to acts by a former employee who, for at least 60
            days, in the aggregate, during the 1-year period before
            that former employee's service as such employee
            terminated, was paid a rate of basic pay equal to or
            greater than an amount which is 75 percent of the basic
            rate of pay payable for a Member of the House of
            Congress in which such employee was employed.
              (B) The restrictions contained in paragraph (6) apply
            only to acts by a former employee who, for at least 60
            days, in the aggregate, during the 1-year period before
            that former employee's service as such employee
            terminated, was employed in a position for which the
            rate of basic pay, exclusive of any locality-based pay
            adjustment under section 5302 of title 5, is equal to
            or greater than the basic rate of pay payable for level
            IV of the Executive Schedule.
              (8) Exception.--This subsection shall not apply to
            contacts with the staff of the Secretary of the Senate
            or the Clerk of the House of Representatives regarding
            compliance with lobbying disclosure requirements under
            the Lobbying Disclosure Act of 1995.
              (9) Definitions.--As used in this subsection--
                      (A) the term ``committee of Congress''
                    includes standing committees, joint committees,
                    and select committees;
                      (B) a person is an employee of a House of
                    Congress if that person is an employee of the
                    Senate or an employee of the House of
                    Representatives;
                      (C) the term ``employee of the House of
                    Representatives'' means an employee of a Member
                    of the House of Representatives, an employee of
                    a committee of the House of Representatives, an
                    employee of a joint committee of the Congress
                    whose pay is disbursed by the Clerk of the
                    House of Representatives, and an employee on
                    the leadership staff of the House of
                    Representatives;
                      (D) the term ``employee of the Senate'' means
                    an employee of a Senator, an employee of a
                    committee of the Senate, an employee of a joint
                    committee of the Congress whose pay is
                    disbursed by the Secretary of the Senate, and
                    an employee on the leadership staff of the
                    Senate;
                      (E) a person is an employee of a Member of
                    the House of Representatives if that person is
                    an employee of a Member of the House of
                    Representatives under the clerk hire allowance;
                      (F) a person is an employee of a Senator if
                    that person is an employee in a position in the
                    office of a Senator;
                      (G) the term ``employee of any other
                    legislative office of the Congress'' means an
                    officer or employee of the Architect of the
                    Capitol, the United States Botanic Garden, the
                    Government Accountability Office, the
                    Government Publishing Office, the Library of
                    Congress, the Office of Technology Assessment,
                    the Congressional Budget Office, the United
                    States Capitol Police, and any other agency,
                    entity, or office in the legislative branch not
                    covered by paragraph (1), (2), (3), (4), or (5)
                    of this subsection;
                      (H) the term ``employee on the leadership
                    staff of the House of Representatives'' means
                    an employee of the office of a Member of the
                    leadership of the House of Representatives
                    described in subparagraph (L), and any elected
                    minority employee of the House of
                    Representatives;
                      (I) the term ``employee on the leadership
                    staff of the Senate'' means an employee of the
                    office of a Member of the leadership of the
                    Senate described in subparagraph (M);
                      (J) the term ``Member of Congress'' means a
                    Senator or a Member of the House of
                    Representatives;
                      (K) the term ``Member of the House of
                    Representatives'' means a Representative in, or
                    a Delegate or Resident Commissioner to, the
                    Congress;
                      (L) the term ``Member of the leadership of
                    the House of Representatives'' means the
                    Speaker, majority leader, minority leader,
                    majority whip, minority whip, chief deputy
                    majority whip, chief deputy minority whip,
                    chairman of the Democratic Steering Committee,
                    chairman and vice chairman of the Democratic
                    Caucus, chairman, vice chairman, and secretary
                    of the Republican Conference, chairman of the
                    Republican Research Committee, and chairman of
                    the Republican Policy Committee, of the House
                    of Representatives (or any similar position
                    created on or after the effective date set
                    forth in section 102(a) of the Ethics Reform
                    Act of 1989);
                      (M) the term ``Member of the leadership of
                    the Senate'' means the Vice President, and the
                    President pro tempore, Deputy President pro
                    tempore, majority leader, minority leader,
                    majority whip, minority whip, chairman and
                    secretary of the Conference of the Majority,
                    chairman and secretary of the Conference of the
                    Minority, chairman and co-chairman of the
                    Majority Policy Committee, and chairman of the
                    Minority Policy Committee, of the Senate (or
                    any similar position created on or after the
                    effective date set forth in section 102(a) of
                    the Ethics Reform Act of 1989).
      (f) Restrictions Relating to Foreign Entities.--
              (1) Restrictions.--Any person who is subject to the
            restrictions contained in subsection (c), (d), or (e)
            and who knowingly, within 1 year after leaving the
            position, office, or employment referred to in such
            subsection--
                      (A) represents a foreign entity before any
                    officer or employee of any department or agency
                    of the United States with the intent to
                    influence a decision of such officer or
                    employee in carrying out his or her official
                    duties, or
                      (B) aids or advises a foreign entity with the
                    intent to influence a decision of any officer
                    or employee of any department or agency of the
                    United States, in carrying out his or her
                    official duties,
            shall be punished as provided in section 216 of this
            title.
              (2) Special rule for trade representative.--With
            respect to a person who is the United States Trade
            Representative or Deputy United States Trade
            Representative, the restrictions described in paragraph
            (1) shall apply to representing, aiding, or advising
            foreign entities at any time after the termination of
            that person's service as the United States Trade
            Representative.
              (3) Definition.--For purposes of this subsection, the
            term ``foreign entity'' means the government of a
            foreign country as defined in section 1(e) of the
            Foreign Agents Registration Act of 1938, as amended, or
            a foreign political party as defined in section 1(f) of
            that Act.
      (g) Special Rules for Detailees.--For purposes of this
    section, a person who is detailed from one department, agency,
    or other entity to another department, agency, or other entity
    shall, during the period such person is detailed, be deemed to
    be an officer or employee of both departments, agencies, or
    such entities.
      (h) Designations of Separate Statutory Agencies and
    Bureaus.--
              (1) Designations.--For purposes of subsection (c) and
            except as provided in paragraph (2), whenever the
            Director of the Office of Government Ethics determines
            that an agency or bureau within a department or agency
            in the executive branch exercises functions which are
            distinct and separate from the remaining functions of
            the department or agency and that there exists no
            potential for use of undue influence or unfair
            advantage based on past Government service, the
            Director shall by rule designate such agency or bureau
            as a separate department or agency. On an annual basis
            the Director of the Office of Government Ethics shall
            review the designations and determinations made under
            this subparagraph and, in consultation with the
            department or agency concerned, make such additions and
            deletions as are necessary. Departments and agencies
            shall cooperate to the fullest extent with the Director
            of the Office of Government Ethics in the exercise of
            his or her responsibilities under this paragraph.
              (2) Inapplicability of designations.--No agency or
            bureau within the Executive Office of the President may
            be designated under paragraph (1) as a separate
            department or agency. No designation under paragraph
            (1) shall apply to persons referred to in subsection
            (c)(2)(A)(i) or (iii).
      (i) Definitions.--For purposes of this section--
              (1) the term ``officer or employee'', when used to
            describe the person to whom a communication is made or
            before whom an appearance is made, with the intent to
            influence, shall include--
                      (A) in subsections (a), (c), and (d), the
                    President and the Vice President; and
                      (B) in subsection (f), the President, the
                    Vice President, and Members of Congress;
              (2) the term ``participated'' means an action taken
            as an officer or employee through decision, approval,
            disapproval, recommendation, the rendering of advice,
            investigation, or other such action; and
              (3) the term ``particular matter'' includes any
            investigation, application, request for a ruling or
            determination, rulemaking, contract, controversy,
            claim, charge, accusation, arrest, or judicial or other
            proceeding.
      (j) Exceptions.--
              (1) Official government duties.--
                      (A) In general.--The restrictions contained
                    in this section shall not apply to acts done in
                    carrying out official duties on behalf of the
                    United States or the District of Columbia or as
                    an elected official of a State or local
                    government.
                      (B) Tribal organizations and inter-tribal
                    consortiums.--The restrictions contained in
                    this section shall not apply to acts authorized
                    by section 104(j) of the Indian Self-
                    Determination and Education Assistance Act (25
                    U.S.C. 450i(j)).
              (2) State and local governments and institutions,
            hospitals, and organizations.--The restrictions
            contained in subsections (c), (d), and (e) shall not
            apply to acts done in carrying out official duties as
            an employee of--
                      (A) an agency or instrumentality of a State
                    or local government if the appearance,
                    communication, or representation is on behalf
                    of such government, or
                      (B) an accredited, degree-granting
                    institution of higher education, as defined in
                    section 101 of the Higher Education Act of
                    1965, or a hospital or medical research
                    organization, exempted and defined under
                    section 501(c)(3) of the Internal Revenue Code
                    of 1986, if the appearance, communication, or
                    representation is on behalf of such
                    institution, hospital, or organization.
              (3) International organizations.--The restrictions
            contained in this section shall not apply to an
            appearance or communication on behalf of, or advice or
            aid to, an international organization in which the
            United States participates, if the Secretary of State
            certifies in advance that such activity is in the
            interests of the United States.
              (4) Special knowledge.--The restrictions contained in
            subsections (c), (d), and (e) shall not prevent an
            individual from making or providing a statement, which
            is based on the individual's own special knowledge in
            the particular area that is the subject of the
            statement, if no compensation is thereby received.
              (5) Exception for scientific or technological
            information.--The restrictions contained in subsections
            (a), (c), and (d) shall not apply with respect to the
            making of communications solely for the purpose of
            furnishing scientific or technological information, if
            such communications are made under procedures
            acceptable to the department or agency concerned or if
            the head of the department or agency concerned with the
            particular matter, in consultation with the Director of
            the Office of Government Ethics, makes a certification,
            published in the Federal Register, that the former
            officer or employee has outstanding qualifications in a
            scientific, technological, or other technical
            discipline, and is acting with respect to a particular
            matter which requires such qualifications, and that the
            national interest would be served by the participation
            of the former officer or employee. For purposes of this
            paragraph, the term ``officer or employee'' includes
            the Vice President.
              (6) Exception for testimony.--Nothing in this section
            shall prevent an individual from giving testimony under
            oath, or from making statements required to be made
            under penalty of perjury. Notwithstanding the preceding
            sentence--
                      (A) a former officer or employee of the
                    executive branch of the United States
                    (including any independent agency) who is
                    subject to the restrictions contained in
                    subsection (a)(1) with respect to a particular
                    matter may not, except pursuant to court order,
                    serve as an expert witness for any other person
                    (except the United States) in that matter; and
                      (B) a former officer or employee of the
                    District of Columbia who is subject to the
                    restrictions contained in subsection (a)(1)
                    with respect to a particular matter may not,
                    except pursuant to court order, serve as an
                    expert witness for any other person (except the
                    District of Columbia) in that matter.
              (7) Political parties and campaign committees.--(A)
            Except as provided in subparagraph (B), the
            restrictions contained in subsections (c), (d), and (e)
            shall not apply to a communication or appearance made
            solely on behalf of a candidate in his or her capacity
            as a candidate, an authorized committee, a national
            committee, a national Federal campaign committee, a
            State committee, or a political party.
              (B) Subparagraph (A) shall not apply to--
                      (i) any communication to, or appearance
                    before, the Federal Election Commission by a
                    former officer or employee of the Federal
                    Election Commission; or
                      (ii) a communication or appearance made by a
                    person who is subject to the restrictions
                    contained in subsections (c), (d), or (e) if,
                    at the time of the communication or appearance,
                    the person is employed by a person or entity
                    other than--
                              (I) a candidate, an authorized
                            committee, a national committee, a
                            national Federal campaign committee, a
                            State committee, or a political party;
                            or
                              (II) a person or entity who
                            represents, aids, or advises only
                            persons or entities described in
                            subclause (I).
              (C) For purposes of this paragraph--
                      (i) the term ``candidate'' means any person
                    who seeks nomination for election, or election,
                    to Federal or State office or who has
                    authorized others to explore on his or her
                    behalf the possibility of seeking nomination
                    for election, or election, to Federal or State
                    office;
                      (ii) the term ``authorized committee'' means
                    any political committee designated in writing
                    by a candidate as authorized to receive
                    contributions or make expenditures to promote
                    the nomination for election, or the election,
                    of such candidate, or to explore the
                    possibility of seeking nomination for election,
                    or the election, of such candidate, except that
                    a political committee that receives
                    contributions or makes expenditures to promote
                    more than 1 candidate may not be designated as
                    an authorized committee for purposes of
                    subparagraph (A);
                      (iii) the term ``national committee'' means
                    the organization which, by virtue of the bylaws
                    of a political party, is responsible for the
                    day- to-day operation of such political party
                    at the national level;
                      (iv) the term ``national Federal campaign
                    committee'' means an organization that, by
                    virtue of the bylaws of a political party, is
                    established primarily for the purpose of
                    providing assistance, at the national level, to
                    candidates nominated by that party for election
                    to the office of Senator or Representative in,
                    or Delegate or Resident Commissioner to, the
                    Congress;
                      (v) the term ``State committee'' means the
                    organization which, by virtue of the bylaws of
                    a political party, is responsible for the day-
                    to-day operation of such political party at the
                    State level; or
                      (vi) the term ``political party'' means an
                    association, committee, or organization that
                    nominates a candidate for election to any
                    Federal or State elected office whose name
                    appears on the election ballot as the candidate
                    of such association, committee, or
                    organization[; and].
                      [(vii) the term ``State'' means a State of
                    the United States, the District of Columbia,
                    the Commonwealth of Puerto Rico, and any
                    territory or possession of the United States.]
      (k)(1)(A) The President may grant a waiver of a restriction
    imposed by this section to any officer or employee described in
    paragraph (2) if the President determines and certifies in
    writing that it is in the public interest to grant the waiver
    and that the services of the officer or employee are critically
    needed for the benefit of the Federal Government. Not more than
    25 officers and employees currently employed by the Federal
    Government at any one time may have been granted waivers under
    this paragraph.
      (B)(i) A waiver granted under this paragraph to any person
    shall apply only with respect to activities engaged in by that
    person after that person's Federal Government employment is
    terminated and only to that person's employment at a
    Government-owned, contractor operated entity with which the
    person served as an officer or employee immediately before the
    person's Federal Government employment began.
      (ii) Notwithstanding clause (i), a waiver granted under this
    paragraph to any person who was an officer or employee of
    Lawrence Livermore National Laboratory, Los Alamos National
    Laboratory, or Sandia National Laboratory immediately before
    the person's Federal Government employment began shall apply to
    that person's employment by any such national laboratory after
    the person's employment by the Federal Government is
    terminated.
      (2) Waivers under paragraph (1) may be granted only to
    civilian officers and employees of the executive branch, other
    than officers and employees in the Executive Office of the
    President.
      (3) A certification under paragraph (1) shall take effect
    upon its publication in the Federal Register and shall
    identify--
              (A) the officer or employee covered by the waiver by
            name and by position, and
              (B) the reasons for granting the waiver.
    A copy of the certification shall also be provided to the
    Director of the Office of Government Ethics.
      (4) The President may not delegate the authority provided by
    this subsection.
      (5)(A) Each person granted a waiver under this subsection
    shall prepare reports, in accordance with subparagraph (B),
    stating whether the person has engaged in activities otherwise
    prohibited by this section for each six-month period described
    in subparagraph (B), and if so, what those activities were.
      (B) A report under subparagraph (A) shall cover each six-
    month period beginning on the date of the termination of the
    person's Federal Government employment (with respect to which
    the waiver under this subsection was granted) and ending two
    years after that date. Such report shall be filed with the
    President and the Director of the Office of Government Ethics
    not later than 60 days after the end of the six-month period
    covered by the report. All reports filed with the Director
    under this paragraph shall be made available for public
    inspection and copying.
      (C) If a person fails to file any report in accordance with
    subparagraphs (A) and (B), the President shall revoke the
    waiver and shall notify the person of the revocation. The
    revocation shall take effect upon the person's receipt of the
    notification and shall remain in effect until the report is
    filed.
      (D) Any person who is granted a waiver under this subsection
    shall be ineligible for appointment in the civil service unless
    all reports required of such person by subparagraphs (A) and
    (B) have been filed.
      (E) As used in this subsection, the term ``civil service''
    has the meaning given that term in section 2101 of title 5.
      (l) Contract Advice by Former Details.--Whoever, being an
    employee of a private sector organization assigned to an agency
    under chapter 37 of title 5, within one year after the end of
    that assignment, knowingly represents or aids, counsels, or
    assists in representing any other person (except the United
    States) in connection with any contract with that agency shall
    be punished as provided in section 216 of this title.

               *       *       *       *       *       *       *

    CHAPTER 11A--CHILD SUPPORT

               *       *       *       *       *       *       *

    Sec. 224. Bribery in sporting contests

      (a) Whoever carries into effect, attempts to carry into
    effect, or conspires with any other person to carry into effect
    any scheme in commerce to influence, in any way, by bribery any
    sporting contest, with knowledge that the purpose of such
    scheme is to influence by bribery that contest, shall be fined
    under this title, or imprisoned not more than 5 years, or both.
      (b) This section shall not be construed as indicating an
    intent on the part of Congress to occupy the field in which
    this section operates to the exclusion of a law of any State[,
    territory, Commonwealth, or possession] of the United States,
    and no law of any State[, territory, Commonwealth, or
    possession] of the United States, which would be valid in the
    absence of the section shall be declared invalid, and no local
    authorities shall be deprived of any jurisdiction over any
    offense over which they would have jurisdiction in the absence
    of this section.
      (c) As used in this section--
              (1) The term ``scheme in commerce'' means any scheme
            effectuated in whole or in part through the use in
            interstate or foreign commerce of any facility for
            transportation or communication;
              (2) The term ``sporting contest'' means any contest
            in any sport, between individual contestants or teams
            of contestants (without regard to the amateur or
            professional status of the contestants therein), the
            occurrence of which is publicly announced before its
            occurrence;
              (3) The term ``person'' means any individual and any
            partnership, corporation, association, or other entity.

               *       *       *       *       *       *       *

    Sec. 228. Failure to pay legal child support obligations

      (a) Offense.--Any person who--
              (1) willfully fails to pay a support obligation with
            respect to a child who resides in another State, if
            such obligation has remained unpaid for a period longer
            than 1 year, or is greater than $5,000;
              (2) travels in interstate or foreign commerce with
            the intent to evade a support obligation, if such
            obligation has remained unpaid for a period longer than
            1 year, or is greater than $5,000; or
              (3) willfully fails to pay a support obligation with
            respect to a child who resides in another State, if
            such obligation has remained unpaid for a period longer
            than 2 years, or is greater than $10,000;
    shall be punished as provided in subsection (c).
      (b) Presumption.--The existence of a support obligation that
    was in effect for the time period charged in the indictment or
    information creates a rebuttable presumption that the obligor
    has the ability to pay the support obligation for that time
    period.
      (c) Punishment.--The punishment for an offense under this
    section is--
              (1) in the case of a first offense under subsection
            (a)(1), a fine under this title, imprisonment for not
            more than 6 months, or both; and
              (2) in the case of an offense under paragraph (2) or
            (3) of subsection (a), or a second or subsequent
            offense under subsection (a)(1), a fine under this
            title, imprisonment for not more than 2 years, or both.
      (d) Mandatory Restitution.--Upon a conviction under this
    section, the court shall order restitution under section 3663A
    in an amount equal to the total unpaid support obligation as it
    exists at the time of sentencing.
      (e) Venue.--With respect to an offense under this section, an
    action may be inquired of and prosecuted in a district court of
    the United States for--
              (1) the district in which the child who is the
            subject of the support obligation involved resided
            during a period during which a person described in
            subsection (a) (referred to in this subsection as an
            ``obliger'') failed to meet that support obligation;
              (2) the district in which the obliger resided during
            a period described in paragraph (1); or
              (3) any other district with jurisdiction otherwise
            provided for by law.
      (f) Definitions.--As used in this section--
              (1) the term ``Indian tribe'' has the meaning given
            that term in section 102 of the Federally Recognized
            Indian Tribe List Act of 1994 (25 U.S.C. 479a);; and
              [(2) the term ``State'' includes any State of the
            United States, the District of Columbia, and any
            commonwealth, territory, or possession of the United
            States; and]
              (3) the term ``support obligation'' means any amount
            determined under a court order or an order of an
            administrative process pursuant to the law of a State
            or of an Indian tribe to be due from a person for the
            support and maintenance of a child or of a child and
            the parent with whom the child is living.

               *       *       *       *       *       *       *

    CHAPTER 12--CIVIL DISORDERS

               *       *       *       *       *       *       *

    Sec. 232. Definitions

      For purposes of this chapter:
      (1) The term ``civil disorder'' means any public disturbance
    involving acts of violence by assemblages of three or more
    persons, which causes an immediate danger of or results in
    damage or injury to the property or person of any other
    individual.
      (2) The term ``commerce'' means commerce (A) between any
    State or the District of Columbia and any place outside
    thereof; (B) between points within any State or the District of
    Columbia, but through any place outside thereof; or (C) wholly
    within the District of Columbia.
      (3) The term ``federally protected function'' means any
    function, operation, or action carried out, under the laws of
    the United States, by any department, agency, or
    instrumentality of the United States or by an officer or
    employee thereof; and such term shall specifically include, but
    not be limited to, the collection and distribution of the
    United States mails.
      (4) The term ``firearm'' means any weapon which is designed
    to or may readily be converted to expel any projectile by the
    action of an explosive; or the frame or receiver of any such
    weapon.
      (5) The term ``explosive or incendiary device'' means (A)
    dynamite and all other forms of high explosives, (B) any
    explosive bomb, grenade, missile, or similar device, and (C)
    any incendiary bomb or grenade, fire bomb, or similar device,
    including any device which (i) consists of or includes a
    breakable container including a flammable liquid or compound,
    and a wick composed of any material which, when ignited, is
    capable of igniting such flammable liquid or compound, and (ii)
    can be carried or thrown by one individual acting alone.
      (6) The term ``fireman'' means any member of a fire
    department (including a volunteer fire department) of any
    State, any political subdivision of a State, or the District of
    Columbia.
      (7) The term ``law enforcement officer'' means any officer or
    employee of the United States, any State, any political
    subdivision of a State, or the District of Columbia, while
    engaged in the enforcement or prosecution of any of the
    criminal laws of the United States, a State, any political
    subdivision of a State, or the District of Columbia; and such
    term shall specifically include members of the National Guard
    (as defined in section 101 of title 10), members of the
    organized militia of any State, or territory of the United
    States, the Commonwealth of Puerto Rico, or the District of
    Columbia not included within the National Guard (as defined in
    section 101 of title 10), and members of the Armed Forces of
    the United States, while engaged in suppressing acts of
    violence or restoring law and order during a civil disorder.
      [(8) The term ``State'' includes a State of the United
    States, and any commonwealth, territory, or possession of the
    United States.]

               *       *       *       *       *       *       *

    CHAPTER 13--CIVIL RIGHTS

               *       *       *       *       *       *       *

    Sec. 242. Deprivation of rights under color of law

      Whoever, under color of any law, statute, ordinance,
    regulation, or custom, willfully subjects any person in any
    State[, Territory, Commonwealth, Possession, or District] to
    the deprivation of any rights, privileges, or immunities
    secured or protected by the Constitution or laws of the United
    States, or to different punishments, pains, or penalties, on
    account of such person being an alien, or by reason of his
    color, or race, than are prescribed for the punishment of
    citizens, shall be fined under this title or imprisoned not
    more than one year, or both; and if bodily injury results from
    the acts committed in violation of this section or if such acts
    include the use, attempted use, or threatened use of a
    dangerous weapon, explosives, or fire, shall be fined under
    this title or imprisoned not more than ten years, or both; and
    if death results from the acts committed in violation of this
    section or if such acts include kidnapping or an attempt to
    kidnap, aggravated sexual abuse, or an attempt to commit
    aggravated sexual abuse, or an attempt to kill, shall be fined
    under this title, or imprisoned for any term of years or for
    life, or both, or may be sentenced to death.

               *       *       *       *       *       *       *

    Sec. 245. Federally protected activities

      (a)(1) Nothing in this section shall be construed as
    indicating an intent on the part of Congress to prevent any
    State, any possession or Commonwealth of the United States, or
    the District of Columbia, from exercising jurisdiction over any
    offense over which it would have jurisdiction in the absence of
    this section, nor shall anything in this section be construed
    as depriving State and local law enforcement authorities of
    responsibility for prosecuting acts that may be violations of
    this section and that are violations of State and local law. No
    prosecution of any offense described in this section shall be
    undertaken by the United States except upon the certification
    in writing of the Attorney General, the Deputy Attorney
    General, the Associate Attorney General, or any Assistant
    Attorney General specially designated by the Attorney General
    that in his judgment a prosecution by the United States is in
    the public interest and necessary to secure substantial
    justice, which function of certification may not be delegated.
      (2) Nothing in this subsection shall be construed to limit
    the authority of Federal officers, or a Federal grand jury, to
    investigate possible violations of this section.
      (b) Whoever, whether or not acting under color of law, by
    force or threat of force willfully injures, intimidates or
    interferes with, or attempts to injure, intimidate or interfere
    with--
              (1) any person because he is or has been, or in order
            to intimidate such person or any other person or any
            class of persons from--
                      (A) voting or qualifying to vote, qualifying
                    or campaigning as a candidate for elective
                    office, or qualifying or acting as a poll
                    watcher, or any legally authorized election
                    official, in any primary, special, or general
                    election;
                      (B) participating in or enjoying any benefit,
                    service, privilege, program, facility, or
                    activity provided or administered by the United
                    States;
                      (C) applying for or enjoying employment, or
                    any perquisite thereof, by any agency of the
                    United States;
                      (D) serving, or attending upon any court in
                    connection with possible service, as a grand or
                    petit juror in any court of the United States;
                      (E) participating in or enjoying the benefits
                    of any program or activity receiving Federal
                    financial assistance; or
              (2) any person because of his race, color, religion
            or national origin and because he is or has been--
                      (A) enrolling in or attending any public
                    school or public college;
                      (B) participating in or enjoying any benefit
                    service, privilege, program, facility or
                    activity provided or administered by any State
                    or subdivision thereof;
                      (C) applying for or enjoying employment, or
                    any perquisite thereof, by any private employer
                    or any agency of any State or subdivision
                    thereof, or joining or using the services or
                    advantages of any labor organization, hiring
                    hall, or employment agency;
                      (D) serving, or attending upon any court of
                    any State in connection with possible service,
                    as a grand or petit juror;
                      (E) traveling in or using any facility of
                    interstate commerce, or using any vehicle,
                    terminal, or facility of any common carrier by
                    motor, rail, water, or air;
                      (F) enjoying the goods, services, facilities,
                    privileges, advantages, or accommodations of
                    any inn, hotel, motel, or other establishment
                    which provides lodging to transient guests, or
                    of any restaurant, cafeteria, lunchroom, lunch
                    counter, soda fountain, or other facility which
                    serves the public and which is principally
                    engaged in selling food or beverages for
                    consumption on the premises, or of any gasoline
                    station, or of any motion picture house,
                    theater, concert hall, sports arena, stadium,
                    or any other place of exhibition or
                    entertainment which serves the public, or of
                    any other establishment which serves the public
                    and (i) which is located within the premises of
                    any of the aforesaid establishments or within
                    the premises of which is physically located any
                    of the aforesaid establishments, and (ii) which
                    holds itself out as serving patrons of such
                    establishments; or
              (3) during or incident to a riot or civil disorder,
            any person engaged in a business in commerce or
            affecting commerce, including, but not limited to, any
            person engaged in a business which sells or offers for
            sale to interstate travelers a substantial portion of
            the articles, commodities, or services which it sells
            or where a substantial portion of the articles or
            commodities which it sells or offers for sale have
            moved in commerce; or
              (4) any person because he is or has been, or in order
            to intimidate such person or any other person or any
            class of persons from--
                      (A) participating, without discrimination on
                    account of race, color, religion or national
                    origin, in any of the benefits or activities
                    described in subparagraphs (1)(A) through
                    (1)(E) or subparagraphs (2)(A) through (2)(F);
                    or
                      (B) affording another person or class of
                    persons opportunity or protection to so
                    participate; or
              (5) any citizen because he is or has been, or in
            order to intimidate such citizen or any other citizen
            from lawfully aiding or encouraging other persons to
            participate, without discrimination on account of race,
            color, religion or national origin, in any of the
            benefits or activities described in subparagraphs
            (1)(A) through (1)(E) or subparagraphs (2)(A) through
            (2)(F), or participating lawfully in speech or peaceful
            assembly opposing any denial of the opportunity to so
            participate--
    shall be fined under this title, or imprisoned not more than
    one year, or both; and if bodily injury results from the acts
    committed in violation of this section or if such acts include
    the use, attempted use, or threatened use of a dangerous
    weapon, explosives, or fire shall be fined under this title, or
    imprisoned not more than ten years, or both; and if death
    results from the acts committed in violation of this section or
    if such acts include kidnapping or an attempt to kidnap,
    aggravated sexual abuse or an attempt to commit aggravated
    sexual abuse, or an attempt to kill, shall be fined under this
    title or imprisoned for any term of years or for life, or both,
    or may be sentenced to death. As used in this section, the term
    ``participating lawfully in speech or peaceful assembly'' shall
    not mean the aiding, abetting, or inciting of other persons to
    riot or to commit any act of physical violence upon any
    individual or against any real or personal property in
    furtherance of a riot. Nothing in subparagraph (2)(F) or (4)(A)
    of this subsection shall apply to the proprietor of any
    establishment which provides lodging to transient guests, or to
    any employee acting on behalf of such proprietor, with respect
    to the enjoyment of the goods, services, facilities,
    privileges, advantages, or accommodations of such establishment
    if such establishment is located within a building which
    contains not more than five rooms for rent or hire and which is
    actually occupied by the proprietor as his residence.
      (c) Nothing in this section shall be construed so as to deter
    any law enforcement officer from lawfully carrying out the
    duties of his office; and no law enforcement officer shall be
    considered to be in violation of this section for lawfully
    carrying out the duties of his office or lawfully enforcing
    ordinances and laws of the United States, the District of
    Columbia, any of the several States, or any political
    subdivision of a State. For purposes of the preceding sentence,
    the term ``law enforcement officer'' means any officer of the
    United States, the District of Columbia, a State, or political
    subdivision of a State, who is empowered by law to conduct
    investigations of, or make arrests because of, offenses against
    the United States, the District of Columbia, a State, or a
    political subdivision of a State.
      [(d) For purposes of this section, the term ``State''
    includes a State of the United States, the District of
    Columbia, and any commonwealth, territory, or possession of the
    United States.]

               *       *       *       *       *       *       *

    Sec. 248. Freedom of access to clinic entrances

      (a) Prohibited Activities.--Whoever--
              (1) by force or threat of force or by physical
            obstruction, intentionally injures, intimidates or
            interferes with or attempts to injure, intimidate or
            interfere with any person because that person is or has
            been, or in order to intimidate such person or any
            other person or any class of persons from, obtaining or
            providing reproductive health services;
              (2) by force or threat of force or by physical
            obstruction, intentionally injures, intimidates or
            interferes with or attempts to injure, intimidate or
            interfere with any person lawfully exercising or
            seeking to exercise the First Amendment right of
            religious freedom at a place of religious worship; or
              (3) intentionally damages or destroys the property of
            a facility, or attempts to do so, because such facility
            provides reproductive health services, or intentionally
            damages or destroys the property of a place of
            religious worship,
    shall be subject to the penalties provided in subsection (b)
    and the civil remedies provided in subsection (c), except that
    a parent or legal guardian of a minor shall not be subject to
    any penalties or civil remedies under this section for such
    activities insofar as they are directed exclusively at that
    minor.
      (b) Penalties.--Whoever violates this section shall--
              (1) in the case of a first offense, be fined in
            accordance with this title, or imprisoned not more than
            one year, or both; and
              (2) in the case of a second or subsequent offense
            after a prior conviction under this section, be fined
            in accordance with this title, or imprisoned not more
            than 3 years, or both;
    except that for an offense involving exclusively a nonviolent
    physical obstruction, the fine shall be not more than $10,000
    and the length of imprisonment shall be not more than six
    months, or both, for the first offense; and the fine shall,
    notwithstanding section 3571, be not more than $25,000 and the
    length of imprisonment shall be not more than 18 months, or
    both, for a subsequent offense; and except that if bodily
    injury results, the length of imprisonment shall be not more
    than 10 years, and if death results, it shall be for any term
    of years or for life.
      (c) Civil Remedies.--
              (1) Right of action.--
                      (A) In general.--Any person aggrieved by
                    reason of the conduct prohibited by subsection
                    (a) may commence a civil action for the relief
                    set forth in subparagraph (B), except that such
                    an action may be brought under subsection
                    (a)(1) only by a person involved in providing
                    or seeking to provide, or obtaining or seeking
                    to obtain, services in a facility that provides
                    reproductive health services, and such an
                    action may be brought under subsection (a)(2)
                    only by a person lawfully exercising or seeking
                    to exercise the First Amendment right of
                    religious freedom at a place of religious
                    worship or by the entity that owns or operates
                    such place of religious worship.
                      (B) Relief.--In any action under subparagraph
                    (A), the court may award appropriate relief,
                    including temporary, preliminary or permanent
                    injunctive relief and compensatory and punitive
                    damages, as well as the costs of suit and
                    reasonable fees for attorneys and expert
                    witnesses. With respect to compensatory
                    damages, the plaintiff may elect, at any time
                    prior to the rendering of final judgment, to
                    recover, in lieu of actual damages, an award of
                    statutory damages in the amount of $5,000 per
                    violation.
              (2) Action by attorney general of the United
            States.--
                      (A) In general.--If the Attorney General of
                    the United States has reasonable cause to
                    believe that any person or group of persons is
                    being, has been, or may be injured by conduct
                    constituting a violation of this section, the
                    Attorney General may commence a civil action in
                    any appropriate United States District Court.
                      (B) Relief.--In any action under subparagraph
                    (A), the court may award appropriate relief,
                    including temporary, preliminary or permanent
                    injunctive relief, and compensatory damages to
                    persons aggrieved as described in paragraph
                    (1)(B). The court, to vindicate the public
                    interest, may also assess a civil penalty
                    against each respondent--
                              (i) in an amount not exceeding
                            $10,000 for a nonviolent physical
                            obstruction and $15,000 for other first
                            violations; and
                              (ii) in an amount not exceeding
                            $15,000 for a nonviolent physical
                            obstruction and $25,000 for any other
                            subsequent violation.
              (3) Actions by State Attorneys General.--
                      (A) In general.--If the Attorney General of a
                    State has reasonable cause to believe that any
                    person or group of persons is being, has been,
                    or may be injured by conduct constituting a
                    violation of this section, such Attorney
                    General may commence a civil action in the name
                    of such State, as parens patriae on behalf of
                    natural persons residing in such State, in any
                    appropriate United States District Court.
                      (B) Relief.--In any action under subparagraph
                    (A), the court may award appropriate relief,
                    including temporary, preliminary or permanent
                    injunctive relief, compensatory damages, and
                    civil penalties as described in paragraph
                    (2)(B).
      (d) Rules of Construction.--Nothing in this section shall be
    construed--
              (1) to prohibit any expressive conduct (including
            peaceful picketing or other peaceful demonstration)
            protected from legal prohibition by the First Amendment
            to the Constitution;
              (2) to create new remedies for interference with
            activities protected by the free speech or free
            exercise clauses of the First Amendment to the
            Constitution, occurring outside a facility, regardless
            of the point of view expressed, or to limit any
            existing legal remedies for such interference;
              (3) to provide exclusive criminal penalties or civil
            remedies with respect to the conduct prohibited by this
            section, or to preempt State or local laws that may
            provide such penalties or remedies; or
              (4) to interfere with the enforcement of State or
            local laws regulating the performance of abortions or
            other reproductive health services.
      (e) Definitions.--As used in this section:
              (1) Facility.--The term ``facility'' includes a
            hospital, clinic, physician's office, or other facility
            that provides reproductive health services, and
            includes the building or structure in which the
            facility is located.
              (2) Interfere with.--The term ``interfere with''
            means to restrict a person's freedom of movement.
              (3) Intimidate.--The term ``intimidate'' means to
            place a person in reasonable apprehension of bodily
            harm to him- or herself or to another.
              (4) Physical obstruction.--The term ``physical
            obstruction'' means rendering impassable ingress to or
            egress from a facility that provides reproductive
            health services or to or from a place of religious
            worship, or rendering passage to or from such a
            facility or place of religious worship unreasonably
            difficult or hazardous.
              (5) Reproductive health services.--The term
            ``reproductive health services'' means reproductive
            health services provided in a hospital, clinic,
            physician's office, or other facility, and includes
            medical, surgical, counselling or referral services
            relating to the human reproductive system, including
            services relating to pregnancy or the termination of a
            pregnancy.
              [(6) State.--The term ``State'' includes a State of
            the United States, the District of Columbia, and any
            commonwealth, territory, or possession of the United
            States.]

    Sec. 249. Hate crime acts

      (a) In General.--
              (1) Offenses involving actual or perceived race,
            color, religion, or national origin.--Whoever, whether
            or not acting under color of law, willfully causes
            bodily injury to any person or, through the use of
            fire, a firearm, a dangerous weapon, or an explosive or
            incendiary device, attempts to cause bodily injury to
            any person, because of the actual or perceived race,
            color, religion, or national origin of any person--
                      (A) shall be imprisoned not more than 10
                    years, fined in accordance with this title, or
                    both; and
                      (B) shall be imprisoned for any term of years
                    or for life, fined in accordance with this
                    title, or both, if--
                              (i) death results from the offense;
                            or
                              (ii) the offense includes kidnapping
                            or an attempt to kidnap, aggravated
                            sexual abuse or an attempt to commit
                            aggravated sexual abuse, or an attempt
                            to kill.
              (2) Offenses involving actual or perceived religion,
            national origin, gender, sexual orientation, gender
            identity, or disability.--
                      (A) In general.--Whoever, whether or not
                    acting under color of law, in any circumstance
                    described in subparagraph (B) or paragraph (3),
                    willfully causes bodily injury to any person
                    or, through the use of fire, a firearm, a
                    dangerous weapon, or an explosive or incendiary
                    device, attempts to cause bodily injury to any
                    person, because of the actual or perceived
                    religion, national origin, gender, sexual
                    orientation, gender identity, or disability of
                    any person--
                              (i) shall be imprisoned not more than
                            10 years, fined in accordance with this
                            title, or both; and
                              (ii) shall be imprisoned for any term
                            of years or for life, fined in
                            accordance with this title, or both,
                            if--
                                      (I) death results from the
                                    offense; or
                                      (II) the offense includes
                                    kidnapping or an attempt to
                                    kidnap, aggravated sexual abuse
                                    or an attempt to commit
                                    aggravated sexual abuse, or an
                                    attempt to kill.
                      (B) Circumstances described.--For purposes of
                    subparagraph (A), the circumstances described
                    in this subparagraph are that--
                              (i) the conduct described in
                            subparagraph (A) occurs during the
                            course of, or as the result of, the
                            travel of the defendant or the victim--
                                      (I) across a State line or
                                    national border; or
                                      (II) using a channel,
                                    facility, or instrumentality of
                                    interstate or foreign commerce;
                              (ii) the defendant uses a channel,
                            facility, or instrumentality of
                            interstate or foreign commerce in
                            connection with the conduct described
                            in subparagraph (A);
                              (iii) in connection with the conduct
                            described in subparagraph (A), the
                            defendant employs a firearm, dangerous
                            weapon, explosive or incendiary device,
                            or other weapon that has traveled in
                            interstate or foreign commerce; or
                              (iv) the conduct described in
                            subparagraph (A)--
                                      (I) interferes with
                                    commercial or other economic
                                    activity in which the victim is
                                    engaged at the time of the
                                    conduct; or
                                      (II) otherwise affects
                                    interstate or foreign commerce.
              (3) Offenses occurring in the special maritime or
            territorial jurisdiction of the United States.--
            Whoever, within the special maritime or territorial
            jurisdiction of the United States, engages in conduct
            described in paragraph (1) or in paragraph (2)(A)
            (without regard to whether that conduct occurred in a
            circumstance described in paragraph (2)(B)) shall be
            subject to the same penalties as prescribed in those
            paragraphs.
              (4) Guidelines.--All prosecutions conducted by the
            United States under this section shall be undertaken
            pursuant to guidelines issued by the Attorney General,
            or the designee of the Attorney General, to be included
            in the United States Attorneys' Manual that shall
            establish neutral and objective criteria for
            determining whether a crime was committed because of
            the actual or perceived status of any person.
      (b) Certification Requirement.--
              (1) In general.--No prosecution of any offense
            described in this subsection may be undertaken by the
            United States, except under the certification in
            writing of the Attorney General, or a designee, that--
                      (A) the State does not have jurisdiction;
                      (B) the State has requested that the Federal
                    Government assume jurisdiction;
                      (C) the verdict or sentence obtained pursuant
                    to State charges left demonstratively
                    unvindicated the Federal interest in
                    eradicating bias-motivated violence; or
                      (D) a prosecution by the United States is in
                    the public interest and necessary to secure
                    substantial justice.
              (2) Rule of construction.--Nothing in this subsection
            shall be construed to limit the authority of Federal
            officers, or a Federal grand jury, to investigate
            possible violations of this section.
      (c) Definitions.--In this section--
              (1) the term ``bodily injury'' has the meaning given
            such term in [section 1365(h)(4) of this title] section
            1, but does not include solely emotional or
            psychological harm to the victim;
              (2) the term ``explosive or incendiary device'' has
            the meaning given such term in section 232 of this
            title;
              (3) the term ``firearm'' has the meaning given such
            term in section 921(a) of this title; and
              (4) the term ``gender identity'' means actual or
            perceived gender-related characteristics[; and].
              [(5) the term ``State'' includes the District of
            Columbia, Puerto Rico, and any other territory or
            possession of the United States.]
      (d) Statute of Limitations.--
              (1) Offenses not resulting in death.--Except as
            provided in paragraph (2), no person shall be
            prosecuted, tried, or punished for any offense under
            this section unless the indictment for such offense is
            found, or the information for such offense is
            instituted, not later than 7 years after the date on
            which the offense was committed.
              (2) Death resulting offenses.--An indictment or
            information alleging that an offense under this section
            resulted in death may be found or instituted at any
            time without limitation.

               *       *       *       *       *       *       *

    CHAPTER 19--CONSPIRACY

               *       *       *       *       *       *       *

    Sec. 372. Conspiracy to impede or injure officer

      If two or more persons in any State[, Territory, Possession,
    or District] conspire to prevent, by force, intimidation, or
    threat, any person from accepting or holding any office, trust,
    or place of confidence under the United States, or from
    discharging any duties thereof, or to induce by like means any
    officer of the United States to leave the place, where his
    duties as an officer are required to be performed, or to injure
    him in his person or property on account of his lawful
    discharge of the duties of his office, or while engaged in the
    lawful discharge thereof, or to injure his property so as to
    molest, interrupt, hinder, or impede him in the discharge of
    his official duties, each of such persons shall be fined under
    this title or imprisoned not more than six years, or both.

               *       *       *       *       *       *       *

    CHAPTER 21--CONTEMPTS

               *       *       *       *       *       *       *

    Sec. 402. Contempts constituting crimes

      Any person, corporation or association willfully disobeying
    any lawful writ, process, order, rule, decree, or command of
    any district court of the United States or any court of the
    District of Columbia, by doing any act or thing therein, or
    thereby forbidden, if the act or thing so done be of such
    character as to constitute also a criminal offense under any
    statute of the United States or under the laws of any State in
    which the act was committed, shall be prosecuted for such
    contempt as provided in section 3691 of this title and shall be
    punished by a fine under this title or imprisonment, or both.
      Such fine shall be paid to the United States or to the
    complainant or other party injured by the act constituting the
    contempt, or may, where more than one is so damaged, be divided
    or apportioned among them as the court may direct, but in no
    case shall the fine to be paid to the United States exceed, in
    case the accused is a natural person, the sum of $1,000, nor
    shall such imprisonment exceed the term of six months.
      This section shall not be construed to relate to contempts
    committed in the presence of the court, or so near thereto as
    to obstruct the administration of justice, nor to contempts
    committed in disobedience of any lawful writ, process, order,
    rule, decree, or command entered in any suit or action brought
    or prosecuted in the name of, or on behalf of, the United
    States, but the same, and all other cases of contempt not
    specifically embraced in this section may be punished in
    conformity to the prevailing usages at law.
      [
      [For purposes of this section, the term ``State'' includes a
    State of the United States, the District of Columbia, and any
    commonwealth, territory, or possession of the United States.]

               *       *       *       *       *       *       *

    CHAPTER 25--COUNTERFEITING AND FORGERY

               *       *       *       *       *       *       *

    Sec. 491. Tokens or paper used as money

      (a) Whoever, being 18 years of age or over, not lawfully
    authorized, makes, issues, or passes any coin, card, token, or
    device in metal, or its compounds, intended to be used as
    money, or whoever, being 18 years of age or over, with intent
    to defraud, makes, utters, inserts, or uses any card, token,
    slug, disk, device, paper, or other thing similar in size and
    shape to any of the lawful coins or other currency of the
    United States or any coin or other currency not legal tender in
    the United States, to procure anything of value, or the use or
    enjoyment of any property or service from any automatic
    merchandise vending machine, postage-stamp machine, turnstile,
    fare box, coinbox telephone, parking meter or other lawful
    receptacle, depository, or contrivance designed to receive or
    to be operated by lawful coins or other currency of the United
    States, shall be fined under this title, or imprisoned not more
    than one year, or both.
      (b) Whoever manufactures, sells, offers, or advertises for
    sale, or exposes or keeps with intent to furnish or sell any
    token, slug, disk, device, paper, or other thing similar in
    size and shape to any of the lawful coins or other currency of
    the United States, or any token, disk, paper, or other device
    issued or authorized in connection with rationing or food and
    fiber distribution by any agency of the United States, with
    knowledge or reason to believe that such tokens, slugs, disks,
    devices, papers, or other things are intended to be used
    unlawfully or fraudulently to procure anything of value, or the
    use or enjoyment of any property or service from any automatic
    merchandise vending machine, postage-stamp machine, turnstile,
    fare box, coinbox telephone, parking meter, or other lawful
    receptacle, depository, or contrivance designed to receive or
    to be operated by lawful coins or other currency of the United
    States shall be fined under this title or imprisoned not more
    than one year, or both.
      Nothing contained in this section shall create immunity from
    criminal prosecution under the laws of any State[, Commonwealth
    of Puerto Rico, territory, possession, or the District of
    Columbia].
      (c) ``Knowledge or reason to believe'', within the meaning of
    paragraph (b) of this section, may be shown by proof that any
    law-enforcement officer has, prior to the commission of the
    offense with which the defendant is charged, informed the
    defendant that tokens, slugs, disks, or other devices of the
    kind manufactured, sold, offered, or advertised for sale by him
    or exposed or kept with intent to furnish or sell, are being
    used unlawfully or fraudulently to operate certain specified
    automatic merchandise vending machines, postage-stamp machines,
    turnstiles, fare boxes, coin-box telephones, parking meters, or
    other receptacles, depositories, or contrivances, designed to
    receive or to be operated by lawful coins of the United States.

               *       *       *       *       *       *       *

    Sec. 513. Securities of the States and private entities

      (a) Whoever makes, utters or possesses a counterfeited
    security of a State or a political subdivision thereof or of an
    organization, or whoever makes, utters or possesses a forged
    security of a State or political subdivision thereof or of an
    organization, with intent to deceive another person,
    organization, or government shall be fined under this title or
    imprisoned for not more than ten years, or both.
      (b) Whoever makes, receives, possesses, sells or otherwise
    transfers an implement designed for or particularly suited for
    making a counterfeit or forged security with the intent that it
    be so used shall be punished by a fine under this title or by
    imprisonment for not more than ten years, or both.
      (c) For purposes of this section--
              (1) the term ``counterfeited'' means a document that
            purports to be genuine but is not, because it has been
            falsely made or manufactured in its entirety;
              (2) the term ``forged'' means a document that
            purports to be genuine but is not because it has been
            falsely altered, completed, signed, or endorsed, or
            contains a false addition thereto or insertion therein,
            or is a combination of parts of two or more genuine
            documents;
              (3) the term ``security'' means--
                      (A) a note, stock certificate, treasury stock
                    certificate, bond, treasury bond, debenture,
                    certificate of deposit, interest coupon, bill,
                    check, draft, warrant, debit instrument as
                    defined in section 916(c) of the Electronic
                    Fund Transfer Act, money order, traveler's
                    check, letter of credit, warehouse receipt,
                    negotiable bill of lading, evidence of
                    indebtedness, certificate of interest in or
                    participation in any profit-sharing agreement,
                    collateral-trust certificate, pre-
                    reorganization certificate of subscription,
                    transferable share, investment contract, voting
                    trust certificate, or certificate of interest
                    in tangible or intangible property;
                      (B) an instrument evidencing ownership of
                    goods, wares, or merchandise;
                      (C) any other written instrument commonly
                    known as a security;
                      (D) a certificate of interest in, certificate
                    of participation in, certificate for, receipt
                    for, or warrant or option or other right to
                    subscribe to or purchase, any of the foregoing;
                    or
                      (E) a blank form of any of the foregoing; and
              (4) the term ``organization'' means a legal entity,
            other than a government, established or organized for
            any purpose, and includes a corporation, company,
            association, firm, partnership, joint stock company,
            foundation, institution, society, union, or any other
            association of persons which operates in or the
            activities of which affect interstate or foreign
            commerce[; and].
              [(5) the term ``State'' includes a State of the
            United States, the District of Columbia, Puerto Rico,
            Guam, the Virgin Islands, and any other territory or
            possession of the United States.]

               *       *       *       *       *       *       *

    CHAPTER 26--CRIMINAL STREET GANGS

               *       *       *       *       *       *       *

    Sec. 521. Criminal street gangs

      (a) Definitions.--
              ``conviction'' includes a finding, under State or
            Federal law, that a person has committed an act of
            juvenile delinquency involving a violent or controlled
            substances felony.
              ``criminal street gang'' means an ongoing group,
            club, organization, or association of 5 or more persons
            -
                      (A) that has as 1 of its primary purposes the
                    commission of 1 or more of the criminal
                    offenses described in subsection (c);
                      (B) the members of which engage, or have
                    engaged within the past 5 years, in a
                    continuing series of offenses described in
                    subsection (c); and
                      (C) the activities of which affect interstate
                    or foreign commerce.
              [``State'' means a State of the United States, the
            District of Columbia, and any commonwealth, territory,
            or possession of the United States.]
      (b) Penalty.--The sentence of a person convicted of an
    offense described in subsection (c) shall be increased by up to
    10 years if the offense is committed under the circumstances
    described in subsection (d).
      (c) Offenses.--The offenses described in this section are--
              (1) a Federal felony involving a controlled substance
            (as defined in section 102 of the Controlled Substances
            Act (21 U.S.C. 802)) for which the maximum penalty is
            not less than 5 years;
              (2) a Federal felony crime of violence that has as an
            element the use or attempted use of physical force
            against the person of another; and
              (3) a conspiracy to commit an offense described in
            paragraph (1) or (2).
      (d) Circumstances.--The circumstances described in this
    section are that the offense described in subsection (c) was
    committed by a person who--
              (1) participates in a criminal street gang with
            knowledge that its members engage in or have engaged in
            a continuing series of offenses described in subsection
            (c);
              (2) intends to promote or further the felonious
            activities of the criminal street gang or maintain or
            increase his or her position in the gang; and
              (3) has been convicted within the past 5 years for--
                      (A) an offense described in subsection (c);
                      (B) a State offense--
                              (i) involving a controlled substance
                            (as defined in section 102 of the
                            Controlled Substances Act (21 U.S.C.
                            802)) for which the maximum penalty is
                            not less than 5 years' imprisonment; or
                              (ii) that is a felony crime of
                            violence that has as an element the use
                            or attempted use of physical force
                            against the person of another;
                      (C) any Federal or State felony offense that
                    by its nature involves a substantial risk that
                    physical force against the person of another
                    may be used in the course of committing the
                    offense; or
                      (D) a conspiracy to commit an offense
                    described in subparagraph (A), (B), or (C).

               *       *       *       *       *       *       *

                 CHAPTER 29--ELECTIONS AND POLITICAL ACTIVITIES

    Sec.
    592. Troops at polls.
         * * * * * * *
    595. Interference by administrative employees of Federal[, State, or
              Territorial] Governments.

               *       *       *       *       *       *       *

    Sec. 595. Interference by administrative employees of Federal[, State,
                        or Territorial]  or State Governments

      Whoever, being a person employed in any administrative
    position by the United States, or by any department or agency
    thereof, or by the District of Columbia or any agency or
    instrumentality thereof, or by any State[, Territory, or
    Possession of the United States], or any political subdivision,
    municipality, or agency thereof, or agency of such political
    subdivision or municipality (including any corporation owned or
    controlled by any State[, Territory, or Possession of the
    United States] or by any such political subdivision,
    municipality, or agency), in connection with any activity which
    is financed in whole or in part by loans or grants made by the
    United States, or any department or agency thereof, uses his
    official authority for the purpose of interfering with, or
    affecting, the nomination or the election of any candidate for
    the office of President, Vice President, Presidential elector,
    Member of the Senate, Member of the House of Representatives,
    Delegate from the District of Columbia, or Resident
    Commissioner, shall be fined under this title or imprisoned not
    more than one year, or both.
      This section shall not prohibit or make unlawful any act by
    any officer or employee of any educational or research
    institution, establishment, agency, or system which is
    supported in whole or in part by any state or political
    subdivision thereof, or by the District of Columbia or by any
    Territory or Possession of the United States; or by any
    recognized religious, philanthropic or cultural organization.

               *       *       *       *       *       *       *

    Sec. 601. Deprivation of employment or other benefit for political
                        contribution

      (a) Whoever, directly or indirectly, knowingly causes or
    attempts to cause any person to make a contribution of a thing
    of value (including services) for the benefit of any candidate
    or any political party, by means of the denial or deprivation,
    or the threat of the denial or deprivation, of--
              (1) any employment, position, or work in or for any
            agency or other entity of the Government of the United
            States, a State, or a political subdivision of a State,
            or any compensation or benefit of such employment,
            position, or work; or
              (2) any payment or benefit of a program of the United
            States, a State, or a political subdivision of a State;
    if such employment, position, work, compensation, payment, or
    benefit is provided for or made possible in whole or in part by
    an Act of Congress, shall be fined under this title, or
    imprisoned not more than one year, or both.
      (b) As used in this section--
              (1) the term ``candidate'' means an individual who
            seeks nomination for election, or election, to Federal,
            State, or local office, whether or not such individual
            is elected, and, for purposes of this paragraph, an
            individual shall be deemed to seek nomination for
            election, or election, to Federal, State, or local
            office, if he has (A) taken the action necessary under
            the law of a State to qualify himself for nomination
            for election, or election, or (B) received
            contributions or made expenditures, or has given his
            consent for any other person to receive contributions
            or make expenditures, with a view to bringing about his
            nomination for election, or election, to such office;
              (1) he law of a State to qualify himself for
            nomination for election, or election, or (B) received
            contributions or made expenditures, or has given his
            consent for any other person to receive contributions
            or make expenditures, with a view to bringing about his
            nomination for election, or election, to such office;
            and
              (2) the term ``election'' means (A) a general,
            special primary, or runoff election, (B) a convention
            or caucus of a political party held to nominate a
            candidate, (C) a primary election held for the
            selection of delegates to a nominating convention of a
            political party, (D) a primary election held for the
            expression of a preference for the nomination of
            persons for election to the office of President, and
            (E) the election of delegates to a constitutional
            convention for proposing amendments to the Constitution
            of the United States or of any State[; and].
              [(3) the term ``State'' means a State of the United
            States, the District of Columbia, the Commonwealth of
            Puerto Rico, or any territory or possession of the
            United States.]

               *       *       *       *       *       *       *

    CHAPTER 31--EMBEZZLEMENT AND THEFT

               *       *       *       *       *       *       *

    Sec. 666. Theft or bribery concerning programs receiving Federal funds

      (a) Whoever, if the circumstance described in subsection (b)
    of this section exists--
              (1) being an agent of an organization, or of a State,
            local, or Indian tribal government, or any agency
            thereof--
                      (A) embezzles, steals, obtains by fraud, or
                    otherwise without authority knowingly converts
                    to the use of any person other than the
                    rightful owner or intentionally misapplies,
                    property that--
                              (i) is valued at $5,000 or more, and
                              (ii) is owned by, or is under the
                            care, custody, or control of such
                            organization, government, or agency; or
                      (B) corruptly solicits or demands for the
                    benefit of any person, or accepts or agrees to
                    accept, anything of value from any person,
                    intending to be influenced or rewarded in
                    connection with any business, transaction, or
                    series of transactions of such organization,
                    government, or agency involving any thing of
                    value of $5,000 or more; or
              (2) corruptly gives, offers, or agrees to give
            anything of value to any person, with intent to
            influence or reward an agent of an organization or of a
            State, local or Indian tribal government, or any agency
            thereof, in connection with any business, transaction,
            or series of transactions of such organization,
            government, or agency involving anything of value of
            $5,000 or more;
    shall be fined under this title, imprisoned not more than 10
    years, or both.
      (b) The circumstance referred to in subsection (a) of this
    section is that the organization, government, or agency
    receives, in any one year period, benefits in excess of $10,000
    under a Federal program involving a grant, contract, subsidy,
    loan, guarantee, insurance, or other form of Federal
    assistance.
      (c) This section does not apply to bona fide salary, wages,
    fees, or other compensation paid, or expenses paid or
    reimbursed, in the usual course of business.
      (d) As used in this section--
              (1) the term ``agent'' means a person authorized to
            act on behalf of another person or a government and, in
            the case of an organization or government, includes a
            servant or employee, and a partner, director, officer,
            manager, and representative;
              (2) the term ``government agency'' means a
            subdivision of the executive, legislative, judicial, or
            other branch of government, including a department,
            independent establishment, commission, administration,
            authority, board, and bureau, and a corporation or
            other legal entity established, and subject to control,
            by a government or governments for the execution of a
            governmental or intergovernmental program;
              (3) the term ``local'' means of or pertaining to a
            political subdivision within a State; and
              [(4) the term ``State'' includes a State of the
            United States, the District of Columbia, and any
            commonwealth, territory, or possession of the United
            States; and]
              (5) the term ``in any one-year period'' means a
            continuous period that commences no earlier than twelve
            months before the commission of the offense or that
            ends no later than twelve months after the commission
            of the offense. Such period may include time both
            before and after the commission of the offense.

               *       *       *       *       *       *       *

    CHAPTER 33--EMBLEMS, INSIGNIA, AND NAMES

               *       *       *       *       *       *       *

    Sec. 702. Uniform of armed forces and Public Health Service

      Whoever, in any place within the jurisdiction of the United
    States [or in the Canal Zone], without authority, wears the
    uniform or a distinctive part thereof or anything similar to a
    distinctive part of the uniform of any of the armed forces of
    the United States, Public Health Service or any auxiliary of
    such, shall be fined under this title or imprisoned not more
    than six months, or both.

               *       *       *       *       *       *       *

    CHAPTER 37--ESPIONAGE AND CENSORSHIP

               *       *       *       *       *       *       *

    Sec. 793. Gathering, transmitting or losing defense information

      (a) Whoever, for the purpose of obtaining information
    respecting the national defense with intent or reason to
    believe that the information is to be used to the injury of the
    United States, or to the advantage of any foreign nation, goes
    upon, enters, flies over, or otherwise obtains information
    concerning any vessel, aircraft, work of defense, navy yard,
    naval station, submarine base, fueling station, fort, battery,
    torpedo station, dockyard, canal, railroad, arsenal, camp,
    factory, mine, telegraph, telephone, wireless, or signal
    station, building, office, research laboratory or station or
    other place connected with the national defense owned or
    constructed, or in progress of construction by the United
    States or under the control of the United States, or of any of
    its officers, departments, or agencies, or within the exclusive
    jurisdiction of the United States, or any place in which any
    vessel, aircraft, arms, munitions, or other materials or
    instruments for use in time of war are being made, prepared,
    repaired, stored, or are the subject of research or
    development, under any contract or agreement with the United
    States, or any department or agency thereof, or with any person
    on behalf of the United States, or otherwise on behalf of the
    United States, or any prohibited place so designated by the
    President by proclamation in time of war or in case of national
    emergency in which anything for the use of the Army, Navy, or
    Air Force is being prepared or constructed or stored,
    information as to which prohibited place the President has
    determined would be prejudicial to the national defense; or
      (b) Whoever, for the purpose aforesaid, and with like intent
    or reason to believe, copies, takes, makes, or obtains, or
    attempts to copy, take, make, or obtain, any sketch,
    photograph, photographic negative, blueprint, plan, map, model,
    instrument, appliance, document, writing, or note of anything
    connected with the national defense; or
      (c) Whoever, for the purpose aforesaid, receives or obtains
    or agrees or attempts to receive or obtain from any person, or
    from any source whatever, any document, writing, code book,
    signal book, sketch, photograph, photographic negative,
    blueprint, plan, map, model, instrument, appliance, or note, of
    anything connected with the national defense, knowing or having
    reason to believe, at the time he receives or obtains, or
    agrees or attempts to receive or obtain it, that it has been or
    will be obtained, taken, made, or disposed of by any person
    contrary to the provisions of this chapter; or
      (d) Whoever, lawfully having possession of, access to,
    control over, or being entrusted with any document, writing,
    code book, signal book, sketch, photograph, photographic
    negative, blueprint, plan, map, model, instrument, appliance,
    or note relating to the national defense, or information
    relating to the national defense which information the
    possessor has reason to believe could be used to the injury of
    the United States or to the advantage of any foreign nation,
    willfully communicates, delivers, transmits or causes to be
    communicated, delivered, or transmitted or attempts to
    communicate, deliver, transmit or cause to be communicated,
    delivered or transmitted the same to any person not entitled to
    receive it, or willfully retains the same and fails to deliver
    it on demand to the officer or employee of the United States
    entitled to receive it; or
      (e) Whoever having unauthorized possession of, access to, or
    control over any document, writing, code book, signal book,
    sketch, photograph, photographic negative, blueprint, plan,
    map, model, instrument, appliance, or note relating to the
    national defense, or information relating to the national
    defense which information the possessor has reason to believe
    could be used to the injury of the United States or to the
    advantage of any foreign nation, willfully communicates,
    delivers, transmits or causes to be communicated, delivered, or
    transmitted, or attempts to communicate, deliver, transmit or
    cause to be communicated, delivered, or transmitted the same to
    any person not entitled to receive it, or willfully retains the
    same and fails to deliver it to the officer or employee of the
    United States entitled to receive it; or
      (f) Whoever, being entrusted with or having lawful possession
    or control of any document, writing, code book, signal book,
    sketch, photograph, photographic negative, blueprint, plan,
    map, model, instrument, appliance, note, or information,
    relating to the national defense, (1) through gross negligence
    permits the same to be removed from its proper place of custody
    or delivered to anyone in violation of his trust, or to be
    lost, stolen, abstracted, or destroyed, or (2) having knowledge
    that the same has been illegally removed from its proper place
    of custody or delivered to anyone in violation of its trust, or
    lost, or stolen, abstracted, or destroyed, and fails to make
    prompt report of such loss, theft, abstraction, or destruction
    to his superior officer--
      Shall be fined under this title or imprisoned not more than
    ten years, or both.
      (g) If two or more persons conspire to violate any of the
    foregoing provisions of this section, and one or more of such
    persons do any act to effect the object of the conspiracy, each
    of the parties to such conspiracy shall be subject to the
    punishment provided for the offense which is the object of such
    conspiracy.
      (h)(1) Any person convicted of a violation of this section
    shall forfeit to the United States, irrespective of any
    provision of State law, any property constituting, or derived
    from, any proceeds the person obtained, directly or indirectly,
    from any foreign government, or any faction or party or
    military or naval force within a foreign country, whether
    recognized or unrecognized by the United States, as the result
    of such violation. [For the purposes of this subsection, the
    term ``State'' includes a State of the United States, the
    District of Columbia, and any commonwealth, territory, or
    possession of the United States.]
      (2) The court, in imposing sentence on a defendant for a
    conviction of a violation of this section, shall order that the
    defendant forfeit to the United States all property described
    in paragraph (1) of this subsection.
      (3) The provisions of subsections (b), (c), and (e) through
    (p) of section 413 of the Comprehensive Drug Abuse Prevention
    and Control Act of 1970 (21 U.S.C. 853(b), (c), and (e)-(p))
    shall apply to--
              (A) property subject to forfeiture under this
            subsection;
              (B) any seizure or disposition of such property; and
              (C) any administrative or judicial proceeding in
            relation to such property,
    if not inconsistent with this subsection.
      (4) Notwithstanding section 524(c) of title 28, there shall
    be deposited in the Crime Victims Fund in the Treasury all
    amounts from the forfeiture of property under this subsection
    remaining after the payment of expenses for forfeiture and sale
    authorized by law.

    Sec. 794. Gathering or delivering defense information to aid foreign
                        government

      (a) Whoever, with intent or reason to believe that it is to
    be used to the injury of the United States or to the advantage
    of a foreign nation, communicates, delivers, or transmits, or
    attempts to communicate, deliver, or transmit, to any foreign
    government, or to any faction or party or military or naval
    force within a foreign country, whether recognized or
    unrecognized by the United States, or to any representative,
    officer, agent, employee, subject, or citizen thereof, either
    directly or indirectly, any document, writing, code book,
    signal book, sketch, photograph, photographic negative,
    blueprint, plan, map, model, note, instrument, appliance, or
    information relating to the national defense, shall be punished
    by death or by imprisonment for any term of years or for life,
    except that the sentence of death shall not be imposed unless
    the jury or, if there is no jury, the court, further finds that
    the offense resulted in the identification by a foreign power
    (as defined in section 101(a) of the Foreign Intelligence
    Surveillance Act of 1978) of an individual acting as an agent
    of the United States and consequently in the death of that
    individual, or directly concerned nuclear weaponry, military
    spacecraft or satellites, early warning systems, or other means
    of defense or retaliation against large-scale attack; war
    plans; communications intelligence or cryptographic
    information; or any other major weapons system or major element
    of defense strategy.
      (b) Whoever, in time of war, with intent that the same shall
    be communicated to the enemy, collects, records, publishes, or
    communicates, or attempts to elicit any information with
    respect to the movement, numbers, description, condition, or
    disposition of any of the Armed Forces, ships, aircraft, or war
    materials of the United States, or with respect to the plans or
    conduct, or supposed plans or conduct of any naval or military
    operations, or with respect to any works or measures undertaken
    for or connected with, or intended for the fortification or
    defense of any place, or any other information relating to the
    public defense, which might be useful to the enemy, shall be
    punished by death or by imprisonment for any term of years or
    for life.
      (c) If two or more persons conspire to violate this section,
    and one or more of such persons do any act to effect the object
    of the conspiracy, each of the parties to such conspiracy shall
    be subject to the punishment provided for the offense which is
    the object of such conspiracy.
      (d)(1) Any person convicted of a violation of this section
    shall forfeit to the United States irrespective of any
    provision of State law--
              (A) any property constituting, or derived from, any
            proceeds the person obtained, directly or indirectly,
            as the result of such violation, and
              (B) any of the person's property used, or intended to
            be used, in any manner or part, to commit, or to
            facilitate the commission of, such violation.
     [For the purposes of this subsection, the term ``State''
    includes a State of the United States, the District of
    Columbia, and any commonwealth, territory, or possession of the
    United States.]
      (2) The court, in imposing sentence on a defendant for a
    conviction of a violation of this section, shall order that the
    defendant forfeit to the United States all property described
    in paragraph (1) of this subsection.
      (3) The provisions of subsections (b), (c) and (e) through
    (p) of section 413 of the Comprehensive Drug Abuse Prevention
    and Control Act of 1970 (21 U.S.C. 853(b), (c), and (e)-(p))
    shall apply to--
              (A) property subject to forfeiture under this
            subsection;
              (B) any seizure or disposition of such property; and
              (C) any administrative or judicial proceeding in
            relation to such property,
    if not inconsistent with this subsection.
      (4) Notwithstanding section 524(c) of title 28, there shall
    be deposited in the Crime Victims Fund in the Treasury all
    amounts from the forfeiture of property under this subsection
    remaining after the payment of expenses for forfeiture and sale
    authorized by law.

               *       *       *       *       *       *       *

    Sec. 798. Disclosure of classified information

      (a) Whoever knowingly and willfully communicates, furnishes,
    transmits, or otherwise makes available to an unauthorized
    person, or publishes, or uses in any manner prejudicial to the
    safety or interest of the United States or for the benefit of
    any foreign government to the detriment of the United States
    any classified information--
              (1) concerning the nature, preparation, or use of any
            code, cipher, or cryptographic system of the United
            States or any foreign government; or
              (2) concerning the design, construction, use,
            maintenance, or repair of any device, apparatus, or
            appliance used or prepared or planned for use by the
            United States or any foreign government for
            cryptographic or communication intelligence purposes;
            or
              (3) concerning the communication intelligence
            activities of the United States or any foreign
            government; or
              (4) obtained by the processes of communication
            intelligence from the communications of any foreign
            government, knowing the same to have been obtained by
            such processes--
      Shall be fined under this title or imprisoned not more than
    ten years, or both.
      (b) As used in subsection (a) of this section--
      The term ``classified information'' means information which,
    at the time of a violation of this section, is, for reasons of
    national security, specifically designated by a United States
    Government Agency for limited or restricted dissemination or
    distribution;
      The terms ``code,''``cipher,'' and ``cryptographic system''
    include in their meanings, in addition to their usual meanings,
    any method of secret writing and any mechanical or electrical
    device or method used for the purpose of disguising or
    concealing the contents, significance, or meanings of
    communications;
      The term ``foreign government'' includes in its meaning any
    person or persons acting or purporting to act for or on behalf
    of any faction, party, department, agency, bureau, or military
    force of or within a foreign country, or for or on behalf of
    any government or any person or persons purporting to act as a
    government within a foreign country, whether or not such
    government is recognized by the United States;
      The term ``communication intelligence'' means all procedures
    and methods used in the interception of communications and the
    obtaining of information from such communications by other than
    the intended recipients;
      The term ``unauthorized person'' means any person who, or
    agency which, is not authorized to receive information of the
    categories set forth in subsection (a) of this section, by the
    President, or by the head of a department or agency of the
    United States Government which is expressly designated by the
    President to engage in communication intelligence activities
    for the United States.
      (c) Nothing in this section shall prohibit the furnishing,
    upon lawful demand, of information to any regularly constituted
    committee of the Senate or House of Representatives of the
    United States of America, or joint committee thereof.
      (d)(1) Any person convicted of a violation of this section
    shall forfeit to the United States irrespective of any
    provision of State law--
              (A) any property constituting, or derived from, any
            proceeds the person obtained, directly or indirectly,
            as the result of such violation; and
              (B) any of the person's property used, or intended to
            be used, in any manner or part, to commit, or to
            facilitate the commission of, such violation.
      (2) The court, in imposing sentence on a defendant for a
    conviction of a violation of this section, shall order that the
    defendant forfeit to the United States all property described
    in paragraph (1).
      (3) Except as provided in paragraph (4), the provisions of
    subsections (b), (c), and (e) through (p) of section 413 of the
    Comprehensive Drug Abuse Prevention and Control Act of 1970 (21
    U.S.C. 853(b), (c), and (e)-(p)), shall apply to--
              (A) property subject to forfeiture under this
            subsection;
              (B) any seizure or disposition of such property; and
              (C) any administrative or judicial proceeding in
            relation to such property,
    if not inconsistent with this subsection.
      (4) Notwithstanding section 524(c) of title 28, there shall
    be deposited in the Crime Victims Fund established under
    section 1402 of the Victims of Crime Act of 1984 (42 U.S.C.
    10601) all amounts from the forfeiture of property under this
    subsection remaining after the payment of expenses for
    forfeiture and sale authorized by law.
      [(5) As used in this subsection, the term ``State'' means any
    State of the United States, the District of Columbia, the
    Commonwealth of Puerto Rico, and any territory or possession of
    the United States.]

               *       *       *       *       *       *       *

    CHAPTER 39--EXPLOSIVES AND OTHER DANGEROUS ARTICLES

               *       *       *       *       *       *       *

    Sec. 831. Prohibited transactions involving nuclear materials

      (a) Whoever, if one of the circumstances described in
    subsection (c) of this section occurs--
              (1) without lawful authority, intentionally receives,
            possesses, uses, transfers, alters, disposes of, or
            disperses any nuclear material or nuclear byproduct
            material and--
                      (A) thereby knowingly causes the death of or
                    serious bodily injury to any person or
                    substantial damage to property or to the
                    environment; or
                      (B) circumstances exist, or have been
                    represented to the defendant to exist, that are
                    likely to cause the death or serious bodily
                    injury to any person, or substantial damage to
                    property or to the environment;
              (2) with intent to deprive another of nuclear
            material or nuclear byproduct material, knowingly--
                      (A) takes and carries away nuclear material
                    or nuclear byproduct material of another
                    without authority;
                      (B) makes an unauthorized use, disposition,
                    or transfer, of nuclear material or nuclear
                    byproduct material belonging to another; or
                      (C) uses fraud and thereby obtains nuclear
                    material or nuclear byproduct material
                    belonging to another;
              (3) without lawful authority, intentionally carries,
            sends or moves nuclear material into or out of a
            country;
              (4) knowingly--
                      (A) uses force; or
                      (B) threatens or places another in fear that
                    any person other than the actor will imminently
                    be subject to bodily injury;
            and thereby takes nuclear material or nuclear byproduct
            material belonging to another from the person or
            presence of any other;
              (5) intentionally intimidates any person and thereby
            obtains nuclear material or nuclear byproduct material
            belonging to another;
              (6) with intent to compel any person, international
            organization, or governmental entity to do or refrain
            from doing any act, knowingly threatens to engage in
            conduct described in paragraph (2)(A) or (3) of this
            subsection;
              (7) knowingly threatens to use nuclear material or
            nuclear byproduct material to cause death or serious
            bodily injury to any person or substantial damage to
            property or to the environment under circumstances in
            which the threat may reasonably be understood as an
            expression of serious purposes;
              (8) attempts to commit any act prohibited under
            paragraphs (1) through (5) of this subsection; or
              (9) is a party to a conspiracy of two or more persons
            to commit any act prohibited under paragraphs (1)
            through (7) of this subsection, if any of the parties
            intentionally engages in any conduct in furtherance of
            such offense;
    shall be punished as provided in subsection (b) of this
    section.
      (b) The punishment for an offense under--
              (1) paragraphs (1) through (8) of subsection (a) of
            this section is--
                      (A) a fine under this title; and
                      (B) imprisonment--
                              (i) for any term of years or for life
                            (I) if, while committing the offense,
                            the offender knowingly causes the death
                            of any person; or (II) if, while
                            committing an offense under paragraph
                            (1) or (3) of subsection (a) of this
                            section, the offender, under
                            circumstances manifesting extreme
                            indifference to the life of an
                            individual, knowingly engages in any
                            conduct and thereby recklessly causes
                            the death of or serious bodily injury
                            to any person; and
                              (ii) for not more than 20 years in
                            any other case; and
              (2) paragraph (9) of subsection (a) of this section
            is--
                      (A) a fine under this title; and
                      (B) imprisonment--
                              (i) for not more than 20 years if the
                            offense which is the object of the
                            conspiracy is punishable under
                            paragraph (1)(B)(i); and
                              (ii) for not more than 10 years in
                            any other case.
      (c) The circumstances referred to in subsection (a) of this
    section are that--
              (1) the offense is committed in the United States or
            the special maritime and territorial jurisdiction of
            the United States, or the special aircraft jurisdiction
            of the United States (as defined in section 46501 of
            title 49);
              (2) an offender or a victim is--
                      (A) a national of the United States or a
                    stateless person whose habitual residence is in
                    the United States; or
                      (B) a United States corporation or other
                    legal entity;
              (3) after the conduct required for the offense occurs
            the defendant is found in the United States, even if
            the conduct required for the offense occurs outside the
            United States;
              (4) the conduct required for the offense occurs with
            respect to the carriage of a consignment of nuclear
            material or nuclear byproduct material for peaceful
            purposes by any means of transportation intended to go
            beyond the territory of the state where the shipment
            originates beginning with the departure from a facility
            of the shipper in that state and ending with the
            arrival at a facility of the receiver within the state
            of ultimate destination and either of such states is
            the United States;
              (5) the offense is committed on board a vessel of the
            United States or a vessel subject to the jurisdiction
            of the United States (as defined in section 70502 of
            title 46) or on board an aircraft that is registered
            under United States law, at the time the offense is
            committed;
              (6) the offense is committed outside the United
            States and against any state or government facility of
            the United States; or
              (7) the offense is committed in an attempt to compel
            the United States to do or abstain from doing any act,
            or constitutes a threat directed at the United States.
      (d) Nonapplicability.--This section does not apply to--
              (1) the activities of armed forces during an armed
            conflict, as those terms are understood under the law
            of war, which are governed by that law; or
              (2) activities undertaken by military forces of a
            state in the exercise of their official duties.
      (e) The Attorney General may request assistance from the
    Secretary of Defense under chapter 18 of title 10 in the
    enforcement of this section and the Secretary of Defense may
    provide such assistance in accordance with chapter 18 of title
    10, except that the Secretary of Defense may provide such
    assistance through any Department of Defense personnel.
      (f)(1) The Attorney General may also request assistance from
    the Secretary of Defense under this subsection in the
    enforcement of this section. Notwithstanding section 1385 of
    this title, the Secretary of Defense may, in accordance with
    other applicable law, provide such assistance to the Attorney
    General if--
              (A) an emergency situation exists (as jointly
            determined by the Attorney General and the Secretary of
            Defense in their discretion); and
              (B) the provision of such assistance will not
            adversely affect the military preparedness of the
            United States (as determined by the Secretary of
            Defense in such Secretary's discretion).
      (2) As used in this subsection, the term ``emergency
    situation'' means a circumstance--
              (A) that poses a serious threat to the interests of
            the United States; and
              (B) in which--
                      (i) enforcement of the law would be seriously
                    impaired if the assistance were not provided;
                    and
                      (ii) civilian law enforcement personnel are
                    not capable of enforcing the law.
      (3) Assistance under this section may include--
              (A) use of personnel of the Department of Defense to
            arrest persons and conduct searches and seizures with
            respect to violations of this section; and
              (B) such other activity as is incidental to the
            enforcement of this section, or to the protection of
            persons or property from conduct that violates this
            section.
      (4) The Secretary of Defense may require reimbursement as a
    condition of assistance under this section.
      (5) The Attorney General may delegate the Attorney General's
    function under this subsection only to a Deputy, Associate, or
    Assistant Attorney General.
      (g) As used in this section--
              (1) the term ``nuclear material'' means material
            containing any--
                      (A) plutonium;
                      (B) uranium not in the form of ore or ore
                    residue that contains the mixture of isotopes
                    as occurring in nature;
                      (C) enriched uranium, defined as uranium that
                    contains the isotope 233 or 235 or both in such
                    amount that the abundance ratio of the sum of
                    those isotopes to the isotope 238 is greater
                    than the ratio of the isotope 235 to the
                    isotope 238 occurring in nature; or
                      (D) uranium 233;
              (2) the term ``nuclear byproduct material'' means any
            material containing any radioactive isotope created
            through an irradiation process in the operation of a
            nuclear reactor or accelerator;
              (3) the term ``international organization'' means a
            public international organization designated as such
            pursuant to section 1 of the International
            Organizations Immunities Act (22 U.S.C. 288) or a
            public organization created pursuant to treaty or other
            agreement under international law as an instrument
            through or by which two or more foreign governments
            engage in some aspect of their conduct of international
            affairs;
              (4) the term ``serious bodily injury'' means bodily
            injury which involves--
                      (A) a substantial risk of death;
                      (B) extreme physical pain;
                      (C) protracted and obvious disfigurement; or
                      (D) protracted loss or impairment of the
                    function of a bodily member, organ, or mental
                    faculty;
              (5) the term ``bodily injury'' means--
                      (A) a cut, abrasion, bruise, burn, or
                    disfigurement;
                      (B) physical pain;
                      (C) illness;
                      (D) impairment of a function of a bodily
                    member, organ, or mental faculty; or
                      (E) any other injury to the body, no matter
                    how temporary;
              (6) the term ``national of the United States'' has
            the same meaning as in section 101(a)(22) of the
            Immigration and Nationality Act (8 U.S.C. 1101(a)(22));
              (7) the term ``United States corporation or other
            legal entity'' means any corporation or other entity
            organized under the laws of the United States or any
            State, Commonwealth, territory, possession, or district
            of the United States;
              (8) the term ``armed conflict'' has the meaning given
            that term in section 2332f(e)(11) of this title;
              (9) the term ``military forces of a state'' means the
            armed forces of a country that are organized, trained
            and equipped under its internal law for the primary
            purpose of national defense or security and persons
            acting in support of those armed forces who are under
            their formal command, control and responsibility;
              (10) the term ``state'' has the same meaning as that
            term has under international law, and includes all
            political subdivisions thereof;
              (11) the term ``state or government facility'' has
            the meaning given that term in section 2332f(e)(3) of
            this title; and
              (12) the term ``vessel of the United States'' has the
            meaning given that term in section 70502 of title 46.

               *       *       *       *       *       *       *

    Sec. 836. Transportation of fireworks into State prohibiting sale or
                        use

      Whoever, otherwise than in the course of continuous
    interstate transportation through any State, transports
    fireworks into any State, or delivers them for transportation
    into any State, or attempts so to do, knowing that such
    fireworks are to be delivered, possessed, stored, transshipped,
    distributed, sold, or otherwise dealt with in a manner or for a
    use prohibited by the laws of such State specifically
    prohibiting or regulating the use of fireworks, shall be fined
    under this title or imprisoned not more than one year, or both.
      This section shall not apply to a common or contract carrier
    or to international or domestic water carriers engaged in
    interstate commerce or to the transportation of fireworks into
    a State for the use of Federal agencies in the carrying out or
    the furtherance of their operations.
      In the enforcement of this section, the definitions of
    fireworks contained in the laws of the respective States shall
    be applied.
      [
      [As used in this section, the term ``State'' includes the
    several States, Territories, and possessions of the United
    States, and the District of Columbia.]
      This section shall be effective from and after July 1, 1954.

               *       *       *       *       *       *       *

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

    Sec. 841. Definitions

      As used in this chapter--
              (a) ``Person'' means any individual, corporation,
            company, association, firm, partnership, society, or
            joint stock company.
              (b) ``Interstate'' or foreign commerce means commerce
            between any place in a State and any place outside of
            that State, or within any possession of the United
            States [(not including the Canal Zone)] or the District
            of Columbia, and commerce between places within the
            same State but through any place outside of that State.
            [``State'' includes the District of Columbia, the
            Commonwealth of Puerto Rico, and the possessions of the
            United States (not including the Canal Zone).]
              (c) ``Explosive materials'' means explosives,
            blasting agents, and detonators.
              (d) Except for the purposes of subsections (d), (e),
            (f), (g), (h), (i), and (j) of section 844 of this
            title, ``explosives'' means any chemical compound
            mixture, or device, the primary or common purpose of
            which is to function by explosion; the term includes,
            but is not limited to, dynamite and other high
            explosives, black powder, pellet powder, initiating
            explosives, detonators, safety fuses, squibs,
            detonating cord, igniter cord, and igniters. The
            Attorney General shall publish and revise at least
            annually in the Federal Register a list of these and
            any additional explosives which he determines to be
            within the coverage of this chapter. For the purposes
            of subsections (d), (e), (f), (g), (h), and (i) of
            section 844 of this title, the term ``explosive'' is
            defined in subsection (j) of such section 844.
              (e) ``Blasting agent'' means any material or mixture,
            consisting of fuel and oxidizer, intended for blasting,
            not otherwise defined as an explosive: Provided, That
            the finished product, as mixed for use or shipment,
            cannot be detonated by means of a numbered 8 test
            blasting cap when unconfined.
              (f) ``Detonator'' means any device containing a
            detonating charge that is used for initiating
            detonation in an explosive; the term includes, but is
            not limited to, electric blasting caps of instantaneous
            and delay types, blasting caps for use with safety
            fuses and detonating-cord delay connectors.
              (g) ``Importer'' means any person engaged in the
            business of importing or bringing explosive materials
            into the United States for purposes of sale or
            distribution.
              (h) ``Manufacturer'' means any person engaged in the
            business of manufacturing explosive materials for
            purposes of sale or distribution or for his own use.
              (i) ``Dealer'' means any person engaged in the
            business of distributing explosive materials at
            wholesale or retail.
              (j) ``Permittee'' means any user of explosives for a
            lawful purpose, who has obtained either a user permit
            or a limited permit under the provisions of this
            chapter.
              (k) ``Attorney General'' means the Attorney General
            of the United States.
              (l) ``Crime punishable by imprisonment for a term
            exceeding one year'' shall not mean (1) any Federal or
            State offenses pertaining to antitrust violations,
            unfair trade practices, restraints of trade, or other
            similar offenses relating to the regulation of business
            practices as the Attorney General may by regulation
            designate, or (2) any State offense (other than one
            involving a firearm or explosive) classified by the
            laws of the State as a misdemeanor and punishable by a
            term of imprisonment of two years or less.
              (m) ``Licensee'' means any importer, manufacturer, or
            dealer licensed under the provisions of this chapter.
              (n) ``Distribute'' means sell, issue, give, transfer,
            or otherwise dispose of.
              (o) ``Convention on the Marking of Plastic
            Explosives'' means the Convention on the Marking of
            Plastic Explosives for the Purpose of Detection, Done
            at Montreal on 1 March 1991.
              (p) ``Detection agent'' means any one of the
            substances specified in this subsection when introduced
            into a plastic explosive or formulated in such
            explosive as a part of the manufacturing process in
            such a manner as to achieve homogeneous distribution in
            the finished explosive, including--
                      (1) Ethylene glycol dinitrate (EGDN),
                    C2H4(NO3)2
                    , molecular weight 152, when the minimum
                    concentration in the finished explosive is 0.2
                    percent by mass;
                      (2) 2,3-Dimethyl-2,3-dinitrobutane (DMNB),
                      (3) Para-Mononitrotoluene (p-MNT),
                    C7H7NO2,
                    molecular weight 137, when the minimum
                    concentration in the finished explosive is 0.5
                    percent by mass;
                      (4) Ortho-Mononitrotoluene (o-MNT),
                    C7H7NO2,
                    molecular weight 137, when the minimum
                    concentration in the finished explosive is 0.5
                    percent by mass; and
                      (5) any other substance in the concentration
                    specified by the Attorney General, after
                    consultation with the Secretary of State and
                    the Secretary of Defense, that has been added
                    to the table in part 2 of the Technical Annex
                    to the Convention on the Marking of Plastic
                    Explosives.
              (q) ``Plastic explosive'' means an explosive material
            in flexible or elastic sheet form formulated with one
            or more high explosives which in their pure form has a
            vapor pressure less than 10-4 Pa at a
            temperature of 25+C., is formulated with a binder
            material, and is as a mixture malleable or flexible at
            normal room temperature.
              (r) ``Alien'' means any person who is not a citizen
            or national of the United States.
              (s) ``Responsible person'' means an individual who
            has the power to direct the management and policies of
            the applicant pertaining to explosive materials.
              (t) Indian Tribe. --The term ``Indian tribe'' has the
            meaning given the term in section 102 of the Federally
            Recognized Indian Tribe List Act of 1994 (25 U.S.C.
            479a)).

               *       *       *       *       *       *       *

                  CHAPTER 42--EXTORTIONATE CREDIT TRANSACTIONS

    Sec. 891. Definitions and rules of construction

      For the purposes of this chapter:
      (1) To extend credit means to make or renew any loan, or to
    enter into any agreement, tacit or express, whereby the
    repayment or satisfaction of any debt or claim, whether
    acknowledged or disputed, valid or invalid, and however
    arising, may or will be deferred.
      (2) The term ``creditor'', with reference to any given
    extension of credit, refers to any person making that extension
    of credit, or to any person claiming by, under, or through any
    person making that extension of credit.
      (3) The term ``debtor'', with reference to any given
    extension of credit, refers to any person to whom that
    extension of credit is made, or to any person who guarantees
    the repayment of that extension of credit, or in any manner
    undertakes to indemnify the creditor against loss resulting
    from the failure of any person to whom that extension of credit
    is made to repay the same.
      (4) The repayment of any extension of credit includes the
    repayment, satisfaction, or discharge in whole or in part of
    any debt or claim, acknowledged or disputed, valid or invalid,
    resulting from or in connection with that extension of credit.
      (5) To collect an extension of credit means to induce in any
    way any person to make repayment thereof.
      (6) An extortionate extension of credit is any extension of
    credit with respect to which it is the understanding of the
    creditor and the debtor at the time it is made that delay in
    making repayment or failure to make repayment could result in
    the use of violence or other criminal means to cause harm to
    the person, reputation, or property of any person.
      (7) An extortionate means is any means which involves the
    use, or an express or implicit threat of use, of violence or
    other criminal means to cause harm to the person, reputation,
    or property of any person.
      [(8) The term ``State'' includes the District of Columbia,
    the Commonwealth of Puerto Rico, and territories and
    possessions of the United States.]
      (9) State law, including conflict of laws rules, governing
    the enforceability through civil judicial processes of
    repayment of any extension of credit or the performance of any
    promise given in consideration thereof shall be judicially
    noticed. This paragraph does not impair any authority which any
    court would otherwise have to take judicial notice of any
    matter of State law.

               *       *       *       *       *       *       *

                              CHAPTER 44--FIREARMS

    Sec. 921. Definitions

      (a) As used in this chapter--
      (1) The term ``person'' and the term ``whoever'' include any
    individual, corporation, company, association, firm,
    partnership, society, or joint stock company.
      (2) The term ``interstate or foreign commerce'' includes
    commerce between any place in a State and any place outside of
    that State, or within any possession of the United States [(not
    including the Canal Zone)] or the District of Columbia, but
    such term does not include commerce between places within the
    same State but through any place outside of that State. [The
    term ``State'' includes the District of Columbia, the
    Commonwealth of Puerto Rico, and the possessions of the United
    States (not including the Canal Zone).]
      (3) The term ``firearm'' means (A) any weapon (including a
    starter gun) which will or is designed to or may readily be
    converted to expel a projectile by the action of an explosive;
    (B) the frame or receiver of any such weapon; (C) any firearm
    muffler or firearm silencer; or (D) any destructive device.
    Such term does not include an antique firearm.
      (4) The term ``destructive device'' means--
              (A) any explosive, incendiary, or poison gas--
                      (i) bomb,
                      (ii) grenade,
                      (iii) rocket having a propellant charge of
                    more than four ounces,
                      (iv) missile having an explosive or
                    incendiary charge of more than one-quarter
                    ounce,
                      (v) mine, or
                      (vi) device similar to any of the devices
                    described in the preceding clauses;
              (B) any type of weapon (other than a shotgun or a
            shotgun shell which the Attorney General finds is
            generally recognized as particularly suitable for
            sporting purposes) by whatever name known which will,
            or which may be readily converted to, expel a
            projectile by the action of an explosive or other
            propellant, and which has any barrel with a bore of
            more than one-half inch in diameter; and
              (C) any combination of parts either designed or
            intended for use in converting any device into any
            destructive device described in subparagraph (A) or (B)
            and from which a destructive device may be readily
            assembled.
    The term ``destructive device'' shall not include any device
    which is neither designed nor redesigned for use as a weapon;
    any device, although originally designed for use as a weapon,
    which is redesigned for use as a signaling, pyrotechnic, line
    throwing, safety, or similar device; surplus ordnance sold,
    loaned, or given by the Secretary of the Army pursuant to the
    provisions of section 4684(2), 4685, or 4686 of title 10; or
    any other device which the Attorney General finds is not likely
    to be used as a weapon, is an antique, or is a rifle which the
    owner intends to use solely for sporting, recreational or
    cultural purposes.
      (5) The term ``shotgun'' means a weapon designed or
    redesigned, made or remade, and intended to be fired from the
    shoulder and designed or redesigned and made or remade to use
    the energy of an explosive to fire through a smooth bore either
    a number of ball shot or a single projectile for each single
    pull of the trigger.
      (6) The term ``short-barreled shotgun'' means a shotgun
    having one or more barrels less than eighteen inches in length
    and any weapon made from a shotgun (whether by alteration,
    modification or otherwise) if such a weapon as modified has an
    overall length of less than twenty-six inches.
      (7) The term ``rifle'' means a weapon designed or redesigned,
    made or remade, and intended to be fired from the shoulder and
    designed or redesigned and made or remade to use the energy of
    an explosive to fire only a single projectile through a rifled
    bore for each single pull of the trigger.
      (8) The term ``short-barreled rifle'' means a rifle having
    one or more barrels less than sixteen inches in length and any
    weapon made from a rifle (whether by alteration, modification,
    or otherwise) if such weapon, as modified, has an overall
    length of less than twenty-six inches.
      (9) The term ``importer'' means any person engaged in the
    business of importing or bringing firearms or ammunition into
    the United States for purposes of sale or distribution; and the
    term ``licensed importer'' means any such person licensed under
    the provisions of this chapter.
      (10) The term ``manufacturer'' means any person engaged in
    the business of manufacturing firearms or ammunition for
    purposes of sale or distribution; and the term ``licensed
    manufacturer'' means any such person licensed under the
    provisions of this chapter.
      (11) The term ``dealer'' means (A) any person engaged in the
    business of selling firearms at wholesale or retail, (B) any
    person engaged in the business of repairing firearms or of
    making or fitting special barrels, stocks, or trigger
    mechanisms to firearms, or (C) any person who is a pawnbroker.
    The term ``licensed dealer'' means any dealer who is licensed
    under the provisions of this chapter.
      (12) The term ``pawnbroker'' means any person whose business
    or occupation includes the taking or receiving, by way of
    pledge or pawn, of any firearm as security for the payment or
    repayment of money.
      (13) The term ``collector'' means any person who acquires,
    holds, or disposes of firearms as curios or relics, as the
    Attorney General shall by regulation define, and the term
    ``licensed collector'' means any such person licensed under the
    provisions of this chapter.
      (14) The term ``indictment'' includes an indictment or
    information in any court under which a crime punishable by
    imprisonment for a term exceeding one year may be prosecuted.
      (15) The term ``fugitive from justice'' means any person who
    has fled from any State to avoid prosecution for a crime or to
    avoid giving testimony in any criminal proceeding.
      (16) The term ``antique firearm'' means--
              (A) any firearm (including any firearm with a
            matchlock, flintlock, percussion cap, or similar type
            of ignition system) manufactured in or before 1898; or
              (B) any replica of any firearm described in
            subparagraph (A) if such replica--
                      (i) is not designed or redesigned for using
                    rimfire or conventional centerfire fixed
                    ammunition, or
                      (ii) uses rimfire or conventional centerfire
                    fixed ammunition which is no longer
                    manufactured in the United States and which is
                    not readily available in the ordinary channels
                    of commercial trade; or
              (C) any muzzle loading rifle, muzzle loading shotgun,
            or muzzle loading pistol, which is designed to use
            black powder, or a black powder substitute, and which
            cannot use fixed ammunition. For purposes of this
            subparagraph, the term ``antique firearm'' shall not
            include any weapon which incorporates a firearm frame
            or receiver, any firearm which is converted into a
            muzzle loading weapon, or any muzzle loading weapon
            which can be readily converted to fire fixed ammunition
            by replacing the barrel, bolt, breechblock, or any
            combination thereof.
      (17)(A) The term ``ammunition'' means ammunition or cartridge
    cases, primers, bullets, or propellent powder designed for use
    in any firearm.
      (B) The term ``armor piercing ammunition'' means--
              (i) a projectile or projectile core which may be used
            in a handgun and which is constructed entirely
            (excluding the presence of traces of other substances)
            from one or a combination of tungsten alloys, steel,
            iron, brass, bronze, beryllium copper, or depleted
            uranium; or
              (ii) a full jacketed projectile larger than .22
            caliber designed and intended for use in a handgun and
            whose jacket has a weight of more than 25 percent of
            the total weight of the projectile.
      (C) The term ``armor piercing ammunition'' does not include
    shotgun shot required by Federal or State environmental or game
    regulations for hunting purposes, a frangible projectile
    designed for target shooting, a projectile which the Attorney
    General finds is primarily intended to be used for sporting
    purposes, or any other projectile or projectile core which the
    Attorney General finds is intended to be used for industrial
    purposes, including a charge used in an oil and gas well
    perforating device.
      (18) The term ``Attorney General'' means the Attorney General
    of the United States
      (19) The term ``published ordinance'' means a published law
    of any political subdivision of a State which the Attorney
    General determines to be relevant to the enforcement of this
    chapter and which is contained on a list compiled by the
    Attorney General, which list shall be published in the Federal
    Register, revised annually, and furnished to each licensee
    under this chapter.
      (20) The term ``crime punishable by imprisonment for a term
    exceeding one year'' does not include--
              (A) any Federal or State offenses pertaining to
            antitrust violations, unfair trade practices,
            restraints of trade, or other similar offenses relating
            to the regulation of business practices, or
              (B) any State offense classified by the laws of the
            State as a misdemeanor and punishable by a term of
            imprisonment of two years or less.
    What constitutes a conviction of such a crime shall be
    determined in accordance with the law of the jurisdiction in
    which the proceedings were held. Any conviction which has been
    expunged, or set aside or for which a person has been pardoned
    or has had civil rights restored shall not be considered a
    conviction for purposes of this chapter, unless such pardon,
    expungement, or restoration of civil rights expressly provides
    that the person may not ship, transport, possess, or receive
    firearms.
      (21) The term ``engaged in the business'' means--
              (A) as applied to a manufacturer of firearms, a
            person who devotes time, attention, and labor to
            manufacturing firearms as a regular course of trade or
            business with the principal objective of livelihood and
            profit through the sale or distribution of the firearms
            manufactured;
              (B) as applied to a manufacturer of ammunition, a
            person who devotes time, attention, and labor to
            manufacturing ammunition as a regular course of trade
            or business with the principal objective of livelihood
            and profit through the sale or distribution of the
            ammunition manufactured;
              (C) as applied to a dealer in firearms, as defined in
            section 921(a)(11)(A), a person who devotes time,
            attention, and labor to dealing in firearms as a
            regular course of trade or business with the principal
            objective of livelihood and profit through the
            repetitive purchase and resale of firearms, but such
            term shall not include a person who makes occasional
            sales, exchanges, or purchases of firearms for the
            enhancement of a personal collection or for a hobby, or
            who sells all or part of his personal collection of
            firearms;
              (D) as applied to a dealer in firearms, as defined in
            section 921(a)(11)(B), a person who devotes time,
            attention, and labor to engaging in such activity as a
            regular course of trade or business with the principal
            objective of livelihood and profit, but such term shall
            not include a person who makes occasional repairs of
            firearms, or who occasionally fits special barrels,
            stocks, or trigger mechanisms to firearms;
              (E) as applied to an importer of firearms, a person
            who devotes time, attention, and labor to importing
            firearms as a regular course of trade or business with
            the principal objective of livelihood and profit
            through the sale or distribution of the firearms
            imported; and
              (F) as applied to an importer of ammunition, a person
            who devotes time, attention, and labor to importing
            ammunition as a regular course of trade or business
            with the principal objective of livelihood and profit
            through the sale or distribution of the ammunition
            imported.
      (22) The term ``with the principal objective of livelihood
    and profit'' means that the intent underlying the sale or
    disposition of firearms is predominantly one of obtaining
    livelihood and pecuniary gain, as opposed to other intents,
    such as improving or liquidating a personal firearms
    collection: Provided, That proof of profit shall not be
    required as to a person who engages in the regular and
    repetitive purchase and disposition of firearms for criminal
    purposes or terrorism. For purposes of this paragraph, the term
    ``terrorism'' means activity, directed against United States
    persons, which--
              (A) is committed by an individual who is not a
            national or permanent resident alien of the United
            States;
              (B) involves violent acts or acts dangerous to human
            life which would be a criminal violation if committed
            within the jurisdiction of the United States; and
              (C) is intended--
                      (i) to intimidate or coerce a civilian
                    population;
                      (ii) to influence the policy of a government
                    by intimidation or coercion; or
                      (iii) to affect the conduct of a government
                    by assassination or kidnapping.
      (23) The term ``machinegun'' has the meaning given such term
    in section 5845(b) of the National Firearms Act (26 U.S.C.
    5845(b)).
      (24) The terms ``firearm silencer'' and ``firearm muffler''
    mean any device for silencing, muffling, or diminishing the
    report of a portable firearm, including any combination of
    parts, designed or redesigned, and intended for use in
    assembling or fabricating a firearm silencer or firearm
    muffler, and any part intended only for use in such assembly or
    fabrication.
      (25) The term ``school zone'' means--
              (A) in, or on the grounds of, a public, parochial or
            private school; or
              (B) within a distance of 1,000 feet from the grounds
            of a public, parochial or private school.
      (26) The term ``school'' means a school which provides
    elementary or secondary education, as determined under State
    law.
      (27) The term ``motor vehicle'' has the meaning given such
    term in section 13102 of title 49, United States Code.
      (28) The term ``semiautomatic rifle'' means any repeating
    rifle which utilizes a portion of the energy of a firing
    cartridge to extract the fired cartridge case and chamber the
    next round, and which requires a separate pull of the trigger
    to fire each cartridge.
      (29) The term ``handgun'' means--
              (A) a firearm which has a short stock and is designed
            to be held and fired by the use of a single hand; and
              (B) any combination of parts from which a firearm
            described in subparagraph (A) can be assembled.
      (32) The term ``intimate partner'' means, with respect to a
    person, the spouse of the person, a former spouse of the
    person, an individual who is a parent of a child of the person,
    and an individual who cohabitates or has cohabited with the
    person.
      (33)(A) Except as provided in subparagraph (C), the term
    ``misdemeanor crime of domestic violence'' means an offense
    that--
              (i) is a misdemeanor under Federal, State, or Tribal
            law; and
              (ii) has, as an element, the use or attempted use of
            physical force, or the threatened use of a deadly
            weapon, committed by a current or former spouse,
            parent, or guardian of the victim, by a person with
            whom the victim shares a child in common, by a person
            who is cohabiting with or has cohabited with the victim
            as a spouse, parent, or guardian, or by a person
            similarly situated to a spouse, parent, or guardian of
            the victim.
      (B)(i) A person shall not be considered to have been
    convicted of such an offense for purposes of this chapter,
    unless--
              (I) the person was represented by counsel in the
            case, or knowingly and intelligently waived the right
            to counsel in the case; and
              (II) in the case of a prosecution for an offense
            described in this paragraph for which a person was
            entitled to a jury trial in the jurisdiction in which
            the case was tried, either
                      (aa) the case was tried by a jury, or
                      (bb) the person knowingly and intelligently
                    waived the right to have the case tried by a
                    jury, by guilty plea or otherwise.
      (ii) A person shall not be considered to have been convicted
    of such an offense for purposes of this chapter if the
    conviction has been expunged or set aside, or is an offense for
    which the person has been pardoned or has had civil rights
    restored (if the law of the applicable jurisdiction provides
    for the loss of civil rights under such an offense) unless the
    pardon, expungement, or restoration of civil rights expressly
    provides that the person may not ship, transport, possess, or
    receive firearms.
      (34) The term ``secure gun storage or safety device'' means--
              (A) a device that, when installed on a firearm, is
            designed to prevent the firearm from being operated
            without first deactivating the device;
              (B) a device incorporated into the design of the
            firearm that is designed to prevent the operation of
            the firearm by anyone not having access to the device;
            or
              (C) a safe, gun safe, gun case, lock box, or other
            device that is designed to be or can be used to store a
            firearm and that is designed to be unlocked only by
            means of a key, a combination, or other similar means.
      (35) The term ``body armor'' means any product sold or
    offered for sale, in interstate or foreign commerce, as
    personal protective body covering intended to protect against
    gunfire, regardless of whether the product is to be worn alone
    or is sold as a complement to another product or garment.
      (b) For the purposes of this chapter, a member of the Armed
    Forces on active duty is a resident of the State in which his
    permanent duty station is located.

               *       *       *       *       *       *       *

    CHAPTER 47--FRAUD AND FALSE STATEMENTS

               *       *       *       *       *       *       *

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

      Whoever knowingly makes any false statement or report, or
    willfully overvalues any land, property or security, for the
    purpose of influencing in any way the action of the Federal
    Housing Administration, the Farm Credit Administration, Federal
    Crop Insurance Corporation or a company the Corporation
    reinsures, the Secretary of Agriculture acting through the
    Farmers Home Administration or successor agency, the Rural
    Development Administration or successor agency, any Farm Credit
    Bank, production credit association, agricultural credit
    association, bank for cooperatives, or any division, officer,
    or employee thereof, or of any regional agricultural credit
    corporation established pursuant to law, or a Federal land
    bank, a Federal land bank association, a Federal Reserve bank,
    a small business investment company, as defined in section 103
    of the Small Business Investment Act of 1958 (15 U.S.C. 662),
    or the Small Business Administration in connection with any
    provision of that Act, a Federal credit union, an insured
    State-chartered credit union, any institution the accounts of
    which are insured by the Federal Deposit Insurance
    Corporation,, any Federal home loan bank, the Federal Housing
    Finance Agency, the Federal Deposit Insurance Corporation, the
    Farm Credit System Insurance Corporation, or the National
    Credit Union Administration Board, a branch or agency of a
    foreign bank (as such terms are defined in paragraphs (1) and
    (3) of section 1(b) of the International Banking Act of 1978),
    an organization operating under section 25 or section 25(a) of
    the Federal Reserve Act, or a mortgage lending business, or any
    person or entity that makes in whole or in part a federally
    related mortgage loan as defined in section 3 of the Real
    Estate Settlement Procedures Act of 1974, upon any application,
    advance, discount, purchase, purchase agreement, repurchase
    agreement, commitment, loan, or insurance agreement or
    application for insurance or a guarantee, or any change or
    extension of any of the same, by renewal, deferment of action
    or otherwise, or the acceptance, release, or substitution of
    security therefor, shall be fined not more than $1,000,000 or
    imprisoned not more than 30 years, or both. The term ``State-
    chartered credit union'' includes a credit union chartered
    under the laws of a State [of the United States, the District
    of Columbia, or any commonwealth, territory, or possession of
    the United States.].

               *       *       *       *       *       *       *

    Sec. 1020. Highway projects

      Whoever, being an officer, agent, or employee of the United
    States, or of any State [or Territory], or whoever, whether a
    person, association, firm, or corporation, knowingly makes any
    false statement, false representation, or false report as to
    the character, quality, quantity, or cost of the material used
    or to be used, or the quantity or quality of the work performed
    or to be performed, or the costs thereof in connection with the
    submission of plans, maps, specifications, contracts, or costs
    of construction of any highway or related project submitted for
    approval to the Secretary of Transportation; or
      Whoever knowingly makes any false statement, false
    representation, false report, or false claim with respect to
    the character, quality, quantity, or cost of any work performed
    or to be performed, or materials furnished or to be furnished,
    in connection with the construction of any highway or related
    project approved by the Secretary of Transportation; or
      Whoever knowingly makes any false statement or false
    representation as to a material fact in any statement,
    certificate, or report submitted pursuant to the provisions of
    the Federal-Aid Road Act approved July 11, 1916 (39 Stat. 355),
    as amended and supplemented,
      Shall be fined under this title or imprisoned not more than
    five years, or both.

               *       *       *       *       *       *       *

    Sec. 1028. Fraud and related activity in connection with identification
                        documents, authentication features, and information

      (a) Whoever, in a circumstance described in subsection (c) of
    this section--
              (1) knowingly and without lawful authority produces
            an identification document, authentication feature, or
            a false identification document;
              (2) knowingly transfers an identification document,
            authentication feature, or a false identification
            document knowing that such document or feature was
            stolen or produced without lawful authority;
              (3) knowingly possesses with intent to use unlawfully
            or transfer unlawfully five or more identification
            documents (other than those issued lawfully for the use
            of the possessor), authentication features, or false
            identification documents;
              (4) knowingly possesses an identification document
            (other than one issued lawfully for the use of the
            possessor), authentication feature, or a false
            identification document, with the intent such document
            or feature be used to defraud the United States;
              (5) knowingly produces, transfers, or possesses a
            document-making implement or authentication feature
            with the intent such document-making implement or
            authentication feature will be used in the production
            of a false identification document or another document-
            making implement or authentication feature which will
            be so used;
              (6) knowingly possesses an identification document or
            authentication feature that is or appears to be an
            identification document or authentication feature of
            the United States or a sponsoring entity of an event
            designated as a special event of national significance
            which is stolen or produced without lawful authority
            knowing that such document or feature was stolen or
            produced without such authority;
              (7) knowingly transfers, posseses, or uses, without
            lawful authority, a means of identification of another
            person with the intent to commit, or to aid or abet, or
            in connection with, any unlawful activity that
            constitutes a violation of Federal law, or that
            constitutes a felony under any applicable State or
            local law; or
              (8) knowingly traffics in false or actual
            authentication features for use in false identification
            documents, document-making implements, or means of
            identification;
    shall be punished as provided in subsection (b) of this
    section.
      (b) The punishment for an offense under subsection (a) of
    this section is--
              (1) except as provided in paragraphs (3) and (4), a
            fine under this title or imprisonment for not more than
            15 years, or both, if the offense is--
                      (A) the production or transfer of an
                    identification document, authentication
                    feature, or false identification document that
                    is or appears to be--
                              (i) an identification document or
                            authentication feature issued by or
                            under the authority of the United
                            States; or
                              (ii) a birth certificate, or a
                            driver's license or personal
                            identification card;
                      (B) the production or transfer of more than
                    five identification documents, authentication
                    features, or false identification documents;
                      (C) an offense under paragraph (5) of such
                    subsection; or
                      (D) an offense under paragraph (7) of such
                    subsection that involves the transfer,
                    possession, or use of 1 or more means of
                    identification if, as a result of the offense,
                    any individual committing the offense obtains
                    anything of value aggregating $1,000 or more
                    during any 1-year period;
              (2) except as provided in paragraphs (3) and (4), a
            fine under this title or imprisonment for not more than
            5 years, or both, if the offense is--
                      (A) any other production, transfer, or use of
                    a means of identification, an identification
                    document,, authentication feature, or a false
                    identification document; or
                      (B) an offense under paragraph (3) or (7) of
                    such subsection;
              (3) a fine under this title or imprisonment for not
            more than 20 years, or both, if the offense is
            committed--
                      (A) to facilitate a drug trafficking crime
                    (as defined in section 929(a)(2));
                      (B) in connection with a crime of violence
                    (as defined in section 924(c)(3)); or
                      (C) after a prior conviction under this
                    section becomes final;
              (4) a fine under this title or imprisonment for not
            more than 30 years, or both, if the offense is
            committed to facilitate an act of domestic terrorism
            (as defined under section 2331(5) of this title) or an
            act of international terrorism (as defined in section
            2331(1) of this title);
              (5) in the case of any offense under subsection (a),
    forfeiture to the United States of any personal property used
    or intended to be used to commit the offense; and
              (6) a fine under this title or imprisonment for not
            more than one year, or both, in any other case.
      (c) The circumstance referred to in subsection (a) of this
    section is that--
              (1) the identification document, authentication
            feature, or false identification document is or appears
            to be issued by or under the authority of the United
            States or a sponsoring entity of an event designated as
            a special event of national significance or the
            document-making implement is designed or suited for
            making such an identification document, authentication
            feature, or false identification document;
              (2) the offense is an offense under subsection (a)(4)
            of this section; or
              (3) either--
                      (A) the production, transfer, possession, or
                    use prohibited by this section is in or affects
                    interstate or foreign commerce, including the
                    transfer of a document by electronic means; or
                      (B) the means of identification,
                    identification document, false identification
                    document, or document-making implement is
                    transported in the mail in the course of the
                    production, transfer, possession, or use
                    prohibited by this section.
      (d) In this section and section 1028A--
              (1) the term ``authentication feature'' means any
            hologram, watermark, certification, symbol, code,
            image, sequence of numbers or letters, or other feature
            that either individually or in combination with another
            feature is used by the issuing authority on an
            identification document, document-making implement, or
            means of identification to determine if the document is
            counterfeit, altered, or otherwise falsified;
              (2) the term ``document-making implement'' means any
            implement, impression, template, computer file,
            computer disc, electronic device, or computer hardware
            or software, that is specifically configured or
            primarily used for making an identification document, a
            false identification document, or another document-
            making implement;
              (3) the term ``identification document'' means a
            document made or issued by or under the authority of
            the United States Government, a State, political
            subdivision of a State, a sponsoring entity of an event
            designated as a special event of national significance,
            a foreign government, political subdivision of a
            foreign government, an international governmental or an
            international quasi-governmental organization which,
            when completed with information concerning a particular
            individual, is of a type intended or commonly accepted
            for the purpose of identification of individuals;
              (4) the term ``false identification document'' means
            a document of a type intended or commonly accepted for
            the purposes of identification of individuals that--
                      (A) is not issued by or under the authority
                    of a governmental entity or was issued under
                    the authority of a governmental entity but was
                    subsequently altered for purposes of deceit;
                    and
                      (B) appears to be issued by or under the
                    authority of the United States Government, a
                    State, a political subdivision of a State, a
                    sponsoring entity of an event designated by the
                    President as a special event of national
                    significance, a foreign government, a political
                    subdivision of a foreign government, or an
                    international governmental or quasi-
                    governmental organization;
              (5) the term ``false authentication feature'' means
            an authentication feature that--
                      (A) is genuine in origin, but, without the
                    authorization of the issuing authority, has
                    been tampered with or altered for purposes of
                    deceit;
                      (B) is genuine, but has been distributed, or
                    is intended for distribution, without the
                    authorization of the issuing authority and not
                    in connection with a lawfully made
                    identification document, document-making
                    implement, or means of identification to which
                    such authentication feature is intended to be
                    affixed or embedded by the respective issuing
                    authority; or
                      (C) appears to be genuine, but is not;
              (6) the term ``issuing authority''--
                      (A) means any governmental entity or agency
                    that is authorized to issue identification
                    documents, means of identification, or
                    authentication features; and
                      (B) includes the United States Government, a
                    State, a political subdivision of a State, a
                    sponsoring entity of an event designated by the
                    President as a special event of national
                    significance, a foreign government, a political
                    subdivision of a foreign government, or an
                    international government or quasi-governmental
                    organization;;
              (7) the term ``means of identification'' means any
            name or number that may be used, alone or in
            conjunction with any other information, to identify a
            specific individual, including any--
                      (A) name, social security number, date of
                    birth, official State or government issued
                    driver's license or identification number,
                    alien registration number, government passport
                    number, employer or taxpayer identification
                    number;
                      (B) unique biometric data, such as
                    fingerprint, voice print, retina or iris image,
                    or other unique physical representation;
                      (C) unique electronic identification number,
                    address, or routing code; or
                      (D) telecommunication identifying information
                    or access device (as defined in section
                    1029(e));
              (8) the term ``personal identification card'' means
            an identification document issued by a State or local
            government solely for the purpose of identification;
              (9) the term ``produce'' includes alter,
            authenticate, or assemble;
              (10) the term ``transfer'' includes selecting an
            identification document, false identification document,
            or document-making implement and placing or directing
            the placement of such identification document, false
            identification document, or document-making implement
            on an online location where it is available to others;
            and
              [(11) the term ``State'' includes any State of the
            United States, the District of Columbia, the
            Commonwealth of Puerto Rico, and any other
            commonwealth, possession, or territory of the United
            States; and]
              (12) the term ``traffic'' means--
                      (A) to transport, transfer, or otherwise
                    dispose of, to another, as consideration for
                    anything of value; or
                      (B) to make or obtain control of with intent
                    to so transport, transfer, or otherwise dispose
                    of.
      (e) This section does not prohibit any lawfully authorized
    investigative, protective, or intelligence activity of a law
    enforcement agency of the United States, a State, or a
    political subdivision of a State, or of an intelligence agency
    of the United States, or any activity authorized under chapter
    224 of this title.
      (f) Attempt and Conspiracy.--Any person who attempts or
    conspires to commit any offense under this section shall be
    subject to the same penalties as those prescribed for the
    offense, the commission of which was the object of the attempt
    or conspiracy.
      (g) Forfeiture Procedures.--The forfeiture of property under
    this section, including any seizure and disposition of the
    property and any related judicial or administrative proceeding,
    shall be governed by the provisions of section 413 (other than
    subsection (d) of that section) of the Comprehensive Drug Abuse
    Prevention and Control Act of 1970 (21 U.S.C. 853).
      (h) Forfeiture; Disposition.--In the circumstance in which
    any person is convicted of a violation of subsection (a), the
    court shall order, in addition to the penalty prescribed, the
    forfeiture and destruction or other disposition of all illicit
    authentication features, identification documents, document-
    making implements, or means of identification.
      (i) Rule of Construction.--For purpose of subsection (a)(7),
    a single identification document or false identification
    document that contains 1 or more means of identification shall
    be construed to be 1 means of identification.

               *       *       *       *       *       *       *

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

      (a) Whoever--
              (1) knowingly and with intent to defraud produces,
            uses, or traffics in one or more counterfeit access
            devices;
              (2) knowingly and with intent to defraud traffics in
            or uses one or more unauthorized access devices during
            any one-year period, and by such conduct obtains
            anything of value aggregating $1,000 or more during
            that period;
              (3) knowingly and with intent to defraud possesses
            fifteen or more devices which are counterfeit or
            unauthorized access devices;
              (4) knowingly, and with intent to defraud, produces,
            traffics in, has control or custody of, or possesses
            device-making equipment;
              (5) knowingly and with intent to defraud effects
            transactions, with 1 or more access devices issued to
            another person or persons, to receive payment or any
            other thing of value during any 1-year period the
            aggregate value of which is equal to or greater than
            $1,000;
              (6) without the authorization of the issuer of the
            access device, knowingly and with intent to defraud
            solicits a person for the purpose of--
                      (A) offering an access device; or
                      (B) selling information regarding or an
                    application to obtain an access device;
              (7) knowingly and with intent to defraud uses,
            produces, traffics in, has control or custody of, or
            possesses a telecommunications instrument that has been
            modified or altered to obtain unauthorized use of
            telecommunications services;
              (8) knowingly and with intent to defraud uses,
            produces, traffics in, has control or custody of, or
            possesses a scanning receiver;
              (9) knowingly uses, produces, traffics in, has
            control or custody of, or possesses hardware or
            software, knowing it has been configured to insert or
            modify telecommunication identifying information
            associated with or contained in a telecommunications
            instrument so that such instrument may be used to
            obtain telecommunications service without
            authorization; or
              (10) without the authorization of the credit card
            system member or its agent, knowingly and with intent
            to defraud causes or arranges for another person to
            present to the member or its agent, for payment, 1 or
            more evidences or records of transactions made by an
            access device;
    shall, if the offense affects interstate or foreign commerce,
    be punished as provided in subsection (c) of this section.
      (b)(1) Whoever attempts to commit an offense under subsection
    (a) of this section shall be subject to the same penalties as
    those prescribed for the offense attempted.
      (2) Whoever is a party to a conspiracy of two or more persons
    to commit an offense under subsection (a) of this section, if
    any of the parties engages in any conduct in furtherance of
    such offense, shall be fined an amount not greater than the
    amount provided as the maximum fine for such offense under
    subsection (c) of this section or imprisoned not longer than
    one-half the period provided as the maximum imprisonment for
    such offense under subsection (c) of this section, or both.
      (c) Penalties.--
              (1) Generally.--The punishment for an offense under
            subsection (a) of this section is--
                      (A) in the case of an offense that does not
                    occur after a conviction for another offense
                    under this section--
                              (i) if the offense is under paragraph
                            (1), (2), (3), (6), (7), or (10) of
                            subsection (a), a fine under this title
                            or imprisonment for not more than 10
                            years, or both; and
                              (ii) if the offense is under
                            paragraph (4), (5), (8), or (9) of
                            subsection (a), a fine under this title
                            or imprisonment for not more than 15
                            years, or both;
                      (B) in the case of an offense that occurs
                    after a conviction for another offense under
                    this section, a fine under this title or
                    imprisonment for not more than 20 years, or
                    both; and
                      (C) in either case, forfeiture to the United
                    States of any personal property used or
                    intended to be used to commit the offense.
              (2) Forfeiture procedure.--The forfeiture of property
            under this section, including any seizure and
            disposition of the property and any related
            administrative and judicial proceeding, shall be
            governed by section 413 of the Controlled Substances
            Act, except for subsection (d) of that section.
      (d) The United States Secret Service shall, in addition to
    any other agency having such authority, have the authority to
    investigate offenses under this section. Such authority of the
    United States Secret Service shall be exercised in accordance
    with an agreement which shall be entered into by the Secretary
    of the Treasury and the Attorney General.
      (e) As used in this section--
              (1) the term ``access device'' means any card, plate,
            code, account number, electronic serial number, mobile
            identification number, personal identification number,
            or other telecommunications service, equipment, or
            instrument identifier, or other means of account access
            that can be used, alone or in conjunction with another
            access device, to obtain money, goods, services, or any
            other thing of value, or that can be used to initiate a
            transfer of funds (other than a transfer originated
            solely by paper instrument);
              (2) the term ``counterfeit access device'' means any
            access device that is counterfeit, fictitious, altered,
            or forged, or an identifiable component of an access
            device or a counterfeit access device;
              (3) the term ``unauthorized access device'' means any
            access device that is lost, stolen, expired, revoked,
            canceled, or obtained with intent to defraud;
              (4) the term ``produce'' includes design, alter,
            authenticate, duplicate, or assemble;
              (5) the term ``traffic'' means transfer, or otherwise
            dispose of, to another, or obtain control of with
            intent to transfer or dispose of;
              (6) the term ``device-making equipment'' means any
            equipment, mechanism, or impression designed or
            primarily used for making an access device or a
            counterfeit access device;
              (7) the term ``credit card system member'' means a
            financial institution or other entity that is a member
            of a credit card system, including an entity, whether
            affiliated with or identical to the credit card issuer,
            that is the sole member of a credit card system;
              (8) the term ``scanning receiver'' means a device or
            apparatus that can be used to intercept a wire or
            electronic communication in violation of chapter 119 or
            to intercept an electronic serial number, mobile
            identification number, or other identifier of any
            telecommunications service, equipment, or instrument;
              (9) the term ``telecommunications service'' has the
            meaning given such term in section 3 of title I of the
            Communications Act of 1934 (47 U.S.C. 153);
              (10) the term ``facilities-based carrier'' means an
            entity that owns communications transmission
            facilities, is responsible for the operation and
            maintenance of those facilities, and holds an operating
            license issued by the Federal Communications Commission
            under the authority of title III of the Communications
            Act of 1934; and
              (11) the term ``telecommunication identifying
            information'' means electronic serial number or any
            other number or signal that identifies a specific
            telecommunications instrument or account, or a specific
            communication transmitted from a telecommunications
            instrument.
      (f) This section does not prohibit any lawfully authorized
    investigative, protective, or intelligence activity of a law
    enforcement agency of the United States, a State, or a
    political subdivision of a State, or of an intelligence agency
    of the United States, or any activity authorized under chapter
    224 of this title. [For purposes of this subsection, the term
    ``State'' includes a State of the United States, the District
    of Columbia, and any commonwealth, territory, or possession of
    the United States.]
      (g)(1) It is not a violation of subsection (a)(9) for an
    officer, employee, or agent of, or a person engaged in business
    with, a facilities-based carrier, to engage in conduct (other
    than trafficking) otherwise prohibited by that subsection for
    the purpose of protecting the property or legal rights of that
    carrier, unless such conduct is for the purpose of obtaining
    telecommunications service provided by another facilities-based
    carrier without the authorization of such carrier.
      (2) In a prosecution for a violation of subsection (a)(9),
    (other than a violation consisting of producing or trafficking)
    it is an affirmative defense (which the defendant must
    establish by a preponderance of the evidence) that the conduct
    charged was engaged in for research or development in
    connection with a lawful purpose.
      (h) Any person who, outside the jurisdiction of the United
    States, engages in any act that, if committed within the
    jurisdiction of the United States, would constitute an offense
    under subsection (a) or (b) of this section, shall be subject
    to the fines, penalties, imprisonment, and forfeiture provided
    in this title if--
              (1) the offense involves an access device issued,
            owned, managed, or controlled by a financial
            institution, account issuer, credit card system member,
            or other entity within the jurisdiction of the United
            States; and
              (2) the person transports, delivers, conveys,
            transfers to or through, or otherwise stores, secrets,
            or holds within the jurisdiction of the United States,
            any article used to assist in the commission of the
            offense or the proceeds of such offense or property
            derived therefrom.

               *       *       *       *       *       *       *

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

      (a) Whoever--
              (1) having knowingly accessed a computer without
            authorization or exceeding authorized access, and by
            means of such conduct having obtained information that
            has been determined by the United States Government
            pursuant to an Executive order or statute to require
            protection against unauthorized disclosure for reasons
            of national defense or foreign relations, or any
            restricted data, as defined in paragraph y. of section
            11 of the Atomic Energy Act of 1954, with reason to
            believe that such information so obtained could be used
            to the injury of the United States, or to the advantage
            of any foreign nation willfully communicates, delivers,
            transmits, or causes to be communicated, delivered, or
            transmitted, or attempts to communicate, deliver,
            transmit or cause to be communicated, delivered, or
            transmitted the same to any person not entitled to
            receive it, or willfully retains the same and fails to
            deliver it to the officer or employee of the United
            States entitled to receive it;
              (2) intentionally accesses a computer without
            authorization or exceeds authorized access, and thereby
            obtains--
                      (A) information contained in a financial
                    record of a financial institution, or of a card
                    issuer as defined in section 1602(n) of title
                    15, or contained in a file of a consumer
                    reporting agency on a consumer, as such terms
                    are defined in the Fair Credit Reporting Act
                    (15 U.S.C. 1681 et seq.);
                      (B) information from any department or agency
                    of the United States; or
                      (C) information from any protected computer;
              (3) intentionally, without authorization to access
            any nonpublic computer of a department or agency of the
            United States, accesses such a computer of that
            department or agency that is exclusively for the use of
            the Government of the United States or, in the case of
            a computer not exclusively for such use, is used by or
            for the Government of the United States and such
            conduct affects that use by or for the Government of
            the United States;
              (4) knowingly and with intent to defraud, accesses a
            protected computer without authorization, or exceeds
            authorized access, and by means of such conduct
            furthers the intended fraud and obtains anything of
            value, unless the object of the fraud and the thing
            obtained consists only of the use of the computer and
            the value of such use is not more than $5,000 in any 1-
            year period;
              (5)(A) knowingly causes the transmission of a
            program, information, code, or command, and as a result
            of such conduct, intentionally causes damage without
            authorization, to a protected computer;
              (B) intentionally accesses a protected computer
            without authorization, and as a result of such conduct,
            recklessly causes damage; or
              (C) intentionally accesses a protected computer
            without authorization, and as a result of such conduct,
            causes damage and loss.
              (6) knowingly and with intent to defraud traffics (as
            defined in section 1029) in any password or similar
            information through which a computer may be accessed
            without authorization, if--
                      (A) such trafficking affects interstate or
                    foreign commerce; or
                      (B) such computer is used by or for the
                    Government of the United States;
              (7) with intent to extort from any person any money
            or other thing of value, transmits in interstate or
            foreign commerce any communication containing any--
                      (A) threat to cause damage to a protected
                    computer;
                      (B) threat to obtain information from a
                    protected computer without authorization or in
                    excess of authorization or to impair the
                    confidentiality of information obtained from a
                    protected computer without authorization or by
                    exceeding authorized access; or
                      (C) demand or request for money or other
                    thing of value in relation to damage to a
                    protected computer, where such damage was
                    caused to facilitate the extortion;
    shall be punished as provided in subsection (c) of this
    section.
      (b) Whoever conspires to commit or attempts to commit an
    offense under subsection (a) of this section shall be punished
    as provided in subsection (c) of this section.
      (c) The punishment for an offense under subsection (a) or (b)
    of this section is--
              (1)(A) a fine under this title or imprisonment for
            not more than ten years, or both, in the case of an
            offense under subsection (a)(1) of this section which
            does not occur after a conviction for another offense
            under this section, or an attempt to commit an offense
            punishable under this subparagraph; and
              (B) a fine under this title or imprisonment for not
            more than twenty years, or both, in the case of an
            offense under subsection (a)(1) of this section which
            occurs after a conviction for another offense under
            this section, or an attempt to commit an offense
            punishable under this subparagraph;
              (2)(A) except as provided in subparagraph (B), a fine
            under this title or imprisonment for not more than one
            year, or both, in the case of an offense under
            subsection (a)(2), (a)(3), or (a)(6) of this section
            which does not occur after a conviction for another
            offense under this section, or an attempt to commit an
            offense punishable under this subparagraph;
              (B) a fine under this title or imprisonment for not
            more than 5 years, or both, in the case of an offense
            under subsection (a)(2) or an attempt to commit an
            offense punishable under this subparagraph, if--
                      (i) the offense was committed for purposes of
                    commercial advantage or private financial gain;
                      (ii) the offense was committed in furtherance
                    of any criminal or tortious act in violation of
                    the Constitution or laws of the United States
                    or of any State; or
                      (iii) the value of the information obtained
                    exceeds $5,000; and
              (C) a fine under this title or imprisonment for not
            more than ten years, or both, in the case of an offense
            under subsection (a)(2), (a)(3) or (a)(6) of this
            section which occurs after a conviction for another
            offense under such subsection, or an attempt to commit
            an offense punishable under this subparagraph;
              (3)(A) a fine under this title or imprisonment for
            not more than five years, or both, in the case of an
            offense under subsection (a)(4) or (a)(7) of this
            section which does not occur after a conviction for
            another offense under this section, or an attempt to
            commit an offense punishable under this subparagraph;
            and
              (B) a fine under this title or imprisonment for not
            more than ten years, or both, in the case of an offense
            under subsection (a)(4), or (a)(7) of this section
            which occurs after a conviction for another offense
            under this section, or an attempt to commit an offense
            punishable under this subparagraph;
              (4)(A) except as provided in subparagraphs (E) and
            (F), a fine under this title, imprisonment for not more
            than 5 years, or both, in the case of--
                      (i) an offense under subsection (a)(5)(B),
                    which does not occur after a conviction for
                    another offense under this section, if the
                    offense caused (or, in the case of an attempted
                    offense, would, if completed, have caused)--
                              (I) loss to 1 or more persons during
                            any 1-year period (and, for purposes of
                            an investigation, prosecution, or other
                            proceeding brought by the United States
                            only, loss resulting from a related
                            course of conduct affecting 1 or more
                            other protected computers) aggregating
                            at least $5,000 in value;
                              (II) the modification or impairment,
                            or potential modification or
                            impairment, of the medical examination,
                            diagnosis, treatment, or care of 1 or
                            more individuals;
                              (III) physical injury to any person;
                              (IV) a threat to public health or
                            safety;
                              (V) damage affecting a computer used
                            by or for an entity of the United
                            States Government in furtherance of the
                            administration of justice, national
                            defense, or national security; or
                              (VI) damage affecting 10 or more
                            protected computers during any 1-year
                            period; or
                      (ii) an attempt to commit an offense
                    punishable under this subparagraph;
              (B) except as provided in subparagraphs (E) and (F),
            a fine under this title, imprisonment for not more than
            10 years, or both, in the case of--
                      (i) an offense under subsection (a)(5)(A),
                    which does not occur after a conviction for
                    another offense under this section, if the
                    offense caused (or, in the case of an attempted
                    offense, would, if completed, have caused) a
                    harm provided in subclauses (I) through (VI) of
                    subparagraph (A)(i); or
                      (ii) an attempt to commit an offense
                    punishable under this subparagraph;
              (C) except as provided in subparagraphs (E) and (F),
            a fine under this title, imprisonment for not more than
            20 years, or both, in the case of--
                      (i) an offense or an attempt to commit an
                    offense under subparagraphs (A) or (B) of
                    subsection (a)(5) that occurs after a
                    conviction for another offense under this
                    section; or
                      (ii) an attempt to commit an offense
                    punishable under this subparagraph;
              (D) a fine under this title, imprisonment for not
            more than 10 years, or both, in the case of--
                      (i) an offense or an attempt to commit an
                    offense under subsection (a)(5)(C) that occurs
                    after a conviction for another offense under
                    this section; or
                      (ii) an attempt to commit an offense
                    punishable under this subparagraph;
              (E) if the offender attempts to cause or knowingly or
            recklessly causes serious bodily injury from conduct in
            violation of subsection (a)(5)(A), a fine under this
            title, imprisonment for not more than 20 years, or
            both;
              (F) if the offender attempts to cause or knowingly or
            recklessly causes death from conduct in violation of
            subsection (a)(5)(A), a fine under this title,
            imprisonment for any term of years or for life, or
            both; or
              (G) a fine under this title, imprisonment for not
            more than 1 year, or both, for--
                      (i) any other offense under subsection
                    (a)(5); or
                      (ii) an attempt to commit an offense
                    punishable under this subparagraph.
      (d)(1) The United States Secret Service shall, in addition to
    any other agency having such authority, have the authority to
    investigate offenses under this section.
      (2) The Federal Bureau of Investigation shall have primary
    authority to investigate offenses under subsection (a)(1) for
    any cases involving espionage, foreign counterintelligence,
    information protected against unauthorized disclosure for
    reasons of national defense or foreign relations, or Restricted
    Data (as that term is defined in section 11y of the Atomic
    Energy Act of 1954 (42 U.S.C. 2014(y)), except for offenses
    affecting the duties of the United States Secret Service
    pursuant to section 3056(a) of this title.
      (3) Such authority shall be exercised in accordance with an
    agreement which shall be entered into by the Secretary of the
    Treasury and the Attorney General.
      (e) As used in this section--
              (1) the term ``computer'' means an electronic,
            magnetic, optical, electrochemical, or other high speed
            data processing device performing logical, arithmetic,
            or storage functions, and includes any data storage
            facility or communications facility directly related to
            or operating in conjunction with such device, but such
            term does not include an automated typewriter or
            typesetter, a portable hand held calculator, or other
            similar device;
              (2) the term ``protected computer'' means a
            computer--
                      (A) exclusively for the use of a financial
                    institution or the United States Government,
                    or, in the case of a computer not exclusively
                    for such use, used by or for a financial
                    institution or the United States Government and
                    the conduct constituting the offense affects
                    that use by or for the financial institution or
                    the Government; or
                      (B) which is used in or affecting interstate
                    or foreign commerce or communication, including
                    a computer located outside the United States
                    that is used in a manner that affects
                    interstate or foreign commerce or communication
                    of the United States;
              [(3) the term ``State'' includes the District of
            Columbia, the Commonwealth of Puerto Rico, and any
            other commonwealth, possession or territory of the
            United States;]
              (4) the term ``financial institution'' means--
                      (A) an institution, with deposits insured by
                    the Federal Deposit Insurance Corporation;
                      (B) the Federal Reserve or a member of the
                    Federal Reserve including any Federal Reserve
                    Bank;
                      (C) a credit union with accounts insured by
                    the National Credit Union Administration;
                      (D) a member of the Federal home loan bank
                    system and any home loan bank;
                      (E) any institution of the Farm Credit System
                    under the Farm Credit Act of 1971;
                      (F) a broker-dealer registered with the
                    Securities and Exchange Commission pursuant to
                    section 15 of the Securities Exchange Act of
                    1934;
                      (G) the Securities Investor Protection
                    Corporation;
                      (H) a branch or agency of a foreign bank (as
                    such terms are defined in paragraphs (1) and
                    (3) of section 1(b) of the International
                    Banking Act of 1978); and
                      (I) an organization operating under section
                    25 or section 25(a) of the Federal Reserve Act;
              (5) the term ``financial record'' means information
            derived from any record held by a financial institution
            pertaining to a customer's relationship with the
            financial institution;
              (6) the term ``exceeds authorized access'' means to
            access a computer with authorization and to use such
            access to obtain or alter information in the computer
            that the accesser is not entitled so to obtain or
            alter;
              (7) the term ``department of the United States''
            means the legislative or judicial branch of the
            Government or one of the executive departments
            enumerated in section 101 of title 5;
              (8) the term ``damage'' means any impairment to the
            integrity or availability of data, a program, a system,
            or information;
              (9) the term ``government entity'' includes the
            Government of the United States, any State or political
            subdivision of the United States, any foreign country,
            and any state, province, municipality, or other
            political subdivision of a foreign country;
              (10) the term ``conviction'' shall include a
            conviction under the law of any State for a crime
            punishable by imprisonment for more than 1 year, an
            element of which is unauthorized access, or exceeding
            authorized access, to a computer;
              (11) the term ``loss'' means any reasonable cost to
            any victim, including the cost of responding to an
            offense, conducting a damage assessment, and restoring
            the data, program, system, or information to its
            condition prior to the offense, and any revenue lost,
            cost incurred, or other consequential damages incurred
            because of interruption of service; and
              (12) the term ``person'' means any individual, firm,
            corporation, educational institution, financial
            institution, governmental entity, or legal or other
            entity.
      (f) This section does not prohibit any lawfully authorized
    investigative, protective, or intelligence activity of a law
    enforcement agency of the United States, a State, or a
    political subdivision of a State, or of an intelligence agency
    of the United States.
      (g) Any person who suffers damage or loss by reason of a
    violation of this section may maintain a civil action against
    the violator to obtain compensatory damages and injunctive
    relief or other equitable relief. A civil action for a
    violation of this section may be brought only if the conduct
    involves 1 of the factors set forth in subclauses (I), (II),
    (III), (IV), or (V) of subsection (c)(4)(A)(i). Damages for a
    violation involving only conduct described in subsection
    (c)(4)(A)(i)(I) are limited to economic damages.. No action may
    be brought under this subsection unless such action is begun
    within 2 years of the date of the act complained of or the date
    of the discovery of the damage. No action may be brought under
    this subsection for the negligent design or manufacture of
    computer hardware, computer software, or firmware.
      (h) The Attorney General and the Secretary of the Treasury
    shall report to the Congress annually, during the first 3 years
    following the date of the enactment of this subsection,
    concerning investigations and prosecutions under subsection
    (a)(5).
      (i)(1) The court, in imposing sentence on any person
    convicted of a violation of this section, or convicted of
    conspiracy to violate this section, shall order, in addition to
    any other sentence imposed and irrespective of any provision of
    State law, that such person forfeit to the United States--
              (A) such person's interest in any personal property
            that was used or intended to be used to commit or to
            facilitate the commission of such violation; and
              (B) any property, real or personal, constituting or
            derived from, any proceeds that such person obtained,
            directly or indirectly, as a result of such violation.
      (2) The criminal forfeiture of property under this
    subsection, any seizure and disposition thereof, and any
    judicial proceeding in relation thereto, shall be governed by
    the provisions of section 413 of the Comprehensive Drug Abuse
    Prevention and Control Act of 1970 (21 U.S.C. 853), except
    subsection (d) of that section.
      (j) For purposes of subsection (i), the following shall be
    subject to forfeiture to the United States and no property
    right shall exist in them:
              (1) Any personal property used or intended to be used
            to commit or to facilitate the commission of any
            violation of this section, or a conspiracy to violate
            this section.
              (2) Any property, real or personal, which constitutes
            or is derived from proceeds traceable to any violation
            of this section, or a conspiracy to violate this
            section

               *       *       *       *       *       *       *

    Sec. 1033. Crimes by or affecting persons engaged in the business of
                        insurance whose activities affect interstate
                        commerce

      (a)(1) Whoever is engaged in the business of insurance whose
    activities affect interstate commerce and knowingly, with the
    intent to deceive, makes any false material statement or report
    or willfully and materially overvalues any land, property or
    security--
              (A) in connection with any financial reports or
            documents presented to any insurance regulatory
            official or agency or an agent or examiner appointed by
            such official or agency to examine the affairs of such
            person, and
              (B) for the purpose of influencing the actions of
            such official or agency or such an appointed agent or
            examiner,
    shall be punished as provided in paragraph (2).
      (2) The punishment for an offense under paragraph (1) is a
    fine as established under this title or imprisonment for not
    more than 10 years, or both, except that the term of
    imprisonment shall be not more than 15 years if the statement
    or report or overvaluing of land, property, or security
    jeopardized the safety and soundness of an insurer and was a
    significant cause of such insurer being placed in conservation,
    rehabilitation, or liquidation by an appropriate court.
      (b)(1) Whoever--
              (A) acting as, or being an officer, director, agent,
            or employee of, any person engaged in the business of
            insurance whose activities affect interstate commerce,
            or
              (B) is engaged in the business of insurance whose
            activities affect interstate commerce or is involved
            (other than as an insured or beneficiary under a policy
            of insurance) in a transaction relating to the conduct
            of affairs of such a business,
    willfully embezzles, abstracts, purloins, or misappropriates
    any of the moneys, funds, premiums, credits, or other property
    of such person so engaged shall be punished as provided in
    paragraph (2).
      (2) The punishment for an offense under paragraph (1) is a
    fine as provided under this title or imprisonment for not more
    than 10 years, or both, except that if such embezzlement,
    abstraction, purloining, or misappropriation described in
    paragraph (1) jeopardized the safety and soundness of an
    insurer and was a significant cause of such insurer being
    placed in conservation, rehabilitation, or liquidation by an
    appropriate court, such imprisonment shall be not more than 15
    years. If the amount or value so embezzled, abstracted,
    purloined, or misappropriated does not exceed $5,000, whoever
    violates paragraph (1) shall be fined as provided in this title
    or imprisoned not more than one year, or both.
      (c)(1) Whoever is engaged in the business of insurance and
    whose activities affect interstate commerce or is involved
    (other than as an insured or beneficiary under a policy of
    insurance) in a transaction relating to the conduct of affairs
    of such a business, knowingly makes any false entry of material
    fact in any book, report, or statement of such person engaged
    in the business of insurance with intent to deceive any person,
    including any officer, employee, or agent of such person
    engaged in the business of insurance, any insurance regulatory
    official or agency, or any agent or examiner appointed by such
    official or agency to examine the affairs of such person, about
    the financial condition or solvency of such business shall be
    punished as provided in paragraph (2).
      (2) The punishment for an offense under paragraph (1) is a
    fine as provided under this title or imprisonment for not more
    than 10 years, or both, except that if the false entry in any
    book, report, or statement of such person jeopardized the
    safety and soundness of an insurer and was a significant cause
    of such insurer being placed in conservation, rehabilitation,
    or liquidation by an appropriate court, such imprisonment shall
    be not more than 15 years.
      (d) Whoever, by threats or force or by any threatening letter
    or communication, corruptly influences, obstructs, or impedes
    or endeavors corruptly to influence, obstruct, or impede the
    due and proper administration of the law under which any
    proceeding involving the business of insurance whose activities
    affect interstate commerce is pending before any insurance
    regulatory official or agency or any agent or examiner
    appointed by such official or agency to examine the affairs of
    a person engaged in the business of insurance whose activities
    affect interstate commerce, shall be fined as provided in this
    title or imprisoned not more than 10 years, or both.
      (e)(1)(A) Any individual who has been convicted of any
    criminal felony involving dishonesty or a breach of trust, or
    who has been convicted of an offense under this section, and
    who willfully engages in the business of insurance whose
    activities affect interstate commerce or participates in such
    business, shall be fined as provided in this title or
    imprisoned not more than 5 years, or both.
      (B) Any individual who is engaged in the business of
    insurance whose activities affect interstate commerce and who
    willfully permits the participation described in subparagraph
    (A) shall be fined as provided in this title or imprisoned not
    more than 5 years, or both.
      (2) A person described in paragraph (1)(A) may engage in the
    business of insurance or participate in such business if such
    person has the written consent of any insurance regulatory
    official authorized to regulate the insurer, which consent
    specifically refers to this subsection.
      (f) As used in this section--
              (1) the term ``business of insurance'' means--
                      (A) the writing of insurance, or
                      (B) the reinsuring of risks,
            by an insurer, including all acts necessary or
            incidental to such writing or reinsuring and the
            activities of persons who act as, or are, officers,
            directors, agents, or employees of insurers or who are
            other persons authorized to act on behalf of such
            persons;
              (2) the term ``insurer'' means any entity the
            business activity of which is the writing of insurance
            or the reinsuring of risks, and includes any person who
            acts as, or is, an officer, director, agent, or
            employee of that business; and
              (3) the term ``interstate commerce'' means--
                      (A) commerce within the District of Columbia,
                    or any territory or possession of the United
                    States;
                      (B) all commerce between any point in the
                    State, territory, possession, or the District
                    of Columbia and any point outside thereof;
                      (C) all commerce between points within the
                    same State through any place outside such
                    State; or
                      (D) all other commerce over which the United
                    States has jurisdiction[; and].
              [(4) the term ``State'' includes any State, the
            District of Columbia, the Commonwealth of Puerto Rico,
            the Northern Mariana Islands, the Virgin Islands,
            American Samoa, and the Trust Territory of the Pacific
            Islands.]

               *       *       *       *       *       *       *

    CHAPTER 49--FUGITIVES FROM JUSTICE

               *       *       *       *       *       *       *

    Sec. 1073. Flight to avoid prosecution or giving testimony

      Whoever moves or travels in interstate or foreign commerce
    with intent either (1) to avoid prosecution, or custody or
    confinement after conviction, under the laws of the place from
    which he flees, for a crime, or an attempt to commit a crime,
    punishable by death or which is a felony under the laws of the
    place from which the fugitive flees, or (2) to avoid giving
    testimony in any criminal proceedings in such place in which
    the commission of an offense punishable by death or which is a
    felony under the laws of such place, is charged, or (3) to
    avoid service of, or contempt proceedings for alleged
    disobedience of, lawful process requiring attendance and the
    giving of testimony or the production of documentary evidence
    before an agency of a State empowered by the law of such State
    to conduct investigations of alleged criminal activities, shall
    be fined under this title or imprisoned not more than five
    years, or both. [For the purposes of clause (3) of this
    paragraph, the term ``State'' includes a State of the United
    States, the District of Columbia, and any commonwealth,
    territory, or possession of the United States.]
       Violations of this section may be prosecuted only in the
    Federal judicial district in which the original crime was
    alleged to have been committed, or in which the person was held
    in custody or confinement, or in which an avoidance of service
    of process or a contempt referred to in clause (3) of the first
    paragraph of this section is alleged to have been committed,
    and only upon formal approval in writing by the Attorney
    General, the Deputy Attorney General, the Associate Attorney
    General, or an Assistant Attorney General of the United States,
    which function of approving prosecutions may not be delegated.

    Sec. 1074. Flight to avoid prosecution for damaging or destroying any
                        building or other real or personal property

      (a) Whoever moves or travels in interstate or foreign
    commerce with intent either (1) to avoid prosecution, or
    custody, or confinement after conviction, under the laws of the
    place from which he flees, for willfully attempting to or
    damaging or destroying by fire or explosive any building,
    structure, facility, vehicle, dwelling house, synagogue,
    church, religious center or educational institution, public or
    private, or (2) to avoid giving testimony in any criminal
    proceeding relating to any such offense shall be fined under
    this title or imprisoned not more than five years, or both.
      (b) Violations of this section may be prosecuted in the
    Federal judicial district in which the original crime was
    alleged to have been committed or in which the person was held
    in custody or confinement: Provided, however, That this section
    shall not be construed as indicating an intent on the part of
    Congress to prevent any State[, Territory, Commonwealth, or
    possession of the United States] of any jurisdiction over any
    offense over which [they would] it would have jurisdiction in
    the absence of such section.

               *       *       *       *       *       *       *

    CHAPTER 50--GAMBLING

               *       *       *       *       *       *       *

    Sec. 1084. Transmission of wagering information; penalties

      (a) Whoever being engaged in the business of betting or
    wagering knowingly uses a wire communication facility for the
    transmission in interstate or foreign commerce of bets or
    wagers or information assisting in the placing of bets or
    wagers on any sporting event or contest, or for the
    transmission of a wire communication which entitles the
    recipient to receive money or credit as a result of bets or
    wagers, or for information assisting in the placing of bets or
    wagers, shall be fined under this title or imprisoned not more
    than two years, or both.
      (b) Nothing in this section shall be construed to prevent the
    transmission in interstate or foreign commerce of information
    for use in news reporting of sporting events or contests, or
    for the transmission of information assisting in the placing of
    bets or wagers on a sporting event or contest from a State or
    foreign country where betting on that sporting event or contest
    is legal into a State or foreign country in which such betting
    is legal.
      (c) Nothing contained in this section shall create immunity
    from criminal prosecution under any laws of any State.
      (d) When any common carrier, subject to the jurisdiction of
    the Federal Communications Commission, is notified in writing
    by a Federal, State, or local law enforcement agency, acting
    within its jurisdiction, that any facility furnished by it is
    being used or will be used for the purpose of transmitting or
    receiving gambling information in interstate or foreign
    commerce in violation of Federal, State or local law, it shall
    discontinue or refuse, the leasing, furnishing, or maintaining
    of such facility, after reasonable notice to the subscriber,
    but no damages, penalty or forfeiture, civil or criminal, shall
    be found against any common carrier for any act done in
    compliance with any notice received from a law enforcement
    agency. Nothing in this section shall be deemed to prejudice
    the right of any person affected thereby to secure an
    appropriate determination, as otherwise provided by law, in a
    Federal court or in a State or local tribunal or agency, that
    such facility should not be discontinued or removed, or should
    be restored.
      [(e) As used in this section, the term ``State'' means a
    State of the United States, the District of Columbia, the
    Commonwealth of Puerto Rico, or a commonwealth, territory or
    possession of the United States.]

               *       *       *       *       *       *       *

                              CHAPTER 51--HOMICIDE

    Sec. 1111. Murder

      (a) Murder is the unlawful killing of a human being with
    malice aforethought. Every murder perpetrated by poison, lying
    in wait, or any other kind of willful, deliberate, malicious,
    and premeditated killing; or committed in the perpetration of,
    or attempt to perpetrate, any arson, escape, murder,
    kidnapping, treason, espionage, sabotage, aggravated sexual
    abuse or sexual abuse, child abuse, burglary, or robbery; or
    perpetrated as part of a pattern or practice of assault or
    torture against a child or children; or perpetrated from a
    premeditated design unlawfully and maliciously to effect the
    death of any human being other than him who is killed, is
    murder in the first degree. Any other murder is murder in the
    second degree.
      (b) Within the special maritime and territorial jurisdiction
    of the United States,
              Whoever is guilty of murder in the first degree shall
            be punished by death or by imprisonment for life;
              Whoever is guilty of murder in the second degree,
            shall be imprisoned for any term of years or for life.
      (c) For purposes of this section--
              (1) the term ``assault'' has the same meaning as
            given that term in section 113;
              (2) the term ``child'' means a person who has not
            attained the age of 18 years and is--
                      (A) under the perpetrator's care or control;
                    or
                      (B) at least six years younger than the
                    perpetrator;
              (3) the term ``child abuse'' means intentionally or
            knowingly causing death or serious bodily injury to a
            child;
              (4) the term ``pattern or practice of assault or
            torture'' means assault or torture engaged in on at
            least two occasions; and
              [(5) the term ``serious bodily injury'' has the
            meaning set forth in section 1365; and]
              (6) the term ``torture'' means conduct, whether or
            not committed under the color of law, that otherwise
            satisfies the definition set forth in section 2340(1).

               *       *       *       *       *       *       *

    Sec. 1121. Killing persons aiding Federal investigations or State
                        correctional officers

      (a) Whoever intentionally kills--
              (1) a State or local official, law enforcement
            officer, or other officer or employee while working
            with Federal law enforcement officials in furtherance
            of a Federal criminal investigation--
                      (A) while the victim is engaged in the
                    performance of official duties;
                      (B) because of the performance of the
                    victim's official duties; or
                      (C) because of the victim's status as a
                    public servant; or
              (2) any person assisting a Federal criminal
            investigation, while that assistance is being rendered
            and because of it,
    shall be sentenced according to the terms of section 1111,
    including by sentence of death or by imprisonment for life.
      (b)(1) Whoever, in a circumstance described in paragraph (3)
    of this subsection, while incarcerated, intentionally kills any
    State correctional officer engaged in, or on account of the
    performance of such officer's official duties, shall be
    sentenced to a term of imprisonment which shall not be less
    than 20 years, and may be sentenced to life imprisonment or
    death.
      (2) As used in this section, the term, ``State correctional
    officer'' includes any officer or employee of any prison, jail,
    or other detention facility, operated by, or under contract to,
    either a State or local governmental agency, whose job
    responsibilities include providing for the custody of
    incarcerated individuals.
      (3) The circumstance referred to in paragraph (1) is that--
              (A) the correctional officer is engaged in
            transporting the incarcerated person interstate; or
              (B) the incarcerated person is incarcerated pursuant
            to a conviction for an offense against the United
            States.
      [(c) For the purposes of this section, the term ``State''
    means a State of the United States, the District of Columbia,
    and any commonwealth, territory, or possession of the United
    States.]

               *       *       *       *       *       *       *

    CHAPTER 53--INDIANS

               *       *       *       *       *       *       *

    Sec. 1162. State jurisdiction over offenses committed by or against
                        Indians in the Indian country

      (a) Each of the States [or Territories] listed in the
    following table shall have jurisdiction over offenses committed
    by or against Indians in the areas of Indian country listed
    opposite the name of the State [or Territory] to the same
    extent that such State [or Territory] has jurisdiction over
    offenses committed elsewhere within the State [or Territory],
    and the criminal laws of such State [or Territory] shall have
    the same force and effect within such Indian country as they
    have elsewhere within the State [or Territory]:

    ------------------------------------------------------------------------
            State or Territory of               Indian country affected
    ------------------------------------------------------------------------
    Alaska                                All Indian country within the
                                           State, except that on Annette
                                           Islands, the Metlakatla Indian
                                           community may exercise
                                           jurisdiction over offenses
                                           committed by Indians in the same
                                           manner in which such jurisdiction
                                           may be exercised by Indian tribes
                                           in Indian country over which
                                           State jurisdiction has not been
                                           extended.
    California                            All Indian country within the
                                           State.
    Minnesota                             All Indian country within the
                                           State, except the Red Lake
                                           Reservation.
    Nebraska                              All Indian country within the
                                           State.
    Oregon                                All Indian country within the
                                           State, except the Warm Springs
                                           Reservation.
    Wisconsin                             All Indian country within the
                                           State.
    ------------------------------------------------------------------------

      (b) Nothing in this section shall authorize the alienation,
    encumbrance, or taxation of any real or personal property,
    including water rights, belonging to any Indian or any Indian
    tribe, band, or community that is held in trust by the United
    States or is subject to a restriction against alienation
    imposed by the United States; or shall authorize regulation of
    the use of such property in a manner inconsistent with any
    Federal treaty, agreement, or statute or with any regulation
    made pursuant thereto; or shall deprive any Indian or any
    Indian tribe, band, or community of any right, privilege, or
    immunity afforded under Federal treaty, agreement, or statute
    with respect to hunting, trapping, or fishing or the control,
    licensing, or regulation thereof.
      (c) The provisions of sections 1152 and 1153 of this chapter
    shall not be applicable within the areas of Indian country
    listed in subsection (a) of this section as areas over which
    the several States have exclusive jurisdiction.
      (d) Notwithstanding subsection (c), at the request of an
    Indian tribe, and after consultation with and consent by the
    Attorney General--
              (1) sections 1152 and 1153 shall apply in the areas
            of the Indian country of the Indian tribe; and
              (2) jurisdiction over those areas shall be concurrent
            among the Federal Government, State governments, and,
            where applicable, tribal governments.

               *       *       *       *       *       *       *

    CHAPTER 55--KIDNAPPING

               *       *       *       *       *       *       *

    Sec. 1202. Ransom money

      (a) Whoever receives, possesses, or disposes of any money or
    other property, or any portion thereof, which has at any time
    been delivered as ransom or reward in connection with a
    violation of section 1201 of this title, knowing the same to be
    money or property which has been at any time delivered as such
    ransom or reward, shall be fined under this title or imprisoned
    not more than ten years, or both.
      (b) A person who transports, transmits, or transfers in
    interstate or foreign commerce any proceeds of a kidnapping
    punishable under State law by imprisonment for more than 1
    year, or receives, possesses, conceals, or disposes of any such
    proceeds after they have crossed a State or United States
    boundary, knowing the proceeds to have been unlawfully
    obtained, shall be imprisoned not more than 10 years, fined
    under this title, or both.
      [(c) For purposes of this section, the term ``State'' has the
    meaning set forth in section 245(d) of this title.]

               *       *       *       *       *       *       *

    CHAPTER 59--LIQUOR TRAFFIC

               *       *       *       *       *       *       *

    Sec. 1262. Transportation into State prohibiting sale

      Whoever imports, brings, or transports any intoxicating
    liquor into any State[, Territory, District, or Possession] in
    which all sales, except for scientific, sacramental, medicinal,
    or mechanical purposes, of intoxicating liquor containing more
    than 4 per centum of alcohol by volume or 3.2 per centum of
    alcohol by weight are prohibited, otherwise than in the course
    of continuous interstate transportation through such State[,
    Territory, District, or Possession] or attempts so to do, or
    assists in so doing,
      Shall (1) If such liquor is not accompanied by such permits,
    or licenses therefor as may be required by the laws of such
    State[, Territory, District, or Possession] or (2) if all
    importation, bringing, or transportation of intoxicating liquor
    into such State[, Territory, District, or Possession] is
    prohibited by the laws thereof, be fined under this title or
    imprisoned not more than one year, or both.
      In the enforcement of this section, the definition of
    intoxicating liquor contained in the laws of the respective
    States, Territories, Districts, or Possessions shall be
    applied, but only to the extent that sales of such intoxicating
    liquor (except for scientific, sacramental, medicinal, and
    mechanical purposes) are prohibited therein.

               *       *       *       *       *       *       *

    Sec. 1265. C.O.D. shipments prohibited

      Any railroad or express company, or other common carrier
    which, or any person who, in connection with the transportation
    of any spirituous, vinous, malted, or other fermented liquor,
    or any compound containing any spirituous, vinous, malted, or
    other fermented liquor fit for use for beverage purposes, into
    any State[, Territory, District or Possession] of the United
    States, which prohibits the delivery or sale therein of such
    liquor, collects the purchase price or any part thereof,
    before, on, or after delivery, from the consignee, or from any
    other person, or in any manner acts as the agent of the buyer
    or seller of any such liquor, for the purpose of buying or
    selling or completing the sale thereof, saving only in the
    actual transportation and delivery of the same, shall be fined
    under this title or imprisoned not more than one year, or both.

               *       *       *       *       *       *       *

    CHAPTER 61--LOTTERIES

               *       *       *       *       *       *       *

    Sec. 1307. Exceptions relating to certain advertisements and other
                        information and to State-conducted lotteries

      (a) The provisions of sections 1301, 1302, 1303, and 1304
    shall not apply to--
              (1) an advertisement, list of prizes, or other
            information concerning a lottery conducted by a State
            acting under the authority of State law which is--
                      (A) contained in a publication published in
                    that State or in a State which conducts such a
                    lottery; or
                      (B) broadcast by a radio or television
                    station licensed to a location in that State or
                    a State which conducts such a lottery; or
              (2) an advertisement, list of prizes, or other
            information concerning a lottery, gift enterprise, or
            similar scheme, other than one described in paragraph
            (1), that is authorized or not otherwise prohibited by
            the State in which it is conducted and which is--
                      (A) conducted by a not-for-profit
                    organization or a governmental organization; or
                      (B) conducted as a promotional activity by a
                    commercial organization and is clearly
                    occasional and ancillary to the primary
                    business of that organization.
      (b) The provisions of sections 1301, 1302, and 1303 shall not
    apply to the transportation or mailing--
              (1) to addresses within a State of equipment,
            tickets, or material concerning a lottery which is
            conducted by that State acting under the authority of
            State law; or
              (2) to an addressee within a foreign country of
            equipment, tickets, or material designed to be used
            within that foreign country in a lottery which is
            authorized by the law of that foreign country.
      (c) For the purposes of this section [(1) ``State'' means a
    State of the United States, the District of Columbia, the
    Commonwealth of Puerto Rico, or any territory or possession of
    the United States; and (2)] ``foreign country'' means any
    empire, country, dominion, colony, or protectorate, or any
    subdivision thereof (other than the United States, its
    territories or possessions).
      (d) For the purposes of subsection (b) of this section
    ``lottery'' means the pooling of proceeds derived from the sale
    of tickets or chances and allotting those proceeds or parts
    thereof by chance to one or more chance takers or ticket
    purchasers. ``Lottery'' does not include the placing or
    accepting of bets or wagers on sporting events or contests. For
    purposes of this section, the term a ``not-for-profit
    organization'' means any organization that would qualify as tax
    exempt under section 501 of the Internal Revenue Code of 1986.

               *       *       *       *       *       *       *

    CHAPTER 63--MAIL FRAUD AND OTHER FRAUD OFFENSES

               *       *       *       *       *       *       *

    Sec. 1347. Health care fraud

      (a) Whoever knowingly and willfully executes, or attempts to
    execute, a scheme or artifice--
              (1) to defraud any health care benefit program; or
              (2) to obtain, by means of false or fraudulent
            pretenses, representations, or promises, any of the
            money or property owned by, or under the custody or
            control of, any health care benefit program,
    in connection with the delivery of or payment for health care
    benefits, items, or services, shall be fined under this title
    or imprisoned not more than 10 years, or both. If the violation
    results in serious bodily injury [(as defined in section 1365
    of this title)], such person shall be fined under this title or
    imprisoned not more than 20 years, or both; and if the
    violation results in death, such person shall be fined under
    this title, or imprisoned for any term of years or for life, or
    both.
      (b) With respect to violations of this section, a person need
    not have actual knowledge of this section or specific intent to
    commit a violation of this section.

               *       *       *       *       *       *       *

    CHAPTER 65--MALICIOUS MISCHIEF

               *       *       *       *       *       *       *

    Sec. 1365. Tampering with consumer products

      (a) Whoever, with reckless disregard for the risk that
    another person will be placed in danger of death or bodily
    injury and under circumstances manifesting extreme indifference
    to such risk, tampers with any consumer product that affects
    interstate or foreign commerce, or the labeling of, or
    container for, any such product, or attempts to do so, shall--
              (1) in the case of an attempt, be fined under this
            title or imprisoned not more than ten years, or both;
              (2) if death of an individual results, be fined under
            this title or imprisoned for any term of years or for
            life, or both;
              (3) if serious bodily injury to any individual
            results, be fined under this title or imprisoned not
            more than twenty years, or both; and
              (4) in any other case, be fined under this title or
            imprisoned not more than ten years, or both.
      (b) Whoever, with intent to cause serious injury to the
    business of any person, taints any consumer product or renders
    materially false or misleading the labeling of, or container
    for, a consumer product, if such consumer product affects
    interstate or foreign commerce, shall be fined under this title
    or imprisoned not more than three years, or both.
      (c)(1) Whoever knowingly communicates false information that
    a consumer product has been tainted, if such product or the
    results of such communication affect interstate or foreign
    commerce, and if such tainting, had it occurred, would create a
    risk of death or bodily injury to another person, shall be
    fined under this title or imprisoned not more than five years,
    or both.
      (2) As used in paragraph (1) of this subsection, the term
    ``communicates false information'' means communicates
    information that is false and that the communicator knows is
    false, under circumstances in which the information may
    reasonably be expected to be believed.
      (d) Whoever knowingly threatens, under circumstances in which
    the threat may reasonably be expected to be believed, that
    conduct that, if it occurred, would violate subsection (a) of
    this section will occur, shall be fined under this title or
    imprisoned not more than five years, or both.
      (e) Whoever is a party to a conspiracy of two or more persons
    to commit an offense under subsection (a) of this section, if
    any of the parties intentionally engages in any conduct in
    furtherance of such offense, shall be fined under this title or
    imprisoned not more than ten years, or both.
      (f)(1) Whoever, without the consent of the manufacturer,
    retailer, or distributor, intentionally tampers with a consumer
    product that is sold in interstate or foreign commerce by
    knowingly placing or inserting any writing in the consumer
    product, or in the container for the consumer product, before
    the sale of the consumer product to any consumer shall be fined
    under this title, imprisoned not more than 1 year, or both.
      (2) Notwithstanding the provisions of paragraph (1), if any
    person commits a violation of this subsection after a prior
    conviction under this section becomes final, such person shall
    be fined under this title, imprisoned for not more than 3
    years, or both.
      (3) In this subsection, the term ``writing'' means any form
    of representation or communication, including hand-bills,
    notices, or advertising, that contain letters, words, or
    pictorial representations.
      (g) In addition to any other agency which has authority to
    investigate violations of this section, the Food and Drug
    Administration and the Department of Agriculture, respectively,
    have authority to investigate violations of this section
    involving a consumer product that is regulated by a provision
    of law such Administration or Department, as the case may be,
    administers.
      (h) As used in this section--
              (1) the term ``consumer product'' means--
                      (A) any ``food'', ``drug'', ``device'', or
                    ``cosmetic'', as those terms are respectively
                    defined in section 201 of the Federal Food,
                    Drug, and Cosmetic Act (21 U.S.C. 321); or
                      (B) any article, product, or commodity which
                    is customarily produced or distributed for
                    consumption by individuals, or use by
                    individuals for purposes of personal care or in
                    the performance of services ordinarily rendered
                    within the household, and which is designed to
                    be consumed or expended in the course of such
                    consumption or use; and
              (2) the term ``labeling'' has the meaning given such
            term in section 201(m) of the Federal Food, Drug, and
            Cosmetic Act (21 U.S.C. 321(m))[;].
              [(3) the term ``serious bodily injury'' means bodily
            injury which involves--
                      [(A) a substantial risk of death;
                      [(B) extreme physical pain;
                      [(C) protracted and obvious disfigurement; or
                      [(D) protracted loss or impairment of the
                    function of a bodily member, organ, or mental
                    faculty; and]
              (4) the term ``bodily injury'' means--
                      (A) a cut, abrasion, bruise, burn, or
                    disfigurement;
                      (B) physical pain;
                      (C) illness;
                      (D) impairment of the function of a bodily
                    member, organ, or mental faculty; or
                      (E) any other injury to the body, no matter
                    how temporary.

               *       *       *       *       *       *       *

    CHAPTER 73--OBSTRUCTION OF JUSTICE

               *       *       *       *       *       *       *

    Sec. 1511. Obstruction of State or local law enforcement

      (a) It shall be unlawful for two or more persons to conspire
    to obstruct the enforcement of the criminal laws of a State or
    political subdivision thereof, with the intent to facilitate an
    illegal gambling business if--
              (1) one or more of such persons does any act to
            effect the object of such a conspiracy;
              (2) one or more of such persons is an official or
            employee, elected, appointed, or otherwise, of such
            State or political subdivision; and
              (3) one or more of such persons conducts finances,
            manages, supervises, directs, or owns all or part of an
            illegal gambling business.
      (b) As used in this section--
              (1) ``illegal gambling business'' means a gambling
            business which--
                      (i) is a violation of the law of a State or
                    political subdivision in which it is conducted;
                      (ii) involves five or more persons who
                    conduct, finance, manage, supervise, direct, or
                    own all or part of such business; and
                      (iii) has been or remains in substantially
                    continuous operation for a period in excess of
                    thirty days or has a gross revenue of $2,000 in
                    any single day.
              (2) ``gambling'' includes but is not limited to pool-
            selling, bookmaking, maintaining slot machines,
            roulette wheels, or dice tables, and conducting
            lotteries, policy, bolita or numbers games, or selling
            chances therein.
              [(3) ``State'' means any State of the United States,
            the District of Columbia, the Commonwealth of Puerto
            Rico, and any territory or possession of the United
            States.]
      (c) This section shall not apply to any bingo game, lottery,
    or similar game of chance conducted by an organization exempt
    from tax under paragraph (3) of subsection (c) of section 501
    of the Internal Revenue Code of 1986, as amended, if no part of
    the gross receipts derived from such activity inures to the
    benefit of any private shareholder, member, or employee of such
    organization, except as compensation for actual expenses
    incurred by him in the conduct of such activity.
      (d) Whoever violates this section shall be punished by a fine
    under this title or imprisonment for not more than five years,
    or both.

               *       *       *       *       *       *       *

                        CHAPTER 75--PASSPORTS AND VISAS

    Sec. 1541. Issuance without authority

      Whoever, acting or claiming to act in any office or capacity
    under the United States, or a State, without lawful authority
    grants, issues, or verifies any passport or other instrument in
    the nature of a passport to or for any person whomsoever; or
      Whoever, being a consular officer authorized to grant, issue,
    or verify passports, knowingly and willfully grants, issues, or
    verifies any such passport to or for any person not owing
    allegiance, to the United States, whether a citizen or not--
      Shall be fined under this title, imprisoned not more than 25
    years (if the offense was committed to facilitate an act of
    international terrorism (as defined in section 2331 of this
    title)), 20 years (if the offense was committed to facilitate a
    drug trafficking crime (as defined in section 929(a) of this
    title)), 10 years (in the case of the first or second such
    offense, if the offense was not committed to facilitate such an
    act of international terrorism or a drug trafficking crime), or
    15 years (in the case of any other offense), or both.
      [
      [For purposes of this section, the term ``State'' means a
    State of the United States, the District of Columbia, and any
    commonwealth, territory, or possession of the United States.]

               *       *       *       *       *       *       *

    Sec. 1546. Fraud and misuse of visas, permits, and other documents

      (a) Whoever knowingly forges, counterfeits, alters, or
    falsely makes any immigrant or nonimmigrant visa, permit,
    border crossing card, alien registration receipt card, or other
    document prescribed by statute or regulation for entry into or
    as evidence of authorized stay or employment in the United
    States, or utters, uses, attempts to use, possesses, obtains,
    accepts, or receives any such visa, permit, border crossing
    card, alien registration receipt card, or other document
    prescribed by statute or regulation for entry into or as
    evidence of authorized stay or employment in the United States,
    knowing it to be forged, counterfeited, altered, or falsely
    made, or to have been procured by means of any false claim or
    statement, or to have been otherwise procured by fraud or
    unlawfully obtained; or
      Whoever, except under direction of the Attorney General or
    the Commissioner of the Immigration and Naturalization Service,
    or other proper officer, knowingly possesses any blank permit,
    or engraves, sells, brings into the United States, or has in
    his control or possession any plate in the likeness of a plate
    designed for the printing of permits, or makes any print,
    photograph, or impression in the likeness of any immigrant or
    nonimmigrant visa, permit or other document required for entry
    into the United States, or has in his possession a distinctive
    paper which has been adopted by the Attorney General or the
    Commissioner of the Immigration and Naturalization Service for
    the printing of such visas, permits, or documents; or
      Whoever, when applying for an immigrant or nonimmigrant visa,
    permit, or other document required for entry into the United
    States, or for admission to the United States personates
    another, or falsely appears in the name of a deceased
    individual, or evades or attempts to evade the immigration laws
    by appearing under an assumed or fictitious name without
    disclosing his true identity, or sells or otherwise disposes
    of, or offers to sell or otherwise dispose of, or utters, such
    visa, permit, or other document, to any person not authorized
    by law to receive such document; or
      Whoever knowingly makes under oath, or as permitted under
    penalty of perjury under section 1746 of title 28, United
    States Code, knowingly subscribes as true, any false statement
    with respect to a material fact in any application, affidavit,
    or other document required by the immigration laws or
    regulations prescribed thereunder, or knowingly presents any
    such application, affidavit, or other document which contains
    any such false statement or which fails to contain any
    reasonable basis in law or fact--
      Shall be fined under this title or imprisoned not more than
    25 years (if the offense was committed to facilitate an act of
    international terrorism (as defined in section 2331 of this
    title)), 20 years (if the offense was committed to facilitate a
    drug trafficking crime (as defined in section 929(a) of this
    title)), 10 years (in the case of the first or second such
    offense, if the offense was not committed to facilitate such an
    act of international terrorism or a drug trafficking crime), or
    15 years (in the case of any other offense), or both.
      (b) Whoever uses--
              (1) an identification document, knowing (or having
            reason to know) that the document was not issued
            lawfully for the use of the possessor,
              (2) an identification document knowing (or having
            reason to know) that the document is false, or
              (3) a false attestation,
    for the purpose of satisfying a requirement of section 274A(b)
    of the Immigration and Nationality Act, shall be fined under
    this title, imprisoned not more than 5 years, or both.
      (c) This section does not prohibit any lawfully authorized
    investigative, protective, or intelligence activity of a law
    enforcement agency of the United States, a State, or a
    subdivision of a State, or of an intelligence agency of the
    United States, or any activity authorized under title V of the
    Organized Crime Control Act of 1970 (18 U.S.C. note prec.
    3481). [For purposes of this section, the term ``State'' means
    a State of the United States, the District of Columbia, and any
    commonwealth, territory, or possession of the United States.]

               *       *       *       *       *       *       *

    CHAPTER 83--POSTAL SERVICE

               *       *       *       *       *       *       *

    Sec. 1715. Firearms as nonmailable; regulations

      Pistols, revolvers, and other firearms capable of being
    concealed on the person are nonmailable and shall not be
    deposited in or carried by the mails or delivered by any
    officer or employee of the Postal Service. Such articles may be
    conveyed in the mails, under such regulations as the Postal
    Service shall prescribe, for use in connection with their
    official duty, to officers of the Army, Navy, Air Force, Coast
    Guard, Marine Corps, or Organized Reserve Corps; to officers of
    the National Guard or Militia of a State[, Territory,
    Commonwealth, Possession, or District]; to officers of the
    United States or of a State[, Territory, Commonwealth,
    Possession, or District] whose official duty is to serve
    warrants of arrest or commitments; to employees of the Postal
    Service; to officers and employees of enforcement agencies of
    the United States; and to watchmen engaged in guarding the
    property of the United States, a State[, Territory,
    Commonwealth, Possession, or District]. Such articles also may
    be conveyed in the mails to manufacturers of firearms or bona
    fide dealers therein in customary trade shipments, including
    such articles for repairs or replacement of parts, from one to
    the other, under such regulations as the Postal Service shall
    prescribe.
      Whoever knowingly deposits for mailing or delivery, or
    knowingly causes to be delivered by mail according to the
    direction thereon, or at any place to which it is directed to
    be delivered by the person to whom it is addressed, any pistol,
    revolver, or firearm declared nonmailable by this section,
    shall be fined under this title or imprisoned not more than two
    years, or both.

    Sec. 1716. Injurious articles as nonmailable

      (a) All kinds of poison, and all articles and compositions
    containing poison, and all poisonous animals, insects,
    reptiles, and all explosives, hazardous materials, inflammable
    materials, infernal machines, and mechanical, chemical, or
    other devices or compositions which may ignite or explode, and
    all disease germs or scabs, and all other natural or artificial
    articles, compositions, or material which may kill or injure
    another, or injure the mails or other property, whether or not
    sealed as first-class matter, are nonmailable matter and shall
    not be conveyed in the mails or delivered from any post office
    or station thereof, nor by any officer or employee of the
    Postal Service.
      (b) The Postal Service may permit the transmission in the
    mails, under such rules and regulations as it shall prescribe
    as to preparation and packing, of any such articles which are
    not outwardly or of their own force dangerous or injurious to
    life, health, or property.
      (c) The Postal Service is authorized and directed to permit
    the transmission in the mails, under regulations to be
    prescribed by it, of live scorpions which are to be used for
    purposes of medical research or for the manufacture of
    antivenom. Such regulations shall include such provisions with
    respect to the packaging of such live scorpions for
    transmission in the mails as the Postal Service deems necessary
    or desirable for the protection of Postal Service personnel and
    of the public generally and for ease of handling by such
    personnel and by any individual connected with such research or
    manufacture. Nothing contained in this paragraph shall be
    construed to authorize the transmission in the mails of live
    scorpions by means of aircraft engaged in the carriage of
    passengers for compensation or hire.
      (d) The transmission in the mails of poisonous drugs and
    medicines may be limited by the Postal Service to shipments of
    such articles from the manufacturer thereof or dealer therein
    to licensed physicians, surgeons, dentists, pharmacists,
    druggists, cosmetologists, barbers, and veterinarians under
    such rules and regulations as it shall prescribe.
      (e) The transmission in the mails of poisons for scientific
    use, and which are not outwardly dangerous or of their own
    force dangerous or injurious to life, health, or property, may
    be limited by the Postal Service to shipments of such articles
    between the manufacturers thereof, dealers therein, bona fide
    research or experimental scientific laboratories, and such
    other persons who are employees of the Federal, a State, or
    local government, whose official duties are comprised, in whole
    or in part, of the use of such poisons, and who are designated
    by the head of the agency in which they are employed to receive
    or send such articles, under such rules and regulations as the
    Postal Service shall prescribe.
      (f) All spirituous, vinous, malted, fermented, or other
    intoxicating liquors of any kind are nonmailable and shall not
    be deposited in or carried through the mails.
      (g) All knives having a blade which opens automatically (1)
    by hand pressure applied to a button or other device in the
    handle of the knife, or (2) by operation of inertia, gravity,
    or both, are nonmailable and shall not be deposited in or
    carried by the mails or delivered by any officer or employee of
    the Postal Service. Such knives may be conveyed in the mails,
    under such regulations as the Postal Service shall prescribe--
              (1) to civilian or Armed Forces supply or procurement
            officers and employees of the Federal Government
            ordering, procuring, or purchasing such knives in
            connection with the activities of the Federal
            Government;
              (2) to supply or procurement officers of the National
            Guard, the Air National Guard, or militia of a State
            ordering, procuring, or purchasing such knives in
            connection with the activities of such organizations;
              (3) to supply or procurement officers or employees of
            any State, or any political subdivision of a State or
            Territory, ordering, procuring, or purchasing such
            knives in connection with the activities of such
            government; and
              (4) to manufacturers of such knives or bona fide
            dealers therein in connection with any shipment made
            pursuant to an order from any person designated in
            paragraphs (1), (2), and (3).
    The Postal Service may require, as a condition of conveying any
    such knife in the mails, that any person proposing to mail such
    knife explain in writing to the satisfaction of the Postal
    Service that the mailing of such knife will not be in violation
    of this section.
      (h) Any advertising, promotional, or sales matter which
    solicits or induces the mailing of anything declared
    nonmailable by this section is likewise nonmailable unless such
    matter contains wrapping or packaging instructions which are in
    accord with regulations promulgated by the Postal Service.
      (i)(1) Any ballistic knife shall be subject to the same
    restrictions and penalties provided under subsection (g) for
    knives described in the first sentence of that subsection.
      (2) As used in this subsection, the term ``ballistic knife''
    means a knife with a detachable blade that is propelled by a
    spring-operated mechanism.
      (j)(1) Whoever knowingly deposits for mailing or delivery, or
    knowingly causes to be delivered by mail, according to the
    direction thereon, or at any place at which it is directed to
    be delivered by the person to whom it is addressed, anything
    declared nonmailable by this section, unless in accordance with
    the rules and regulations authorized to be prescribed by the
    Postal Service, shall be fined under this title or imprisoned
    not more than one year, or both.
      (2) Whoever knowingly deposits for mailing or delivery, or
    knowingly causes to be delivered by mail, according to the
    direction thereon or at any place to which it is directed to be
    delivered by the person to whom it is addressed, anything
    declared nonmailable by this section, whether or not
    transmitted in accordance with the rules and regulations
    authorized to be prescribed by the Postal Service, with intent
    to kill or injure another, or injure the mails or other
    property, shall be fined under this title or imprisoned not
    more than twenty years, or both.
      (3) Whoever is convicted of any crime prohibited by this
    section, which has resulted in the death of any person, shall
    be subject also to the death penalty or to imprisonment for
    life.
      [(k) For purposes of this section, the term ``State''
    includes a State of the United States, the District of
    Columbia, and any commonwealth, territory, or possession of the
    United States.]

               *       *       *       *       *       *       *

    Sec. 1716E. Tobacco products as nonmailable

      (a) Prohibition.--
              (1) In general.--All cigarettes and smokeless tobacco
            (as those terms are defined in section 1 of the Act of
            October 19, 1949, commonly referred to as the Jenkins
            Act) are nonmailable and shall not be deposited in or
            carried through the mails. The United States Postal
            Service shall not accept for delivery or transmit
            through the mails any package that it knows or has
            reasonable cause to believe contains any cigarettes or
            smokeless tobacco made nonmailable by this paragraph.
              (2) Reasonable cause.--For the purposes of this
            subsection reasonable cause includes--
                      (A) a statement on a publicly available
                    website, or an advertisement, by any person
                    that the person will mail matter which is
                    nonmailable under this section in return for
                    payment; or
                      (B) the fact that the person is on the list
                    created under section 2A(e) of the Jenkins Act.
      (b) Exceptions.--
              (1) Cigars.--Subsection (a) shall not apply to cigars
            (as defined in section 5702(a) of the Internal Revenue
            Code of 1986).
              (2) Geographic exception.--Subsection (a) shall not
            apply to mailings within the State of Alaska or within
            the State of Hawaii.
              (3) Business purposes.--
                      (A) In general.--Subsection (a) shall not
                    apply to tobacco products mailed only--
                              (i) for business purposes between
                            legally operating businesses that have
                            all applicable State and Federal
                            Government licenses or permits and are
                            engaged in tobacco product
                            manufacturing, distribution, wholesale,
                            export, import, testing, investigation,
                            or research; or
                              (ii) for regulatory purposes between
                            any business described in clause (i)
                            and an agency of the Federal Government
                            or a State government.
                      (B) Rules.--
                              (i) In general.--Not later than 180
                            days after the date of enactment of the
                            Prevent All Cigarette Trafficking Act
                            of 2009, the Postmaster General shall
                            issue a final rule which shall
                            establish the standards and
                            requirements that apply to all mailings
                            described in subparagraph (A).
                              (ii) Contents.--The final rule issued
                            under clause (i) shall require--
                                      (I) the United States Postal
                                    Service to verify that any
                                    person submitting an otherwise
                                    nonmailable tobacco product
                                    into the mails as authorized
                                    under this paragraph is a
                                    business or government agency
                                    permitted to make a mailing
                                    under this paragraph;
                                      (II) the United States Postal
                                    Service to ensure that any
                                    recipient of an otherwise
                                    nonmailable tobacco product
                                    sent through the mails under
                                    this paragraph is a business or
                                    government agency that may
                                    lawfully receive the product;
                                      (III) that any mailing
                                    described in subparagraph (A)
                                    shall be sent through the
                                    systems of the United States
                                    Postal Service that provide for
                                    the tracking and confirmation
                                    of the delivery;
                                      (IV) that the identity of the
                                    business or government entity
                                    submitting the mailing
                                    containing otherwise
                                    nonmailable tobacco products
                                    for delivery and the identity
                                    of the business or government
                                    entity receiving the mailing
                                    are clearly set forth on the
                                    package;
                                      (V) the United States Postal
                                    Service to maintain identifying
                                    information described in
                                    subclause (IV) during the 3-
                                    year period beginning on the
                                    date of the mailing and make
                                    the information available to
                                    the Postal Service, the
                                    Attorney General of the United
                                    States, and to persons eligible
                                    to bring enforcement actions
                                    under section 3(d) of the
                                    Prevent All Cigarette
                                    Trafficking Act of 2009;
                                      (VI) that any mailing
                                    described in subparagraph (A)
                                    be marked with a United States
                                    Postal Service label or marking
                                    that makes it clear to
                                    employees of the United States
                                    Postal Service that it is a
                                    permitted mailing of otherwise
                                    nonmailable tobacco products
                                    that may be delivered only to a
                                    permitted government agency or
                                    business and may not be
                                    delivered to any residence or
                                    individual person; and
                                      (VII) that any mailing
                                    described in subparagraph (A)
                                    be delivered only to a verified
                                    employee of the recipient
                                    business or government agency,
                                    who is not a minor and who
                                    shall be required to sign for
                                    the mailing.
                      (C) Definition.--In this paragraph, the term
                    ``minor'' means an individual who is less than
                    the minimum age required for the legal sale or
                    purchase of tobacco products as determined by
                    applicable law at the place the individual is
                    located.
              (4) Certain individuals.--
                      (A) In general.--Subsection (a) shall not
                    apply to tobacco products mailed by individuals
                    who are not minors for noncommercial purposes,
                    including the return of a damaged or
                    unacceptable tobacco product to the
                    manufacturer.
                      (B) Rules.--
                              (i) In general.--Not later than 180
                            days after the date of enactment of the
                            Prevent All Cigarette Trafficking Act
                            of 2009, the Postmaster General shall
                            issue a final rule which shall
                            establish the standards and
                            requirements that apply to all mailings
                            described in subparagraph (A).
                              (ii) Contents.--The final rule issued
                            under clause (i) shall require--
                                      (I) the United States Postal
                                    Service to verify that any
                                    person submitting an otherwise
                                    nonmailable tobacco product
                                    into the mails as authorized
                                    under this paragraph is the
                                    individual identified on the
                                    return address label of the
                                    package and is not a minor;
                                      (II) for a mailing to an
                                    individual, the United States
                                    Postal Service to require the
                                    person submitting the otherwise
                                    nonmailable tobacco product
                                    into the mails as authorized by
                                    this paragraph to affirm that
                                    the recipient is not a minor;
                                      (III) that any package mailed
                                    under this paragraph shall
                                    weigh not more than 10 ounces;
                                      (IV) that any mailing
                                    described in subparagraph (A)
                                    shall be sent through the
                                    systems of the United States
                                    Postal Service that provide for
                                    the tracking and confirmation
                                    of the delivery;
                                      (V) that a mailing described
                                    in subparagraph (A) shall not
                                    be delivered or placed in the
                                    possession of any individual
                                    who has not been verified as
                                    not being a minor;
                                      (VI) for a mailing described
                                    in subparagraph (A) to an
                                    individual, that the United
                                    States Postal Service shall
                                    deliver the package only to a
                                    recipient who is verified not
                                    to be a minor at the recipient
                                    address or transfer it for
                                    delivery to an Air/Army Postal
                                    Office or Fleet Postal Office
                                    number designated in the
                                    recipient address; and
                                      (VII) that no person may
                                    initiate more than 10 mailings
                                    described in subparagraph (A)
                                    during any 30- day period.
                      (C) Definition.--In this paragraph, the term
                    ``minor'' means an individual who is less than
                    the minimum age required for the legal sale or
                    purchase of tobacco products as determined by
                    applicable law at the place the individual is
                    located.
              (5) Exception for mailings for consumer testing by
            manufacturers.--
                      (A) In general.--Subject to subparagraph (B),
                    subsection (a) shall not preclude a legally
                    operating cigarette manufacturer or a legally
                    authorized agent of a legally operating
                    cigarette manufacturer from using the United
                    States Postal Service to mail cigarettes to
                    verified adult smoker solely for consumer
                    testing purposes, if--
                              (i) the cigarette manufacturer has a
                            permit, in good standing, issued under
                            section 5713 of the Internal Revenue
                            Code of 1986;
                              (ii) the package of cigarettes mailed
                            under this paragraph contains not more
                            than 12 packs of cigarettes (240
                            cigarettes);
                              (iii) the recipient does not receive
                            more than 1 package of cigarettes from
                            any 1 cigarette manufacturer under this
                            paragraph during any 30-day period;
                              (iv) all taxes on the cigarettes
                            mailed under this paragraph levied by
                            the State and locality of delivery are
                            paid to the State and locality before
                            delivery, and tax stamps or other tax-
                            payment indicia are affixed to the
                            cigarettes as required by law; and
                              (v)(I) the recipient has not made any
                            payments of any kind in exchange for
                            receiving the cigarettes;
                              (II) the recipient is paid a fee by
                            the manufacturer or agent of the
                            manufacturer for participation in
                            consumer product tests; and
                              (III) the recipient, in connection
                            with the tests, evaluates the
                            cigarettes and provides feedback to the
                            manufacturer or agent.
                      (B) Limitations.--Subparagraph (A) shall
                    not--
                              (i) permit a mailing of cigarettes to
                            an individual located in any State that
                            prohibits the delivery or shipment of
                            cigarettes to individuals in the State,
                            or preempt, limit, or otherwise affect
                            any related State laws; or
                              (ii) permit a manufacturer, directly
                            or through a legally authorized agent,
                            to mail cigarettes in any calendar year
                            in a total amount greater than 1
                            percent of the total cigarette sales of
                            the manufacturer in the United States
                            during the calendar year before the
                            date of the mailing.
                      (C) Rules.--
                              (i) In general.--Not later than 180
                            days after the date of enactment of the
                            Prevent All Cigarette Trafficking Act
                            of 2009, the Postmaster General shall
                            issue a final rule which shall
                            establish the standards and
                            requirements that apply to all mailings
                            described in subparagraph (A).
                              (ii) Contents.--The final rule issued
                            under clause (i) shall require--
                                      (I) the United States Postal
                                    Service to verify that any
                                    person submitting a tobacco
                                    product into the mails under
                                    this paragraph is a legally
                                    operating cigarette
                                    manufacturer permitted to make
                                    a mailing under this paragraph,
                                    or an agent legally authorized
                                    by the legally operating
                                    cigarette manufacturer to
                                    submit the tobacco product into
                                    the mails on behalf of the
                                    manufacturer;
                                      (II) the legally operating
                                    cigarette manufacturer
                                    submitting the cigarettes into
                                    the mails under this paragraph
                                    to affirm that--
                                              (aa) the manufacturer
                                            or the legally
                                            authorized agent of the
                                            manufacturer has
                                            verified that the
                                            recipient is an adult
                                            established smoker;
                                              (bb) the recipient
                                            has not made any
                                            payment for the
                                            cigarettes;
                                              (cc) the recipient
                                            has signed a written
                                            statement that is in
                                            effect indicating that
                                            the recipient wishes to
                                            receive the mailings;
                                            and
                                              (dd) the manufacturer
                                            or the legally
                                            authorized agent of the
                                            manufacturer has
                                            offered the opportunity
                                            for the recipient to
                                            withdraw the written
                                            statement described in
                                            item (cc) not less
                                            frequently than once in
                                            every 3-month period;
                                      (III) the legally operating
                                    cigarette manufacturer or the
                                    legally authorized agent of the
                                    manufacturer submitting the
                                    cigarettes into the mails under
                                    this paragraph to affirm that
                                    any package mailed under this
                                    paragraph contains not more
                                    than 12 packs of cigarettes
                                    (240 cigarettes) on which all
                                    taxes levied on the cigarettes
                                    by the State and locality of
                                    delivery have been paid and all
                                    related State tax stamps or
                                    other tax-payment indicia have
                                    been applied;
                                      (IV) that any mailing
                                    described in subparagraph (A)
                                    shall be sent through the
                                    systems of the United States
                                    Postal Service that provide for
                                    the tracking and confirmation
                                    of the delivery;
                                      (V) the United States Postal
                                    Service to maintain records
                                    relating to a mailing described
                                    in subparagraph (A) during the
                                    3-year period beginning on the
                                    date of the mailing and make
                                    the information available to
                                    persons enforcing this section;
                                      (VI) that any mailing
                                    described in subparagraph (A)
                                    be marked with a United States
                                    Postal Service label or marking
                                    that makes it clear to
                                    employees of the United States
                                    Postal Service that it is a
                                    permitted mailing of otherwise
                                    nonmailable tobacco products
                                    that may be delivered only to
                                    the named recipient after
                                    verifying that the recipient is
                                    an adult; and
                                      (VII) the United States
                                    Postal Service shall deliver a
                                    mailing described in
                                    subparagraph (A) only to the
                                    named recipient and only after
                                    verifying that the recipient is
                                    an adult.
                      (D) Definitions.--In this paragraph--
                              (i) the term ``adult'' means an
                            individual who is not less than 21
                            years of age; and
                              (ii) the term ``consumer testing''
                            means testing limited to formal data
                            collection and analysis for the
                            specific purpose of evaluating the
                            product for quality assurance and
                            benchmarking purposes of cigarette
                            brands or sub-brands among existing
                            adult smokers.
              (6) Federal Government agencies.--An agency of the
            Federal Government involved in the consumer testing of
            tobacco products solely for public health purposes may
            mail cigarettes under the same requirements,
            restrictions, and rules and procedures that apply to
            consumer testing mailings of cigarettes by
            manufacturers under paragraph (5), except that the
            agency shall not be required to pay the recipients for
            participating in the consumer testing.
      (c) Seizure and Forfeiture.--Any cigarettes or smokeless
    tobacco made nonmailable by this subsection that are deposited
    in the mails shall be subject to seizure and forfeiture,
    pursuant to the procedures set forth in chapter 46 of this
    title. Any tobacco products seized and forfeited under this
    subsection shall be destroyed or retained by the Federal
    Government for the detection or prosecution of crimes or
    related investigations and then destroyed.
      (d) Additional Penalties.--In addition to any other fines and
    penalties under this title for violations of this section, any
    person violating this section shall be subject to an additional
    civil penalty in the amount equal to 10 times the retail value
    of the nonmailable cigarettes or smokeless tobacco, including
    all Federal, State, and local taxes.
      (e) Criminal Penalty.--Whoever knowingly deposits for mailing
    or delivery, or knowingly causes to be delivered by mail,
    according to the direction thereon, or at any place at which it
    is directed to be delivered by the person to whom it is
    addressed, anything that is nonmailable matter under this
    section shall be fined under this title, imprisoned not more
    than 1 year, or both.
      (f) Use of Penalties.--There is established a separate
    account in the Treasury, to be known as the ``PACT Postal
    Service Fund''. Notwithstanding any other provision of law, an
    amount equal to 50 percent of any criminal fines, civil
    penalties, or other monetary penalties collected by the Federal
    Government in enforcing this section shall be transferred into
    the PACT Postal Service Fund and shall be available to the
    Postmaster General for the purpose of enforcing this
    subsection.
      (g) Coordination of Efforts.--The Postmaster General shall
    cooperate and coordinate efforts to enforce this section with
    related enforcement activities of any other Federal agency or
    agency of any State, local, or tribal government, whenever
    appropriate.
      (h) Actions by State, Local, or Tribal Governments Relating
    to Certain Tobacco Products.--
              (1) In general.--A State, through its attorney
            general, or a local government or Indian tribe that
            levies an excise tax on tobacco products, through its
            chief law enforcement officer, may in a civil action in
            a United States district court obtain appropriate
            relief with respect to a violation of this section.
            Appropriate relief includes injunctive and equitable
            relief and damages equal to the amount of unpaid taxes
            on tobacco products mailed in violation of this section
            to addressees in that State, locality, or tribal land.
              (2) Sovereign immunity.--Nothing in this subsection
            shall be deemed to abrogate or constitute a waiver of
            any sovereign immunity of a State or local government
            or Indian tribe against any unconsented lawsuit under
            paragraph (1), or otherwise to restrict, expand, or
            modify any sovereign immunity of a State or local
            government or Indian tribe.
              (3) Attorney general referral.--A State, through its
            attorney general, or a local government or Indian tribe
            that levies an excise tax on tobacco products, through
            its chief law enforcement officer, may provide evidence
            of a violation of this section for commercial purposes
            by any person not subject to State, local, or tribal
            government enforcement actions for violations of this
            section to the Attorney General of the United States,
            who shall take appropriate actions to enforce this
            section.
              (4) Nonexclusivity of remedies.--The remedies
            available under this subsection are in addition to any
            other remedies available under Federal, State, local,
            tribal, or other law. Nothing in this subsection shall
            be construed to expand, restrict, or otherwise modify
            any right of an authorized State, local, or tribal
            government official to proceed in a State, tribal, or
            other appropriate court, or take other enforcement
            actions, on the basis of an alleged violation of State,
            local, tribal, or other law.
              (5) Other enforcement actions.--Nothing in this
            subsection shall be construed to prohibit an authorized
            State official from proceeding in State court on the
            basis of an alleged violation of any general civil or
            criminal statute of the State.
      [(i) Definition.--In this section, the term ``State'' has the
    meaning given that term in section 1716(k).]

               *       *       *       *       *       *       *

                         CHAPTER 85--PRISON-MADE GOODS

    Sec. 1761. Transportation or importation

      (a) Whoever knowingly transports in interstate commerce or
    from any foreign country into the United States any goods,
    wares, or merchandise manufactured, produced, or mined, wholly
    or in part by convicts or prisoners, except convicts or
    prisoners on parole, supervised release, or probation, or in
    any penal or reformatory institution, shall be fined under this
    title or imprisoned not more than two years, or both.
      (b) This chapter shall not apply to agricultural commodities
    or parts for the repair of farm machinery, nor to commodities
    manufactured in a Federal, District of Columbia, or State
    institution for use by the Federal Government, or by the
    District of Columbia, or by any State or Political subdivision
    of a State or not-for-profit organizations.
      (c) In addition to the exceptions set forth in subsection (b)
    of this section, this chapter shall not apply to goods, wares,
    or merchandise manufactured, produced, or mined by convicts or
    prisoners who--
              (1) are participating in - one of not more than 50
            prison work pilot projects designated by the Director
            of the Bureau of Justice Assistance;
              (2) have, in connection with such work, received
            wages at a rate which is not less than that paid for
            work of a similar nature in the locality in which the
            work was performed, except that such wages may be
            subject to deductions which shall not, in the
            aggregate, exceed 80 per centum of gross wages, and
            shall be limited as follows:
                      (A) taxes (Federal, State, local);
                      (B) reasonable charges for room and board, as
                    determined by regulations issued by the chief
                    State correctional officer, in the case of a
                    State prisoner;
                      (C) allocations for support of family
                    pursuant to State statute, court order, or
                    agreement by the offender;
                      (D) contributions to any fund established by
                    law to compensate the victims of crime of not
                    more than 20 per centum but not less than 5 per
                    centum of gross wages;
              (3) have not solely by their status as offenders,
            been deprived of the right to participate in benefits
            made available by the Federal or State Government to
            other individuals on the basis of their employment,
            such as workmen's compensation. However, such convicts
            or prisoners shall not be qualified to receive any
            payments for unemployment compensation while
            incarcerated, notwithstanding any other provision of
            the law to the contrary; and
              (4) have participated in such employment voluntarily
            and have agreed in advance to the specific deductions
            made from gross wages pursuant to this section, and all
            other financial arrangements as a result of
            participation in such employment.
      (d) This section shall not apply to goods, wares, or
    merchandise manufactured, produced, mined or assembled by
    convicts or prisoners who are participating in any pilot
    project approved by the FPI Board of Directors, which are
    currently, or would otherwise be, manufactured, produced,
    mined, or assembled outside the United States.
      [(e) For the purposes of this section, the term ``State''
    means a State of the United States and any commonwealth,
    territory, or possession of the United States.]

               *       *       *       *       *       *       *

    CHAPTER 90--PROTECTION OF TRADE SECRETS

               *       *       *       *       *       *       *

    Sec. 1838. Construction with other laws

      This chapter shall not be construed to preempt or displace
    any other remedies, whether civil or criminal, provided by
    United States Federal[, State, commonwealth, possession, or
    territory] or State law for the misappropriation of a trade
    secret, or to affect the otherwise lawful disclosure of
    information by any Government employee under section 552 of
    title 5 (commonly known as the Freedom of Information Act).

               *       *       *       *       *       *       *

    CHAPTER 90A--PROTECTION OF UNBORN CHILDREN

               *       *       *       *       *       *       *

    Sec. 1841. Protection of unborn children

      (a)(1) Whoever engages in conduct that violates any of the
    provisions of law listed in subsection (b) and thereby causes
    the death of, or bodily injury [(as defined in section 1365)]
    to, a child, who is in utero at the time the conduct takes
    place, is guilty of a separate offense under this section.
      (2)(A) Except as otherwise provided in this paragraph, the
    punishment for that separate offense is the same as the
    punishment provided under Federal law for that conduct had that
    injury or death occurred to the unborn child's mother.
      (B) An offense under this section does not require proof
    that--
              (i) the person engaging in the conduct had knowledge
            or should have had knowledge that the victim of the
            underlying offense was pregnant; or
              (ii) the defendant intended to cause the death of, or
            bodily injury to, the unborn child.
      (C) If the person engaging in the conduct thereby
    intentionally kills or attempts to kill the unborn child, that
    person shall instead of being punished under subparagraph (A),
    be punished as provided under sections 1111, 1112, and 1113 of
    this title for intentionally killing or attempting to kill a
    human being.
      (D) Notwithstanding any other provision of law, the death
    penalty shall not be imposed for an offense under this section.
      (b) The provisions referred to in subsection (a) are the
    following:
              (1) Sections 36, 37, 43, 111, 112, 113, 114, 115,
            229, 242, 245, 247, 248, 351, 831, 844(d), (f),
            (h)(1),and (i), 924(j), 930, 1111, 1112, 1113, 1114,
            1116, 1118, 1119, 1120, 1121, 1153(a), 1201(a), 1203,
            1365(a), 1501, 1503, 1505, 1512, 1513, 1751, 1864,
            1951, 1952 (a)(1)(B), (a)(2)(B), and (a)(3)(B), 1958,
            1959, 1992, 2113, 2114, 2116, 2118, 2119, 2191, 2231,
            2241(a), 2245, 2261, 2261A, 2280, 2281, 2332, 2332a,
            2332b, 2340A, and 2441 of this title.
              (2) Section 408(e) of the Controlled Substances Act
            of 1970 (21 U.S.C. 848(e)).
              (3) Section 202 of the Atomic Energy Act of 1954 (42
            U.S.C. 2283).
      (c) Nothing in this section shall be construed to permit the
    prosecution--
              (1) of any person for conduct relating to an abortion
            for which the consent of the pregnant woman, or a
            person authorized by law to act on her behalf, has been
            obtained or for which such consent is implied by law;
              (2) of any person for any medical treatment of the
            pregnant woman or her unborn child; or
              (3) of any woman with respect to her unborn child.
      (d) As used in this section, the term ``unborn child'' means
    a child in utero, and the term ``child in utero'' or ``child,
    who is in utero'' means a member of the species homo sapiens,
    at any stage of development, who is carried in the womb.

               *       *       *       *       *       *       *

    CHAPTER 95--RACKETEERING

               *       *       *       *       *       *       *

    Sec. 1951. Interference with commerce by threats or violence

      (a) Whoever in any way or degree obstructs, delays, or
    affects commerce or the movement of any article or commodity in
    commerce, by robbery or extortion or attempts or conspires so
    to do, or commits or threatens physical violence to any person
    or property in furtherance of a plan or purpose to do anything
    in violation of this section shall be fined under this title or
    imprisoned not more than twenty years, or both.
      (b) As used in this section--
              (1) The term ``robbery'' means the unlawful taking or
            obtaining of personal property from the person or in
            the presence of another, against his will, by means of
            actual or threatened force, or violence, or fear of
            injury, immediate or future, to his person or property,
            or property in his custody or possession, or the person
            or property of a relative or member of his family or of
            anyone in his company at the time of the taking or
            obtaining.
              (2) The term ``extortion'' means the obtaining of
            property from another, with his consent, induced by
            wrongful use of actual or threatened force, violence,
            or fear, or under color of official right.
              (3) The term ``commerce'' means commerce within the
            District of Columbia, or [any Territory or Possession
            of the United States] any territory or possession of
            the United States; all commerce between any point in a
            State[, Territory, Possession, or the District of
            Columbia] and any point outside thereof; all commerce
            between points within the same State through any place
            outside such State; and all other commerce over which
            the United States has jurisdiction.
      (c) This section shall not be construed to repeal, modify or
    affect section 17 of Title 15, sections 52, 101-115, 151-166 of
    Title 29 or sections 151-188 of Title 45.

    Sec. 1952. Interstate and foreign travel or transportation in aid of
                        racketeering enterprises

      (a) Whoever travels in interstate or foreign commerce or uses
    the mail or any facility in interstate or foreign commerce,
    with intent to--
              (1) distribute the proceeds of any unlawful activity;
            or
              (2) commit any crime of violence to further any
            unlawful activity; or
              (3) otherwise promote, manage, establish, carry on,
            or facilitate the promotion, management, establishment,
            or carrying on, of any unlawful activity,
    and thereafter performs or attempts to perform--
              (A) an act described in paragraph (1) or (3) shall be
            fined under this title, imprisoned not more than 5
            years, or both; or
              (B) an act described in paragraph (2) shall be fined
            under this title, imprisoned for not more than 20
            years, or both, and if death results shall be
            imprisoned for any term of years or for life.
      (b) As used in this section [(i)] ``unlawful activity'' means
    (1) any business enterprise involving gambling, liquor on which
    the Federal excise tax has not been paid, narcotics or
    controlled substances (as defined in section 102(6) of the
    Controlled Substances Act), or prostitution offenses in
    violation of the laws of the State in which they are committed
    or of the United States, (2) extortion, bribery, or arson in
    violation of the laws of the State in which committed or of the
    United States, or (3) any act which is indictable under
    subchapter II of chapter 53 of title 31, United States Code, or
    under section 1956 or 1957 of this title [and (ii) the term
    ``State'' includes a State of the United States, the District
    of Columbia, and any commonwealth, territory, or possession of
    the United States].
      (c) Investigations of violations under this section involving
    liquor shall be conducted under the supervision of the Attorney
    General.
      (d) If the offense under this section involves an act
    described in paragraph (1) or (3) of subsection (a) and also
    involves a pre-retail medical product (as defined in section
    670), the punishment for the offense shall be the same as the
    punishment for an offense under section 670 unless the
    punishment under subsection (a) is greater.
      (e)(1) This section shall not apply to a savings promotion
    raffle conducted by an insured depository institution or an
    insured credit union.
      (2) In this subsection--
              (A) the term ``insured credit union'' shall have the
            meaning given the term in section 101 of the Federal
            Credit Union Act (12 U.S.C. 1752);
              (B) the term ``insured depository institution'' shall
            have the meaning given the term in section 3 of the
            Federal Deposit Insurance Act (12 U.S.C. 1813); and
              (C) the term ``savings promotion raffle'' means a
            contest in which the sole consideration required for a
            chance of winning designated prizes is obtained by the
            deposit of a specified amount of money in a savings
            account or other savings program, where each ticket or
            entry has an equal chance of being drawn, such contest
            being subject to regulations that may from time to time
            be promulgated by the appropriate prudential regulator
            (as defined in section 1002 of the Consumer Financial
            Protection Act of 2010 (12 U.S.C. 5481)).

               *       *       *       *       *       *       *

    Sec. 1953. Interstate transportation of wagering paraphernalia

      (a) Whoever, except a common carrier in the usual course of
    its business, knowingly carries or sends in interstate or
    foreign commerce any record, paraphernalia, ticket,
    certificate, bills, slip, token, paper, writing, or other
    device used, or to be used, or adapted, devised, or designed
    for use in (a) bookmaking; or (b) wagering pools with respect
    to a sporting event; or (c) in a numbers, policy, bolita, or
    similar game shall be fined under this title or imprisoned for
    not more than five years or both.
      (b) This section shall not apply to (1) parimutuel betting
    equipment, parimutuel tickets where legally acquired, or
    parimutuel materials used or designed for use at racetracks or
    other sporting events in connection with which betting is legal
    under applicable State law, or (2) the transportation of
    betting materials to be used in the placing of bets or wagers
    on a sporting event into a State in which such betting is legal
    under the statutes of that State, or (3) the carriage or
    transportation in interstate or foreign commerce of any
    newspaper or similar publication, or (4) equipment, tickets, or
    materials used or designed for use within a State in a lottery
    conducted by that State acting under authority of State law,
    (5) equipment, tickets, or materials used or designed for use
    in a savings promotion raffle operated by an insured depository
    institution or an insured credit union, or (6) the
    transportation in foreign commerce to a destination in a
    foreign country of equipment, tickets, or materials designed to
    be used within that foreign country in a lottery which is
    authorized by the laws of that foreign country.
      (c) Nothing contained in this section shall create immunity
    from criminal prosecution under any laws of any State[,
    Commonwealth of Puerto Rico, territory, possession, or the
    District of Columbia].
      (d) For purposes of this section--
              (1) the term ``foreign country'' means any empire,
            country, dominion, colony, or protectorate, or any
            subdivision thereof (other than the United States, its
            territories or possessions);
              (2) the term ``insured credit union'' shall have the
            meaning given the term in section 101 of the Federal
            Credit Union Act (12 U.S.C. 1752);
              (3) the term ``insured depository institution'' shall
            have the meaning given the term in section 3 of the
            Federal Deposit Insurance Act (12 U.S.C. 1813);
              (4) the term ``lottery''--
                      (A) means the pooling of proceeds derived
                    from the sale of tickets or chances and
                    allotting those proceeds or parts thereof by
                    chance to one or more chance takers or ticket
                    purchasers; and
                      (B) does not include the placing or accepting
                    of bets or wagers on sporting events or
                    contests; and
              (5) the term ``savings promotion raffle'' means a
            contest in which the sole consideration required for a
            chance of winning designated prizes is obtained by the
            deposit of a specified amount of money in a savings
            account or other savings program, where each ticket or
            entry has an equal chance of being drawn, such contest
            being subject to regulations that may from time to time
            be promulgated by the appropriate prudential regulator
            (as defined in section 1002 of the Consumer Financial
            Protection Act of 2010 (12 U.S.C. 5481))[; and].
              [(6) the term ``State'' means a State of the United
            States, the District of Columbia, the Commonwealth of
            Puerto Rico, or any territory or possession of the
            United States.]

               *       *       *       *       *       *       *

    Sec. 1955. Prohibition of illegal gambling businesses

      (a) Whoever conducts, finances, manages, supervises, directs,
    or owns all or part of an illegal gambling business shall be
    fined under this title or imprisoned not more than five years,
    or both.
      (b) As used in this section--
              (1) ``illegal gambling business'' means a gambling
            business which--
                      (i) is a violation of the law of a State or
                    political subdivision in which it is conducted;
                      (ii) involves five or more persons who
                    conduct, finance, manage, supervise, direct, or
                    own all or part of such business; and
                      (iii) has been or remains in substantially
                    continuous operation for a period in excess of
                    thirty days or has a gross revenue of $2,000 in
                    any single day.
              (2) ``insured credit union'' shall have the meaning
            given the term in section 101 of the Federal Credit
            Union Act (12 U.S.C. 1752).
              (3) ``insured depository institution'' shall have the
            meaning given the term in section 3 of the Federal
            Deposit Insurance Act (12 U.S.C. 1813).
              (4) ``gambling'' includes but is not limited to pool-
            selling, bookmaking, maintaining slot machines,
            roulette wheels or dice tables, and conducting
            lotteries, policy, bolita or numbers games, or selling
            chances therein.
              (5) ``savings promotion raffle'' means a contest in
            which the sole consideration required for a chance of
            winning designated prizes is obtained by the deposit of
            a specified amount of money in a savings account or
            other savings program, where each ticket or entry has
            an equal chance of being drawn, such contest being
            subject to regulations that may from time to time be
            promulgated by the appropriate prudential regulator (as
            defined in section 1002 of the Consumer Financial
            Protection Act of 2010 (12 U.S.C. 5481)).
              [(6) ``State'' means any State of the United States,
            the District of Columbia, the Commonwealth of Puerto
            Rico, and any territory or possession of the United
            States.]
      (c) If five or more persons conduct, finance, manage,
    supervise, direct, or own all or part of a gambling business
    and such business operates for two or more successive days,
    then, for the purpose of obtaining warrants for arrests,
    interceptions, and other searches and seizures, probable cause
    that the business receives gross revenue in excess of $2,000 in
    any single day shall be deemed to have been established.
      (d) Any property, including money, used in violation of the
    provisions of this section may be seized and forfeited to the
    United States. All provisions of law relating to the seizures,
    summary, and judicial forfeiture procedures, and condemnation
    of vessels, vehicles, merchandise, and baggage for violation of
    the customs laws; the disposition of such vessels, vehicles,
    merchandise, and baggage or the proceeds from such sale; the
    remission or mitigation of such forfeitures; and the compromise
    of claims and the award of compensation to informers in respect
    of such forfeitures shall apply to seizures and forfeitures
    incurred or alleged to have been incurred under the provisions
    of this section, insofar as applicable and not inconsistent
    with such provisions. Such duties as are imposed upon the
    collector of customs or any other person in respect to the
    seizure and forfeiture of vessels, vehicles, merchandise, and
    baggage under the customs laws shall be performed with respect
    to seizures and forfeitures of property used or intended for
    use in violation of this section by such officers, agents, or
    other persons as may be designated for that purpose by the
    Attorney General.
      (e) This section shall not apply to--
              (1) any bingo game, lottery, or similar game of
            chance conducted by an organization exempt from tax
            under paragraph (3) of subsection (c) of section 501 of
            the Internal Revenue Code of 1986, as amended, if no
            part of the gross receipts derived from such activity
            inures to the benefits of any private shareholder,
            member, or employee of such organization except as
            compensation for actual expenses incurred by him in the
            conduct of such activity; or
              (2) any savings promotion raffle.

    Sec. 1956. Laundering of monetary instruments

      (a)(1) Whoever, knowing that the property involved in a
    financial transaction represents the proceeds of some form of
    unlawful activity, conducts or attempts to conduct such a
    financial transaction which in fact involves the proceeds of
    specified unlawful activity--
              (A)(i) with the intent to promote the carrying on of
            specified unlawful activity; or
              (ii) with intent to engage in conduct constituting a
            violation of section 7201 or 7206 of the Internal
            Revenue Code of 1986; or
              (B) knowing that the transaction is designed in whole
            or in part--
                      (i) to conceal or disguise the nature, the
                    location, the source, the ownership, or the
                    control of the proceeds of specified unlawful
                    activity; or
                      (ii) to avoid a transaction reporting
                    requirement under State or Federal law,
    shall be sentenced to a fine of not more than $500,000 or twice
    the value of the property involved in the transaction,
    whichever is greater, or imprisonment for not more than twenty
    years, or both. For purposes of this paragraph, a financial
    transaction shall be considered to be one involving the
    proceeds of specified unlawful activity if it is part of a set
    of parallel or dependent transactions, any one of which
    involves the proceeds of specified unlawful activity, and all
    of which are part of a single plan or arrangement.
      (2) Whoever transports, transmits, or transfers, or attempts
    to transport, transmit, or transfer a monetary instrument or
    funds from a place in the United States to or through a place
    outside the United States or to a place in the United States
    from or through a place outside the United States--
              (A) with the intent to promote the carrying on of
            specified unlawful activity; or
              (B) knowing that the monetary instrument or funds
            involved in the transportation, transmission, or
            transfer represent the proceeds of some form of
            unlawful activity and knowing that such transportation,
            transmission, or transfer is designed in whole or in
            part--
                      (i) to conceal or disguise the nature, the
                    location, the source, the ownership, or the
                    control of the proceeds of specified unlawful
                    activity; or
                      (ii) to avoid a transaction reporting
                    requirement under State or Federal law,
    shall be sentenced to a fine of not more than $500,000 or twice
    the value of the monetary instrument or funds involved in the
    transportation, transmission, or transfer, whichever is
    greater, or imprisonment for not more than twenty years, or
    both. For the purpose of the offense described in subparagraph
    (B), the defendant's knowledge may be established by proof that
    a law enforcement officer represented the matter specified in
    subparagraph (B) as true, and the defendant's subsequent
    statements or actions indicate that the defendant believed such
    representations to be true.
      (3) Whoever, with the intent--
              (A) to promote the carrying on of specified unlawful
            activity;
              (B) to conceal or disguise the nature, location,
            source, ownership, or control of property believed to
            be the proceeds of specified unlawful activity; or
              (C) to avoid a transaction reporting requirement
            under State or Federal law,
    conducts or attempts to conduct a financial transaction
    involving property represented to be the proceeds of specified
    unlawful activity, or property used to conduct or facilitate
    specified unlawful activity, shall be fined under this title or
    imprisoned for not more than 20 years, or both. For purposes of
    this paragraph and paragraph (2), the term ``represented''
    means any representation made by a law enforcement officer or
    by another person at the direction of, or with the approval of,
    a Federal official authorized to investigate or prosecute
    violations of this section.
      (b) Penalties.--
              (1) In general.--Whoever conducts or attempts to
            conduct a transaction described in subsection (a)(1) or
            (a)(3), or section 1957, or a transportation,
            transmission, or transfer described in subsection
            (a)(2), is liable to the United States for a civil
            penalty of not more than the greater of--
                      (A) the value of the property, funds, or
                    monetary instruments involved in the
                    transaction; or
                      (B) $10,000.
              (2) Jurisdiction over foreign persons.--For purposes
            of adjudicating an action filed or enforcing a penalty
            ordered under this section, the district courts shall
            have jurisdiction over any foreign person, including
            any financial institution authorized under the laws of
            a foreign country, against whom the action is brought,
            if service of process upon the foreign person is made
            under the Federal Rules of Civil Procedure or the laws
            of the country in which the foreign person is found,
            and--
                      (A) the foreign person commits an offense
                    under subsection (a) involving a financial
                    transaction that occurs in whole or in part in
                    the United States;
                      (B) the foreign person converts, to his or
                    her own use, property in which the United
                    States has an ownership interest by virtue of
                    the entry of an order of forfeiture by a court
                    of the United States; or
                      (C) the foreign person is a financial
                    institution that maintains a bank account at a
                    financial institution in the United States.
              (3) Court authority over assets.--A court may issue a
            pretrial restraining order or take any other action
            necessary to ensure that any bank account or other
            property held by the defendant in the United States is
            available to satisfy a judgment under this section.
              (4) Federal receiver.--
                      (A) In general.--A court may appoint a
                    Federal Receiver, in accordance with
                    subparagraph (B) of this paragraph, to collect,
                    marshal, and take custody, control, and
                    possession of all assets of the defendant,
                    wherever located, to satisfy a civil judgment
                    under this subsection, a forfeiture judgment
                    under section 981 or 982, or a criminal
                    sentence under section 1957 or subsection (a)
                    of this section, including an order of
                    restitution to any victim of a specified
                    unlawful activity.
                      (B) Appointment and authority.--A Federal
                    Receiver described in subparagraph (A)--
                              (i) may be appointed upon application
                            of a Federal prosecutor or a Federal or
                            State regulator, by the court having
                            jurisdiction over the defendant in the
                            case;
                              (ii) shall be an officer of the
                            court, and the powers of the Federal
                            Receiver shall include the powers set
                            out in section 754 of title 28, United
                            States Code; and
                              (iii) shall have standing equivalent
                            to that of a Federal prosecutor for the
                            purpose of submitting requests to
                            obtain information regarding the assets
                            of the defendant--
                                      (I) from the Financial Crimes
                                    Enforcement Network of the
                                    Department of the Treasury; or
                                      (II) from a foreign country
                                    pursuant to a mutual legal
                                    assistance treaty, multilateral
                                    agreement, or other arrangement
                                    for international law
                                    enforcement assistance,
                                    provided that such requests are
                                    in accordance with the policies
                                    and procedures of the Attorney
                                    General.
      (c) As used in this section--
              (1) the term ``knowing that the property involved in
            a financial transaction represents the proceeds of some
            form of unlawful activity'' means that the person knew
            the property involved in the transaction represented
            proceeds from some form, though not necessarily which
            form, of activity that constitutes a felony under
            State, Federal, or foreign law, regardless of whether
            or not such activity is specified in paragraph (7);
              (2) the term ``conducts'' includes initiating,
            concluding, or participating in initiating, or
            concluding a transaction;
              (3) the term ``transaction'' includes a purchase,
            sale, loan, pledge, gift, transfer, delivery, or other
            disposition, and with respect to a financial
            institution includes a deposit, withdrawal, transfer
            between accounts, exchange of currency, loan, extension
            of credit, purchase or sale of any stock, bond,
            certificate of deposit, or other monetary instrument,
            use of a safe deposit box, or any other payment,
            transfer, or delivery by, through, or to a financial
            institution, by whatever means effected;
              (4) the term ``financial transaction'' means (A) a
            transaction which in any way or degree affects
            interstate or foreign commerce (i) involving the
            movement of funds by wire or other means or (ii)
            involving one or more monetary instruments, or (iii)
            involving the transfer of title to any real property,
            vehicle, vessel, or aircraft, or (B) a transaction
            involving the use of a financial institution which is
            engaged in, or the activities of which affect,
            interstate or foreign commerce in any way or degree;
              (5) the term ``monetary instruments'' means (i) coin
            or currency of the United States or of any other
            country, travelers' checks, personal checks, bank
            checks, and money orders, or (ii) investment securities
            or negotiable instruments, in bearer form or otherwise
            in such form that title thereto passes upon delivery;
              (6) the term ``financial institution'' includes--
                      (A) any financial institution, as defined in
                    section 5312(a)(2) of title 31, United States
                    Code, or the regulations promulgated
                    thereunder; and
                      (B) any foreign bank, as defined in section 1
                    of the International Banking Act of 1978 (12
                    U.S.C. 3101);
              (7) the term ``specified unlawful activity'' means--
                      (A) any act or activity constituting an
                    offense listed in section 1961(1) of this title
                    except an act which is indictable under
                    subchapter II of chapter 53 of title 31;
                      (B) with respect to a financial transaction
                    occurring in whole or in part in the United
                    States, an offense against a foreign nation
                    involving--
                              (i) the manufacture, importation,
                            sale, or distribution of a controlled
                            substance (as such term is defined for
                            the purposes of the Controlled
                            Substances Act);
                              (ii) murder, kidnapping, robbery,
                            extortion, destruction of property by
                            means of explosive or fire, or a crime
                            of violence (as defined in section 16);
                              (iii) fraud, or any scheme or attempt
                            to defraud, by or against a foreign
                            bank (as defined in paragraph 7 of
                            section 1(b) of the International
                            Banking Act of 1978));
                              (iv) bribery of a public official, or
                            the misappropriation, theft, or
                            embezzlement of public funds by or for
                            the benefit of a public official;
                              (v) smuggling or export control
                            violations involving--
                                      (I) an item controlled on the
                                    United States Munitions List
                                    established under section 38 of
                                    the Arms Export Control Act (22
                                    U.S.C. 2778); or
                                      (II) an item controlled under
                                    regulations under the Export
                                    Administration Regulations (15
                                    C.F.R. Parts 730-774);
                              (vi) an offense with respect to which
                            the United States would be obligated by
                            a multilateral treaty, either to
                            extradite the alleged offender or to
                            submit the case for prosecution, if the
                            offender were found within the
                            territory of the United States; or
                              (vii) trafficking in persons, selling
                            or buying of children, sexual
                            exploitation of children, or
                            transporting, recruiting or harboring a
                            person, including a child, for
                            commercial sex acts;
                      (C) any act or acts constituting a continuing
                    criminal enterprise, as that term is defined in
                    section 408 of the Controlled Substances Act
                    (21 U.S.C. 848);
                      (D) an offense under section 32 (relating to
                    the destruction of aircraft), section 37
                    (relating to violence at international
                    airports), section 115 (relating to
                    influencing, impeding, or retaliating against a
                    Federal official by threatening or injuring a
                    family member), section 152 (relating to
                    concealment of assets; false oaths and claims;
                    bribery), section 175c (relating to the variola
                    virus), section 215 (relating to commissions or
                    gifts for procuring loans), section 351
                    (relating to congressional or Cabinet officer
                    assassination), any of sections 500 through 503
                    (relating to certain counterfeiting offenses),
                    section 513 (relating to securities of States
                    and private entities), section 541 (relating to
                    goods falsely classified), section 542 relating
                    to entry of goods by means of false
                    statements), section 545 (relating to smuggling
                    goods into the United States), section 549
                    (relating to removing goods from Customs
                    custody), section 554 (relating to smuggling
                    goods from the United States), section 555
                    (relating to border tunnels), section 641
                    (relating to public money, property, or
                    records), section 656 (relating to theft,
                    embezzlement, or misapplication by bank officer
                    or employee), section 657 (relating to lending,
                    credit, and insurance institutions), section
                    658 (relating to property mortgaged or pledged
                    to farm credit agencies), section 666 (relating
                    to theft or bribery concerning programs
                    receiving Federal funds), section 793, 794, or
                    798 (relating to espionage), section 831
                    (relating to prohibited transactions involving
                    nuclear materials), section 844 (f) or (i)
                    (relating to destruction by explosives or fire
                    of Government property or property affecting
                    interstate or foreign commerce), section 875
                    (relating to interstate communications),
                    section 922(1) (relating to the unlawful
                    importation of firearms), section 924(n)
                    (relating to firearms trafficking), section 956
                    (relating to conspiracy to kill, kidnap, maim,
                    or injure certain property in a foreign
                    country), section 1005 (relating to fraudulent
                    bank entries), 1006(relating to fraudulent
                    Federal credit institution entries),
                    1007(relating to Federal Deposit Insurance
                    transactions), 1014(relating to fraudulent loan
                    or credit applications), section 1030 (relating
                    to computer fraud and abuse), 1032(relating to
                    concealment of assets from conservator,
                    receiver, or liquidating agent of financial
                    institution), section 1111 (relating to
                    murder), section 1114 (relating to murder of
                    United States law enforcement officials),
                    section 1116 (relating to murder of foreign
                    officials, official guests, or internationally
                    protected persons), section 1201 (relating to
                    kidnaping), section 1203 (relating to hostage
                    taking), section 1361 (relating to willful
                    injury of Government property), section 1363
                    (relating to destruction of property within the
                    special maritime and territorial jurisdiction),
                    section 1708 (theft from the mail), section
                    1751 (relating to Presidential assassination),
                    section 2113 or 2114 (relating to bank and
                    postal robbery and theft), section 2252A
                    (relating to child pornography) where the child
                    pornography contains a visual depiction of an
                    actual minor engaging in sexually explicit
                    conduct, section 2260 (production of certain
                    child pornography for importation into the
                    United States), section 2280 (relating to
                    violence against maritime navigation), section
                    2281 (relating to violence against maritime
                    fixed platforms), section 2319 (relating to
                    copyright infringement), section 2320 (relating
                    to trafficking in counterfeit goods and
                    services), section 2332 (relating to terrorist
                    acts abroad against United States nationals),
                    section 2332a (relating to use of weapons of
                    mass destruction), section 2332b (relating to
                    international terrorist acts transcending
                    national boundaries), section 2332g (relating
                    to missile systems designed to destroy
                    aircraft), section 2332h (relating to
                    radiological dispersal devices), section 2339A
                    or 2339B (relating to providing material
                    support to terrorists), section 2339C (relating
                    to financing of terrorism), or section 2339D
                    (relating to receiving military-type training
                    from a foreign terrorist organization) of this
                    title, section 46502 of title 49, United States
                    Code, a felony violation of the Chemical
                    Diversion and Trafficking Act of 1988 (relating
                    to precursor and essential chemicals), section
                    590 of the Tariff Act of 1930 (19 U.S.C. 1590)
                    (relating to aviation smuggling), section 422
                    of the Controlled Substances Act (relating to
                    transportation of drug paraphernalia), section
                    38(c) (relating to criminal violations) of the
                    Arms Export Control Act, section 11 (relating
                    to violations) of the Export Administration Act
                    of 1979, section 206 (relating to penalties) of
                    the International Emergency Economic Powers
                    Act, section 16 (relating to offenses and
                    punishment) of the Trading with the Enemy Act,
                    any felony violation of section 15 of the Food
                    and Nutrition Act of 2008 (relating to
                    supplemental nutrition assistance program
                    benefits fraud) involving a quantity of
                    benefits having a value of not less than
                    $5,000, any violation of section 543(a)(1) of
                    the Housing Act of 1949 (relating to equity
                    skimming), any felony violation of the Foreign
                    Agents Registration Act of 1938, any felony
                    violation of the Foreign Corrupt Practices Act,
                    or section 92 of the Atomic Energy Act of 1954
                    (42 U.S.C. 2122) (relating to prohibitions
                    governing atomic weapons)
                      (E) a felony violation of the Federal Water
                    Pollution Control Act (33 U.S.C. 1251 et seq.),
                    the Ocean Dumping Act (33 U.S.C. 1401 et seq.),
                    the Act to Prevent Pollution from Ships (33
                    U.S.C. 1901 et seq.), the Safe Drinking Water
                    Act (42 U.S.C. 300f et seq.), or the Resources
                    Conservation and Recovery Act (42 U.S.C. 6901
                    et seq.); or
                      (F) any act or activity constituting an
                    offense involving a Federal health care
                    offense; and
              [(8) the term ``State'' includes a State of the
            United States, the District of Columbia, and any
            commonwealth, territory, or possession of the United
            States; and]
              (9) the term ``proceeds'' means any property derived
            from or obtained or retained, directly or indirectly,
            through some form of unlawful activity, including the
            gross receipts of such activity.
      (d) Nothing in this section shall supersede any provision of
    Federal, State, or other law imposing criminal penalties or
    affording civil remedies in addition to those provided for in
    this section.
      (e) Violations of this section may be investigated by such
    components of the Department of Justice as the Attorney General
    may direct, and by such components of the Department of the
    Treasury as the Secretary of the Treasury may direct, as
    appropriate, and, with respect to offenses over which the
    Department of Homeland Security has jurisdiction, by such
    components of the Department of Homeland Security as the
    Secretary of Homeland Security may direct, and, with respect to
    offenses over which the United States Postal Service has
    jurisdiction, by the Postal Service. Such authority of the
    Secretary of the Treasury, the Secretary of Homeland Security,
    and the Postal Service shall be exercised in accordance with an
    agreement which shall be entered into by the Secretary of the
    Treasury, the Secretary of Homeland Security, the Postal
    Service, and the Attorney General. Violations of this section
    involving offenses described in paragraph (c)(7)(E) may be
    investigated by such components of the Department of Justice as
    the Attorney General may direct, and the National Enforcement
    Investigations Center of the Environmental Protection Agency.
      (f) There is extraterritorial jurisdiction over the conduct
    prohibited by this section if--
              (1) the conduct is by a United States citizen or, in
            the case of a non-United States citizen, the conduct
            occurs in part in the United States; and
              (2) the transaction or series of related transactions
            involves funds or monetary instruments of a value
            exceeding $10,000.
      (g) Notice of Conviction of Financial Institutions.--If any
    financial institution or any officer, director, or employee of
    any financial institution has been found guilty of an offense
    under this section, section 1957 or 1960 of this title, or
    section 5322 or 5324 of title 31, the Attorney General shall
    provide written notice of such fact to the appropriate
    regulatory agency for the financial institution.
      (h) Any person who conspires to commit any offense defined in
    this section or section 1957 shall be subject to the same
    penalties as those prescribed for the offense the commission of
    which was the object of the conspiracy.
      (i) Venue.--(1) Except as provided in paragraph (2), a
    prosecution for an offense under this section or section 1957
    may be brought in--
              (A) any district in which the financial or monetary
            transaction is conducted; or
              (B) any district where a prosecution for the
            underlying specified unlawful activity could be
            brought, if the defendant participated in the transfer
            of the proceeds of the specified unlawful activity from
            that district to the district where the financial or
            monetary transaction is conducted.
      (2) A prosecution for an attempt or conspiracy offense under
    this section or section 1957 may be brought in the district
    where venue would lie for the completed offense under paragraph
    (1), or in any other district where an act in furtherance of
    the attempt or conspiracy took place.
      (3) For purposes of this section, a transfer of funds from 1
    place to another, by wire or any other means, shall constitute
    a single, continuing transaction. Any person who conducts (as
    that term is defined in subsection (c)(2)) any portion of the
    transaction may be charged in any district in which the
    transaction takes place.

               *       *       *       *       *       *       *

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

      (a) Whoever travels in or causes another (including the
    intended victim) to travel in interstate or foreign commerce,
    or uses or causes another (including the intended victim) to
    use the mail or any facility of interstate or foreign commerce,
    with intent that a murder be committed in violation of the laws
    of any State or the United States as consideration for the
    receipt of, or as consideration for a promise or agreement to
    pay, anything of pecuniary value, or who conspires to do so,
    shall be fined under this title or imprisoned for not more than
    ten years, or both; and if personal injury results, shall be
    fined under this title or imprisoned for not more than twenty
    years, or both; and if death results, shall be punished by
    death or life imprisonment, or shall be fined not more than
    $250,000, or both.
      (b) As used in this section and section 1959--
              (1) ``anything of pecuniary value'' means anything of
            value in the form of money, a negotiable instrument, a
            commercial interest, or anything else the primary
            significance of which is economic advantage; and
              (2) ``facility of interstate or foreign commerce''
            includes means of transportation and communication[;
            and].
              [(3) ``State'' includes a State of the United States,
            the District of Columbia, and any commonwealth,
            territory, or possession of the United States.]

               *       *       *       *       *       *       *

    Sec. 1960. Prohibition of unlicensed money transmitting businesses

      (a) Whoever knowingly conducts, controls, manages,
    supervises, directs, or owns all or part of an unlicensed money
    transmitting business, shall be fined in accordance with this
    title or imprisoned not more than 5 years, or both.
      (b) As used in this section--
              (1) the term ``unlicensed money transmitting
            business'' means a money transmitting business which
            affects interstate or foreign commerce in any manner or
            degree and--
                      (A) is operated without an appropriate money
                    transmitting license in a State where such
                    operation is punishable as a misdemeanor or a
                    felony under State law, whether or not the
                    defendant knew that the operation was required
                    to be licensed or that the operation was so
                    punishable;
                      (B) fails to comply with the money
                    transmitting business registration requirements
                    under section 5330 of title 31, United States
                    Code, or regulations prescribed under such
                    section; or
                      (C) otherwise involves the transportation or
                    transmission of funds that are known to the
                    defendant to have been derived from a criminal
                    offense or are intended to be used to promote
                    or support unlawful activity; and
              (2) the term ``money transmitting'' includes
            transferring funds on behalf of the public by any and
            all means including but not limited to transfers within
            this country or to locations abroad by wire, check,
            draft, facsimile, or courier[; and].
              [(3) the term ``State'' means any State of the United
            States, the District of Columbia, the Northern Mariana
            Islands, and any commonwealth, territory, or possession
            of the United States.]

               *       *       *       *       *       *       *

    CHAPTER 97--RAILROAD CARRIERS AND MASS TRANSPORTATION SYSTEMS ON LAND,
    ON WATER, OR THROUGH THE AIR

               *       *       *       *       *       *       *

    Sec. 1992. Terrorist attacks and other violence against railroad
                        carriers and against mass transportation systems on
                        land, on water, or through the air

      (a) General Prohibitions.--Whoever, in a circumstance
    described in subsection (c), knowingly and without lawful
    authority or permission--
              (1) wrecks, derails, sets fire to, or disables
            railroad on-track equipment or a mass transportation
            vehicle;
              (2) places any biological agent or toxin, destructive
            substance, or destructive device in, upon, or near
            railroad on- track equipment or a mass transportation
            vehicle with intent to endanger the safety of any
            person, or with a reckless disregard for the safety of
            human life;
              (3) places or releases a hazardous material or a
            biological agent or toxin on or near any property
            described in subparagraph (A) or (B) of paragraph (4),
            with intent to endanger the safety of any person, or
            with reckless disregard for the safety of human life;
              (4) sets fire to, undermines, makes unworkable,
            unusable, or hazardous to work on or use, or places any
            biological agent or toxin, destructive substance, or
            destructive device in, upon, or near any--
                      (A) tunnel, bridge, viaduct, trestle, track,
                    electromagnetic guideway, signal, station,
                    depot, warehouse, terminal, or any other way,
                    structure, property, or appurtenance used in
                    the operation of, or in support of the
                    operation of, a railroad carrier, and with
                    intent to, or knowing or having reason to know,
                    such activity would likely, derail, disable, or
                    wreck railroad on-track equipment; or
                      (B) garage, terminal, structure, track,
                    electromagnetic guideway, supply, or facility
                    used in the operation of, or in support of the
                    operation of, a mass transportation vehicle,
                    and with intent to, or knowing or having reason
                    to know, such activity would likely, derail,
                    disable, or wreck a mass transportation vehicle
                    used, operated, or employed by a mass
                    transportation provider;
              (5) removes an appurtenance from, damages, or
            otherwise impairs the operation of a railroad signal
            system or mass transportation signal or dispatching
            system, including a train control system, centralized
            dispatching system, or highway-railroad grade crossing
            warning signal;
              (6) with intent to endanger the safety of any person,
            or with a reckless disregard for the safety of human
            life, interferes with, disables, or incapacitates any
            dispatcher, driver, captain, locomotive engineer,
            railroad conductor, or other person while the person is
            employed in dispatching, operating, controlling, or
            maintaining railroad on-track equipment or a mass
            transportation vehicle;
              (7) commits an act, including the use of a dangerous
            weapon, with the intent to cause death or serious
            bodily injury to any person who is on property
            described in subparagraph (A) or (B) of paragraph (4);
              (8) surveils, photographs, videotapes, diagrams, or
            otherwise collects information with the intent to plan
            or assist in planning any of the acts described in
            paragraphs (1) through (6);
              (9) conveys false information, knowing the
            information to be false, concerning an attempt or
            alleged attempt to engage in a violation of this
            subsection; or
              (10) attempts, threatens, or conspires to engage in
            any violation of any of paragraphs (1) through (9),
            shall be fined under this title or imprisoned not more
            than 20 years, or both, and if the offense results in
            the death of any person,
    shall be imprisoned for any term of years or for life, or
    subject to death, except in the case of a violation of
    paragraph (8), (9), or (10).
      (b) Aggravated Offense.--Whoever commits an offense under
    subsection (a) of this section in a circumstance in which--
              (1) the railroad on-track equipment or mass
            transportation vehicle was carrying a passenger or
            employee at the time of the offense;
              (2) the railroad on-track equipment or mass
            transportation vehicle was carrying high-level
            radioactive waste or spent nuclear fuel at the time of
            the offense; or
              (3) the offense was committed with the intent to
            endanger the safety of any person, or with a reckless
            disregard for the safety of any person, and the
            railroad on-track equipment or mass transportation
            vehicle was carrying a hazardous material at the time
            of the offense that--
                      (A) was required to be placarded under
                    subpart F of part 172 of title 49, Code of
                    Federal Regulations; and
                      (B) is identified as class number 3, 4, 5,
                    6.1, or 8 and packing group I or packing group
                    II, or class number 1, 2, or 7 under the
                    hazardous materials table of section 172.101 of
                    title 49, Code of Federal Regulations,
    shall be fined under this title or imprisoned for any term of
    years or life, or both, and if the offense resulted in the
    death of any person, the person may be sentenced to death.
      (c) Circumstances Required for Offense.--A circumstance
    referred to in subsection (a) is any of the following:
              (1) Any of the conduct required for the offense is,
            or, in the case of an attempt, threat, or conspiracy to
            engage in conduct, the conduct required for the
            completed offense would be, engaged in, on, against, or
            affecting a mass transportation provider, or a railroad
            carrier engaged in interstate or foreign commerce.
              (2) Any person travels or communicates across a State
            line in order to commit the offense, or transports
            materials across a State line in aid of the commission
            of the offense.
      (d) Definitions.--In this section--
              (1) the term ``biological agent'' has the meaning
            given to that term in section 178(1);
              (2) the term ``dangerous weapon'' means a weapon,
            device, instrument, material, or substance, animate or
            inanimate, that is used for, or is readily capable of,
            causing death or serious bodily injury, including a
            pocket knife with a blade of less than 2\1/2\ inches in
            length and a box cutter;
              (3) the term ``destructive device'' has the meaning
            given to that term in section 921(a)(4);
              (4) the term ``destructive substance'' means an
            explosive substance, flammable material, infernal
            machine, or other chemical, mechanical, or radioactive
            device or material, or matter of a combustible,
            contaminative, corrosive, or explosive nature, except
            that the term ``radioactive device'' does not include
            any radioactive device or material used solely for
            medical, industrial, research, or other peaceful
            purposes;
              (5) the term ``hazardous material'' has the meaning
            given to that term in chapter 51 of title 49;
              (6) the term ``high-level radioactive waste'' has the
            meaning given to that term in section 2(12) of the
            Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101(12));
              (7) the term ``mass transportation'' has the meaning
            given to that term in section 5302(a)(7) of title 49,
            except that the term includes intercity bus
            transportation school bus, charter, and sightseeing
            transportation and passenger vessel as that term is
            defined in section 2101(22) of title 46, United States
            Code;
              (8) the term ``on-track equipment'' means a carriage
            or other contrivance that runs on rails or
            electromagnetic guideways;
              (9) the term ``railroad on-track equipment'' means a
            train, locomotive, tender, motor unit, freight or
            passenger car, or other on-track equipment used,
            operated, or employed by a railroad carrier;
              (10) the term ``railroad'' has the meaning given to
            that term in chapter 201 of title 49;
              (11) the term ``railroad carrier'' has the meaning
            given to that term in chapter 201 of title 49;
              [(12) the term ``serious bodily injury'' has the
            meaning given to that term in section 1365;]
              (13) the term ``spent nuclear fuel'' has the meaning
            given to that term in section 2(23) of the Nuclear
            Waste Policy Act of 1982 (42 U.S.C. 10101(23));
              [(14) the term ``State'' has the meaning given to
            that term in section 2266;]
              (15) the term ``toxin'' has the meaning given to that
            term in section 178(2); and
              (16) the term ``vehicle'' means any carriage or other
            contrivance used, or capable of being used, as a means
            of transportation on land, on water, or through the
            air.

               *       *       *       *       *       *       *

    CHAPTER 107--SEAMEN AND STOWAWAYS

               *       *       *       *       *       *       *

    Sec. 2199. Stowaways on vessels or aircraft

      Whoever, without the consent of the owner, charterer, master,
    or person in command of any vessel, or aircraft, with intent to
    obtain transportation, boards, enters or secretes himself
    aboard such vessel or aircraft and is thereon at the time of
    departure of said vessel or aircraft from a port, harbor,
    wharf, airport or other place within the jurisdiction of the
    United States; or
      Whoever, with like intent, having boarded, entered or
    secreted himself aboard a vessel or aircraft at any place
    within or without the jurisdiction of the United States,
    remains aboard after the vessel or aircraft has left such place
    and is thereon at any place within the jurisdiction of the
    United States; or
      Whoever, with intent to obtain a ride or transportation,
    boards or enters any aircraft owned or operated by the United
    States without the consent of the person in command or other
    duly authorized officer or agent--
              (1) shall be fined under this title, imprisoned not
            more than 5 years, or both;
              (2) if the person commits an act proscribed by this
            section, with the intent to commit serious bodily
            injury, and serious bodily injury [occurs (as defined
            under section 1365, including] any conduct that, if the
            conduct occurred in the special maritime and
            territorial jurisdiction of the United States, would
            violate section 2241 or 2242) to any person other than
            a participant as a result of a violation of this
            section, shall be fined under this title or imprisoned
            not more than 20 years, or both; and
              (3) if an individual commits an act proscribed by
            this section, with the intent to cause death, and if
            the death of any person other than a participant occurs
            as a result of a violation of this section, shall be
            fined under this title, imprisoned for any number of
            years or for life, or both.
      The word ``aircraft'' as used in this section includes any
    contrivance for navigation or flight in the air.

               *       *       *       *       *       *       *

    CHAPTER 103--ROBBERY AND BURGLARY

               *       *       *       *       *       *       *

    Sec. 2119. Motor vehicles

      Whoever, with the intent to cause death or serious bodily
    harm takes a motor vehicle that has been transported, shipped,
    or received in interstate or foreign commerce from the person
    or presence of another by force and violence or by
    intimidation, or attempts to do so, shall--
              (1) be fined under this title or imprisoned not more
            than 15 years, or both,
              (2) if serious bodily injury [(as defined in section
            1365 of this title, including] or any conduct that, if
            the conduct occurred in the special maritime and
            territorial jurisdiction of the United States, would
            violate section 2241 or 2242 of this title[)] results,
            be fined under this title or imprisoned not more than
            25 years, or both, and
              (3) if death results, be fined under this title or
            imprisoned for any number of years up to life, or both,
            or sentenced to death.

               *       *       *       *       *       *       *

    CHAPTER 107--SEAMEN AND STOWAWAYS

               *       *       *       *       *       *       *

    Sec. 2199. Stowaways on vessels or aircraft

      Whoever, without the consent of the owner, charterer, master,
    or person in command of any vessel, or aircraft, with intent to
    obtain transportation, boards, enters or secretes himself
    aboard such vessel or aircraft and is thereon at the time of
    departure of said vessel or aircraft from a port, harbor,
    wharf, airport or other place within the jurisdiction of the
    United States; or
      Whoever, with like intent, having boarded, entered or
    secreted himself aboard a vessel or aircraft at any place
    within or without the jurisdiction of the United States,
    remains aboard after the vessel or aircraft has left such place
    and is thereon at any place within the jurisdiction of the
    United States; or
      Whoever, with intent to obtain a ride or transportation,
    boards or enters any aircraft owned or operated by the United
    States without the consent of the person in command or other
    duly authorized officer or agent--
              (1) shall be fined under this title, imprisoned not
            more than 5 years, or both;
              (2) if the person commits an act proscribed by this
            section, with the intent to commit serious bodily
            injury, and serious bodily injury [occurs (as defined
            under section 1365, including] any conduct that, if the
            conduct occurred in the special maritime and
            territorial jurisdiction of the United States, would
            violate section 2241 or 2242[)] occurs to any person
            other than a participant as a result of a violation of
            this section, shall be fined under this title or
            imprisoned not more than 20 years, or both; and
              (3) if an individual commits an act proscribed by
            this section, with the intent to cause death, and if
            the death of any person other than a participant occurs
            as a result of a violation of this section, shall be
            fined under this title, imprisoned for any number of
            years or for life, or both.
      The word ``aircraft'' as used in this section includes any
    contrivance for navigation or flight in the air.

    CHAPTER 109--SEARCHES AND SEIZURES

               *       *       *       *       *       *       *

    Sec. 2237. Criminal sanctions for failure to heave to, obstruction of
                        boarding, or providing false information

      (a)(1) It shall be unlawful for the master, operator, or
    person in charge of a vessel of the United States, or a vessel
    subject to the jurisdiction of the United States, to knowingly
    fail to obey an order by an authorized Federal law enforcement
    officer to heave to that vessel.
      (2) It shall be unlawful for any person on board a vessel of
    the United States, or a vessel subject to the jurisdiction of
    the United States, to--
              (A) forcibly resist, oppose, prevent, impede,
            intimidate, or interfere with a boarding or other law
            enforcement action authorized by any Federal law or to
            resist a lawful arrest; or
              (B) provide materially false information to a Federal
            law enforcement officer during a boarding of a vessel
            regarding the vessel's destination, origin, ownership,
            registration, nationality, cargo, or crew.
      (b)(1) Except as otherwise provided in this subsection,
    whoever knowingly violates subsection (a) shall be fined under
    this title or imprisoned for not more than 5 years, or both.
      (2)(A) If the offense is one under paragraph (1) or (2)(A) of
    subsection (a) and has an aggravating factor set forth in
    subparagraph (B) of this paragraph, the offender shall be fined
    under this title or imprisoned for any term of years or life,
    or both.
      (B) The aggravating factor referred to in subparagraph (A) is
    that the offense--
              (i) results in death; or
              (ii) involves--
                      (I) an attempt to kill;
                      (II) kidnapping or an attempt to kidnap; or
                      (III) an offense under section 2241.
      (3) If the offense is one under paragraph (1) or (2)(A) of
    subsection (a) and results in serious bodily injury [(as
    defined in section 1365)], the offender shall be fined under
    this title or imprisoned for not more than 15 years, or both.
      (4) If the offense is one under paragraph (1) or (2)(A) of
    subsection (a), involves knowing transportation under inhumane
    conditions, and is committed in the course of a violation of
    section 274 of the Immigration and Nationality Act, or chapter
    77 or section 113 (other than under subsection (a)(4) or (a)(5)
    of such section) or 117 of this title, the offender shall be
    fined under this title or imprisoned for not more than 15
    years, or both.
      (c) This section does not limit the authority of a customs
    officer under section 581 of the Tariff Act of 1930 (19 U.S.C.
    1581), or any other provision of law enforced or administered
    by the Secretary of the Treasury or the Secretary of Homeland
    Security, or the authority of any Federal law enforcement
    officer under any law of the United States, to order a vessel
    to stop or heave to.
      (d) A foreign nation may consent or waive objection to the
    enforcement of United States law by the United States under
    this section by radio, telephone, or similar oral or electronic
    means. Consent or waiver may be proven by certification of the
    Secretary of State or the designee of the Secretary of State.
      (e) In this section--
              (1) the term ``Federal law enforcement officer'' has
            the meaning given the term in section 115(c);
              (2) the term ``heave to'' means to cause a vessel to
            slow, come to a stop, or adjust its course or speed to
            account for the weather conditions and sea state to
            facilitate a law enforcement boarding;
              (3) the term ``vessel subject to the jurisdiction of
            the United States'' has the meaning given the term in
            section 70502 of title 46;
              (4) the term ``vessel of the United States'' has the
            meaning given the term in section 70502 of title 46;
            and
              (5) the term `transportation under inhumane
            conditions' means--
                      (A) transportation--
                              (i) of one or more persons in an
                            engine compartment, storage
                            compartment, or other confined space;
                              (ii) at an excessive speed; or
                              (iii) of a number of persons in
                            excess of the rated capacity of the
                            vessel; or
                      (B) intentional grounding of a vessel in
                    which persons are being transported.

    CHAPTER 109A--SEXUAL ABUSE

               *       *       *       *       *       *       *

    Sec. 2246. Definitions for chapter

      As used in this chapter--
              (1) the term ``prison'' means a correctional,
            detention, or penal facility;
              (2) the term ``sexual act'' means--
                      (A) contact between the penis and the vulva
                    or the penis and the anus, and for purposes of
                    this subparagraph contact involving the penis
                    occurs upon penetration, however slight;
                      (B) contact between the mouth and the penis,
                    the mouth and the vulva, or the mouth and the
                    anus;
                      (C) the penetration, however slight, of the
                    anal or genital opening of another by a hand or
                    finger or by any object, with an intent to
                    abuse, humiliate, harass, degrade, or arouse or
                    gratify the sexual desire of any person; or
                      (D) the intentional touching, not through the
                    clothing, of the genitalia of another person
                    who has not attained the age of 16 years with
                    an intent to abuse, humiliate, harass, degrade,
                    or arouse or gratify the sexual desire of any
                    person;
              (3) the term ``sexual contact'' means the intentional
            touching, either directly or through the clothing, of
            the genitalia, anus, groin, breast, inner thigh, or
            buttocks of any person with an intent to abuse,
            humiliate, harass, degrade, or arouse or gratify the
            sexual desire of any person;
              (4) the term ``serious bodily injury'' means bodily
            injury that involves a substantial risk of death,
            unconsciousness, extreme physical pain, protracted and
            obvious disfigurement, or protracted loss or impairment
            of the function of a bodily member, organ, or mental
            faculty; and
              (5) the term ``official detention'' means--
                      (A) detention by a Federal officer or
                    employee, or under the direction of a Federal
                    officer or employee, following arrest for an
                    offense; following surrender in lieu of arrest
                    for an offense; following a charge or
                    conviction of an offense, or an allegation or
                    finding of juvenile delinquency; following
                    commitment as a material witness; following
                    civil commitment in lieu of criminal
                    proceedings or pending resumption of criminal
                    proceedings that are being held in abeyance, or
                    pending extradition, deportation, or exclusion;
                    or
                      (B) custody by a Federal officer or employee,
                    or under the direction of a Federal officer or
                    employee, for purposes incident to any
                    detention described in subparagraph (A) of this
                    paragraph, including transportation, medical
                    diagnosis or treatment, court appearance, work,
                    and recreation;
            but does not include supervision or other control
            (other than custody during specified hours or days)
            after release on bail, probation, or parole, or after
            release following a finding of juvenile delinquency[;
            and].
              [(6) the term ``State'' means a State of the United
            States, the District of Columbia, and any commonwealth,
            possession, or territory of the United States.]

               *       *       *       *       *       *       *

    CHAPTER 110A--DOMESTIC VIOLENCE AND STALKING

               *       *       *       *       *       *       *

    Sec. 2265A. Repeat offenders

      (a) Maximum Term of Imprisonment.--The maximum term of
    imprisonment for a violation of this chapter after a prior
    domestic violence or stalking offense shall be twice the term
    otherwise provided under this chapter.
      (b) Definition.--For purposes of this section--
              (1) the term ``prior domestic violence or stalking
            offense'' means a conviction for an offense--
                      (A) under section 2261, 2261A, or 2262 of
                    this chapter; or
                      (B) under State or tribal law for an offense
                    consisting of conduct that would have been an
                    offense under a section referred to in
                    subparagraph (A) if the conduct had occurred
                    within the special maritime and territorial
                    jurisdiction of the United States, or in
                    interstate or foreign commerce[; and]
              [(2) the term ``State'' means a State of the United
            States, the District of Columbia, or any commonwealth,
            territory, or possession of the United States.]

    Sec. 2266. Definitions

      In this chapter:
              (1) Bodily injury.--The term ``bodily injury'' means
            any act, except one done in self-defense, that results
            in physical injury or sexual abuse.
              (2) Course of conduct.--The term ``course of
            conduct'' means a pattern of conduct composed of 2 or
            more acts, evidencing a continuity of purpose.
              (3) Enter or leave Indian country.--The term ``enter
            or leave Indian country'' includes leaving the
            jurisdiction of 1 tribal government and entering the
            jurisdiction of another tribal government.
              (4) Indian country.--The term ``Indian country'' has
            the meaning stated in section 1151 of this title.
              (5) Protection order.--The term ``protection order''
            includes--
                      (A) any injunction, restraining order, or any
                    other order issued by a civil or criminal court
                    for the purpose of preventing violent or
                    threatening acts or harassment against, sexual
                    violence, or contact or communication with or
                    physical proximity to, another person,
                    including any temporary or final order issued
                    by a civil or criminal court whether obtained
                    by filing an independent action or as a
                    pendente lite order in another proceeding so
                    long as any civil or criminal order was issued
                    in response to a complaint, petition, or motion
                    filed by or on behalf of a person seeking
                    protection; and
                      (B) any support, child custody or visitation
                    provisions, orders, remedies or relief issued
                    as part of a protection order, restraining
                    order, or injunction pursuant to State, tribal,
                    territorial, or local law authorizing the
                    issuance of protection orders, restraining
                    orders, or injunctions for the protection of
                    victims of domestic violence, sexual assault,
                    dating violence, or stalking.
              (6) Serious bodily injury.--The term ``serious bodily
            injury'' has the meaning stated in section 2119(2).
              (7) Spouse or intimate partner.--The term ``spouse or
            intimate partner'' includes--
                      (A) for purposes of--
                              (i) sections other than 2261A--
                                      (I) a spouse or former spouse
                                    of the abuser, a person who
                                    shares a child in common with
                                    the abuser, and a person who
                                    cohabits or has cohabited as a
                                    spouse with the abuser; or
                                      (II) a person who is or has
                                    been in a social relationship
                                    of a romantic or intimate
                                    nature with the abuser, as
                                    determined by the length of the
                                    relationship, the type of
                                    relationship, and the frequency
                                    of interaction between the
                                    persons involved in the
                                    relationship; and
                              (ii) section 2261A--
                                      (I) a spouse or former spouse
                                    of the target of the stalking,
                                    a person who shares a child in
                                    common with the target of the
                                    stalking, and a person who
                                    cohabits or has cohabited as a
                                    spouse with the target of the
                                    stalking; or
                                      (II) a person who is or has
                                    been in a social relationship
                                    of a romantic or intimate
                                    nature with the target of the
                                    stalking, as determined by the
                                    length of the relationship, the
                                    type of the relationship, and
                                    the frequency of interaction
                                    between the persons involved in
                                    the relationship.
                      (B) any other person similarly situated to a
                    spouse who is protected by the domestic or
                    family violence laws of the State or tribal
                    jurisdiction in which the injury occurred or
                    where the victim resides.
              [(8) State.--The term ``State'' includes a State of
            the United States, the District of Columbia, and a
            commonwealth, territory, or possession of the United
            States.]
              (9) Travel in interstate or foreign commerce.--The
            term ``travel in interstate or foreign commerce'' does
            not include travel from 1 State to another by an
            individual who is a member of an Indian tribe and who
            remains at all times in the territory of the Indian
            tribe of which the individual is a member.
              (10) Dating partner.--The term ``dating partner''
            refers to a person who is or has been in a social
            relationship of a romantic or intimate nature with the
            abuser. The existence of such a relationship is based
            on a consideration of--
                      (A) the length of the relationship; and
                      (B) the type of relationship; and
                      (C) the frequency of interaction between the
                    persons involved in the relationship.

               *       *       *       *       *       *       *

    CHAPTER 111--SHIPPING

               *       *       *       *       *       *       *

    Sec. 2281. Violence against maritime fixed platforms

      (a) Offense.--
              (1) In general.--A person who unlawfully and
            intentionally--
                      (A) seizes or exercises control over a fixed
                    platform by force or threat thereof or any
                    other form of intimidation;
                      (B) performs an act of violence against a
                    person on board a fixed platform if that act is
                    likely to endanger its safety;
                      (C) destroys a fixed platform or causes
                    damage to it which is likely to endanger its
                    safety;
                      (D) places or causes to be placed on a fixed
                    platform, by any means whatsoever, a device or
                    substance which is likely to destroy that fixed
                    platform or likely to endanger its safety;
                      (E) injures or kills any person in connection
                    with the commission or the attempted commission
                    of any of the offenses set forth in
                    subparagraphs (A) through (D); or
                      (F) attempts or conspires to do anything
                    prohibited under subparagraphs (A) through (E),
            shall be fined under this title, imprisoned not more
            than 20 years, or both; and if death results to any
            person from conduct prohibited by this paragraph, shall
            be punished by death or imprisoned for any term of
            years or for life.
              (2) Threat to safety.--A person who threatens to do
            anything prohibited under paragraph (1)(B) or (C), with
            apparent determination and will to carry the threat
            into execution, if the threatened act is likely to
            endanger the safety of the fixed platform, shall be
            fined under this title, imprisoned not more than 5
            years, or both.
      (b) Jurisdiction.--There is jurisdiction over the activity
    prohibited in subsection (a) if--
              (1) such activity is committed against or on board a
            fixed platform--
                      (A) that is located on the continental shelf
                    of the United States;
                      (B) that is located on the continental shelf
                    of another country, by a national of the United
                    States or by a stateless person whose habitual
                    residence is in the United States; or
                      (C) in an attempt to compel the United States
                    to do or abstain from doing any act;
              (2) during the commission of such activity against or
            on board a fixed platform located on a continental
            shelf, a national of the United States is seized,
            threatened, injured or killed; or
              (3) such activity is committed against or on board a
            fixed platform located outside the United States and
            beyond the continental shelf of the United States and
            the offender is later found in the United States.
      (c) Bar To Prosecution.--It is a bar to Federal prosecution
    under subsection (a) for conduct that occurred within the
    United States that the conduct involved was during or in
    relation to a labor dispute, and such conduct is prohibited as
    a felony under the law of the State in which it was committed.
    For purposes of this section, the term ``labor dispute'' has
    the meaning set forth in section 13(c) of the Norris-LaGuardia
    Act, as amended (29 U.S.C. 113(c))[, and the term ``State''
    means a State of the United States, the District of Columbia,
    and any commonwealth, territory, or possession of the United
    States.].
      (d) Definitions.--In this section--
              ``continental shelf'' means the sea-bed and subsoil
            of the submarine areas that extend beyond a country's
            territorial sea to the limits provided by customary
            international law as reflected in Article 76 of the
            1982 Convention on the Law of the Sea.
              ``fixed platform'' means an artificial island,
            installation or structure permanently attached to the
            sea-bed for the purpose of exploration or exploitation
            of resources or for other economic purposes.
              (1) the activities of armed forces during an armed
            conflict, as those terms are understood under the law
            of war, which are governed by that law; or
              (2) activities undertaken by military forces of a
            state in the exercise of their official duties.

               *       *       *       *       *       *       *

    CHAPTER 111A--DESTRUCTION OF, OR INTERFERENCE WITH, VESSELS OR MARITIME
    FACILITIES

               *       *       *       *       *       *       *

    Sec. 2291. Destruction of vessel or maritime facility

      (a) Offense.--Whoever knowingly--
              (1) sets fire to, damages, destroys, disables, or
            wrecks any vessel;
              (2) places or causes to be placed a destructive
            device, as defined in section 921(a)(4), destructive
            substance, as defined in section 31(a)(3), or an
            explosive, as defined in section 844(j) in, upon, or
            near, or otherwise makes or causes to be made
            unworkable or unusable or hazardous to work or use, any
            vessel, or any part or other materials used or intended
            to be used in connection with the operation of a
            vessel;
              (3) sets fire to, damages, destroys, or disables or
            places a destructive device or substance in, upon, or
            near, any maritime facility, including any aid to
            navigation, lock, canal, or vessel traffic service
            facility or equipment;
              (4) interferes by force or violence with the
            operation of any maritime facility, including any aid
            to navigation, lock, canal, or vessel traffic service
            facility or equipment, if such action is likely to
            endanger the safety of any vessel in navigation;
              (5) sets fire to, damages, destroys, or disables or
            places a destructive device or substance in, upon, or
            near, any appliance, structure, property, machine, or
            apparatus, or any facility or other material used, or
            intended to be used, in connection with the operation,
            maintenance, loading, unloading, or storage of any
            vessel or any passenger or cargo carried or intended to
            be carried on any vessel;
              (6) performs an act of violence against or
            incapacitates any individual on any vessel, if such act
            of violence or incapacitation is likely to endanger the
            safety of the vessel or those on board;
              (7) performs an act of violence against a person that
            causes or is likely to cause serious bodily injury[, as
            defined in section 1365(h)(3)], in, upon, or near, any
            appliance, structure, property, machine, or apparatus,
            or any facility or other material used, or intended to
            be used, in connection with the operation, maintenance,
            loading, unloading, or storage of any vessel or any
            passenger or cargo carried or intended to be carried on
            any vessel;
              (8) communicates information, knowing the information
            to be false and under circumstances in which such
            information may reasonably be believed, thereby
            endangering the safety of any vessel in navigation; or
              (9) attempts or conspires to do anything prohibited
            under paragraphs (1) through (8),
    shall be fined under this title or imprisoned not more than 20
    years, or both.
      (b) Limitation.--Subsection (a) shall not apply to any person
    that is engaging in otherwise lawful activity, such as normal
    repair and salvage activities, and the transportation of
    hazardous materials regulated and allowed to be transported
    under chapter 51 of title 49.
      (c) Penalty.--Whoever is fined or imprisoned under subsection
    (a) as a result of an act involving a vessel that, at the time
    of the violation, carried high-level radioactive waste (as that
    term is defined in section 2(12) of the Nuclear Waste Policy
    Act of 1982 (42 U.S.C. 10101(12)) or spent nuclear fuel (as
    that term is defined in section 2(23) of the Nuclear Waste
    Policy Act of 1982 (42 U.S.C. 10101(23)), shall be fined under
    this title, imprisoned for a term up to life, or both.
      (d) Penalty When Death Results.--Whoever is convicted of any
    crime prohibited by subsection (a) and intended to cause death
    by the prohibited conduct, if the conduct resulted in the death
    of any person, shall be subject also to the death penalty or to
    a term of imprisonment for a period up to life.
      (e) Threats.--Whoever knowingly and intentionally imparts or
    conveys any threat to do an act which would violate this
    chapter, with an apparent determination and will to carry the
    threat into execution, shall be fined under this title or
    imprisoned not more than 5 years, or both, and is liable for
    all costs incurred as a result of such threat.

               *       *       *       *       *       *       *

    Sec. 2293. Bar to prosecution

      (a) In General.--It is a bar to prosecution under this
    chapter if--
              (1) the conduct in question occurred within the
            United States in relation to a labor dispute, and such
            conduct is prohibited as a felony under the law of the
            State in which it was committed; or
              (2) such conduct is prohibited as a misdemeanor, and
            not as a felony, under the law of the State in which it
            was committed.
      (b) Definitions.--In this section:
              (1) Labor dispute.--The term ``labor dispute'' has
            the same meaning given that term in section 13(c) of
            the Act to amend the Judicial Code and to define and
            limit the jurisdiction of courts sitting in equity, and
            for other purposes (29 U.S.C. 113(c), commonly known as
            the Norris-LaGuardia Act).
              [(2) State.--The term ``State'' means a State of the
            United States, the District of Columbia, and any
            commonwealth, territory, or possession of the United
            States.]

               *       *       *       *       *       *       *

    CHAPTER 113--STOLEN PROPERTY

               *       *       *       *       *       *       *

    Sec. 2313. Sale or receipt of stolen vehicles

      [(a)] Whoever receives, possesses, conceals, stores, barters,
    sells, or disposes of any motor vehicle, vessel, or aircraft,
    which has crossed a State or United States boundary after being
    stolen, knowing the same to have been stolen, shall be fined
    under this title or imprisoned not more than 10 years, or both.
      [(b) For purposes of this section, the term ``State''
    includes a State of the United States, the District of
    Columbia, and any commonwealth, territory, or possession of the
    United States.]

               *       *       *       *       *       *       *

    Sec. 2315. Sale or receipt of stolen goods, securities, moneys, or
                        fraudulent State tax stamps

      Whoever receives, possesses, conceals, stores, barters,
    sells, or disposes of any goods, wares, or merchandise,
    securities, or money of the value of $5,000 or more, or pledges
    or accepts as security for a loan any goods, wares, or
    merchandise, or securities, of the value of $500 or more, which
    have crossed a State or United States boundary after being
    stolen, unlawfully converted, or taken, knowing the same to
    have been stolen, unlawfully converted, or taken; or
      Whoever receives, possesses, conceals, stores, barters,
    sells, or disposes of any falsely made, forged, altered, or
    counterfeited securities or tax stamps, or pledges or accepts
    as security for a loan any falsely made, forged, altered, or
    counterfeited securities or tax stamps, moving as, or which are
    a part of, or which constitute interstate or foreign commerce,
    knowing the same to have been so falsely made, forged, altered,
    or counterfeited; or
      Whoever receives in interstate or foreign commerce, or
    conceals, stores, barters, sells, or disposes of, any tool,
    implement, or thing used or intended to be used in falsely
    making, forging, altering, or counterfeiting any security or
    tax stamp, or any part thereof, moving as, or which is a part
    of, or which constitutes interstate or foreign commerce,
    knowing that the same is fitted to be used, or has been used,
    in falsely making, forging, altering, or counterfeiting any
    security or tax stamp, or any part thereof; or
       ``Whoeverreceives, possesses, conceals, stores, barters,
    sells, or disposes of any veterans'' memorial object which has
    crossed a State or United States boundary after being stolen,
    unlawfully converted, or taken, knowing the same to have been
    stolen, unlawfully converted, or taken--'
      Shall be fined under this title or imprisoned not more than
    ten years, or both. If the offense involves a pre-retail
    medical product (as defined in section 670) the punishment for
    the offense shall be the same as the punishment for an offense
    under section 670 unless the punishment under this section is
    greater. If the offense involves the receipt, possession,
    concealment, storage, barter, sale, or disposal of veterans'
    memorial objects with a value, in the aggregate, of less than
    $1,000, the defendant shall be fined under this title or
    imprisoned not more than one year, or both.
      [
      [This section shall not apply to any falsely made, forged,
    altered, counterfeited, or spurious representation of an
    obligation or other security of the United States or of an
    obligation, bond, certificate, security, treasury note, bill,
    promise to pay, or bank note, issued by any foreign government.
    This section also shall not apply to any falsely made, forged,
    altered, counterfeited, or spurious representation of any bank
    note or bill issued by a bank or corporation of any foreign
    country which is intended by the laws or usage of such country
    to circulate as money.]
      For purposes of this section, the term ``State'' includes a
    State of the United States, the District of Columbia, and any
    commonwealth, territory, or possession of the United States.
    For purposes of this section the term ``veterans' memorial
    object'' means a grave marker, headstone, monument, or other
    object, intended to permanently honor a veteran or mark a
    veteran's grave, or any monument that signifies an event of
    national military historical significance.

               *       *       *       *       *       *       *

    CHAPTER 113B--TERRORISM

               *       *       *       *       *       *       *

    Sec. 2332b. Acts of terrorism transcending national boundaries

      (a) Prohibited Acts.--
              (1) Offenses.--Whoever, involving conduct
            transcending national boundaries and in a circumstance
            described in subsection (b)--
                      (A) kills, kidnaps, maims, commits an assault
                    resulting in serious bodily injury, or assaults
                    with a dangerous weapon any person within the
                    United States; or
                      (B) creates a substantial risk of serious
                    bodily injury to any other person by destroying
                    or damaging any structure, conveyance, or other
                    real or personal property within the United
                    States or by attempting or conspiring to
                    destroy or damage any structure, conveyance, or
                    other real or personal property within the
                    United States;
            in violation of the laws of any State, or the United
            States, shall be punished as prescribed in subsection
            (c).
              (2) Treatment of threats, attempts and
            conspiracies.--Whoever threatens to commit an offense
            under paragraph (1), or attempts or conspires to do so,
            shall be punished under subsection (c).
      (b) Jurisdictional Bases.--
              (1) Circumstances.--The circumstances referred to in
            subsection (a) are--
                      (A) the mail or any facility of interstate or
                    foreign commerce is used in furtherance of the
                    offense;
                      (B) the offense obstructs, delays, or affects
                    interstate or foreign commerce, or would have
                    so obstructed, delayed, or affected interstate
                    or foreign commerce if the offense had been
                    consummated;
                      (C) the victim, or intended victim, is the
                    United States Government, a member of the
                    uniformed services, or any official, officer,
                    employee, or agent of the legislative,
                    executive, or judicial branches, or of any
                    department or agency, of the United States;
                      (D) the structure, conveyance, or other real
                    or personal property is, in whole or in part,
                    owned, possessed, or leased to the United
                    States, or any department or agency of the
                    United States;
                      (E) the offense is committed in the
                    territorial sea (including the airspace above
                    and the seabed and subsoil below, and
                    artificial islands and fixed structures erected
                    thereon) of the United States; or
                      (F) the offense is committed within the
                    special maritime and territorial jurisdiction
                    of the United States.
              (2) Co-conspirators and accessories after the fact.--
            Jurisdiction shall exist over all principals and co-
            conspirators of an offense under this section, and
            accessories after the fact to any offense under this
            section, if at least one of the circumstances described
            in subparagraphs (A) through (F) of paragraph (1) is
            applicable to at least one offender.
      (c) Penalties.--
              (1) Penalties.--Whoever violates this section shall
            be punished--
                      (A) for a killing, or if death results to any
                    person from any other conduct prohibited by
                    this section, by death, or by imprisonment for
                    any term of years or for life;
                      (B) for kidnapping, by imprisonment for any
                    term of years or for life;
                      (C) for maiming, by imprisonment for not more
                    than 35 years;
                      (D) for assault with a dangerous weapon or
                    assault resulting in serious bodily injury, by
                    imprisonment for not more than 30 years;
                      (E) for destroying or damaging any structure,
                    conveyance, or other real or personal property,
                    by imprisonment for not more than 25 years;
                      (F) for attempting or conspiring to commit an
                    offense, for any term of years up to the
                    maximum punishment that would have applied had
                    the offense been completed; and
                      (G) for threatening to commit an offense
                    under this section, by imprisonment for not
                    more than 10 years.
              (2) Consecutive sentence.--Notwithstanding any other
            provision of law, the court shall not place on
            probation any person convicted of a violation of this
            section; nor shall the term of imprisonment imposed
            under this section run concurrently with any other term
            of imprisonment.
      (d) Proof Requirements.--The following shall apply to
    prosecutions under this section:
              (1) Knowledge.--The prosecution is not required to
            prove knowledge by any defendant of a jurisdictional
            base alleged in the indictment.
              (2) State law.--In a prosecution under this section
            that is based upon the adoption of State law, only the
            elements of the offense under State law, and not any
            provisions pertaining to criminal procedure or
            evidence, are adopted.
      (e) Extraterritorial Jurisdiction.--There is extraterritorial
    Federal jurisdiction--
              (1) over any offense under subsection (a), including
            any threat, attempt, or conspiracy to commit such
            offense; and
              (2) over conduct which, under section 3, renders any
            person an accessory after the fact to an offense under
            subsection (a).
      (f) Investigative Authority.--In addition to any other
    investigative authority with respect to violations of this
    title, the Attorney General shall have primary investigative
    responsibility for all Federal crimes of terrorism, and any
    violation of section 351(e), 844(e), 844(f)(1), 956(b), 1361,
    1366(b), 1366(c), 1751(e), 2152, or 2156 of this title, and the
    Secretary of the Treasury shall assist the Attorney General at
    the request of the Attorney General. Nothing in this section
    shall be construed to interfere with the authority of the
    United States Secret Service under section 3056.
      (g) Definitions.--As used in this section--
              (1) the term ``conduct transcending national
            boundaries'' means conduct occurring outside of the
            United States in addition to the conduct occurring in
            the United States;
              (2) the term ``facility of interstate or foreign
            commerce'' has the meaning given that term in section
            1958(b)(2);
              [(3) the term ``serious bodily injury'' has the
            meaning given that term in section 1365(g)(3); ]
              (4) the term ``territorial sea of the United States''
            means all waters extending seaward to 12 nautical miles
            from the baselines of the United States, determined in
            accordance with international law; and
              (5) the term ``Federal crime of terrorism'' means an
            offense that--
                      (A) is calculated to influence or affect the
                    conduct of government by intimidation or
                    coercion, or to retaliate against government
                    conduct; and
                      (B) is a violation of--
                              (i) section 32 (relating to
                            destruction of aircraft or aircraft
                            facilities), 37 (relating to violence
                            at international airports), 81
                            (relating to arson within special
                            maritime and territorial jurisdiction),
                            175 or 175b (relating to biological
                            weapons), 175c (relating to variola
                            virus), 229 (relating to chemical
                            weapons), subsection (a), (b), (c), or
                            (d) of section 351 (relating to
                            congressional, cabinet, and Supreme
                            Court assassination and kidnaping), 831
                            (relating to nuclear materials), 832
                            (relating to participation in nuclear
                            and weapons of mass destruction threats
                            to the United States) 842(m) or (n)
                            (relating to plastic explosives),
                            844(f)(2) or (3) (relating to arson and
                            bombing of Government property risking
                            or causing death), 844(i) (relating to
                            arson and bombing of property used in
                            interstate commerce), 930(c) (relating
                            to killing or attempted killing during
                            an attack on a Federal facility with a
                            dangerous weapon), 956(a)(1) (relating
                            to conspiracy to murder, kidnap, or
                            maim persons abroad), 1030(a)(1)
                            (relating to protection of computers),
                            1030(a)(5)(A) resulting in damage as
                            defined in 1030(c)(4)(A)(i)(II) through
                            (VI) (relating to protection of
                            computers), 1114 (relating to killing
                            or attempted killing of officers and
                            employees of the United States), 1116
                            (relating to murder or manslaughter of
                            foreign officials, official guests, or
                            internationally protected persons),
                            1203 (relating to hostage taking), 1361
                            (relating to government property or
                            contracts), 1362 (relating to
                            destruction of communication lines,
                            stations, or systems), 1363 (relating
                            to injury to buildings or property
                            within special maritime and territorial
                            jurisdiction of the United States),
                            1366(a) (relating to destruction of an
                            energy facility), 1751(a), (b), (c), or
                            (d) (relating to Presidential and
                            Presidential staff assassination and
                            kidnaping), 1992 (relating to terrorist
                            attacks and other acts of violence
                            against railroad carriers and against
                            mass transportation systems on land, on
                            water, or through the air), 2155
                            (relating to destruction of national
                            defense materials, premises, or
                            utilities), 2156 (relating to national
                            defense material, premises, or
                            utilities), 2280 (relating to violence
                            against maritime navigation), 2280a
                            (relating to maritime safety), 2281
                            through 2281a (relating to violence
                            against maritime fixed platforms), 2332
                            (relating to certain homicides and
                            other violence against United States
                            nationals occurring outside of the
                            United States), 2332a (relating to use
                            of weapons of mass destruction), 2332b
                            (relating to acts of terrorism
                            transcending national boundaries),
                            2332f (relating to bombing of public
                            places and facilities), 2332g (relating
                            to missile systems designed to destroy
                            aircraft), 2332h (relating to
                            radiological dispersal devices), 2332i
                            (relating to acts of nuclear
                            terrorism), 2339 (relating to harboring
                            terrorists), 2339A (relating to
                            providing material support to
                            terrorists), 2339B (relating to
                            providing material support to terrorist
                            organizations), 2339C (relating to
                            financing of terrorism), 2339D
                            (relating to military-type training
                            from a foreign terrorist organization),
                            or 2340A (relating to torture) of this
                            title;
                              (ii) sections 92 (relating to
                            prohibitions governing atomic weapons)
                            or 236 (relating to sabotage of nuclear
                            facilities or fuel) of the Atomic
                            Energy Act of 1954 (42 U.S.C. 2122 or
                            2284);
                              (iii) section 46502 (relating to
                            aircraft piracy), the second sentence
                            of section 46504 (relating to assault
                            on a flight crew with a dangerous
                            weapon), section 46505(b)(3) or (c)
                            (relating to explosive or incendiary
                            devices, or endangerment of human life
                            by means of weapons, on aircraft),
                            section 46506 if homicide or attempted
                            homicide is involved (relating to
                            application of certain criminal laws to
                            acts on aircraft), or section 60123(b)
                            (relating to destruction of interstate
                            gas or hazardous liquid pipeline
                            facility) of title 49; or
                              (iv) section 1010A of the Controlled
                            Substances Import and Export Act
                            (relating to narco-terrorism).

               *       *       *       *       *       *       *

    Sec. 2332f. Bombings of places of public use, government facilities,
                        public transportation systems and infrastructure
                        facilities

      (a) Offenses.--
              (1) In general.--Whoever unlawfully delivers, places,
            discharges, or detonates an explosive or other lethal
            device in, into, or against a place of public use, a
            state or government facility, a public transportation
            system, or an infrastructure facility--
                      (A) with the intent to cause death or serious
                    bodily injury, or
                      (B) with the intent to cause extensive
                    destruction of such a place, facility, or
                    system, where such destruction results in or is
                    likely to result in major economic loss,
            shall be punished as prescribed in subsection (c).
              (2) Attempts and conspiracies.--Whoever attempts or
            conspires to commit an offense under paragraph (1)
            shall be punished as prescribed in subsection (c).
      (b) Jurisdiction.--There is jurisdiction over the offenses in
    subsection (a) if--
              (1) the offense takes place in the United States
            and--
                      (A) the offense is committed against another
                    state or a government facility of such state,
                    including its embassy or other diplomatic or
                    consular premises of that state;
                      (B) the offense is committed in an attempt to
                    compel another state or the United States to do
                    or abstain from doing any act;
                      (C) at the time the offense is committed, it
                    is committed--
                              (i) on board a vessel flying the flag
                            of another state;
                              (ii) on board an aircraft which is
                            registered under the laws of another
                            state; or
                              (iii) on board an aircraft which is
                            operated by the government of another
                            state;
                      (D) a perpetrator is found outside the United
                    States;
                      (E) a perpetrator is a national of another
                    state or a stateless person; or
                      (F) a victim is a national of another state
                    or a stateless person;
              (2) the offense takes place outside the United States
            and--
                      (A) a perpetrator is a national of the United
                    States or is a stateless person whose habitual
                    residence is in the United States;
                      (B) a victim is a national of the United
                    States;
                      (C) a perpetrator is found in the United
                    States;
                      (D) the offense is committed in an attempt to
                    compel the United States to do or abstain from
                    doing any act;
                      (E) the offense is committed against a state
                    or government facility of the United States,
                    including an embassy or other diplomatic or
                    consular premises of the United States;
                      (F) the offense is committed on board a
                    vessel flying the flag of the United States or
                    an aircraft which is registered under the laws
                    of the United States at the time the offense is
                    committed; or
                      (G) the offense is committed on board an
                    aircraft which is operated by the United
                    States.
      (c) Penalties.--Whoever violates this section shall be
    punished as provided under section 2332a(a) of this title.
      (d) Exemptions to Jurisdiction.--This section does not apply
    to--
              (1) the activities of armed forces during an armed
            conflict, as those terms are understood under the law
            of war, which are governed by that law,
              (2) activities undertaken by military forces of a
            state in the exercise of their official duties; or
              (3) offenses committed within the United States,
            where the alleged offender and the victims are United
            States citizens and the alleged offender is found in
            the United States, or where jurisdiction is predicated
            solely on the nationality of the victims or the alleged
            offender and the offense has no substantial effect on
            interstate or foreign commerce.
      (e) Definitions.--As used in this section, the term--
              [(1) ``serious bodily injury'' has the meaning given
            that term in section 1365(g)(3) of this title; ]
              (2) ``national of the United States'' has the meaning
            given that term in section 101(a)(22) of the
            Immigration and Nationality Act (8 U.S.C. 1101(a)(22));
              (3) ``state or government facility'' includes any
            permanent or temporary facility or conveyance that is
            used or occupied by representatives of a state, members
            of Government, the legislature or the judiciary or by
            officials or employees of a state or any other public
            authority or entity or by employees or officials of an
            intergovernmental organization in connection with their
            official duties;
              (4) ``intergovernmental organization'' includes
            international organization (as defined in section
            1116(b)(5) of this title);
              (5) ``infrastructure facility'' means any publicly or
            privately owned facility providing or distributing
            services for the benefit of the public, such as water,
            sewage, energy, fuel, or communications;
              (6) ``place of public use'' means those parts of any
            building, land, street, waterway, or other location
            that are accessible or open to members of the public,
            whether continuously, periodically, or occasionally,
            and encompasses any commercial, business, cultural,
            historical, educational, religious, governmental,
            entertainment, recreational, or similar place that is
            so accessible or open to the public;
              (7) ``public transportation system'' means all
            facilities, conveyances, and instrumentalities, whether
            publicly or privately owned, that are used in or for
            publicly available services for the transportation of
            persons or cargo;
              (8) ``explosive'' has the meaning given in section
            844(j) of this title insofar that it is designed, or
            has the capability, to cause death, serious bodily
            injury, or substantial material damage;
              (9) ``other lethal device'' means any weapon or
            device that is designed or has the capability to cause
            death, serious bodily injury, or substantial damage to
            property through the release, dissemination, or impact
            of toxic chemicals, biological agents, or toxins (as
            those terms are defined in section 178 of this title)
            or radiation or radioactive material;
              (10) ``military forces of a state'' means the armed
            forces of a state which are organized, trained, and
            equipped under its internal law for the primary purpose
            of national defense or security, and persons acting in
            support of those armed forces who are under their
            formal command, control, and responsibility;
              (11) ``armed conflict'' does not include internal
            disturbances and tensions, such as riots, isolated and
            sporadic acts of violence, and other acts of a similar
            nature; and
              (12) ``state'' has the same meaning as that term has
            under international law, and includes all political
            subdivisions thereof.

               *       *       *       *       *       *       *

    Sec. 2339C. Prohibitions against the financing of terrorism

      (a) Offenses.--
              (1) In general.--Whoever, in a circumstance described
            in subsection (b), by any means, directly or
            indirectly, unlawfully and willfully provides or
            collects funds with the intention that such funds be
            used, or with the knowledge that such funds are to be
            used, in full or in part, in order to carry out--
                      (A) an act which constitutes an offense
                    within the scope of a treaty specified in
                    subsection (e)(7), as implemented by the United
                    States, or
                      (B) any other act intended to cause death or
                    serious bodily injury to a civilian, or to any
                    other person not taking an active part in the
                    hostilities in a situation of armed conflict,
                    when the purpose of such act, by its nature or
                    context, is to intimidate a population, or to
                    compel a government or an international
                    organization to do or to abstain from doing any
                    act,
            shall be punished as prescribed in subsection (d)(1).
              (2) Attempts and conspiracies.--Whoever attempts or
            conspires to commit an offense under paragraph (1)
            shall be punished as prescribed in subsection (d)(1).
              (3) Relationship to predicate act.--For an act to
            constitute an offense set forth in this subsection, it
            shall not be necessary that the funds were actually
            used to carry out a predicate act.
      (b) Jurisdiction.--There is jurisdiction over the offenses in
    subsection (a) in the following circumstances--
              (1) the offense takes place in the United States
            and--
                      (A) a perpetrator was a national of another
                    state or a stateless person;
                      (B) on board a vessel flying the flag of
                    another state or an aircraft which is
                    registered under the laws of another state at
                    the time the offense is committed;
                      (C) on board an aircraft which is operated by
                    the government of another state;
                      (D) a perpetrator is found outside the United
                    States;
                      (E) was directed toward or resulted in the
                    carrying out of a predicate act against--
                              (i) a national of another state; or
                              (ii) another state or a government
                            facility of such state, including its
                            embassy or other diplomatic or consular
                            premises of that state;
                      (F) was directed toward or resulted in the
                    carrying out of a predicate act committed in an
                    attempt to compel another state or
                    international organization to do or abstain
                    from doing any act; or
                      (G) was directed toward or resulted in the
                    carrying out of a predicate act--
                              (i) outside the United States; or
                              (ii) within the United States, and
                            either the offense or the predicate act
                            was conducted in, or the results
                            thereof affected, interstate or foreign
                            commerce;
              (2) the offense takes place outside the United States
            and--
                      (A) a perpetrator is a national of the United
                    States or is a stateless person whose habitual
                    residence is in the United States;
                      (B) a perpetrator is found in the United
                    States; or
                      (C) was directed toward or resulted in the
                    carrying out of a predicate act against--
                              (i) any property that is owned,
                            leased, or used by the United States or
                            by any department or agency of the
                            United States, including an embassy or
                            other diplomatic or consular premises
                            of the United States;
                              (ii) any person or property within
                            the United States;
                              (iii) any national of the United
                            States or the property of such
                            national; or
                              (iv) any property of any legal entity
                            organized under the laws of the United
                            States, including any of its States,
                            districts, commonwealths, territories,
                            or possessions;
              (3) the offense is committed on board a vessel flying
            the flag of the United States or an aircraft which is
            registered under the laws of the United States at the
            time the offense is committed;
              (4) the offense is committed on board an aircraft
            which is operated by the United States; or
              (5) the offense was directed toward or resulted in
            the carrying out of a predicate act committed in an
            attempt to compel the United States to do or abstain
            from doing any act.
      (c) Concealment.--Whoever--
              (1)(A) is in the United States; or
              (B) is outside the United States and is a national of
            the United States or a legal entity organized under the
            laws of the United States (including any of its States,
            districts, commonwealths, territories, or possessions);
            and
              (2) knowingly conceals or disguises the nature,
            location, source, ownership, or control of any material
            support or resources, or any funds or proceeds of such
            funds--
                      (A) knowing or intending that the support or
                    resources are to be provided, or knowing that
                    the support or resources were provided, in
                    violation of section 2339B of this title; or
                      (B) knowing or intending that any such funds
                    are to be provided or collected, or knowing
                    that the funds were provided or collected, in
                    violation of subsection (a),
    shall be punished as prescribed in subsection (d)(2).
      (d) Penalties.--
              (1) Subsection (a).--Whoever violates subsection (a)
            shall be fined under this title, imprisoned for not
            more than 20 years, or both.
              (2) Subsection (c).--Whoever violates subsection (c)
            shall be fined under this title, imprisoned for not
            more than 10 years, or both.
      (e) Definitions.--In this section--
              (1) the term ``funds'' means assets of every kind,
            whether tangible or intangible, movable or immovable,
            however acquired, and legal documents or instruments in
            any form, including electronic or digital, evidencing
            title to, or interest in, such assets, including coin,
            currency, bank credits, travelers checks, bank checks,
            money orders, shares, securities, bonds, drafts, and
            letters of credit;
              (2) the term ``government facility'' means any
            permanent or temporary facility or conveyance that is
            used or occupied by representatives of a state, members
            of a government, the legislature, or the judiciary, or
            by officials or employees of a state or any other
            public authority or entity or by employees or officials
            of an intergovernmental organization in connection with
            their official duties;
              (3) the term ``proceeds'' means any funds derived
            from or obtained, directly or indirectly, through the
            commission of an offense set forth in subsection (a);
              (4) the term ``provides'' includes giving, donating,
            and transmitting;
              (5) the term ``collects'' includes raising and
            receiving;
              (6) the term ``predicate act'' means any act referred
            to in subparagraph (A) or (B) of subsection (a)(1);
              (7) the term ``treaty'' means--
                      (A) the Convention for the Suppression of
                    Unlawful Seizure of Aircraft, done at The Hague
                    on December 16, 1970;
                      (B) the Convention for the Suppression of
                    Unlawful Acts against the Safety of Civil
                    Aviation, done at Montreal on September 23,
                    1971;
                      (C) the Convention on the Prevention and
                    Punishment of Crimes against Internationally
                    Protected Persons, including Diplomatic Agents,
                    adopted by the General Assembly of the United
                    Nations on December 14, 1973;
                      (D) the International Convention against the
                    Taking of Hostages, adopted by the General
                    Assembly of the United Nations on December 17,
                    1979;
                      (E) the Convention on the Physical Protection
                    of Nuclear Material, adopted at Vienna on March
                    3, 1980;
                      (F) the Protocol for the Suppression of
                    Unlawful Acts of Violence at Airports Serving
                    International Civil Aviation, supplementary to
                    the Convention for the Suppression of Unlawful
                    Acts against the Safety of Civil Aviation, done
                    at Montreal on February 24, 1988;
                      (G) the Convention for the Suppression of
                    Unlawful Acts against the Safety of Maritime
                    Navigation, done at Rome on March 10, 1988;
                      (H) the Protocol for the Suppression of
                    Unlawful Acts against the Safety of Fixed
                    Platforms located on the Continental Shelf,
                    done at Rome on March 10, 1988; or
                      (I) the International Convention for the
                    Suppression of Terrorist Bombings, adopted by
                    the General Assembly of the United Nations on
                    December 15, 1997;
              (8) the term ``intergovernmental organization''
            includes international organizations;
              (9) the term ``international organization'' has the
            same meaning as in section 1116(b)(5) of this title;
              (10) the term ``armed conflict'' does not include
            internal disturbances and tensions, such as riots,
            isolated and sporadic acts of violence, and other acts
            of a similar nature;
              [(11) the term ``serious bodily injury'' has the same
            meaning as in section 1365(g)(3) of this title; ]
              (12) the term ``national of the United States'' has
            the meaning given that term in section 101(a)(22) of
            the Immigration and Nationality Act (8 U.S.C.
            1101(a)(22));
              (13) the term ``material support or resources'' has
            the same meaning given that term in section 2339B(g)(4)
            of this title; and
              (14) the term ``state'' has the same meaning as that
            term has under international law, and includes all
            political subdivisions thereof.
      (f) Civil Penalty.--In addition to any other criminal, civil,
    or administrative liability or penalty, any legal entity
    located within the United States or organized under the laws of
    the United States, including any of the laws of its States,
    districts, commonwealths, territories, or possessions, shall be
    liable to the United States for the sum of at least $10,000, if
    a person responsible for the management or control of that
    legal entity has, in that capacity, committed an offense set
    forth in subsection (a).

    Sec. 2339D. Receiving military-type training from a foreign terrorist
                        organization

      (a) Offense.--Whoever knowingly receives military-type
    training from or on behalf of any organization designated at
    the time of the training by the Secretary of State under
    section 219(a)(1) of the Immigration and Nationality Act as a
    foreign terrorist organization shall be fined under this title
    or imprisoned for ten years, or both. To violate this
    subsection, a person must have knowledge that the organization
    is a designated terrorist organization (as defined in
    subsection (c)(4)), that the organization has engaged or
    engages in terrorist activity (as defined in section 212 of the
    Immigration and Nationality Act), or that the organization has
    engaged or engages in terrorism (as defined in section
    140(d)(2) of the Foreign Relations Authorization Act, Fiscal
    Years 1988 and 1989).
      (b) Extraterritorial Jurisdiction.--There is extraterritorial
    Federal jurisdiction over an offense under this section. There
    is jurisdiction over an offense under subsection (a) if--
              (1) an offender is a national of the United States
            (as defined in 101(a)(22) of the Immigration and
            Nationality Act) or an alien lawfully admitted for
            permanent residence in the United States (as defined in
            section 101(a)(20) of the Immigration and Nationality
            Act);
              (2) an offender is a stateless person whose habitual
            residence is in the United States;
              (3) after the conduct required for the offense occurs
            an offender is brought into or found in the United
            States, even if the conduct required for the offense
            occurs outside the United States;
              (4) the offense occurs in whole or in part within the
            United States;
              (5) the offense occurs in or affects interstate or
            foreign commerce; or
              (6) an offender aids or abets any person over whom
            jurisdiction exists under this paragraph in committing
            an offense under subsection (a) or conspires with any
            person over whom jurisdiction exists under this
            paragraph to commit an offense under subsection (a).
      (c) Definitions.--As used in this section--
              (1) the term ``military-type training'' includes
            training in means or methods that can cause death or
            serious bodily injury, destroy or damage property, or
            disrupt services to critical infrastructure, or
            training on the use, storage, production, or assembly
            of any explosive, firearm or other weapon, including
            any weapon of mass destruction (as defined in section
            2232a(c)(2));
              [(2) the term ``serious bodily injury'' has the
            meaning given that term in section 1365(h)(3);]
              (3) the term ``critical infrastructure'' means
            systems and assets vital to national defense, national
            security, economic security, public health or safety
            including both regional and national infrastructure.
            Critical infrastructure may be publicly or privately
            owned; examples of critical infrastructure include gas
            and oil production, storage, or delivery systems, water
            supply systems, telecommunications networks, electrical
            power generation or delivery systems, financing and
            banking systems, emergency services (including medical,
            police, fire, and rescue services), and transportation
            systems and services (including highways, mass transit,
            airlines, and airports); and
              (4) the term ``foreign terrorist organization'' means
            an organization designated as a terrorist organization
            under section 219(a)(1) of the Immigration and
            Nationality Act.

               *       *       *       *       *       *       *

    CHAPTER 114--TRAFFICKING IN CONTRABAND CIGARETTES AND SMOKELESS TOBACCO

    Sec. 2341. Definitions

      As used in this chapter--
              (1) the term ``cigarette'' means--
                      (A) any roll of tobacco wrapped in paper or
                    in any substance not containing tobacco; and
                      (B) any roll of tobacco wrapped in any
                    substance containing tobacco which, because of
                    its appearance, the type of tobacco used in the
                    filler, or its packaging and labeling, is
                    likely to be offered to, or purchased by,
                    consumers as a cigarette described in
                    subparagraph (A);
              (2) the term ``contraband cigarettes'' means a
            quantity in excess of 10,000 cigarettes, which bear no
            evidence of the payment of applicable State or local
            cigarette taxes in the State or locality where such
            cigarettes are found, if the State or local government
            requires a stamp, impression, or other indication to be
            placed on packages or other containers of cigarettes to
            evidence payment of cigarette taxes, and which are in
            the possession of any person other than--
                      (A) a person holding a permit issued pursuant
                    to chapter 52 of the Internal Revenue Code of
                    1986 as a manufacturer of tobacco products or
                    as an export warehouse proprietor, or a person
                    operating a customs bonded warehouse pursuant
                    to section 311 or 555 of the Tariff Act of 1930
                    (19 U.S.C. 1311 or 1555) or an agent of such
                    person;
                      (B) a common or contract carrier transporting
                    the cigarettes involved under a proper bill of
                    lading or freight bill which states the
                    quantity, source, and destination of such
                    cigarettes;
                      (C) a person--
                              (i) who is licensed or otherwise
                            authorized by the State where the
                            cigarettes are found to account for and
                            pay cigarette taxes imposed by such
                            State; and
                              (ii) who has complied with the
                            accounting and payment requirements
                            relating to such license or
                            authorization with respect to the
                            cigarettes involved; or
                      (D) an officer, employee, or other agent of
                    the United States or a State, or any
                    department, agency, or instrumentality of the
                    United States or a State (including any
                    political subdivision of a State) having
                    possession of such cigarettes in connection
                    with the performance of official duties;
              (3) the term ``common or contract carrier'' means a
            carrier holding a certificate of convenience and
            necessity, a permit for contract carrier by motor
            vehicle, or other valid operating authority under
            subtitle IV of title 49, or under equivalent operating
            authority from a regulatory agency of the United States
            or of any State;
              [(4) the term ``State'' means a State of the United
            States, the District of Columbia, the Commonwealth of
            Puerto Rico, or the Virgin Islands;]
              (5) the term ``Attorney General'' means the Attorney
            General of the United States;
              (6) the term ``smokeless tobacco'' means any finely
            cut, ground, powdered, or leaf tobacco that is intended
            to be placed in the oral or nasal cavity or otherwise
            consumed without being combusted;
              (7) the term ``contraband smokeless tobacco'' means a
            quantity in excess of 500 single-unit consumer-sized
            cans or packages of smokeless tobacco, or their
            equivalent, that are in the possession of any person
            other than--
                      (A) a person holding a permit issued pursuant
                    to chapter 52 of the Internal Revenue Code of
                    1986 as manufacturer of tobacco products or as
                    an export warehouse proprietor, a person
                    operating a customs bonded warehouse pursuant
                    to section 311 or 555 of the Tariff Act of 1930
                    (19 U.S.C. 1311, 1555), or an agent of such
                    person;
                      (B) a common carrier transporting such
                    smokeless tobacco under a proper bill of lading
                    or freight bill which states the quantity,
                    source, and designation of such smokeless
                    tobacco;
                      (C) a person who--
                              (i) is licensed or otherwise
                            authorized by the State where such
                            smokeless tobacco is found to engage in
                            the business of selling or distributing
                            tobacco products; and
                              (ii) has complied with the
                            accounting, tax, and payment
                            requirements relating to such license
                            or authorization with respect to such
                            smokeless tobacco; or
                      (D) an officer, employee, or agent of the
                    United States or a State, or any department,
                    agency, or instrumentality of the United States
                    or a State (including any political subdivision
                    of a State), having possession of such
                    smokeless tobacco in connection with the
                    performance of official duties;

               *       *       *       *       *       *       *

    CHAPTER 115--TREASON, SEDITION, AND SUBVERSIVE ACTIVITIES

               *       *       *       *       *       *       *

    Sec. 2384. Seditious conspiracy

      If two or more persons in any State [or Territory], or in any
    place subject to the jurisdiction of the United States,
    conspire to overthrow, put down, or to destroy by force the
    Government of the United States, or to levy war against them,
    or to oppose by force the authority thereof, or by force to
    prevent, hinder, or delay the execution of any law of the
    United States, or by force to seize, take, or possess any
    property of the United States contrary to the authority
    thereof, they shall each be fined under this title or
    imprisoned not more than twenty years, or both.

    Sec. 2385. Advocating overthrow of Government

      Whoever knowingly or willfully advocates, abets, advises, or
    teaches the duty, necessity, desirability, or propriety of
    overthrowing or destroying the government of the United States
    or the government of any State[, Territory, District or
    Possession thereof,] or the government of any political
    subdivision therein, by force or violence, or by the
    assassination of any officer of any such government; or
      Whoever, with intent to cause the overthrow or destruction of
    any such government, prints, publishes, edits, issues,
    circulates, sells, distributes, or publicly displays any
    written or printed matter advocating, advising, or teaching the
    duty, necessity, desirability, or propriety of overthrowing or
    destroying any government in the United States by force or
    violence, or attempts to do so; or
      Whoever organizes or helps or attempts to organize any
    society, group, or assembly of persons who teach, advocate, or
    encourage the overthrow or destruction of any such government
    by force or violence; or becomes or is a member of, or
    affiliates with, any such society, group, or assembly of
    persons, knowing the purposes thereof--
      Shall be fined under this title or imprisoned not more than
    twenty years, or both, and shall be ineligible for employment
    by the United States or any department or agency thereof, for
    the five years next following his conviction.
      If two or more persons conspire to commit any offense named
    in this section, each shall be fined under this title or
    imprisoned not more than twenty years, or both, and shall be
    ineligible for employment by the United States or any
    department or agency thereof, for the five years next following
    his conviction.
      As used in this section, the terms ``organizes'' and
    ``organize'', with respect to any society, group, or assembly
    of persons, include the recruiting of new members, the forming
    of new units, and the regrouping or expansion of existing
    clubs, classes, and other units of such society, group, or
    assembly of persons.

    Sec. 2386. Registration of certain organizations

      (A) For the purposes of this section:
              ``Attorney General'' means the Attorney General of
            the United States;
              ``Organization'' means any group, club, league,
            society, committee, association, political party, or
            combination of individuals, whether incorporated or
            otherwise, but such term shall not include any
            corporation, association, community chest, fund, or
            foundation, organized and operated exclusively for
            religious, charitable, scientific, literary, or
            educational purposes;
              ``Political activity'' means any activity the purpose
            or aim of which, or one of the purposes or aims of
            which, is the control by force or overthrow of the
            Government of the United States or a political
            subdivision thereof, or any State or political
            subdivision thereof;
              An organization is engaged in ``civilian military
            activity'' if:
              (1) it gives instruction to, or prescribes
            instruction for, its members in the use of firearms or
            other weapons or any substitute therefor, or military
            or naval science; or
              (2) it receives from any other organization or from
            any individual instruction in military or naval
            science; or
              (3) it engages in any military or naval maneuvers or
            activities; or
              (4) it engages, either with or without arms, in
            drills or parades of a military or naval character; or
              (5) it engages in any other form of organized
            activity which in the opinion of the Attorney General
            constitutes preparation for military action;
      An organization is ``subject to foreign control'' if:
              (a) it solicits or accepts financial contributions,
            loans, or support of any kind, directly or indirectly,
            from, or is affiliated directly or indirectly with, a
            foreign government or a political subdivision thereof,
            or an agent, agency, or instrumentality of a foreign
            government or political subdivision thereof, or a
            political party in a foreign country, or an
            international political organization; or
              (b) its policies, or any of them, are determined by
            or at the suggestion of, or in collaboration with, a
            foreign government or political subdivision thereof, or
            an agent, agency, or instrumentality of a foreign
            government or a political subdivision thereof, or a
            political party in a foreign country, or an
            international political organization.
      (B)(1) The following organizations shall be required to
    register with the Attorney General:
      Every organization subject to foreign control which engages
    in political activity;
      Every organization which engages both in civilian military
    activity and in political activity;
      Every organization subject to foreign control which engages
    in civilian military activity; and
      Every organization, the purpose or aim of which, or one of
    the purposes or aims of which, is the establishment, control,
    conduct, seizure, or overthrow of a government or subdivision
    thereof by the use of force, violence, military measures, or
    threats of any one or more of the foregoing.
      Every such organization shall register by filing with the
    Attorney General, on such forms and in such detail as the
    Attorney General may by rules and regulations prescribe, a
    registration statement containing the information and documents
    prescribed in subsection (B)(3) and shall within thirty days
    after the expiration of each period of six months succeeding
    the filing of such registration statement, file with the
    Attorney General, on such forms and in such detail as the
    Attorney General may by rules and regulations prescribe, a
    supplemental statement containing such information and
    documents as may be necessary to make the information and
    documents previously filed under this section accurate and
    current with respect to such preceding six months' period.
    Every statement required to be filed by this section shall be
    subscribed, under oath, by all of the officers of the
    organization.
      (2) This section shall not require registration or the filing
    of any statement with the Attorney General by:
      (a) The armed forces of the United States; or
      (b) The organized militia or National Guard of any State,
    Territory, District, or possession of the United States; or
      (c) Any law-enforcement agency of the United States or of any
    Territory, District or possession thereof, or of any State or
    political subdivision of a State, or of any agency or
    instrumentality of one or more States; or
      (d) Any duly established diplomatic mission or consular
    office of a foreign government which is so recognized by the
    Department of State; or
      (e) Any nationally recognized organization of persons who are
    veterans of the armed forces of the United States, or
    affiliates of such organizations.
      (3) Every registration statement required to be filed by any
    organization shall contain the following information and
    documents:
      (a) The name and post-office address of the organization in
    the United States, and the names and addresses of all branches,
    chapters, and affiliates of such organization;
      (b) The name, address, and nationality of each officer, and
    of each person who performs the functions of an officer, of the
    organization, and of each branch, chapter, and affiliate of the
    organization;
      (c) The qualifications for membership in the organization;
      (d) The existing and proposed aims and purposes of the
    organization, and all the means by which these aims or purposes
    are being attained or are to be attained;
      (e) The address or addresses of meeting places of the
    organization, and of each branch, chapter, or affiliate of the
    organization, and the times of meetings;
      (f) The name and address of each person who has contributed
    any money, dues, property, or other thing of value to the
    organization or to any branch, chapter, or affiliate of the
    organization;
      (g) A detailed statement of the assets of the organization,
    and of each branch, chapter, and affiliate of the organization,
    the manner in which such assets were acquired, and a detailed
    statement of the liabilities and income of the organization and
    of each branch, chapter, and affiliate of the organization;
      (h) A detailed description of the activities of the
    organization, and of each chapter, branch, and affiliate of the
    organization;
      (i) A description of the uniforms, badges, insignia, or other
    means of identification prescribed by the organization, and
    worn or carried by its officers or members, or any of such
    officers or members;
      (j) A copy of each book, pamphlet, leaflet, or other
    publication or item of written, printed, or graphic matter
    issued or distributed directly or indirectly by the
    organization, or by any chapter, branch, or affiliate of the
    organization, or by any of the members of the organization
    under its authority or within its knowledge, together with the
    name of its author or authors and the name and address of the
    publisher;
      (k) A description of all firearms or other weapons owned by
    the organization, or by any chapter, branch, or affiliate of
    the organization, identified by the manufacturer's number
    thereon;
      (l) In case the organization is subject to foreign control,
    the manner in which it is so subject;
      (m) A copy of the charter, articles of association,
    constitution, bylaws, rules, regulations, agreements,
    resolutions, and all other instruments relating to the
    organization, powers, and purposes of the organization and to
    the powers of the officers of the organization and of each
    chapter, branch, and affiliate of the organization; and
      (n) Such other information and documents pertinent to the
    purposes of this section as the Attorney General may from time
    to time require.
      All statements filed under this section shall be public
    records and open to public examination and inspection at all
    reasonable hours under such rules and regulations as the
    Attorney General may prescribe.
      (C) The Attorney General is authorized at any time to make,
    amend, and rescind such rules and regulations as may be
    necessary to carry out this section, including rules and
    regulations governing the statements required to be filed.
      (D) Whoever violates any of the provisions of this section
    shall be fined under this title or imprisoned not more than
    five years, or both.
      Whoever in a statement filed pursuant to this section
    willfully makes any false statement or willfully omits to state
    any fact which is required to be stated, or which is necessary
    to make the statements made not misleading, shall be fined
    under this title or imprisoned not more than five years, or
    both.

               *       *       *       *       *       *       *

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

               *       *       *       *       *       *       *

    Sec. 2426. Repeat offenders

      (a) Maximum Term of Imprisonment.--The maximum term of
    imprisonment for a violation of this chapter after a prior sex
    offense conviction shall be twice the term of imprisonment
    otherwise provided by this chapter, unless section 3559(e)
    applies.
      (b) Definitions.--In this section--
              (1) the term ``prior sex offense conviction'' means a
            conviction for an offense--
                      (A) under this chapter, chapter 109A, chapter
                    110, or section 1591; or
                      (B) under State law for an offense consisting
                    of conduct that would have been an offense
                    under a chapter referred to in paragraph (1) if
                    the conduct had occurred within the special
                    maritime and territorial jurisdiction of the
                    United States[; and]
              [(2) the term ``State'' means a State of the United
            States, the District of Columbia, and any commonwealth,
            territory, or possession of the United States.]

               *       *       *       *       *       *       *

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

    Sec. 2510. Definitions

      As used in this chapter--
              (1) ``wire communication'' means any aural transfer
            made in whole or in part through the use of facilities
            for the transmission of communications by the aid of
            wire, cable, or other like connection between the point
            of origin and the point of reception (including the use
            of such connection in a switching station) furnished or
            operated by any person engaged in providing or
            operating such facilities for the transmission of
            interstate or foreign communications or communications
            affecting interstate or foreign commerce;
              (2) ``oral communication'' means any oral
            communication uttered by a person exhibiting an
            expectation that such communication is not subject to
            interception under circumstances justifying such
            expectation, but such term does not include any
            electronic communication;
              [(3) ``State'' means any State of the United States,
            the District of Columbia, the Commonwealth of Puerto
            Rico, and any territory or possession of the United
            States;]
              (4) ``intercept'' means the aural or other
            acquisition of the contents of any wire, electronic, or
            oral communication through the use of any electronic,
            mechanical, or other device.
              (5) ``electronic, mechanical, or other device'' means
            any device or apparatus which can be used to intercept
            a wire, oral, or electronic communication other than--
                      (a) any telephone or telegraph instrument,
                    equipment or facility, or any component
                    thereof, (i) furnished to the subscriber or
                    user by a provider of wire or electronic
                    communication service in the ordinary course of
                    its business and being used by the subscriber
                    or user in the ordinary course of its business
                    or furnished by such subscriber or user for
                    connection to the facilities of such service
                    and used in the ordinary course of its
                    business; or (ii) being used by a provider of
                    wire or electronic communication service in the
                    ordinary course of its business, or by an
                    investigative or law enforcement officer in the
                    ordinary course of his duties;
                      (b) a hearing aid or similar device being
                    used to correct subnormal hearing to not better
                    than normal;
              (6) ``person'' means any employee, or agent of the
            United States or any State or political subdivision
            thereof, and any individual, partnership, association,
            joint stock company, trust, or corporation;
              (7) ``Investigative or law enforcement officer''
            means any officer of the United States or of a State or
            political subdivision thereof, who is empowered by law
            to conduct investigations of or to make arrests for
            offenses enumerated in this chapter, and any attorney
            authorized by law to prosecute or participate in the
            prosecution of such offenses;
              (8) ``contents'', when used with respect to any wire,
            oral, or electronic communication, includes any
            information concerning the substance, purport, or
            meaning of that communication;
              (9) ``Judge of competent jurisdiction'' means--
                      (a) a judge of a United States district court
                    or a United States court of appeals; and
                      (b) a judge of any court of general criminal
                    jurisdiction of a State who is authorized by a
                    statute of that State to enter orders
                    authorizing interceptions of wire, oral, or
                    electronic communications;
              (10) ``communication common carrier'' has the meaning
            given that term in section 3 of the Communications Act
            of 1934;
              (11) ``aggrieved person'' means a person who was a
            party to any intercepted wire, oral, or electronic
            communication or a person against whom the interception
            was directed;
              (12) ``electronic communication'' means any transfer
            of signs, signals, writing, images, sounds, data, or
            intelligence of any nature transmitted in whole or in
            part by a wire, radio, electromagnetic, photoelectronic
            or photooptical system that affects interstate or
            foreign commerce, but does not include--
                      (A) any wire or oral communication;
                      (B) any communication made through a tone-
                    only paging device;
                      (C) any communication from a tracking device
                    (as defined in section 3117 of this title); or
                      (D) electronic funds transfer information
                    stored by a financial institution in a
                    communications system used for the electronic
                    storage and transfer of funds;
              (13) ``user'' means any person or entity who--
                      (A) uses an electronic communication service;
                    and
                      (B) is duly authorized by the provider of
                    such service to engage in such use;
              (14) ``electronic communications system'' means any
            wire, radio, electromagnetic, photooptical or
            photoelectronic facilities for the transmission of wire
            or electronic communications, and any computer
            facilities or related electronic equipment for the
            electronic storage of such communications;
              (15) ``electronic communication service'' means any
            service which provides to users thereof the ability to
            send or receive wire or electronic communications;
              (16) ``readily accessible to the general public''
            means, with respect to a radio communication, that such
            communication is not--
                      (A) scrambled or encrypted;
                      (B) transmitted using modulation techniques
                    whose essential parameters have been withheld
                    from the public with the intention of
                    preserving the privacy of such communication;
                      (C) carried on a subcarrier or other signal
                    subsidiary to a radio transmission;
                      (D) transmitted over a communication system
                    provided by a common carrier, unless the
                    communication is a tone only paging system
                    communication; or
                      (E) transmitted on frequencies allocated
                    under part 25, subpart D, E, or F of part 74,
                    or part 94 of the Rules of the Federal
                    Communications Commission, unless, in the case
                    of a communication transmitted on a frequency
                    allocated under part 74 that is not exclusively
                    allocated to broadcast auxiliary services, the
                    communication is a two-way voice communication
                    by radio;
              (17) ``electronic storage'' means--
                      (A) any temporary, intermediate storage of a
                    wire or electronic communication incidental to
                    the electronic transmission thereof; and
                      (B) any storage of such communication by an
                    electronic communication service for purposes
                    of backup protection of such communication;
              (18) ``aural transfer'' means a transfer containing
            the human voice at any point between and including the
            point of origin and the point of reception;
              (19) ``foreign intelligence information'', for
            purposes of section 2517(6) of this title, means--
                      (A) information, whether or not concerning a
                    United States person, that relates to the
                    ability of the United States to protect
                    against--
                              (i) actual or potential attack or
                            other grave hostile acts of a foreign
                            power or an agent of a foreign power;
                              (ii) sabotage or international
                            terrorism by a foreign power or an
                            agent of a foreign power; or
                              (iii) clandestine intelligence
                            activities by an intelligence service
                            or network of a foreign power or by an
                            agent of a foreign power; or
                      (B) information, whether or not concerning a
                    United States person, with respect to a foreign
                    power or foreign territory that relates to--
                              (i) the national defense or the
                            security of the United States; or
                              (ii) the conduct of the foreign
                            affairs of the United States;
              (20) ``protected computer'' has the meaning set forth
            in section 1030; and
              (21) ``computer trespasser''--
                      (A) means a person who accesses a protected
                    computer without authorization and thus has no
                    reasonable expectation of privacy in any
                    communication transmitted to, through, or from
                    the protected computer; and
                      (B) does not include a person known by the
                    owner or operator of the protected computer to
                    have an existing contractual relationship with
                    the owner or operator of the protected computer
                    for access to all or part of the protected
                    computer.

               *       *       *       *       *       *       *

    PART II--CRIMINAL PROCEDURE

               *       *       *       *       *       *       *

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

               *       *       *       *       *       *       *

    Sec. 3077. Definitions

      As used in this chapter, the term--
              (1) ``act of terrorism'' means an act of domestic or
            international terrorism as defined in section 2331;
              (2) ``United States person'' means--
                      (A) a national of the United States as
                    defined in section 101(a)(22) of the
                    Immigration and Nationality Act (8 U.S.C.
                    1101(a)(22));
                      (B) an alien lawfully admitted for permanent
                    residence in the United States as defined in
                    section 101(a)(20) of the Immigration and
                    Nationality Act (8 U.S.C. 1101(a)(20));
                      (C) any person within the United States;
                      (D) any employee or contractor of the United
                    States Government, regardless of nationality,
                    who is the victim or intended victim of an act
                    of terrorism by virtue of that employment;
                      (E) a sole proprietorship, partnership,
                    company, or association composed principally of
                    nationals or permanent resident aliens of the
                    United States; and
                      (F) a corporation organized under the laws of
                    the United States, any State, the District of
                    Columbia, or any territory or possession of the
                    United States, and a foreign subsidiary of such
                    corporation;
              (3) ``United States property'' means any real or
            personal property which is within the United States or,
            if outside the United States, the actual or beneficial
            ownership of which rests in a United States person or
            any Federal or State governmental entity of the United
            States;
              (4) ``United States'', when used in a geographical
            sense, includes Puerto Rico and all territories and
            possessions of the United States;
              [(5) ``State'' includes any State of the United
            States, the District of Columbia, the Commonwealth of
            Puerto Rico, and any other possession or territory of
            the United States;]
              (6) ``government entity'' includes the Government of
            the United States, any State or political subdivision
            thereof, any foreign country, and any state,
            provincial, municipal, or other political subdivision
            of a foreign country;
              (7) ``Attorney General'' means the Attorney General
            of the United States or that official designated by the
            Attorney General to perform the Attorney General's
            responsibilities under this chapter; and
              (8) ``act of espionage'' means an activity that is a
            violation of--
                      (A) section 793, 794, or 798 of this title;
                    or
                      (B) section 4 of the Subversive Activities
                    Control Act of 1950.

               *       *       *       *       *       *       *

    CHAPTER 206--PEN REGISTERS AND TRAP AND TRACE DEVICES

               *       *       *       *       *       *       *

    Sec. 3127. Definitions for chapter

      As used in this chapter--
              (1) the terms ``wire communication'', ``electronic
            communication'', ``electronic communication service'',
            and ``contents'' have the meanings set forth for such
            terms in section 2510 of this title;
              (2) the term ``court of competent jurisdiction''
            means--
                      (A) any district court of the United States
                    (including a magistrate judge of such a court)
                    or any United States court of appeals that--
                              (i) has jurisdiction over the offense
                            being investigated;
                              (ii) is in or for a district in which
                            the provider of a wire or electronic
                            communication service is located;
                              (iii) is in or for a district in
                            which a landlord, custodian, or other
                            person subject to subsections (a) or
                            (b) of section 3124 of this title is
                            located; or
                              (iv) is acting on a request for
                            foreign assistance pursuant to section
                            3512 of this title; or
                      (B) a court of general criminal jurisdiction
                    of a State authorized by the law of that State
                    to enter orders authorizing the use of a pen
                    register or a trap and trace device;
              (3) the term ``pen register'' means a device or
            process which records or decodes dialing, routing,
            addressing, or signaling information transmitted by an
            instrument or facility from which a wire or electronic
            communication is transmitted, provided, however, that
            such information shall not include the contents of any
            communication, but such term does not include any
            device or process used by a provider or customer of a
            wire or electronic communication service for billing,
            or recording as an incident to billing, for
            communications services provided by such provider or
            any device or process used by a provider or customer of
            a wire communication service for cost accounting or
            other like purposes in the ordinary course of its
            business;
              (4) the term ``trap and trace device'' means a device
            or process which captures the incoming electronic or
            other impulses which identify the originating number or
            other dialing, routing, addressing, and signaling
            information reasonably likely to identify the source of
            a wire or electronic communication, provided, however,
            that such information shall not include the contents of
            any communication; and
              (5) the term ``attorney for the Government'' has the
            meaning given such term for the purposes of the Federal
            Rules of Criminal Procedure[; and].
              [(6) the term ``State'' means a State, the District
            of Columbia, Puerto Rico, and any other possession or
            territory of the United States.]

               *       *       *       *       *       *       *

    CHAPTER 207--RELEASE AND DETENTION PENDING JUDICIAL PROCEEDINGS

               *       *       *       *       *       *       *

    Sec. 3156. Definitions

      (a) As used in sections 3141-3150 of this chapter--
              (1) the term ``judicial officer'' means, unless
            otherwise indicated, any person or court authorized
            pursuant to section 3041 of this title, or the Federal
            Rules of Criminal Procedure, to detain or release a
            person before trial or sentencing or pending appeal in
            a court of the United States, and any judge of the
            Superior Court of the District of Columbia;
              (2) the term ``offense'' means any criminal offense,
            other than an offense triable by court-martial,
            military commission, provost court, or other military
            tribunal, which is in violation of an Act of Congress
            and is triable in any court established by Act of
            Congress;
              (3) the term ``felony'' means an offense punishable
            by a maximum term of imprisonment of more than one
            year; and
              (4) the term ``crime of violence'' means--
                      (A) an offense that has as an element of the
                    offense the use, attempted use, or threatened
                    use of physical force against the person or
                    property of another;
                      (B) any other offense that is a felony and
                    that, by its nature, involves a substantial
                    risk that physical force against the person or
                    property of another may be used in the course
                    of committing the offense; or
                      (C) any felony under chapter 77, 109A, 110,
                    or 117[; and].
              [(5) the term ``State'' includes a State of the
            United States, the District of Columbia, and any
            commonwealth, territory, or possession of the United
            States.]
      (b) As used in sections 3152-3155 of this chapter--
              (1) the term ``judicial officer'' means, unless
            otherwise indicated, any person or court authorized
            pursuant to section 3041 of this title, or the Federal
            Rules of Criminal Procedure, to detain or release a
            person before trial or sentencing or pending appeal in
            a court of the United States, and
              (2) the term ``offense'' means any Federal criminal
            offense which is in violation of any Act of Congress
            and is triable by any court established by Act of
            Congress (other than a Class B or C misdemeanor or an
            infraction, or an offense triable by court-martial,
            military commission, provost court, or other military
            tribunal).

               *       *       *       *       *       *       *

                            CHAPTER 209--EXTRADITION

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

               *       *       *       *       *       *       *

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

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

    Sec. 3183. Fugitives from State[, Territory, or Possession] into
                        extraterritorial jurisdiction of United States

      Whenever the executive authority of any State[, Territory,
    District, or possession of the United States] demands any
    American citizen or national as a fugitive from justice who has
    fled to a country in which the United States exercises
    extraterritorial jurisdiction, and produces a copy of an
    indictment found or an affidavit made before a magistrate of
    the demanding jurisdiction, charging the fugitive so demanded
    with having committed treason, felony, or other offense,
    certified as authentic by the Governor or chief magistrate of
    such demanding jurisdiction, or other person authorized to act,
    the officer or representative of the United States vested with
    judicial authority to whom the demand has been made shall cause
    such fugitive to be arrested and secured, and notify the
    executive authorities making such demand, or the agent of such
    authority appointed to receive the fugitive, and shall cause
    the fugitive to be delivered to such agent when he shall
    appear.
      If no such agent shall appear within three months from the
    time of the arrest, the prisoner may be discharged.
      The agent who receives the fugitive into his custody shall be
    empowered to transport him to the jurisdiction from which he
    has fled.

               *       *       *       *       *       *       *

    Sec. 3194. Transportation of fugitive by receiving agent

      Any agent appointed as provided in section 3182 of this title
    who receives the fugitive into his custody is empowered to
    transport him to the State [or Territory] from which he has
    fled.

               *       *       *       *       *       *       *

                      CHAPTER 223--WITNESSES AND EVIDENCE

    Sec. 3481. Competency of accused

      In trial of all persons charged with the commission of
    offenses against the United States and in all proceedings in
    courts martial and courts of inquiry in any State[, District,
    Possession or Territory], the person charged shall, at his own
    request, be a competent witness. His failure to make such
    request shall not create any presumption against him.

                      CHAPTER 224--PROTECTION OF WITNESSES

    Sec.
    3521. Witness relocation and protection.
         * * * * * * *
    [3528. Definition.]

               *       *       *       *       *       *       *

    [Sec. 3528. Definition

      [For purposes of this chapter, the term ``State'' means each
    of the several States, the District of Columbia, the
    Commonwealth of Puerto Rico, and any territory or possession of
    the United States.]

               *       *       *       *       *       *       *

                             CHAPTER 227--SENTENCES

    SUBCHAPTER A--GENERAL PROVISIONS

               *       *       *       *       *       *       *

    Sec. 3559. Sentencing classification of offenses

      (a) Classification.--An offense that is not specifically
    classified by a letter grade in the section defining it, is
    classified if the maximum term of imprisonment authorized is--
              (1) life imprisonment, or if the maximum penalty is
            death, as a Class A felony;
              (2) twenty-five years or more, as a Class B felony;
              (3) less than twenty-five years but ten or more
            years, as a Class C felony;
              (4) less than ten years but five or more years, as a
            Class D felony;
              (5) less than five years but more than one year, as a
            Class E felony;
              (6) one year or less but more than six months, as a
            Class A misdemeanor;
              (7) six months or less but more than thirty days, as
            a Class B misdemeanor;
              (8) thirty days or less but more than five days, as a
            Class C misdemeanor; or
              (9) five days or less, or if no imprisonment is
            authorized, as an infraction.
      (b) Effect of Classification.--Except as provided in
    subsection (c), an offense classified under subsection (a)
    carries all the incidents assigned to the applicable letter
    designation, except that the maximum term of imprisonment is
    the term authorized by the law describing the offense.
      (c) Imprisonment of Certain Violent Felons.--
              (1) Mandatory life imprisonment.--Notwithstanding any
            other provision of law, a person who is convicted in a
            court of the United States of a serious violent felony
            shall be sentenced to life imprisonment if--
                      (A) the person has been convicted (and those
                    convictions have become final) on separate
                    prior occasions in a court of the United States
                    or of a State of--
                              (i) 2 or more serious violent
                            felonies; or
                              (ii) one or more serious violent
                            felonies and one or more serious drug
                            offenses; and
                      (B) each serious violent felony or serious
                    drug offense used as a basis for sentencing
                    under this subsection, other than the first,
                    was committed after the defendant's conviction
                    of the preceding serious violent felony or
                    serious drug offense.
              (2) Definitions.--For purposes of this subsection--
                      (A) the term ``assault with intent to commit
                    rape'' means an offense that has as its
                    elements engaging in physical contact with
                    another person or using or brandishing a weapon
                    against another person with intent to commit
                    aggravated sexual abuse or sexual abuse (as
                    described in sections 2241 and 2242);
                      (B) the term ``arson'' means an offense that
                    has as its elements maliciously damaging or
                    destroying any building, inhabited structure,
                    vehicle, vessel, or real property by means of
                    fire or an explosive;
                      (C) the term ``extortion'' means an offense
                    that has as its elements the extraction of
                    anything of value from another person by
                    threatening or placing that person in fear of
                    injury to any person or kidnapping of any
                    person;
                      (D) the term ``firearms use'' means an
                    offense that has as its elements those
                    described in section 924(c) or 929(a), if the
                    firearm was brandished, discharged, or
                    otherwise used as a weapon and the crime of
                    violence or drug trafficking crime during and
                    relation to which the firearm was used was
                    subject to prosecution in a court of the United
                    States or a court of a State, or both;
                      (E) the term ``kidnapping'' means an offense
                    that has as its elements the abduction,
                    restraining, confining, or carrying away of
                    another person by force or threat of force;
                      (F) the term ``serious violent felony''
                    means--
                              (i) a Federal or State offense, by
                            whatever designation and wherever
                            committed, consisting of murder (as
                            described in section 1111);
                            manslaughter other than involuntary
                            manslaughter (as described in section
                            1112); assault with intent to commit
                            murder (as described in section
                            113(a)); assault with intent to commit
                            rape; aggravated sexual abuse and
                            sexual abuse (as described in sections
                            2241 and 2242); abusive sexual contact
                            (as described in sections 2244(a)(1)
                            and (a)(2)); kidnapping; aircraft
                            piracy (as described in section 46502
                            of Title 49); robbery (as described in
                            section 2111, 2113, or 2118);
                            carjacking (as described in section
                            2119); extortion; arson; firearms use;
                            firearms possession (as described in
                            section 924(c)); or attempt,
                            conspiracy, or solicitation to commit
                            any of the above offenses; and
                              (ii) any other offense punishable by
                            a maximum term of imprisonment of 10
                            years or more that has as an element
                            the use, attempted use, or threatened
                            use of physical force against the
                            person of another or that, by its
                            nature, involves a substantial risk
                            that physical force against the person
                            of another may be used in the course of
                            committing the offense; and
                      [(G) the term ``State'' means a State of the
                    United States, the District of Columbia, and a
                    commonwealth, territory, or possession of the
                    United States; and]
                      (H) the term ``serious drug offense'' means--
                              (i) an offense that is punishable
                            under section 401(b)(1)(A) or 408 of
                            the Controlled Substances Act (21
                            U.S.C. 841(b)(1)(A), 848) or section
                            1010(b)(1)(A) of the Controlled
                            Substances Import and Export Act (21
                            U.S.C. 960(b)(1)(A)); or
                              (ii) an offense under State law that,
                            had the offense been prosecuted in a
                            court of the United States, would have
                            been punishable under section
                            401(b)(1)(A) or 408 of the Controlled
                            Substances Act (21 U.S.C. 841(b)(1)(A),
                            848) or section 1010(b)(1)(A) of the
                            Controlled Substances Import and Export
                            Act (21 U.S.C. 960(b)(1)(A)).
              (3) Nonqualifying felonies.--
                      (A) Robbery in certain cases.--Robbery, an
                    attempt, conspiracy, or solicitation to commit
                    robbery; or an offense described in paragraph
                    (2)(F)(ii) shall not serve as a basis for
                    sentencing under this subsection if the
                    defendant establishes by clear and convincing
                    evidence that--
                              (i) no firearm or other dangerous
                            weapon was used in the offense and no
                            threat of use of a firearm or other
                            dangerous weapon was involved in the
                            offense; and
                              (ii) the offense did not result in
                            death or serious bodily injury [(as
                            defined in section 1365)] to any
                            person.
                      (B) Arson in certain cases.--Arson shall not
                    serve as a basis for sentencing under this
                    subsection if the defendant establishes by
                    clear and convincing evidence that--
                              (i) the offense posed no threat to
                            human life; and
                              (ii) the defendant reasonably
                            believed the offense posed no threat to
                            human life.
              (4) Information filed by United States Attorney.--The
            provisions of section 411(a) of the Controlled
            Substances Act (21 U.S.C. 851(a)) shall apply to the
            imposition of sentence under this subsection.
              (5) Rule of construction.--This subsection shall not
            be construed to preclude imposition of the death
            penalty.
              (6) Special provision for Indian country.--No person
            subject to the criminal jurisdiction of an Indian
            tribal government shall be subject to this subsection
            for any offense for which Federal jurisdiction is
            solely predicated on Indian country (as defined in
            section 1151) and which occurs within the boundaries of
            such Indian country unless the governing body of the
            tribe has elected that this subsection have effect over
            land and persons subject to the criminal jurisdiction
            of the tribe.
              (7) Resentencing upon overturning of prior
            conviction.--If the conviction for a serious violent
            felony or serious drug offense that was a basis for
            sentencing under this subsection is found, pursuant to
            any appropriate State or Federal procedure, to be
            unconstitutional or is vitiated on the explicit basis
            of innocence, or if the convicted person is pardoned on
            the explicit basis of innocence, the person serving a
            sentence imposed under this subsection shall be
            resentenced to any sentence that was available at the
            time of the original sentencing.
      (d) Death or Imprisonment for Crimes Against Children.--
              (1) In general.--Subject to paragraph (2) and
            notwithstanding any other provision of law, a person
            who is convicted of a Federal offense that is a serious
            violent felony (as defined in subsection (c)) or a
            violation of section 2422, 2423, or 2251 shall, unless
            the sentence of death is imposed, be sentenced to
            imprisonment for life, if--
                      (A) the victim of the offense has not
                    attained the age of 14 years;
                      (B) the victim dies as a result of the
                    offense; and
                      (C) the defendant, in the course of the
                    offense, engages in conduct described in
                    section 3591(a)(2).
              (2) Exception.--With respect to a person convicted of
            a Federal offense described in paragraph (1), the court
            may impose any lesser sentence that is authorized by
            law to take into account any substantial assistance
            provided by the defendant in the investigation or
            prosecution of another person who has committed an
            offense, in accordance with the Federal Sentencing
            Guidelines and the policy statements of the Federal
            Sentencing Commission pursuant to section 994(p) of
            title 28, or for other good cause.
      (e) Mandatory Life Imprisonment for Repeated Sex Offenses
    Against Children.--
              (1) In general.--A person who is convicted of a
            Federal sex offense in which a minor is the victim
            shall be sentenced to life imprisonment if the person
            has a prior sex conviction in which a minor was the
            victim, unless the sentence of death is imposed.
              (2) Definitions.--For the purposes of this
            subsection--
                      (A) the term ``Federal sex offense'' means an
                    offense under section 1591 (relating to sex
                    trafficking of children), 2241 (relating to
                    aggravated sexual abuse), 2242 (relating to
                    sexual abuse), 2244(a)(1) (relating to abusive
                    sexual contact), 2245 (relating to sexual abuse
                    resulting in death), 2251 (relating to sexual
                    exploitation of children), 2251A (relating to
                    selling or buying of children), 2422(b)
                    (relating to coercion and enticement of a minor
                    into prostitution), or 2423(a) (relating to
                    transportation of minors);
                      (B) the term ``State sex offense'' means an
                    offense under State law that is punishable by
                    more than one year in prison and consists of
                    conduct that would be a Federal sex offense if,
                    to the extent or in the manner specified in the
                    applicable provision of this title--
                              (i) the offense involved interstate
                            or foreign commerce, or the use of the
                            mails; or
                              (ii) the conduct occurred in any
                            commonwealth, territory, or possession
                            of the United States, within the
                            special maritime and territorial
                            jurisdiction of the United States, in a
                            Federal prison, on any land or building
                            owned by, leased to, or otherwise used
                            by or under the control of the
                            Government of the United States, or in
                            the Indian country (as defined in
                            section 1151);
                      (C) the term ``prior sex conviction'' means a
                    conviction for which the sentence was imposed
                    before the conduct occurred constituting the
                    subsequent Federal sex offense, and which was
                    for a Federal sex offense or a State sex
                    offense; and
                      (D) the term ``minor'' means an individual
                    who has not attained the age of 17 years[;
                    and].
                      [(E) the term ``State'' has the meaning given
                    that term in subsection (c)(2).]
              (3) Nonqualifying Felonies.--An offense described in
            section 2422(b) or 2423(a) shall not serve as a basis
            for sentencing under this subsection if the defendant
            establishes by clear and convincing evidence that--
                      (A) the sexual act or activity was consensual
                    and not for the purpose of commercial or
                    pecuniary gain;
                      (B) the sexual act or activity would not be
                    punishable by more than one year in prison
                    under the law of the State in which it
                    occurred; or
                      (C) no sexual act or activity occurred.
      (f) Mandatory Minimum Terms of Imprisonment for Violent
    Crimes Against Children.--A person who is convicted of a
    Federal offense that is a crime of violence against the person
    of an individual who has not attained the age of 18 years
    shall, unless a greater mandatory minimum sentence of
    imprisonment is otherwise provided by law and regardless of any
    maximum term of imprisonment otherwise provided for the
    offense--
              (1) if the crime of violence is murder, be imprisoned
            for life or for any term of years not less than 30,
            except that such person shall be punished by death or
            life imprisonment if the circumstances satisfy any of
            subparagraphs (A) through (D) of section 3591(a)(2) of
            this title;
              (2) if the crime of violence is kidnapping (as
            defined in section 1201) or maiming (as defined in
            section 114), be imprisoned for life or any term of
            years not less than 25; and
              (3) if the crime of violence results in serious
            bodily injury [(as defined in section 1365)], or if a
            dangerous weapon was used during and in relation to the
            crime of violence, be imprisoned for life or for any
            term of years not less than 10.
      (g)(1) If a defendant who is convicted of a felony offense
    (other than offense of which an element is the false
    registration of a domain name) knowingly falsely registered a
    domain name and knowingly used that domain name in the course
    of that offense, the maximum imprisonment otherwise provided by
    law for that offense shall be doubled or increased by 7 years,
    whichever is less.
      (2) As used in this section--
              (A) the term ``falsely registers'' means registers in
            a manner that prevents the effective identification of
            or contact with the person who registers; and
              (B) the term ``domain name'' has the meaning given
            that term is section 45 of the Act entitled ``An Act to
            provide for the registration and protection of
            trademarks used in commerce, to carry out the
            provisions of certain international conventions, and
            for other purposes'' approved July 5, 1946 (commonly
            referred to as the ``Trademark Act of 1946'') (15
            U.S.C. 1127).

    SUBCHAPTER B--PROBATION

               *       *       *       *       *       *       *

    Sec. 3563. Conditions of probation

      (a) Mandatory Conditions.--The court shall provide, as an
    explicit condition of a sentence of probation--
              (1) for a felony, a misdemeanor, or an infraction,
            that the defendant not commit another Federal, State,
            or local crime during the term of probation;
              (2) for a felony, that the defendant also abide by at
            least one condition set forth in subsection (b)(2) or
            (b)(12), unless the court has imposed a fine under this
            chapter, or unless the court finds on the record that
            extraordinary circumstances exist that would make such
            a condition plainly unreasonable, in which event the
            court shall impose one or more of the other conditions
            set forth under subsection (b);
              (3) for a felony, a misdemeanor, or an infraction,
            that the defendant not unlawfully possess a controlled
            substance;
              (4) for a domestic violence crime as defined in
            section 3561(b) by a defendant convicted of such an
            offense for the first time that the defendant attend a
            public, private, or private nonprofit offender
            rehabilitation program that has been approved by the
            court, in consultation with a State Coalition Against
            Domestic Violence or other appropriate experts, if an
            approved program is readily available within a 50-mile
            radius of the legal residence of the defendant; and
              (5) for a felony, a misdemeanor, or an infraction,
            that the defendant refrain from any unlawful use of a
            controlled substance and submit to one drug test within
            15 days of release on probation and at least 2 periodic
            drug tests thereafter (as determined by the court) for
            use of a controlled substance, but the condition stated
            in this paragraph may be ameliorated or suspended by
            the court for any individual defendant if the
            defendant's presentence report or other reliable
            sentencing information indicates a low risk of future
            substance abuse by the defendant;
              (6) that the defendant--
                      (A) make restitution in accordance with
                    sections 2248, 2259, 2264, 2327, 3663, 3663A,
                    and 3664;
                      (B) pay the assessment imposed in accordance
                    with section 3013; and
              (7) that the defendant will notify the court of any
            material change in the defendant's economic
            circumstances that might affect the defendant's ability
            to pay restitution, fines, or special assessments;
              (8) for a person required to register under the Sex
            Offender Registration and Notification Act, that the
            person comply with the requirements of that Act; and
              (9) that the defendant cooperate in the collection of
            a DNA sample from the defendant if the collection of
            such a sample is authorized pursuant to section 3 of
            the DNA Analysis Backlog Elimination Act of 2000.
    If the court has imposed and ordered execution of a fine and
    placed the defendant on probation, payment of the fine or
    adherence to the court-established installment schedule shall
    be a condition of the probation.
      (b) Discretionary Conditions.--The court may provide, as
    further conditions of a sentence of probation, to the extent
    that such conditions are reasonably related to the factors set
    forth in section 3553(a)(1) and (a)(2) and to the extent that
    such conditions involve only such deprivations of liberty or
    property as are reasonably necessary for the purposes indicated
    in section 3553(a)(2), that the defendant--
              (1) support his dependents and meet other family
            responsibilities;
              (2) make restitution to a victim of the offense under
            section 3556 (but not subject to the limitation of
            section 3663(a) or 3663A(c)(1)(A));
              (3) give to the victims of the offense the notice
            ordered pursuant to the provisions of section 3555;
              (4) work conscientiously at suitable employment or
            pursue conscientiously a course of study or vocational
            training that will equip him for suitable employment;
              (5) refrain, in the case of an individual, from
            engaging in a specified occupation, business, or
            profession bearing a reasonably direct relationship to
            the conduct constituting the offense, or engage in such
            a specified occupation, business, or profession only to
            a stated degree or under stated circumstances;
              (6) refrain from frequenting specified kinds of
            places or from associating unnecessarily with specified
            persons;
              (7) refrain from excessive use of alcohol, or any use
            of a narcotic drug or other controlled substance, as
            defined in section 102 of the Controlled Substances Act
            (21 U.S.C. 802), without a prescription by a licensed
            medical practitioner;
              (8) refrain from possessing a firearm, destructive
            device, or other dangerous weapon;
              (9) undergo available medical, psychiatric, or
            psychological treatment, including treatment for drug
            or alcohol dependency, as specified by the court, and
            remain in a specified institution if required for that
            purpose;
              (10) remain in the custody of the Bureau of Prisons
            during nights, weekends, or other intervals of time,
            totaling no more than the lesser of one year or the
            term of imprisonment authorized for the offense, during
            the first year of the term of probation or supervised
            release;
              (11) reside at, or participate in the program of, a
            community corrections facility (including a facility
            maintained or under contract to the Bureau of Prisons)
            for all or part of the term of probation;
              (12) work in community service as directed by the
            court;
              (13) reside in a specified place or area, or refrain
            from residing in a specified place or area;
              (14) remain within the jurisdiction of the court,
            unless granted permission to leave by the court or a
            probation officer;
              (15) report to a probation officer as directed by the
            court or the probation officer;
              (16) permit a probation officer to visit him at his
            home or elsewhere as specified by the court;
              (17) answer inquiries by a probation officer and
            notify the probation officer promptly of any change in
            address or employment;
              (18) notify the probation officer promptly if
            arrested or questioned by a law enforcement officer;
              (19) remain at his place of residence during
            nonworking hours and, if the court finds it
            appropriate, that compliance with this condition be
            monitored by telephonic or electronic signaling
            devices, except that a condition under this paragraph
            may be imposed only as an alternative to incarceration;
              (20) comply with the terms of any court order or
            order of an administrative process pursuant to the law
            of a State[, the District of Columbia, or any other
            possession or territory of the United States,]
            requiring payments by the defendant for the support and
            maintenance of a child or of a child and the parent
            with whom the child is living;
              (21) be ordered deported by a United States district
            court, or United States magistrate judge, pursuant to a
            stipulation entered into by the defendant and the
            United States under section 238(d)(5) of the
            Immigration and Nationality Act, except that, in the
            absence of a stipulation, the United States district
            court or a United States magistrate judge, may order
            deportation as a condition of probation, if, after
            notice and hearing pursuant to such section, the
            Attorney General demonstrates by clear and convincing
            evidence that the alien is deportable;
              (22) satisfy such other conditions as the court may
            impose or;
              (23) if required to register under the Sex Offender
            Registration and Notification Act, submit his person,
            and any property, house, residence, vehicle, papers,
            computer, other electronic communication or data
            storage devices or media, and effects to search at any
            time, with or without a warrant, by any law enforcement
            or probation officer with reasonable suspicion
            concerning a violation of a condition of probation or
            unlawful conduct by the person, and by any probation
            officer in the lawful discharge of the officer's
            supervision functions.
      (c) Modifications of Conditions.--The court may modify,
    reduce, or enlarge the conditions of a sentence of probation at
    any time prior to the expiration or termination of the term of
    probation, pursuant to the provisions of the Federal Rules of
    Criminal Procedure relating to the modification of probation
    and the provisions applicable to the initial setting of the
    conditions of probation.
      (d) Written Statement of Conditions.--The court shall direct
    that the probation officer provide the defendant with a written
    statement that sets forth all the conditions to which the
    sentence is subject, and that is sufficiently clear and
    specific to serve as a guide for the defendant's conduct and
    for such supervision as is required.
      (e) Results of Drug Testing - The results of a drug test
    administered in accordance with paragraph (a)(5) shall be
    subject to confirmation only if the results are positive, the
    defendant is subject to possible imprisonment for such failure,
    and either the defendant denies the accuracy of such test or
    there is some other reason to question the results of the test.
    A defendant who tests positive may be detained pending
    verification of a positive drug test result. A drug test
    confirmation shall be a urine drug test confirmed using gas
    chromatography/mass spectrometry techniques or such test as the
    Director of the Administrative Office of the United States
    Courts after consultation with the Secretary of Health and
    Human Services may determine to be of equivalent accuracy. The
    court shall consider whether the availability of appropriate
    substance abuse treatment programs, or an individual's current
    or past participation in such programs, warrants an exception
    in accordance with United States Sentencing Commission
    guidelines from the rule of section 3565(b), when considering
    any action against a defendant who fails a drug test
    administered in accordance with paragraph (a)(5).

               *       *       *       *       *       *       *

    PART III--PRISONS AND PRISONERS

               *       *       *       *       *       *       *

    CHAPTER 301--GENERAL PROVISIONS

               *       *       *       *       *       *       *

    Sec. 4002. Federal prisoners in State institutions; employment

      For the purpose of providing suitable quarters for the
    safekeeping, care, and subsistence of all persons held under
    authority of any enactment of Congress, the Attorney General
    may contract, for a period not exceeding three years, with the
    proper authorities of any State[, Territory,] or political
    subdivision thereof, for the imprisonment, subsistence, care,
    and proper employment of such persons.
      Such Federal prisoners shall be employed only in the
    manufacture of articles for, the production of supplies for,
    the construction of public works for, and the maintenance and
    care of the institutions of, the State or political subdivision
    in which they are imprisoned.
      The rates to be paid for the care and custody of said persons
    shall take into consideration the character of the quarters
    furnished, sanitary conditions, and quality of subsistence and
    may be such as will permit and encourage the proper authorities
    to provide reasonably decent, sanitary, and healthful quarters
    and subsistence for such persons.

    Sec. 4003. Federal institutions in States without appropriate
                        facilities

      If by reason of the refusal or inability of the authorities
    having control of any jail, workhouse, penal, correctional, or
    other suitable institution of any State [or Territory,] or
    political subdivision thereof, to enter into a contract for the
    imprisonment, subsistence, care, or proper employment of United
    States prisoners, or if there are no suitable or sufficient
    facilities available at reasonable cost, the Attorney General
    may select a site either within or convenient to the State[,
    Territory,] or judicial district concerned and cause to be
    erected thereon a house of detention, workhouse, jail, prison-
    industries project, or camp, or other place of confinement,
    which shall be used for the detention of persons held under
    authority of any Act of Congress, and of such other persons as
    in the opinion of the Attorney General are proper subjects for
    confinement in such institutions.

               *       *       *       *       *       *       *

    Sec. 4013. Support of United States prisoners in non-Federal
                        institutions

      (a) The Attorney General, in support of United States
    prisoners in non-Federal institutions, is authorized to make
    payments from funds appropriated for Federal prisoner detention
    for--
              (1) necessary clothing;
              (2) medical care and necessary guard hire; and
              (3) the housing, care, and security of persons held
            in custody of a United States marshal pursuant to
            Federal law under agreements with State or local units
            of government or contracts with private entities.
      (b) The Attorney General, in support of Federal prisoner
    detainees in non- Federal institutions, is authorized to make
    payments, from funds appropriated for State and local law
    enforcement assistance, for entering into contracts or
    cooperative agreements with any State[, territory,] or
    political subdivision thereof, for the necessary construction,
    physical renovation, acquisition of equipment, supplies, or
    materials required to establish acceptable conditions of
    confinement and detention services in any State or local
    jurisdiction which agrees to provide guaranteed bed space for
    Federal detainees within that correctional system, in
    accordance with regulations which are issued by the Attorney
    General and are comparable to the regulations issued under
    section 4006 of this title, except that--
              (1) amounts made available for purposes of this
            paragraph shall not exceed the average per-inmate cost
            of constructing similar confinement facilities for the
            Federal prison population,
              (2) the availability of such federally assisted
            facility shall be assured for housing Federal
            prisoners, and
              (3) the per diem rate charged for housing such
            Federal prisoners shall not exceed allowable costs or
            other conditions specified in the contract or
            cooperative agreement.
      (c)(1) The United States Marshals Service may designate
    districts that need additional support from private detention
    entities under subsection (a)(3) based on--
              (A) the number of Federal detainees in the district;
            and
              (B) the availability of appropriate Federal, State,
            and local government detention facilities.
      (2) In order to be eligible for a contract for the housing,
    care, and security of persons held in custody of the United
    States Marshals pursuant to Federal law and funding under
    subsection (a)(3), a private entity shall--
              (A) be located in a district that has been designated
            as needing additional Federal detention facilities
            pursuant to paragraph (1);
              (B) meet the standards of the American Correctional
            Association;
              (C) comply with all applicable State and local laws
            and regulations;
              (D) have approved fire, security, escape, and riot
            plans; and
              (E) comply with any other regulations that the
            Marshals Service deems appropriate.
      (3) The United States Marshals Service shall provide an
    opportunity for public comment on a contract under subsection
    (a)(3).
      (d) Health Care Fees For Federal Prisoners in Non-Federal
    Institutions.--
              (1) In general.--Notwithstanding amounts paid under
            subsection (a)(3), a State or local government may
            assess and collect a reasonable fee from the trust fund
            account (or institutional equivalent) of a Federal
            prisoner for health care services, if--
                      (A) the prisoner is confined in a non-Federal
                    institution pursuant to an agreement between
                    the Federal Government and the State or local
                    government;
                      (B) the fee--
                              (i) is authorized under State law;
                            and
                              (ii) does not exceed the amount
                            collected from State or local prisoners
                            for the same services; and
                      (C) the services--
                              (i) are provided within or outside of
                            the institution by a person who is
                            licensed or certified under State law
                            to provide health care services and who
                            is operating within the scope of such
                            license;
                              (ii) constitute a health care visit
                            within the meaning of section
                            4048(a)(4) of this title; and
                              (iii) are not preventative health
                            care services, emergency services,
                            prenatal care, diagnosis or treatment
                            of chronic infectious diseases, mental
                            health care, or substance abuse
                            treatment.
              (2) No refusal of treatment for financial reasons.--
            Nothing in this subsection may be construed to permit
            any refusal of treatment to a prisoner on the basis
            that--
                      (A) the account of the prisoner is insolvent;
                    or
                      (B) the prisoner is otherwise unable to pay a
                    fee assessed under this subsection.
              (3) Notice to prisoners of law.--Each person who is
            or becomes a prisoner shall be provided with written
            and oral notices of the provisions of this subsection
            and the applicability of this subsection to the
            prisoner. Notwithstanding any other provision of this
            subsection, a fee under this section may not be
            assessed against, or collected from, such person--
                      (A) until the expiration of the 30-day period
                    beginning on the date on which each prisoner in
                    the prison system is provided with such
                    notices; and
                      (B) for services provided before the
                    expiration of such period.
              (4) Notice to prisoners of state or local
            implementation.--The implementation of this subsection
            by the State or local government, and any amendment to
            that implementation, shall not take effect until the
            expiration of the 30-day period beginning on the date
            on which each prisoner in the prison system is provided
            with written and oral notices of the provisions of that
            implementation (or amendment, as the case may be). A
            fee under this subsection may not be assessed against,
            or collected from, a prisoner pursuant to such
            implementation (or amendments, as the case may be) for
            services provided before the expiration of such period.
              (5) Notice before public comment period.--Before the
            beginning of any period a proposed implementation under
            this subsection is open to public comment, written and
            oral notice of the provisions of that proposed
            implementation shall be provided to groups that
            advocate on behalf of Federal prisoners and to each
            prisoner subject to such proposed implementation.
              (6) Comprehensive HIV/AIDS services required.--Any
            State or local government assessing or collecting a fee
            under this subsection shall provide comprehensive
            coverage for services relating to human
            immunodeficiency virus (HIV) and acquired immune
            deficiency syndrome (AIDS) to each Federal prisoner in
            the custody of such State or local government when
            medically appropriate. The State or local government
            may not assess or collect a fee under this subsection
            for providing such coverage.

               *       *       *       *       *       *       *

    CHAPTER 306--TRANSFER TO OR FROM FOREIGN COUNTRIES

               *       *       *       *       *       *       *

    Sec. 4101. Definitions

      As used in this chapter the term--
              (a) ``double criminality'' means that at the time of
            transfer of an offender the offense for which he has
            been sentenced is still an offense in the transferring
            country and is also an offense in the receiving
            country. With regard to a country which has a federal
            form of government, an act shall be deemed to be an
            offense in that country if it is an offense under the
            federal laws or the laws of any state or province
            thereof;
              (b) ``imprisonment'' means a penalty imposed by a
            court under which the individual is confined to an
            institution;
              (c) ``juvenile'' means--
                      (1) a person who is under eighteen years of
                    age; or
                      (2) for the purpose of proceedings and
                    disposition under chapter 403 of this title
                    because of an act of juvenile delinquency, a
                    person who is under twenty-one years of age;
              (d) ``juvenile delinquency'' means--
                      (1) a violation of the laws of the United
                    States or a State thereof or of a foreign
                    country committed by a juvenile which would
                    have been a crime if committed by an adult; or
                      (2) noncriminal acts committed by a juvenile
                    for which supervision or treatment by juvenile
                    authorities of the United States, a State
                    thereof, or of the foreign country concerned is
                    authorized;
              (e) ``offender'' means a person who has been
            convicted of an offense or who has been adjudged to
            have committed an act of juvenile delinquency;
              (f) ``parole'' means any form of release of an
            offender from imprisonment to the community by a
            releasing authority prior to the expiration of his
            sentence, subject to conditions imposed by the
            releasing authority and to its supervision, including a
            term of supervised release pursuant to section 3583;
              (g) ``probation'' means any form of a sentence under
            which the offender is permitted to remain at liberty
            under supervision and subject to conditions for the
            breach of which a penalty of imprisonment may be
            ordered executed;
              (h) ``sentence'' means not only the penalty imposed
            but also the judgment of conviction in a criminal case
            or a judgment of acquittal in the same proceeding, or
            the adjudication of delinquency in a juvenile
            delinquency proceeding or dismissal of allegations of
            delinquency in the same proceedings;
              (i) ``State'' means any State of the United States,
            the District of Columbia, the Commonwealth of Puerto
            Rico, and any territory or possession of the United
            States;
              [(j) ``transfer'' means a transfer of an individual
            for the purpose of the execution in one country of a
            sentence imposed by the courts of another country; and]
              (k) ``treaty'' means a treaty under which an offender
            sentenced in the courts of one country may be
            transferred to the country of which he is a citizen or
            national for the purpose of serving the sentence.

               *       *       *       *       *       *       *

    PART IV--CORRECTION OF YOUTHFUL OFFENDERS

               *       *       *       *       *       *       *

    CHAPTER 401--GENERAL PROVISIONS

               *       *       *       *       *       *       *

    Sec. 5003. Custody of State offenders

      (a)(1) The Director of the Bureau of Prisons when proper and
    adequate facilities and personnel are available may contract
    with proper officials of a State [or territory], for the
    custody, care, subsistence, education, treatment, and training
    of persons convicted of criminal offenses in the courts of such
    State [or territory].
      (2) Any such contract shall provide--
              (A) for reimbursing the United States in full for all
            costs or expenses involved;
              (B) for receiving in exchange persons convicted of
            criminal offenses in the courts of the United States,
            to serve their sentence in appropriate institutions or
            facilities of the State [or territory] by designation
            as provided in section 4082(b) of this title, this
            exchange to be made according to formulas or conditions
            which may be negotiated in the contract; or
              (C) for compensating the United States by means of a
            combination of monetary payment and of receipt of
            persons convicted of criminal offenses in the courts of
            the United States, according to formulas or conditions
            which may be negotiated in the contract.
      (3) No such contract shall provide for the receipt of more
    State [or territory] prisoners by the United States than are
    transferred to that State [or territory] by such contract.
      (b) Funds received under such contract may be deposited in
    the Treasury to the credit of the appropriation or
    appropriations from which the payments for such service were
    originally made.
      (c) Unless otherwise specifically provided in the contract, a
    person committed to the Attorney General hereunder shall be
    subject to all the provisions of law and regulations applicable
    to persons committed for violations of laws of the United
    States not inconsistent with the sentence imposed.
      [(d) The term ``State'' as used in this section includes any
    State, territory, or possession of the United States, and the
    Canal Zone.]

               *       *       *       *       *       *       *

    CHAPTER 403--JUVENILE DELINQUENCY

               *       *       *       *       *       *       *

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

      A juvenile alleged to have committed an act of juvenile
    delinquency, other than a violation of law committed within the
    special maritime and territorial jurisdiction of the United
    States for which the maximum authorized term of imprisonment
    does not exceed six months, shall not be proceeded against in
    any court of the United States unless the Attorney General,
    after investigation, certifies to the appropriate district
    court of the United States that (1) the juvenile court or other
    appropriate court of a State does not have jurisdiction or
    refuses to assume jurisdiction over said juvenile with respect
    to such alleged act of juvenile delinquency, (2) the State does
    not have available programs and services adequate for the needs
    of juveniles, or (3) the offense charged is a crime of violence
    that is a felony or an offense described in section 401 of the
    Controlled Substances Act (21 U.S.C. 841), or section 1002(a),
    1003, 1005, 1009, or 1010(b)(1), (2), or (3) of the Controlled
    Substances Import and Export Act (21 U.S.C. 952(a), 953, 955,
    959, 960(b)(1), (2), (3)), section 922(x) or section 924(b),
    (g), or (h) of this title, and that there is a substantial
    Federal interest in the case or the offense to warrant the
    exercise of Federal jurisdiction.
      If the Attorney General does not so certify, such juvenile
    shall be surrendered to the appropriate legal authorities of
    such State. [[For purposes of this section, the term ``State''
    includes a State of the United States, the District of
    Columbia, and any commonwealth, territory, or possession of the
    United States.]
      If an alleged juvenile delinquent is not surrendered to the
    authorities of a State pursuant to this section, any
    proceedings against him shall be in an appropriate district
    court of the United States. For such purposes, the court may be
    convened at any time and place within the district, in chambers
    or otherwise. The Attorney General shall proceed by information
    or as authorized under section 3401(g) of this title, and no
    criminal prosecution shall be instituted for the alleged act of
    juvenile delinquency except as provided below.
      A juvenile who is alleged to have committed an act of
    juvenile delinquency and who is not surrendered to State
    authorities shall be proceeded against under this chapter
    unless he has requested in writing upon advice of counsel to be
    proceeded against as an adult, except that, with respect to a
    juvenile fifteen years and older alleged to have committed an
    act after his fifteenth birthday which if committed by an adult
    would be a felony that is a crime of violence or an offense
    described in section 401 of the Controlled Substances Act (21
    U.S.C. 841), or section 1002(a), 1005, or 1009 of the
    Controlled Substances Import and Export Act (21 U.S.C. 952(a),
    955, 959), or section 922(x) of this title, or in section
    924(b), (g), or (h) of this title, criminal prosecution on the
    basis of the alleged act may be begun by motion to transfer of
    the Attorney General in the appropriate district court of the
    United States, if such court finds, after hearing, such
    transfer would be in the interest of justice. In the
    application of the preceding sentence, if the crime of violence
    is an offense under section 113(a), 113(b), 113(c), 1111, 1113,
    or, if the juvenile possessed a firearm during the offense,
    section 2111, 2113, 2241(a), or 2241(c), ``thirteen'' shall be
    substituted for ``fifteen'' and ``thirteenth'' shall be
    substituted for ``fifteenth''. Notwithstanding sections 1152
    and 1153, no person subject to the criminal jurisdiction of an
    Indian tribal government shall be subject to the preceding
    sentence for any offense the Federal jurisdiction for which is
    predicated solely on Indian country (as defined in section
    1151), and which has occurred within the boundaries of such
    Indian country, unless the governing body of the tribe has
    elected that the preceding sentence have effect over land and
    persons subject to its criminal jurisdiction. However, a
    juvenile who is alleged to have committed an act after his
    sixteenth birthday which if committed by an adult would be a
    felony offense that has as an element thereof the use,
    attempted use, or threatened use of physical force against the
    person of another, or that, by its very nature, involves a
    substantial risk that physical force against the person of
    another may be used in committing the offense, or would be an
    offense described in section 32, 81, 844(d), (e), (f), (h), (i)
    or 2275 of this title, subsection (b)(1)(A), (B), or (C), (d),
    or (e) of section 401 of the Controlled Substances Act, or
    section 1002(a), 1003, 1009, or 1010(b)(1), (2), or (3) of the
    Controlled Substances Import and Export Act (21 U.S.C. 952(a),
    953, 959, 960(b)(1), (2), (3)), and who has previously been
    found guilty of an act which if committed by an adult would
    have been one of the offenses set forth in this paragraph or an
    offense in violation of a State felony statute that would have
    been such an offense if a circumstance giving rise to Federal
    jurisdiction had existed, shall be transferred to the
    appropriate district court of the United States for criminal
    prosecution.
      Evidence of the following factors shall be considered, and
    findings with regard to each factor shall be made in the
    record, in assessing whether a transfer would be in the
    interest of justice: the age and social background of the
    juvenile; the nature of the alleged offense; the extent and
    nature of the juvenile's prior delinquency record; the
    juvenile's present intellectual development and psychological
    maturity; the nature of past treatment efforts and the
    juvenile's response to such efforts; the availability of
    programs designed to treat the juvenile's behavioral problems.
    In considering the nature of the offense, as required by this
    paragraph, the court shall consider the extent to which the
    juvenile played a leadership role in an organization, or
    otherwise influenced other persons to take part in criminal
    activities, involving the use or distribution of controlled
    substances or firearms. Such a factor, if found to exist, shall
    weigh in favor of a transfer to adult status, but the absence
    of this factor shall not preclude such a transfer.
      Reasonable notice of the transfer hearing shall be given to
    the juvenile, his parents, guardian, or custodian and to his
    counsel. The juvenile shall be assisted by counsel during the
    transfer hearing, and at every other critical stage of the
    proceedings.
      Once a juvenile has entered a plea of guilty or the
    proceeding has reached the stage that evidence has begun to be
    taken with respect to a crime or an alleged act of juvenile
    delinquency subsequent criminal prosecution or juvenile
    proceedings based upon such alleged act of delinquency shall be
    barred.
      Statements made by a juvenile prior to or during a transfer
    hearing under this section shall not be admissible at
    subsequent criminal prosecutions.
      Whenever a juvenile transferred to district court under this
    section is not convicted of the crime upon which the transfer
    was based or another crime which would have warranted transfer
    had the juvenile been initially charged with that crime,
    further proceedings concerning the juvenile shall be conducted
    pursuant to the provisions of this chapter.
      A juvenile shall not be transferred to adult prosecution nor
    shall a hearing be held under section 5037 (disposition after a
    finding of juvenile delinquency) until any prior juvenile court
    records of such juvenile have been received by the court, or
    the clerk of the juvenile court has certified in writing that
    the juvenile has no prior record, or that the juvenile's record
    is unavailable and why it is unavailable.
      Whenever a juvenile is adjudged delinquent pursuant to the
    provisions of this chapter, the specific acts which the
    juvenile has been found to have committed shall be described as
    part of the official record of the proceedings and part of the
    juvenile's official record.

               *       *       *       *       *       *       *

                                  ----------

    TITLE 28, UNITED STATES CODE

               *       *       *       *       *       *       *

    PART II--DEPARTMENT OF JUSTICE

               *       *       *       *       *       *       *

                        CHAPTER 31--THE ATTORNEY GENERAL

    Sec.
    501. Executive department.
         * * * * * * *
    530E. Inventory and index of Federal criminal offenses.

               *       *       *       *       *       *       *

    Sec. 530E. Inventory and index of Federal criminal offenses

      The Attorney General shall--
              (1) develop, maintain, and keep up to date a current
            inventory and current subject matter index of all
            Federal criminal offenses, including violations of
            agency rules or regulations that by Federal statute
            constitute or define Federal criminal offenses;
              (2) design the inventory and index to which paragraph
            (1) refers to include the text of all Federal criminal
            offenses to which paragraph (1) refers and otherwise to
            maximize its usefulness to members of the public
            seeking to ensure their compliance with Federal
            criminal statutes and attorneys advising members of the
            public with respect to such compliance; and
              (3) beginning not later than one year after the date
            of enactment of this section, make available to the
            public at no charge, through the Internet and by such
            other means as the Attorney General determines
            appropriate, the inventory and index to which paragraph
            (1) refers.

               *       *       *       *       *       *       *

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